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FRANCIS AND BEATRICE FLANAGAN WARRANTY DEED 79142537 lCENTURY TITLE A~D ABSTRACT, rr4. ,/ iJ. Warranty Deed Alade the ___L(.____ day of ;1'O,R. ~ 9 0 2p~Gt 18 1 9 This August A. D. /9~by FRANCIS W. FLANAGAN AND L. BEATRICE FLANAGAN, husband and wife 15 15265290 70 hereinafter called the Rrantor, to 40 41 CITY OF CLEARWATER 42 0001. 24l\G79 4.00 62.40 OS 23.105T 89.50 CK whose post office address is 112 S. Osceola Avenue, Clearwater, Florida 33515 hereinafter called the Rrantee: (WhereH'r 1I,ed herein the term, "grantor" and "grantee" include all the parties to this instrumenl and the heirs legal representatives and a"igns of individuals and the successors and assigns of corporations.) Witnesseth: That the Rrantor for and in consideration of the sum of $/0.00 and other valuable considerations. receipt whereof is hereby acknowledRed, hereby grants, bar!?ains, sells, aliens, remises, releases, conveys and confirms unto the Rrantee all that certain land situate in Plnellas County. Florida, viz: Lot 1 less No. 45', Block G, PLAZA PARK CORRECTED PLAT, according to the map or plat thereof, as recorded in Plat Book 5, page 53, Public Records of Hillsborough County of which Pinellas was formerly a part, in Florida1' and North 45' Lot 1, Block G. ~l1C~ t)Rec~ 41 St . 0 42 Sur A:!. , 0 43 Int ~-.6 Tot ft 1..:) CiI~ If,i.,; Ji:)f~ i'INt;..LAS ~ (0 r~ O~j:J" -.l...-...... frj..., "_1. ~ CLEft" CI~CUIT COURT" n~ ~ 0- c~. en :0:.... ...... en ~)>o ...,. STATE OF FLQRlDA' DOCUMENTARY '."'.,,5T AMP' ~l ~EP1. OF fiEVEftUf .". ,..\ 'I ~ P.B.::: ~.'79. ' .~ ~ 6 t ..g.. = :;11118 f Ln ~ "l~ l~ I4t IH !ll ('0') II> 00 ..,.. ~... C'>J -'z ~~ r,'" :':0 "-u = "i4,.,~\ DOCUMENTARY- ..\' " ~""- ' ' , == :f.l FLO~I~:A \, C~R TMj~; AUG24'791 V'\ \ I::: 2 3. I 0 I ~:...'~ P.Bo \..., J I ! _ : \1111 "-" L-,.__..,_____o,,-' - ., Tqgether with all the tenements, hereditaments and-appurtenances thereto belonging or in a~ywise---- appertammg, To Have and to Hold, thesameinfeesimpleforever. And 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 3/, 1978 and easements and restrictions of record. This Instrument was Prepared By: CENTURY TITLE And ABSTRACT, INC. In Witness Whereof, first above written. BY: 1250 Rogers Street, Clearwater, fL 33516 Which Instrument was Prepared Incidental to the writing of ^ Title Insurance Policy. the said Rrantor has sif!,ned and sealed these presents the day and year J. Armstrong ~ijfiJi?' ". 7/ra~ ,v.... ..~ / L.S. . L.S. STATE OF Ohio CQU~T~~;~. ,1\(-WRtaY:;'C.l!R.TlfY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afore,aid to j~k.eac~'~()w\~Qg~rN~rSOnaIIY appeared ~.' ,C NCIS W. FLANAGAN AND L. BEATRICE FLANAGAN, husband and wife ~described in and who executed the foregoing instrument and they acknowledged hcforc mc that , , .,.,,', '." cuted the same. - p - ,I' ,WITNES~~~'~~.~nd official seal inthc COllntyand State last afore i}lthis ___ , ~?- day O~::$ust " __.~___.. ~,;t5,~12-~r_\i'+-: .' ~ ~_.__~_____ Notarv PlIhlic My co~misSion expires: mp. 3e-:.../tf f:[________ ~-~~T~ /,). - 613"03 (3_") CENTURY lrITLE ANDABS....dACT, INC. 1250 ROGERS STREET, SUITE "A" CLEARWATER, FLOR'OA 335 IS PHONE: (813) 44N141t PURCHASER'S STATEMENT August 24, 1979 AGENT CASE NO. JOhTNSON DATE CLOSED: 10,511 PURCHASERS: CITY OF CLEARWATER SELLERS: FRANCIS W. FLANAGAN ~~ L. BEATRICE FLANAG~~, husband and wife PROPERTY : Lot 1, RIock G, PLAZA PARK CORRECTED PLAT .