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EXHIBIT A
<br />(CONTINUED)
<br />AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
<br />WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND
<br />AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
<br />WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
<br />EXCLUSIONS FROM COVERAGE
<br />. r rollownng matters are ezpt essly axrluded from The ,:near age of this Policy and the Company well notray loss or damage, costs, attorneys' fees or axponses which miss by mason at
<br />1 ta) Any law, ordinance of governmental regulation Imcludirq but not limited to building and zoning laws,
<br />ordinances, or regulations) restricting, regulating, prohibfbng or relating to (i) inn uccupanc , use, air
<br />enjoyment of the land: fill the character, dimensions of location of any improvement now or hereafter
<br />netted on the land; (iii) a separation in ownership or a charge in rho dimensions or area of the land or
<br />any parcel of which the land is or was a part; or 4v) environmental protection, or the affect of any
<br />violation of these laws, ordinances or govenmentai regulations, except to the extent !hat a notice of
<br />the enticement thereof or a notice of a defecunc t, lien or encmbrae resulting from a violation or alleged
<br />violation affecting the land i-as been recorded in the public records at Date of Policy.
<br />Ib) Any governmental police power not excluded by (a) above, except to the extant that a notice of the
<br />ntercse thereof . a notice of a defect, lien or encumbrance resulting from a violation or alleged
<br />violation affecting the lend has been recorded in the public records at Data of Policy.
<br />2. Rights of eminent domain unless notice of the exercise thereof has Dean recorded In rho public records
<br />at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy
<br />which would be binding on the rights of a purchaser fa withoutvalue withoutknowledge.
<br />1 Defects, liens, encumbrances, adverse clams, m other masers:
<br />la) created, suffered, assumed a agreed to by the Insured clamant;
<br />IDI not known to the Company, not recorded in the public records at Date of Policy, but t nown to the
<br />Insured clamant and not disclosed in writing to the Company by the Insured eiamant prior to the date
<br />the insured clamant became an insured under this policy;
<br />(c) resulting in rw loss or damage to the insured clamant,
<br />(d) affecting . created subsequent to Date of Policy lexcept to the extent that this policy Insures the
<br />priority of the lien of the insured mortgage over any statutory lien tar services, lab. or material or to
<br />the extent Insurance is afforded heran as to assessments tar street Improvements under construction
<br />c• -omoleted at Date of Policy); or
<br />j resulting in loss or damage which would not have been sustained If the insured claimant had pad
<br />value tot the nsiared mortgage.
<br />4. Unenforceabihty of :he ken of the insured mortgage because of the inability or failure of the insure- at
<br />Date of Policy, or the inability or talura of any subsequent owner of the indebtedness, to comply win
<br />applicable doing business laws of the state in which the land is situated.
<br />5. Invalidity or unenlor.oabdity of rho lien of the insured mortgage, or clam thereof, which apses out of
<br />the transaction avidenned by the insured mortgage and is based upon usury or any consumer credit
<br />protection of truth in lending law.
<br />5. Any statutory lien for services, labor or materials !a the clam of priority of any statutory lien fcr
<br />services, labor or materials over the lien of the insured mortgage) ariang from an improvement m work
<br />related to the lard which is contracted for and -ommenced subsequent to Date of Policy and is • I
<br />financed in whole Or in part by proceeds of the indebtedness secured by the insured mortgage which
<br />at Date of Policy rho insured has advanced of is obligated to advance.
<br />7, Any clam, which arises out of the transaction creating the interest of the mortgagee insured by this
<br />policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' fights
<br />laws, that :s based on:
<br />(i) the transaction creating the inteest of the insured mortgagee bang deemed a fraudulent conveyance
<br />or fraudulent transfer; or
<br />(ii) the subordination of the interest or the insured mortgagee as a result of the application of the
<br />doctrine of equitable subordination; or
<br />Bill the transaction creating the interest of the insured mortgagee being deemed a preferential transtar
<br />except where the preferential transfer results from the failure:
<br />'',al to timely record the instrument of trarister; m
<br />Ili) at such recordation to import notice to a purchaser for value or a lodgement or lien aeMtor.
