FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED (2)
City Attorney's Office
Interoffice Correspondence Sheet
FROM:
Cynthia E. Goudeau, City Clerk
~
Jane C. Hayman, Assistant City Attorney
RECEIVED
TO:
iAN, 1,1 t: "ill!'!
.., 1} L, , I
CITY CLERK DEPARTMENT
COPY:
Earl Barrett, Real Estate Manager, Engineering
SUBJECT: City of Clearwater purchase from Calvary Baptist Church
DATE:
January 5, 2001
Enclosed please find the following documents regarding the above-referenced real estate
transaction:
Original First American Title Insurance Company Owners Title Policy No.
F A-35-456235; and
Original Warranty Deed that has been recorded in Official Records Book 11071,
Page 2036, on October 2,2000, in the Public Records of Pinellas County, Florida,
Please call my office if you have any questions.
JCH:grh
Attachments '
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I PINELLAH CDUrJ!V, HDRIDF!
KAPLEEN F ~ DE HLAKFF: ~
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PREPARED BY AND RETURN TO:
THOMAS C. NASH, II, Esquire
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
Post Office Box 1669 (33757)
Clearwater, Florida 33756
. i I DED...FIRST H('~PTr:~T CHi..J~.~CH OF
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WARRANTY DEED
00-288750 OCT-2-2000 5: 13PM
PINELLAS CO 8K 11071 PG 2038
___J1UlIlIIJlllUIII1l11ILlIIIIIIIIIIIIIIIIIIIIII__~
THIS INDENTURE made this ~ day of September, 2000, between
,
FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED, a corporation
existing under the laws of the State of Florida, having its
principal place of business in the County of Pinellas, State of
Florida, Party of the First Part, whose mailing address is 311
Cleveland Street, Clearwater, FL 33756 and CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the County of Pinellas, in the
State of Florida, Party of the Second Part, whose mailing address
, (' :< is
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{NT ______
City Hall, 112 South Osceola Avenue, Clearwater, FL 33756.
WIT N E SSE T H:
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,\, ;/II,qQjfion
That the said P~rty of the First Part, for and in considera-
'-X~id
of the sum of Ten Dollars ($10.00) to it in hand paid by the
Party of the Second Part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Party of
the Second Part, forever, the following described land, situate
lying and being in the County of Pinellas, State of Florida, to-
wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE.
Subject to 2000 r~al estate taxes, restrictions, reserva-
tions and easements of record.
Parcel I.D. No. 's
08/29/16/00000/340/0400
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I
PINELLAS COUNTY FLA,
OFF,REC,8K 11071 PG 2037
And the said Party of the First Part 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 Party of the First Part has
caused these presents to be signed in its name by its President and
Chairman of Deacons, and its corporate seal to be affixed, the day
and year above written.
Signed,
in Our
Delivered FIRST BAPTIST CHURCH OF CLEARWATER
INCORPORATED
Print
By: ~ .(Q~ljLnJ ~ W (SEAL)
B. CLI~RD WILLIAMS, III
President and Chairman of
Deacons
9Ji~~~H~j~
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PINELLAS
that before me personally appeared B.
as PRESIDENT AND CHAIRMAN OF DEACONS, of
CLEARWATE INCORPORATED, a Florida
personally known or who have produced
. en 1 lcation, known to me to be
the person described in and who executed the foregoing instrument,
and severally acknowledged the execution thereof to be his free act
and deed as such officer, for the uses and purposes therein
expressed, and that he affixed thereunto the official seal of said
corporation and the said instrument is the act and deed of said
corporation.
I HEREBY CERTIFY
CLIFFORD WILLIAMS, III,
FIRST BAPTIST CHURCH
corporation, to me
WITNESS my hand and seal at Clearwater
this day of September, 2000.
Notary Public
Print Name
My Comm' 119 ~NASHIl
'" <'"
o~r ~ COMMISSO/NUMBER
~ <( CC817036
~ f? MY COM:.I\SSION EXPIRES
'-" ~ 03
(.' OF f\.o MAR,14,20
H,\Data\REL\BOLLE\CALVARY,DED
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EXHIBIT "A"
PINtllAS
_ Orr,RtC,SK COUNTY rlA,
---------_____~~071 PG 2038
The North 466.76 feet of South 516.77 feet of East 466.76
feet of the Southeast 1/4 of the Southwest 1/4 of Section 8,
Township 29 South, Range 16 East, LESS the South 50 feet
conveyed in O.R. Book 3395, page 494, to the City of
Clearwater, situated in Pinellas County, Florida.
