Agmt 2005 Stahl-Wooldridge Construction Co

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MAY-12-2005 THU 09:52 AN CITY OF SAN LEANDRO FAX NO. 51057733]0 P. 15 or 1\ change in the dimeI\.~ions or area of the land Of MY parcel of which tbe land is or was ft part; or (iv) environmental protection, Or tbe effeGt of any violation onhesc laws, ordinallC.'t8 or govenunental regulations. except to the extem thaI a notice of the cnforcemem rhereof or a notice of II defect, licn or tmcumbrance resulting from a viOlation or alleged violation affecting the llU'ld has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, excepr to the extent that a n{lticc of the ex.e:rcise thereof or a notice of II defect, lien or encumhr.mce resulting from II vil)lation or alleged violation affecting the land has been recorded in the public recordK at Dare of Policy. 2. Rights of eminent dommn unless notice ot" the exercise thereof has been recorded in the public records al Date of Policy, but DOt eXCluding from coverage tmy taking which has occurred prior to Date of Policy which would be binding on tbe rights of a purchaser for value without knowledge. 3. Defects, liens. encumbrances. adverse claims or other I1Ultters: fa) created, suffered, assumed or agreed to by the insured claimanr; (b) not known to the Company. nor recorded in the public records at Date of Policy, but known to the imured claimant and not disclosed in writing IO the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; tc) reSUlting in no los~ Or dlUllagc to the iJuured cl;umant; (d) attaching or created subsequent to Date of Policy; or ~e) resulting in 1000s or damage which would nor h&W~ been sustained if the insured clairn3n1 had paid value for the estate or interest insured by this policy. 4. Any claim. which arises out of the tran!illCtion vesting in rile insured the estate or interest insured by this )XII icy. by rea.~b of the operation of federal bankruptcy, state insolvency. Or similar creditor's ri~hts laws, that is based on: (a) the transaction creating IDe eslate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer: or (b) the lraI1SaC.tion treating the eSlate or interest iw.'Ured by this policy being deemed a preterential transfer except where lhe prefere.l1lial transfer results from the failure: (i) lo timely record the instrument of transfer; or (ii) of such recDrdlltion to impm notice to a purchaser fur value or judgment or lien creditor. . The above policy forms may be issued [Q afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceplions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This P<'licy does not insure against loss or damage (and the Company will not pay costs, attorney's fee~ or expense!;) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any tHXing authority thar le\ie$ taxes or asses~menls on r('.at propen)' Or by rhe public record$. Proceedings by a pUblic agency which may result in taxes or assessmenrs, or notices of such proc{:edjngs, whether l1r not shown by the records of such agency or by the public records. 2. Any racr~, rights, interest or claims which are not shown by the public records. but which could be ascertained by an wpection of rim land or whiell mllY be assencd by peJ'S(lDS in possession thereof. 3. E.aseDlents, liens or encumbrances. or claims thereof. which ate nOI shown by (be public record~" 4. Discrepancies, contlicrs in houndary lines. shortage in &rea, encroachments, or any other facts whicb a C(mect survey would disclose, and which are nor shown by the public records. 5. (a) Unpatented mining claims; (b) re~er\'ations or exceptions in parents or in Acts authorizing the issuance tllcretlf; (e) wtlter rights, claims or rille (0 water whether or not the matters excepted under (a), (b) or (c) &tc shown by the public records. n'AlM... l.-...w :!.1pn.IIU PAGE 5 OF 5 MAY 12,2005 10:50 5105773310 Page 15