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<br /> 1.
<br /> SCHEDULE OF EXCLUSIONS .FROiVf COVERAGE
<br /> '.::he following matters are expressly excIpded froiT the coverage of this policy:
<br /> M11111Wnyy law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
<br /> tricting or regulating or prohiblting the occupancy, use or enjoymAnt of the land, or regulating the character,:_!
<br /> dimenalons or location of any improvement note or hereaftgr erected on the land, or pnlhfbiting a separation in
<br /> ownership or a reduction in the dimensions or area af.the land, or the effect of any violation of any such law, ardi- ' .•:•
<br /> nance or governmental regulation.
<br /> 5. Flights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears)
<br /> in the public records at Date of Policy.
<br /> Z. Dafects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the• '
<br /> insured claimant; (b) not known to the Company and not shown by the ,public records but known to the insured'!"
<br /> clelmant either at Date of Policy or at the date such claimant ac#lred an estate or interest insured by this policy y
<br /> and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became -. i+
<br /> an insured hereunder; (c) resulting in no loss or.damage to the insured claimant; (d) attaching or created subse
<br /> gt:.znt to Date of Policy; or (e)resulting hi loss or damage which would not have been sustained if the insured claim
<br /> zit had paid value for the estate or interest-insured by this policy. Y
<br /> Y
<br /> CONDITIONS AND S-7PULATIONS
<br /> 1. DEFINITION OF TERMS (b) The Insured shall notify the Company promptly In ai
<br /> The following terms when used In this policy menu: writing (1) in cage any action or proc[rding is begun or de-
<br /> as
<br /> s Interposed as set forth in (s) above, {II) In case knows- 'j
<br /> (a) "Insured": the Insured named In Schedule A, and,
<br /> ed a shall come to an insured hereunder of any claim of title
<br /> subject to any rights or defenses the Company may have or Interest which is adverse to the title to the estate or interest,
<br /> apmnst the named insured, those who succeed to the interest _ as insured, and which might cause loss or damage for which _
<br /> . of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (Ill) if
<br /> pu:•chase including, but not limited to, heirs, distrlbutees, title to the estate or interest, as insured, is rejected as un- ., .
<br /> devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be g(ven to the
<br /> corporate or fiduciary successors. Company, then as to such insured all liability of the Company'
<br /> (b) "insured claimant": an insured claiming loss or dam shatl cease and terminate in regard to the matter or matters ,
<br /> n c"under. for tVhich such prompt notice is required; provided, however,
<br /> - that failure to notify shall In no case prejudice the rights of any
<br /> (c) "knowledge": actual knowledge, not constructive such Insured under this policy unless the Company shall be
<br /> knowledge or notice which may be imputed to an Insured by pn+ludlt[ti by such failure and lhrn only to the extent of
<br /> :Mason of any public records. such nrejudieo.
<br /> (d) 'land": the land described, te an
<br /> specifically or by reference W(c) The Company shell have the right at its own coat
<br /> t; In Schedule A. and Improvements affixed thereto which by low Institute without undue delay prosecute any action to
<br /> constitute real property; provided, however, the term "lend" P
<br /> dog not include any property beyond the lines of the area proceeding or to do any other act which in its opinior
<br /> on may be
<br /> specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or
<br /> right, title, interest, estate or easement in abutting streets, interest as insured, and the Company may take any appro-
<br /> roads, avenues, alleys, lanes, ways or waterways, but nothino ppriate action under the terms of this policy, whether or not
<br /> herein shall modify or limit the extent to which n NgM 0
<br /> 1 a shall be liable thereunder, and shall not thereby concede
<br /> aemss to and from the land is insured by this policy.- .•- liability or waive any provision of this policy. • ,
<br /> (a) "mortgage": mortgage, deed of trust, trust deed, Or (d) Whenever tho Company shall have brought any action _ y!
<br /> other amurity instrument. or Interposed a defense as required or pennitted by the
<br /> (f) "public records": those records which by law Impart visions of this policy. the Company may pursue any such
<br /> _ construcive notice of matters relating to said land, litigation to final determination by a court of competent juris-
<br /> diction and expressly reserves the right, in its sole discretion, . .
<br /> to appeal from any adverse judgment or order.
<br /> 3. "ITLE UATtON L;F INSURANCE AFTER CONVEYANCE OF (e) 'In all cases where this policy permits or requires the
<br /> "TITLE • .
<br /> . Company to prosecute or provide-for the defense of any action ,r.
<br /> The coverage of this policy shall continue in force as of or proceeding, the Insured hereunder shall secure to the
<br /> ;late of Policy in favor of an Insured so long as such insured Company the right to so prosecute or provide defense In such. ',ir•,; ,•
<br /> retains an estate or Interest In the land, or holds an indebted• action or proceeding, and all appeals therein, and permit the r
<br /> ' ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for •,
<br /> r" chaser from such Insured, or so long as such insured Shall such purpose, Whenever requested by the Company, .such ,
<br /> ° have liability by reason of covenants of warranty made by insureds all give the Company all reasonable aid in any such
<br /> such insured in any transfer or conveyance of such estate or action or proceeding,In effecting settlement,securing evidence,
<br /> interest; provided, however, this poilcy shall not continue in obtaining witnesses, or prosecuting or defending such action -
<br /> force in favor of any purchaser ffrom such insured of either or proceeding, and the Company shall reimburse such Insured
<br /> :;ald estate or Interest or the Indebtedness secured by a pur- for any expense so incurred.
<br /> chrr_ money mortgage given to such insured.
<br /> 3' 4. NOTICE OF '.OSS—LIMITATION OF ACTION
<br /> y 7 :3. Z-FENSE AND PROSECUTION OF ACTIONS--NOTICE OF - - '
<br /> SLAtM TO BE GIVEN BY AN INSURED CLAIMANT - In nEdllion to the notices required under paragraph 3(b)
<br /> 1 %04 ahese Conditions and Stipulations, a statement in writing
<br /> (a) The Company, at its own cost and without undue r of any loss or damage for which It Is claimed the Company S;
<br /> delay, shall provide for the defense Of an insured In all litigs- Is liable under this policy shall be furnished to the Company
<br /> tion txrnslsting of actions or proceedings commenced against , . within 00 days after such loss or damage shall have been de-
<br /> such Insured. or a defense Interposed against an insured in an ternlned and no right of action shall accrue to an Insured
<br /> ;b lWton to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been
<br /> aid land, to the extent that such litigation Is founded upon furnished. Failure to furnish such statement of loss or damage <.
<br /> an alleged defect, lien, encumbrance, or other matter Insured - shall terminate any liability of the Company under this policy
<br /> ' against by this policy. as to such loss or damage.
<br /> 1 L a Continued on Front oP Back Cover
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<br /> F.
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