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<regulation prefix="Regulation" num=".10" citation="COMAR 05.06.01.10" title_num="05" subtitle_num="06" chapter_num="01" heading="Environmental and Insurance Requirements.">
  <paragraph num="A.">
    <text>Environmental Review.</text>
    <paragraph num="(1)">
      <text>Each loan to be insured by the Fund shall comply with applicable local, State, and federal environmental laws and regulations.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A lender may be required, at the discretion of the Fund, to have a borrower conduct a screening of the proposed site for environmental conditions, such as man-made hazards, stormwater runoff, underground storage tanks, lead-based paint, radon gas, PCBs, asbestos, or other environmental hazards within the meaning of the environmental laws referred to in this section.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the initial screening indicates adverse or potentially adverse environmental conditions, the Fund may require a more detailed physical investigation, review of historic records, testing and treatment, or abatement of the environmental condition as a requirement of the mortgage insurance.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Fund may require the borrower to certify to it that no hazardous environmental conditions are present on the property, in addition to the screening required by this section.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Title Insurance.</text>
    <paragraph num="(1)">
      <text>The borrower shall provide to the insured lender a standard American Land Title Association Loan Policy — 1970, as amended, for an amount equal to the maximum principal amount of the loan, insuring the lender and the Fund that title to the building and the real property on which the building is located on the date of the loan closing is vested in the borrower, and containing only exceptions and encumbrances approved by the insured lender and the Fund.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The title policy shall include American Land Title Association endorsement form 100, comprehensive coverage, and American Land Title Association endorsement form 8.1, environmental coverage, and such other endorsements as may be required by the insured lender and the Fund.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The title insurance policy shall be accompanied by a survey certified in the manner required by the insured lender, the Fund, and the title company issuing the title insurance, showing that there are no easements or encroachments upon or other matters pertaining to the property except those acceptable to the insured lender and the Fund.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Property, Liability, and Other Insurance.</text>
    <paragraph num="(1)">
      <text>At or before closing of a loan, and at such other times as required by the Department, the borrower shall provide evidence that the borrower, contractor, and other parties, have obtained and maintained the following insurance:</text>
      <paragraph num="(a)">
        <text>Owner's liability;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Owner's property or hazard or contractor's builder's risk;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Contractor's liability;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Architect's errors and omissions;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Engineer's errors and omissions; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Flood insurance, if the project is located in a flood hazard zone.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>All insurance required under §C(1) of this regulation shall meet the following requirements:</text>
      <paragraph num="(a)">
        <text>Be written by a company registered with the Maryland Insurance Administration;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be in force at the time of closing;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Not be terminable without prior notification to the Department; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Contain such other terms and coverage satisfactory to the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>In addition to the requirements of §C(2) of this regulation, owner's liability insurance shall:</text>
      <paragraph num="(a)">
        <text>Name the Department as an additional insured; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remain in force for the duration of the loan.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>In addition to the requirements of §C(2) of this regulation, contractor's liability and contractor's builder's risk insurance shall:</text>
      <paragraph num="(a)">
        <text>Name the Department as an additional insured; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remain in place through final closing or such later date as the Department requires.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>In addition to the requirements of §C(2) of this regulation, owner's property or hazard insurance shall:</text>
      <paragraph num="(a)">
        <text>Name the Department as an additional insured, loss payee, and mortgagee; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Remain in force for the duration of the loan.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>