SC Underwriting References
REQUIREMENTS
ACCESS
R1ACS Evidence satisfactory to the Company that there is a right of access to and from the land.
R1AC1 Proof satisfactory to the Company of a legal right of access to or from the land, and, by reason thereof, the Policy will not insure any right of access to and from the land.
R1AC2 Proof satisfactory to the Company of a legal right of access from the land to be insured herein to a publicly dedicated and maintained road right-of-way.
AFFIDAVITS
R1AF1 Proof by Affidavit which refers to the land and based upon personal knowledge of the Affiant, that in the chain of title has never been adjudicated bankrupt or incompetent, and has never had any judgments, tax liens or liens of any nature whatsoever filed against .
R1AF2 Proof by Affidavit which refers to the land, that neither nor ever executed an unrecorded deed of their individual interest, entered into a contract to sell their individual interest, or expressed in writing or verbally an intent to sever their joint tenancy with right of survivorship; from the date of acquisition of the land, , up to and including the date of death of on .
R1AF3 Proof by Affidavit which refers to the land, that , (one of) the purchaser(s)/mortgagor(s), has never been adjudicated bankrupt or incompetent, and has never had any judgments, tax liens, or liens of any nature whatsoever filed against .
R1AF4 Satisfactory proof in affidavit form establishing that died intestate in the year , leaving as his/her sole heir(s) at law; that said heir(s) were sui juris on the date of their conveyance to ; and that there are no debts due the estate of said .
R1AF5 We will require proof by affidavit, which refers to the land, that _____ has/have never been adjudicated bankrupt nor incompetent and has/have never had any judgments, tax liens or liens of any nature whatsoever filed against him/her.
R1AF6 Affidavit, in recordable form, from _____, setting forth facts sufficient to establish that the transaction to be insured herein is at “arms length,” for adequate and fair consideration (appraised valuation).
R1AF7 Non-identity affidavit, from _____, setting forth facts sufficient to establish that he/she is not one and the same as _____, for whom incompetency proceedings were brought under Case No. _____ in the Office of the Probate Court for _____ County.
R1AF8 Affidavit executed by current owner(s) of the land on a form to be supplied by the Company stating that there have been no improvements to the land within the past 90 days which could give rise to a construction lien and that there are no accounts or claims pending and unpaid which could constitute a lien against the land. The affidavit will also state that affiant has no knowledge of any natural person or legal entity who has or could have a claim of right, interest or lien adverse to the Insured.
R1AFC/ Non-identity affidavit, from _____, setting forth facts sufficient to establish R1AFR/ that he/she is not one and the same person as that person who is the R1AFD subject of the _____, recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____.
R1AFS South Carolina Surveyor’s Affidavit certified to WFG National Title Insurance Company prepared by a registered land surveyor acceptable to the Company, stating the following: OPT1: The land described in Deed Book _____, Page _____, is adjacent to and contiguous with the lands described in Schedule A, and no overlap exists between said land and the land described in Schedule A. OPT2: The parcels of land described in Schedule A are contiguous, with no overlaps or gaps between the parcels.
AFFIRMATIVE COVERAGE LIMITATION
R1AFF With respect to exception _____, Schedule B, the loan policy to be issued will contain affirmative coverage as shown in the attached specimen endorsement (Exhibit ___).
R1ACL The Policy when insured will contain the following by endorsement:
ARCHITECTURAL CONTROL
R1ACC/ Obtain approval of construction plans and specifications from the R1ACR/ Architectural Control Committee pursuant to the recorded in the R1ACD Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page .
ASSIGNMENT OF RENTS AND LEASES/RELEASE
R1ARC/ Release of Assignment of Rents and Leases from to , dated , R1ARR/ recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for R1ARD County in Book , Page .
R1AR1/ Release of Conditional Assignment of Rents and Leases, in favor of _____, R1AR2/ recorded in the Office of the Clerk of Court/RMC/Register of Deeds for R1ARE _____ County in _____ Book _____, Page _____.
R1AR3/ Partial Release of Conditional Assignment of Rents and Leases, in favor of R1AR4/ _____, recorded in the Office of the Clerk of Court/RMC/Register of Deeds R1ARF for _____ County in _____ Book _____, Page _____.
R1AR5/ Assignment of Rents and Leases by _____ to _____, dated _____, recorded R1AR6/ _____, in the Office of the Clerk of Court/RMC/Register of Deeds for _____ R1ARG County in _____ Book _____, Page _____.
R1ARN NOTE: THIS COMPANY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AS NECESSARY.
ASSOCIATION LIENS
R1AS1 Proof of payment of any Homeowners / Horizontal Property Regime Association liens and/or assessments.
R1AS2 The Company requires a subordination agreement from the Homeowners / Horizontal Property Regime Association of its lien for maintenance assessments, subordinating such rights to the mortgage to the proposed insured.
SCHEDULE B, PART II, EXCEPTIONS
R1B11 The Policy when issued will contain the following matters on Schedule B-II:
BANKRUPTCY
R1BA1 Payment, satisfaction and cancellation of record of the following judgments:
1.
In the alternative, we will require certified copies of the Petition in Bankruptcy, the Schedule of Liabilities showing said judgments, and the Discharge of the Debtor, in Case No. , in re . In addition thereto, we will require a copy of the Order issued under 11 USC Section 522 (f), proof of notice to the holders of said judgments, proof that said judgments are not debts which are excepted from discharge by 11 USC Section 523, or proof that the assets used to purchase the land were exempted in or acquired subsequent to said bankruptcy proceedings.
R1BA2 A certified copy of the Order of Cancellation and Discharge of the following Judgments, issued by the Court(s) which entered each Judgment, together with a certified copy of the Order of Discharge in Bankruptcy, Case No. in re :
1. Final Judgment
R1BA3 Examination of Bankruptcy Case No. , in re: . The Company reserves the right to make further requirements as it may deem necessary.
R1BA4 A certified copy of the Order to sell the land free and clear of all liens pursuant to 11 USC Section 363.
R1BA5 Evidence satisfactory to the Company that the sale and conveyance of the land has been approved by the Bankruptcy Court having jurisdiction in the bankruptcy of _____, and that the following procedure has been followed:
a. Pursuant to notice to all creditors and parties in interest, the Bankruptcy Court has issued its order authorizing the specific transfer to the proposed insured.
b. The order was uncontested and there has been no objection to jurisdiction of the court.
c. No notice of appeal has been filed, no stay has been granted during the appeal period, and at least ten (10) days have elapsed since issuance of the order.
d. The order was final, under the procedural rules in effect in the district, and no approval or consent of the Federal District Court is required.
e. The Court confirmed the sale, or confirmation was unnecessary.
f. A copy of the Bankruptcy Court order authorizing the sale was recorded in the County land records concurrently with (or as an exhibit to) the deed to the proposed insured.
BUSINESS TRUST
R1TC5 Obtain and record in the Office of the ________ for _______ County, South R1TR5 Carolina, the Trust Agreement referred to in instrument recorded in the R1TD5 Office of the _______ for _______ County in _______ Book _______, Page _______, and any amendments thereto, together with satisfactory evidence that said Trust is in full force and effect. A verified copy of the trust agreement must also be filed with the Secretary of State pursuant to Section 33-53-10, South Carolina Code of Laws, 1976, as amended.
CHURCHES
The following requirements pertaining to conveyance of church land have general application, and must be revised to conform with the facts in each particular transaction.
A. WHERE INDEPENDENT CHURCH HAVING NO REGULAR FORM OF GOVERNMENT APPLIES FOR A LOAN
In the absence of anything to the contrary, the church is presumed to have a congregational form of government. Therefore, regardless of whether the title was acquired in the name of the trustees or in the name of the church itself, it would vest as a matter of law in the trustees.
R1CH1 Obtain the passage of a resolution by the congregation at a regular or special meeting convened by reasonable notice from the pulpit of the church, authorizing the making of the loan and giving of the mortgage should be executed by all the trustees pursuant to the resolution, and it is also well to have the Pastor of the church join in the execution of the instrument.
B. INCORPORATED BODY
Where the members of the society constitute the incorporated body, consent of the corporation is necessary for the sale of church property by trustees, and the trustees acting without consent of the corporation have no title to convey and their deed executed under such circumstances is void.
1. Resolutions - General - Loan
R1CH2 A certified copy of appropriate church resolutions passed in a business meeting assembled, authorizing the borrowing of money and encumbrance of the land as security therefore, and designating the appropriate church officers to execute the loan instruments, together with a Certificate of the Clerk of the Church identifying the persons so designated.
2. Resolutions - General - Sale or Purchase
R1CH3 A certified copy of appropriate church resolutions passed in a business meeting assembled, authorizing the (purchase or conveyance) of the land, and designating the appropriate church officers to execute the necessary instruments, together with a Certificate of the Clerk of the Church, identifying the persons so designated.
3. Baptist - General
R1CH4 A certified copy of the resolutions of the congregation of Baptist Church authorizing the (Trustees - Deacons) to consummate the transaction and execute the instrument to be insured, together with a Certificate of the Clerk of the Church identifying the present (Trustees - Deacons) of the church who must execute the instrument to be insured.
4. Baptist - Loan
R1CH5 A Certified copy of the resolution adopted by the congregation of Baptist Church, while in business session assembled, authorizing the procurement of the loan and the execution of the instrument incidental thereto, by the (Trustees - Deacons) of Baptist Church, together with a Certificate of the Clerk of the Church identifying the present (Trustees - Deacons) of the Church who must execute the instrument to be insured.
5. Methodist - Sale - General
R1CH6 The deed from Methodist Church must be executed pursuant to proper resolutions adopted at a special meeting of the Quarterly Conference of said Methodist Church, called and held pursuant to the Discipline of The Methodist Church. 6. Methodist - Sale - Specific
R1CH7 A certified copy of the resolution of Quarterly Conference of Methodist Church approving the sale of the land for a stipulated price and directing the Trustees to execute and deliver an appropriate deed, and to receive the purchase money. The resolution should recite, and the Clerk or Secretary of the Quarterly Conference should include in the certificate, a statement to the effect that due notice of the meeting of the Quarterly Conference was given by announcement from the pulpit at a regular church service at least ten (10) days prior to the meeting.
The Pastor of the Church and the District Superintendent having jurisdiction thereof, must assent to the sale at the price and on the terms specified, and such assent must be evidenced by the signatures of said officials on the deed to the purchaser.
The deed to the purchaser should contain appropriate recital of the foregoing resolution and of the approval of the Pastor and District Superintendent.
7. Presbyterian - General
R1CH8 A resolution of the congregation of Presbyterian Church authorizing the Trustees to consummate the transaction and execute the instrument to be insured, together with a Certificate of the Clerk of the Church identifying the present Trustees of the church, who must execute the instrument to be insured.
CONDOMINIUMS
R1CD1 Proof of compliance with the requirements of the Master Deed for Horizontal Property Regime regarding the sale and transfer of the land.
R1CD2 Proof that the Condominium Assessments on this unit are current.
R1CD3 Proof of payment of any Condominium Homeowners Association liens and/or assessments.
R1CD4 A Subordination Agreement from the Condominium Homeowners Association of its lien for maintenance assessments, subordinating such rights to the mortgage to the proposed insured.
R1CD5 Certificate of Approval from the Condominium Home Owners Association pursuant to the Master Deed for Horizontal Property Regime.
R1CD6 NOTE: STANDARD ALTA CONDOMINIUM ENDORSEMENT (ALTA 4) WILL BE ATTACHED TO AND MADE A PART OF THE FINAL LOAN POLICY.
CONSIDERATION (LACK OF)
R1CNC/ Satisfactory evidence must be furnished to the Company evidencing
R1CNR/ adequate consideration for the conveyance from _____ to _____ by Deed
R1CND recorded in the Office of the Clerk of Court/RMC/Register of Deeds in Book _____, Page _____, to which only minimum documentary stamps were affixed.
CORPORATE
AMENDMENTS
R1CAC/ Recordation in the Office of the _______ for _______ County of certified copy R1CAR/ of the Articles of Incorporation of _______ changing the name of the R1CAD corporation to _______.
MERGERS
R1MRC/ Recordation in the Office of the _______ for _______ County of certified copy R1MRR/ of the Articles of Merger reflecting the change in name of _______ to R1MRD _______.
CORPORATIONS AND CORPORATE STATUS
R1CS1 Proof of the corporate existence of the following:
a) , from , to .
ALIEN CORPORATION
R1CS2 Proof that was in corporate good standing as of and is in good standing through the date of execution of the from the country of origin. If said Corporation has not obtained a permit from the Department of State to do business in South Carolina, then we will require that the Articles of Incorporation and any amendments thereto, be recorded. (Verified English translation is needed). We will further require satisfactory proof consistent with the foregoing as to the authority of the party executing the . Should any executing party be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.
FOREIGN (NON-DOMESTIC OUT OF STATE) CORPORATION
R1CS3 Obtain and record certified translations of all corporate documents relevant to this transaction (i.e., resolutions, the corporate charter and by-laws, and certificates as to the proper incorporation of _____, a corporation organized under the laws of _____), together with proof as to the continued corporate existence and good standing of said corporation from the acquisition through the conveyance of the land described in Schedule A. The Company reserves the right to make such additional requirements as it may deem necessary.
R1CS5 Satisfactory evidence must be furnished as to the proper incorporation of _____, a _____ corporation, prior to acquisition of the land described in Schedule A, together with proof as to the current status of said corporation in its state of origin. The Company reserves the right to make such additional requirements as it may deem necessary.
R1CS6 Satisfactory evidence must be furnished as to the proper incorporation of _____, a _____ corporation, prior to closing this transaction, together with proof as to the current status of said corporation in its state of origin. The Company reserves the right to make such additional requirements as it may deem necessary.
NON-PROFIT CORPORATION
R1CS4 Satisfactory evidence should be furnished as to the incorporation of _____, a nonprofit corporation organized under the laws of the State of _____, together with proof as to the continued corporate existence and good standing of said corporation from acquisition through conveyance of the land described in Schedule A. In addition, the articles of incorporation together with certified copies of the resolutions of the governing body of said corporation, authorizing the transaction and designating the officers who will execute the instruments, must be furnished. The resolution must set forth the consideration and the terms of the transaction. The Company reserves the right to make such additional requirements as it may deem necessary.
BULK SALES
R1CS7 Unless the articles of incorporation provide otherwise, if the proposed transaction is the sale of all or substantially all of the assets of _____, a _____ corporation, in accordance with Section 36-12-102 of the South Carolina Code of Laws, 1976, as amended, a certified copy of the resolution of the directors and shareholder approval authorizing the transaction is required.
R1CS8 If the proposed transaction is the sale of substantially all of the assets of _____ corporation, other than in the regular/and usual course of business, in accordance with Section 33-12-102 of the South Carolina Code of Laws, 1976, as amended, a certified copy of the resolution of the board of directors and shareholder approval is required.
R1CS9 Unless the articles of incorporation provide otherwise, if the proposed transaction is the mortgage of any or all of the assets of _____, a _____ corporation, in accordance with Section 33-12-102 of the South Carolina Code of Laws, 1976, as amended, a certified copy of the resolution of the directors specifically identifying and authorizing the transaction is required. GENERAL
R1C10 Satisfactory evidence showing _____, a _____ corporation was in good standing from _____ (or a date prior thereto) through and including _____.
R1C11 Satisfactory evidence from the appropriate foreign governmental authority showing _____, a _____ corporation in good standing from _____ to _____.
R1C12 Articles of Incorporation, by-laws and other corporate documents pertaining to the existence and operation of _____, a _____ Corporation.
R1CA1 Approval of the Board of Directors of _____, a _____ corporation, of this transaction.