~~--.~-=--.- I PURCHASE PRICE S S 20 800 00 LESS: fAI DEPOSIT S ? nRn nn j 181 I I S 2 080 00 I CH....GE. '011I WATE/Il GA. ILECTIIIICITY TAXES 0... pE".O"'AL p"opr"TY, LICENSE 0.. GA,ASAGI TAllrs NOT AOJlJaTIO '1''''. Co",..ANY ASSU"'E. NO LIASILITY '0" THr.E 1'1'1"'., Is . I 18.720i 00 I BALANCE DUE EXPENSES OF PURCHASE I I ! is FIRST YEAR'S HAZARD INSURANCE PREMIUM ESCROW DEPOSIT FHA INSURANCE ----.:tAZARD INSURANCE T X S l"Ion tit month, s s .. I I A E month/s. S I RECORD WARRANTY D,EED - 4100 I I I I I I j OTHER - is IS I :$ 1 '$ ;$ I I ls s I I ~ 00 18 , 72~ 00 TOTAL EXPENSES OF PURCHASE TOTAL CREDITS FROM SELLERS -- --- -+ I I i TAXES PRO-RATED AS OF 192.a. ANY DIFFERENCE IN Ii 79 TO BE ADJUSTED BETWEEN BUYER AND SELLER . "-- ON OUTSIDE Security Deposit ~5U.UU, Rent ~/l)-911 ~jj.~1 I 7J 19 is '$ :$ , TOTAL CREDITS t OEOUCTt 'BALANCE DUCFROM PUR HA E I is I 15 06 18,568 94 Plca5c make all checks pa~ able to: CENTURY TITLE ANC ABSTRACT. INC. Receipt of copy is acknowledged and statement approved, and acceoted thi! 24th Augus t i9 da~.. of. ...... '.--..... .. ,A.D. 19 , CITY OF CLElL~WATER Pt:RCHASER BY: Pt:RCHASER ~ I" COMMITMENT NO. F 172900 1 Cl UJ'1OnD ...... AMERICAN LAND, TITLE ASSOCIATION COMMITMENT - 1970 Rev. TITLE INSURANCE COMPANY OF MINNESOTA a Stock Company of Minneapolis, Minnesota TITLE INS URANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipula- tions hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. TITLE INSURANCE COMPANY OF MINNESOTA CENTURY TITLE & ABSTRACT, INC, ~/1~ Secretary TIM 2419 "SCHEPU-..E; A;: FORM -FOR USE WITH COMMITMENT FUR TITlE INSURANCE I I File No. 10,511 Commitment No. F 172900 SCHEDULE A 1. Effective date: July 31. 1979 at 5:00 p.m. 2. Policy or Policies to be issued: Amount: (a) AL TA Owners Policy - Standard Form A - 1970 (amended 10/17/70) $zo ,800.00 Proposed Insured: CITY OF CLEARWATER (b) AL TA Standard Loan Policy - 1970 (amended 10/17/70) $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a FEn: S~1FLE ee imple, leasehold, etc.) 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: 5. The land referred to in this Commitment is described as follows: FRANCIS W. FLAi\!AGAN AND L. BEATRICE FLANAGAN, husband and wife Lot 1, Block G, PLAZA PARK CORRECTED PLAT. according to the map or plat thereof. as recorded in Plat Book 5. page 53, Public Records of Hi1lsborough County. Florida. of which Pinellas was formerly a part. TIM Form 2420 This Commitment valid only if Schedule B is attached. A ,.. A USCHEDULEB"IORM- FOR USE WITH COMMITMENT FOR IITLE INSURANCE FILE NO. 10,511 COMMITMENT NO. F 172900 SCHEDULE B The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instrument(s) necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record: (a) Warranty Deed from Francis W. Flanagan and L. Beatrice Flanagan, husband and wife, to CITY OF CLEARWATER. 3. Other instruments which must be properly executed, delivered and duly filed for record, and/or other mat- ters which must be furnished to the company: (a) Prior to the issuance of a Loan Policy hereunder, a copy ofthe Notice to Purchaser - Mortgagor Form, as required by the Insurance Commissioner of the State of Florida, must be properly executed and re- turned to the office issuing this Commitment (if applicable). II ScheduleS of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any ,created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession. 