(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 />
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