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JERRIE E. CENTILLI, BANKERS TITLE
509 South Greenwood Avenue, Suite A
Clearwater, Florida 33756
Parcel No.: 22/29/25/00000/320/320/1400 and
22/29/15/00000/320/1500
WARRANTY DEED
THIS INDENTURE made thiS~ day of February, 1999, BETWEEN COMMUNITY
SERVICE FOUNDATION, INC., a Florida non profit corporation with offices
in the County of Pinellas, State of Florida Grantor, and CITY OF
CLEARWATER, with offices in the County of Pinellas, state of Florida,
Grantee, whose address is:
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INST :11= 88-037802
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2C119514 SJW 02-05-1999 11:06:00
01 DED-COIttltlMITY SERVICE
RECORDING 1 $10.50
DOC ST~ - DR219 J $140.10
TOTAl..:
CHECK AIfT.TENIERED:
CHANGE :
$151.20
$151.20
$.00
WITNESSETH, That said grantor, for and in consideration of the
sum of Ten and No/100 Dollars and other good and valuable
considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said grantee, and grantee's heirs and assigns forever,
the following described land, situate, lying and being in Pinellas
County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION AND BY REFERENCE
MADE A PART HEREOF.
SUBJECT TO taxes for the year 1999 and subsequent years (parcel I)
SUBJECT TO taxes for the year 1992 and subsequent years (parcel II).
SUBJECT TO liens as recorded in O.R. Book 7806, Page 2004, O.R. Book
8095, Page 1438, O.R. Book 8175, Page 2244, O.R. Book 8236, Page 453,
O.R. Book 8358, Page 1517, O.R. Book 8544, Page 1976, O.R. Book 8638,
Page 527, O.R. Book 8754, Page 1834, O.R. Book 8906, Page 1404, O.R.
Book 9178, Page 543, O.R. Book 9271, Page 1361, O.R. Book 9474, Page
295 and O.R. Book 9610, Page 782, all of the Public Records of Pinellas
County, Florida.
SUBJECT TO easements, restrictions and reservations of record.
And said grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and
seal the day and year first above written.
Signed, sealed & delivered
presen e of:
COMMUNITY SERVICE FOUNDATION, INC.
a Florida non profit foundation
BY: ~h~
SYLV~A M. COST LLO, President
925 Lakeview Road
Clearwater, FL 34756
My conunission expiEe13:
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$____________._....______...,. _.C" _ !nt~-'lr.J~:I[J "T;Jx Pc.
~::;.n~ J E E. CENTlW
!..c:,iJ':~ MY ISSlON , CC437618 EXPIRES
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LEGAL DESCRIPTION:
LOT 2, FOUNDATION OAKS, ACCORDING TO THE Pu' T THEREOF AS RECORDED
IN PLAT BOOK 118, PAGE 85. PUBLIC RECORDS OF PINELU,S COUN7Y.
FLORIDA, AND THE SOUTH 100 FEET OF THE EAST 700 FEET OF THE
FOLLOWING DESCRIBED TRACT OF LAND:
FROM THE SOUTHEAST CORNER OF THE NW 7/4 OF THE SW 7/4 OF
SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY,
FLORIDA; RUN THENCE N,Oa 22'56" WEST, ALONG THE EAST BOUNDARY
THEREOF. 30,00 FEET; THENCE NORTH 89"17 '46" WEST, 30,00 FEET TO THE
POINT OF BEGINNING. ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF
WOODLAWN STREET AND THE WEST RIGHT-OF-WAY LINE OF GREENWOOD
AVENUE; THENCE CONTINUE NORTH 8g11'46" WEST, 208.71 FEET ALONG
SAID NORTH RIGHT-OF -~:A Y LINE OF WOODU, WN STREET; THENCE NORTH oa
22'56" WEST, 208.71 FEET; THENCE SOUTH 8g 11'46" EAST, 208,71 FEET TO
THE WEST RIGHT-OF-WAY LINE OF SAID GREENWOOD AVENUE; THENCE SOUTH
O(J 22'56" EAST, 208.71 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE
POINT OF BEGINNING,
.....
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S POUCY 10-17-92 (Florida ModHied)
POLICY NO,
IOP-9-0540-7301
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, AMERICAN PIONEER TITLE INSURANCE
COMPANY, a Florida corporation, herein called the Company, insures, as of Date of Policy shown in Schedule
A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3, Un marketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations,
IN WITNESS WHEREOF, AMERICAN PIONEER TITLE INSURANCE COMPANY has caused this policy
to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when
countersigned by an authorized signatory,
Issued by:
AMERICAN PIONEER TITLE INSURANCE COMPANY
Bankers Title
1525 S. Belcher Rd.
Clearwater, FL 33764
~ ~~id~
Atre't~ /!~
Secretary
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OP-9
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resurting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the pUblic records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of PoliCY: or
(e) resulting"in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy,
4, Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federai bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien credrtor.
1, DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
10 COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors,
(b) "insured claimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or
notice which may be imputed to. an insured by reason of the public records as
defined in this policy or any other records which impart constructive notice of matters
affecting the land,
(d) "land": the land described or referred to in Schedule [AI, and improvements
affixed thereto which by law constitute real property, The term "land" does not
include any property beyond the lines of the area described or referred to in Schedule
[AI, nor any right, trtle, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this policy,
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument
(f) "public records": records established under state staMes at Date of Policy
for the purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without knowledge, With respect to Section 1 (aHiv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the Unrted States district court
for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter affecting the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
of the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
title,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate or interest. This policy shall not continue in force in favor of any
purchaser from the insured of either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured,
3. NOTICE OF CLAIM 10 BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the trtle to the estate
or interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable, If prompt notice shall not be given to the
Company, then as to the insured all liability of the Company shall terminate wrth
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of any insured
under this policy unless the Compali'y Shall be prejuT by the failure and' then
only to the extent of the prejudice, , .
- ~
-
(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at rts own cost
and without unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the title or interest
as insured, but only as to those stated causes of action alleging a detect. lien
or encumbrance or other matter insured against by this policy, The Company shall
have the right to select counsel of its choice (subject to the right of the insured
to object for reasonable cause) to represent the insured as to those stated causes
of action and shall not be liable for and will not pay the fees of any other counsel,
The Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured against
by this policy,
(b) The Company shall have the right. at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its opinion may be necessary
or desirable to establish the title to the estate or interest. as insured, or to prevent
or reduce loss or damage to the insured, The Company may take any appropriate
action under the terms of this policy, whether or not rt shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy, ~ the
Company shall exercise its rights under this paragraph, rt shall do so diligently,
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of competent jurisdiction and expressly
reserves the right. in its sole discretion, to appeal from any adverse judgment or
order,
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or
proceeding, and all appeals therein, and permit the Company to use, at its option,
the name of the insured for this purpose, Whenever requested by the Company,
the insured, at the Company's expense, shall give the Company all reasonable
aid (i) in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest as insured, ~ the Company
is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any Irtigation, with regard
to the matter or matters requiring such cooperation,
5. PROOF OF LOSS OR DAMAGE
In addrtion to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
within 90 days after the insured claimant shall ascertain the facts giving rise to
the loss or damage, The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage, ~ the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage.
the Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
.to the mailer or matters requirinl ~"UCh proof ~ loss or damage,
-----
State: FL
County Code: 62
II
Plant #
(3065*98-8898)
loW N E R I S,
SCHEDULE A
FOR M
I. '
II
Agent/Branch #
(0540*1298-0525-JC)
$30,400.00
Effective Date & Time
February 5, 1999
05:31:00PM
Policy Number
OP-9-0540-730
Amount of Insurance
Reinsurance Number
Commitment CM-1-0543-1139
1. Name of Insured:
CITY OF CLEARWATER
2 . The estate or interest in the land described herein and which is covered by this policy is
FEE SIMPLE
3 , The estate or interest referred to herein is at Date of Policy vested in the insured,
4. The land is described as follows:
Lot 2, FOUNDATION OAKS, according to the plat thereof, recorded in Plat
Book 118, Page 85 of the Public Records of Pine11as County, Florida.
AND
The South 100 feet of the East 100 feet of the following described tract
of land:
From the Southeast corner of the NW 1/4 of the SW 1/4 of Section 22,
Township 29 South, Range 15 East, Pinellas County, Florida; run thence
N. 00022156" West, along the East boundary thereof 30.00 feet; thence
North 89011146" West, 30.00 feet to the Point of Beginning. Also being
the North right-of-way line of Woodlawn Street and the West right-of-way
line of Greenwood Avenue; thence continue North 89011146" West, 208.71
feet along said North right-of-way line of Woodlawn Street; thence North
00022156" West, 208.71 feet; thence South 89011146" East, 208.71 feet to
the West right-of-way line of said Greenwood Avenue; thence South
00022156" East, 208.71 feet along said West right-of-way line to the
Point of Beginning.
~~Id~
countersigned Authorized Signatory
Issued by:
BANKERS TITLE
509 South Greenwood Avenue - Suite A
Clearwater, FL 33756
NOTE: This policy consists of insert pages labeled Schedules A and B, This policy is of no force and effect
unless all pages are included along with any added pages incorporated by reference,
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LJ Original
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LJ Home Office Copy
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LJ Agent's Copy
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LJ Plant Copy
State: FL
'County Code: 62
tOWNER'S
FOR M
I
II
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Plant #
(3065*98-8898)
SCHEDULE B
Agent/Branch #
(0540*1298-0525-JC)
Policy Number: OP-9-0540-730
This policy does not insure against loss or damage by reason of the
following exceptions:
1. Rights or claims of parties in possession not shown by the Public
Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters
which would be disclosed by an accurate survey and inspection of the
premises.
3. Easements or claims of easements not shown by the Public Records.
4. Taxes or special assessments which are not shown as existing liens
by the public records.
5. Taxes and assessments for the year 1999 and subsequent years.
6. Plat shows the following affecting the land: Easement for drainage
and public utilities over and across the South 10 feet and West 5
feet.
7. Taxes and assessments for the year 1998 and subsequent years, which
became due and payable November 11, 1998. (as to Parcell)
8. Delinquent Taxes and assessments for the year 1991 and subsequent
years and Taxes and assessments for the year 1998, which became due
and payable November 11, 1998. (as to Parcel 2)
9. Subject to Liens recorded in Official Records Book 7806, at Page
2004, O.R. Book 8095, Page 1438, O.R. Book 8175, Page 2244, O.R.
Book 8236, Page 453, O.R. Book 8358, Page 1517, O.R. Book 8544, Page
1976, O.R. Book 8638, Page 527, O.R. Book 8754, Page 1834, O.R. Book
8906, Page 1404, O.R. Book 9178, page 543, O.R. Book 9271, Page
1361, O.R. Book 9474, Page 295 and O.R. Book 9610, Page 782, of the
Public Records of Pinellas County, Florida.
10. Declaration of Easement recorded in Official Records Book 10397, at
Page 838, of the Public Records of Pinellas County, Florida~
NOTE: This policy consists of insert pages labeled Schedules A and B. This policy is of no force and effect
unless all pages are included along with any added pages incorporated by reference.
.,
LJ Original
.,
LJ Home Office Copy
.,
LJ Agent's Copy
.,
LJ Plant Copy
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CONDITIONS AND STIPULATIONS. CONTINUED
In addrtion, the insured claimant may reasonably be required to submrt to 9. LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Policy, which reasonably pertain to the loss
or damage, Further, if requested by any authorized representative of the Company,
the insured claimant shall gran! its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage, All information designated
as confidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim, Failure of the insured
claimant to submrt for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim,
6, OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Payor Tender Payment of the Amount of Insurance,
To payor tender payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation,
(b) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(i) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay: or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any Irtigation,
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suflered loss or damage
by reason of matters insured against by this policy and only to the extent herein
described,
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy,
(b) (This paragraph dealing with Coinsurance was removed from Rorida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations,
8. APPORTIONMENT
If the land described in Schedule [A] consists of two or more parcels which
are not used as a single srte, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as ij the amount of insurance under this policy was divided pro rata as to
the .value on Date of Policy of each separate parcel to the whole. exclusive of
any improvements made subsequent to Date of Policy, unless a liability or value
has otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by an express statement
or by an endorsement attached to this policy,
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
rt shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrorn, adverse to the title as insured,
(c) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in settling any claim or suit wrthout the prior
written consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto,
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this policy shall
be reduced by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is heraafter executed by an
insured and which is a charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a payment under
this policy to the insured owner,
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company,
(b) When liability and the extent of loss or damage has been definrtely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter,
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(al The Company'S Right of Subrogation,
Whenever the Company shall have setlted and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued, If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation,
The insured claimant shall permrt the Company to sue, compromise or setlte in
the name of the insured claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights or remedies,
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss,
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, ij any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation.
(b) The Company's Rights Against Non-insured Obligora
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy,
14. ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance
Arbitration Rules of /he American ArbiIration Association may be demanded if
agreed to by both Company and /he insured, Arbitrable matters may include,
but are not limited to, any conIro\l8f'S}' or claim between Company and the insured
arising out of or relating to /his policy, and service of Company in connection
with its issuanc6 or /he breach of a policy provision or oIher obligation, AtDiIration
pursuant to /his policy and under /he Rules in effect on the date /he demand
for arbitration is made or, at /he option of /he insured, /he Rules in effect at Date
CONDITIONS AND SnpULATIONS - CONTINUED
of Policy shall be binding upon the pat1ies, The award mey include attorneys' (c) No amendment of or endorsement to this policy can be made except by
fees only if the laws of the state in which the land is located permit a court to a wrilIng endorsed hereon or alIached hereto signed by either the President, a
award attorneys' fees to a prevailing party. Judgment upon the award rendered Vice President, the Secretary, an Assistant Secretary, or validating oIIIcer or
by the ArbitT81or(s} mey be entered in any court having jurisdiction thereof. authorized signatory of the Company.
The law of the situs of the land shall apply to an arbitralionunder the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABIUTY LIMITED 10 THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsemenls, if any, alIached hereto by the
Company is the entire policy and contract between the insured and the Company, 17, NOTICES. WHERE SENT
In interpreting any provision of this policy, this policy shall be construed as a
whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises oul of the status of the title to the estate or interest covered hereby
or by any action asserting such claim, shall be reslrictIed to this policy,
16, SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to Include that provision and all
other provisions shall remain in full force and efIecl
All notices required to be given the Company and any statement in wrilIng
required to be fumished the Company shall include the number of this policy
and shall be addressed to the Company at 493 East Semoran Boulevard,
Casselberry, Florida 32707, Telephone: (407) 260-8050,
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