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2001-044 Ordinance
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2001-044 Ordinance
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1/16/2014 10:57:25 AM
Creation date
1/15/2014 11:28:09 AM
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North Olmsted Legislation
Legislation Number
2001-044
Legislation Date
5/21/2001
Year
2001
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EXCLUSIONS FROM COVERAGE <br />The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or <br />damage, costs, attorneys' fees or expenses which arise by reason of: <br />1. (a) <br />(b) <br />2. <br />Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, <br />ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or <br />enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter <br />erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any <br />parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of <br />these iaws, ordinances or governmental regulations, except to the extent that a notice of the enforcement <br />thereof or a notice af a defect, lien or encumbrance resulting from a violation or alleged violation affecting <br />the land`has been 4corded in the public records at Date of Policy. <br />Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise <br />thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affec#ing the <br />land has been recorded in the public records at Date of Policy. <br />Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of <br />Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be <br />binding on the rights of a purchaser for value without knowledge. <br />Defects, liens, encumbrances, adverse claims or other matters: <br />(a) created, sufifered, assumed or agreed to by the insured claimant; <br />(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured <br />claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured <br />claimant became an insured under ihis policy; <br />(c) resulting in no loss or damage to the insured claimant; <br />(d) attaching or created subsequent to Date of Policy; or <br />(e) resulting in loss or damage which would not have been sustained if the insured ctaimant had paid value for <br />the estate or interest insured by this policy. <br />4. Any claim, which arises out of the transaction vesting in the Insured the es4ate or interest insured by this policy, by <br />reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: <br />(i) the transaciion creating the estate or interest insured by this policy being deemed a fraudulent conveyance <br />or fraudulent transfer; or <br />(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer <br />except where the preferential transfer results from the failure: <br />(a) to timely record the instrument of transfer; or <br />(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
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