Commonwealth Land Title Insurance Company, NCS

ALTA ENDORSEMENTS - 238 - SAMPLES AND DESCRIPTIONS ENERGY PROJECT – COVENANTS, CONDITIONS AND RESTRICTIONS – LAND UNDER DEVELOPMENT – OWNER’S – FORM 36.4-06 ALTA Endorsement — Form 36.4-06 is available for an owner’s policy only. It is for use with policies insuring new construction of energy projects (solar or wind, for example). It is similar to the ALTA 9.8-06 (Covenants, Conditions and Restrictions – Land Under Development-Owners) coverage and includes the following coverage: • Adds specific energy project definitions • Adds coverage for violation of an enforceable Covenant unless shown in Schedule B • Adds coverage for enforced removal as a result of a building setback encroachment not shown as an exception on Schedule B. • Adds coverage for loss occasioned by a recorded notice of a violation of a covenant relating to environmental protection if not shown as an exception on Schedule B. • Includes a limitation that the coverage does not include loss resulting from covenants contained in an easement or lease, any obligation to perform maintenance or any covenant pertaining to environmental damage or contamination. ALTA Endorsement — Form 36.4-06 (Energy Project – Covenants, Conditions and Restrictions – Land Under Development – Owner’s – 4/2/12) Form 36.4-06 Energy Project – Covenants, Conditions and Restrictions – Land Under Development – Owner’s

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