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What is not covered by Title Insurance?

A policy of title insurance does not allow you to recover an amount greater than your actual monetary loss. Further, you
may not recover more than the amount of total insurance purchased. This means that there can be no recovery for loss
of value realized through appreciation, unless you have purchased additional insurance to increase your coverage.
Recovery is limited to original cost or money expended, and you will not have insurance for the increased value of the
land unless you obtain "increased value endorsements" to your owner policy to cover an increase in market value.

The policy of title insurance does not insure the owner against any loss or damage arising out of the refusal of any other
person to purchase the land, lease the land or lend money against the land as security (called "market ability"). The
policy also does not insure that you will be able to use the land for each and every use you might intend or that you will
receive any particular level of profit due to your ownership of the property. It should be noted that in states other than
Texas, title insurance can be purchased which will guarantee that the land is marketable, but this guarantee is not
afforded in Texas.

The policy does not insure against the rights of a government with respect to condemnation or eminent domain, unless
notice of such rights appear in the public records prior to the date of the insurance.

No insurance is afforded with respect to the consequences of any law, ordinance or governmental regulation,

No insurance is granted against matters created after the date of insurance or against matters known to you AND NOT
DISCLOSED to the title insurance company or title insurance agent.

The cost of defending title, including court costs, attorney’s fees and the like, and/or the cost of securing and curing title,
including court costs, attorney’s fees and the like, are all paid by the title insurance company and such payments are not
deducted from the amount of coverage afforded by the policy.

These questions and answers are to serve as a guide only and are not intended to be legal guidance for your needs.
The information provided here-in is for educational purposes only and we recommend you speak with a representative
of Marathon Title Co. for more specific guidance and answers.

  "For the last several years , we have closed an average of 2,000 apartment unitsper year through Marathon Title. The transactions are complicated and involve multiple parties. Marathon has handled our needs on these deals promptly and in a first-class manner. Our lenders and equity partners have expressed willingness to go back through Marathon again and again.”
- Walter Embrey
Managing Partner - Embrey Partners
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