American Land Title Association
<br />40 VV 9. *J 1 410
<br />A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />Owner's Policy of Title Insurance
<br />2021 V. 01.00 (07-01-2021)
<br />with Florida modifications
<br />4. PROOF OF LOSS
<br />The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed
<br />proof of loss. The proof of loss must describe the defect, lien, encumbrance, adverse claim, or other matter
<br />insured against by this policy that constitutes the basis of loss or damage and must state, to the extent
<br />possible, the basis of calculating the amount of the loss or damage.
<br />5. DEFENSE AND PROSECUTION OF ACTIONS
<br />a. Upon written request by the Insured and subject to the options contained in Condition 7, the Company,
<br />at its own cost and without unreasonable delay, will provide for the defense of an Insured in litigation in
<br />which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is
<br />limited to only those stated causes of action alleging matters insured against by this policy. The
<br />Company has the right to select counsel of its choice (subject to the right of the Insured to object for
<br />reasonable cause) to represent the Insured as to those covered causes of action. The Company is not
<br />liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or
<br />expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured
<br />against by this policy.
<br />b. The Company has the right, in addition to the options contained in Condition 7, at its own cost, to
<br />institute and prosecute any action or proceeding or to do any other act that, in its opinion, may be
<br />necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the
<br />Insured. The Company may take any appropriate action under the terms of this policy, whether or not
<br />it is liable to the Insured, The Company's exercise of these rights is not an admission of liability or
<br />waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b., it must
<br />do so diligently.
<br />C. When the Company brings an action or asserts a defense as required or permitted by this policy, the
<br />Company may pursue the litigation to a final determination by a court having jurisdiction. The Company
<br />reserves the right, in its sole discretion, to appeal any adverse judgment or order.
<br />6. DUTY OF INSURED CLAIMANT TO COOPERATE
<br />a. When this policy permits or requires the Company to prosecute or provide for the defense of any action
<br />or proceeding and any appeals, the Insured will secure to the Company the right to prosecute or provide
<br />defense in the action or proceeding, including the right to use, at its option, the name of the Insured for
<br />this purpose.
<br />When requested by the Company, the Insured, at the Company's expense, must give the Company all
<br />reasonable aid in:
<br />i. securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
<br />effecting settlement; and
<br />ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish
<br />the Title or any other matter, as insured.
<br />If the Company is prejudiced by any failure of the Insured to furnish the required cooperation, the
<br />Company's liability and obligations to the Insured under this policy terminate, including any obligation
<br />to defend, prosecute, or continue any litigation, regarding the matter requiring such cooperation.
<br />b. The Company may reasonably require the Insured Claimant to submit to examination under oath by
<br />any authorized representative of the Company and to produce for examination, inspection, and copying,
<br />at such reasonable times and places as may be designated by the authorized representative of the
<br />Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
<br />correspondence, reports, e-mails, disks, tapes, and videos, whether bearing a date before or after the
<br />Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized
<br />representative of the Company, the Insured Claimant must grant its permission, in writing, for any
<br />authorized representative of the Company to examine, inspect, and copy all the records in the custody
<br />Copyright 2021 American Land Title Association. All rights reserved.
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<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)
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