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' SCHLE OF EXCLUSIONS FROM RAGE <br />The following matters are expre ly excluded from the coverage of this policy: <br />1. Any law, ordinance or governmental regulation (including but not limited to building nd zoning ordinances) re- <br />stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, o regulating the character, <br />dimensions or location of any improvement now or hereafter erected on the land, or rohibi[ing a separation in <br />ownership or a reduction in the dimensions or area of the land, or the effect of any viola ion of any such law, ordi- <br />nance or governmental regulation, <br />2. Rights of eminent domain or governmental rights of police power unless notice of the exec <br />in [he public records at Date of Policy. <br />3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, as <br />insured claimant; (h) not known to the Company and not shown by the public records <br />claimant either a[ Date of Policy or at the date such claimant acquired an estate or in[e <br />and not disclosed in writing by file insured claimant to the Company prior to the date sot <br />an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) a <br />quent to Date of Policy; or (e) resulting in loss or damage which would no[ have been su: <br />an[ had paid value for the estate or interest insured by this policy, <br />CONDITIONS AND STIPULATIONS <br />1. DEFINITION OF TFRMS <br />The following terms when used in this policy mean <br />(a) "insured": the insured named in Schedule A, and. <br />subject to any rights or defenses the Company may have <br />against [he named insured, those who succeed to the interest <br />of such insured by operation of law as distinguished from <br />purchase including, but not limited to, heirs, dislribu[ees. <br />devisees, survivors. personal representatives, next of kin, or <br />corporate or fiduciary successors. <br />(b) "insured claimant": an insured claiming loss or dam- <br />age hereunder. <br />(c) "knowledge": actual knowledge, not constructive <br />knowledge or notice which may 6e imputed to an insured by <br />reason of an}• public records. <br />(d) "land": thr land described, specifically or by reference <br />in Schedule A, and improvemen LS affixed [hereto which by law <br />constitute real properly; provided, however, the term "land" <br />does not include any property beyond the lines of the area <br />specifically described or referred to in Schedule A, nor any <br />right, title, interest, estate or easement in abutting streets, <br />roads, avenues, alleys, lanes, ways or waterways, but nothing <br />herein shall modify or limit [he extent to which a right of <br />access to and from the land is insured by this policy. <br />(e) "mortgage": mortgage, deed of trust, trust deed, or <br />other security instrument. <br />(f) "public records": those records which by law impart <br />constructive notice of matters relating to said land. <br />Z. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF <br />TITIE <br />The coverage of this policy shall continue in force as of <br />Date of Policy in favor of an insured so long as such insured <br />retains an estate or interest in the land, or holds an indebted- <br />ness secured by a Purchase money mortgage given by a pur- <br />chaser from such insured, or so long as such insured shall <br />have liability by reason of covenants of warranty made by <br />such insured in anv transfer or conveyance of sugh estate or <br />interest; provided, however, this policy shall not continue in <br />force in favor of any purchaser from such insured of either <br />said estate or interest or the indebtedness secured by a pur- <br />chase money mortgage given to such insured. <br />3, DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF <br />CIAIM TO BE GIVEN BY AN INSURED CLAIMANT <br />(a) The Compan}•, at its own cost and without undue <br />delay, shall provide for the defense of an insured in all litiga- <br />tion consisting of actions or proceedings commenced against <br />such insured. or a defense interposed against an insured in an <br />action to enforce a contract for a sale of the estate or interest <br />in said land. to the extent that such litigation is founded upon <br />an alleged detect, lien, encumbrance, or other matter insured <br />against by this policy. <br />(h) The insured shall notify tl <br />writing (i) in case any action or p <br />tense is interposed as set forth in (a) <br />edge shall come to an insured hereu <br />or interest which is adverse to the tit <br />as insured, and which might cause <br />the Company may be liable by virtu <br />title to the estate or interest, as i <br />marketable. I! such prompt notice <br />Company, then as to such insured al <br />shall cease and terminate in regard <br />(or which such prompt notice is req <br />that fa ilrire to notify shall in no case <br />such insured under this policy unle <br />prejudiced by such failure and the <br />such prejudice. <br />(c) The Company shall have the <br />institute and without undue delay <br />proceeding or to do any other aft wh <br />necessary or desirable to establish t <br />interest ~as insured. and the Compai <br />priate action under the terms of chi <br />it shall be liable thereunder, and st <br />liability or waive any provision of th <br />(d) Whenever the Company shall <br />or interposeA a defense as required <br />visions of this policy, the Company <br />litigation to final determination by a <br />diction and expressly reserves the ri( <br />to appeal from any adverse judgmen <br />(e) In all cases where this polic! <br />Company to prosecute or provide for <br />or proceeding, the insured hereum <br />Company the right to so prosecute o' <br />action or proceeding, and all appeale <br />Company to use, a[ its option, the r <br />such purpose. Whenever requested <br />insured shall give the Company all re <br />action or proceeding, in effecting set[1 <br />obtaining witnesses, or prosecuting i <br />or proceeding, and the Company shat <br />for any expense so incurred. <br />of such rights appears <br />med or agreed to by the <br />~[ known to [he insured <br />>[ insured 6y this policy <br />insured claimant became <br />tching or created subse- <br />ined if the insured claim- <br />e Company promptly in <br />ceeding is begun or de- <br />above, (ii) in case knowl- <br />der of any claim of title <br />e to the estate or interest, <br />ss or damage for which <br />of this policy, or (iii) if <br />sured, is rejected as um <br />hall not be Riven to the <br />liability of the Company <br />to the matter dr matters <br />:e the rights o(any <br />Company shall 6e <br />to the extent of <br />right at its own cost to <br />rosecule any action or <br />ch in its opinion may he <br />ie title to the estate or <br />y may take any appro- <br />policy, whether or not <br />rll not thereby concede <br />s policy. <br />have brought any action <br />~r permitted by the pro- <br />may pursue any such <br />~.ourt of competent juris- <br />it, in its sole discretion, <br />or order. <br />permits or requires the <br />he defense of any action <br />er shall secure to the <br />provide defense in such <br />therein, and permit the <br />tine of such insured for <br />by the Company, such <br />isonable aid in any such <br />ment, securing evidence, <br />r defending such action <br />reimburse such insured <br />4. NOTICE OF LOSS -LIMITATION Oq ACTION <br />In addition to the notices requin <br />of these Conditions and Stipulations, <br />of any loss or damage (or which it <br />is liable under this policy shall be fu <br />within 90 days after such loss or dan <br />termined and no right of action sha <br />claimant until 30 days after such st: <br />furnished. Failure to furnish such star <br />shall terminate any liability of the Co <br />es to such loss or damage. <br />i under paragraph 3(h) <br />a statement in writing <br />claimed the Company <br />nished to [he Company <br />age shall have been de- <br />l accrue to an insured <br />:emetic shall have been <br />ment of loss or damage <br />apany under this policy <br />Continued on Front of Back Cover <br />.r <br />