R1CA2 Evidence satisfactory to the Company that all corporations which are parties to the transaction are valid and subsisting under the laws of their respective domiciliary states and that all necessary consents, authorizations, resolutions, notices and corporate actions required under applicable law or corporate by-laws have been conducted, given, or properly waived, such that the actions by the corporations, acting through their duly constituted officers, are valid and binding acts of said corporations. (NOTE: Opinion of counsel for the respective corporations, in form and substance satisfactory to the Company, may be used to satisfy this requirement.)
R1CAI A true copy of the Articles of Incorporation and by-laws of _____, a _____ corporation, together with all amendments thereto; must be provided to this company.
NOTE: THIS COMPANY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AS NECESSARY UPON RECEIPT AND EXAMINATION OF THE ABOVE-REFERENCED DOCUMENTATION.
R1COR A certified copy of the resolution of the Board of Directors of the borrower authorizing the borrowing of money and the encumbrance of the land as security therefor.
R1COS A certified copy of the resolution of the Board of Directors of the seller authorizing the sale.
CREDITORS RIGHTS
R1CR1 The Company must be furnished with information as to the structure of the transaction that the Company is being asked to insure. Upon receipt and review of the information required the Company reserves the right to make such additional requirements as it may deem necessary.
R1CR2 The Company has been requested to insure a policy form that does not contain an exclusion for creditors rights or to delete its creditors rights exclusion. The Company must be furnished information concerning the transaction to be insured including, but not limited to, the overall structure of the transaction, flow of funds, proforma performances and any additional information available to reflect the true and correct picture of the transaction. Upon review of the information the Company reserves the right to make such additional requirements as it may deem necessary.
DEATH CERTIFICATES
R1DCC/ We will require a certified copy of the Death Certificate of , to be R1DCR/ recorded in the Office of the Clerk of Court/RMC/Register of Deeds of R1DCD County, South Carolina.
R1DC2 We will require a certified copy of the Death Certificate of , to be recorded in the Probate Court of County, South Carolina.
R1DC3 Certified or True Copy of Certificate of Death of _____, deceased.
DEEDS
R1D1 Warranty Deed from to conveying the land described under Schedule A herein.
R1D4C/ The Deed from to , dated , recorded , in the Office of the Clerk R1D4R/ of Court/RMC/Register of Deeds for County in Book , Page , R1D4D is defective in that ____. Said instrument should be corrected, re-executed, re-acknowledged, and re-recorded; or a new instrument in proper form should be recorded. This Commitment should then be updated through the date of recording of said instrument.
R1D5C/ Satisfactory evidence must be furnished establishing the date of R1D5R/ unconditional delivery of the Deed from to , dated , recorded , R1D5D in the Office of the Clerk of Court/RMC/Register of Deeds for ______ County in Book , Page , as being prior to , and the facts and circumstances surrounding said delivery.
R1DQ1 Quit Claim Deed from _____ to proposed insured, conveying the land described under Schedule A herein.
DEED-PERSONAL REPRESENTATIVES
R1D6 Proper Deed of distribution from , as Personal Representative of the Estate of , deceased, to .
R1D8 Execution, delivery and recording of a proper deed from _____, Personal Representative of the Estate of _____, deceased, containing proper recitals as to powers in the deceased’s Will, or pursuant to proper Court Order to Sell, conveying title to the land to _____. The Company reserves the right to make additional requirements based upon a review of the deed and the probate proceeding.
R1D9 Proper Deed from , as Personal Representative of the Estate of , deceased, to ___. In connection therewith, we will require proof by Affidavit that the decedent left no surviving spouse or minor children, and a Special Warranty Deed from to , and Release of Estate Taxes.
R1D10 Execution and filing of an instrument of distribution or release by ________ as Personal Representative of the Estate of ___________, deceased.
DEED RECITALS-BEACH FRONT MANAGEMENT ACT
R1D12 NOTE: This Deed must contain a disclosure of baselines, setback lines, velocity zone, seaward corners of habitable structures and the most recent erosion rates as required by Section 48-39-330 of the South Carolina Code of Laws, 1976, as amended.
DEED RECITALS-DEEDS IN LIEU
R1DC/ This deed is an absolute conveyance, the grantor(s) having sold said land to R1DR/ the grantee for a fair and adequate consideration, in addition to that above R1DD recited, being full satisfaction of all obligations secured by the mortgage (deed of trust) executed by to (as mortgagor) (as mortgagee/trustee) recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , and the note(s) or bond(s) secured thereby.
R1DL2 Grantor(s) declares that this conveyance is freely and fairly made, and that there are no agreements, oral or written, or other than this deed between grantor(s) and grantee with respect to said land.
DEED IN LIEU
R1DLC/ Proof by Affidavit which refers to the land that the deed recorded in the R1DLR/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1DLD Book , at Page was an absolute deed in lieu of foreclosure in full and complete satisfaction of the mortgage recorded in the Office of the Clerk of Court/RMC/Register of Deeds for ______ County in Book , at Page , and in discharge of the indebtedness secured thereby; and that possession of the land was surrendered by the mortgagor/grantor simultaneously therewith, and that there were no side agreements as to this land or any proceeds therefrom.
R1DL3 NOTE: If a monetary consideration is being given in addition to the satisfaction of the indebtedness secured by the encumbrance, the amount received by the grantor should be set forth in the deed.
R1D7C/ Warranty Deed from to . Said deed must recite that same is an R1D7R/ absolute deed in lieu of foreclosure in full and complete satisfaction of the R1D7D mortgage recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , and in discharge of the indebtedness secured thereby; and that possession of the land is being surrendered by the mortgagor/grantor simultaneously herewith, and that there are no side agreements as to this land or any proceeds therefrom.
DEED DELIVERY
R1DDC/ Satisfactory evidence must be furnished establishing the date of delivery of R1DDR/ the Deed from _____ to _____, dated _____, recorded _____, in the Office of the R1DDD Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____, as being prior to _____, and the facts and circumstances surrounding said delivery.
DEED-GENERAL PARTNERSHIPS
R1D2C Warranty deed from , a General Partnership, to . In connection with said deed, we will further require:
1. Production of a copy of the partnership agreement, with an affidavit affixed thereto that it is a true copy of the partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.
2. That said deed be executed by all of the partners unless said partnership agreement shows no limitation on the authority of one partner to execute a conveyance.
3. Should any partner be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.
4. The Partnership must have been formed as of .
R1D4 Warranty Deed from , a partnership, by all of the general partners, to , or in the alternative, production of a true copy of the partnership, agreement, which must show no limitation on the authority of one general partner to execute a conveyance.
R1GP2 Warranty Deed from _____, a general partnership, executed by a duly authorized partner, to _____. Note: If the executing general partner is a corporation, proof of good standing for said corporation is required and the deed must have witnesses. DEED-LIMITED PARTNERSHIPS
R1LP5 Deed from _____, a South Carolina Limited Partnership, executed by the authorized general partner(s), to _____, together with proof of the original and continued qualification of said partnership to do business in the State of South Carolina.
R1D3 Warranty Deed from , a partnership, by all of the general partners, to , or in the alternative, production of a true copy of the certificate of limited partnership, which must show no limitation on the authority of one general partner to execute a conveyance.
DEED-FOREIGN LIMITED PARTNERSHIPS
R1P6 Deed from _____, a _____ Limited Partnership, executed by the authorized general partner(s), to _____, together with proof of the original and continued qualification of said partnership to do business in its state of origin.
R1P7 Proof satisfactory to this Company of registration of Foreign Limited Partnership in compliance with Section 33-42-1620.
NOTE: 1D2A and 1D2B must be used jointly, not independently.
R1D2A Warranty deed from , a Limited Partnership, to . In connection with said deed, we will further require:
1. Production of a copy of the partnership agreement, with an affidavit affixed thereto that it is a true copy of the partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.
2. That said deed be executed by all of the partners unless said partnership agreement shows no limitation on the authority of one partner to execute a conveyance.
3. Should any partner be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.
4. The Partnership must have been formed as of .
R1D2B 5. Proof by Affidavit that the land does not constitute all or substantially all of the Partnership’s real property, or if it does so constitute, then proof of a consenting vote of the proposed sale by the limited partners, if required in the Partnership Agreement.
DEED-LIMITED LIABILITY PARTNERSHIPS
NOTE: 1D3A and 1D3B must be used jointly, not independently.
R1D3A Warranty deed from , a Limited Liability Partnership, to . In connection with said deed, we will further require:
1. Production of a copy of the limited liability partnership agreement, with an affidavit affixed thereto that it is a true copy of the limited liability partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.
2. That said deed be executed by all of the partners unless said limited liability partnership agreement shows no limitation on the authority of one partner to execute a conveyance.
3. Should any partner be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.
4. The Limited Liability Partnership must have been formed as of .
5. Evidence of continued registration and good standing from South Carolina Secretary of State.
R1D3B 6. Proof by Affidavit that the land does not constitute all or substantially all of the Limited Liability Partnership’s real property, or if it does so constitute, then proof of a consenting vote of the proposed sale by all the limited liability partners, if required in the Limited Liability Partnership Agreement.
DEED-LIMITED LIABILITY COMPANY
NOTE: 1D4A and 1D4B must be used jointly, not independently.
R1D4A Warranty deed from , a Limited Liability Company, to . In connection with said deed, we will further require:
1. Production of a copy of the limited liability company Articles of Organization, with an affidavit affixed thereto that it is a true copy of the limited liability company Articles of Organization and all amendments thereto, that no new members have been admitted, that no member has assigned his/her interest, died or been adjudicated incompetent or bankrupt or dissociation, and that the limited liability company has not been dissolved.
2. That said deed be executed by any one member unless said limited liability company is a manager run company. In that event, we will require evidence of the authority of the manager to execute the deed.
3. Should any member be other than a natural person, we will require proof of corporate good standing as well as documentation of authority to execute on its behalf.
4. The Limited Liability Company must have been formed as of .
5. Evidence of the filing of the Articles of Organization with the Secretary of State.
R1D4B 6. Evidence to show that the sale of the insured premises does not represent more than 50% of the total assets of the seller. If more than 50% of the assets are being liquidated through this sale, a certificate of compliance from the S.C. Department of Revenue will be required.
DEED-TRUSTEE
R1D8C/ Deed from , as Trustee under Trust Agreement _____, dated , R1D8R/ recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for R1D8D County in Book ___ Page __, as amended by instrument dated , recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page __, to _____.
R1D11 NOTE: This deed must be executed pursuant to proper corporate resolutions, and we must be furnished a certified copy thereof.
OUTSTANDING INTEREST
R1DE1/ Execution, delivery and recording of a proper deed from _____ to _____ R1DE2/ conveying title to the land, reciting the following: This deed is given for R1DE3 the purpose of releasing, satisfying and canceling that certain _____ made between the parties, recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page ____, which is hereby declared to be null and void.
DISCLOSURES & POLICY AVAILABILITY
R1DS1 We must be furnished with a copy of South Carolina Insurance Department 3601 executed pursuant to Section 38-75-960 of the South Carolina Code of Laws, 1976, as amended.
R1DS2 We must be furnished with an executed Notice of Availability of Title Insurance pursuant to South Carolina Insurance Department Regulation R-69-18, Volume 25A of the South Carolina Code of Laws, 1976, as amended.
R1DS3 We must be furnished with a copy of South Carolina Insurance Department 3601 executed pursuant to Section 38-75-960 of the South Carolina Code of Laws, 1976, as amended, and an executed Notice of Availability of Title Insurance pursuant to South Carolina Insurance Department Regulation R-69-18, Volume 25A of the South Carolina Code of Laws, 1976, as amended.
R1NO1 Notice of Availability of Owner’s Title Insurance to be completed, signed and delivered to WFG National Title Insurance Company.
ENCROACHMENTS/PROJECTIONS
If there is an encroachment (of substantial size) of a fence or other objects from adjacent real property, require:
R1EN1 Affidavit in recordable form by adjacent land owner(s) that owner’s _____ encroaches feet and it is with the express consent of _____ that adjacent land owner(s) agree(s) to remove said _____ encroachment when required.
R1FEN Affidavit in recordable form by adjacent land owner, that their fence encroaches feet and it is with the express consent of our mortgagors, and adjacent land owners agree to remove said fence if and when required.
If there is a projection (of substantial size) of a fence or other object from the proposed insured land onto adjacent property, require:
R1EN2 Affidavit or easement in recordable form by adjacent land owner(s) that _____ projects onto adjacent land and it is with the express consent of said owner(s) and land owner(s) agree(s) to allow said _____ projection to remain.
ENDORSEMENT REQUIREMENTS
R1EN3 Compliance with the Company requirement for the issuance of the endorsements set out on the list on Schedule B and/or attached as exhibits.
NOTE: INSERT EN9 IN SCHEDULE B-II OF COMMITMENT
EXCLUSIONS FROM COVERAGE - CONDITIONS AND STIPULATIONS
In the event that permission to omit or eliminate an Exclusion or Condition & Stipulations has been obtained from State Manager or Counsel the following language is to be utilized by endorsement only. FOR EXCLUSION
REX3 Paragraph ______________ of the Exclusions is hereby deleted.
FOR CONDITIONS AND STIPULATIONS
REX4 Paragraph ______________ of the Conditions and Stipulations is hereby deleted.
FEDERAL TAX LIENS
R1FL1/ Notice of Federal Tax Lien recorded _____ in the Office of the Clerk of Court R1FL2/ /RMC/Register of Deeds for _____ County in ____ Book _____, Page _____, R1FLD against _____, for a total amount of $_____. This Notice of Federal Tax Lien appears to be against the party in our chain of title and must be discharged and canceled of record.
R1FL3/ Notice of Federal Tax Lien recorded _____ in the Office of the Clerk of Court R1FL4/ /RMC/Register of Deeds for _____ County in _____ Book _____, Page _____, R1FLE against _____, for a total amount of $_____. Proof is required to show that the Notice of Federal Tax Lien is not against the party in our chain of title.
R1FL5/ Release of Federal Tax Lien against _____, dated _____, recorded _____, in the R1FL6/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County, or R1FLF proof that _____ is not the same person against whom said Tax Lien was filed.
FIRPTA (UNDERWRITING BULLETIN SE-44)
R1FIR NOTE: Attached to this Commitment are recorded instruments which would reflect the status of the transferor (party in title) as being a "foreign person" under Section 1445 of the Internal Revenue Service Code. Review procedures for compliance with FIRPTA.
R1FPT Documents of record appear to reflect that the _____ is or may be a “foreign person” under Section 1445 of the Internal Revenue Service Code. We will require compliance with FIRPTA.
FORECLOSURE
R1FC2 Masters Deed from the Master in Equity for _____ County conveying the land to (name of purchaser) pursuant to the Order of Sale issue in conjunction with Case No. entitled _____ vs. _____, and compliance with the bid by the successful bidder at the foreclosure sale.
R1FC1 Completion of the foreclosure action pending entitled _____ vs. _____, Case No. .
HUD (SINGLE FAMILY NONJUDICIAL)
R1HD1 As to that certain foreclosure action recorded in the Office of the Clerk of Court for _____ County in _____ Book ______, Page _____, this Company will require a copy of the written designation of the Foreclosure Commissioner executed by the Secretary, General Counsel or Field Assistant General Counsel of HUD.
R1HD5 As to that certain foreclosure action recorded in the Office of the Clerk of Court for _____ County in _____ Book _____, Page _____, we must be furnished proof that the Foreclosure Commissioner’s Deed is without warranty or covenants and contains the following:
(i) The date, time and place of the foreclosure sale.
(ii) A statement that the foreclosed mortgage was held by the Secretary.
