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ROY RIGEL (2) Made. this Between ROY A RIGEL, Widower of the Coun~y of Pinellas party of the first part, and CITY OF CLEARWATER ELORlDA 77 whose mail1ng address lS 'PO--:S-ox T~7!:8, Clearwater, J..35". of the Countu of Pinellas lnthe State of Florida party of the second part, Witnesseth., that the said party of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable considerations 1Jbll/JirlJ, to him in hand paid by the said 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: l FORM 1104 ~ ~~ ~? sf ).'\~,,/D ~ r'". \g " l ".'\.' )' " /..}~' " .,., "..' (( ~fi TUTllLANX REGISTERED U. S. PAT. OFFICE WAR..ANTY DBBD-(SlalU'O'Y Fo,m,) 6' L' 1.'6~ 4, ( 0 Tuttle Law Priot, Publ..ishers, Rutland, Yt. ~ . u, .}O. '" ~ ..... .... f1!f!5 T .....r. .'. .,. .. n.R 2459 PAGE 4: 71 i..hi!i Jubttdurt~ Wherever used herein, ,the -term ((party" shall include the heirs, personal.representatives, successors and / or assigns of the respective parties hereto; the u..~e of the sLngular 11:umber shall include the plural, and the pJ,ural the sin,4ular; the use of any _t~nder $.~nll ~nclude all gender::;,' and, if used, the term ({note" shalt include all the notes nerem descnbed if more than one :l-~ ~ day of August .4. D. 1966 in the State of Florida en rn -0 :I: ~."O :D_ ~:z CI ~;:o :r. r rn ~~C' jilnO :z c> ;0 <;7' ~ ~ ;:J rn moO . ::0 M_ ....0 ;,. ?' The South Thirty (So 30 I) feet of the following des cribed property: The South One-quarter (Sl/4) of the Southwest One-quarter (SW1/4) of the Southwest One-quarter (SW1/4) of Section 9, Township 29 South, Range 16 East, Pinellas County, Florida - ("c' W .t: .... -0 :3: .. CTl en U) '. ",::::r. 1\_'.... ~._..~ -~~ . ~ r"~ ,., ,~, ,. r.~~ .,,, r.::: r n r-;; I;-'i ... "d ; t.. 'c' ;->0.' .... k _ .~, "., I ,_,1-.1\ ~~J ~~~~y;:~:~\!~~:i~~~i:'~t~;_.l~~~ :=. (;\-I~I;":'"....Jd-). lOt: 0 == ::;: \ t~:.~~.-:'~_:Y J u::= """'O"'Tllll I E.~ ~ .,. ~-p 1 - D\~:~!'r I,;.; /;~ ':~_~~-i~~I?:~".. .. _".,. ,,_"_ .,_.~.__~ .." . _.~, I.U :::::> Z I::) 0: C) And the said party of the first part does hereby fully warrant the title to said land, and will defend the same a!!ainst the lawful claims of all persons whomsoever. In Witness Whereof 01 the said party of the first part has hereunto set his hand and seal the day and ,;::J;r first above written. Signe, eal..~:) D r ~=~~ur Presenee, -a. ...a r;iL~f ~. ~~ 4. /.V'~ . Roy A~igel ~_... J State of Florida, County of Pinellas <1 HEREBY CERTIFY, That on this day personally appeared before me, an ~ill;,,;duly authorized to administer oaths and take acknowledgments, \~~'~ ..,.>~,;_ :.";';:!"'~ ~':~~l :'i'1;;: ',~'~ ,iY~:~'~~':': ;"\,.,,t~'~~t"b-~.RIGEL, Widower ,,:.~ ~'> " t9fr).~;);;~it'~.known and known to me to be the individual described in and who :t.exk'6If}ted:"t4'Y.Kforegoing deed, and he acknowled~ed before me that b: " :~ec",e~~quted the SO-lne freely and voluntarily for the purposes therein expressed. " l)s'WIT~~my ~and and official seal at Clearwate:; . ~ "Qo.unty,<Qj,:; Pmellas , and State of Flonda, th~s ::2.,. ~ ~ .(',:.':.dJ)u,:,;piJ\-.\~,'. August , .4. D. 19 66 :"~' L d~~;\,.,::..':" My Commtssion EXPires~J/I~' ~tatY' ~QO!'" 'S'~"-'- 1M{,~t.;""",:~" -ti'hq of ;t/prida at La 'B Y, ommlSS/0n Ex.,.,;",,;, 0' 'x..' '..'no.. ; ~rge, , onded b A . ,'. <..> e" '.1.0 '11 ... . .Y .mericanSuret' '" "..~ . '.: } ~~.~ Notary Public ~ /2 Off 5 - DO - 8 -r e CLOSING STATEMENT Seller: Roy A. Rigel Purchaser: City of Clearwater, Florida Property Description: Property in Sec. 9-29-16 Credits to Seller: Sale s Price Credits to Purchaser: Earnest money Deposit Cash to Close - Check No. J 4559, dated 9/14/66, payable to Roy A. Rigel $ 350. 00 3, 150.00 . Clearwater, Florida September 15, 1966 $3,500.00 $3,500.00 $3,500.00 Purchaser fS Expenses: Real Estate Commission Check No. J 4560, dated 9/14/66, payable to Blanton Realty Company Documentary Stamps on Deed: Federal $3.85 State 10.50 $350.00 14.35 $364. 35 t e _ AGREEMENT OF SELLER AND PURCHASER THIS AGREEMENT, in the following Real Estate sale negotiated by Blanton Realty Co. (Not Inc.), Agents, made and entered into this ___25-th.