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CONDITIONS AND STIPULATIONS <br />1. DEFINITION OF TERMS <br />The following terms when used in this policy mean: <br />(a) "insured": the insured named in Schedule A, and, subject <br />to any rights or defenses the Company may have had against the <br />named insured, those who succeed to the interest of such insured by <br />opent!on of law as distinguished from purchase including, but not <br />limited to, heirs, distributees, devisee, survivors, personal represen- <br />tatives, next of kin, or corporate or fiduciary successors. <br />(b) "insured claimant": an insured claiming loss or damage <br />hereunder. <br />(c) "knowledge": actual knowledge, not constructive knowledge <br />or notice which may be imputed to an insured by reason of any <br />public records. <br />Schedule A, and impprolvemenntts�aRixeed tbed h <br />ereto which bor y law constitute <br />e in <br />itute <br />real property; provided, however, the term "land" does not include <br />an yy property beyond the lines of the arca specifically described or <br />referred to in Schedule A, nor any right,dile, interest, estate or <br />easement in abutting streets, roads, avenues, alleys, lanes, ways or <br />waterways, but nothing herein shall modify or limit the extent to <br />which a right of access to and from the land is insured by this policy. <br />(e) "mortgage"c mortgage, deed of trust, trust deed, or other <br />security instrument. <br />(f) "public records": those records which by law impart con- <br />structive notice of matters relating to said land. <br />Z. CONTINUATION OF INSURANCE AFTER CONVEYANCE <br />OF TITLE <br />The coverageof this policy shall continue in force as of Date <br />of Policy in favor of an insured so long as such insured retains an <br />estate or interest in the land, or holds an indebtedness secured by a <br />purchase money mortgage given by a purchaser from such insured, <br />or so long as such insured shall have liability by reason of covenants <br />of warranty madeby such insured in any transfer or conveyance <br />of such estate or interest; provided, however, this policy shall not <br />continue in fora in favor of any purchaser from such insured of <br />either said estate or interest or the indebtedness secured by a pur- <br />chase money mortgage given to such insured. <br />3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF <br />CLAIM TO BE GIVEN BY AN INSURED CLAIMANT <br />(a) The Company, at its own cost and without undue delay, shall <br />Provide for the defense of an insured in all litigation consisting of <br />actions or Proceedings commenced against such insured, ora defense <br />interposed against an insured in an action to enforce a contract for <br />a sale of the estate or interest in said land, to the extent that such <br />litigation is founded upon an alleged defect, lien, encumbrance, or <br />other matter insured against by this policy. <br />(b) The insured shall notify the Company Promptly in writing <br />(i) in ase any action or proceeding is begun or defense is inter- <br />posed as set forth in (a) above, (ii) in ase knowledge shall conic <br />to an insured hereunder of any clam of title or interestwhich is ad- <br />verse to the title to the estate or mterwt, as insured, and which might <br />cause loss or damage for which the Company may be liable by <br />virtue of this Policy, or (iii) if title to the estate or interest, as <br />insured, is rejected as unmarketable. If such prompt notice shall <br />not be given to the Company, then as to such insured all liability of <br />the Company shall cease and terminate in regard to the matter or <br />matters for which such prompt notice is reyy�ired; provided, however, <br />that failure to notify shall in no ase prejudice the rights of any such <br />insured under this policy unless the Company shall be prejudiced <br />by such failure and then only to the extent of such prejudice. <br />(c) The Company shall have the right at its own cost to institute <br />and without undue delay prosecute any action or proceeding or to do <br />any other act which in its opinion may be necessary or desirable to <br />establish the title to the estate or interest as insured, and the Company <br />may take any appropriate action under the terms of this policy, <br />whether or not it shall be liable thereunder, and shall not thereby <br />concede liability or waive any provision of this policy. <br />(d) Whenever the Company shall have brought any action or <br />interposed a defense as required or permitted by the provisions of this <br />Policy, the Company may pursue any such litigation to final deter- <br />mination by a court of competent jurisdiction and expressly reserves <br />the right, in its sok discretion, to appeal from any adverse judg- <br />ment or order. <br />(e) In all cases where this policy permits or requires the Com- <br />pany to prosecute or provide for the defense of any action or pro- <br />ceeding, the insured hereunder shall secure to the Company the right <br />to so all a prosecute or provide defense in sueh action or proceeding, and <br />appeals therein, and permit the Company to use, at its option, the <br />name of such insured for such purpose. Whenever requested by <br />the Company, such insured shall give the Company all reasonable <br />aid in any such action or proceeding, in effecting settlement, se <br />cuing <br />evidence, obtaining witnesses, or prosecuting or defending such actrion <br />or proceeding, and the Company shall reimburse such insured for any <br />expense so incurred. <br />4. NOTICE OF LOSS — LIMITATION OF ACTION <br />In addition to the notices required under paragraph 3(b) of these <br />Conditions and Stipulations, a statement in writing of any loss or <br />damage for which it is claimed the Company is liable under this <br />policy shall be furnished to the Company within 90 days after such <br />loss or damage shall have been determined and no right of action <br />shall accrue to an insured claimant until 30 days after such statement <br />shall have been furnished. Failure to furnish such statement of lou <br />or damage shall terminate any liability of the Company under this <br />policy as to such lou or damage. <br />S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS <br />The Company shall have the option to pay or otherwise settle <br />for or in the name of an insured claimant any claim insured against <br />or to terminate all liability and obligations of the Company hereunder <br />bypaying or tendering payment of the amount of insurance under <br />this policy together with any costs, attorneys' fees and expenses in. <br />curred up to the time of such payment or tender of payment, by the <br />insured claimant and authorized by the Company. <br />S. DETERMINATION AND PAYMENT OF LOSS <br />(a) The liability of the Company under this policy shall in no <br />ase exceed the least of: <br />( i) the actual Ion of the insured claimant; or <br />( ii) the amount of insurance stated in Schedule A. <br />(b) The Company will pay, in addition to any Ion insured <br />agairot by this policy, all costs imposed upon at. insured in litigation <br />carried on by the Company for such insured, and all costs, attorneys' <br />fees and expenses in litigation carried on by such insured with the <br />written authorization of the Company. <br />(c) When liability has been definitely fixed in accordance with <br />the conditions of this policy, the loss or damage shall be payable <br />within 30 days thereafter. <br />Conditions and SOPulatious Cautioned Inside Cover <br />`3d•IIXIS•JI <br />CONTROL NO. 120-118261 <br />