(iii) The date and recordation data of the mortgage.
(iv) The details of the service of the Notice of Default and Foreclosure Sale.
(v) The date and place of filing the Notice of Default and Foreclosure Sale.
(vi) A statement that the foreclosure was conducted in accordance with the provisions of the Act and with the terms of the Notice of Default and Foreclosure Sale.
(vii) The name of the successful bidder and the amount of the bid.
FURTHER REQUIREMENTS
R1FR1 The Company reserves the right to make such additional requirements as it may deem necessary.
R1FR2 Upon review of the information required the Company reserves the right to make such additional requirements as it may deem necessary.
GAP INSURANCE
R1GAP NOTE: The Company will insure the period of time between the last title examination and the recording of the deed and/or mortgage giving rise to the interest being insured provided:
1. Title is updated at or near the time of closing and such update is satisfactory to the Company;
2. The Seller and/or Borrower provide an Affidavit that there are no matters that could give rise to a lien that would attach to the land between the effective date hereof and recording of the interest to be insured;
3. The deed or mortgage to be insured is recorded as soon as possible after closing.
GOVERNMENT RESOLUTIONS
R1RS1 Resolution, in recordable form of the governing body of _____, authorizing the mortgage of the land, designating the appropriate official(s) who will execute the mortgage and setting forth the amount and the terms of the mortgage and note to be executed.
R1RSP Resolution, in recordable form of the governing body of _____, authorizing the purchase of the land, designating the appropriate official(s) who will execute the closing documents and setting forth the amount and the terms of said purchase.
R1RSS Resolution, in recordable form of the governing body of _____, authorizing the conveyance of the land, designating the appropriate official(s) who will execute the deed, and setting forth the consideration and the terms of the sale.
GUARDIANSHIP
R1GUA We have been advised that is mentally incompetent. The Company requires that a guardian be appointed under the jurisdiction of a South Carolina Probate Court, together with an Order of the Court authorizing the sale of the land pursuant to the contract between and dated _____. The Company reserves the right to make such additional requirements as it may deem necessary upon review of said proceedings. R1GDN We have been advised that _____ is mentally incompetent, a minor, or otherwise lacks the capacity to convey the land described in Schedule A. The Company requires that a guardian be appointed under the jurisdiction of a South Carolina Probate Court, together with an Order of the Court authorizing the sale of the land pursuant to the contract between _____ and _____ dated _____. The Company reserves the right to make such additional requirements as it may deem necessary upon review of said proceedings.
HOMEOWNERS ASSOCIATIONS
R1HA1 Proof of payment of any Homeowners Association liens and/or assessments.
R1HA2 A Subordination Agreement from the Homeowners Association of its lien for assessments, subordinating such rights to the mortgage to the proposed insured.
R1HA3 Certificate of Approval from the Homeowners Association pursuant to the Declaration.
R1HA4 Certificate of Approval from the Homeowners Association pursuant to the Master Deed.
R1HA5 Release in recordable form, by the _____ Association, of this transaction is required.
INDEMNIFICATION
R1IND Execution and Approval by State Office of Indemnity Agreement insuring against loss by reason of “potential adverse claim” as defined in said Indemnity Agreement.
JUDGMENTS
R1J1 Satisfaction of or proof by affidavit referring to the land, that the following matters are against some person other than the in the chain of title to the land:
1.
R1J2C Payment, Satisfaction, and Cancellation of Record of that certain Judgment in favor of , against , recorded , in the Office of the Clerk of Court for County in Judgment Roll No. .
R1J3 Satisfaction of the following judgments:
1.
R1J4 In the alternative, we will require certified copies of the Petition in Bankruptcy, the Schedule of Liabilities showing said judgments, and the Discharge of the Debtor, in Case No. , in re . In addition thereto, we will require a copy of the Order issued under 11 USC Section 522 (f), proof of notice to the holders of said judgments, proof that said judgments are not debts which are excepted from discharge by 11 USC Section 523, or proof that the assets used to purchase the land were exempted in or acquired subsequent to said bankruptcy proceedings.
R1J5C Payment, Satisfaction, and Cancellation of Record of Judgment in favor of against , dated , recorded , in the Office of the Clerk of Court for County in Judgment Roll No. , or proof that is not the same person against whom said judgment was filed.
R1J6 The following judgment(s) against the borrower appear(s) of record and, unless satisfied of record prior to the issuance of the policy, or unless proof is obtained that _____ is not the same person against whom said judgment(s) was/were filed, the judgment(s) will be shown as subordinate matters on Schedule B, Part II, of the policy based upon the insured loan being a purchase money mortgage:
R1J7C Satisfaction of judgment in favor of _____ against _____, dated _____, recorded _____, in the Office of the Clerk of Court for ____ County in Book _____, or proof that _____ is not the same person against whom said judgment was filed.
R1J8C Judgment in favor of _____ against _____, dated _____, recorded _____, in the Office of the Clerk of Court for _____ County in Judgment Roll No. _____.
LEASES
RECORDATION OF LEASE
R1L1C/ Obtain and record in the Office of the Clerk of Court/RMC/Register of R1L1R/ Deeds of County, South Carolina, the lease creating the leasehold R1L1D estate described in Schedule A. Note: If a memorandum or "short form" lease is recorded, an executed copy of the entire lease must be furnished to the Company for review. The Company reserves the right to make such additional requirements as it may deem necessary.
AFFIDAVIT RE: RECORDED LEASE
R1L2C/ As to the Lease creating the leasehold interest dated , recorded , in R1L2R/ the Office of the Clerk of Court/RMC/Register of Deeds for County in R1L2D Book , at Page , the Company requires an affidavit from the lessor or his successors and/or assigns, stating that there has been no default in the payment of rent; that there are no defaults under any other covenants of the lease to be performed by the lessee; that there are no charges which the lessor or his successors and/or assigns claim to be additional liens upon the leasehold estate; and that the lease is in full force and effect and that there are no amendments thereto, other than as specifically stated or attached.
GENERAL
R1L3C/ Affidavit executed by Lessor that lease recorded in the Office of the Clerk R1L3R/ of Court/RMC/Register of Deeds for _____ County has not been assigned, R1L3D altered, modified or amended; that said lease is in full force and effect and that no default now exists in relation thereto.
R1L4 Execution, delivery and recording of a lease from _____ to _____ conveying a leasehold estate in the land.
R1L5C/ Execution, delivery and recording of Assignment of Lessee’s Interest in R1L5R/ Lease from _____ to _____, assigning all of their right, title and interest in R1L5D and to that certain Lease recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in Book _____, Page _____.
R1L6 The Company requires a Subordination Agreement from _____ of its lien for recreational lease payments, subordinating such rights to the mortgage to the proposed insured.
R1L7C/ As to the Lease creating the leasehold interest dated _____, recorded _____,
R1L7R/ in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County
R1L7D in _____ Book _____, Page _____, the Company requires an affidavit from the lessor or his successors and/or assigns, stating that there has been no default in the payment of rent; that there are no defaults under any other covenants of the lease to be performed by the lessee; that there are no charges which the lessor or his successors and/or assigns claim to be additional liens upon the leasehold estate; and that the lease is in full force and effect and that there are no undisclosed amendments thereto.
LIENS
R1LN1 Proof of payment of any municipal liens and/or assessments.
R1LNC/ Release of Lien in favor of _____ against _____, dated _____, recorded _____ in R1LNR/ the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in R1LND _____ Book _____, Page _____, or proof that _____ is not the same person against whom said Lien was filed.
LIMITED LIABILITY COMPANIES/PARTNERSHIPS
R1LC1 Proof satisfactory to this company of formation of a limited liability company.
R1LC2 We must be furnished with a stamped copy of the Articles of Organization as filed with the Secretary of State indicating formation of the limited liability company prior to the taking of title by the limited liability company.
R1LC3 Proof of good standing as of the date of execution of the Deed from the state of origin and proof of authority of the executing party.
R1LC4 Proof satisfactory to this company of formation of a limited liability partnership.
R1LC5 We must be furnished with a stamped copy of the Registered Limited Liability Partnership Form as filed with the Secretary of State indicating formation of the limited liability partnership prior to the taking of title by the limited liability partnership.
R1LC6 Proof of good standing as of the date of execution of the Deed from the state of origin and proof of authority of the executing party.
For deed requirements see: Deed - Limited Liability Company or
Deed - Limited Liability Partnership
LIS PENDENS
R1LPC Dismissal with Prejudice of Case No. , and Cancellation of Lis Pendens filed in the Office of the Clerk of Court for County in Book _______, Page .
LITIGATION/DISMISSAL
R1LD1 Dismissal with prejudice of litigation captioned ____ vs. _____ (and discharge of Lis Pendens, if one exists) filed under Case No. _____, in the Office of the Clerk of Court for ______ County.
MINORS TAKING TITLE, MORTGAGING OR CONVEYING
R1MI1/ Ratification in recordable form of _____, a minor, of the (Deed/Mortgage), R1MI2/ dated _____, recorded _____, in the Office of the Clerk of Court/RMC/ R1MI3 Register of Deeds for _____ County in ____ Book _____, Page _____, (conveying/mortgaging) the land.
MOBILE HOMES
R1MH1 Proper conversion of the mobile home to real estate pursuant to §56-19-500 et seq. of the South Carolina Code of Laws 1976.
MORTGAGES
ASSUMPTIONS, PARTIAL RELEASES & SATISFACTIONS
R1M1C/ An Affidavit for our files from , which sets forth that as to the R1M1R/ Mortgage recorded in the Office of the Clerk of Court/RMC/Register of R1M1D Deeds for County in Book , Page , that during the period of time they have held title to the land, no payments have been made, nor demanded by any party pursuant to the terms of said Mortgage.
R1M2 Mortgage from to , secured by the land described in Schedule A herein.
R1M2C Mortgage from _____, a _____ corporation, to _____, encumbering the land described in Schedule A in the principal amount of $_____.
R1M3 Execution, delivery and recording of a mortgage to be executed by _____, to _____, encumbering the land described in Schedule A, securing a Note in the principal sum of $_____.
R1S1C/ Satisfaction of Mortgage from to dated , recorded , in the R1S1R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1S1D Book , Page .
R1S2C/ Satisfaction of Mortgage from to dated , recorded , in the R1S2R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1S2D Book , Page .
R1S3C/ Satisfaction of Mortgage from to dated , recorded , in the R1S3R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1S3D Book , Page .
R1SAT Satisfaction and cancellation of record of:
R1M4C/ Partial Release of Mortgage from to , dated , recorded , in the R1M4R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1M4D Book , Page .
R1M5C/ Assumption of Mortgage from , to , dated , recorded , in the R1M5R/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1M5D Book , Page .
R1M6 Purchase Money Mortgage to be executed by _____ to _____ encumbering the land, securing a Note in principal sum of $_____.
R1M7 Mortgage from _____ to _____ encumbering the land described in Schedule A in the amount of $_____.
R1M8C/ As assigned to _____ by assignment dated _____, recorded _____, in the Office R1M8R/ of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book R1M8D _____, Page _____, and further assigned to _____ by Assignment dated _____, recorded _____, in the Office of the Clerk of Court/RMC/Register of Deeds in _____ Book _____, Page _____.
R1MDT NOTE: MORTGAGE CONTAINS DUE ON TRANSFER CLAUSE
R1ML1 Evidence satisfactory to the Company of recordation of the mortgage to be insured prior to the filing of any lien, or claim of lien, for labor, services or material.
R1ML2 Receipt of satisfactory affidavits from the owner and general contractor, if any, evidencing completion of the improvements and payment of all bills incurred. (Form FATIC ____ may be used for this purpose.)
R1S4C/ Payment, cancellation and satisfaction of record of mortgage executed by R1S4R/ _____ in favor of _____, bearing the date of _____, recorded _____ in the Office R1S4D of the Clerk of Court/RMC/Register of Deeds for _____ County in ________ Book _____, Page _____, in the original principal sum of $_____ together with the production of the original promissory note marked “paid” (Production of note not required for institutional lenders approved by the Company).
MORTGAGES-LIMITED LIABILITY COMPANY
R1M10 Mortgage from , a Limited Liability Company, to . In connection with said mortgage, we will further require:
1. Production of a copy of the limited liability company Articles of Organization, with an affidavit affixed thereto that it is a true copy of the limited liability company Articles of Organization and all amendments thereto, that no new members have been admitted, that no member have assigned their interest, died or been adjudicated incompetent or bankrupt or dissociation, and that the limited liability company has not been dissolved.
2. That said mortgage be executed by any one member unless said limited liability company is a manager run company. In that event, we will require evidence of the authority of the manager to execute the mortgage.
3. Should any member be other than a natural person, we will require proof of good standing as well as documentation of authority to execute on its behalf.
4. The Limited Liability Company must have been formed as of _______________.
5. Evidence of the filing of the Articles of Organization with the Secretary of State.
6. Proof by Affidavit that the land does not constitute all or substantially all of the Limited Liability Company’s real property, or if it does so constitute, then proof of a consenting vote of the proposed mortgage by all the limited liability partners, if required in the Limited Liability Company Articles of Organization.
MORTGAGES-LIMITED LIABILITY PARTNERSHIPS
R1M11 Mortgage from , a Limited Liability Partnership, to . In connection with said mortgage, we will further require:
1. Production of a copy of the limited liability partnership agreement, with an affidavit affixed thereto that it is a true copy of the limited liability partnership agreement and all amendments thereto, that no new partners have been admitted, that no partners have assigned their interest, died or been adjudicated incompetent or bankrupt, and that the partnership has not been dissolved.
2. That said mortgage be executed by all of the partners unless said limited liability partnership agreement shows no limitation on the authority of one partner to execute a mortgage.
3. Should any partner be other than a natural person, we will require proof of good standing as well as documentation of authority to execute on its behalf.
4. The Limited Liability Partnership must have been formed as of _______________.
5. Evidence of continued registration and good standing from South Carolina Secretary of State.
6. Proof by Affidavit that the land does not constitute all or substantially all of the Limited Liability Partnership’s real property, or if it does so constitute, then proof of a consenting vote of the proposed mortgage by all the limited liability partners, if required in the Limited Liability Partnership Agreement.
MORTGAGE-TRUSTEE
R1D9C/ Mortgage from , as Trustee under Trust Agreement ____, dated ,
R1D9R/ recorded ____, in the Office of the Clerk of Court/RMC/Register of Deeds
R1D9D for County in Book ____, Page ____, as amended by instrument dated , recorded , in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page _____, to _____.
PARTNERSHIPS
R1P2 Submission of Partnership Agreement of , together with all amendments thereto, if any, for review by the Company; together with an Affidavit in recordable form from one of the partners stating that it is a true copy, that said Partnership is in full force and effect, and that there have been no further amendments to the Agreement. This Commitment is subject to further requirements as the Company may deem necessary, including satisfactory evidence that all requirements regarding conveying or mortgaging Partnership land contained in the Partnership Agreement have been complied with.
R1P3C/ Satisfactory evidence that all requirements regarding conveying and/or R1P3R/ mortgaging Partnership land contained in the Partnership Agreement of R1P3D recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , have been complied with.
R1P4S Evidence satisfactory to the Company that all partnerships which are parties to the transaction are valid and subsisting under the laws of their respective domiciliary states, and that all necessary consents, resolutions, notices and partnership actions required under applicable law or partnership agreements (including, without limitation, filings required by Section 33-42-210, 33-42-300 or 33-42-1620 of the South Carolina Code of Laws, 1976, as amended) have been conducted, given or properly waived, such that the actions by the partnerships, acting through their duly constituted representatives, are valid and binding acts of said partnerships. (NOTE: Opinions of Counsel for the respective partnerships, in form and substance satisfactory to the Company, may be used to satisfy this requirement.)
