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EUNICE AND GEORGE F MCALESHER , '7--'5' (-: "'-! 0 .-" II "((:J' ~&r Lit ,. 2.', 2n,~ . .~,~ '! " " ",. . I O.R . JJ (AIJe,,""!,.' Manufacturedlnd for sale by The H. & W. B. Drew Company Jacksonville, Florida WARRA.;rrl DEED DREW'S FORM 01 lREV,) I "":' 3333858 lhis Uarranty Jaeed Made the 20th day of September A. D. 19 65 by EUNICE McALESHER, joined by her husband, GEORGE F. McALESHER, hereinafter called the grantor, to the CITY OF CLEAR WATER, FLORIDA, a Municipal Corporation, whose postoffice address is PO Box 1348, Clearwater, Florida, hereinafter called the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument. and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporatIOns) Uilnessdh: That the grantor, for and in consideration of the sum of $10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, re- mises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: The North 10 feet of Lot 3 of F. Bruhnts Subdivision, according to Map or Plat thereof as recorded in Plat Book 11, page 63 of the Public Records of Pinellas County, Florida. Cf) 1'1 --c r...J r-,...) :J: y,. ~"lJ -0 '6,% !;~;:x:J r-rn .,... (""') II .,.,,0 :...7.) - ;~ :. ..;.;~-n ~!',JO -'::':',;1 ,...;J V1 (<) >-..-, . ,-r~) ;::rl .:1,::::'" j_ ..-.- ,,'.,~-- ......-:1 ::-1~: t.J.J Z (-~:'1 --:-0 ll1'il7 .:0:;> ;,... '- I . 0-- .. . 0--' =~~ - ~ I =: (L, '.:.."".t Together with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. To Jtaue and to Jtold, the same in fee simple forever. Rnd the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1964. In Uitness Uhereof, the said grantor has signed and sealed these presents the day and year first above written. :fG:~j:~~~~l==: eor STATE OF COUNTY OF FLORID PINELLAS SPACE BELOW FOR RECORDERS USE I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Eunice McAlesher, ip.l~~.bY'her husband, George F. McAlesher, ',' --; ::~~.-~:_--~ ;' .~. "::-..'- < ",,", ,,- . -,-' ;. 1 to ine"krlb~n ~o ''j;e' ~be person S described in and who executed the !1 ~:' ~or.!,_going mstni~eI?t'~~ they acknowledged before me that they . ': cxeC\:lJ;eQ- the.&am~; ? ,', . - , -wt'nolI$S my hand and official seal in the County and " - 'Stat; l~st aforesaid this 20th day of , ..' .,'.. .,i~~r ~A. D. 1965 ki&3... .;'STA'E.AR1~.-tA .~...... ......"'..., " MY COMMISSION EXPIRES MAR~fw-t~:r':;p BONDED J:HROUliI'tl'JiEQ JoY... .l:!11.I...~iQm . ~~~~~=~.l (i'l) . ---7/ ~) ~ ' ),,- (" /. ) },~. 5........ 1fi/) '. FORM ,1}09 Flm:da Photo.tat TUTBLANX REGISTERED U.S:PAT.OFFICE 2333386B I 7UflleL~.-\"ffOUb;S~~:1}?r(j....d.YI. I!JIf . tJR r...Gt).j ,LL...".....(} ltig lInbttdun JJ"'1ulrever ~ed herein-, the unn' uparty" shall include the heirs, personal representatives, !JucceS8ors fJ-nd / or assi~n8 of the respective parties hereto; the lJ.rSC 1){ the singular nu,mber shall include the plural, and the plural the sin.tu1-a,r; thi' use of any gender ",hall include all lenders; and, ifu.sed-, tM term (lnote" shall include nll the notes h/~rein described if more than one. Made this Between L. SHEARER, 20th day of September A. D. lJ) 65 MOLLIE E. SHEARER, joined by her husband, STANLEY , of the Cvunty of Pinellas and State of Florida , party of the first part, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation, whose postoffice address is PO Box1348, Clearwater, -. '. , of the County of Pi~as and State of Florida \ party of the second part, \v ttnesseth., that the said party of the first part, for and in consid,?ration of the sum of-- - - ----One and No/ 100 -- - - -- - -- - -- - - - - - - - - - - - -- -- - - - - - - -Dollar~ in hand paid by the said party of the second part, the receipt whereof is hereby acknowl~ edged, has remised, released and quitclaimed, and by these presents does remise release and quitclaim unto the said party of the second part all the right, title, interest claim and demand which the said party of the first part has in and to the following descr!bed lot , piece or parcel of land, situat.e lying a.nd being In the C.punty of Pmellas State of Flonda, to w~t: c/J '~-o ~ g~ \ .rn~ r..J: ~-- r-'- \ ,.n -; 7., ,0 _ '.'0 ;....:> ?