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 .
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