CO Zoning-Completed Structure Endorsement 123.2

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CO Zoning-Completed Structure Endorsement 123.2

Form Document
09/08/2005
V 1

ENDORSEMENT ATTACHED TO AND MADE A PART

OF POLICY OF TITLE INSURANCE

SERIAL NUMBER __________

ISSUED BY

STEWART TITLE GUARANTY COMPANY

HEREIN CALLED THE COMPANY

Order No.:

The Company hereby insures that, as of Date of Policy:

(a) According to the applicable zoning ordinances and amendments thereto, the land is not classified Zone _____.

(b) The following use or uses are allowed under said classification subject to compliance with any conditions, restrictions or requirements contained in said zoning ordinances and amendments thereto, including but not limited to the securing of necessary consents or authorizations as a prerequisite to such use or uses:

There shall be no liability under this endorsement based on the invalidity of said ordinances and amendments thereto until after a final decree of a court of competent jurisdiction adjudicating such invalidity, the effect of which is to prohibit such use or uses.

The Company hereby further insures against loss or damage arising from a final decree of a court of competent jurisdiction:

(a) prohibiting the use of the land, with any structure presently located thereon, as specified in paragraph 1 (b) above, or

(b) requiring the removal or alteration of said structure, on the basis that as of Date of Policy said ordinances and amendments thereto have been violated with respect to any of the following matters:

(i) Area, width or depth of the land as a building site for said structure.

(ii) Floor space area of said structure.

(iii) Setback of said structure from the property lines of the land.

(iv) Height of said structure.

Loss or damage as to the matters insured against by this endorsement shall not include loss or damage sustained or incurred by reason of the refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A.

This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.

Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.

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 a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.

For issuing guidelines on this form, see Guidelines.