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CONDITIONS AND S~TIDNS
<br />}. 1?enmtipn cy TCrms.
<br />The to}Iowmg terms when used in this patty mean:
<br />4a: 'insured"' :he insured nomad in Schedule A, end. suttjett to any
<br />ghts or dslpnses the Lompany wourd have tier against the named insurer,
<br />'-those who succeed to the Interest Of Ne named insured by operation of law as
<br />diftinguished from purchase including. but net limited ca. hairs, distnbu:aas.
<br />d8visees. surncors, personal rapresenri;{vas, next of kin. or corporate ar
<br />fidunary successors
<br />Ili} "insured Dlalmant`: an insuretl tia}minp loss ar damage.
<br />Ili 'knowledge" or "known": actual knowledge, ndt corrstruc[Sve
<br />knowledge dr notice which may ba Imputed Id an insured by reason of U+e
<br />public records as defined in this pDliry or any other records welch impart
<br />Cdl15INC(ive natlC6 of matters BtfaCling InE land.
<br />Id} "land"'the Vantl CesuiDed pr re(Cnad to in Schedule A, rind
<br />improvemoras attlxed theretc which by lour tonal+tute .'ail property. Tha term
<br />`land' does not include any property beyond the tries cf the area described or
<br />feiprrad rJ to $CnF CI I.P. A, tint any right, Sale, interest, estate Or easement i^.
<br />aoutting streets, roads avenues. aUeys.:anes, wall or wa;envavs tu: noting
<br />herein shall mad +y or Ginn the eztert to which a oohs of access to and f-om the
<br />(and a insurt:d by ~dns parity.
<br />k! ' morpage° mcngace. dazd r,t oust rust GezC. or ether
<br />attur ry mstrumert
<br />(f) "public records" rCCords estabhs"~2d order state s:amtas a*. Data a'
<br />Policy for ;he pu ;osa of ;rspat+ng carstructive nonce o(maners relating in raze
<br />property tep~rch-area'pr va'ue and yvttnouc kno;viedga. Wrtn respect m
<br />Secuan tlahivi tit me ExUusions from Coverage. `public records' shall alro
<br />include environmental protecdan liens fled in the rewrds of she ue:k of she
<br />Unh+Bd States Disvia Coun for the district in vhich the Iantl is ~ocaced.
<br />(g} "unn,arketability vithe title'; en alleged or apparent matter
<br />affaptirtg the title So the Ianc, not excluded ar exCeDled troth coverage. WhiCi`
<br />'vduld entitle a purchaser of the estnie or intereitdescribed in Schedule A ro be
<br />` (leased from the obligation [o purchase try virtue c`. a Conbenual condit~an
<br />fe4wring the de!ivatY 0i marketable title.
<br />2 Cantrnoadon orrnsuranee Aher Cnnvayana o17da.
<br />Tor coverage of this Dalicy shalV conanae +n fares as of Date of Policy in
<br />savor of an insured only so long zs the msurad retains an estate m ineres i-
<br />tfte Lana, or bolas 2n mdebteGness secured by a Darchpse money mortgage
<br />preen oy a purchaser from the insured, or anly.ta rang as the insured shall have
<br />(lability Cv rector, of revenants of wananp• made ay the insuretl in env transfer
<br />or conveyance of the estate ar interest. This poliq• shall not wntinu'e in torte m
<br />favor o` cry purchaser from [fie insured of ehh6r i;) an estate or incases: in ins
<br />land. or 6i1 an mile^.tedness secured by a purchase money martgege given fo
<br />ilia insured.
<br />? Notice v`C(arn to be Given 6ylrtsured Clamant.
<br />The insareC shall notity the Company promptly in writing tit it ease Cf erg
<br />litiga[ror. as set Ionh in Sec[idn 41a> be'ow, (ill in Casa knowledge shall mine Sc
<br />an insured hereundc cf Eny Claim of thee or interest which is advDRa :a the
<br />title to the estate m interest. as insured, and which might cause loss a damage
<br />far which the Company mny'x tianle W virtue of this poetry, yr (iii} it dtte to tn8
<br />estate or interest. as insured. is rejeCec as unmarketable. It prompt notice shalt
<br />not 6a given to the Company, :hen as to the insured al! liability of the Company
<br />snail terminate w~tn regard to the mortar or nwtters for which prompt nmiCB +s
<br />required; provided. iovevar. drat failure to ratify the npmpeny shell in no tees
<br />prejudice the lights of any insured antler this poficy unless the Company shall
<br />be projutliesd try the failure and then only to tM Extent td the praiudice.
<br />d. De±enseandllrosacution of Actions.'QuryaflasutadClaimantto
<br />Conperare.