3. Unrecorded easements, if any, on, above or below the surface; and any discrepancies or conflicts in boundary lines or shortage in area or encroachments, which a correct surveyor an inspection of the premises would disclose. 4. Possible unfiled mechanics' and materialmen's liens. 5. General or special taxes and assessments required to paid in the year subsequent years. 1979 and TIM Form 2421 A T .~~">- '. - _.--",._~ "'-..-:.' .'- .. ~ .. I I CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition ofInsured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. TITLE INSURANCE COMPANY OF MINNESOTA A -r 400 SECOND AVENUE SOUTH/MINNEAPOLIS, MINNESOTA 55401 Telephone (612) 332-5111 , I CENTURY TITLE AND ABSTRACT, INC. 1250 ROGERS STREET, SUITE "A" CLEARWATER, FLORIDA 33516 (813) 44 7-6411 JOHN w, (BUD) JOHNSON PRESIDENT :'~ ~"<: ~ i ",~t~ ~ r.) September 10, 1979 'SEP 11 1979 .~i1~r (~:,..;~, ~.~':~ City of Clearwater 112 S. Osceola Avenue Clearwater, Florida 33515 Gentlemen: Re: Our File No. Policy No. Legal: 10,511 AW 090648 Lot 1, Block G, PLAZA PARK CORRECTED fLAT Flanagan/City of Clearwater Please fi~d enclosed your recorded Warranty Deed and Title Insurance Policy covering the above-captioned case. If you havp any questions concerning this, please feel free to contact our office. It was our pleasure to have been of service in this transaction. Should you ever sell this property, we would be most happy to quote you a dis- counted rate if you will bring in this policy. Yours very truly, CT, INC. /ja Ene. POLICY NO. AW o u,aonD ........ AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY A FORM A ,....1970 (Amended 10-17-701 /4 IITLEINSURANcE CbMPANY OF lVllNNESOTA ...,.. a Stock Company, of Minneapolis, Minnesota SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE COMPANY OF MINNESOTA 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, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder , sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land, IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, Hie policy to be valid when countersigned by an authorized officer or agent of the Company, IITLE INSURANCE [:OMPANY OF I~INNESOTA ~ /'~' ",:,:""",:;;::~~,+,;",/::"" .". .,~;,~;1!*' ^.' .,? .~f,,:,,;ilI':,...~.~...,,~" 'f' ._;,:? ~,",,"';:'~""'Gt..... di,~t . " ,. ,,,-, ~ ....~lr"'." CENTUR+>'~~' & ~T , INc, count.e",'. [signed:" ", \.' ", ,.,~,.;.1 \ ' a'../: - / :/ . A~Jitf~il:zed Ofr,jier or r f J hn W. Js>l\.nson, LUSIONS FROM COVERAGE I ' ' Tpe{ollowing , are expressly excluded from the coverage of this policy: ~ Any law, ordinance or governmental regulation (including 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, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any sllr.h law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest jnsured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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. 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. President Secretary I" I L -.J ~_4tJr ~, Form 119 ~ Copyright 1969 American Land Title AssociatIon J., i',,;, ',;;;i,~ .~:,+, ;~i!*~ : ~' i;: ~f Ir)~ i., f~. '':''i~'' ,,,'Iyd '\~m~ Ii " ~,. 