MELANIE H. CORDES
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__Co,l P ~ared by and return to:
Wayne C, Eubanks
American Acquisition Title, Inc.
5600 West Mariner Street Ste. 104
Tampa, FL 33609
KARLEHl F. DE Bl.AKFP, ij
PINflLAS COUNTV, F!,CikTDA
DF
7C166291. 01-16--2001 15:;;'1,
51 DED-COF'DE8/CITY CUJF'
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Grantees tax identification number
TOTAL:
S~28 ~ 50
Property folio number 16-29-15-00000-240-0290
Warranty Deed
014444 JRN-1S-2001 3:20~
OlNELLRS co 8K 11190 PG 1428
P \ \ll\m~\\~nI'\I\J\'~I\I\\I~~I\'~I\'\J\I\
CASH AMT. TENDERED:
p f\Hj:'~k' AlJT TF"Dn,rn'
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CHANGE:
BY __'_ ___.. DEF'UTV CLEF:K
$20.00
$.l9~50
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This Indenture, Made this 20th day of November, 2000 between MELANIE H. CORDES,
INDIVIDUALLY AND AS TRUSTEE, grantor*, whose post office address is 1290 Court Street,
Clearwater, FL 33756, and CITY OF CLEARWATER, A FLORIDA MUNICIPAL CORPORATION,
grantee*, whose post office address is iOO South Myrtle Avenue, Clearwater,FL 33756.
*"grantor" and "grantee" are used for singular or plural, as context requires
WITNESSETH: That said grantor, for and in consideration of the sum of TEN AND No/lOO
DOLLARS ($10.00) and other 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, wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO RESlRICTIONS, RESERVATIONS AND LIMITATION OF RECORD, IF ANY,
AND TAXES FOR THE YEAR 2001 AND SUBSEQUENT YEARS.
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.
~~
ess si ature)
Print witness Ilame
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LAURIe l. BRIEF
MELANIE H, CORDES, Individually and as
Trustee
BY~dub~~
e nie H. Cordes
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PINELLAS COUNTY rLA,
Orr ,REC,8K 11190 PG 1429
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this 20th. day of
November , 2000 by Melanie H, Cordes, Individually and as Trustee. She is personally
known to as identification.
(Seal)
Commission Expires:
~-,'
" '~-~;\.m;;;-6~?mAL NO ARY S L
,,\ po'l Pi/,'I
.:-''o\~.''',~<-:, MARIANNE SCHAFFER
g."';' "~.~ CC 698089
I, ~;;~!~~~~,w C" OMMISSION EXPIRES
. ,~/ Of 1,\,,_' ('f'(':EMB 14 1
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PIN~LLAS COUNTY fLA,
Off,R~C,8K 11180 PG 1430
Exhibit "A"
A parcel of land lying in section 16, Township 29 South, Range 15 East,
pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of Pinellas
County, Florida, said point lying on the westerly right of way line of
pierce Boulevard, lying S89023'46"W, 92.86 feet from survey center line
station 50+79.88 of pierce Boulevard per state Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 24036'01", the chord for which bears S57040'51"E, a chord
distance of 95.71 feet, an arc distance of 96.45 f~et to the end of said
curve and the POINT OF BEGINNING, said point lying S89045'13"W, 39.30
feet from survey center line station 50+21.15 of pierce Boulevard per
State Project 15220-2599; thence SOOo14'47" E, along the westerly right
of way line of pierce Boulevard, 20.00 feet to a point lying S89045'13"W,
48.61 feet from survey center line station 49+99.10 of pierce Boulevard
per State Project 15220-2599; thence departing said westerly right of way
line S89045'13"W, 126.64 feet to a point on a curve concave
southeasterly; thence along the arc of said curve to the right, having a
radius of 60.00 feet, a central angle of 27001'18", the chord for which
bears N 61010' 22" E, a chord distance of 28.04 feet, an arc distance of
28.30 feet to a point of compound curvature with a curve concave
southerly; thence along the arc of said curve to the right, having a
radius of 55.33 feet, a central angle of 33046'01", the chord for which
bears S 88026' 03" E, a chord distance of 32,14 feet, an arc distance of
32,61 feet to the end of said curve; thence N74041'01"E, 17.75 feet;
thence N 15018 '59" W, 3.10 feet to a point lying S 89045' 13" W, 92.86 feet
from survey center line station 50+21.15 of pierce Boulevard per State
Project Number 15220-2599; thence N89045'13" E, 53.56 feet to the POINT
OF BEGINNING.
