Covenants, Conditions, and Restrictions

Standard Exception Topic

CCR


Covenants, Conditions, and Restrictions

Review all covenants, conditions, and restrictions for easements, assessment liens, rights of first refusal, and rights of reverter or reentry. Any affirmative coverage or endorsement must be consistent with those provisions; for example, you should not insure against loss of priority or lack of priority of the lien if the covenants provide for a maintenance lien that is not subordinated.

Exceptions

Standard Exception Subtopic

CCRX01

ALTA

07/10/2009
V 2

Covenants Exception (With Option or First Refus

Terms, provisions, options, rights of first refusal, covenants, conditions, restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded __________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons.
Comment: Except to the terms of the covenants. This exception expressly refers to possible right of first refusal, easements, and assessment liens.

Standard Exception Subtopic

CCRX02

ALTA

07/10/2009
V 2

Covenants Exception (With Option or First Refus

Terms, provisions, options, rights of first refusal, covenants, conditions, restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded __________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. These Covenants, Conditions and Restrictions also provide that any violation thereof shall not defeat or render invalid the lien of the Insured Mortgage.
Comment: This exception is appropriate only for the Loan Policy and only if the covenants provide that violations will not defeat the insured mortgage.

Standard Exception Subtopic

CCRX03

ALTA

07/10/2009
V 2

Covenants Exception (With Option or First Refus

Terms, provisions, options, rights of first refusal, covenants, conditions, restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded __________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. This instrument has been amended or modified by the instrument recorded _______________.
Comment: Use this exception if the covenants have apparently been amended.

Standard Exception Subtopic

CCRX04

ALTA

07/10/2009
V 2

Covenants Exception (No Option or First Refusal

Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded __________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons.
Comment: Except to the terms of the covenants. This exception expressly refers to easements and assessment liens (but not to possible rights of first refusal).

Standard Exception Subtopic

CCRX05

ALTA

07/10/2009
V 2

Covenants Exception (No Option or First Refusal

Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded __________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. These Covenants, Conditions and Restrictions also provide that any violation thereof shall not defeat or render invalid the lien of the Insured Mortgage.
Comment: This exception is appropriate only for the Loan Policy and only if the covenants provide that violations will not defeat the insured mortgage.

Standard Exception Subtopic

CCRX06

ALTA

07/10/2009
V 2

Covenants Exception (No Option or First Refusal

Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments and liens provided in the Covenants, Conditions and Restrictions recorded __________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. This instrument has been amended or modified by the instrument recorded _______________.
Comment: Use this exception if the covenants have apparently been amended.

Standard Exception Subtopic

CCRX07

ALTA

07/10/2009
V 2

Violation of Separate Covenants Exception Does

The Covenants, Conditions and Restrictions recorded __________________ also provide that any violation thereof shall not defeat or render invalid the lien of the Insured Mortgage.
Comment: This exception is appropriate only for the Loan Policy and only if the covenants provide that violations will not defeat the insured mortgage.

Standard Exception Subtopic

CCRX08

ALTA

07/10/2009
V 2

Amendment of Separate Covenants Exception

The Covenants, Conditions and Restrictions recorded __________________ have been amended or modified by the instrument recorded _______________.
Comment: Use this exception if the covenants have apparently been amended.

Standard Exception Subtopic

CCRX09

ALTA

07/10/2009
V 2

Restrictions Common to Subdivision

Covenants, conditions, and restrictions as set forth in instrument recorded ___________________, but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons.
Comment: You may use this exception if a specific instrument in the subdivision apparently creates a common scheme, even though the instrument does not describe the land.

Note: You may add additional local exceptions here. Please consult with our underwriting personnel in preparing appropriate provisions.

See Underwriting Manual