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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
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