----~
"0
(TP 10/99)
ALTA Owner's Policy (10-17-92) (With Florida Modifications)
EXCLUSIONS FROM COVERAGE
1. (a)
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:
Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibi'ing 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 'he 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 effec' of
any violation of these laws, ordinances or governmental regulations, except to the extent 'hat a notice of the enforcement thereof or a notice of a defec', lien or encumbrance
resulling from a violation or alleged violation affecting 'he land has been recorded in 'he public records at Date of Policy,
Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 'hereof or a notice of a defect, lien or encumbrance resulling
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.
(b)
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 'he Company by the
insured claimant prior to the date the insured c1aiman' became an insured under this pol icy;
(c) resulling in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulling in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by 'his 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 federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(a) the 'ransac'ion crea'ing 'he estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulenUransfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential'ransfer excep' where the preferen'ial transfer resulls from 'he failure:
(i) 10 timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgmenl or lien creditor,
1. DEFINITION OF TERMS.
The followin~ terms when used in this (lolicy 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 (lurchase incluoing, but not
limited '0, heirs, distTlbutees, devisees, survivors,
personal representatives, next of kin, or corporate or
fiducial)' successors,
(b) "Insured claimant": an insured claiming loss or
damage.
(c) "knowledge" or "known": actual knowledge, no'
constructive knowledge or no'ice which may be
imputed to an insured 6y 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 (A), and improvements affixed thereto which
by law constItute real property, The 'erm "land" does
no' include any property beyond the lines of the area
described or referred to in Schedule A, nor any right,
ti'lel in'erest, estate or easement in abutting streets,
roaas, 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 o'her secuTlty Instrument.
(f) "public records"; records established under state
statutes a' Date of Policy for the purpose of imparting
constructive notice of maUers relatmg to real property, to
purchasers for value and withou' Knowledge. With
respect to Section l(a)(iv) of the ExclUSIOns From
Coverage, "public records" shall also include
environmental protection liens filed in the records of the
clerk of the Umted States district court for 'he 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
entille 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 delive!y. of marketable 'ille,
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of 'his policy shall continue in force as of
Da'e of PolIcy in favor of an insured only so long as 'he
insured retains an es'ate 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 esta'e or interest in the land, or
(ii) an in~ebtedness, secured by a purchase money
mortg~e~lven to the Insured,
3. NOTICE OF ClAIM TO BE GIVEN BY
INSURED CLAIMANT.
The insured shall notify the Company promplly in
writing (i) in case of any litigation as set forth in Section
~a) oelow, (ii) in case kriowledge shall come to an
insured hereunder of any claim of title or interest which
is adverse to the title to the estate or interest, as insured,
CONDITIONS AND STIPULATIONS
All information designated as confidential by Ihe
insured claimant provided to the Company pursuant to
this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, i' is necessary
in the administra'ion 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
termina'e any liability of the Company under 'hIS policy
as to that claIm.
6. OPTIONS TO PAYOR OTHERWISE SETfLE
ClAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company
shall have the following additional options:
(a) To Payor Tender Pavment of the Amoun' of
Insurance,
(i) To payor 'ender payment of the amount of
insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the insured
claimant, which were aulhorized by the Company, up to
the time of payment or tender of payment and which the
Company- is obligated to pay,
(it) Upon the exercIse by the Company of this
option, all liability and obligations to 'he insured under
this policy, other than to make the payment required,
shall terminate, including any liability or obiligatlOn to
defend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for
cancellation,
. ., (b) To Pavor Otherwise Settle With Par'ies O'her
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
againsl under this policy, logether 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 'he 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 cos's, 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 oblIga'ed to pal'
Upon 'he exercise by the Company 0 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 'he paymen's
required to be made, shall 'erminate, including any
liability or obligation to defend, prosecute or continue
any litIgation,
7. DETERMINATION, EXTENT OF liABILITY
AND COINSURANCE.
This policy is a contract of indemnity agains' ac'ual
monetary loss or damage sus'ained or incurred by the
insured c1aiman' 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 'he Company under 'his policy
shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A;
or,
If loss should resull 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 agains' by
this policy which shall exceed the amount, if any, lost to
the Company by reason of 'he impairmen' by the
insured claimant of 'he Company's right of subrogation.
