ERRORS AND OMISSIONS FORM
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STANDARD FIRE INSURANCE POLICY for Alabama, Alaska, Arizona, Arkansas, Colorado Connecticut, Delaware, District of Columbia, Florida, Georgia', Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansos, Kentucky, louisiana, Moine, Maryland, Michigan, Mississippi, Missouri, Montano, N~braska, Nevado, New Hampshire, New Jersey, New Mexico, New York, Nprth Carolina, North
Dakota, OhiO, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, VIrginia, Washington, West Vlrginlo, Wisconsin and Wyoming.
tE TRAVELERS INSURANCE CO~IES
(Each A Stack Insurance Company)
HARTFORD. CONNECTICUT
It is important that the written portions of all policies covering the same property read exactly alike, If they do not, they should be made uniform at once,
POLICY NUMBER TRC-135T257-5-77
The insurer for this policy is that designated by an "X". Reference in this policy to "this Company" means the insurer so designated,
iQi THE TRAVELERS INDEMNITY COMPANY
o THE TRAVELERS INDEMNITY COMPANY OF RHODE ISLAND
o THE TRAVELERS INDEMNITY COMPANY OF ILLINOIS
o THE CHARTER OAK FIRE INSURANCE COMPANY
Insured's U S Home Corporation and
Name ". ... .
and U. S. Home Mortgage Corporat~on
Mailing One Countryside Office Park
Address
Clearwater, FL 33518
9....01-78
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POlicy
Term:
9-01-77
Inception (Mo. Dav Yr.)
1 year
c~c,
Item
No.
-
Expirotion (Mo. Dav Yr.) Years
DESCRIPTION AND LOCATION OF PROPERTY COVERED
Show a,ddreu (No., Street, City, County, State, Zip Code), construction, type of roo' and occupancy a. building(s) covered or containing property covered. If occupied 01 a dwelling
.tate if building Is a leolonol or 'arm dwelling. If commercial .'ate exact nature of produd (and whether manufacturer, wholesaler or retailer) or the service or activity involved.
1.
AS PER ERRORS AND OMISSIONS FO:RMJ.ATTACHED
Subject to Form No(s), 290-1(6-65); F4607; F4607A attached hereto.
INSERT FORM NUMBER(sl AND EDITION DATE(S)
Mortgage Clause: Subject ta the provisions of the mortgage clause attached hereto, loss, if any, on building items, shall be payable to:
INSERT NAME(S) OF MORTc;AGEE(sl AND MAILING ADDRESS(ESl
INSURANCE IS PROVIDED AGAINST ONLY THOSE PERilS AND FOR ONLY THOSE COVERAGES INDICATED BElOW BY A PREMIUM CHARGE AND AGAINST OTHER PERilS AND FOR OTHER
COVERAGES ONLY WHEN ENDORSED HEREON OR ADDED HER.ETO,
Item PERIL(S) INSURED AGAINST Percent o' Deductible Amount of Prepoid or Instolment In,'alment
No. AND COVERAGE(S) PROVIDED ~o-Inlurance Amount Insurance Rote Premium Due At Premium Due At
(INSERT NAME OF EACH) Appllcoble Inception Each Anniversary
1. FIRE AND LIGHTNING $ $ $Included $
EXTENDED COVERAGE xxxxxxx
AS PER ERRORS AND OM SSIONS F DRM ATTACHE!:
10-5-77
TOTAL(S) $'" 1 1 1
TOTAL PREMIUM FOR POLICY TERM PAID IN INSTALMENTS $
Clearwater, Florida ~~~~~~~C:A
(
$
)
Countersignature Dote
Agency at
Agent
IN CONSIDERATION OF THE PROVISIONS AND STIPULATIONS HEREIN OR ADDED HERETO AND OF the premium above specified, this Company,
for the term of years specified above from inception date shown above At Noon (Standard Time) to expiration date shown above At Noon (Standard Time)
at location of property involved, to an amount not exceeding the amount(s) above specified, does insure the insured named above and legal representa-
tives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair Or replace the
property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair Or reconstruc-
tion'by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or man-
ufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND BY REMOVAL FROM PREM-
ISES ENDANGERED BY THE PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED, to the property described herein
while located or contoined as described in this policy, or pro rota for five days at each proper place to which any of the property shall necessarily be re-
moved for preservation from the perils insured against in this policy, but not elsewhere.