Said lands containing 1970 square feet, more or less.
Page 1 of 2
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PINELLAS COUNTY ~LA
0~~.REC,8K 11190 PG 1431
Exhibit "A"
A parcel of land lying in section 16, Township 29 South, Range 15 East,
pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of pinellas
County, Florida, said point lying on the westerly right of way line of
pierce Boulevard, lying S89023'46"W, 92.86 feet from survey center line
station 50+79.88 of pierce Boulevard per state Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 24036'01", the chord for which bears S57040'51" E, a chord
distance of 95.71 feet, an arc distance of 96.45 feet to the end of said
curve, said point lying S89045'13"W, 39,30 feet from survey center line
station 50+21.15 of pierce Boulevard per state Project 15220-2599; thence
SOOo14'47" E, along the westerly right of way line of pierce Boulevard,
20.00 feet to a point lying S 89045113" W, 48.61 feet from survey center
line station 49+99,10 of pierce Boulevard per state Project 15220-2599;
thence departing said westerly right of way line S89045113"W, 126.64 feet
to the POINT OF BEGINNING; thence continue S89045'13"W, 20.13 feet to a
point on a curve concave southeasterly; thence along the arc of said
curve to the right, having a radius of 75.00 feet, a central angle of
2 2056' 10", the chord for which bears N 47038' 19" E, a chord distance of
29.82 feet, an arc distance of 30,02 feet to the end of said curve;
thence N 89045'13" E, 71.09 feet; thence S 15018'59" E, 3.10 feet; thence
S74041'01"W, 17,75 feet to the beginning of a curve concave southerly;
thence along the arc of said curve to the left, having a radius of 55.33
feet, a central angle of 33046'01", the chord for which bears
N 88026 I 03" W, a chord distance of 32.14 feet, an arc distance of 32.61
feet, to a point of compound curvature with a curve concave
southeasterly; thence along the arc of said curve to the left, having a
radius of 60.00 feet, a central angle of 27001'18", the chord for which
bears S 61010'22" W, a chord distance of 28,04 feet, an arc distance of
28.30 feet to the end of said curve and the POINT OF BEGINNING,
Said lands containing 774 square feet, more or less.
Page 2 of 2
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POINT OF COMMENCEMENT
MOST EASTERLY POINT
OF PIERCE 100 CONDOMINIUM
RECORDED IN CONDOMINI~M
PLA T BOOK 19, PAGE 98
PINELLAS COUNTY, FLORIDA
S89'23'4f).W
50+ 79.88 92.86'
WESTERLY RIGHT-OF-WAY
\ LINE OF PIERCE
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CURVE 6
p,l. STA. = 49+00.28
P,K, NAIL AND DISK
X = 396982,970
Y = 1320378.304
6. = 22'50'54" LT.
T = 175.22'
L = 345,79'
R = 867,12'
P,C. STA, = 47+25,05
P,R.C. STA. = 50+70,84
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
CURVE 7
p,l. STA = 52+32,80
5/8" IRON ROD WITH
CAP
X = 396818,532
Y = 1320672,673
6. = 31"18'51" RT,
T = 161 96'
L = 315.82'
R = 577.86'
PR,C STA. = 50+70,84
P,T. STA. = 53+86.66
WESTERLY RIGHT-OF-WAY
LINE OF PIERCE
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POINT OF COMMENCEMENT
MOST EASTERLY POltn
OF PIERCE 100 CONDOMINIUM
RECORDED IN CONDOMINIUM
PLAT BOOK 19, PAGE 98
PINELLAS COUNTY, FLORIDA
589'23' 46.W
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CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
WESTERLY /
RIGHT-OF-WAY L1NEJ
PIERCE BOULEVARD
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CURVE 6
PI. STA = 49+00.28
PK. NAIL AND DISK
X = 396982,970
Y = 1320378..304
6 = 22'50'54" LT.
T = 17522'
L = 345.79'
R = 867,12'
P.c. STA = 47+25.05
P,R.C, STA, = 50+ 70.84
PINELLAS COUNTY rLA
Orr,REC,8K 11190 PG 1433
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CURVE 7
p,l. STA = 52+32,80
5/8" IRON ROD WITH
CAP
X = 396818.532
Y = 1320672,673
f'.. =31'18'51" RT.