For deeds from partnerships see Deeds
GENERAL PARTNERSHIPS
R1GP1 Submission of Partnership Agreement of _____, together with all amendments thereto, if any, for review by the Company; together with an Affidavit in recordable form from one of the partners listing the names of all partners, stating that it is a true and complete copy, that said partnership is in full force and effect, that said partner is authorized to bind the partnership, and that there have been no amendments or no further amendments to the Agreement. This Commitment is subject to further requirements as the Company may deem necessary, including satisfactory evidence that all requirements regarding conveying or mortgaging partnership land contained in the Partnership Agreement have been complied with.
R1GPC/ Satisfactory evidence that all requirements regarding conveying and/or R1GPR/ mortgaging partnership land contained in the Partnership Agreement of R1GPD _____ recorded in the Office of the Clerk of Court/RMC/Register of Deeds for ____ County in _____ Book _____, Page _____ have been complied with.
For deeds from general partnerships see Deeds.
LIMITED PARTNERSHIPS
R1P1 Proof that said Limited Partnership has a current Certificate of Limited Partnership to do business, as required by law.
R1P4 Submission of a copy of Limited Partnership Agreement of _____, a _____ Limited Partnership, together with all amendments thereto, if any, for review by the company, together with an affidavit acceptable to the Company stating that the submitted Limited Partnership Agreement is a true and complete copy of the original (and all amendments thereto). The Company reserves the right to make such additional requirements as it may deem necessary.
R1P5 Filing of an affidavit containing the name of the limited partnership, the place or places where the partnership’s certificate of limited partnership is filed, and the name or names of the general partners who are authorized to sign documents relating to the land on behalf of the partnership in the office of the county where the index to deeds for the land is located. The affidavit required by this section must be recorded and indexed in the name of the partnership in both the grantor and grantee indices for deeds.
For deeds from limited partnerships see Deeds.
QUIET TITLE SUITS
R1QT1 Completion of a suit to quiet title, brought before a court of competent jurisdiction, naming as parties defendant (and acquiring jurisdiction over said defendants satisfactory to insurer herein) all those with actual or potential claims or interests in and to the land, said suit to terminate with an order of the court adjudging title to the land to be vested in _____. All applicable appeal periods must have expired without the filing of an appeal. The Company reserves the right to make additional requirements upon review of the suit to quiet title.
RELEASES (MISC)
R1REC/ Release of the land from that certain filed by , on , in the R1RER/ Office of the Clerk of Court/RMC/Register of Deeds for County in R1RED Book , Page .
R1RE1/ Partial Release of Mortgage, releasing the land to be insured from R1RE2/ encumbrance of the mortgage to _____, recorded _____ in the Office of the R1REE Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____, together with proof of possession of the original promissory note by the releasing party (proof of possession of the original promissory note not required for institutional lenders approved by the Company).
R1RE3/ Release of _____, in favor of _____, recorded in the Office of the Clerk of R1RE4/ Court/RMC/Register of Deeds for _____ County in ________ Book ______, Page R1REF _____.
R1RE5/ Partial release of _____, in favor of _____, recorded in the Office of the Clerk R1RE6/ of Court/RMC/Register of Deeds for _____ County in _______ Book _____, R1REG Page _____.
ROAD ACCESS (LACK OF)
R1RAC We find no public street established of record abutting the land in question, nor do we find of record any instrument creating an easement connecting the land to any such street, and therefore, our title insurance policy will contain the following exception:
"The lack of a right of access to and from the land."
R1RA1 Satisfactory evidence must be submitted that the roadway has been used and maintained by the State, County or City for any consecutive seven year period.
STANDARD EXCEPTIONS - DELETION
R1SE1 Standard Exception(s) _____ will be deleted from the (Owner’s/Loan) Policy.
OWNERS POLICY
R1SE2 Note: Items 1, 2, 3, 4 and 6 will be deleted upon compliance with gap coverage procedures and requirements to obtain survey, owner’s possession and lien affidavit, and proof of payment of all recorded and unrecorded taxes and special assessments. The Company reserves the right to add additional requirements to the commitment or exceptions to the policy of title insurance based upon the information disclosed in any title update, owner’s affidavit, and/or any survey of the land which is submitted to the Company or its issuing agent at or prior to closing.
STREET ABANDONMENT
R1ST1 Proper abandonment of the street or alley adjoining the land in accordance with South Carolina statutes .
R1ST2 Proof that the land including the area consisting of the vacated street has been assessed for real estate taxes since the abandonment proceedings.
R1ST3 Proper vacation of the street or alley adjoining the land in accordance with South Carolina statutes and/or charter of the City of _____.
R1ST4 Proof that the land including the area consisting of the vacated street has been assessed for ad valorem taxes since the vacating proceedings.
SURVEYS
R1SU1 Survey prepared by a South Carolina registered land surveyor; dated no more than 90 days prior to the closing date of the subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Code of Laws. The Company reserves the right to make such additional requirements as it may deem necessary.
R1SU2 Survey prepared by a South Carolina registered land surveyor; dated no more than 90 days prior to the closing date of the subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Code of Laws. The Company reserves the right to make such additional requirements and/or to modify the legal description (shown on Schedule A, Item 5 hereinabove) as it may deem necessary.
R1SU3 A current ALTA survey prepared by a South Carolina registered land surveyor. The Company reserves the right to make such additional requirements as it may deem necessary.
R1SUC/ Recording of a ____________________, showing that the Plat entitled “_____” is R1SUR/ recorded in Plat Book _____, Page _____ of said Office of the Clerk of Court/ R1SUD RMC/Register of Deeds, and that there is no Plat entitled “_____” recorded in Plat Book _____, Page _____. (Reason: The recorded Plat in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in Book _____, Page _____, incorrectly states the _____ of the Plat.)
R1SU4 Survey prepared by a South Carolina registered land surveyor, dated no more than 90 days prior to the closing date of subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Statutes or in _____. The Company reserves the right to make such additional requirements as it may deem necessary.
R1SU5 Survey prepared by a South Carolina registered land surveyor, dated no more than 90 days prior to the closing date of subject transaction; certified to the proposed insured(s), WFG National Title Insurance Company, and all other parties in interest; meeting the minimum standards for all land surveys as set forth in South Carolina Statutes or in _____. The Company reserves the right to make such additional requirements as it may deem necessary.
TAX LIENS
R1T1C/ Release of the land from Federal Tax Lien(s) against , recorded , R1T1R/ in the Office of the Clerk of Court/RMC/Register of Deeds for County R1T1D in Book , Page .
R1T2C/ Release of the land from South Carolina Tax Lien(s) against , recorded R1T2R/ , in the Office of the Clerk of Court/RMC/Register of Deeds for R1T2D County in Book , Page .
R1T3C/ Release of the following Federal Tax Lien(s), or proof by Affidavit referring R1T3R/ to the land and to the Affiant's Social Security number, that they are R1T3D against some person other than the in the chain of title to the land:
1. Federal Tax Lien recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book at Page .
R1T4C/ Release of Federal Tax Lien against , recorded , in the Office of the R1T4R/ Clerk of Court/RMC/Register of Deeds for County in Book , R1T4D Page .
R1T5C/ Release of Federal Tax Lien against , recorded , in the Office of the R1T5R/ Clerk of Court/RMC/Register of Deeds for County in Book , R1T5D Page , or proof that is not the same person against whom said Tax Lien was filed.
R1T6C/ Notice of State Tax Lien recorded _____ in the Office of the Clerk of Court/ R1T6R/ RMC/Register of Deeds for _____ County in Book _____, Page _____ against R1T6D _____, for a total amount of $_____. This Notice of State Tax Lien appears to be against the party in our chain of title and must be discharged and canceled of record.
R1T7C/ Notice of State Tax Lien recorded _____ in the Office of the Clerk of Court/ R1T7R/ RMC/Register of Deeds for _____ County in Book _____, Page ____ against R1T7D _____, for a total amount of $_____. Proof is required to show that the Notice of State Tax Lien is not against the party in our chain of title.
TAXES
ESTATE
R1TES In connection with the Estate of , release of the land from the lien of South Carolina and Federal Estate Taxes.
R1TE1 Receipt of release or discharge evidencing that the estate of _____ is not subject to Federal Estate Taxes. REAL ESTATE
R1T1 Proof of payment of the _____ Real Estate Taxes.
R1T2 Proof of payment of City of municipal liens and assessments, if any.
R1T3 Proof of payment of taxes and assessments for the year of _____.
R1T4 Redemption of Tax Sale Certificate No. _____, sale of _____ for _____ unpaid taxes.
TO BE DETERMINED
R1NI1 The actual value of the estate or interest to be insured must be disclosed to the Company and, subject to approval by the Company, entered as the amount of the Policy to be issued. Until the amount of the policy to be issued shall be determined and entered as aforesaid, it is agreed by and between the Company, the applicant for this Commitment, and every person relying on this Commitment, that the Company cannot be required to approve any such evaluation in excess of $1,000, and the total liability of the Company on account of this Commitment shall not exceed said amount.
R1NI2 The Company is to be advised as to the identity and nature of the proposed insureds under the (Owner’s Policy/Loan Policy), and reserves the right to make such additional requirements as it may deem necessary.
R1TB1 A natural person or legal entity to be designated.
R1TB2 The Company is to be advised as to the identity, nature, and proof of existence of the proposed insured/mortgagor under the loan policy and reserves the right to make such additional requirements as it may deem necessary.
EXCEPTIONS
ACCESS
EACS1 The land abuts no road, highway, right of way or easement and access is by necessity only.
EACS2 Lack of a right of access to and from the land.
EACS3 The fact that public records do not show any legal right of access to or from the land, and, by reason thereof, the Company does not insure any right of access to and from the insured land.
ACREAGE
NO AFFIRMATIVE COVERAGE
EACR1 The amount of acreage contained in the land described herein.
EACR2 The Company insures the Insured as to the location of the boundary lines of the land, but does not insure the engineering calculations in computing the amount of acreage contained therein.
INACCURACY
EACR3 Any inaccuracy in any statement made as to the quantity of land contained within the boundaries of the land described in Schedule A.
EACR4 Any inaccuracy in any statement made on survey _____ as to the quantity of land contained within the boundaries of the land described in Schedule A.
AFFIRMATIVE COVERAGES
NOTE: THE FOLLOWING AFFIRMATIVE COVERAGES MAY ONLY BE GIVEN UPON APPROVAL OF FIRST AMERICAN STATE MANAGER OR COUNSEL.
EAF5 The Company insures against loss or damage resulting from the entry of a final decree by a court of competent jurisdiction requiring the removal or re-location of the improvement to conform to the (final decree, covenants or setback lines, etc.)
EAF6 The Company insures against loss or damage sustained by the insured, occasioned by or resulting from the entry of a final order from a court of competent jurisdiction, denying the right to maintain the improvements which constitute said encroachment.
EAF7 The Company insures against loss or damage resulting from the entry of a final decree by a court of competent jurisdiction requiring the removal of the encroachment to conform to the (final decree, covenants or setback lines, etc.).
EAF8 The Company insures against loss or damage sustained by the insured, occasioned by or resulting from the entry of a final order from a court of competent jurisdiction, denying the right to maintain the improvements which constitute said (encroachment/projection).
EAF9 The Company hereby insures the Insured against loss or damage which the insured shall sustain by reason of the forced removal of the encroachment set out in paragraph ____ of Schedule B.
NOTE: The following affirmative coverages should be added to the policy by endorsement, not by additions to Schedules A or B.
EAF10 With respect to exception _____, Schedule B, the Company insures against loss or damage which the insured may sustain by reason of said defect, provided however, that with respect to said defect the offer of any South Carolina licensed title insurance company to insure the land at its regular rates in the manner set forth above shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees that upon request of any mortgagee or vendee of the insured (or the mortgagee of such vendee) it will issue its policy containing the same affirmative coverage set forth above, but subject to the same condition.
EAF11 With respect to exception _____, Schedule B, the Company insures against loss or damage which the insured may sustain by reason of said defect, provided, however, that with respect to said defect the offer of any South Carolina licensed title insurance company to insure the land at its regular rates in the manner set forth above shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees that if reinsurance agreements satisfactory to the company are available, then upon request of any mortgagee or vendee of the insured (or the mortgagee of such vendee) it will issue its policy containing the same affirmative coverage set forth above, but subject to the same conditions.
EAF12 The Company includes insurance against loss or damage by reason of _____ (hereinafter referred to as defect). The Company also includes insurance against loss or damage by reason of unmarketability of title (as hereinafter defined) on account of said defect. With respect to said defect the offer of any title insurance company licensed to transact business in the State of South Carolina, including this Company, to insure at its regular rates the title to the land herein described in the manner herein set forth above shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees that upon request of any mortgagee or vendee of the insured, or the mortgagee of such vendee, to issue its policy containing the same affirmative coverage set forth above, but subject to the same condition.
EAF13 The Company insures against loss or damage which the Insured may sustain by reason of unmarketability of title (as hereinafter defined) on account of said defect. With respect to said defect the offer of any title insurance company licensed to transact business in the State of South Carolina, including this Company, to insure at its regular rates the title to the land herein described in the manner herein set forth above shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees that upon request of any mortgagee or vendee of the insured, or the mortgagee of such vendee, to issue its policy containing the same affirmative coverage set forth above, but subject to the same condition.
EAF14 With respect to the easement shown in Exception _____, the Company insures against loss or damage the insured may sustain by reason of the entry of a final decree of a court of competent jurisdiction authorizing the exercise of said easement in such a manner as to prevent the use of the land for the purposes of a _____.
9/17/2012
EAF15 The Company includes insurance against loss or damage by reason of _____ (hereinafter referred to as defect). The Company also includes insurance against loss or damage by reason of unmarketability of title (as hereinafter defined) on account of said defect. With respect to said defect the offer of any title insurance company licensed to transact business in the State of South Carolina, including this Company, to insure at its regular rates the title to the land herein described in the manner herein set forth above shall be conclusive evidence of the marketability of the title hereby insured. The Company agrees that if reinsurance agreements satisfactory to the company are available, then upon request of any mortgagee or vendee of the insured (or the mortgagee of such vendee) it will issue its policy containing the same affirmative coverage set forth above, but subject to the same conditions.
EAF16 With respect to the encroachment shown in Exception _____, the Company insures against loss or damage the insured may sustain by reason of the entry of a final decree of a court of competent jurisdiction authorizing the exercise of said encroachment in such a manner as to prevent the use of the land for the purposes of a _____.
OLD UNSATISFIED MORTGAGES
EAF17 The Company insures the insured against loss or damage arising out of the enforcement or attempted enforcement of the lien of said mortgage.
BUILDING LINE VIOLATIONS-COMPLETE COVERAGE
EAF1 The Company hereby insures the Insured against loss or damage which the Insured shall sustain by reason of the violation of the restriction line set out in paragraph of Schedule B.
COVERAGE AGAINST ENFORCEMENT OR ATTEMPTED ENFORCEMENT
EAF2 The Company hereby insures the Insured against loss or damage which the Insured shall sustain by reason of the enforcement or attempted enforcement of the building restriction line because of the violation thereof as set out in paragraph of Schedule B.
9/17/2012
ENFORCED REMOVAL
EAF3 The Company hereby insures the Insured against loss or damage which the Insured shall sustain by reason of the enforced removal of the existing structure because of the violation of building restriction line set out in paragraph of Schedule B.
EAF4 NOTE: THE AFFIRMATIVE COVERAGE CONTAINED HEREIN ONLY APPLIES TO THE LOAN POLICY OF TITLE INSURANCE.
AGREEMENTS
EAG1C/ Agreement by and between _____ and _____, dated _____________, recorded EAG1R/ ___________, in the Office of the Clerk of Court/RMC/Register of Deeds for EAG1D _____ County in _____ Book _____, Page _____.
AMOUNTS
MULTIPLE TRACTS
EAMT1 The terms of this policy and the amount shown in Schedule A hereof to the contrary notwithstanding, the Company is not liable for an amount greater than the amount shown below for that parcel of land and set out in Legal Description in Schedule A hereof: (List tracts and show pro rata or applicable amounts.)
EAMT2 The terms of this policy and the amount shown in Schedule A hereof to the contrary notwithstanding, the Company is not liable for an amount greater than shown below for the tracts comprising the land and set out in legal description in Schedule A hereof: (Example)
Tract A $ 60,000.00
Tract B $ 150,000.00
VARIATION IN FACE AMOUNT (As a NOTE to Schedule A-3)
EAMT3 NOTE: This policy is issued in the amount of $______ upon the representation that the value of the land conveyed by said mortgage is only $_____.
EAMT4 NOTE: This policy is issued in the amount of $______ upon the representation that the principal amount secured by said mortgage has been reduced from $_____ to $ .
EAMT5 NOTE: This policy is issued in the amount of $______ on the representation that only said sum has been advanced by the Insured on the note secured by said mortgage.
EAMT6 NOTE: This policy is issued in the amount of $______ upon the representation that the appraised value of the land described in Schedule A is only $_____. This policy insures title only to said land and not to any other land described or referred to in such mortgage.
EAMT7 NOTE: This policy is issued in the amount of $_____ on the representation of the insured that said amount is the present unpaid balance of the debt secured by said mortgage.
ASSESSMENTS
MUNICIPAL ASSESSMENTS
EASMU Any pending or certified municipal liens for improvements or special assessments.
SPECIAL TAXING DISTRICT ASSESSMENTS
EAST1 Any pending or certified liens or assessments imposed by (special taxing district).
EAST2 Installments of special assessments for (paving, sidewalk, etc.) due subsequent to (insert due date of last installment paid).
EAST3 Lien for (street paving) as created by Ordinance for which no assessment has been made.
BEACHES, BEACH MANAGEMENT ACT
For Exceptions, see Wetlands
BUILDING RESTRICTION LINES/SETBACKS
EBSL1 A building setback line feet from as shown on the recorded plat of said subdivision and individual plat of survey dated prepared by .
EBSL2 A building setback line feet from as shown on the individual plat of survey dated prepared by .
EBSL3 A building setback line feet from as shown on the recorded plat of said subdivision.
EBSL4 Building restriction line of _____ feet as shown on the recorded plat of the subdivision which restriction has not been violated.
EBSL5 Building restriction line of _____ feet as shown on the recorded plat of the subdivision which restriction has been violated to the extent shown on the survey of _____ dated _____.
EBSL6 Building restriction line of _____ feet on (name of street) and _____ feet on (name of street) as shown on the recorded plat of the subdivision which restriction has been violated along (name of street) to the extent shown on the survey of _____ dated _____.
EBSL7 Building restriction line of _____ feet on (name of street) and _____ feet on (name of street) as shown on the recorded plat of the subdivision which restriction has not been violated.
CEMETERY
ECEM1 Rights of others in and to the cemetery located on the land and the right of ingress and egress thereto.
ECEM2 Rights of others in and to any family burial grounds, cemeteries or other places of interment located on the land and the right of ingress and egress thereto.
ECEM3 Any dedication of the land, or part thereof, for cemetery or burial purposes, and public or private rights created thereby. All conveyances, whether recorded or unrecorded, of grave lots, tracts or spaces, or easement therein, and all terms and provisions, including but not limited to those pertaining to maintenance, perpetual care or other trust obligations, contained in such conveyances, or other cemetery related instruments. All outstanding burial rights, whether evidenced of record or not. All dedications of streets, roads and ways within said land. Rights of ingress and egress to and from grave lots, tracts or spaces within said land, however created.
ECEM4 That portion of the land situated within the bounds of the (cemetery, burial ground, grave etc.) (reserved, referred to, shown etc.) (in or by) (deed, plat, survey etc.) (recording or survey information).
ECEM5 Rights of ingress and egress to the (cemetery, burial ground, grave etc.) (reserved, referred to, shown etc.) (in or by) (deed, plat, survey etc.) (recording or survey information).
CO-OWNERS OF RECORD
PARTIAL INTEREST/RIGHTS
ECOR1 Rights of (co-owner) as co-owner of record of an undivided (1/2, 1/3, 1/4) interest in the land described in Schedule A.
ECOR2 Rights of (co-owner) as co-owner of record of an undivided interest in the land described in Schedule A. CONDOMINIUMS
ECD1C/ Covenants, conditions, restrictions, reservations, easements, liens for ECD1R/ assessments, options, powers of attorney and limitations created by the ECD1D South Carolina Horizontal Property Act provisions Section 27-32-10 et seq. South Carolina Code of Laws, 1976, as amended, or set forth in the Master Deed for Horizontal Property Regime, dated , and recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page ; in the related by-laws; in any instrument creating the estate or interest insured by this policy; and in any other related instrument referred to in any of the instruments aforesaid.
ECD2C/ Terms, provisions, restrictive covenants, conditions, reservations and ECD2R/ easements contained in Master Deed of Horizontal Property Regime ECD2D dated and recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page .
ECD3 Loss by reason of a lack, or alleged lack, of priority of the insured mortgage over any lien for unpaid condominium assessments accruing subsequent to the date of this policy. This exception supersedes any contrary insurance, whether directly, or through guaranteed assurance, provided under any ALTA 4 Condominium Endorsement, ALTA 5 PUD Endorsement or _______ Endorsement attached hereto. (Loan Policy only.)
ECD4 The Company does not insure title to or guarantee any interest in the recreational lease as being part of the condominium unit, notwithstanding the terms and conditions of the Master Deed.
CONSTRUCTION LOANS
TEMPORARY LIMITATIONS
ECLTL The Company shall be liable only for such loss or damage insured against by this policy which is actually sustained by the Insured and reported to the Company as provided in Conditions and Stipulations on or before two years after the recording of the mortgage described in Schedule A. Upon written request and payment to the Company of the Scheduled Mortgage Policy charge prior to the expiration of said period, the term limitation may be deleted from this Policy.
COMPLETION
ECLC1 The Company does not guarantee the completion of improvements, their compliance with building plans and specifications, nor the sufficiency of funds for completion thereof.
CREDITORS’ RIGHTS
ECR Consequences of attack on the estate insured herein under any creditors’ rights law, state insolvency law, or federal bankruptcy law.
ECR1 Any claim which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws.
ECR2 Any claim which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of the federal bankruptcy, state insolvency, or similar creditors’ rights laws.
PRIOR TRANSACTIONS
ECR3C/ Any claim which arises out of the transaction recorded at the Office of the ECR3R/ Clerk of Court/RMC/Register of Deeds for _____ County in ____ Book _____, ECR3D Page _____, by reason of the operation of federal bankruptcy, state insolvency or similar creditors’ rights laws.
OWNERS
ECR4 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument or transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
LOAN
ECR5 Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
DITCHES
ED1TC/ Right of others in and to the use of the ditch(es) as shown on that Plat ED1TR/ prepared by _____, dated _____, to be recorded in the Office of the Clerk of ED1TD Court/RMC/Register of Deeds for _____ County, South Carolina.
EDT1C/ Right of others in and to the use of the ditch(es) as shown on that Plat EDT1R/ recorded in the Office of the Clerk of Court/RMC/Register of Deeds for EDT1D _____ County, South Carolina in Plat Book _____, Page _____.
EDT2C/ Right of others in and to the use of the ditch(es) as shown on that Plat EDT2R/ prepared by _____, dated _____, in the Office of the Clerk of EDT2D Court/RMC/Register of Deeds for _____ County, South Carolina in Plat Book ____, Page _____.
EDT3 Rights of others in and to the use of any drains and/or ditches located over, across, in or under the land and rights to enter upon the land to maintain the same.
EDT4 Rights of others in and to the use of the drain(s), ditch(es) and/or canal(s) affecting the land, together with rights to enter upon said land to maintain same.
DRIVEWAY (Joint)
EDRVW Rights of adjoining owner in and to the (asphalt, joint dirt, shell, etc.) driveway along the (north, south, etc.) line of land serving both the land described in Schedule A and the land adjoining on the (north, south, etc.).
EDRV1 Rights of the adjoining landowner located on the (north, south, etc.) to use as a (drive, garage, etc.) the (common improvement) in common erected partly upon the land described in Schedule A and partly upon the land adjoining on the (north, south, etc.)
EASEMENTS EASEMENT/IMPLIED OR STATUTORY FOR INGRESS/EGRESS
EEA2C/ Easement over the land described in Schedule A in favor of the ownership EEA2R/ of , resulting from the fact that the became landlocked by EEA2D virtue of the conveyance from to , dated _____ and recorded ____, in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book ____, Page .
EASEMENT RIGHTS (IF INSURING AN EASEMENT)
EEA3 Concurrent rights of others to use the easement described in Schedule A.
GENERAL
EEA4C/ Easement granted to by instrument dated , recorded , in the EEA4R/ Office of the Clerk of Court/RMC/Register of Deeds for County in EEA4D Book , Page .
EEA5C/ Easement to , recorded , in the Office of the Clerk of Court/ EEA5R/ RMC/Register of Deeds for County in Book , at EEA5D Page .
SHOWN ON PLAT
EEA1C/ All matters as shown in Plat, prepared by and recorded in the Office of EEA1R/ the Clerk of Court/RMC/Register of Deeds for County in Plat Book EEA1D , Page .
EEA6C/ as set out on the Plat of recorded in Plat Book , Page EEA6R/ , in the Office of the Clerk of Court/RMC/Register of Deeds for EEA6D County.
EEA8C/ A foot easement for and incidental purposes as shown on the EEA8R/ individual plat of survey dated , prepared by , and recorded in the EEA8D/ Clerk of Court/RMC/Register of Deeds for County in Book , Page .
EEA9C/ Restrictions and easements contained in Plat, prepared by and recorded in EEA9R/ the Office of the Clerk of Court/RMC/Register of Deeds for County in EEA9D Plat Book , Page ____.
EEA23 Easement for _____ along the (north, south, etc.) boundary line of the insured land as shown on plat of survey by _____ dated _____.
INGRESS/EGRESS
EEA7C/ Rights of adjoining property owners, invitees and agents in and to the use EEA7R/ of that certain Easement for ingress and egress reserved over and across EEA7D the (north, south, etc.) feet of the land described in Schedule A, as set forth in that certain recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page . RESERVATIONS
EEA10 Reservation of easements over rear feet of the land for utility installation, drainage and maintenance thereof.
EEA11 Reservation of easements over and rear feet of the land for utility installation, drainage and maintenance thereof.
EEA12 Reservation of easements over and rear feet of the land for utility installation and maintenance.
EEA13 Reservation of easements over rear feet of the land for utility installation and maintenance.
EEA16 Reservation of easements over feet of the land for utility installation, drainage and maintenance thereof.
EEA17 Reservation of easements over feet of the land for utility installation and maintenance.
EEA21/ Reservation of easement for the purpose of _____, as contained in EEA22/ aforesaid restrictive covenants recorded in _____ Book _____, at Page _____, EEA2A in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County.
VACATED STREET AND ALLEYS (EASEMENT)
EEA14 Utility easement in the vacated herein described, reserved in the ordinance vacating same.
EEA15 Rights of the public generally in and to the use of that portion of the land used for (sidewalk, street, alley, etc.) purposes.
BENEFIT EASEMENT
EEA18/ Easement for the benefit of the above-described land as created by EEA19/ instrument dated ______, recorded _____, in the Office of the Clerk of Court/ EEA24 RMC/Register of Deeds for _____ County in Book _____, Page _____, over the following land:
EEA20 Reservation of easements as contained in the restrictions recorded at Book _____, Page _____.
ENCROACHMENTS
EENC1 Encroachment upon the land by (building, dwelling, garage) located on land adjoining the land described in Schedule A on the (north, south, etc.).
EENC2 Encroachment of the (residence, garage, etc.) located on the land described in Schedule A upon the adjoining land on the (north, south, etc.).
EENC3 Encroachment of eaves of (residence, garage, etc.) appurtenant to the land described in Schedule A upon the land on the (north, south, etc.).
EENC4 Rights of the owner(s) of the land adjoining on the (north, south, etc.) in and to that portion of the land lying between the fence on the (north, south, etc.) and the (north, south, etc.) property line.
EENC5 Rights of adjoining land owners arising by reason of the fact that the fences on the (land or the adjoining land) do not follow the land lines, as disclosed by plat of survey made by , Surveyor, dated .
EENC6 Encroachment of the (fence, shed, etc.) located on the land over and across the (number of feet, etc.) foot utility easement along the (side, rear, etc.) land line.
EENC7 Encroachment upon easement set out in paragraph ____ above by (description of encroachment), as disclosed by survey _________.
EENC8 That by _____, said (encroachment/projection, etc.) is permitted subject to the terms and conditions of said _____.
ENDORSEMENTS
EEN1 ALTA _____ Endorsement will be attached to the (Owner’s/Loan) Policy when issued and made a part thereof.
EEN2 The policy, when issued, will include an ALTA _____ Endorsement, a specimen of which is attached hereto and made a part hereof.
EEN3 The policy, when issued, will include (a/an) _____ Endorsement.
EEN4 The policy, when issued will, include _____, specimens of which are attached hereto and made a part hereof.
EEN5 The policy, when issued, will include an ALTA Endorsement _____.
EEN6 This policy, when issued, will include ALTA Endorsements _____, copies of which are attached hereto and made a part hereof.
EEN7 The policy, when issued, will include ALTA Endorsements _____.
EEN8 The policy, when issued, will contain the following by Endorsement:
EEN9 The Policy, when issued will, upon compliance with requirements of the Company, include the following endorsements:
NOTE: INSERT 1EN3 IN SCHEDULE B-1 OF COMMITMENT
ENVIRONMENTAL PROTECTION
Whenever a recorded notice of an environmental problem or potential environmental problem other than a lien is encountered in the chain of title, in addition to raising an exception for the notice itself if appropriate, the following exception must be raised and WILL NOT BE DELETED:
EENV1/ The fact, as disclosed by that certain document or documents recorded EENV2/ _____, in _____ Book _____, Page _____ in the Office of the Clerk of Court/ EENV3 RMC/Register of Deeds for _____ County, that some violation of the environmental protection laws may have occurred which may affect the land.
EXCEPTIONS-DELETING FROM COMMITMENT
In the event an exception is included in Schedule B that excepts to an excluded matter, for instance zoning ordinances, which exclusion is discovered after delivery of the commitment, remove the exception by using one of the following to avoid any impression that we are now insuring the matter.
EEX1 Exception number __ is redundant. Said exception is a listing of matters that are excluded and should not have been in the commitment and is hereby deleted.
EEX2 Exception numbers __ are redundant. Said exceptions are a listing of matters that are excluded and should not have been in the commitment and are hereby deleted.
EXCLUSIONS FROM COVERAGE - CONDITIONS AND STIPULATIONS
In the event that permission to omit or eliminate an Exclusion or Condition & Stipulations has been obtained from State Manager or Counsel the following language is to be utilized by endorsement only.
FOR EXCLUSION
EEX3 Paragraph _________ of the Exclusions is hereby deleted.
