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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.
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