Assignment of this policy shall not be valid except with the written consent of this Company.
This policy is made and accepted subiect to the foregoing provisions and stipulations and those hereinofter stated, which are hereby made a part of
this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy.
F-6912 7-72 PRINTED IN U.S.A.
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This Ire policy shall be void if, whether
befor r after a loss, the insured has wil-
fully . oncealed or misrepresented any ma-
terial fact or circumstance concerning this insurance or the
subject thereof, or the interest of the insured therein, or in case
of any fraud or false swearing by the insured relating thereto.
Uninsurable This policy sholl not cover accounts, bills,
and currency, deeds, evidences of debt, money or
excepted property. securities; nor, unless specifically named
hereon in writing, bullion or manuscripts,
This Company shall not be liable for loss by
fire or other perils insured against in thLs
policy caused, directly or indirectly, by, 10)
enemy attack by armed forces, including action taken by mili-
tary, naval or air forces in resisting an actual or an immediately
impending enemy attock; Ib) invasion; lei insurrection; Idl
rebellion; lei revolution; III civil war; IgI usurped power; Ihl
order of any civil authority except acts of destruction at the time
of and lor the purpose of preventing the spread 01 fire, provided
that such fire did not originate from any of the perils excluded
by this policy; Iii neglect of the insured to use all reasonable
meao,.tto save and preserve the property at and alter 0 loss, or
when thl' property is endangered by fire in neighboring prem-
ises; iii nor shall this Company be liable for loss by thelt,
Other Insurance. Other insurance may be prohibited'_'PC the
amount of insurance may be limited by en-
dorsement attached hereto,
Conditions suspending or restricting insurance. Unless other-
wise provided in writing added hereto this Company shall not
be liable for loss occurring
101 while the hazard is increased by any means within the con-
trol or knowledge of the insured; or
Ibl while 0 described building, whether intended for occupancy
by owner or tenant, is vacant or unoccupied beyond a. peliod of
sixty consecutive days; or
Icl as 0 result of explosion or riot, unless fire ensue, and in
that event for loss by fi re only.
Other perils Any other peril to be insured against or sub-
or subjects. ject of insurance to be covered in this policy
shall be by endorsement in writing hereon or
added hereto.
Added provisions. The extent 01 the application of insurance
under this policy and 01 the contribution to
be made by this Company in case 01 loss, and any other pro-
vision or agreement not inconsistent with the provisions of this
policy, may be provided for in writing added hereto, but no pro~
vision may be waived except such as by the terms 01 .this policy
is subject to change.
Waiver
provisions.
Conceolment,
fraud.
Perils not
included.
No permission affecting this insurance sholl
exist, or waiver of any prOVISIon be valid,
unless granted herein. or expressed in writing
added hereto, No provision, stipulation or forfeiture shall be
held to be waived by any requirement or proceeding on the pari
of this Company relating to appraisal or to any examinotioJ1
provided for.berein,
. C....ei>liation
of policy.
This policy shall be cancelled at any time
at the request 01 the insured, in which case
this Company shall, upon demand and sur.
render 01 this policy, refund the excess 01 poid p,emium above
the customary short rates lor the expired time. This poi-
icy may be cancelled at any time by this Company by giving
to the insured '-0 -five days' 'written notice 01 cancellation with
or without tender of the excess of paid premium above the pro
rata premium for the. expired 'j-ime, which excess, -if""TlOt ten~
dered, shall be relunded on demand. Notice of cancellation shall
state that said excess premium lif not tenderedl will be re-
.funded on de.mand,
. _ Modgagee
interests and
obligatio!!s.
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II loss hereunder is made payable, in whole
or in part, to a designated mortgagee not
named herein 'as the insured, such interest in
this policy may be cancelled by giving to such i
mortgagee a ten days' written notice of can.
