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CONDITIONS <br /> 1.DEFINITION OF TERMS <br /> In this policy,the following terms have the meanings given to them below.Any defined term includes both the singular and the plural,as the context requires: <br /> (a)"Affiliate".An Entity. <br /> (i)that is wholly owned by the Insured; <br /> (u)that wholly owns the Insured;or <br /> (iii)if that Entity and the Insured are both wholly owned by the same person or entity. <br /> (b)"Amount of Insurance":The Amount of Insurance stated in Schedule A,as may be increased by Condition 8(d);decreased by Condition 10 or 11;or increased <br /> or decreased by endorsements to this policy <br /> (c)"Date of Policy".The"Date of Policy"stated in Schedule A. <br /> (d)"Discriminatory Covenant":Any covenant,condition,restriction,or limitation that is unenforceable under applicable law because it illegally discnminates against <br /> a class of individuals based on personal characteristics such as race,color,religion,sex,sexual orientation,gender identity,familial status,disability,national <br /> origin,or other legally protected class. <br /> (e)"Enforcement Notice" A document recorded in the Public Records that describes any part of the Land and: <br /> (i)is issued by a governmental agency that identifies a violation or enforcement of a law,ordinance,permit,or governmental regulation, <br /> (i)is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power;or <br /> (in) asserts a right to enforce a PACA-PSA Trust. <br /> (f)"Entity":A corporation,partnership,trust,limited liability company,or other entity authorized by law to own title to real property in the State where the Land is <br /> located. <br /> (g)"Insured <br /> (i)(a)The Insured named in Item 1 of Schedule A; <br /> (b)the successor to the Title of an Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors,personal <br /> representatives,or next of kin; <br /> (c)the successor to the Title of an Insured resulting from dissolution,merger,consolidation,distribution,or reorganization; <br /> (d)the successor to the Title of an Insured resulting from its conversion to another kind of Entity;or <br /> (e)the grantee of an Insured under a deed or other instrument transferring the Title,if the grantee is: <br /> (1)an Affiliate; <br /> (2)a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured, <br /> (3)a spouse who receives the Title because of a dissolution of marriage; <br /> (4)a transferee by a transfer effective on the death of an Insured as authorized by law,or <br /> (5)another Insured named in item 1 of Schedule A. <br /> (n)The Company reserves all nghts and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. <br /> (hyInsured Claimant":An Insured claiming loss or damage arising under this policy. <br /> ()"Knowledge"or"Known":Actual knowledge or actual notice,but not constructive notice imparted by the Public Records. <br /> (f)"Land"'The land described in Item 4 of Schedule A,and improvements located on that land at the Date of Policy that by State law constitute real property.-The <br /> term"Land"does not include any property beyond that described in Schedule A,nor any right,title,interest,estate,or easement in any abutting street,road, <br /> avenue,alley,lane,right-of-way,body of water,or waterway,but does not modify or limit the extent that a right of access to and from the Land is insured by this <br /> policy. <br /> (k)"Mortgage"•A mortgage,deed of trust,trust deed,security deed,or other real property security instrument,including one evidenced by electronic means <br /> authorized by law. <br /> (I)"PACA-PSA Trust":A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal <br /> law. <br /> (myPublic Records The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or <br /> filed to impart constructive notice of matters relating to the Title to purchaser for value without Knowledge.The term"Public Records"does not include any other <br /> recording or filing system,including any pertaining to environmental remediation or protection,planning,permitting,zoning,licensing,building,health,public, <br /> safety,or national security matters. <br /> (n)"State".The state or commonwealth of the United States within whose exterior boundaries the Land is located.The term"State"also includes the District of <br /> Columbia,the Commonwealth of Puerto Rico,the U.S.Virgin Islands,and Guam. <br /> (o)'Title":The estate or interest in the Land identified in Item 2 of Schedule A. <br /> (p)"Unmarketable Title":The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title <br /> to be released from the obligation to purchase,lease,or lend if there is a contractual condition requiring the delivery of marketable title. <br /> 2. CONTINUATION OF COVERAGE <br /> This policy continues as of the Date of Policy in favor of an Insured,so long as the Insured: <br /> (a)retams an estate or interest in the Land; <br /> (b)owns an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or <br /> (c)has liability warranties given by the Insured in any transfer or conveyance of the Insured's Title. <br /> Except as provided in Condition 2,this policy terminates and ceases to have any further force or effect after the Insured conveys the Title.This policy does not <br /> continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given <br /> to the Insured. <br /> 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT <br /> The Insured must notify the Company promptly in wnting if the Insured has Knowledge of. <br /> (a)any litigation or other matter for which the Company may be liable under this policy,or <br /> (b)any refection of the Title as Unmarketable Title. <br /> If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under this policy is <br /> reduced to the extent of the prejudice. <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 proof of loss.The proof of loss must describe the defect, <br /> lien,encumbrance,adverse claim,or other matter insured against by this policy that constitutes the basis of loss or damage and must state,to the extent possible,the <br /> basis of calculating the amount of the loss or damage. <br />