Laserfiche WebLink
CONDITIONS <br /> 1 . DEFINITION OF TERMS purchase , lease , or lend if there Is a contractual condition requiring <br /> The following terms when used in this policy mean : the delivery of marketable title . <br /> ( a ) " Amount of Insurance " The amount stated In Schedule A , as may 2 CONTINUATION OF INSURANCE <br /> be increased or decreased by endorsement to this policy , Increased <br /> by Section 8( b ) , or decreased by Sections 10 and 11 of these Conditions . The coverage of this policy shall continue <br /> in force Date t <br /> ains <br /> ( h ) " Date of Policy " the date designated as " Date of Policy "" In Policy in favor of an Insured , but only so <br /> long as thee Insured <br /> ured reet <br /> an estate or interest in the Land , or holds an obligation secured by <br /> Schedule A . a purchase money Mortgage given by a purchaser from the Insured , <br /> ( c � "' Entity "' : A corporation , partnership , trust , limited liability or only so long as the Insured shall <br />have liability by reason of <br /> company , or other similar legal entitywarranties in any transfer or conveyance of the Title . This policy <br /> ( d Insured The Insured named in Schedule A . shall not continue in force in favor of any purchaser from the <br /> tI l The term " Insured " also includes Insured of either ( i ) an estate or interest in the Land , or <br /> ( ii ) an <br /> A successors to the Title of the Insured by operation of law as obligation secured by a purchase money Mortgage <br /> given to the <br /> distinguished from purchase , including heirs , devisees , survivors , Insured . <br /> personal representatives , or next of kin ; <br /> ( D ) successors to an Insured by dissolution , merger , consolidation , 3 . NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT <br /> distribution , or reorganization ; The Insured shall notify the Company promptly in writing ( i ) in case <br /> iC ) successors to an Insured by its conversion to another kind of of any litigation as set forth in Section <br />5( a ) of these Conditions , ( iii <br /> Entity ; in case Knowledge shall come to an Insured hereunder of any claim <br /> ( D ) a grantee of an Insured under a deed delivered without of title or interest that is adverse to the Title , <br /> as insured , and that <br /> payment of actual valuable consideration conveying the Title might cause loss or damage for which the Company may <br /> be liable <br /> ( 1 ) if the stock , shares , memberships , or other equity by virtue of this policy , or ( iii ) if the Title <br />, as Insured , is rejected as <br /> interests of the grantee are wholly-owned by the Unmarketable Title . If the Company is prejudiced by the failure <br /> of <br /> the Insured Claimant to provide prompt notice , the Company ' s <br /> named Insured , liability to the Insured Claimant under the policy shall be reduced <br /> ( 2 ) if the grantee wholly owns the named Insured , to the extent of the prejudice . <br /> ( 31 if the grantee is wholly -owned by an affiliated <br /> Entity of the named Insured , provided the affiliated 4 . PROOF OF LOSS <br /> Entity and the named Insured are both wholly-owned In the event the Company Is unable to determine the amount <br /> of <br /> by the same person or Entity, or loss or damage , the Company may, at its option , require as a condition <br /> 14 ) it the grantee is a trustee or beneficiary of a trust of payment that the Insured Claimant furnish a signed <br /> proof of loss . <br /> created by a written instrument estahlished by the The proof of loss must describe the defect , lien , encumbrance <br />, or <br /> Insured named in Schedule A for estate planning other matter insured against by this policy that constitutes the <br /> purposes . basis of loss or damage and shall state , to the extent possible , the <br /> lkl With regard to ( A) , IRI , ( C ) , and ( D ) reserving , however, all rights basis of calculating the amount <br />of the loss or damage . <br /> and defenses as to any successor that the Company would have had 5 . DEFENSE AND PROSECUTION OF ACTIONS <br /> against any predecessor Insured . <br /> le ) " Insured Claimant " An Insured claiming loss or damage . ( a ) Upon written request by the Insured , and subject <br />to the options <br /> contained in Section 7 of these Conditions , the Company , at its <br /> ( f) " Knowledge " or " Known Actual knowledge , not constructive own cost and without unreasonable delay , shall provide <br /> for the <br /> knowledge or notice that may bp, imputed to an Insured by reason of defense of an Insured in litigation in which <br /> any third party asserts <br /> the Public Records or any other records that impart constructive a claim covered by this policy adverse to the Insured . This <br /> obligation <br /> notice of matters affecting the Title . is limited to only those stated causes of action alleging matters <br /> g ) ° Land " : The land doscribed in Schedule A , and affixed improvements insured against by this policy . The Company <br /> shall have the right to <br /> that by law constitute real property . The term " Land " does not select counsel of its choice isubject to the <br /> right of the Insured to <br /> include any property beyond the lines of the area described in object for reasonable cause ) to represent the Insured <br /> as to those <br /> Schedule A , nor any right, title , interest , estate , or easement in stated causes of action . it shall not be <br /> liable for and will not pay <br /> abutting streets , roads , avenues , alleys , lanes , ways , or waterways , the fees of any other counsel . The Company <br /> will not pay any fees , <br /> but this does not modify or limit the extent that a right of access to costs , or expenses incurred by the Insured <br /> in the defense of those <br /> and from the Land is insured by this policycauses of action that allege matters not insured against by this policy. <br /> ( h ) " Mortgage " Mortgage , deed of trust , trust deed , or other security ( b ) The Company shall have the right , In <br /> addition to the options <br /> instrument , including one evidenced by electronic means authorized contained in Section 7 of these Conditions , at its <br /> own cost, to <br /> by law . institute and prosecute any action or proceeding or to do any <br /> other act that in its opinion may be necessary or desirable to <br /> it " Puhhc Records Records established under state statutes at establish the Title , as insured , or to prevent or reduce <br /> loss or <br /> Date of Policy for the purpose of imparting constructive notice of damage to the Insured . The Company may take any <br /> appropriate <br /> matters relating to real property to purchasers for value and without action under the terms of this policy , whether <br /> or not It shall be <br /> Knowledge . With respect to Covered Risk 5( d � '' Public Records " liable to the Insured . The exercise of these <br /> rights shall not be an <br /> shall also include environmental protection ( lens filed in the records admission of liability or waiver of any provision <br /> of this policy . <br /> of the clerk of the United States District Court for the district where If the Company exercises Its rights under <br /> this subsection , it must <br /> the Land is located . do so diligently . <br /> (j ) " Title " : The estate or interest described in Schedule A . ( c ) Whenever the Company brings an action <br />or asserts a defense <br /> ik ) " Unmarketable Title " : Title affected by an alleged or apparent as required or permitted by this policy , the Company <br /> may pursue <br /> matter that would permit a prospective purchaser or lessee of the the litigation to a final determination by a court <br /> of competent <br /> Title, of lender on the Title to he released from the obligation to jurisdiction , and it expressly reserves <br /> the right, in its sole <br /> ORT Form 4309 FL discretion , to appeal any adverse judgment or order . <br /> ;.LI ii,viiP niry .,f T;tIo I ! i .t, 1 n nrr F � it .vI �i t I A i.lu � idl(,,03onsj Page3 <br />