FOR CONDITIONS AND STIPULATIONS
EEX4 Paragraph _________ of the Conditions and Stipulations is hereby deleted.
FACE AMOUNT INCREASES
NOTE: THE FOLLOWING SHOULD BE ADDED TO THE POLICY BY ENDORSEMENT, NOT BY ADDITION TO SCHEDULE A OR B.
EFACE The Company agrees that, if application is made to increase the face amount of the policy or to issue a new policy, it will issue additional title insurance policies, or increase the face amount of this policy insuring such title or interest as may then exist in the insured or the insured’s designee. The amount of insurance to be issued will not exceed the amount of the mortgage to be placed on the land nor the fair market value of the land and improvements thereon at the date of the application. In the event a claim has been made or is pending against the Company, or a defect in title has been discovered, the Company shall not be required to issue insurance for an amount greater than the face amount of this policy as to the defect discovered or resulting in said claim. Upon receipt of the application to issue a subsequent policy or increase the face amount of this policy, the Company will require the examination of the title to the current date, and will then issue it’s policy or increase the face amount of this policy, subject to such matters created, first appearing in the public records, attaching subsequent to the effective date of this policy or which have become known to either the Insured or the Company.
EFAC2 The insurance to be issued shall be subject to rules, regulations and rates in effect at the date the subsequent insurance is issued. The Company shall not be obligated to issue additional insurance coverage which would exceed the amount of the usual reinsurance retention of the Company if, after the exercise of reasonable effort, the Company is unable to obtain reinsurance or co-insurance as may be required in order for it to issue the full amount of additional insurance for which application is made. The total liability of the Company under said policy, including this endorsement, shall not exceed in the aggregate the face amount of said policy and costs which the Company is obligated to pay under the Conditions and Stipulations.
FARMLAND-AGRICULTURAL CREDIT ACT OF 1987
Farmland subject to Agricultural Credit Act of 1987 (Land Acquired by Lender through Foreclosure or Deed in Lieu). (Underwriting Bulletin SE-47.)
EFARM The right of first refusal of a prior owner of the land described in Schedule A to repurchase or lease the land in accordance with the provisions of the Agricultural Credit Act of 1987. This exception can be eliminated by submission of satisfactory evidence of the notification of the prior owner of the land of the right of first refusal to purchase or lease contained in the Agricultural Credit Act of 1987 and that the prior owner did not submit an offer to purchase or lease within 15 days after receiving the notice required by the Act.
FEDERAL TAX LIENS-THE RIGHT TO SELL
EFL1 Right of the United States of America to sell the interest of all co-tenants in order to enforce a Federal Tax Lien against any co-tenant.
FENCES
EFEN1 Right of others, if any, in and to the areas of land between the fence or fences and the record boundaries of the land, as shown on survey dated , prepared by .
EFEN2 Rights and claims of adjoining owners on the (north, south, etc.) of the land described in Schedule A as to any of the land lying between the fence line of the land and the boundary lines of the land as shown on plat of survey dated prepared by .
FORECLOSURE
AGRICULTURAL CREDIT ACT OF 1987
EFC1 The right of first refusal of a prior owner of the land described in Schedule A to repurchase or lease the land in accordance with the provisions of the Agricultural Credit Act of 1987. Note: This exception can be eliminated by submission of satisfactory evidence of the notification of the prior owner of the land of the right of first refusal to purchase or lease contained in the Agricultural Credit Act of 1987 and that the prior owner did not submit an offer to purchase or lease within 15 days after receiving the notice required by the Act.
HUD (Single Family Nonjudicial)
EHUD1 Liens and encumbrances recorded subsequent to the 45th day prior to the date originally set for foreclosure sale as to that certain foreclosure action recorded in the Office of the Clerk of Court for _____ County, in _____ Book _____, Page _____, as follows:
NOTE: This exception may be deleted if such party actually received notice of the foreclosure sale.
FURNISHINGS
EFURN The title to fixtures, furnishings, furniture, equipment, appliances and other similar items located on, attached to, or used in connection with the land described in Schedule A hereof.
HILL-BURTON ACT/HOSPITALS AND HEALTH CARE FACILITIES
EHOSP Any right of the United States to recover against the owner or the transferee of the land or any portion thereof by reason of advances of federal funds made under any federal act or statute for recovery in favor of the United States of America.
INSURING AGREEMENT
NOTE: THE FOLLOWING MAY ONLY BE GIVEN UPON APPROVAL OF FIRST AMERICAN STATE MANAGER OR COUNSEL.
FUTURE INSURANCE
EIA NOTE: Company agrees with the Insured herein that, on payment of a premium at then current regular rates, Company will issue its policy of title insurance in an amount not to exceed the amount of insurance then in effect hereunder, to a lessee, mortgagee or purchaser from the insured, subject only to defects, liens or encumbrances arising subsequent to the effective date hereof or shown in the policy to be issued under the above-referenced commitment and including the affirmative insurance set forth under item ___ on Schedule ___ hereof. The obligation of the Company hereunder is conditioned upon the presentation of an affidavit from the insured at the time that any such policy is issued stating that no natural person or legal entity has made a claim nor does the insured know of any natural person or legal entity who could make a claim adverse to the interest of the insured in the estate insured herein, and the additional condition that the Company be able to obtain reinsurance at no cost to it, for all of its risk in excess of $20,000,000.00 or such amount less than $20,000,000.00 as shall be required by law.
JUDGMENTS
EJ1 Judgment against _____, and in favor of _____, recorded in the Office of the Clerk of Court for _____ County in Judgment Roll No. _____.
LEASES
ASSIGNMENT OF RENTS & LEASES
ELE1C/ Assignment of Rents and Leases by to , dated , recorded , in ELE1R/ the Office of the Clerk of Court/RMC/Register of Deeds for County in ELE1D Book , Page .
RECREATION LEASE - CONDOMINIUM DECLARATION
ELER2 The Company does not insure title to or guarantee an interest in the recreation lease as being part of the condominium unit, notwithstanding the terms and conditions of the Master Deed.
RECORDED LEASE
ELE3C/ Terms and conditions of lease from to , dated , recorded , ELE3R/ in the Office of the Clerk of Court/RMC/Register of Deeds for County ELE3D in Book , Page , and any failure to comply with same.
RECORDED LEASE MEMORANDUM
ELE4C/ Terms and conditions of lease from to , a Memorandum of ELE4R/ which was recorded , in the Office of the Clerk of Court/RMC/Register ELE4D of Deeds for County in Book , Page , and any failure to comply with same.
ELE5C/ Terms and provisions of the lease between _____, lessor, and , lessee, ELE5R/ demising (if all of the legal in question, the word "the" may be used, if less ELE5D than all “a portion of the” may be used) land in question for a term of , as recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page .
UNRECORDED LEASE
ELE6C/ Terms and provisions of the unrecorded lease between , lessor, and , ELE6R/ lessee, demising (if all of the legal in question, the word "the" may be used, ELE6D if less than all "a portion of the" may be used) land in question for a term of , notice of which is given by the Assignment of Lease recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page .
RIGHTS OF PARTIES IN POSSESSION/UNRECORDED LEASE
ELE7 Rights of now in possession under an unrecorded lease.
ELE8 Terms and conditions of any existing unrecorded lease(s) and all rights of lessee(s) and any parties claiming through the lessee(s) under said lease(s).
ELE9 Rights of tenants in possession under unrecorded leases.
ELE10 Rights of parties in possession as tenants only.
ELE11 Rights of parties in possession under the following leases:
ELE12 Rights of parties in possession as tenants only under the following leases:
SALE-LEASE BACK - RECHARACTERIZATION
ELE13 Any loss or damage which the Insured may sustain because of any assertion that the vesting of title in the Insured is part of a loan transaction, including the assertion that the deed to the Insured and/or the lease referred to at Item , Schedule B hereof, constitutes a mortgage or other security device.
AUTOMATIC SUBORDINATION CLAUSE
NOTE: THE FOLLOWING MAY ONLY BE GIVEN UPON APPROVAL OF FIRST AMERICAN STATE MANAGER OR COUNSEL.
ELE14 Said Lease contains an automatic subordination clause in favor of the first institutional mortgagee.
LEASE-MASTER DEED
ELE15 Terms and conditions as set forth in that certain Lease contained as an exhibit within the above-referenced Master Deed and all amendments, assignments and agreements pertaining thereto.
FAILURE TO COMPLY
ELE16 Loss or damage, if any, resulting from a failure to comply with the obligations, understandings or conditions required of the parties thereto by the terms and provisions of the Lease identified in Schedule A hereof, creating the estate hereby insured.
ELE17/ Any loss or damage resulting from failure to comply with the terms and ELE18/ provisions of Lease from ____ to _____, recorded in the Office of the Clerk of ELE21 Court/RMC/Register of Deeds for _________ County in ____ Book _____, Page _____ , creating the leasehold estate conveyed by the mortgage or security instrument set forth under Schedule A.
ELE19/ Said Lease having been assigned by instrument recorded in the Office of ELE20/ the Clerk of Court/RMC/Register of Deeds for _____ County in ____ Book ELE22 _____, Page _____.
RECREATION LEASES
ELER3 The Company does not insure title to or guarantee an interest in the leasehold area as being part of the condominium unit, notwithstanding the terms and conditions of the Master Deed.
LIMITED ACCESS HIGHWAYS
ELAH1 Rights of access to (name of street, hwy., etc.) conveyed to _____ by instrument recorded in _____.
ELAH2 Rights of access to (name of street, hwy., etc.) condemned by _____ in proceedings styled (case name) (case reference number).
ELAH3 Any limitation on or denial of a right of access to (highway name) along the (north, south, etc.) boundary of the land.
ELAH4 Attention is directed to the fact that the _____ line of the land abuts Interstate Highway No. _____ which is a limited access way with rights of access limited to those points designated by the South Carolina Department of Highways and Public Transportation.
LIMITED SEARCH/EXAMINATION (APPLIES ONLY TO OWNER’S POLICY)
ELTD1 The Company insures the insured herein only as to matters arising subsequent to _____, the time of recording of the Mortgage set forth under Item _____, including, but not limited to, such matters that would result in title being vested other than as set forth under Item 2 of Schedule A herein, are excepted from coverage under this Policy.
ELTD2 The Company has issued this policy on the assumption that _____ was vested with a fee simple title to the land on _____. No liability is assumed for any loss or damage (and the Company will not pay costs, attorney’s fees or expenses) from any defect in or lien or encumbrance on the title or other matters affecting the title or the vesting prior to said date and filed in the public records prior to or subsequent to said date.
MECHANICS LIENS
EMECL Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
MINERAL RIGHTS
EMR1C/ Reservation of minerals underlying the land with mining rights and EMR1R/ privileges thereto belonging, as contained in Deed from to , EMR1D dated , recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page .
EMR2C/ Reservation of minerals and other rights in connection therewith, which EMR2R/ includes a disclaimer or release of liability for injury or damage to persons EMR2D or property as a result of the exercise of such rights, contained in instrument from _____ to _____, dated _____, recorded _____, in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ____ Book _____, Page _____.
EMR3C/ Reservation of minerals and other rights in connection therewith, EMR3R/ contained in instrument from _____ to _____ Book _____, Page _____, together EMR3D with disclaimer or release of liability to persons or property as a result of the exercise of rights in connection with the aforesaid mineral reservation contained in instrument from _____ to _____, dated _____, recorded _____, in the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page _____.
EMR4 Any mineral or mineral rights leased, granted or retained by current or prior owners.
FOR OWNER’S POLICIES ONLY
EMR5 Any mineral or mineral rights leased, granted or retained by prior owners.
MINORS TAKING TITLE, MORTGAGING OR CONVEYING
EMINR Right of to disaffirm the prior to reaching majority or thereafter.
EMIN3 Right of _____ or his/her guardian to disaffirm the _____ prior to reaching majority or thereafter.
MOBILE HOMES
Standard Mobile Home Exception used in Commitments and Policies:
EMOBH Notwithstanding the issuance of this policy for the face amount of $ , liability hereunder shall not exceed the amount of loss actually suffered by the insured. Should the mobile home be removed from the land, the face amount of the policy shall be reduced by the value of said mobile home as of the effective date of this policy, and the obligation to establish any loss shall be on the insured.
EMOB1 (If not taxed as real estate, take the following exception:)
As of the date of commitment/policy, mobile home has not been included in real estate tax bill by county tax office and insured is hereby notified it may be necessary to verify personal tax payment for future assessment.
9/17/2012 MORTGAGES
ASSUMPTION OF MORTGAGE
EASM1/ Assumption of Mortgage from _____ to _____, dated _____, recorded _____, in EASM2/ the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in EASMA ____ Book _____, Page _____.
MORTGAGE MODIFICATION
EASM3/ Said mortgage having been modified by instrument(s) recorded _____, in the EASM4/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ____ EASMB Book _____, Page _____.
GRADUATED PAYMENT MORTGAGES (SECTION 245-NATIONAL HOUSING ACT)
EM245 The liability under this Policy is limited to the actual principal amount of the indebtedness plus such amount of interest added to the principal amount of the mortgage referred to under Paragraph 3 of Schedule A, by reason of deferred interest, pursuant to Section 245 of the National Housing Act, notwithstanding the liability shown under Schedule A of this Policy.
MORTGAGE (SCHEDULE A)
EMSAC/ Mortgage from to , dated , recorded in the Office of the EMSAR/ Clerk of Court/RMC/Register of Deeds for County in Book , Page EMSAD , to secure _____.
MORTGAGE (SUBORDINATE)
EMS1C/ Mortgage from to , dated , recorded in the Office of the EMS1R/ Clerk of Court/RMC/Register of Deeds for County in Book , Page EMS1D .
EMS2C/ Mortgage in favor of _____, dated _____, and recorded _____, in the Office of EMS2R/ the Clerk of Court/RMC/Register of Deeds for _____ County in ____ Book EMS2D _____, Page _____.
EMS3C/ That certain Mortgage from _____ to _____ dated _____ and filed of record EMS3R/ ______, in the Office of the Clerk of Court/RMC/Register of Deeds for _____ EMS3D County in _____ Book _____, Page _____.
ASSIGNMENTS AND RERECORDING
If a current assignment is being insured, the Company requires that the original note be produced and endorsed to the assignee/insured.
EMS4C/ Said mortgage having been re-recorded in the Office of the Clerk of EMS4R/ Court/RMC/Register of Deeds for _____ County in ____ Book _____, Page EMS4D _____.
EMS5C/ As assigned to _____ by assignment dated _____, recorded _____, in the Office EMS5R/ of the Clerk of Court/RMC/Register of Deeds for _____ County in _____ Book EMS5D _____, Page _____, and further assigned to _____ by Assignment dated _____, recorded _____, in the Office of the Clerk of Court/RMC/Register of Deeds in _____ Book _____, Page _____.
ELTDA/ Said Mortgage having been assigned to ______, by instrument recorded in ELTDR/ the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ELTDD _____ Book _____, Page _____.
ELTDM/ Said Mortgage having been re-recorded in the Office of the Clerk of ELTDN/ Court/RMC/Register of Deeds for _____ County in _____ Book _____, Page ELTDE _____.
SECOND MORTGAGES
ELTDS The Company insures the insured herein only as to matters arising subsequent to at (A.M./P.M.), the time of recording of the Mortgage set forth under Item of Schedule B herein. All prior matters of any kind and nature, including, but not limited to, such matters that would result in the title to the land being vested other than as set forth under Item 2 of Schedule A herein, are excepted from coverage under this Policy.
