My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2018-142
CBCC
>
Official Documents
>
2010's
>
2018
>
2018-142
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/30/2020 1:35:15 PM
Creation date
8/17/2018 11:53:07 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/14/2018
Control Number
2018-142
Agenda Item Number
8.O.
Entity Name
Van Der Rest, Alexandra
Subject
Right of Way Acquisition Sale and Purchase Agreement
Warranty Deed Attached
Area
66th Avenue Road Widening project
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
38
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
of any loss, costs, attorneys' fees, and expenses paid bythe <br />Company. If requested bythe Company, the Insured Claimant <br />shall execute documents to evidence the transfer to the <br />Com-pany of these rights and remedies. The Insured <br />Claimantshall permitthe Companyto sue, compromise, or <br />settle in the name ofthe Insured Claimantand to use the name <br />ofthe Insured Claimantin anytransactionorlitigation involving <br />these rights and remedies. <br />If a payment on account of a claim does not fully cover the loss of <br />the Insured Claimant, the Companyshall defer the exercise of its <br />right to recover until after the Insured Claimant shall have <br />recovered its loss. <br />(b) The Company's rightof subrogation includes the rights of the <br />Insured to indemnities, guaranties, other policies of insurance, <br />or bonds, notwithstanding any terms or conditions contained <br />in those instruments that address subrogation rights. <br />14. ARBITRATION <br />Unless prohibited by appIicable law, arbitration pursuant to the Title <br />Insurance Arbitration Rules ofthe American Arbitration Association <br />maybe demanded if agreed to by both Companyand the insured <br />at the time of the controversy or claim. Arbitrable matters may <br />include, but are not limited to, any controversy or claim between <br />Companyand the insured arising outofor relating to this policy, <br />and service of Company in connection with its issuance or the <br />breach of policy provision or other obligation. Arbitration pursuant <br />to this policy and underthe Rules in effect on the date the demand <br />for arbitration is made or, at the option of the insured, the Rules in <br />effect at Date of Policy shall be binding upon the parties. The award <br />may include attorneys' fees onlyifthe laws of the state in which the <br />land is located permit a court to award attorneys' fees to a <br />prevailing party. Judgment upon the award rendered by the <br />Arbitrator(s) may be entered in any court having jurisdiction <br />thereof. <br />The law ofthe situs ofthe land shall applyto an arbitration under <br />the Title Insurance Arbitration Rules. <br />A copy of the Rules may be obtained from the Company upon <br />request. <br />15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE <br />CONTRACT <br />This policy together with all endorsements, if any, attached to <br />it by the Company is the entire policy and contract between <br />the Insured and the Company. In interpreting anyprovision of <br />this policy, this policyshall be construed as a whole. <br />Any claim ofloss or damage that arises outof the status ofthe <br />Title or by any action asserting such claim whether or not <br />based on negligence shall be restricted to this policy. <br />Any amendment of or endorsement to this policy must be in <br />writing and authenticated by an authorized person, or <br />expressly incorporated by Schedule Aof this policy. <br />Each endorsementto this policy issued atanytime is made a <br />part of this policy and is subject to all of its terms and <br />provi-sions. Except as the endorsement expressly states, it <br />does not (i) modify any of the terms and provisions of the <br />policy, (ii) modifyany prior endorsement, (iii)extend the Date <br />of Policy, or (iv) increase the Amount of Insurance. <br />16. SEVERABILITY <br />In the event any provision of this policy, in whole or in part, is held <br />invalid or unenforceable under applicable law, the policy shall be <br />deemed notto include thatprovision orsuch part held to be invalid, <br />but all other provisions shall remain in full force and effect. <br />ALTA 6-17-06 Ow ner's Policy (with Florida modifications) <br />WFG National Form No. 3155412 <br />17. CHOICE OF LAW; FORUM <br />(a) Choice of Law: The Insured acknowledges the Com panyhas <br />underwritten the risks covered by this policy and determined <br />the premium charged therefor in reliance upon the law <br />affecting interests in real property and applicable to the <br />interpretation, rights, remedies, or enforcement of policies of <br />title insurance of the jurisdiction where the Land is located. <br />Therefore, the court or an arbitrator shall apply the law of the <br />I urisdiction where the Land is located to determ ine the validity <br />of claims againstthe Title that are adverse to the Insured and <br />to interpretand enforce the terms ofthis policy. In neithercase <br />shall the court or arbitratorapply its conflicts of law principles <br />to determine the applicable law. <br />(b) Choice of Forum: Any litigation or other proceeding brought <br />by the Insured against the Company mustbe filed only in a <br />state or federal courtwithin the United States of America or it <br />territories having appropriate jurisdiction. <br />18. NOTICES, WHERE SENT <br />Any notice of claim and anyother notice orstatementin writing <br />required to be given to the Companyunderthis policy m ustbe <br />given to the Com panyat 12909 SW 68th Parkway, Suite 350, <br />Portland, OR 97223, Attention: Claims Department. WFG <br />National Title Insurance Company's telephone number is <br />(800) 334-8885. Email address: claims(a wfonationaltitle.com. <br />
The URL can be used to link to this page
Your browser does not support the video tag.