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84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
i 112
i 113
1114
'115
i 116
'117
1118
1119
, 120
121
122
123
124
125
, 126
127
128
-129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
-:/56
157
158
159
160
161
162
163
164
165
relating to tl interests and obligations of such mortgagee may
be added he 0 by agreement in writing,
Pro rata liability. This Company shall not be liable for a greater
proportion 01 any loss than the amount
hereby insured sholl bear to the whole insurance covering the
property against the peril involved, whether collectible or not,
Requirements in The insured sholl give immediate written
case loss occurs. notice to this Company of any loss, protect
. theprojDerty Iromlurther damage, lorthwith
separate the damaged - .and ..lJndamci'ged personal property, put
it in the best possible order, lurnish 0 complete inventory of
the destroyed, damaged and undamaged property, showing in
detail quantities, costs, actual cash value and amount of 'Ioss
claimed; and within sixty days after the loss, unless such time
is extended in writing by this Company, the insured shall render
to this Company a proof of loss, signed and sworn to by the
insured, stating the knowledge and belief 01 the insured os to
the following, th.. time e>nQ o,igin 01 the loss, the interest of the
insured and 01 all alli-ers1" the property, the GClu,,1 cash value 01
eac~:,ile;mthereol and the. amount of loss Iher,eto, all encum-
branc.es- th6'r~o!lr -aU other. caotroc.ts _of ins.uranc~, whether valid
or not, covering-"ny_o.f said prciperty,any'chang6S in the title,
use, occupation, JQcot~on, possessi_dri....cir. .exp.bsu.r~$ Df said prop-
erty since the issuing of this policy, by whom and for what
purpose - 'any - building herein described' dnd - tile several ports
thereof "';ere. occupied at the time of loss and whether or not it
then stood on leased ground,and shall furnish a copy of all the
descriptions and schedules in all policies and, if required, verined
plans and specifications of any building, fixtures or machinery
destroyed or damaged. The insured, as often as may be reason-
ably required, shall exhibit to any person designated by this
Company all that remains of any property herein described, and
submit to examinations under oath by any person named by this
Company, and ,subscribe the. some; .and, as often os may be
reasonably ;equlred, shall produce fOi examination all books of
account, bills, invoices and other vouchers, or certified copies
thereol if originals be lost, at such reasonable time and place as
may be designated by this Company .or its representative, and
shall permit extracts and copies thereof to be made,
Appraisal. In case the insured and this Company sholl
f(]il to agree as to the actual cash value or
the amount of loss, then, on the written demand of either, each
shall select a competent and disinterested appraiser and notify
the other of the appraiser selected within twenty days 01 such
demand, The appraisers .holl first select a competent and dis-
inte.r~ste(j umpire;. and 'failing for fifteen days to agree upon
such umpire, then, on request of the insured or this Company,
such umpire shall be selected by a judge of a court 01 record in
the state in which the property covered is located, The ap-
praisers shall then appraise the loss, stating separately actual
cash value and loss to each item; and, lailing 10 agree, shall
submit their differences, only, to the umpire. An award in writ-
ing, so itemized, of any two when filed with this Company shall
determine the amount of actual cash value and loss. Each
appraiser shall be paid by the party selecting him and the ex-
penses 01 appraisal and umpire shall be paid by the parties
equaily.
Company's
options.
cellation,
II. the insured lails to render proof 01 loss such. mo'rigagee, up.on
notice, s~lall render proof of loss in the form herein specified
within sixty 1601 days therealter and shall be subject to the pro.
visions hereof relating to appraisal and time 01 payment and of
bringing suit. II this Company sholl claim that no liability ex-
isted as to the mortgagor or owner, it shall, to the extent 01 pay-
ment of loss to the mortgagee, be subrogated to all the mort-
gagee's rights 01 recovery, but without impairing mortgagee's
right to sue; or it may payoff the mortgage debt and require
an assil'lnment the real and of the mortgage, Other provisions
It shall be optional with this Company 10
take all, or any part, of the property at the
agreed or appraised value, and also to re-
pair, rebuild or replace the property destroyed or damaged with
other 01 like kind and quality within 0 reasonable time,. on giv-
ing nptice-of itsJntention so .to d.o. within thirty days after the
receipt of the proof of loss herein required.
Abondonment, There can be no abandonment to this Com-
pany of any property,
The emount 01 loss lor which this Company
may be liable shall be payable sixty days
after proof of loss, as herein provided, is
received by this Company and ascertainment of the loss is mode
either by agreement between the insured and this Company ex-
pressed in writing or by the filing with this Company of an
aWQrd (IS herein provided, .