<br />AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND
<br />AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
<br />EXCLUSIONS FROM COVERAGE
<br />The following matters are expressly excluded from the coverage of this policy and the Company —11 at
<br />pay lose or damage, costs, attorneys' fees or expenses which wise by reason of:
<br />1. (a) Any low, ordinance or governmental regulation (including but not horded to budding and zoning laws,
<br />ordinances, or regulations) restricting, regulating, prohibiting or rolatinq to lit the occupancy, use, or
<br />enjoyment of the land; (if) the character, dimensions or location of any improvement now or hereafter
<br />erected on the land; Uii) a separation in ownership or a change in the dimensions of was of the land or
<br />any parcel of which the land is or was a part; or liv) environmental protection, or the effect of any
<br />violation of these laws, ordinances or governmental regulations, except to the extent that a notice of
<br />the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation m alleged
<br />violation stfachng the land has been recorded in the public records at Date of Policy.
<br />(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the
<br />exercise thereof or a notice of a defect, lien m encumbrance insulting from a violation or alleged
<br />violation affecting the land has been recorded hide public records at Date of Policy.
<br />2. Rights of eminent domain artless notice of the exercise thereof has been recorded in the public records
<br />at Date of Policy, but rot excluding from coverage any taking which hasoccurned prim to Data of Policy
<br />which would be binding on the rights of a purchaser fm value without knowledge.
<br />3. Detects, liana, encumbrances, adverse dams, or other matters:
<br />(a) created, suffered, assumed or agreed to by the Insured clamant;
<br />ib) not known to the Company, rot recorded in the public retards at Date of Policy, but known to the
<br />insured clamant and not disclosed in writing to the Company by the insured clamant prim to the date
<br />the insured claimant became an insured under this policy;
<br />(c) resulting In no loss or damage to the insured claimant;
<br />(d) attaching or created subsequent to Date of Policy, or
<br />(a) resulting in lose or damage which would not have been sustained if the insured clamant had pad
<br />value for the estate or interest irsurred by thin policy.
<br />Any claim, which asses out of the transaction vesting in the insured the estate or interest insured by
<br />this policy, by reason of the operation of federal bankruptcy, state insolvency, m similar creditors'
<br />rights laws, that is based on:
<br />(i) the transaction creatinq the aware or interest insured by this policy bang deemed a fraudulent
<br />conveyance or fraudulent transfer; or
<br />(ii) the transaction creating the oasts ar interest insured by this policy bang deemed a Preferential
<br />transfer except where the preferential transfer, results from the failure:
<br />(a) to timely record the instrument of transfer; m
<br />(b) of such recordation to impart notice to a purchaser for value m a judgement or lien creditor.
<br />The above ABTA policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the
<br />above Exclusions from Coverage, the Exceptions from Coveregein a Standard Coverage policy will also include the following
<br />General Exceptions:
<br />EXCEPTIONS FROM COVERAGE
<br />This policy does not instate Now loss or damage land the Company will not pay costs, attorneys' fees or expenses) which miss by reason of:
<br />Texas Or assessments which are rot shown as existing Gen by the records of any taxing authority that 3. Easements, liens a encumbrancer, or dams thereof, which are not shown by the public records.
<br />levies taxes a assessments on real property or by the Public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in miss, encroachments, or any other facts which
<br />which may result in taxes m assessments, or notices of such proceedings, whether or rot shown by a correct survey would dledoss, and which are not shown by the public records.
<br />the records of such agency or by the pudic records. 5. (a) Unpaented mining dams; (b) reservations or exceptions in patents or in Acts authorizing the
<br />Any facts, rights, intaeets m dams which me not shown by the public records but which could be issuance thereof; (c) water rights, dams m title to water, whether m not the matters excepted under
<br />ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), Ib) or (c) are shown by the public records.
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