T 161.96'
L = 31582'
R = 577,86'
PRe STA = 50+70.84
P T STA = 53+86,66
ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS . .
. "If you want irifGrr11ali.;R-lfuout coverage or need assistance to resolve complaints, please call 1-800-729-1902, If yoo "Jake a claim under your policy,
you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations." ".
Visit our World-Wide Web site at: htto://www.stewart.com
I.,
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
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GU ARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
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, aftorneys'feesand expenses incurred in defense of the title, as insured, but only
to the extent provided in the Conditions and Sti~lations,
IN WITNESS WHEREOF, Stewart Title Guaranty Compall~ has caused this policy to be signed and sealed by its
duly authorized officers as of the Date of POlicy shown in Schedule A.
Ii'
STE.WART TITLE
G~ARANTY COMPANY
AuthoriZ~ Signatory Q " 1. J
~cP.J. ~t~liio
Company
------ FL
~I
EXtl:.usaClHS. fROM COVERAGE
The following matters are expressly excluded from the coverageo-t 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 resulting 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 federal
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 creditor,
~ -- ---- -- -- -- ~ --
Page 1 of 0 2125
Policy _ _
Serial No,
229566
. i'" - (
SCHEDULE A
FILE NO, POLICY NUMBER DATE OF POLICY ACOUNT OF INSURANCE
00.1 0.0001 0-2125-229566 01116/01 at 3:21 p.m. $30,000.00
1. Name of Insured:
City of Clearwater, a Florida Municipal Corporation
2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE.
3. Title to the estate or interest in the land is vested in the Insured.
4. The land referred to in this Policy is described as follows:
SEE EXHIBIT "A" AITACHED HERETO AND MADE A PART HEREOF
For Company Reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the property is:
Street Name:
City/State/Zip: ,
County: Pinellas
The Company does not represent or insure the above address is accurate
STEWART TITLE
Reg, D 0012 Rev. 11-91 "NOT VALID WITHOUT SCHEDULE 8"
Policy Number:
File No.:
0-2125-229566
00.10.0001
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
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 and 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. Community property, dower, courtesy, survivorship, or homestead rights, if any, of
any spouse of the insured.
6. Any titles or rights asserted by anyone including but not limited to persons,
corporations, governments or other entities, to tide lands, or lands comprising the
shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the
line of the harbor or bulkhead lines as established or changed by the United States
Government or water rights, if any.
7. Taxes for the year and thereafter and assessments, if any, not recorded in the public
records.
8. Riparian rights, rights of accretion, reliction or submerged lands are neither
guaranteed nor insured.
9. Rights of the United State Government and/or the State of Florida arising under the
United States Government control over navigable waters and inalienable rights of the
State of Florida in the lands or water of similar character as to any part of the
premises herein described in Schedule "A" which are submerged beneath navigable
waters or may be artificially filled in lands in what was formerly navigable waters,
and any accretions thereto.
American Land Title Association Owner's Policy - 1970 (Amended 10/17/70)
Schedule B
Form 1021-12
Schedule B of this Policy consists of 1 Pages
r
PIN~LLRS COUNTY FLR,
OFF .R~C ,8K 11190 PG 1430
Exhibit "A"
A parcel of land lying in section 16, Township 29 South, Range 15 East,
pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of pinellas
County, Florida, said point lying on the westerly right of way line of
pierce Boulevard, lying S89023'46"W, 92.86 feet from survey center line
station 50+79.88 of pierce Boulevard per State Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224.63 feet, a central
angle of 24036'01", the chord for which bears S57040'51"E, a chord
distance of 95.71 feet, an arc distance of 96.45 feet to the end of said
curve and the POINT OF BEGINNING, said point lying S89045'13"W, 39,30
feet from survey center line station 50+21.15 of pierce Boulevard per
state Project 15220-2599; thence SOOo14'47" E, along the westerly right
of way line of pierce Boulevard, 20.00 feet to a point lying S89045'13"W,
48.61 feet from survey center line station 49+99.10 of pierce Boulevard
per State Project 15220-2599; thence departing said westerly right of way
line S89045'13"W, 126.64 feet to a point on a curve concave
southeasterly; thence along the arc of said curve to the right, having a
radius of 60,00 feet, a central angle of 27001'18", the chord for which
bears N61010'22"E, a chord distance of 28.04 feet, an arc distance of
28.30 feet to a point of compound curvature with a curve concave
southerly; thence along the arc of said curve to the right, having a
radius of 55.33 feet, a central angle of 33046'01", the chord for which
,_bears S 88026' 03" E, a chord distance of 32.14 feet, an arc distance of
32.61 feet to the end of said curve; thence N74041'01" E, 17.75 feet;
thence N15018'59"W, J,10 feet to a point lying S89045'13"W, 92.86 feet
from survey center line station 50+21,15 of pierce Boulevard per State
Project Number 15220-2599; thence N89045'13" E, 53.56 feet to the POINT
OF BEGINNING.