OIL, GAS, MINERAL RESERVATIONS AS MODIFIED EXCEPTION
EOGMC/ Oil, gas, mineral reservations contained in Deed from _____, dated _____, EOGMR/ recorded _____, in the Office of the Clerk of Court/RMC/Register of Deeds EOGMD for _____ County in _____ Book _____, Page _____. OWNERS-ADDITIONAL EXCEPTIONS
EOPA1 The Owner's Policy proposed by this Commitment shall contain an additional exception which shall read as follows:
PARKING SPACES
EPARK Any right, title, or interest in or to any parking space(s) which may be conveyed or assigned in conjunction with the land described in Schedule A.
PARTIES IN POSSESSION
For Exceptions, please see Leases Please see also Standard Exceptions
PARTY WALLS
EPW1C/ Rights of owners of adjoining land in the party wall established by EPW1R/ Agreement recorded in the Office of the Clerk of Court/RMC/Register of EPW1D Deeds for County in Book , Page .
EPW2 Rights of owners of adjoining land in the party wall along the (north, south, etc.) line of the land, as disclosed by (survey/plat).
EPW3 The (north, south, etc.) wall of the building located on the land being situated on the (north, south, etc.) line of said land, partly on the land and partly on land adjoining on the (north, south, etc.).
EPW4C/ Rights of others in the party wall established by Agreement recorded in the EPW4R/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County in EPW4D _____ Book _____, Page _____.
EPW5 Rights of others in the party wall along the (north, south, etc.) line of the land, as disclosed by (survey/plat).
EPW6 Rights of the adjoining landowner located on the (north, south, etc.) to use as a (party wall, etc.) the _____ in common erected partly upon the land and partly upon the land adjoining on the (north, south, etc.).
PENDING DISBURSEMENTS
FOR TRANSACTIONS UNDER $ 300,000.00
EPDM1 Pending disbursement of the full proceeds of the loan secured by the insured mortgage, the Company only insures the amount actually disbursed, but, notwithstanding paragraph 8 (d) (ii) of the Conditions and Stipulations, increases as proceeds are disbursed in good faith, up to the amount of insurance stated in Schedule A.
EPDM3 Pending disbursement of the full proceeds of the loan secured by the mortgage insured, the Company only insures the amount actually disbursed, but increases as proceeds are disbursed in good faith and without knowledge of any intervening lien or interest to or for the account of the mortgagor up to the amount of the policy.
FOR TRANSACTIONS EXCEEDING $ 300,000.00
EPDM2 Pending disbursement of the full proceeds of the loan secured by the mortgage set forth in Schedule A hereof, the Company insures only to the extent of the amount actually disbursed, but increases as each disbursement is made in good faith and without knowledge of any defects in, or objections to, the title up to the face amount of the policy. At the time of each disbursement of the proceeds of the loan the title should be continued down to such time for possible liens or objections intervening between the date hereof and the date of such disbursement.
EPDM4 Pending disbursement of the full proceeds of the loan secured by the mortgage set forth under Schedule A hereof, the Company insures only to the extent of the amount actually disbursed but increases as each disbursement is made in good faith and without knowledge of any defects in or objections to the title up to the face amount of the policy. As to disbursements made after the filing and service on the insured of any statutory liens for labor material, no liability is assumed for the insured mortgage unless the Company has given written consent to said disbursement.
EPDM5 Pending disbursement of the full proceeds of the loan secured by the mortgage set forth under Schedule A hereof, the Company insures only to the extent of the amount actually disbursed, but increases as each disbursement is made in good faith and without knowledge of any defects in, or objections to, the title up to the face amount of the policy. At the time of each disbursement of the proceeds of the loan the title should be continued down to such time for possible liens or objections intervening between the date hereof and the date of such disbursement.
EPDM6 Pending disbursement of the full proceeds of the loan secured by the mortgage set forth under Schedule A hereof, the Company insures only to the extent of the amount actually disbursed, but increases as each disbursement is made in good faith and without knowledge of any defects in, or objections to, the title up to the face amount of the policy. No liability is assumed for disbursements made after the filing of the notice of the mechanics lien and service on the Insured as required by Section 29-5-90 of the South Carolina Code of Laws 1976.
PENDING IMPROVEMENTS (OWNERS)
EPOP1 Pending completion of the construction of contemplated improvements on the land being insured, coverage under this Policy is limited to the purchase price paid for the land. As improvements are completed, coverage shall increase in an amount equal to the cost of said improvements, but in no event shall liability exceed the insured amount of the Policy.
EPOP2 Liability under this policy, is presently limited to the purchase price of the land, $ , but will increase to include the actual cost of improvements erected thereon, in good faith and fully paid for, but liability under this policy shall never exceed the face amount of the policy.
EPOP3 Liability under this policy is presently limited to the purchase price of the land, $_____, but will increase to include the actual cost of improvements erected thereon, in good faith and fully paid for, not to exceed the face amount of the policy.
EPOP4 Pending such time as the additional improvements contemplated upon the insured land shall be commenced, liability under this policy will be limited to $_____, (said sum having been represented as the present value of the land); but as and when the erection of such additional improvements shall be commenced, liability under the policy shall increase, as the improvements progress, in the amount of the cost of the improvements, up to the face amount of this policy.
EPOP5 Pending such time as the improvements contemplated, or currently under construction on the land shall be completed, liability under this policy is limited to the purchase price paid for the land plus the cost of the existing improvements, liability increasing as the improvements progress, in the amount of the cost thereof, up to the face amount of the policy. PERSONAL PROPERTY
For Owners Policies only:
EPERS Title to any personal property on the land.
PLANNED UNIT DEVELOPMENT ENDORSEMENT NOTE
EPUDN NOTE: THE PLANNED UNIT DEVELOPMENT ENDORSEMENT ALTA 5 WILL BE ATTACHED TO AND MADE A PART OF THE FINAL LOAN POLICY WITHOUT DELETION. (LOAN POLICY ONLY)
POSSESSION
EPOS1 The (north, south, etc.) line(s) of the land (is/are) described as being _____ in length, whereas plat of survey made by _____, Surveyor, dated _____, shows said line(s) to be _____. The Company does not insure that the length(s) of said line(s) (is/are) any greater than as shown (on the plat/in deeds in the chain of title).
EPOS2 Rights of the owner(s) of the land adjoining on the (north, south, etc.) in and to that portion of the land lying between the fence on the (north, south, etc.) and the (north, south, etc.) land line.
EPOS3 Rights of adjoining land owners arising by reason of the fact that the fences on the (land/adjoining land) do not follow the land lines, as disclosed by plat of survey made by ____, Surveyor, dated _____.
PRO FORMA POLICIES
All Pro Forma Policies are to be labeled on every page of the policy, including the jacket, with the identifying words “Pro Forma Policy”. Also, any lines requiring signatures or countersignatures should not be left blank, but rather the words “Pro Forma Policy” should be inserted in these areas. The following language should be included within either Schedule A or B:
EPRFP “THIS IS A PRO FORMA POLICY FURNISHED TO OR ON BEHALF OF THE PARTY TO BE INSURED. IT NEITHER REFLECTS THE PRESENT STATUS OF TITLE, NOR IS IT INTENDED TO BE A COMMITMENT TO INSURE. THE INCLUSION OF ENDORSEMENTS AS PART OF THE PRO FORMA POLICY IN NO WAY EVIDENCES THE WILLINGNESS OF FIRST AMERICAN TITLE INSURANCE COMPANY TO PROVIDE ANY AFFIRMATIVE COVERAGE SHOWN THEREIN.
THERE ARE REQUIREMENTS WHICH MUST BE MET BEFORE A FINAL POLICY CAN BE ISSUED IN THE SAME FORM AS THIS PRO FORMA POLICY. A COMMITMENT TO INSURE SETTING FORTH THESE REQUIREMENTS SHOULD BE OBTAINED FROM THE COMPANY.”
RAILROADS
If a railroad siding or spur track extends into the land to be insured, as a general rule the railroad company which services the siding constructs it on the property and retains rights in the properties constituting the siding and in and to the use thereof. Also, generally these agreements do not appear of record. Therefore, if the plat of survey or other information in the file indicates that a railroad siding or spur track extends into but does not cross insured land, the following exception should be made:
ERR1 Rights of the railroad company servicing the railroad siding located on the land in and to the ties, rails and other properties constituting said railroad siding or in and to the use thereof.
If the railroad siding or spur track extends across the land so as to service other properties, then in addition to the rights of the railroad company, the rights of others using the siding should also be excepted in the following manner:
ERR2 Rights of the railroad company servicing the railroad siding located on the land in and to the ties, rails and other properties constituting said railroad siding or in and to the use thereof and also rights of others thereto entitled in and to the use thereof.
RECORDING NOTE
ERN1 NOTE: All of the recording information contained herein refers to the Public Records of _____ County, South Carolina, unless otherwise indicated. RESTRICTIONS
PLAT RESTRICTIONS
ER5C/ Restrictions, conditions, reservations, easements, and other matters shown ER5R/ on the Plat of , recorded in the Office of the Clerk of Court/RMC/ ER5D Register of Deeds for County in Plat Book , Page .
RESERVATIONS EXCEPTIONS
ERS1C/ Reservations contained in Deed from _____, dated _____, recorded _____, in ERS1R/ the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ERS1D _____ Book _____, Page _____.
ERS2C/ Said reservations having been partially released and modified by ERS2R/ instrument recorded in the Office of the Clerk of Court/RMC/Register of ERS2D Deeds for ____ County in _____ Book _____, Page _____.
ERS3C/ Said Reservations having been partially released by instrument recorded in ERS3R/ the Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ERS3D _____ Book _____, Page _____.
ERS4C/ Said reservations having been modified by instrument recorded in the ERS4R/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ERS4D _____ Book _____, Page _____.
RESTRICTIONS - COMMON SCHEME
ER2 The deeds in the chain of title to the land described in Schedule A hereof contain no restrictive covenants. Deeds purporting to convey other lots within the subdivision of which the above mentioned land is a part, however, do contain restrictive covenants. This policy is based upon examination of title to the land herein identified, and affords no insurance as to the possible effect of restrictions which may, or may not, be applicable by reason of the general plan of development of the subdivision.
ER3 The deeds in the chain of title to the land described in Schedule A hereof contain no restrictive covenants. Deeds purporting to convey other lots within the subdivision of which the above mentioned land is a part, however, do contain restrictive covenants. This policy is based upon examination of title to the land herein identified, and affords no insurance as to the possible effect of restrictions which may, or may not, be applicable by reason of the general plan of development of the subdivision, however, if said restrictions apply, this policy insures that said restrictions have not been violated and that a future violation thereof will not cause a forfeiture or reversion of title.
REVERSION SUBJECT TO LIEN CREDITORS-GUARANTEE AGAINST VIOLATION
If the restrictions have not been violated but contain a reversionary clause which clause is, by its provisions, subject to the rights of lien creditors, one of the following exceptions should be used, quoting the wording of the provision in the restrictions:
ER6C/ Restrictions appearing of record in the Office of the Clerk of Court/RMC/ ER6R/ Register of Deeds for County in Book , Page , but deleting any ER6D covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604 (c), but this policy insures that said restrictions have not been violated and that the reversionary or forfeiture clause for violation thereof is "subject to rights of lien creditors attaching prior to such violations".
ER7C/ Restrictions appearing of record in the Office of the Clerk of Court/RMC/
ER7R/ Register of Deeds for County in Book , Page , but deleting any
ER7D covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), but this policy insures that said restrictions have not been violated and that the reversionary or forfeiture clause for violation thereof is " ".
NO REVERSIONARY CLAUSE - OWNERS POLICY
ER8C/ Restrictive covenants appearing of record in the Office of the Clerk of ER8R/ Court/RMC/Register of Deeds for County in Book , Page , ER8D but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
ER9C/ Restrictive covenants appearing of record in the Office of the Clerk of ER9R/ Court/RMC/Register of Deeds for County in Book , Page , ER9D but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), but this policy insures that a violation thereof will not cause a forfeiture of title.
WITH REVERSIONARY CLAUSE - OWNERS POLICY
ER10C/ Restrictive covenants appearing of record in the Office of the Clerk of ER10R/ Court/RMC/Register of Deeds for County in Book , Page , ER10D but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), which contain a reversionary clause.
NO REVERSIONARY CLAUSE - LOAN POLICY
ER11C/ Restrictive covenants appearing of record in the Office of the Clerk of ER11R/ Court/RMC/Register of Deeds for County in Book _____, Page , ER11D but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), but this policy insures that a violation thereof will not cause a forfeiture of title.
ER12C/ Restrictive covenants appearing of record in the Office of the Clerk of ER12R/ Court/RMC/Register of Deeds for County in Book , Page , but ER12D deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), but this policy insures that said covenants have not been violated and that a future violation thereof will not cause a forfeiture or reversion of title.
ER13C/ Restrictive covenants appearing of record in the Office of the Clerk of ER13R/ Court/RMC/Register of Deeds for County in Book , Page , but ER13D deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), but this policy insures that said covenants have not been violated except (set out violation). The Company insures against loss by reason of said violation except refusal of a contract purchaser or an assignee of the mortgagee to accept title.
ER14C/ Restrictive covenants appearing of record in the Office of the Clerk of ER14R/ Court/RMC/Register of Deeds for County in Book , Page , but ER14D deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), but this policy insures that said covenants have not been violated except (set out violations), and that said violation or any future violation thereof will not cause a forfeiture or reversion of title.
NOTE: The foregoing affirmative insurance against loss or damage by reason of violations may be afforded lenders in the case of insubstantial violations only, where the covenants are not coupled with a reversionary or forfeiture clause, and the violation is within the applicable VA or FHA regulations.
WITH REVERSIONARY CLAUSE - LOAN POLICY
ER15C/ Restrictive covenants appearing of record in the Office of the Clerk of ER15R/ Court/RMC/Register of Deeds for County in Book , Page , but ER15D deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), which contain a reversionary clause, which clause, however, has been modified so that in event of a breach of the restrictive covenants it will not operate to defeat the lien of a mortgage.
ER16C/ Restrictive covenants appearing of record in the Office of the Clerk of ER16R/ Court/RMC/Register of Deeds for County in Book _____, Page , ER16D but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c), which contain a reversionary clause.
ER17C/ Restrictions and Reservations as contained in instrument recorded in the ER17R/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ER17D _____ Book _____, Page _____, less any restrictions therein which pertain to race, religion, gender, or any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
ER18C/ Declaration of Restrictions, recorded in the Office of the Clerk of Court/ ER18R/ RMC/Register of Deeds for _____ County in Book _____. Page _____, but ER18D deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
ER19C/ Restrictions and Reservations as contained in instrument recorded in the ER19R/ Office of the Clerk of Court/RMC/Register of Deeds for _____ County in ER19D Book _____, Page _____, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
ER20 Deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
RICO
The following exceptions may be used in those situations where you feel we have sufficient notice of the possibility of a governmental seizure action against the land:
NOTE: THE FOLLOWING MAY ONLY BE GIVEN UPON APPROVAL OF FIRST AMERICAN STATE MANAGER OR COUNSEL.
ERICO Any claim of right by a federal or state agency to seize the land described herein pursuant to controlled substance or racketeering laws.
ERIO1 Any claim or right to a claim, asserted or unasserted, by the United States of America and/or the State of South Carolina, to the land arising under any controlled substance, racketeering or other forfeiture law.
RIGHT OF REDEMPTION-UNITED STATES-FEDERAL TAX LIEN
EROR1 Statutory 120 day right of redemption of the United States of America pursuant to the provisions of 28 USC 2410(c).
EROR2 Statutory one year right of redemption in favor of the United States of America arising out of _____.
ROAD ACCESS (LACK OF)
ERDIP Liability, if any, for loss or damage occasioned by the lack of a right of access to and from the land.