't- (duzl }f:JDq aP1sul uo panUlIUO;))' J :nn OJ :lnH :lljJ OJ :lSJ:lApB S! 1j:l!ljM JS:lJ U! JO :11m jO W!BP AUB jO J:lpun:lJ:l1j p:lmSU! UB OJ :lWO:l I\BljS :lllp:lIMOUl\ :lSiI:l U! (H) ':lAOqB (B) U! IjPOj J:lS SB unll:lq S! llu!p:l:l:lOJd JO UO!PB AUB 3SB:l U! (!) llunl_ U! AUdwOJd AUBdwo;) 3ljJ AjHOU I\BljS p3JOSU! 31j~ (q) 'A:lllOd S!ljJ Aq JSu!BllB p3lOSU! J3nBW J3ljJO JO '3:lUBJqwn:lU3 'U3!!' p3j3p pa1l31\B UB uodo p3punOj S! UOHBllHlI Ij:lOS JBljJ JU3JX3 3ljJ OJ p3JOSU! Ij:lOS JSU!BllB P3:lU3WWO:l SllU!P33:l0Jd JO SUOH:lB jO llUHS!SUO:l UOHBllnlll\B U! p3JOSU! UB jO 3SU3j3p 3ljJ 10j 3p,^OJd I\BlIS 'ABI:lP :lnpun JnOljJJM. pUB JSO:l UM.O sn JB 'AUBdWo;) 31j~ (B) .UBW!810 Pe..mSUI U8 Aq U9^!6 eq O. 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MBI Aq lI:l!ljM SpJO:l:lJ :lSOljJ :"SpJO:l3J :l!(qod" (J) 'JU:lWOJISUj hIPO:l3S J:llIJO JO 'p:l:lp JsnJJ 'JSnJJ jO p:l3p ':lllBllpow :":lllBllpow,, (:I) 1 'A:l!(od S!1I1 Aq p:llOSU! S! PUBI :llIJ WOJJ pUB OJ SS:I:l:lB JO JlIllp B 4:l!4M 01 JU:lIX3 :llIJ nW!( JO Aj!POW I\BlIS U!3J:l1I llu!1I10U loq 'ShBMJalBM 10 ShB^, 'S3UBI 'SA3I\B 'S30U:lAB 'SpBOJ 'SJ3:1JIS llUHloqB U! JuawaSB:I JO alBIsa 'JS:lJ:lJU! '3nn 'JlIll!J hUB JOU 'y 31np311:lS U! 01 paJJapJ JO p3qp:lS3p AI\B:l!.Jp:ldS B3J1l :llIJ jO sau!( aliI pUOA3q Ap3dOJd hUB apnpu! IOU S30p "PUBI.. WJ:lJ :llIJ 'J:lA3MOll 'p3p,^OJd :hP3dOJd IBaJ alnl!lSUO:l MBI Aq lI:l!lIM OJ:lJ:lljl p:lX!JjB SIU:lWMOJdw! pUB 'y :I(np:l4:lS U! :I:lu:lJ:ljaJ Aq JO AI\B:l!Jp3ds 'p3qp:lSap PUB( aliI :"PUB(" (p) 'spJo:laJ :l!(qod hUB jO UOSB3J Aq p3lOSU! UB oJ P310dw! 3q ABW 4:l!4M a:l!lou JO 311p:l -IMoID( :lA!POJJSUO:l IOU ':lllpa(Mou){ (BOPB :"allp3IMOU){" (:l) . J3pUnaJ34 :lllBWBp 10 SSOI llU!W!Bp palOSU! UB :"IUBW!BP pamsu!.. (q) 'SJOSsa:l:lOS hJBpOP!J JO :lIBJodJO:l JO 'U!){ JO Ixau 'SaA!IBI -U:lS:lJd:lJ IBUOSJ:ld 'SJOA!^JOS 'S:I:ls!^ap 'S3:1lnqPJS!P 'S.I1a4 'oJ p3nW!( JOU Joq 'llu!popu! aSBIj:lJod WOJJ P:lllS!ollUHS!P SB Me( JO uO!lBJado Aq P:lJOSUjll:lOS jO IS3JaIU! a4J 01 pa3:l:lnS OllM asollJ 'p3mSU! paweu 3ljJ Jsu!elle pell :lABIj hBW Auedwo:J :141 sasuaJap JO SJ411p hue 01 p:I[qos 'pue 'y alop311:lS U! p:lweu P:lJOSU! :l4J :"pamsu!" (B) : ue:lw A:lllOd S!lIJ U! p:lSO ua4M SWJ3J llu!^",oIIOJ a41. SWJ3.l JO UO!J!U!J8C . ~ SNOllV'OdllS aNY SNOllIONOJ I File No. 10,511 SCHEDULE A I ,~ TIM OWNERS 6/75 FORM 2255 S Policy No. AW 090648 Policy Amount $ 20,800.00 1. Policy Date Augus t 24, 1979 11: 46A M. o'clock. at 2, The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: CITY OF CLEARWATER 3. The land referred to in this policy is situated in the County of PINELLAS State of FLORIDA and is described as follows: Lot 1, Block G, PLAZA PARK CORRECTED PLAT, according to the map or plat thereof, as recorded in PlatBook 5, page 53, Public Records of Pinellas County, Florida, which part was formerly in Hillsborough County. This policy valid only if Schedule B is attached. A ,.. . I I TIM OWNERS 12/67 FORM 2256 File No. Policy No. AW 090648 10.511 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Facts which would be disclosed by a comprehensive survey of the premises herein described. 2. Mechanics', Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears on record. 3. Rights and claims of parties in possession, 4. County of Pine11as taxes for the year 1979 and subsequent years, which taxes for the year 1979 will not become due and payable until November I, 1979. A -r -..- ~.