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(e) <br />(f) <br />(h) <br />CONDITIONS — CONTINUED <br />"Insured Claimant': An Insured claiming loss or damage. <br />"Knowledge" or"Known": Actual knowledge, notconstruc-tive <br />knowledge or notice that may be imputed to an Insured by <br />reason of the Public Records orany other records that impart <br />constructive notice of matters affecting the Title. <br />"Land": The land described in Schedule A, and affixed <br />improve-ments thatby law constitute real property. The term <br />"Land" does not include any property beyond the lines of the <br />area described in Schedule A, nor any right, title, interest, <br />estate, or easement in abutting streets, roads, avenues, <br />alleys, lanes, ways, or waterways, but this does not m odify or <br />limit the extent that a right of access to and from the Land is <br />insured bythis policy. <br />"Mortgage": Mortgage, deed of trust, trust deed, or other <br />secu-rity instrument, including one evidenced by electronic <br />means authorized bylaw. <br />"Public Records": Records established understate statutes at <br />Date of Policy for the purpose ofim parting constructive notice <br />of matters relating to real property to purchasers for value and <br />without Knowledge. With respect to Covered Risk 5(d), <br />"Public Records" shall also include environmental protection <br />liens filed in the records of the clerk of the United States <br />District Court for the 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 <br />matterthat would perm ita prospective purchaseror lessee of <br />the Title or lender on the Title to be released from the <br />obligation to purchase, lease, or lend ifthere is a contractual <br />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 <br />Policy in favor of an Insured, butonlyso long as the Insured retains <br />an estate or interest in the Land, or holds an obligation secured by <br />a purchase money Mortgage given by a purchaser from the <br />Insured, or�onlyso long as the Insured shall have liabilityby reason <br />of war-ranties in anytransfer or conveyance of the Title. Thispolicy <br />shall not continue in force in favor of any purchaser from the <br />Insured of either (i) an estate or interest in the Land, or (ii) an <br />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 notifythe Com panyprom ptlyin writing (i) in case <br />of any litigation as setforth in Section 5(a) of these Condi-tions, (ii) <br />in case Knowledge shall come to an Insured hereunder of any <br />claim of title or interestthat is adverse to the Title, as insured, and <br />that might cause loss or damage for which the Company maybe <br />liable byvirtue ofthis policy, or (iii) ifthe Title, as insured, is rejected <br />as Unmarketable Title. If the Companyis prejudiced bythe failure <br />of the Insured Claimant to provide prompt notice, the Comparrys <br />liabilityto the Insured Claimant under the policy shall be reduced <br />to the extent of the prejudice. <br />4. PROOF OF LOSS <br />In the event the Company is unable to determine the amount of <br />loss or damage, the Company may, at its option, require as a <br />condition of payment that the Insured Claimant furnish a signed <br />proof of loss. The proof of loss must describe the defect, lien, <br />encumbrance, or other matter insured against by this policy that <br />constitutes the basis of loss or damage and shall state, to the <br />ALTA 6-17-060w ner's Policy (with Florida modifications) <br />WFG National Form No. 3155412 <br />extent possible, the basis of calculating the amount of the loss or <br />damage. <br />5. DEFENSE AND PROSECUTION OF ACTIONS <br />(a) Upon written requestbythe Insured, and subjectto the options <br />contained in Section 7 of these Conditions, the Company, at <br />its own costand without unreasonable delay, shall provide for <br />the defense of an Insured in litigation in which anythird party <br />asserts a claim covered by this policy adverse to the Insured. <br />This obligation is limited to only those stated causes of action <br />alleging matters insured againstby this policy. The Company <br />shall have the right to select counsel of its choice (subject to <br />the right of the Insured to object for reasonable cause) to <br />represent the Insured as to those stated causes of action. It <br />shall not be liable for and will not pay the fees of any other <br />counsel. The Company will not pay any fees, costs, or <br />expenses incurred by the Insured in the defense of those <br />causes ofaction thatallege matters notinsured againstbythis <br />policy. <br />(b) The Company shall have the right, in addition to the options <br />contained in Section 7 of these Conditions, atits own cost, to <br />institute and prosecute any action or proceeding or to do any <br />other act that in its opinion maybe necessary or desirable to <br />establish the Title, as insured, orto prevent or reduce loss or <br />damage to the Insured. The Company may take any <br />appropri-ate action under the terms of this policy, whether or <br />notit shall be liable to the Insured. The exercise of these rights <br />shall notbe an admission ofliabilityor waiver of any provision <br />of this policy. If the Company exercises its rights under this <br />subsec-tion, it must do so diligently. <br />(c) Whenever the Com panybrings an action or asserts a defense <br />as required or permitted by this policy, the Company may <br />pursue the litigation to a final determination by a court of <br />competent jurisdiction, and it expressly reserves the right, in <br />its sole dis-cretion, to appeal any adverse judgment or order. <br />6. DUTY OF INSURED CLAIMANT TO COOPERATE <br />(a) In all cases where this policypermits orrequiresthe Company <br />to prosecute or provide for the defense of any action or <br />proceeding and any appeals, the Insured shall secure to the <br />Companythe right to so prosecute or provide defense in the <br />action or pro-ceeding, including the rightto use, at its option, <br />the name ofthe Insured forthis purpose. Whenever requested <br />by the Company, the Insured, at the Company's expense, <br />shall give the Company all reasonable aid (i) in securing <br />evidence, obtaining witnesses, prosecuting or defending the <br />action or proceeding, or effecting settlement, and (ii) in any <br />other lawful act that in the opinion of the Company may be <br />necessary or desirable to establish the Title or any other <br />matteras insured. If the Companyis prejudiced bythe failure <br />of the Insured to furnish the required cooperation, the <br />Company's obligations to the Insured under the policy shall <br />terminate, including any liability or obligation to defend, <br />prosecute, or continue any litigation, with regard to the matter <br />or matters requiring such cooperation. <br />(b) The Companymay reasonably require the Insured Claimant <br />to submit to examination under oath by any authorized <br />representa-tive of the Company and to produce for <br />examination, inspection, and copying, at such reasonable <br />times and places as may be designated by the authorized <br />representative of the Company, all records, in whatever <br />medium maintained, including books, ledgers, checks, <br />memoranda, correspondence, reports, e-mails, disks, tapes, <br />