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ASIMENO CORPORATION '- :) ~...G n;~ "~.',\h ~ ~~ ~# f '*' j CWD-l 5/93 ~ Corpora, Warranty}Deed ...... """,,, ."" This Indenture, made this 12 t h day of. A.D. 1995 Between ASIMENO CORPORATION !JST # 95-316788 DE~13, 1995 12:39PM December PINELLAS COUNTY FLA. OFF.REC.BK 9191 PG 1286 whose post office address is: 2451 McMULLEN BOOTH ROAD, SUITE 200 CLEARWATER, FL 34619 a corporation existing under the laws of the State of FLORIDA , Grantor and CITY OF CLEARWATER, FLORIDA, a Municipal Corporation whose post office address is: Post Office Box 4748 Clearwater, FL 34618-4748 Grantee, Witnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & NO /100 , ) Dollars, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of , State of Florida, to wit: PINELLAS SEE EXHIBIT REFERENCE. 'A' ATTACHED HERETO AND MADE A PART HEREOF BY ~ s-g-e -- s. _.lnL~~g;~ Ta.o< PC, C~0fk, p;rH!!-:;'.5 Ccuntj 6'1_ Deputy Cle;K Subject to covenants, restrictions and easements of record. Parcel Identification Number: 22/29/15/00000/320/1300 And the 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, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day and year first above written. I Signed and Sealed in Our Presence: State of County of FLORIDA PINELLAS ASIMENO CORPORATION (Corporate Seal) The foregoing instrument was acknowledged before me this 12 t h day of EDWARD S. RADOMSKY of ASIMENO CORPORATION a corporation existing under the laws of the State of He/She is personally known to me or has produced and DID NOT take an oath. PREPARED BY: LYNN HOFFSTETTER COASTAL BONDED TITLE co. OF CLEARWATER 501 S. FT. HARRISON SUITE 203 CLEARWATER, FL 34616 December ,19 95 ' by FLORIDA f10rida Drivers License 1 , on behalf of the corporation, as identification EXPIRES: December 17, 1998 Bonded Thru NolaJy Public UndeIwritars ""'- I' I !l-:' \'J //-0/' ~' i_'/ - . , . I " ~, 1 " - PINELLAS COUNTY FLA. OFF.REC.BK 9191 PG 1287 Schedule A A Parcel of land in Section 22, Township 29 South, Range 15 East, City of Clearwater, Pinellas County, Florida, being more particularly described as follows: Commence of the Southeast Corner of the Northwest One Quarter of the Southwest One Quarter of said Section 22; thence run North 00022'53" West, being the centerline of Greenwood Avenue and the East boundary of said Northwest One Quarter of the Southwest One Quarter of saidosection 22, a distance of 238,71 feet; thence run North 89 14'11" West, a distance of 30.01 feet to the West R/W line of said Greenwood Avenue; thence run North 00022'53" West along said West R/W line a distance to 111.3] feet to the Point of Beginning. From said Point of Beginning, run North 89014'11" West, leaving said West R/W line, a distance of 260.40 feet; thence run North 00022'53" West, a distance of 225.00 feet; thence run South 890]4']1" East, a distance of 260.40 feet to the said West R/W line; thence run along said West R/W line South 00022'53" East, a distance of 225.00 feet to the Point of Beginning. ,...,...~ ~~ ~~_100~ ~C053n17 ~~~ lk-l~."~ ~ 01-0ED-ASIMENO CORP 1 86EO~~ - DR219 :3 lll< 4 ,j , 'j'! :_". ~ .:.. :. ~- '~10, 50 t,58b~ O~J TnT/II' rur-rl-;' ' .' . t'.:.,.. , ..,rrc:".\ AMI. TENDERED: ....H'.. '-r- t i':I'\Jf~r'" ,. .:.l~,,1:l ~,i59B~ t;}l ~,~ori ~ii .~-' ,; :_'.. _:~. . -- 'It., 1:':~' , l File No: 95-17350 i ~ DATE: De'cemb~r. 28, 195 -I "f CoasIJ Bonded Title Co. '3 of Clearwate; ! 501 S. FORT HARRISON AVE. SUITE #203 CLEARWATER, FL34616-5318 TElEPHONE: (813) 442-9671 TO: City of Clearwater, Florida P.O. Box 4748 Clearwater, FI 34618-4748 ATTN: ,J ohn C. Carassas, Assis tant Ci t y At t.orney CBTC FILE NO: 95 - J 7350 SUBJECT:1454 S. Greenewood Avenue Enclosed please find Title Insurance Policy No, for the above captioned transaction in the amount of $ SDC 214003 84,000.00 Thank you again for giving us the opportunity to be of service. ALSO ENCLOSED: ORIGINAL RECORDED WARRANTY DEED or~g~:. al R~. .,d,e~'rtgage Orlg al ASlgnme t. ALT 8 1 a d FL . rm 9 ~ G-d-/ 1l""""""'-r~;\"NC.", ,0 ' "," "J.~ Paula A. Franz COASTAL BONDED TITLE CO. OF CLEARWATER JAN 1 0 1996 \"',I! Y ATTORI\ILI '-'" ,.--- ,'. "_" :_:.~r,; "d _~. -. ""-i~_ >'_,; ',- d' < '. ,,~-->'~~ -~t:,~i;-'-?':~.,._ .: < -. ,-', S~"f4'U'E. Q' ,\:) v7 ,~ cl~ ''- 'N 10::: I ! . 10 CO - ~~ , :t:J Oltner's Policy' American LahdTitle Association Owner's Pol icy 10,17,92 vvit8FLQ{idamod ificati ons Policy Number SDe 214003 ...