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CONDITIONS <br />1. DEFINITION OF TERMS <br />The following terms when used in this policy mean: <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 heirs, <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 the <br />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 and <br />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 the Insured <br />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 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 an Insured <br />by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. <br />(g) Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term <br />"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, <br />interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not <br />modify or limit the extent that a right of access to and from the Land is insured by this policy. <br />(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic <br />means authorized by law. <br />(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting <br />constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect <br />to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the <br />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 or <br />lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a <br />contractual condition requiring the delivery of marketable title. <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 long as the <br />Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given <br />by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any <br />transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured <br />of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the <br />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(a) of these <br />Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to <br />ALTA Owner's Policy (6/17/06) <br />2730609 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 />AYMIo4 <br />