-:P .-.0 ::~rm <''',,~:.>'G"":) ""1'~ To Have and to Hold the same, together with all and singular the appurtenances thereunto belonging or in anywise. appertaining, and all the. esta~e, :right, title, interest and claim whatsoever of the sa~d party of t~e first pa-rt, e~ther ~n lnw or equity, to the only proper use, benefit and behoof of the sa~d party of the second pa,rt. In Witness Whereof, the ,aid party of the first part has hereunto set his hand and seal the day and year first above written. Signed, Sealed and Deliv d in Our Presence: ! VJ ,.-.: , .o.c::r ;..- --"~ .--::..." ---.-.: ~ '0'>--'" I-~..' _,_~) :;':::': ;:~.') (:~ CJ '. , The North 10 feet of Lot 3 of F. Bruhn's Subdivision, according to Map or Plat thereof as recorded in Plat Book 11, page 63 of the Public Records of Pinellas County, Florida. U1 J';;' -c :3~"" .- ..- ;'-0 ;;7 ~ ~ en t-J''\ c' "'i::'AT E OF\': LOR Ii) A DobUMEN~~~~~~IA~~ U~~ .",----' . ~,//_')--"--;,-";'::--,_.(';,'-':- p- == ~';'P22'65 !!!1i~~:~~;~;~ - (,:::: == ,x, !i~c' -""""'i ft'! '. \ '1 ,., ::~ ~,.~,',~,~:~PT~GUH~~~~;:,~%~~j:~ ._._..~.~~~ ,- ,", (~;/ - ,',,1 m ~~ ~~ 8 ~~ 1.. 0 ~/UV)) State of Florida., } County of Pinellas I HEREBY CERTIFY, That on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowled~ments, Mollie E. Shearer, joined by her husband Stanley L. Shearer, to me well known to be the person described in and who executed the fore~oing instr1J;mentand they acknowledged -before me that they execu,ted thes<Jme freely and voluntarily for the purposes therein expressed. ~.WITNESS my hand and official seal at Clearwater Cou'ttt'y of PiI,iellas , and State of Florida, this 20th ddypf September A. D. 1965 . . ".'; , -otary Public NOT,~RY UOllC, STATE 0 L RIDA at LARGE . . MY 4QMMISSION EXPIRt'S MAR. 30, 1969 .Illy Comm~SS~Olfli>NJ11.a;JifU'rJYiH F':RI::B.... u.~......LHU~8l: / /, I I 8.".....1' JOt 1'65 ......~:t...,.~~.~_,~J ~~... .. .......61.... 'elll" ~ .... ....... ..... .,. ........... ....'. ...... j." ItJ ............ ".at., In, ..... 1M." ~,t:.-:I'.. ,4)'. i I PUClIASD.z .O..,.,~. ........ .~.'".''l''''''' weS..,........ ..............--. ."" .. .......... .. ....... laPJM. --'11. .... ,61 .. .. JIWaIk ........ ., ...... a..". .....1... ... ..en........ GMO .... ."Z .. :111..1.. MfAM__ ... .... ... IthAh..... .. f.u HItl....l ....... .... .,.01......... 0.... .. ".... ......a. .....~".J~..&.. ...... tai.'llUl.III.. ..'. w. PIt.. r 11 un.'. ~ III .......... "'. ............. .. J.p....'... .......... ..... .. .... ..... 1M .... ..tun ..........., .. ..... ..... .. 1M ,... W'. .......,. ........ ,.. ..ft.... TWf la' ....111M .... ..... ..... ....... ., ..~. .. filii __11m.. ....... Is! Eunice McAlesher v l[l~'~ I sf George F. . McAlesher, U~IV _ , "'" ,. I~:~ 1_ /s/ Stanley L. Shearer I l. '1IIi.._L.W~ _._ ~ rn I r t I --_._----~ Amount to Settle ~=~___m_____.___:__._ Account No. I CITY OF CLEAIWA TER, FL'RIDA Description Lot 3, Bruhns Sub. Statement. .0' Delinquent Taxes and Special A88e8ement8 I " . I. /' ~ / /' ~.,::.~~. '~., ' ,1:~-'"..I:,_,{" ,-..... ( Sec. 10 Twp. 29 Range 15__ -_.__._~-----~._.._------_._.,_._.._-----_.-------_..- ---..' .--------.---------..- 19 ...----------- - i! Discount or Interest and i;', Total Abatement I Costs ' Amount Ii .--.:...::::~:=."7"Jil \i\ , :1 II 'II -r- :' I: ------ ~~ I fl- .--n--+-----~'1----- Clearwc ter, F:la~ I i:. A 'g. 31,' 1 ~6 5 ! -~ .~1-_++--__+-.- --'I~-" 'I' i I: I" to th ~ re ortla of, this 0 fice the e..<l-r;v:> inn Ii. i il I -;r, 04.9 ! :u: I '-tt----r-- .j. or _" or prior years or any unI aid imnrov~menti ill nst t:,w T', A.l ~~~~~ ~.'hA -'-- -:-t": i Ii l- ~ Ii! -1.1.1 - I ill_J--+-_ CITY 0 . CLEAR"[;''!'}. ~ FLA. 'J--l--~--1- /~ ~ ~i li__~__~_LI /// ./J~ .If I---n-I' ,I, BY / r;; ~~ D:' V P ~ j' Iii Ii ! ~}:'y C1erk1 s De bartrre it ~--r iil ~ I II -:- 11 - 1--- V I 11 i Ii . .' I il +-' Ii! H- \ r---~__ i 1., =L-- II I' II ,I'! 1 II ',I I'j ;,i -----1 I -1t----~m--t----lr__- -------j--- I I I" I I;' I Ii i Iii Ii I ii, .r-- ~.! ____L i: ~. . I' i II -I ,I i---~ I ! 1\ , , .1 -----+-~---tl- - I j! i jj \ ~:~:~;:"~ ~I~t:~::n~~~ .1L___ . .. .. i Ii I ! !: I r--r +-~--t- mil. ---~+,--- .,___L I I II I , 11 -+- L_lL 1 YEAR 11- _I Bond Tax Tax for I Operating Tax Amount, of Certificate Certificate No. ! Certificate Owned by l=~=... i j I \_-- I I _ ------1 .----, , -- 11 i ' t-~ L~---L--l--~-c- --- -- .... I 'i .. 1\ .11 I ! I Acco 'din€! lJ~ ty t.ax,e lien a.e.:a I 1 I I I ---I ----r- I , I I , I I 11 11 J u_____ i I -- L Ii Kind Iii I' Ii " ! Ii I ;1 " I Street or Avenue It II origlna,+'j Balance L.len Due I i I j . Certificate No. ~I I I I i I 1 -t--- I 1 -+-- .--- I The above taxes a~e figured to____________________________ f 9 After that date additional interest will be charged. Please ret.urn this 8tat.ement wlt.h remlt.tance. I I CITY OF CLEAR WATER CITY HALL - PO BOX 1348 CLEARWATER. FLORIDA AFFIDA VIT OF NO LIENS STATE OF FLORIDA ) COUNTY OF PINELLAS ) Before me. the undersigned authority, personally appeared Eunice McAlesher, joined by her husband, George F. McA1esher, and Mollie E. Shearer. ioined bv her husband. Stanlev L. Shearer. who, being first duly sworn, depose and say 1. That they ar e, the owners of the following described property in Pinellas County, Florida. to wit: The North 10 feet of Lot 3 of F. Bruhn's Subdivision, according to Map or Plat thereof as recorded in Plat Book 11, page 63 of the Public Records of Pinellas County, Florida. z. That said property is now in possession of the record owner s . 3. That there has been no labor performed or materials furnished on said property within the past ninety (90) days for which there are unpaid bills for labor or materials against said property. 4. That there are no liens or encumbrances of any nature affecting the title to the property hereinbefore described. 5. That it is hereby warranted that no notice has been received of any public hearing regarding assessments for improvements by any govern- ment within the past ninety (90) days, and it is hereby warranted that there are no unpaid assessments against the above property for improvements thereto by any government, whether or not said assessments appear of record. 6. That the represeritatiorisembraced herein are for the purpose of '. inducing the City of Clearwater to purchase the above described property. ~tU;LQ 7IVLta~L4k /Jaz E~iC1CAlU(;r~ L r ., .l:xeorge F. McA1esher '.''- - September , 1965. - --- ~. . SW6rii-iQ~.',~tl subscribed before me this '." -- , ~ :~ -:.. -./. -":"~Y"-Goxh~'f~ion Expir e s II, ... I 'IE~de~~en?~~~~~ ~2:~R TO: CbrA....., FROM: at'" ef Way A._ / COPIES: City V....., CIty Glwk. ........ ....... City ~.... SUBJECTP-.... A....... _.__ DATE: lept~._.. I'" U: ~r;a:k. MeAl...... tIt.a... DAX... II N. ___Ii. ... ..... tilt. ..... at 1M ....... ., w... V.w. K. ...... 611 MU'... ...... .A.cUI .. aM .."., ... t... ,. ....V_ ., tile ct., aa.k an ... f......... w...." .... ....... " ,.... ..,Al.... ... .... r. Wdle...... __ ........ QUI eJ.. .... ......... ..., w-IUe" .......... ~Jll1l.,. 1.. ..... Ia_ .._..., .. .. ....... .Am..... ., _. Lt_. ow.... fttk ......... '. J _ fitl. ......_. ....... .. tIl. pdMlpal .-..... ., ..... M',....~_ elf ......-. .......... .. .. ...., ... .. feU._1q1 101 It. ft. ., aeu. at... 30 ... ft. .,.... 1&..... plMe:.. ........ a..... lW1y b.. ... . .....~ ."'. Jaq. ..., Yhe. ........ ~_. ........ .a,: -'jeetIJ ~-:-t7.... .. .. ..... III ,...,. 1Ia.M/.. A to City C1e,k'..capy ;[lz/9j"0r Ii- })// 'I I! - 6/1'1/ /. If/!::- /It e S!-IlE'I:;; -e. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY STANDARD FORM A 1962 10 13 01 01178 65-5296 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- tives of 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: I. 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 , . \\1\ S U;' 'h\~" '.. '.o'\~. "....,.., 'AT .'L-. /...."v,. ""lC' )i.~:C~RPORA;;'\(,>\ >/-: ,0 ;' . ""'i .,---, .'''"' '. . .:(, ........ . .=, ',\<::!\ ati!lt\r!~ (', ,\-:'..-,,\lI:!',!Q:~.~ , \"';?",,' .,:'~ '\ ,:~,."".":...:;;.V\ \;* .."~ rU / Aj~ i., /;,;,,.: r ~~/v~'J alidating Signatory ~ IMPORTANT By: ~~ ATTE'" ~~ Secretary. 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 rnay be insured against defects, liens, or encum- brances, this policy should be reissued in the name of such purchaser. -'lI:' SCHEDULE A f' _rl Policy Number 10 13 01 01178 Owners 9/22/65 Date af Palicy Amount of Policy $800.00 .V---. Owners 1. Name of Insured: CITY OF CLEARWATER 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: 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: / North 10 feet of Lot 3, F. BRUHN'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book II, Page 63, of the Public Records of Pinellas County, Florida. This policy valid only if Schedule B is attached. SCHEDULE B 1 ....... Policy Number 10 13 01 01178 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 oteasement 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, if' any, shown as Item 4 of Schedule A. (H) General taxes for the year 1965 and thereafter. Schedule B of this Policy consists of pages. --' -~~..'- --- ~.'--"'" ..---:~..:;:-...:;;-....::;~~~:...- -:::---;-'---"-'-.~,.;...---- ~-----> ?- I I CONDITIONS AND SllPULA lIONS 1, Definition of Terms The following terms when used in this policy mean: (a) "land": the land described, specifically or by ref~r- 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, le,ase or lend money on the estate or interest covered hereby m the land described in Schedule A, (b) Any law, ordinance or governmental regula~ion (in- cluding but not limited to building and zoning ordmances) 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 beensus- 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 the 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 tl,Ie right to so prosecute or provide defense in such action or Plioceed- ing, and all appeals therein, and permit it to use, at its op- tion the name of the Insured for such purpose. Whenever req~ested 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 :3: (.) en en n w ~ '"!j > ::t.. :" S. G ...... - ~ f-J ~ (1) 0 '"C ~ ~ 00 ~ '"l Z <D ~ (1) '"l !':l '"l ..... c;" .... (1) I-' :s 0 0.. (\.SNI 0 OJ i:i ;:;. ~ '"d ~ . ::r ~ ...... ~ ~ 0~ ~ CF1 ;: i:l 0 c:J ;: '" ~N (1) ..... ~ 4:,.1>- ~ ~ <D ~ Ot" C/) cr' ~'"l '" ~ 0 ~o 0 C Ij s::: 0 w '" ~ ~ ~ .... ::t. i:l '"l 0 '"!j 0 ~ 0.. ~ .. ... ;: ;: 0- ~ qq 0 - 5. c:J (1) (') 7 t-I id ~ Z "r1 ~ ~ . , 0 0.. 0 ~ c:J '"l 0 t%1 g 0 ",' .. "I ..... ~ ..... ,.., 0 .... '-3 0 0 0.. - ~ > t-I ~ ~ '"tI ~t"i ."\ ..... 0.. a 0 ::t - ~ g S. ~ ~ f'~ 0.. 0.. (1) % 0 f-Jo ::t.. -, ::t..O ~ S' I]q n <\.'Y Z ~ id (.) ~._~ ~ I]q (1) 0 ~ <D '" ct" ./:) \0 '" ,g :<i.l\Ty . 1>- 0 CF1 0- gw '" ~ E' ~ .... 0..",: (S. 0' ;: 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, The foregoing provisions shall not apply to costs and attorneys' fees incurred by the Com- pany in prosecuting or providing for the defense of actlOns 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 noncohtiguous parcels, or if COIl- 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 9, Subrogotion 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 lhis. 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, R i-6"