ROADS, STREETS, ALLEYS, SIDEWALKS
ERSA1 Title to that portion of the land embraced within the bounds of roads, highways, easements and rights-of-way.
ERSA2 Title to that portion of the land embraced within the bounds of _______.
ERSA3 Rights of the public and others entitled thereto in and to the use of that portion of the land within the bounds of ____________.
ERSA4 Title to the feet of the land reserved for the widening of __________.
ERSA5 Reservation of the feet of the land for sidewalk purposes.
ERSA6 Rights of the public generally in and to the use of that portion of the land used for (sidewalk, alley, etc.)
ERSA7 Attention is directed to the fact that the (north, south, etc.) line of the land abuts Interstate Highway No. which is a limited access way with rights of access limited to those points designated by the South Carolina Department of Highways and Public Transportation.
ERSA8 Title to that portion of the land lying within the bounds of any roads or highways.
ROLL BACK TAXES
ERBT1 Ad valorem real property taxes for the current and subsequent tax years, including any penalty or interest for improper eligibility, or the loss thereof, for a given ratio of assessment provided by law, and further included additional or roll-back taxes as provided by law arising out of a change in the use of said land, and its resulting assessment ratio.
ERBT2 This Policy does not insure against any loss or damage which might arise out of roll-back taxes as contemplated under Section 12-43-220, South Carolina Code of Laws, 1976, as amended.
ERBT3 Any additional taxes, if any, owing on the land resulting from a change in use of the land from the agricultural land use classification to some other classification which would activate “roll-back taxes” under Section 12-43-220(d), South Carolina Code of Laws, 1976, as amended.
SINGLE FAMILY MORTGAGE FORECLOSURE ACT OF 1994
For Exceptions, see Foreclosure - HUD (Single Family Nonjudicial)
SOLDIERS AND SAILORS CIVIL RELIEF ACT
ESSCR Subject to the right, title and interest of _____, if any, by virtue of the failure to comply with the requirements of the Soldiers’ and Sailors’ Civil Relief Act in Case No. _____ in the Circuit Court of the ____ Judicial Circuit in and for _____ County, South Carolina.
STANDARD EXCEPTIONS
ESE1 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
ESE2 2. Any rights, interest or claims affecting the land which a correct survey would disclose and which are not shown by the public records.
ESE3 3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records.
ESE4 4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously, under water.
ESE5 5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting authority, at Date of Policy.
SURVEYS
ESUR1 Such state of facts as would be disclosed by an accurate survey and inspection of the land.
ESUR2 Such state of facts occurring subsequent to (date of Plat) as would be disclosed by an accurate survey and inspection of the land.
Where plat locates the easements of record, use the following language after setting out the easement(s), or use the following when plat discloses anything necessary to make exception to:
ESUR3 Plat of survey made by , Surveyor, dated , discloses the above easements are located as follows (or discloses the following):
ESUR4/ _____, all as shown on plat prepared for _____ by _____, dated _____, and ESUR5/ recorded _____, in Plat Book _____ at Page _____, in the Office of the Clerk of ESURD Court/RMC/Register of Deeds for _____ County.
ESUR6/ Easement over the _____ feet for _____, according to the Plat thereof, ESUR7/ recorded in the Office of the Clerk of Court/RMC/Register of Deeds for ESURE _____ County in Plat Book _____, Page _____.
TAXES
ETAX1 Taxes for the year _______ which became a lien on the lands on January 1, _______, but are not yet due and payable and subsequent years.
ETAX2 Taxes for the year _______ and all subsequent years, a lien not yet due and payable.
ETAX3 General and special taxes or assessments for ________ and subsequent years not yet due and payable.
TENANTS
For Exceptions, see Leases
TIMBER LEASES
ETL1C/ Timber lease in favor of , dated , recorded in the Office of the Clerk ETL1R/ of Court/RMC/Register of Deeds for County in Book , Page , ETL1D conveying .
UCC-FINANCING STATEMENTS
EFS1C/ UCC-1 Financing Statement naming , as secured party, and , as EFS1R/ debtor, recorded , in the Office of the Clerk of Court/RMC/Register of EFS1D Deeds for County under File No. ______.
EFSSC UCC-1 Financing Statement made by in favor of ____, recorded , under File No. , in the Office of the Secretary of State for South Carolina.
VACATED STREETS AND ALLEYS
For Exceptions, see Easements
WATER RIGHTS AND WETLANDS
EWATR Any right, title or interest of anyone whomever in any of the land below the mean high water mark or below the spring tide flood water boundary, marsh (whether salt or fresh), lagoon, man-made canal, swamp areas, or any tidal area below the mean high water mark, or the spring tide flood water boundary, or to any such areas as may be claimed by or over which jurisdiction is asserted by any local, state or national governmental entity or quasi-governmental entity. The Company does not insure riparian rights, nor does it insure title to the portion of the land which lies below the mean high water mark of rivers, creeks or ocean, nor title to any portion of the land that may be accreted as defined in the Coastal Tidelands and Wetlands Act, Section 48-39-10 et seq. of the South Carolina Code of Laws, 1976, as amended.
EWR1 Rights of the United States Government and/or the State of South Carolina arising under the United States Government's control over navigable waters and the unalienable rights of the State of South Carolina in the lands or waters of similar character as to any part of the land described in Schedule A, which may be artificially filled-in lands or lands created by avulsion in what was formerly navigable water, and any accretions thereto.
EWR2 Title to any portion of the land lying below the ordinary high-water mark of any navigable water body.
EWR2A Title to any portion of the land lying below the mean high-water mark of any navigable water body.
EWR3 Any adverse claim to any portion of the land which has been created by artificial means or has accreted to any such portion so created.
BEACH MANAGEMENT ACT/TITLE-LOAN
EBCH1 Interest created by, or limitations on use imposed by the Federal Coastal Zone Management Act or other Federal Law or regulation, or by South Carolina Code Section 48, Chapter 39, as amended, or any regulations promulgated pursuant to said State or Federal laws.
EBCH2 Coastal Counsel setback lines as set forth on that certain survey prepared for , South Carolina by dated , ______.
EBCH3 Title to that portion of the land, if any, lying below the mean high water mark of the Atlantic Ocean.
BEACH MANAGEMENT ACT/TITLE-RESIDENTIAL OWNERS
EBCH4 Interest created by, or limitations on use imposed by the Federal Coastal Zone Management Act or other Federal Law or regulation, or by South Carolina Code Section 48, Chapter 39, as amended, or any regulations promulgated pursuant to said State or Federal laws.
EWET1 Title to any portion of the land that may be accreted as defined in Section 48-39-120, South Carolina Code of Laws, 1976, as amended.
BEACHES
EWR4 The right, title, or interest, if any, of the public to use as a public beach or recreation area any part of the land described in Schedule A hereof, lying between the water abutting the land and the most inland of any of the following: (a) the natural line of vegetation; (b) the most extreme high water mark; (c) the bulkhead line; or (d) any other line which has been or which hereafter may be legally established as relating to such public use.
CANAL RIGHT OF WAY
EWR8 Right-of-way of Canal .
FRESH WATER, RIVERS, INTRACOASTAL
EWR6 Title to any part of the land lying below the ordinary high water mark of _____.
LAKE OR POND
Navigable or Possibly Navigable by Federal Standards
EWET8 Any adverse claim based upon the assertion that some portion of said land lies below the ordinary high water mark of Lake.
Not Navigable by Federal Standards
EWET9 Such rights and easements for navigation and fishery which may exist over that portion of said land lying beneath the water of ______________ Lake.
NON-TIDAL RIVER BOUNDARY, NAVIGABLE OR POSSIBLY NAVIGABLE-FEDERAL STANDARDS
EWET4 Any adverse claim based upon the assertion that:
1. Said land or any part thereof is now or at any time has been below the ordinary high water mark of the , in the event the boundary of said river has been artificially raised or is now or at any time been below the ordinary high watermark, if said river is in its natural state.
2. Some portion of the land has been created by artificial means or has accreted to such portion so created.
3. Some portion of the land has been brought within the boundaries thereof by an avulsive movement of the , or has been formed by accretion to any such portion.
OCEAN, GULF, AND BAY WATER BOUNDARIES
EWET2 Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands, or has been created by artificial means, avulsive means, or has accreted to such portion so created.
OCEANS, BAYS, INLETS, LAKES
EWR7 Title to any part of the land lying below the mean high water line of .
RECREATION RIGHTS
If inspection of land adjoining tidelands discloses adverse uses show in Schedule B:
EWET6 Any rights, interests or claims which may exist or arise by reason of the following facts shown by an inspection of said land:
a. The fact that a (road, walk, trail, path or other means) extend(s) over a portion of said land, and (is/are) used by the public for access to and from the beach.
b. The fact that portions of said land are used by the public for beach and recreational purposes.
If inspection does not disclose adverse use:
EWET7 Any rights in favor of the public which may exist on said land for access, parking, beach or recreational uses, if said land or portions thereof were at any time used by the public for such purposes.
RIPARIAN RIGHTS
EWR9 Riparian and/or littoral rights.
EWR10 Riparian rights, which are neither guaranteed nor insured.
EWR11 The nature, extent or existence of riparian rights, if any, appurtenant to the land and the riparian rights of others, as the same may affect the land are hereby excepted.
EWR12 Riparian rights and the title to any artificially filled in lands.
EWR13 Rights of upper and lower riparian owners in and to the waters of (rivers, creeks or branches) crossing or adjoining the land, and the natural flow thereof, free from diminution or pollution.
EWR14 Title to that portion of the land lying between high and low water marks of the (north, south, etc.) bank of (river or lake). If a non-navigable waterway, the rights of upper and lower riparian owners in and to said _____ are excepted.
EWR15 The right to have the waters of (name artificial body of water) maintained at present or any other level.
EWR16 Any easement in favor of Soil Conservation Service or Army Corps of Engineers arising from governmental assistance in construction of lake located on the land.
EWR17 The fact that the land appears to be filled-in and is subject to the rights of the United States of America by reason of its control over navigation and commerce, especially in time of war, for use for navigable purposes and also rights reserved to the United States of America in the permit under which the land was filled in.
EWR18 Any loss or damage resulting from flooding and/or erosion.
EWR19 Riparian rights and they are not guaranteed or insured. Title to any portion of the land lying below ordinary high water mark.
EWR20 Title to the beds or bottoms of lakes, rivers, or other bodies of water located on or within the land described in Schedule A.
EWR21 Title to any part of the land lying below the mean high water line of _____.
EWR22 Title to any part of the land lying below the ordinary high water mark of _____.
EWR23 Rights of upper and lower riparian owners in and to the continued uninterrupted flow of the waters of any creeks, streams, or branches affecting the land.
EWR24 Any adverse ownership claimed by the State of South Carolina by right of sovereignty to any portion of the land, including submerged, filled and artificially exposed lands accreted to such lands.
EWR25 This policy does not insure any portion of the land lying waterward of the ordinary high watermark of the (name of body of water).
RECREATION RIGHTS OF PUBLIC
EWR26 Any rights in favor of the public which may exist on said land if said land or portions thereof are or were at any time used by the public.
EWR27 The rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the land and the natural line of vegetation, bluff, extreme high water line or other apparent boundary line separating the publicly used area from the upland private area.
EWR28 The rights, if any, of the public to use as a public beach or recreation area any part of the land lying or formerly lying between the body of water abutting the land and the natural line of vegetation, bluff, extreme high water line or other apparent boundary line separating the publicly used area from the upland private area, or such upland private area as it may have existed prior to the construction, if any of a seawall or bulkhead thereon. ACCESS TO ADJACENT BEACH
EWR29 Any easement or claim of easement based on prescription or implied dedication for the public over the land, or any part thereof, for access to the adjoining beach or body of water for recreation purposes.
WATER BOUNDARY AS SHOWN ON SURVEY
EWR30 Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land prior to Date of Policy, and any adverse claim to all or part of the land that is at Date of Policy or was previously, under water.
TIDELANDS SOLD BY THE STATE INTO PRIVATE OWNERSHIP
EWR31 Any adverse claim based upon the assertion that any portion of the land was not tideland which was available for disposition by the State of South Carolina, or that any portion thereof has become submerged land by reason of erosion or has become upland by reason of accretion.
SWAMP AND OVERFLOWED LANDS
EWR32 Any adverse claim based upon the assertion that any portion of said land or any part thereof is now or at any time been included within a navigable river, slough, or other navigable body of water.
RIVER OR STREAM BOUNDARY, DEFINITELY NOT NAVIGABLE- FEDERAL STANDARDS
EWET5 Any adverse claim based upon the assertion that:
1. Some portion of the land has been created by artificial means, or has accreted to such portion so created.
2. Some portion of the land has been brought within the boundaries thereof by an avulsive movement of , or has been formed by accretion to any such portion.
TIDAL RIVER OR SLOUGH WATER BOUNDARY
EWET3 Any adverse claim based upon the assertion that:
1. Some portion of the land is tide or submerged land, or has been created by artificial means or has accreted to such portion so created.
2. Some portion of the land has been brought within the boundaries thereof by an avulsive movement of the or has been formed by accretion to any such portion.
TRUSTS
R1TC1/ Obtain and record in the Office of the Clerk of Court/RMC/Register of R1TR1/ Deeds for County, South Carolina, the Trust Agreement referred to in R1TD1 instrument recorded in the Office of the Clerk of Court/RMC/Register of Deeds for County in Book , Page , and any amendments thereto, together with satisfactory evidence that said Trust is in full force and effect. We reserve the right to examine said agreement and raise further requirements or exceptions in connection therewith.
R1TR2 Deed from the Trustee(s) and all beneficiaries, conveying the land to .
R1TR3 NOTE: If the terms of the Trust Agreement reveal that it is an active Trust and contains a Power of Sale in the Trustee(s), a deed from the beneficiaries will not be required.
R1TR4/ Obtain and record in the Office of the Clerk of Court/RMC/Register of R1TR5/ of Deeds for _______ County, South Carolina, the Trust Agreement referred R1TR6 to in instrument recorded in the Office of the Clerk of Court/RMC/Register of Deeds for _________ County in _______ Book _______, page ______, and any amendments thereto, together with satisfactory evidence that said Trust is in full force and effect. In the alternative a Memorandum of Trust setting forth the powers of the Trustee to sell or mortgage the land. We reserve the right to examine said agreement and raise further requirements or exceptions in connection therewith.
For deed requirements see Deeds - Trustee
UCC-1 FINANCING STATEMENT/TERMINATION
R1UCC/ Termination of UCC-1 Financing Statement naming , as secured party, R1UCR/ and , as debtor, recorded , in the Office of the Clerk of R1UCD Court/RMC/Register of Deeds for County in Book , Page .
R1U1C/ Release of Financing Statement recorded in the Office of the Clerk of R1U1R/ Court/RMC/Register of Deeds for _____ County in ______ Book _____, Page R1U1D _____.
R1U2C/ Partial Release of Financing Statement recorded in the Office of the Clerk R1U2R of Court/RMC/Register of Deeds for _____ County in ______ Book _____, R1U2D Page_____.
R1U3C/ UCC-1 Financing Statement recorded _____ in the Office of the Clerk of R1U3R/ Court/RMC/Register of Deeds for _____ County in _______ Book _____, Page R1U3D _____.
R1U4C/ Termination of UCC-1 Financing Statement naming _____, as secured party, R1U4R/ and _____, as debtor, recorded _____, in the Office of the Clerk of R1U4D Court/RMC/Register of Deeds for _____ County in _______ Book _____, Page _____.
R1U5 Payment Satisfaction and Cancellation of record of the following UCC-1 Financing Statements:
