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CONDITIONS AND STIPULATIONS (CoMbmd) 7.. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until, there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured to settling any claim or suit without prior written consent of the Company. 5. REDUCTION OF LIABILITY s All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lostor destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 0. -LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or hen on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this insured owner. policy to said 10. APPORTIONMENT unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this attached hereto. policy and shown by an express statement herein or by an endorsement 11- SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company, shall have settled a claim under this policy. all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had Mnany person or propertyy in respect to such claim had this policy not baissued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that pan of a losses insured against hereunder which shall exceed the amount, if any, losny I to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY is endorsements and other instruments if ny tattachedher heretotth by the Company is the enure policy and coyyntract between the insured and the Company. im or or andAwhichaarises out of henstat s oe. f they title to he estate orr not based on ginterest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendement of or endorsement to this policy can be made except by writing endorscd'hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. If e land which are not sed asha singleslee,, and a loss isconsists establ shed affecting one or 13. NOTICES, WHERE SENT more of said parcels but not all, the loss shall be computed and settled on All notices required to be given the Company and any statement in a pro rata basis as if the amount of insurance under this policy was divided writing required to be furnished the Company shall be addressed to pro rata as to the value on Date of Policy of each separate parcel to the Commonwealth Land Title Insurance Company, Eight Penn Center, whole, exclusive of any improvements made subsequent to Date of Policy, Philadelphia, Pennsylvania 19103. American end Title Association Owner's Policy -1070 - Form B (Rev. 10-17-70 and 10-17.84) Cover9 Form 1005-8 Valid Only If Schedules A and B Are Attached