(b) The Comoany's Ri~hts Al!ainst Non-insured
~
The Company's right of subrogation against non-
insured obligors shall exist and shall include, wi'hout
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 righ's
by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Assocwtion may be
demanded if agreed to by both the Company and the
Insured. Arbitrable matters may include, but are not
limited to, any controversy or claim between the
Company and the Insured arising out of or relating to
this policy, and 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 shaU 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
havingjurisdiction thereof
The law of the situs of the land shall apply '0 an
arbitration under the Title Insurance Arbilra'ion Rules,
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsemen's, if
any, attached hereto by the Company is the entire policy
and contrac' 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, whe'her or not
based on negligence, and which arises out of 'he sta'us
of the title to 'he es'ate or interes' covered hereby or by
any action asserting such claim, shall be res'ricted '0
'his policy,
(c) No amendmen' of or endorsement to 'his
policy can be made excep' by a writing endorsed hereon
or attached hereto signed by either the Presiden', a Vice
President, 'he Secre'ary, an Assistan, Secretary, or
validating officer or au'horized signatory of the
Company.
FATle-521
First American Title Insurance Company
SCHEDULE A
Agent's File No.: 114014-4-00
Policy No. FA-35-456235
FATCO-114014 JH
Amount of Insurance $ 580,000.00
Date of Policy: Oc tober 2, 2000
05:13:00 PM
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation
2. The estate or interest in the lan~ which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation
4. The land referred to in this policy is described as follows:
The North 466.76 feet of South 516.77 feet of East 466.76 feet
of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township
29 South, Range 16 East, LESS the South 50 feet conveyed in O.R.
Book 3395, page 494, to the City of Clearwater, situated in
Pine1las County, Florida.
MACFARLANE FERGUSON & MCMULLEN
625 COURT STR ET
CLEARWATER,
By:
fP
FA TIC-522
First American Title Insurance Company
SCHEDULE B
Agent's File No.: 114014-4-00
Policy No.
FATCQ-114014 JH
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which
arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3, Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
or inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not
shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such
portion so created and riparian 'rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public records.
NOTE: Exceptions numbered 1 through 6 above are hereby deleted,
Special Exceptions:
7. The lien of all taxes for the year 2000, and all subsequent years,
which are not yet due and payable.
8. Any minerals or mineral rights leased, granted or retained by current or prior owners
and which might ca\lse loss or damage for which the
Company may be liable by virtue of tfiis policy, or (iii)
if 'i'Ie to the estate or interest, as insured, is rejected as
unmarke'able. If prompt notice shall no' be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
mallers for which prompt no'ice IS required; provided,
however, that failure to notify the Company sliall in no
case prejudice the rights of any insured under this policy
unless the Company shall be prejudiced by the failure
and then onl}' to the extent of tlie prejudice,
4. DEFENSE AND PROSECUTION OF ACTIONSl
DUTY OF INSURED CLAIMANT Tu
COOPERATE.
(a) Upon written request by the insured and subject to
the options contained in Section 6 of these Conditions
and Stipula'ions, the Company, a' its own cos' 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 ac'ion
alleging a defect, lien or encumbrance or other matter
insureo agains' by 'his policy, The Company shall have
the right to selec' counsel of its choice (subject to the
right of the insured to object for reasonable cause) to
represent the insured as '0 those stated causes of action
and shall not be liable for and will not pay the fees of
any o'her counsel. The Company will not pay any fees,
costs or expenses~incurred by 'he insured in 'he defense
of those causes of action which allege matters no'
insured against by this policy.
(b) The Company shall have the right, at its own cost,
to Ins'itute and prosecute any ac'ion or proceeding or to
do any olher ac' which in its opinion may be necessary
or desirable to establish the title to the estate or interest,
as insure'h. or to prevent or reduce loss or damage to the
insured. I ne Company may take any appropriate action
under the terms of this policy, whetlier or not it shall be
liable hereunder, and sliall not thereby concede liability
or waive any provision of this policy. If the Company
shall exercise ItS righ's under 'liis paragraph, i' shall do
so diligently.
(c) Whenever 'he Company shall have brought an
ac'ion or interposed a defense as required or permitted
by the proviSIOns of this policy, 'he Company may
pursue any litigation '0 final determination by a court of
competent junsdiction and expressly reserves the right,
in its sole discre'ion, to appeal from any adverse
judgment or order.
