T-19 TX Restrictions, Encroachments, Minerals Endorsement

Restrictions, Encroachments, Minerals Endorsement (Form T-19)
ENDORSEMENT
Attached to Policy No:  _________
Issued by
BLANK TITLE INSURANCE COMPANY
 

1.    The insurance provided by this endorsement is subject to the exclusions in Section 5 of thisendorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained inSchedule 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 orinstrument in effect at Date of Policy.

b.    “Improvement” means an improvement, including any landscaping, lawn, shrubbery, ortrees, affixed to either the Land or adjoining land that by law constitutes real property.

c.    “Private Right” means (i) an option to purchase; (ii) a right of first refusal; (iii) a right ofprior approval of a future purchaser or occupant; or (iv) a private charge or assessment.

3.    The Company insures against loss or damage sustained by the Insured by reason of:

a.    A violation of a Covenant that:

i.    divests, subordinates, or extinguishes the lien of the Insured Mortgage,

ii.    results in the invalidity, unenforceability or lack of priority of the lien of the InsuredMortgage, or

iii.    causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction ofthe Indebtedness;

b.    A violation on the Land at Date of Policy of an enforceable Covenant, unless anexception in Schedule B of the policy identifies the violation;

c.    Enforced removal of an Improvement located on the Land at Date of Policy as a result ofa violation, at Date of Policy, of a building setback line shown on a plat of subdivisionrecorded or filed in the Public Records, unless an exception in Schedule B of the policyidentifies the violation;

d.    A notice of a violation, recorded in the Public Records at Date of Policy, of anenforceable Covenant relating to environmental protection describing any part of theLand and referring to that Covenant, but only to the extent of the violation of theCovenant referred to in that notice, unless an exception in Schedule B of the policyidentifies the notice of the violation; or

e.    Enforcement of a Private Right in a Covenant affecting the Title at Date of Policy that:

i.    results in the invalidity, unenforceability or lack of priority of the lien of the InsuredMortgage, or

ii.    causes a loss of the Insured’s Title acquired in satisfaction or partial satisfaction ofthe Indebtedness.

4.    The Company insures against loss or damage sustained by reason of:

a.    An encroachment of:

i.    an Improvement located on the Land, at Date of Policy, onto adjoining land or ontothat portion of the Land subject to an easement; or

ii.    an Improvement located on adjoining land onto the Land at Date of Policy

unless an exception in Schedule B of the policy identifies the encroachment otherwise insured against in Sections 4.a.i. or 4.a.ii.; or

b.    A final court order or judgment requiring the removal from any land adjoining the Land of an encroachment identified in Schedule B; orc.Damage to an Improvement located on the Land, at Date of Policy that is located on or encroaches onto that portion of the Land subject to an easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; ord.Damage to Improvements located on the Land on or after Date of Policy, resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of coal, lignite, oil, gas or other minerals or any other subsurface substances excepted or excluded on Schedule A, Item 2, or excepted in Schedule B.

5.    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.    except as provided in Paragraph 3.d, any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances;

d.    contamination, explosion, fire, fracturing, vibration, earthquake, flood, or subsidence; or

e.    negligence by a person or an Entity exercising a right to extract or develop minerals or other subsurface substances.

This endorsement is issued as part of the policy. Except as it expressly states, it does not (i)modify any of the terms and provisions of the policy, (ii) modify any prior endorsements,(iii)extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent aprovision of the policy or a previous endorsement is inconsistent with an express provision ofthis endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of theterms and provisions of the policy and of any prior endorsements.
 

[Witness clause optional]

BLANK TITLE INSURANCE COMPANY

By: _______________________________________
                    Authorized Signatory

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