** *~~ . * If .. "* *~* SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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. Unmarketability 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, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A. the policy to be valid when countersigned by an authorized officer or agent of the Company, Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371-1111 !,i President (i,~ (jI61~4zT Authorized Signatory By ORT Form 331 ALTA Owner's Policy 10-17-92 with Florida modifications Attest ~<.,.'". :.;,',.,i,.,.:,'"',."',,,,,..', ,r"...,. :- ~ ! -,,-, ,- - " .,'(:.\ y, ';'Uk/ ,fc..'..... / Secretary ,- c. \. ':, ~;_ ~,"'- EXCLUSIONS FROM COVERAGE by reason of the public records as defined in this policy or any other The following matters are expressly excluded from the coverage records which impart constructive notice of matters affecting the land, of this policy and the Company will not pay loss or damage, costs, (d) "land": the land described or referred to in Schedule A, and attorneys' fees or expenses which may arise by reason of: improvements affixed thereto which by law constitute real property, 1, (a) Any law, ordinance or governmental regulation (including but The term "land" does not include any property beyond the lines of not limited to building and zoning laws, ordinances, or regulations) the area described or referred to in Schedule A, nor any restricting, regulating, prohibiting or relating to (i) the occupancy, use, right, title, interest, estate or easement in abutting streets, roads, or enjoyment of the land; (ii) the character, dimensions or location of avenues, alleys, lanes, ways or waterways, but nothing herein shall any improvement now or hereafter erected on the land; (iii) a modify or limit the extent to which a right of access to and from the separation in ownership or a change in the dimensions or area of the land is insured by this policy, land or any parcel of which the land is or was a part; or (iv) (e) "mortgage": mortgage, deed of trust, trust deed, or other environmental protection, or the effect of any violation of these laws, security instrument. ordinances or governmental regulations, except to the extent that a (f) "public records": records established under state statutes at notice of the enforcement thereof or a notice of a defect, lien or Date of Policy for the purpose of imparting constructive notice of encumbrance resulting from a violation or alleged violation affecting matters relating to real property to purchasers for value and without the land has been recorded in the public records at Date of Policy. knowledge, With respect to Section 1 (a)(iv) of the Exclusions from (b) Any governmental police power not excluded by (a) above, Coverage, "public records" shall also include environmental protection except to the extent that a notice of the exercise thereof or a notice liens filed in the records of the clerk of the United States District _gL<L.Q.ef~;,liillL9r,EH1CQl]JbIQnc:.eJilsulting frOI'D a violaJLonor alleged ," Court for the district in which the land is located, violation affecting the land has been recorded in the 'public-records at ----- - (g) "unmartetabtlitVdfff18Tif18Can al1Ergtrd orapparentlilatter --- Date of Policy, affecting the title to the land, not excluded or excepted from 2. Rights of eminent domain unless notice of the exercise thereof coverage, which would entitle a purchaser of the estate or interest has been recorded in the public records at Date of Policy, but not described in Schedule A to be released from the obligation to excluding from coverage any taking which has occurred prior to Date purchase by virtue of a contractual condition requiring the delivery of of Policy which would be binding on the rights of a purchaser for marketable title, value without knowledge, 2, Continuation of Insurance After Conveyance of Title, 3, Defects, liens, encumbrances, adverse claims or other matters: The coverage of this policy shall continue in force as of Date of (a) created, suffered, assumed or agreed to by the insured Policy in favor of an insured only so long as the insured retains an claimant; estate or interest in the land, or holds an indebtedness secured by a (b) not known to the Company, not recorded in the public purchase money mortgage given by a purchaser from the insured, or records at Date of Policy, but known to the insured claimant and not only so long as the insured shall have liability by reason of covenants disclosed in writing to the Company by the insured claimant prior to of warranty made by the insured in any transfer or conveyance of the the date the insured claimant became an insured