, .... Suit. No suit or action on fhis policy for the recov-
ery of any claim shall be sustainable
court of law or equity unless all the requirements of this
shall have been complied with, and unless commenced
twelve months next alter inception 01 the loss.
Subrogation. This Company may require from the insured
on assignment 01 all right of recovery ogeinst
to the extent that payment therelor is made
When loss
payable.
in any
policy
within
any party lor loss
by this Company,
IN WITNESS WHEREOF, this Company has executed and attested the~e presents; bl!t this policy shall not be valid unless
countersigned by the duly authorized Agent of this Company at the agency herembefore mentIOned,
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ATTACH FORM.BELOWTHIS LINE
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ERRORS AND OMISSIONS FORM
No. 290-1
Ala.-Fla.
Ga,-S. C.
(Edition 6-65)
TRC-135T257-5-76
Attached to a1Rf/1SJtEErIs Ofl ~06i8'I\~Orryh'-C-O~rp7i.l\rv ___of
_________h______ --.---..-----..-----..--------------.--.----------NAM E OF INS U RANCE CO M PAN'Y -.--..----...
issued at its _~RIfc~~.R. ..ow~I...-.--.-..-sTATE...,--...h..u.hu--hAgency.
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the
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Dated ...__..09-01-76
..Agent.
SECTION I
A. LIMIT OF LIABILITY: Subject to the prOVISIOns and stipulations in this form and In the policy to which this
form is attached, the limit of this Company's liability is:
$---5.Q...2.Q,g.Quhuwith respect to the property specified in anyone mortgage, under Section II, or Section III-A, or under both
Sections II and III-A; and any loss hereunder shall not reduce said limit of this Company's liability.
B. Insurance as provided hereunder applies to the category(ies) specified by the insertion of the estimated average num-
ber of mortgage loaf~~at will be in force during the term of this policy, as follows:
-_...-:-:u....hn...h....n mortgage loans owned by the named Insured;
mortgage loans serviced by the named Insured for the account of others;
1 30--.....
- ... Total.
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SECTION II
A. COVERAGE-MORTGAGEE INTER'EST: Subject to the limit of liability specified above, this Company agrees to
indemnify the Insured for loss to the Insured's mortgagee interest (including the Insured's mortgagee interest in any legal fidu-
ciarycapacity) in real property and in personal property mortgaged in connection therewith, when such loss occurs through error
or accidental omission on the part of the Insured (or those representing the Insured) in the operation of the Insured's customary
procedure in requiring, procuring and maintaining valid policies or other evidences of insurance against the perils described below,
(I) payable to itself as mortgagee, and
(2) on such property during and after foreclosure by the Insured or when
sold under a conditional sales agreement or other instrument whereby
title remains with, the Insured:
if, by reason of such error or accidental omission, requisite insurance is not in force at the time of loss.
1. Perils: Only those perils against which the Insured customarily requires its mortgagors to provide policies of in-
surance to protect its mortgagee interest(s).
2. Mortgage Loans Serviced for the Account of Others: If the Insured services mortgages under a written contract or
agreement with one or more principals and the number of such mortgages is included in the estimate above, this
insurance covers as though the Insured owned the mortgage interest under mortgages serviced for the account of
others, and any payments hereunder shall be made jointly to the named Insured and the owner of the mortgage.
3. Limit of Liability: The liability of this Company, within the limit specified above, shall not exceed the smallest of
the following:
(a) The amount of the actual direct loss to the property damaged or des\royed, determined in accordance with the
conditions of the policy(ies) of insurance which would have covered the loss had no error or accidental omis-
sion occurred, less the amount due the Insured under all other insurance on such property;
(b) The amount that would be due from that part of the insurance which should have been procured and maintained
by the Insured (under terms and conditions cus tomarily accepted by the Insured) but which, because of error or
accidental omission, is lacking;
(c) The amount of the Insured's mortgagee interest;
(d) The amount represented by no greater proportion of any loss than the limit specified above bears to the whole
amount. of any errors and omissions insurance whether collectible or not.
