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CONDITIONS <br />L 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 he increased or decreased by endorsement to this policy, increased <br />by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. <br />(h) "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 />successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, <br />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 decd delivered without payment of actual valuable consideration conveying the Title <br />if the stock, shares, memberships, or other equity interests of the grantee arc wholly-owned by the named Insured, <br />if the grantee wholly owns the named Insured, <br />if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named <br />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 named in <br />Schedule A for estate planning purpose;. <br />(ii) with regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company <br />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 by reason of <br />the Public Records or any other records that impart constructive notice of matters affecting the Title. <br />"Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term `Land" does <br />not include any property beyond the lines of the arca described in Schedule A, nor any right, title, interest, estate, or easement in <br />abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this docs not modify or limit the extent that a right of access to <br />and from the Land is insured by this policy. <br />(h) "Mortgage": Mortgage, deed of trust, trust decd, or other security instrument, including one evidenced by electronic means <br />authorized by law. <br />"Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of <br />matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public <br />Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the <br />district where the Land is located. <br />"Title": The estate or interest described in Schedule A. <br />"Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Tide <br />or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the <br />delivery of marketable tide. <br />(A) <br />(1) <br />(2) <br />(3) <br />(g) <br />(i) <br />j) <br />(k) <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, hut only so long as the Insured retains an estate <br />or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser front the Insured, or only so <br />long as the insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in <br />force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase <br />money Mortgage 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 (1) in case of any litigation as set forth in Section 5(a) of these Conditions, (11) in <br />case Knowledge shall come to an Insured hereunder of any claim of title or Interest that is adverse to the Title, as insured, and that might <br />cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Tide, as insured, is rejected as Unmarketable <br />Title. lithe Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the insured <br />Claimant under the policy shall he reduced to the extent of the prejudice. <br />4. PROOF OF LOSS <br />In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of <br />payment that the Insured Claimant furnish a signed proof of loss. The proof of loss mist describe the defect, lien, encumbrance, or other <br />matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating <br />the amount of the loss or damage. <br />3 of 6 <br />FORM OF6 (rev. 12110)(Wtih Florida Modifications) <br />