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American Land Title Association Owner's Policy of Title Insurance <br /> 2021 v.01.00(07-01-2021) <br /> ES'lCO R with Florida modifications <br /> insured: <br /> i. the Amount of Insurance will be increased by 15%; and <br /> ii. the Insured Claimant may, by written notice given to the Company, elect, as an alternative to the <br /> dates set forth in Condition 8.b. or, if it applies, 8.c., to use either the date the settlement, action, <br /> proceeding, or other act described in Condition 5.b. is concluded or the date the notice of claim <br /> required by Condition 3 is received by the Company as the date for calculating the fair market <br /> value of the Title in Condition 8.a.ii. <br /> e. In addition to the extent of liability for loss or damage under Conditions 8.a. and 8.d.,the Company will <br /> also pay the costs, attorneys' fees, and expenses incurred in accordance with Conditions 5 and 7. <br /> 9. LIMITATION OF LIABILITY <br /> a. The Company fully performs its obligations and is not liable for any loss or damage caused to the <br /> Insured if the Company accomplishes any of the following in a reasonable manner: <br /> i. removes the alleged defect, lien, encumbrance, adverse claim, or other matter; <br /> ii. cures the lack of a right of access to and from the Land; or <br /> iii. cures the claim of Unmarketable Title, <br /> all as insured. The Company may do so by any method, including litigation and the completion of any <br /> appeals. <br /> b. The Company is not liable for loss or damage arising out of any litigation, including litigation by the <br /> Company or with the Company's consent, until a State or federal court having jurisdiction makes a final, <br /> non-appealable determination adverse to the Title. <br /> c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the <br /> Insured in settling any claim or suit without the prior written consent of the Company. <br /> d. The Company is not liable for the content of the Transaction Identification Data, if any. <br /> 10. REDUCTION OR TERMINATION OF INSURANCE <br /> All payments under this policy, except payments made for costs, attorneys' fees, and expenses, reduce the <br /> Amount of Insurance by the amount of the payment. <br /> 11. LIABILITY NONCUMULATIVE <br /> The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a <br /> Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken <br /> subject, or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title, <br /> and the amount so paid will be deemed a payment to the Insured under this policy. <br /> 12. PAYMENT OF LOSS <br /> When liability and the extent of loss or damage are determined in accordance with the Conditions, the <br /> Company will pay the loss or damage within 30 days. <br /> 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT <br /> a. If the Company settles and pays a claim under this policy, it is subrogated and entitled to the rights and <br /> remedies of the Insured Claimant in the Title and all other rights and remedies in respect to the claim <br /> that the Insured Claimant has against any person, entity, or property to the fullest extent permitted by <br /> law, but limited to the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. <br /> If requested by the Company, the Insured Claimant must execute documents to transfer these rights <br /> and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or <br /> settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any <br /> transaction or litigation involving these rights and remedies. <br /> b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company <br /> defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. <br /> Copyright 2021 American Land Title Association.All rights reserved. simmoi <br /> The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ,, , <br /> ALTA members in good standing as of the date of use.All other uses are prohibited. <br /> Reprinted under license from the American Land Title Association. <br /> OP-61 FL ALTA 07-01-2021 Owner's Policy of Title Insurance(FLORIDA)(ALTA 7-01-2021) (WLTIC Edition 8/12/2022) <br />