SECTION III
A. COVERAGE-MORTGAGEE LIABILITY: Subject to the limit of liability, this Company agrees to pay on behalf
of the Insured all sums which the Insured shall become legally obligated to pay as damages in any mortgagee, mortgage fiduciary
or mortgage servicing agency capacity arising by reason of error or accidental omission in the operation of the Insured's custom-
ary procedure in procuring and maintaining valid policies or oth er evidences of insurance, against the risks and perils described
below, for the benefit of the mortgagor in amounts and under terms and conditions customarily accepted by the mortgagor; and
thiS Company shall:
Defend any suit against the Insured alleging such liability as covered hereunder and seeking damages on account
thereof, even if such suit is groundless, false or fraudulent; but this Company may make such investigation, negotiation
and settlement of any claim or suit as it deems expedient;
Pay all premiums on bonds to release attachments for an amount not in excess of the applicable limit of liability all
premiums on appeal bonds required in any stich defended suit, but without any obligation to apply for or furnish any ~uch
bonds:
Pay all expenses incurred by this Company, all costs taxed against the Insured in any such suit and all interest accruing
after entry of judgment until this Company has paid or tendered or deposited in court such part of such judgment as does
not exceed the limit of this Company's liability thereon:
Reimburse the Insured for all reasonable expenses, other than loss of earnings, incurred at this Company's request;
and the amount so incurred, except settlements of claims and suits, is payable by this Company in addition to the applicable
limitof liability in anyone loss or occurrence.
1. Risks and Perils: Only those risks and perils against which the mortgagor customarily obtains policies of insurance
except policies of title, life, sickness or accident insurance,
B. COVERAGE-REAL ESTATE T0-X: LIABILITY: ,With respect to the property specified in anyone mortgage, to
pay on behalf 'of the Insured any sum up to a hmlt of $10,000" whIch the Insured shall become legally obligated to pay as a result
of claim(s) made against the Insured for failure through error or accidental omission to pay real estate taxes as agreed with the
mortgagor.
SECTION IV
A. COVERAGE-PROPERTY OWNED OR HELD IN TRUST: This Company agrees to insure the named Insured
against direct loss to real and personal property owned by it, or held in trust by it, or in which it has any other fiduciary in-
terest, when such loss occurs through error or accidental omission on the part of the Insured in its customary procedure of
procuring and maintaining valid insurance to protect its interests as owner or to carry out its responsibilities as trustee.
1. Limit of Liability: The liability of this Company shall not exceed the smaller of the following:
(a) an amount equal to the limit of liability specified in Section I in any single occurrence;
(b) the amount of loss resulting from the perils of fire and lightning and the perils of the Extended Coverage En-
dorsement.
2. Time Period: The liability of this Company shall be limited to a period of time commencing with the date such
property is acquired by the Insured or its fiduciary interest in such prop<'rty commences, and terminating on
the date other insurance is obtained. but not exceeding a total period of 90 days,
3. Subrogation Clause: This insurance shall not he invalidated should thc Insured waive in writing prior to a loss any
or all right of recovery against any party for loss occurring to the property described herein,
SECTION V
PROVISIONS APPLICABLE TO SECTIONS II, III AND IV
A. EXCLUSIONS: This Company shall not be liable:
1. Under this policy unless the damage to or destruction of property resulting in loss to the Insured, or the incident
o.u t of which a legal obligation of the Insured arises, occurs W.i....th~. . th. e.. ,term of this policy, regardless of when
the precedent error or accidental omission may have oceurred._ 0,
2. For loss resulting from any occurrence taking place more tha~ .~J1r~yf' after the Insured had knowledge that
an error or accidental omission had occurred. !, W
THE PROVISIONS PRINTED ON THE BACK OF THIS FORM ARE HEREBY REFERRED TO AND MADE
A PART HEREOF.
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No. 290,1 (6-65) (Ala" Fla" Ga., S. C.)
No, 290-1 (6-65) (Ala" Fla,. Ga,. S, C.)
