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Last modified
10/23/2023 3:57:36 PM
Creation date
6/27/2023 2:02:35 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/06/2023
Control Number
2023-109
Agenda Item Number
13.D.
Entity Name
Sadhwani, Harish & Deepti
Subject
Mediation Settlement Agreement for Parcel of Right of Way at 6600 56th Street
Warranty Deed and Title Insurance
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American Land Title Association <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 />C. The Company's subrogation right includes the Insured's rights to indemnity, guaranty, warranty, <br />insurance policy, or bond, despite any provision in those instruments that addresses recovery or <br />subrogation rights. <br />14. POLICY ENTIRE CONTRACT <br />a. This policy together with all endorsements, if any, issued by the Company is the entire policy and <br />contract between the Insured and the Company. In interpreting any provision of this policy, this policy <br />will be construed as a whole. This policy and any endorsement to this policy may be evidenced by <br />electronic means authorized by law. <br />b. Any amendment of this policy must be by a written endorsement issued by the Company. To the extent <br />any term or provision of an endorsement is inconsistent with any term or provision of this policy, the <br />term or provision of the endorsement controls. Unless the endorsement expressly states, it does not: <br />i. modify any prior endorsement, <br />ii, extend the Date of Policy, <br />iii. insure against loss or damage exceeding the Amount of Insurance, or <br />iv. increase the Amount of Insurance. <br />15. SEVERABILITY <br />In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable <br />law, this policy will be deemed not to include that provision or the part held to be invalid, but all other provisions <br />will remain in full force and effect. <br />16. CHOICE OF LAW AND CHOICE OF FORUM <br />a. Choice of Law <br />The Company has underwritten the risks covered by this policy and determined the premium charged <br />in reliance upon the State law affecting interests in real property and the State law applicable to the <br />interpretation, rights, remedies, or enforcement of policies of title insurance of the State where the Land <br />is located. <br />The State law of the State where the Land is located, or to the extent it controls, federal law, will <br />determine the validity of claims against the Title and the interpretation and enforcement of the terms of <br />this policy, without regard to conflicts of law principles to determine the applicable law. <br />b. Choice of Forum <br />Any litigation or other proceeding brought by the Insured against the Company must be filed only in a <br />State or federal court having jurisdiction. <br />17. NOTICES <br />Any notice of claim and any other notice or statement in writing required to be given to the Company under <br />this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875 <br />Concourse Parkway South, Suite 200, Maitland, Florida 32751. Telephone: (866) 629-5842. <br />18. ARBITRATION <br />a. All claims and disputes arising out of or relating to this policy, including any service or other matter in <br />connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising <br />out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only <br />when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the <br />Title Insurance Arbitration Rules of the American Land Title Association ("ALTA Rules"). The ALTA <br />Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to <br />a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American <br />Arbitration Association ("AAA Rules"). The AAA Rules are available online at www.adr.org. <br />b. If there is a final judicial determination that a request for particular relief cannot be arbitrated in <br />Copyright 2021 American Land Title Association. All rights reserved. � <br />n MMatnn <br />I -.-D fill <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 />
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