__ day of ____________AugnsL_____________ A. D. 19.hfL_, between __________________________ ___~{)J{__~a__~l~_~_~________________________________~_____________________________________________________________________ __h__________________________________________________________________h_______________________ hereinafter called the seller, and ---~I~_~__~J.C__~~~~_~~_~:r~~_______________________________________________________________________________________ -------------------------------------------------------------------------------_______________ hereinafter called thepurcha~r. WITNESSETH: That for and in consideration of the agreement of the purchaser, herein contained, to buy the hereinafter described premises and the sum of $3.5.0~'O'Q.____________________________ binder paid to said agent, the receipt of which is hereby acknowledged by the seller as a part of the purchase price and to be so applied, the seller .hereby agrees to grant and convey unto said purchaser, his heirs, executors, administrators or assigns in fee simple, clear of all encumbrances whatsoever, by warranty deed, subject to restrictions and reservations of record and zoning regulations, the real estate situated in Pinel~as County, F~Orida, and deSCribe~ as follows, to wit: ~~!:~l'h!~ty-(~-~-~9-~Li~~Jd~..:L---- --.the-iollawJ.ng-de..s.c.nb.ed_pr_Q-Pe.r4':..___'I1u;;_.Q..\lM.li...._nlJ.,I,-1.}1_iS~~_~-~_th.e_SQ.uth._O..ne_-=-_ --.Quar.te.r--~S.114l-ai"the-.s.Qu.th.we..s.LO..:o-e_-=-Qua;r_teI_iS.w:lL4)..-QL.the._s'oJJ.thws:..aLQne..=.Q.u..ar..te r --JS-WJ.JA1-oi._S_e.c.tiQn._9~__T_QWJllih.:lP__~..9~__Rg"D..g..e-JQ._~~Q_t..._Ein.e].J_~_~_~_QWl.tyJ.._EIQKidg._L_____ --..s..aid-tJ:.a.c1..b.eing._g.-PP-l'_Qxima.t.ely__'r.b..i:tj:~-.l.1Q~tJ..e_~t_hy-'_~p-~_Q~im~t.ely__Qn.e__T_b...Qy.Q_~n.~L__ ---Th.r-e.e.-HllndIftd__Tb._:ll'j;_)l:::ej,.ghj:_ilJ_J_JJ~)_i..e~Lle_~13__Right_Q.:(_w..g.~_Qt~t~t~__RQ.g...<;L2!l.J_.________ -----------------------------------------------------------------------------------~-------------------------------------------- --------------------------------------------------------------------------------------------------------------....----------------- ----------------------------------------------------------------------------------------------------~--------------------------- for a total consideration of ---Thr.ee.-ThQ.us.and...F.iv~.Hundr..e.d..1_$.1...5.Q.O-L-Q{)_LD.Ql1ar..s_""'------_______""'___ according to the following terms to-wit: ______________________All_________________________________ cash at delivery of deed -------------------------------------------------------------------------------------------------------------------------------- --It_iE._?-.K~~~_g_J?!!!"sh~~_~~_wgA_!~_~~~b___<?~__!~~]._~_~_~~~~~~~_~_~~ci2~!'_~E:~~_~.!:_Y!g_:l:_~]._~~____ .--p..a.}[-the__Re..a.l..Es_ta.1.e__C_QJJ.lmiliQ_:lQn_Amt_:QQ_~_'J.m~!l_t~KY_~_t.~.m.Rp__9}}_1l}~_R~~_d_._________.________ ---------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------~------------------------------------------------------ --------------------------~-----------------_________________u__________________________________________________________________ ----------------------------'---------------------------------------------------------------------------------------------------- itmc~~>>JI~~IllIK~Il(~dc::me1lCimrdla.tl~ JliMli::=!bI~:xLKDIXIeXI:lIX.:ilJCCIktKiB:edxkDm::la~JmdXtliat~IK----------------- :xlm:tlXlitmx~~~~;JWOlJI.itl.I'j1lj,r~~KMNlX1IiX~~xbsIK::Glt~ JlIDmIlde:xllbii~1lSJLX%1me:xbOa:txmK~~ Said binder money is paid to assure seller of buyer's good faith. and in the event buyer fails to perform his part of this agreement according to the conditions herein, the binder money shall by reason thereof be forfeited and retained by seller as liquidated damages. Loss or damage to said premises by fire or otherwise, and maintenance of improved property, including grounds, until consummation of sale, is assumed by seller. Possession of property to be given at time of closing unless otherwise stated. In the event of sale on terms, intangible tax . on purchase money mortgage to be paid by seller, stamps on note. to be paid by purchaser. Television antenna and Drapery rods if. attached to improved property to remain with the property unless otherwise stated. In the event purchaser's attorney objects to the title, then the seller shall have reasonable time in which to cure the defects on which the objections were blJsed. If the defects cannot be corrected within a reasonable time the binder money shall be returned immediately to the purchaser. It is agreed that ______1~fl6_________________ and all prior taxes are to be paid by the Seller ______________________________ -------------------------------------------------------------------------------------------------------------------------------- -~-c:l!1s~-~-12e--0J1-Jl;r--1>-~~<;!