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B. INSURED'S DUTIES: The Insured shall make every reasonable effort:
1. To require, procure and maintain valid policies or other evidences of insurance, payable to itself as mortgagee,
against those perils which the Insured customarily requires its mortgagors to furnish;
2. \\'ith respect to insurance otherwise included in a policy so furnished, to maintain insurance against those risks and
perils customarily insured against by the mortgagor, in amounts and, under terms and conditions accepted by the
mortgagor and by the Insured; ... - . fl
3. To make prompt payment of real estate taxes on mortgaged proper~, ""hen so agreed with the mortgagor; and,
4. \\'ith respect to properties in which the. Insured's in terest is that of owner, fiduciary or trustee, to procure and main-
tain valid insurance against the perils of fire and lightning and the perils included in the Extended Coverage En-
dorsement, in amounts and under terms and conditions which the Insured customarily requires to protect its interests
a, owner or to carry out its responsibilities as fiduciary or trustee.
C. This insurance covers only errors or accidental omissions with respect to policies of insurance or to real estate tax
p~.yments, as above set forth, in connection with real property located in the United States of America and Puerto Rico,
D, This insurance shall contribute only with other insurance (whether collectible or not> written under the identical terms,
cOt.lditions and provisions contained in this policy, and with respect to any other valid and collectible insurance, this insurance
shall apply only as excess after all other insurance has been exhausted.
E. In the standard fire insurance policy to which this form is attached:
1. Line 24 is hereby deleted ; and
2. In the section entitled Cancellation of Policy, the reference to "five days' written notice" is hereby changed to read,
"ten days' written notice,"
A.
SECTION VI
PROVISIONS APPLICABLE ONLY TO SECTION II
None of the following provisions of the standard fire insurance policy, to which this form is attached, shall apply to the
afforded hereunder: Other Insurance; Other Perils or Subjects; Added Provisions; Waiver Provisions; and Company's
.....
insurance
Options.
B. Provisions of the standard fire insurance policy, to which this form is attached, entitled, Requirements in Case Loss
Oecurs, Appraisal, Suit, and Subrogation, are hereby deleted and the following substituted therefor:
1. Assistance of Insured: It is a condition of this insurance that the Insured shall in every way assist in all matters per-
taining to coverage hereunder. .
2. Requirements in Case Loss Occurs: The Insured shall give written notice to this Company of any loss as soon as
practicable after notice thereof has been received by the Insured, Such notice shall contain particulars regarding the time, place
and circumstances of the loss as are available at the time. Within sixty days after the loss, unless such time is extended in writing
by this Company, the Insured shall render to this Company a proof of loss, signed and sworn to by the Insured, stating the knowl-
edge and belief of the Insured as to the following: the time and origin of the loss, the interest of the Insured and of all others
in the property, the actual cash value of each item thereof and the amount of loss thereto, all encumbrances thereon, all contracts
of insurance, whether valid 6r not covering any of said property, by whom and for what purpose the damaged or destroyed
building was occupied at the time of loss, The Insured, as often as may be reasonably required, shall submit to examinations
under oath by any person named by this Company, and subscribe to the same; and as often as may be reasonably required, shall
produce for examination all books of account, bills, invoices and other vouchers, or certified copies thereof if originals be lost,
at such reasonahle time and place as may be designated by this Company or its representative, and shall permit extracts and copies
thereof to be made,
3. Appraisal: In case the Insured and this Company shall fail to agree as to the amount of loss, then on the written
demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within
twenty days of such demand, The appraisers shall first select a competent and disinterested umpire; and failing for fifteen days
to agree upon such umpire, then, on request of the Insured or this Company, such umpire shall be selected by a judge of a court
of record in the state in which the Insured is located, The appraisers shall then appraise the loss, stating separately the losses
to each item; and failing to agree, shall submit their differences, only, to the umpire, An award in writing so itemized, of any
two when filed with this Company shall determine the amount of loss, Each appraiser shall be paid by the party selecting him
and the expenses of appraisal and umpire shall be paid by the parties equally.
4. Suit: No suit or action on this policy for the recovery of any claim shall be sustainable in .any court of law or equity
unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after
date of discovery of the error or accidental omission.
5. Subrogation: Whenever the payment to the Insured by this Company and other Companies equals the balance due
under the mortgage, or when the payment of this Company and other Companies is less than such balance due under the mort-
gage and this Company by itself, or with others, elects to pay the Insured the balance due on the mortgage (after deducting any
amount recoverahle from this and other insurance), it is a condition of this insurance that the Companies having and exercising sub-
rogation rights shall, as their interest may appear, thereupon receive full assignment of the mortgage and all securities held as col-
lateral for the mortgage debt.
--..,
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SECTION VII
PROVISIONS APPLICABLE ONLY TO SECTION III
A. The unqualified word "Insured" includes the named Insured and also includes any executive officer, director or trustee
thereof while acting within the scope of his duties as such.
B. None of the following provisions of the standard fire insurance policy, to which this form is attached, shall apply to the
insurance afforded hereunder: Uninsurable and Excepted Property; Other Insurance; Other Perils or Subjects; Added Pro-
visions; Waiver Provisions; Appraisal; and Company's Options.
C. Provisions of the standard fire insurance policy, to which this form is attached, entitled, Requirements in Case Loss
Occurs, Suit, and Suhrogation, are hereby deleted and the following substituted therefor:
I. Cooperation of the Inll'ured: It is a condition of this insurance that the Insured shalI cooperate with this Company and,
upon this Company's request, shalI attend hearings and trials and shall assist in effecting settlement, securing and giving evi-
dence, obtaining the attendance of witnesses and in the conduct of suits, but the Insured shall not, except at his own cost,
voluntarily make any payment, assume any obligation or incur any expense. Upon this Company's request, the In~ured shall
give to this Company a signed statement of facts containing all available information deemed necessary by this Company to deter-
mine and define its liability and rights under this insurance.
2, Notice of Claim or Suit: If claim is made or suit is brought against the Insured, the Insured shall immediately
forward to this Company every demand, notice or summons or other process received by him or his representative.
3. Action Against Company: No action shall lie against this Company unless as a condition precedent thereto, the
Insured shall have fully complied with all the provisions of Section III, nor until the amount of the Insured's obligation to pay
shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the In-
sured, the claimant and this Company. Any person or organization or the legal l:Cpresentative thereof who has secured such judg-
ment or written agreement shall thereafter be entitled to recover under this insurance to the extent afforded thereby. Nothing
contained in this insurance shall give any person or organization any right to join this Company as a co-defendant in any action
against the Insured to determine the Insured's liability. Bankruptcy or insolvency of the Insured or of the Insured's estate shall
not relieve this Company of any of its obligations hereunder.
4. Subrogation: In the event of any payment under this policy, this Company shall be subrogated to all the Insured's
rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers
and do whatever else knecessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights.
( 290-1)
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PAsterisked items above need be completed only when the endorsement is issued subsequent to the issuance of the policy.)
It is agreed that, as of the effective date hereof, the policy is amended in the following particulars:
Amending Policy No. TRC-135T257-5-76
(At the time of day Lhe policy becomes effective)
IT IS AGREED ~ND UNDERSTOOD THAT NOTICE OF TERMINATION WILL BE SENT TO
'/; ROBERTJ. STRUDLER, VICE PRES I DENT, LEGAL AFFAI RS, ~.
',\.. ~\jY'-<JiQAC..t-'e~V~TER,FLQ,Rb~ AND SEYMOUR CHAL IF, ESQU IRE, LOrlDON, BUTT-
~ ENWEISER & CHALIF, 575 MADISON AVENUE, NEW YORK, NEW YORK 10022
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*Effective from 09-01-76
*Issued to U. S. HOME CORPORAT ION, ET AL
*Office TAMPA-212 "'Producer U.S. INSURORS. INC.
Amending Policy No, _~~5T257-5-76
(At the time of day the policy becomes effective)
('~Asterisked items above need be eompleted only when the L'ndorsement is issued subsequent to the issuance of the policy.)
It is agreed that, as of the effective date hereof, the policy is amended in the following particulars:
E-4794 ':'Dateof[ssu(: 6-15-77 DMP/NG
,
IT IS HEREBY UNDERSTOOD AND AGREED THAT SECTION I,
A.) LIMIT OF LIABILITY, IS INCREASED TO $100,000.
All other terms, valuations and conditions remain unchanged. This endorsement is executed on the reverse hereof.
F-4607 REV. 2-69 PRINTED IN U.S.A.
Agent