under this policy; estate or interest. This policy shall not continue in force in favor of (c) resulting in no loss or damage to the insured claimant; any purchaser from the insured of either (i) an estate or interest in (d) attaching or creating subsequent to Date of Policy; or the land, or (ii) an indebtedness secured by a purchase money (e) resulting in loss or damage which would not have been mortgage given to the insured, sustained if the insured cl~imant had paid value for the estate or 3, Notice of Claim to be Given by Insured Claimant. Interest Insured by. this ~ollcy, " , The insured shall notify the Company promptly in writing (i) in 4. Any claim, which arises out of the transactIOn vesting In the case of any litigation as set forth in Section 4(a) below, (ii) in case Insured the estate or Interest Insured by this POliCY, by reason of the knowledge shall come to an insured hereunder of any claim of title or operation ofJederalbankmptcy,statejnsolveHcLor similar creditors' interest which is adverse to the title to the estate or interest as rights laws, that is ba~ed on: , " . insured, and which might cause loss or da~~g~ for which th~ , (a) ,the transaction creating the estate or Interest Insured by this Company may be liable by virtue of this policy, or (iii) if title to the poliCY being deemed a fraudul~nt conveyance o~ fraudulent transfer, or estate or interest, as insured, is rejected as unmarketable, If prompt (b) the transaction creating the estate or Interest Insured by this notice shall not be given to the Company, then as to the insured all policy being deemed a preferential transfer except where the liability of the Company shall terminate with regard to the matter or preferential transfer results from the failure: matters for which prompt notice is required; provided, however, that (i) to timely record the instrument of transfer; or failure to notify the Company shall in no case prejudice the rights of (II) of such recordation to Impart notice to a purchaser for any insured under this policy unless the Company shall be prejudiced value or a Judgment of lien creditor, by the failure and then only to the extent of the prejudice, CONDITIONS AND STIPULATIONS 4, Defense and Prosecution of Actions; Duty of Insured Claimant to 1. Definition of Terms, Cooperate, The following terms when used in this policy mean: (a) Upon written request by the insured and subject to the (a) "insured": the insured named in Schedule A, and, subject to options contained in Section 6 of these Conditions and Stipulations, any rights or defenses the Company would have had against the ' the Company, at its own cost and without unreasonable delay, shall named insured, those who succeed to the interest of the named provide for the defense of an insured in litigation in which any third insured by operation of law as distinguished from purchase including, party asserts a claim adverse to the title or interest as insured, but but not limited to, heirs, distributees, devisees, survivors, personal only as to those stated causes of action alleging a defect, lien or representatives, next of kin, or corporate or fiduciary successors, encumbrance or other matter insured against by this policy, The (b) , "insured claimant": an insured claimin~oss or damage, c"ompany shall have, the righl,to select counsel of its choice (subject (c) "knowledge" or "known": actual knowlflge, not to the right of the insured t object for reasonable cause) to 'constmct'~~e knowledge or notice which may be imputed to an;nstJren .... represent the insured as to t ose stated causes of action and sh;.lll File Number 95-17350 Policy Number SDC 214003 Amount$ 84,000.00 1. Policy Date December 13, 1995 at 12 ; 3 9 PM .** * <tt-t' .. * .. . *..** 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: City of Clearwater, Florida,a Municipal Corporation Pinellas 3. The land referred to in this policy is situated in the County of State of Florida, and is described as follows: A Parcel of land in Section 22, Township 29 South, Range 15 East, City of Clearwater, Pinellas County, Florida, being more particularly described as follows; Commence of the Southeast Corner of the Northwest One Quarter of the Southwest One Quarter of said Section 22; thence run North 00022'53" West, being the centerline of Greenwood Avenue and the East boundary of said Northwest One Quarter of the Southwest One Quarter of said Section 22, a distance of 238.71 feet; thence run North 89014'11" West, a distance of 30.01 feet to the West R/W line of said Greenwood Avenue; thence run North 00 O2 2' 53" Wes t along said Wes t R/W line a distance to Ill. 31 feet to the Point of Beginning. From said Point of Beginning, run North 89014'11" West, leaving said West R/W line, a distance of 260.40 feet; thence run North 00022'53" West, a distance of 225.00 feet; thence run South 89014'11" East, a distance of 260.40 feet to the said West R/W line; thence run along said West R/W line South 00022'53" East, a distance of 225.00 feet to the Point of Beginning. ORT OWNERS FORM 3504 This policy valid only if Schedule B is attached. File Number 95-17350 Policy Number SDC 214003 This policy does not insure against loss or damage by reason of the following: 1. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 2. Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record. 3, Rights and claims of parties in possession. 4. Easements or claims of easements not shown by the public records. 5. General or special taxes and/or assessments required to be paid in the year 1 q q S and subsequent years. 6. Item # 5 is hereby deleted in it's entirety. aRT OWNERS FORM 3505 ~;>_ "'~_-""_':.::..' _. ,~_~.. --'..~.- --..~;.;:,-';.....,....;;..:~:_~".,_,....,l_,_.'_~..,.. ._~,~"~_~...~. .... .....-'. .. ;': not be liable for and will not pay the fees of al other counsel, The ' Company will not pay any fees, costs or expense-s 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 it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shall exercise its rights under this paragraph, it 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, If 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 litigation, with regard to the matter or matters requiring such cooperation, 5, Proof of Loss or Damage, In addition 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, If 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 matter or matters requiring such proof of loss or damage, In addition, the insured claimant may reasonably be required to submit to 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 grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence ~nd memoranda in the custiy 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 submit 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 Payor 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 obi igated 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 (iil. 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 litigation, 7. Determination, Extent of Liability This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered 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) The company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the 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 site, 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 basitas if the amount of insurance under this policy was divided ~ 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. 9, Limitation of Liability. (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, it 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 therefrom, 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 without 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 Non,cumulative, 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 hereafter 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 definitely 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. (a) The Company's Right of Subrogation, Whenever the Company shall have settled 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 permit the Company to sue, compromise or settle 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. i. ~ "'If a payment onl~count of a claim does not fully cover ~he loss ~.. of the insured claim~t, 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 the policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non,lnsured Obligors, 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, Unless prohibited by applicable law. arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters maYuinclude.butare not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or. at the option of the insured. the Rules in effect at Date of Policy shall be binding upon the parties., The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15, Liabililty Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether orrint based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company, 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 effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at its home office, 400 Second Avenue South, Minneapolis, Minnesota 55401 , (612) 371,1111,