CLTA 100.2.2 (ARCHIVED) Restrictions, Encroachments, Minerals - Owner's Policy - Unimproved Land - Future Improvements Re Minerals Extraction (06-17-06) ALTA 9.4

ENDORSEMENT
Attached to Policy No.
Issued by
STEWART TITLE GUARANTY COMPANY

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

1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B:

(a) Present violations on the Land of any enforceable covenants, conditions or restrictions,

(b) Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land; (ii) for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions.

(c) Any encroachment onto the Land of existing improvements located on adjoining land.

(d) Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records.

2. Damage to improvements (excluding lawns, shrubbery, or trees) constructed on the Land 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 minerals excepted from the description of the Land or excepted in Schedule B.

Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they do not include the terms, covenants, conditions or limitations contained in an instrument creating a lease.

As used in paragraphs 1.a, the words "covenants, conditions, or restrictions" do not include any covenants, conditions or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B.

[Witness clause optional]

STEWART TITLE GUARANTY COMPANY

BY: