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i i I <br /> CONDITIONS <br /> 1 . DEFINITION OF TERMS <br /> The following terms when used in this policy mean : c <br /> (a) "Amount of Insurance" : The amount stated in Schedule A, as may be increased or decreased by endorsement to <br /> this policy , increased by Section 8(b) , or decreased by Sections 10 and 11 of these Conditions . <br /> (b) " Date of Policy" . The date designated as " Date of Policy" in Schedule A. <br /> (c) " Entity" . A corporation , partnership , trust , limited liability company, or other similar legal entity. <br /> (d) " Insured " . The Insured named in Schedule A. <br /> ( i) The term "Insured" also includes <br /> (A) successors to the Title of the Insured by operation of law as distinguished from purchase , including <br /> heirs, i <br /> devisees , survivors , personal representatives , or next of kin ; <br /> (B) successors to an Insured by dissolution , merger, consolidation , distribution , or reorganization ; <br /> (C) successors to an Insured by its conversion to another kind of Entity; <br /> (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying <br /> the Title <br /> (1 ) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the <br /> named Insured , <br /> (2) if the grantee wholly owns the named Insured, <br /> (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity <br /> and the named Insured are both wholly-owned by the same person or Entity, or <br /> (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by <br />the <br /> Insured named in Schedule A for estate planning purposes. <br /> (ii) With regard to (A) , (B) , (C) , and (D) reserving , however, all rights and defenses as to any successor <br /> that the <br /> Company would have had against any predecessor Insured . <br /> (e) " Insured Claimant": An Insured claiming loss or damage . <br /> (f) " Knowledge" or "Known" : Actual knowledge , not constructive knowledge or notice that may be imputed to <br /> an <br /> Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting <br /> the Title . <br /> (g) "Land" : The land described in Schedule A, and affixed improvements that by law constitute real property. <br /> The <br /> term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, <br /> title , interest , estate , or easement in abutting streets , roads , avenues , alleys , lanes , ways , or waterways , but <br /> this <br /> does not modify or limit the extent that a right of access to and from the Land is insured by this pplicy . <br /> (h) "Mortgage": Mortgage , deed of trust , trust deed , or other security instrument, including one <br /> evidenced by <br /> electronic means authorized by law. { <br /> (i) "Public Records" : Records established under state statutes at Date of Policy for the purpose of <br /> imparting <br /> constructive notice of matters relating to real property to purchasers for value and without Knowledge . <br /> With <br /> respect to Covered Risk 5(d) , "Public Records" shall also include environmental protection liens filed <br /> in the <br /> records of the clerk of the United States District Court for the district where the Land is located . <br /> (j) "Title" : The estate or interest described in Schedule A. <br /> (k) "Unmarketable Title" : Title affected by an alleged or apparent matter that would permit a prospective purchaser <br /> or lessee of the Title or lender on the Title to be released from the obligation to purchase , lease , or lend if there <br /> is <br /> a contractual condition requiring the delivery of marketable title. <br /> i <br /> a <br /> 2 . CONTINUATION OF INSURANCE <br /> The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured , but only so <br /> long as the <br /> Insured retains an estate or interest in the Land , or holds an obligation secured by a purchase <br /> money Mortgage <br /> given by a purchaser from the Insured , or only so long as the Insured shall have liability by reason of warranties <br /> in <br /> any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from <br /> the <br /> Insured of either (i) an estate or interest in the Land , or ( ii) an obligation secured by a purchase money <br /> Mortgage <br /> given to the Insured . <br /> 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT <br /> The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5 <br />(a) of these <br /> ALTA Owner's Policy (6/17/06)• <br /> 8130609 4 of 8 (with Florida Modifications) <br /> Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA <br /> members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title <br /> Association <br />