(i1) In all cases where this policy permits or requires
the Company to prosecu'e or proVIde for the defense of
any action or proceeding, the, Insured shall secure to the
Company 'he 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
'he insured for tliis purpose, Whenever requested by the
Company the insured, a' the Company's expense, shall
give the, Company ,all reas~Jnable aId (I). in any action or
proceedIng, secunng eVIdence, obtaInIng WItnesses,
prosecu'ing or defending the action or proceeding, or
effecting settlemen', and (in in any other lawful act
which in the opinion of the Company may be necessary
or desirable to es'ablish 'he title to the es'a'e 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 obligal1on to
defend, prosecute, or contInue any litigation, with
regard to the matter or mallers requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Sec'ion 3 of these Conditions and S'ipula'ions have
been provided the Company, a proof of loss or damage
signed and sworn '0 by tlie insured c1aimanl shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts giving rise to
'he loss or damage. The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the
ti,le, or other matter insured against by 'his policy which
cons'i'u'es 'he basis of loss or damage and shall sta'e, to
the exten' possible, the basis of calculating 'he amount
of 'he loss or damage. If the Company is prejudiced by
the failure of the insured c1aiman' to provide the
required proof of loss or damage, the Company's
obligations '0 the insured under the policy shall
termInate, including any liability or obligation to
defend, prosecute, or continue any litigation, with
regard to 'he maller or mallers requiring such proof of
loss or damage.
In addition, the insured claimant may reasonably be
required '0 submit to examination under oa'h by any
authorized represen'ative of the Company and shall
produce for examination, inspection and copying, at
such reasonable 'imes 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 i's permission, in writing, for any authorized
representa'ive 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.
(ii) the difference between the val ue of 'he 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 Florida policies.)
(c) The Company will pay only those costs,
attorneys' fees and expenses incurred in accordance with
Sec'ion 4 of these Conditions and Stipulations,
8, APPORTIONMENT,
If the land described in Schedule A consists of 'wo 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 basis as if 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 othetwise been agreed
upon as to each parcel by 'he Company and the insured
at the time of the issuance of this policy and shown by
an express statemen' or by an endorsement attached to
this policy,
9. LIMITATION OF LIABILITY.
(a) If 'he Company establishes the 'itle, or removes
the alleged defect, lien or encumbrance, or cures 'he
lack of a right of access to or from the land, or cures the
claim of unmarketabili'y of title, all as insured, in a
reasonably diligent manner by any method, including
li'iga'ion and the comple'ion of any appeals 'herefrom,
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 'he Company or with the Company's consent, the
Company shall have no liability for loss or damage until
'here has been a final determina'ion 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 'he insured in settling any claim or suit without 'he
prior wrillen consent of the Company,
10, REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, allorneys' fees and expenses, shall
reduce 'he amount of the insurance pro tanto,
11. LIABILITY NONCUMUIATIVE.
It is expressly understood that the amoun' 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 'aken 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 in'erest 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 endorsemen' of the payment unless 'he
policy has been los' or destroyed, in which case proof of
loss or destruction shall be furnished to the satisfaction
of the Company.
(b) When liability and 'he ex'ent of loss or damage
has been definilely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall be
payable within 30 days 'hereaf'er,
13. SUBROGATION UPON PAYMENT OR
SETTLEMENT,
(a) The Comoanv's Ri!!ht of Subro!!ation
Whenever the Company shall have settled and paid a
claim under this policy, all right of subrogation shall
vest in 'he Company unaffec'ed by any act of the
insured claimant.
The Company shall be subrogated to and be entitled
'0 all righ's and remedies which the insured c1aiman'
would have had against any person or property in
respec' to the claim had this policy no' been issued, If
requested by the Company, 'he insured claimant shall
transfer '0 the Company all righ's and remedies agains'
any person or property necessary in order to perfect this
right of subrogation, The insured c1aiman' 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,
If a payment on account of a claim does not fully
cover 'he loss of the insured claimant, the Company
shall be subroga'ed to these rights and remedies in 'he
proportion which the Company's payment bears to the
whole amount of the loss.
16, SEVERABILITY.
In the event any provision of the policy is held
invalid or unenforceable under applicable law, the
policy shall be deemed not '0 include that provision anduall 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 wri'ing required to be furnished the
Company shall include the number of 'his policy and
shall be addressed to the Company, Allention: Claims
Department, 1 First American Way, San'a Ana,
California 92707,