~-e--~~I?-t.e-~h~-l'--b;>--'---t9_Q_l!______________________________________________________ It is agreed that it was through the instrumentality of the above named agent that the purchaser. became interested in said property but that purchaser's decision. to buy was based on his inspection and investigation of the property and not on any statement or representation of the said agent. The agent shall not be liable --or responsible for failure-or--default of his principal in carrying out the terms aud conditions of this agreement. The customary commission for obtaining purchaser shall be paid to said agent by the Seller. Said purchaser hereby agrees to purchase and seller agrees to sell said property at the price and on the terms o\lnd conditions above set forth. The agreement and covenants herein contained shall extend to and be obligatory. upon the heirs, executors, admin. istrators and assigns of the respective parties. Witness the hands and seals of the respective parties hereto the day and year first above written. Rof?1KlgefLJ::?~--(S.n.;ri- (Seal) .-~~-~-- - -~---:i::=:~:_~~~~L:=::=: (Seal) ,~ Witnesses:' (Seller) ....... --. Approved.. as t''Q F<jr--m & Corr~~tnes s ~;;-~~~~~-~-------- . - -- . C 1 :t yA t torn e y Act,ing ..: City Clerk: ~-""c--<dh ~~ -c;;..:r.~-~T (Seoll -.&.:(. - _______ (Seal) Mana er (Purchaser) 'h:.~Ji 'rell j~! 1I,~.f...;,',.,',;,~..j'.I, .1"" I I,"'" s';": :;~~~11 "(ill ~illl 11".....,..'.. Iv;;! I~"I'I I!~! li'lJI I;~II I~I I'!~il I!I 'If I ~I ';Cd r,'.'[ ('I "',','.'.11 i~;f':i 'v' I'r,.'.,.,'.....!, 1[9;;j'I.' f:"1 i~~)jl W'/iI .It,.,~..;,i.1,1' I~' I i~tl 1"'''11 1~7jl' l;r"..f,J...,:I. I'._'! i ~; i 'i::' ~;: ..'..,..'........,..,....'! i~i, ! !; 11.,..:..(.'"...(.:.:,..J1 11 III 1 ;,~,..:.'.I,.II. ':~: 'f;JI i,~ I ;;t I. ,~~II I~ iffl! 11':,;;1 'I: I'; ~~ \,~,~r.~JS~:~~:~~~- 'i!~' A "1;~\;-;'!i!~' ;,.(J .1" . - ,~~~~;:~j~~~_:~~~;~~~~~~~~~ :il.~:Wd~~J;'_;~;:~~~~'~k~1\r-;8i;'..,i~~:~'!i;-H~!::~!I:'!!~:'!J~"-'i~P"~*'-:t~.~~lO'!~~:';.!.~~~-~-' I 66-6722 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY STANDARD FORM A - 1962 10 13 01 01781 CHICAGO TITLE INSURANCE COMPANY A STOCK COMPANY a, corporation of Missouri, herein called the Company, for a valuable consideration, hereby insures the party named in Schedule A, hereinafter called the Insured, the heirs, devisees, personal representa- tivesof such Insured, or, if a corporation, its successors by-dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorney's fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Lack of a right of access to and from the land; all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed; all as of the date of this policy. In Witness Whereof, CHICAGO 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. Florida Bonded Title Company Metropolitan Building 318 S. Missouri Avenue Clearwater, Florida CHICAGO TITLE INSURANCE COMPANY Suite 112, 300 Building St. Petersburg, Florida By: Q.~. rJoc.~president, mm (~~ 1!h.~.~91~ Vie e VaIidating Signatory 'l .1 ---~~__ I President Secretary. IMPORT ANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens, or encum- brances, this policy should be reissued in the name of such purchaser. '\il.;W:J!t;j:i!!~iljli.'~~'!'-:~:iiH!ii'-~I~._ ;:.'~H!~ ,mr.:'\,'.',._:r:.i!iH~~:":~"i;!!Hr:l;:,q_~ ';i!i;~~f'" ,', "j,~'-'i!:Htlr.':,n.:p'-;$!Hii"~- ,;; "~f,~:,;"1i "., ."'~~:_':1ii .'," :,' ".: ,,;~; ~F' "~'~"$~:;!t', , p' ';iHi~' 'I . [r,; ii' :1,,, II\t~! I';oi II~i 11~1'11 It I /'",':.,:.",1 "1 i!~1 I~ 11;'ij 1:&1;11' I'.,.'.'.:.:,'."! I!~'I l~: I '":111 Im~ 1:;\'1 il~li It;...,'...,',.,'1 I,',' I.,..., Ili;[1 il~1 ,r".1 jl~! i IW~I I~!i -rr~ ~,) , . :~h i iiJ-' ~I'! "'.,:......,'...,',.,[i ::11' ,~~ I ::-:':~ II~~ ,... it!;;, ~~: : '.~~ , i '~:'-- : "il ill~! i I '- OWN E R 5 FOR M Form 3225 /d 66-6722 SCHEDULE A 78. Policy Number 10-13-01-01781 Owners Sept. 19, 1966 Dat. of Policy Amount of Policy $3,500.00 Owner. 