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1993-029
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1993-029
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T. LIMITATION OF LIABILITY <br />No claim shall arise or be maintainable under this policy (a) if the <br />Company, atter having received notice of an alleged defect, lien or <br />encumbrance insured against hereunder, by litigation or otherwise, removes <br />such defect, lien or encumbrance or establishes the title, as insured, within <br />a reasonable time after receipt of such notice; (b) in the event of litigation <br />until There has been a final determination by a court of competent <br />jurisdiction. and disposition of all a Is therefrom, adverse to the title, as <br />insured, as provided in paragraph 3 hereof. or (c) for liability voluntarily <br />assumed by an insured In settling any claim or suit without prior written <br />consent of the Company. <br />A. ,REDUCTION OF LIABILITY <br />All Payments under this policy, except payments made for costs, <br />attorneys' fees and expenses, shall reduce the amount of the insurance pro <br />tanto. No payment shall be made without producing this policy for <br />endorsement of such payment unless the Policy be lost or destroyed, in <br />which case proof of such loss or destruction shall be furnished to the <br />.satisfaction of the Company. <br />S. LIABILITY NONCUMULATIVE <br />It is expressly understood that the amount of insurance under this <br />Policy shall be reduced by any amount the Company may pay under any <br />po)icy insuring either (a) a mortgage shown or referred to in Schedule B <br />hereof which is a lien on the estate or interest covered by this policy, or (b) <br />a mortgage hereafter executed by an insured which is a charge or lien on <br />the estate or interest described or referred to in Schedule A. and the <br />amount so paid shall be deemed a payment under this policy. The <br />Company shall have the option to apply to the payment of any such <br />mortgages any amount that otherwise would be payable hereunder to the <br />insured owner of the estate or interest covered by this Policy and the <br />amount so paid shall be deemed a Payment under this Policy to said <br />insured owner. <br />10. APPORTIONMENT <br />unless it liability or value has otherwise been agreed upon as to each such <br />parcel by the Company and the insured at the time of the issuance of this <br />policy and shown by an express statement herein or by an endorsement <br />attached hereto. <br />11. BUBROOATION UPON PAYMENT OR SETTLEMENT <br />Whenever the Company shall have settled a claim under this policy, <br />all right of subrogation shall vest in the Company unaffected by any act of <br />the insured claimant. The Company shall be subrogated to and be entitled <br />to all rights and remedies which such insured claimant would have had <br />against any person or ProPerly to respect to such claim had this policy not <br />been issued, and if requested by the Company, such insured claimant shall <br />transfer to the Company all rights and remedies against any person or <br />Property necessary in order to perfect such right of subrogation and shall <br />permit the Company to use the name of such insured claimant in any <br />transaction or litigation involving such rights or remedies. If the payment <br />does not cover the loss of such insured claimant, the Company shall be <br />subrogated to such rights and remedies in the proportion which said <br />as of such insurent bests to d cclhe aimanttsoufsaid ch ctloss If shail not void [his policyshould result ` but the <br />Company, in that event, shall be required to pay only that part of any <br />losses insured against hereunder which shall exceed the amount, if any. lost <br />to the Company by reason of the impairment of the right of subrogation. <br />12. LIABILITY LIMITED TO THIS POLICY <br />This instrument together with all endorsements and other <br />instruments, if any, attached hereto by the Company is the entire policy <br />and contract between the insured and the Company. <br />Any claim of loss or damage, whether or not based on negligence. <br />and which arises out of the status of the title to the estate or Interest <br />covered hereby or any action asserting such claim, shall be restricted to the <br />provisions and conditions and stipulations of this policy. <br />No amendement of or endorsement to this policy can be made <br />except by writing endorsed'hemon or attached hereto signed by either the <br />President, a Vice President, the Secretary, an Assistant Secretary, or <br />validating officer or author&d signatory of the Company. <br />If the land described in Schedule A consists of two or more parcels <br />which are not used as a single site, and a loss is established affecting one or 13. NOTICES, WHERE SENT <br />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 <br />a pro rata basis as if the amount of insurance under this policy was divided writing required to be fumished the Company shall be addressed to <br />pro rata as to the value on Date of Policy of each separate parcel to the Commonwealth land Title Insurance Company, Eight Penn Center, <br />whole, exclusive of any improvements made subsequent to Date of Policy, Philadelphia, Pennsylvania 19103. <br />Cover Page <br />Amdrl-n Land Title Association Owners Policy -1070 - Form B (Rev, 10.17-70 and 10.17.84) <br />Form 1005-8 <br />Valid Only If Schedules A and B Are Attached <br />
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