TX Restrictions, Encroachments, Minerals Endorsement T-19

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 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 in effect at Date of Policy.

b. “Improvement” means an improvement, including any landscaping, lawn, shrubbery, or trees, 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 of prior 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 Insured Mortgage, or

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

b. A violation on the Land at Date of Policy of an enforceable Covenant, unless an exception 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 of a violation, at Date of Policy, of a building setback line shown on a plat of subdivision recorded or filed in the Public Records, unless an exception in Schedule B of the policy identifies the violation;

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

Form T-19 Sec. II Effective January 3, 2014

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 Insured

Mortgage, or

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

the 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 onto

that 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; or

c. 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; or

d. Damage to an Improvement located on the Land on or after Date of Policy, resulting from

the future exercise of a right to use the surface of the Land for the extraction or

development of minerals or any other subsurface substances excepted from the

description of the Land 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, or subsidence; or

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

other subsurface substances.

Form T-19 Sec. II Effective January 3, 2014

[Witness clause optional]

BLANK TITLE INSURANCE COMPANY

By: _______________________________________

Authorized Signatory