1. Name of Insured: crTY OF CLEARWATER, FLORIDA 2. The estate or interest in the land described or referred to in this schedule covered by this policy is: FEE SIMPLE 3. Title to the estate or interest covered by this policy at the date hereof is vested in the Insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: NONE and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: The South 30 feet of the following described property: The South ~ of the SW\ of the SW\ in Section 9, Township 29 South, Range 16 East, lying and being situate in Pinellas County, Florida. This policy valid only if Schedule B is attached. Policy Number 10-13-01-01781 Owners This policy does not. insure against loss 'or damage by reason of the following exceptions : (A) Rights or claims of parties in possession not shown of record. (B) Encroachments, overlaps, boundary 'line disputes, and any matters which would be disclosed by an accurate survey and inspection of the premises. (C) Easements and claims of easement not shown of record. (D) Mechanics' or materialmen's lien or other statutory liens for labor or material not shown of record. (E) Taxes or special assessments which are not shown as existing liens by the public records. (F) Rights of Dower, homestead or other marital rights of the spouse, if any, of any individual insured. (0) The mortgage or trust deed, it any, shown as Item 4 of Schedule A. (H) General taxes for the year 1966 and thereafter. Schedule B of this Policy consists of pages. - .-'" ~ -'-~' -_._~.....~ . - ~,-.~'~'.-"';"--~,-,-, ---. ~---.....--' -"-,-'-- " e .-------- ~-..-;_._~-_.~- .~ . CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (a) "land": the land described, specifically or by refer- ence, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart con- structive notice of matters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public records; and (d) "date": the effective date. 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A. (b) Any law, ordinance or governmental regulation (in- cluding but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimen- sions or location of any improvement now or hereafter erect~d on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (c) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (d) Title to any property beyond the lines of the land expressly described or referred to in Schedule A, or title to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways (except to the ex- tent the right of access to and from said land is covered by the insuring provisions of this policy), or the right to main- tain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights or easements are insured. (e) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured; or (2) known to the Insured either at the date of this policy or at the date such Insured acquired an estate or interest insured by this policy and not shown by the public records, unless disclosure there- of in writing by the Insured shall. have been made to the Company prior to the date of this policy; or (3) resulting in no loss to the Insured; or (4) attaching or created subsequent to the date hereof. (f) Loss or damage which would not have been sus- tained if the Insured were a purchaser for value without knowledge. 3. Defense and Prosecution of Actions - Notice of Claim to be Given by the Insured (a) The Company, at its own cost and without undue delay, shall provide for the defense of th~ Insured in all litigation consisting of actions or proceedmgs commenced against the Insured, which litigation is founded upon a defect, lien or encumbrance insured against by this policy, and may pursue such litigation to final determination in the court of last resort. (b) In case any such action or proceeding shall be be- gun, or defense interposed, or in case knowledge shall come to the Insured of any claim of title or interest which is ad- verse to the title as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or plead- ings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Com- pany shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title as insured; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby con- cede liability or waive any provision of this policy. (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 it the right to so prosecute or provide defense in such action or proceed- ing, and all appeals therein, and permit it .to use, at its op- tion, the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Com- pany all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse the Insured for any expense so incurred. 4. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 3 (b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no re- covery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the' Insured of any action under this policy. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to payor settle or com- promise for or in the name of the Insured any claim insured against or to pay the full amount of this policy and such payment or tender of payment, together with all costs, at- torneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. 6. Payment of Loss (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obli- gated hereunder to pay. (b) The Company will pay, in addition to any loss in- sured against by this policy, all costs imposed upon the In- sured in litigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice; or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accord- ance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 7. Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage or deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of trust hereafter executed by the Insured which is a charge or lien on the land described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy. 8. Coinsurance and Apportionment (a) In the event that a partial loss occurs after the In- CONDITIONS AND STIPULATIONS (Continued on Reverse Side) CONDITIONS AND STIPULATIONS CONTINUED sured makes an improvement subsequent to the date of this policy, and only in that event, the Insured becomes a -co- insurer to the extent hereinafter set forth. If the cost of the improVement exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the improvement. Theforegoing provisions shall not apply to costs and attorneys' fees incurred by the Com- pany in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs imposed on the Insured in such ac- tions or proceedings, and shall apply only to that portion of losses which exceed in the aggregate ten per cent of the face of the policy. Provided, however, that the foregoing coinsurance pro- visions shall not apply to any loss arising out of a lien or encumbrance for a liquidated amount which existed on the date of this policy and was not shown in Schedule B; and provided further, such coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as sO improved, does not exceed one hundred twenty per centum of the amount of this policy. (b) If the land described or referred to in Schedule A is divisible into separate and noncontiguous parcels, or if con- tiguous and such parcels are not used as one single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the face amount of this policy was divided pro rata as to the value on the date of this policy of each separate independent parcel to the whole, exclusive of any improve- ments made subsequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. Form .1021 1jj!r~,.,<. ~i ,~\'~"';~;:i~'~.~-';~~.!tlr'~"-.'-:> '\t{ ~-)if# ~_ ., r .,', .!\\}'i~! ':~Hk,' iji/ ~~ -"-',~.: 9. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act, of the Insured, and it shall be subro- gated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this. policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such 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 hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 10. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the title insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached here- to signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Com- pany. 11. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be fumished the Company shall be addressed to its office at 111 West Washington Street, Chicago, Illinois 60602, or at any branch office shown hereon. ~ rJJ n (j) ~ 'Tj S. ~ ..... - 00 (1) 0 '""0 (t Il> ..... ::I. (1) ... ~ (3 0.. 0-SNI · 0 ..... ..... ~ '0 Il> (1) ..... Il> ~ 0 ~1>. +'-0 ... JV ..... t:C en (1) :=: cr' ~... en ..... 0 s::: (j) en Il> ::l ... 0 'Tj 0 ::l 0.. () 7' ~ 0 - S. t:C (1) tr1 0 0 0.. :!l t:C ... ~ s::: ~ ~J s::: ..... ..... 0.. - 0 ..... 0.. ..... ::I. - Il> ..... 0.. (1) er - 0.. g (1) Il> I:f (JQ n ~~ A,,')1 (JQ (1) 0 :<i l\T y . 1>- ~ Il> ~ "-; . ::i:;! . "~"fr~~. ...... Z ~(f:l~O OC......~ ~~~Z ......>~~ OZ~~ ~O (f:l ~ R 7-0" :::d ~ 1-'. ~ ;::: .. 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