--... i (Continued from inside front flap) I estate or interest as insured, arid which might cause loss or damage for which the Company may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter Or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shan be prejudiced by sucll failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceed- ing or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, 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 concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) 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 hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for stich purpose. Whenever requested by the Company, such insured shall give the Company 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 such insured for any expense so incurred. 4. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, 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 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished., Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this, policy as to such loss or damage. 5. Options to Pay or Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance undeE- this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company. 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A; or (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs. attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When liability has been definitely fixed in accordance with the conditions of this pOlicy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder. by litigation or other- wise, removes such defect. lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation 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, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 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. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. 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 said 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,l!xclusive of any improvements made subsequent to Date of 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. 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right or'subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant 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 such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and reme dies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, 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. 12. Liability Limited to this Policy This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the ent ire policy and contract between the insured and the Company. 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 any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by 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. 13. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to its Home Office, Minneapolis, Minnesota 55401. Note: This policy valid only if Schedules A and B are attached. I~ J f.l:><" " ~ ),'1..;';"1' ( : 1..1 ~ 1k . ;;:~ t'~':"f' i'" .... ,~-::. *~" I',";, .',,:.. '~l',.~ , -, ,,~ ~,~;n~ .. paOVl:D .....a. TITLE INSURANCE POLICY ij~ I~'~~ ~.' "', , ,"1" :k~'. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A -1970 (Amended 10-17-70) :<,<.,j.. "'," 1~.'/l1.:';j.,",' ":1 J't,l' 'r.;- ~ 1:~1,,~..,,!,:~,j, ~~ < i I '(~"<" # , ."'" .... II NORTH DAKOTA SOUTH DAKOTA MWOMINQ NEBRASKA COLORADO ~ ~ TITLE iNSURANCE COMPANY OF INNESOTA Home Office: 400 - 2nd Ave. So.. Minneapolis, Minn. 55401 612/371-1111