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CONDITIONS AND STIPULATIONS <br /> 1. DEFINITION OF TERMS. �c)Whenever the Company shall have brought an action or interposed a <br /> de ense as required or permitted by the provisions of this policy, the <br /> The following tetras when used in this policy mean: Company may pursue any litigation to final determination by a court of <br /> competent jurisdiction and expressly reserves the right,in its sole discretion, <br /> (a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order. <br /> rights or defenses the Company would have had against the named insured, <br /> those who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to <br /> as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the <br /> distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide <br /> corporate or fiduciary successors. defense in the action or proceeding,and all appeals therein,and permit the <br /> (b) "insured claimant": an insured claiming loss or damage. Company to use, at its option, the name of the insured for this purpose. <br /> c) "knowledge" or "known": actual knowledge, not constructive Whenever requested by the Company, the insured, at the Company's <br /> ( g " g expense, shall give the Company all reasonable aid (i) in any action or <br /> knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or <br /> public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (ii) in any <br /> constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or <br /> (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the <br /> improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required <br /> tern "land" does not include any property beyond the lines of the area cooperation, the Company's obligations to the insured under the policy <br /> described or referred to in Schedule A, nor any right , title, interest, estate shall terminate,including any liability or obligation to defend,prosecute,or <br /> or easement in abutting streets, roads, avenues, alleys, lanes, ways or continue any litigation, with regard to the matter or matters requiring such <br /> waterways, but nothing herein shall modify or limit the extent to which a cooperation. <br /> right of access to and from the land is insured by this policy. S. PROOF OF LOSS OR DAMAGE. <br /> (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these <br /> instrument. Conditions and Stipulations have been provided the Company, a proof of <br /> (f) "public records": records established under state statutes at Date of loss or damage signed and sworn to by the insured claimant shall be <br /> Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall <br /> to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or <br /> respect to Section 1(a) (iv) of the Exclusions From Coverage, "public damage shall describe the defect in, or lien or encumbrance on the title, or <br /> records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of <br /> records of the clerk of the United States district court for the district in loss or damage and shall state, to the extent possible, the basis of <br /> which the land is located. calculating the amount of the loss or damage. If the Company is prejudiced <br /> by the failure of the insured claimant to provide the required proof of loss <br /> (g)"unmarketability of the title": an alleged or apparent matter affecting or damage,the Company's obligations to the insured under the policy shall <br /> the title to the land, not excluded or excepted from coverage, which would terminate, including any liability or obligation to defend, prosecute, or <br /> entitle a purchaser of the estate or interest described in Schedule A to be continue any litigation, with regard to the matter or matters requiring such <br /> released from the obligation to purchase by virtue of a contractual proof of loss or damage. <br /> condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit <br /> 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the <br /> OF TITLE. Company and shall produce for examination, inspection and copying, at <br /> such reasonable times and places as may be designated by any authorized <br /> The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers, checks, <br /> favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after <br /> in the land, or holds an indebtedness secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further, if <br /> mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured <br /> insured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized <br /> insured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records, <br /> shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or <br /> either(i)an estate or interest in the land, or(ii)an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. <br /> a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided <br /> to the Company pursuant to this Section shall not be disclosed to others <br /> 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the <br /> The insured shall notify the Company promptly in writing i in case of administration of the claim. Failure of the insured claimant to submit for <br /> y p y p p y . g O examination under oath, produce other reasonably requested information <br /> any litigation as set forth in Section 4(a)below, (ii)in case knowledge shall or grant permission to secure reasonably necessary information from third <br /> come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the <br /> adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim. <br /> cause loss or damage for which the Company may be liable by virtue of <br /> this policy, or(iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; <br /> unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY. <br /> to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy,the Company shall have the following <br /> the matter or matters for which prompt notice is required; provided, <br /> however, that failure to notify the Company shall in no case prejudice the additional options: <br /> rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. <br /> prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under <br /> this policy together with any costs, attorneys' fees and expenses incurred by <br /> 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the insured claimant, which were authorized by the Company, up to the <br /> INSURED CLAIMANT TO COOPERATE. time of payment or tender of payment and which the Company is obligated <br /> to pay. <br /> (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and <br /> contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the <br /> at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to <br /> defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be <br /> adverse to the title or interest as insured,but only as to those stated causes surrendered to the Company for cancellation. <br /> of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured or <br /> against by this policy. The Company shall have the right to select counsel With the Insured Claimant. <br /> of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name <br /> cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together <br /> not be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured <br /> Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by the Company up to time of payment <br /> in the defense of those causes of action which allege matters not insured and which the Company is obligated to pay; or <br /> against by this policy. (ii) to pay or otherwise settle with the insured claimant the loss or <br /> damage provided for under this policy, together with any costs, attorneys' <br /> (b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized <br /> prosecute any action or proceeding or to do any other act which in its by the Company up to the time of payment and which the Company is <br /> opinion may be necessary or desirable to establish the title to the estate or obligated to pay. <br /> interest, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for <br /> The Company may take any appropriate action under the terms of this in paragraphs(b)(i) or(ii), the Company's obligations to the insured under <br /> policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments <br /> concede liability or waive any provision of this policy. If the Company required to be made,shall terminate,including any liability or obligation to <br /> shall exercise its rights under this paragraph,it shall do so diligently. defend, prosecute or continue any litigation. <br /> Conditions and Stipulations Continued Inside Cover <br /> B 1190-21A <br />