DE ALTA Endorsement 9.9-06 (Private Rights Endorsement - Owner’s Policy) (04-02-13) DTIRB 79 (09/01/17)

STEWART TITLE INSURANCE COMPANY

ENDORSEMENT

Attached to and made a part of Policy Number                                             File Number

1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy.

2.  For the purposes of this endorsement only:

a.  “Covenant” means a covenant, condition, limitation or restriction in a document or instrument recorded in the Public Records at Date of Policy.

b.  “Private Right” means (i) an option to purchase; (ii) a right of first refusal; or (iii) a right of prior approval of a future purchaser or occupant.

3.  The Company insures against loss or damage sustained by the Insured under this Owner’s Policy if enforcement of a Private Right in a Covenant affecting the Title at Date of Policy based on a transfer of Title on or before Date of Policy causes a loss of the Insured’s Title. 

4.  This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from:

a.  any Covenant contained in an instrument creating a lease;

b.  any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land;

c.  any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances; or

d.  any Private Right in an instrument identified in Exception(s) ______ in Schedule B.

IN WITNESS WHEREOF, the Company has caused this endorsement to be issued and become valid when signed by an authorized officer or licensed agent of the Company.

STEWART TITLE INSURANCE COMPANY

By:_______________________________

    Authorized Officer or Licensed Agent