<br />~"~ la1 Upon written reques*. by the insured an7 subject to the options
<br />contained in Section 6 of tMSe Cantlitions and Stipulatioru, tfie Company, at its
<br />dwr, cost and without unreasonable d¢IaY. shalt provide far the defense of sn
<br />insured in litigation in whKh any th,rd party asaecs a claim edvern M the title
<br />of inteBSt as insur~t only as SO tnose stilted Causes at action dlltaing a
<br />defers. lien ar encumbrance pr other metier insured against by slits policy. if>e
<br />Company shall nave the right to select mussel of its choice (subject to the righ
<br />et the iruured taobject for reasonaple Causal to represent the insured as :D
<br />those statetl causes of action and shall net be liable for and will riot pay the
<br />tees of any other counsel. The Company will not pay env feel, costs or
<br />expenses incurred Dy the insured in the defense at those causes at action whs.
<br />allege marten not insured against by this policy.
<br />IbS The Company shall have the tight, at its nom cost, to institute and
<br />prosecute any anion or praceetling or to do any other act which rn r[s opinion
<br />may tie necsssary m dasiraDla to establisn the title [o the estate or imerest, a~.
<br />insurau, or to prevent or reduce toss or damage tc the insured The Gmpany
<br />may take any appropriate action under the ;arms D{ this policy, whether ar not
<br />shell 6e liable hereuntler, and snaU not dterebv ConcCda fiahility or waive any
<br />provision of this polity. It the Company shall exercise its rights under tnis
<br />paggrapn, !t shalt tlh so dligently.
<br />{c} Whenever the Company shalt have brought an aeupn or imerposed
<br />defense zs reauirea or permitted by the prwrsior5 c! :h+s policy. the Cvmpa~y
<br />may pursce any litigation to final determinarian by a court of tpmpetent
<br />jut+sdirdan ens expressly reserves the right, in its sole discretion. to appeal
<br />tram aria ad~~erse iutlgmer.t ar order
<br />id} ;n err cases whore this polity permis or requires the Cempa~y a
<br />prosecute cr p'oyide for the defense at any acuon or proceedng the +cs~re;
<br />shoe secure to ore Company the right to so prosecute or pramde aefense :n
<br />ih£ aC;:^•n or pfpCaeding, ant alt appeals [hatpin, and peimil [he Company r[
<br />use, ai its DDDon, the Hama of the insured for this Durpose. Whenever
<br />reques?ed by the Company, me msurad, at the Company s expense, shall grv
<br />ttte Cempanv at( reasonable aid fit in any anion or proceed`ng. securing
<br />evidence. oatainmg witnesses, prpsecutiag or defending the action or
<br />proceeding, or effecting settlement and Iii{ in any other ;awful act which in
<br />ilia opinion of the Company may De necessary or tlesirable tc establish ;he
<br />title tv :he estau or interest as insured. Ii the Company is prejudiced 6y the
<br />seduce o' the insured to furnish the required cooperation. the Company's
<br />obligations to the insured under the policy shall terminate. includ~nc any
<br />liability or oblica[ion to defend, prosecute. or continua any liiiga;~.or, with
<br />regard to me mortar or matters re4uirinp such cooperation.
<br />5. Pros! o/ toss or Damage.
<br />In addition to and altar ins notices required under Serian ? ct Buse
<br />Condirc.^s and Stlpulations have been provided the Company. a groat a` Ivss ;
<br />damepe stoned aM swam tp by the insured claimant shall be fum(sced to tae
<br />Ccmpa~Y withinla0 tlays attar ilia insured claimant shall ascertain the facts
<br />givlag r'isa to the loss ar damage. Tree proof of loss or Carnage shall desriae T.
<br />defect in, cr fiat. or encumbance on the title. or other mater insured agams: t
<br />[his pDffry Wraith ppnstitutes the basis of loss pr damepe acrd shaA state, to inl
<br />extent possible, the basis a1 caftutating the amount of the lots or damage. l'
<br />the Ccmpany rs prejudiced by the failure of the insured claimant to provide the
<br />re^.uhed ;roof of loss crdamage. the Company s obhgaticns to the insuretl
<br />under tie po:my shz,l terminate, indudinp any liability or ob:ipaaan td cefend.
<br />prosecute. v: tandnue any litigation, with ragarC to Ne mane+ yr matters
<br />reoui; trip such Dinar of loss or darnage.
<br />In adcition. iM insured claimant may reasonably be regiared to submit tt
<br />examination under oes 6y any etdttari:ed represenative of the Lompany and
<br />shall produce far examination, inspection ecw copying, at such reasanatfe [:mi
<br />and places as may bD datignited by airy authorised repreSBmative cf the
<br />Conroany, alt records. books. ledgers. checks. conespandente and menwrenda
<br />whether heerinp a dace Detpre or attar Date of Paltry, which reasonably parcel
<br />m the loss ar damage. Ftmher, it requested by any authori[ed representat-ve a
<br />the Company, tie insured claimant Snell grant its permission. in writing, fog ar
<br />etrthvrized representative at the Company ro examine, inspect and copy all
<br />records. books, ledgers, checks. Correspondence and mamorartda in the Gusto[
<br />a cdntrcl of a TIirO parry, which reasonably pertair. to the loss ar damepe. All
<br />tCMrinwd pre iaxidp DiCY Cdv,
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