Said lands containing 1970 square feet, more or less.
Page 1 of 2
, ,
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PINELLAS COUNTY rLA
Orr ,REC ,8K 1 1 1 SO PG 143 1
Exhibit "A"
A parcel of land lying in section 16, Township 29 South, Range 15 East,
pinellas County Florida, being more particularly described as follows:
COMMENCE at the most easterly point of pierce 100 Condominium recorded in
Condominium Plat Book 19, page 98 of the Public Records of pinellas
County, Florida, said point lying on the westerly right of way line of
pierce Boulevard, lying S89023'46"W, 92.86 feet from survey center line
station 50+79.88 of pierce Boulevard per state Project Number 15220-2599,
also being a point on a curve concave northeasterly; thence along the arc
of said curve to the left, having a radius of 224,63 feet, a central
angle of 24036'01", the chord for which bears S57040'51"E, a chord
distance of 95.71 feet, an arc distance of 96.45 feet to the end of said
curve, said point lying S89045'13"W, 39.30 feet from survey center line
station 50+21,15 of pierce Boulevard per State Project 15220-2599; thence
S 00014' 47" E, along the westerly right of way line of pierce Boulevard,
20.00 feet to a point lying S89045'13"W, 48.61 feet from survey center
line station 49+99,10 of pierce Boulevard per State Project 15220-2599;
thence departing said westerly right of way line S89045'13"W, 126.64 feet
to the POINT OF BEGINNING; thence continue S89045'13"W, 20.13 feet to a
point on a curve concave southeasterly; thence along the arc of said
curve to the right, having a radius of 75.00 feet, a central angle of
22056110", the chord for which bears N47038'19"E, a chord distance of
29.82 feet, an arc distance of 30.02 feet to the end of said curve;
thence N89045'13"E, 71.09 feet; thence S15018'59"E, 3,10 feet; thence
'S74041I011IW, 17.75 feet to the beginning of a curve concave southerly;
thence along the arc of said curve to the left, having a radius of 55.33
feet, a central angle of 33046'01", the chord for which bears
N 88026' 03" W, a chord distance of 32.14 feet, an arc distance of 32.61
feet, to a point of compound curvature with a curve concave
southeasterly; thence along the arc of said curve to the left, having a
radius of 60.00 feet, a central angle of 27001'18", the chord for which
bears S 61010122" W, a chord distance of 28,04 feet, an arc distance of
28.30 feet to the end of said curve and the POINT OF BEGINNING.
Said lands containing 774 square feet, more or less.
Page 2 of 2
.. .....,
...
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
(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.
(Q) (This paraqraph removed in Florida policies,)
(c) 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 basis as
if the amaunt 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,
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,
AII/ayments under this policy, except payments made for costs, attorneys'
fees an 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 Compan)'-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 lhis policy to the insured owner,
12, PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorse-
ment 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 pol-
icy, 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 reme-
dies 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 Com.
pany, 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 subro-
gation, 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.
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 tOlay only that part of any losses insured against by this policy which
shall excee the amount, if any, lost to the Company by reason of the impair-
ment by the insured claimant of the Company's right of subrogation,
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rightsof the insured to indemnities, gua-
ranties, other policies of insurance or bonds, notwithstanding any terms or condi-
tions contained in those instruments which provide for subrogation rights by rea-
son of this policy,
14, ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur~
ance Arbitration Rules of the American Arbitration Association 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 arisinq out of or relatinq to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obliqation, 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 bindinq 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, Judqment
upon the award rendered by the Arbitrator{s) may be entered in any court
havinq iurisdiction 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, LIABILITY 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 Com-
pany, 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 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 rolicy shall be deemed not to include that provision and all
other provisions shal 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 P,O, Box 2029, Houston, T exes
77252-2029,
STE'VAH.T ~""I~rLE
G U A RAN T Y (' I) M I' AN\'
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