ROBERT C. SMITH / GREENWOOD MANOR
-- --
Prepared By and Return To: /
Laura Cohen ~.
. Fidelity National Title Insurance Company
5810 W. Cypress St., Suite: #E
Tampa, FL 33607 '"
~. 0-094089 MAR-31-2000 3:48~
~INELLAS CO 8K 10881 PG 2841
III
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File No. 00-030-~
Property Appraiser's ParceII.D.lfolio) Numberls)
10-29-15-33498-000-0050
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.WARR-ANT-Y-DE-ED
KARLEEN F. DE BLAKER, CLERK OF COURT
I PINELLAS COUNTY, FLORIDA
--~------------------._-....---------~ _._-_.~-.
IG135801 03-31-2000 15:49:29
51 DED-GITY OF CLWR
0000000000
In: BK: SPG=
RECORDING 002 PAGES 1
DOC STAMP - DR219 3
TOTAL:
PCHECK AMT.TENDERED:
CHANGE:
BY ~__ DEPUTY CLERK
r '_
.JAG
EPG:
$10.50
$21. 00
$31.50
$31. 50
$.00
THIS WARRANTY DEED dated March 31, 2000, by Robert C. Smith, a single person, hereinafter called the grantor,
to City of Clearwater, Florida, a municipal corporation of the State of Florida, whose post office address is P.O Box
4748 , Clearwater, Florida 34618 hereinafter called the grantee:
lWherever 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)
WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable consideration,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys, and
confirms unto the grantee, all the certain land situated in Pinellas County, Florida, viz:
West 20 feet of Lot 5, GREENWOOD MANOR SUBDIVISION, according to the map or plat thereof as recorded in Plat
Book 21, Page 65, of the Public Records of Pinellas County, Florida. ....~
Said property described above is and always has been vacant land.
Subject to easements, restrictions, reservations, and limitations of record, if any.
TO HAVE AND TO HOLD the same in fee simple forever.
TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in any wise appertaining.
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 31, 1999.
Warranty Deed {Individual to Individual}
Rev 19198H1ndivLwpd}
/2 -0 /3- :J~
Page 1 of 20..
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I PINELLAS COUNTY FLA.
OFF,REC,8K 10861 PG 2642
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IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in the presence of:
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Robert C. Smith J ~
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0i.fek1 rL 301r~
(Address and Phone Number)
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<.fh "r
(Print Name of Witness)
~ /1'&J&V-
(Witness Signature)
jVJ II.R { G .LSe; Ii {J~
(Print Name of Witness)
STATE OF FIO( ld.o-
COUNTY OF Yl~-UQS
Sworn to anJ:! subscribed befo
by Kobu+', . h
or who was/were personally known to me or who presented
as identification.
3l5,t
day of
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YS
HEATHER WHITACRE
NOTARY PUBUC STATE OF FLORIDA
COMMISSION NO, CC827581
MMISSION ~XP. /, PR. ~8 003 '
Warranty Deed (Individual to Individual)
Rev (9/98)[1ndivi,wpd)
Page 2 of 2
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Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
OF NEW YORK
A Stock Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COV-
ERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York
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
herein;
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, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
This policy shall not be valid or binding until Schedule A has been countersigned by either a duly
authorized agent or representative of the Company and Schedule B has been attached hereto.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW
YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of
Policy shown in Schedule A.
COUNTERSIGNED
BY~
AUTHORIZED SIGNATORY
CATHERINE A. ANDERSON
Please Print Name Here
Fidelity National Title Insurance Company
or New York
BY ~~ff {"
Proold....
ATTEST
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_..lory
FORM 26-33-92X (8/94)
Reprinted (5/97)
ALTA OWNER'S POlley (10-17-92)
with Florida Modifications
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation .(inCludin. g. but not limited to bU.. . i.ldin.g a. nd zon. ing. I laws, ordinances. ' or. regUlation. s) 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 orhereafter 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
defecl, 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 iO 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 law, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) 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:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights
or defenses the Company would have had against the named insured, those
who succeed to the interest of the named insured by operation of law as
distinguished from purchase including, but not limited to, heirs, distributees,
devisees, survivors, personal representatives, next of kin, or corporate or
fiduciary successors,
(b) "insured claimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructive know-
ledge or notice which may be imputed to an insured by reason of the public
records as defined in this policy or any other records which impart constructive
notice of matters affecting the land,
(d) "land": the land described or referred to in Schedule A, and improve-
ments affixed thereto which by law constitute real property, The term "land"
does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which a right of access to and
from the land is insured by this policy,
(e) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating to
real property to purchasers for value and without knowledge, With respect to
Section I(a)(iv) of the Exclusions From Coverage, "public records" shall also
include environmental protection liens filed in the records of the clerk of the
United States district court for the district in which the land is located,
(g) "un marketability of the title": an alleged or apparent matter affecting the
title to the land, not excluded or excepted from coverage, which would entitle
a purchaser of the estate or interest described in Schedule A to be released
from the obligation to purchase by virtue of a contractual condition requiring
the delivery of marketable title,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest in
the land, or holds an indebtedness secured by a purchase money mortgage
given by a purchaser from the insured, or only so long as the insured shall
have liability by reason of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This policy shall not continue
in force in favor of any purchaser from the insured of either (i) an estate or
interest in the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any
litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as insured, and which mitt cause loss or damage
for which the Company may be liable by virtue of th_ policy, or (Iii) if title to
the estate or interest, as insured, is rejected as unmarketable, If prompt notice
shall not be given to the Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or matters for which prompt
notice is required; provided, however, that failure to notify the Company shall
in no case prejudice the rights of any insured under this policy unless the
Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED
CLAIMANT TO COOPERATE
(a) Upon written request by the insured and subject to the options con-
tained in Section 6 of these Conditions and Stipulations, the Company, at its
own cost and without unreasonable delay, shall provide for the defense of an
insured in litigation in which any third party asserts a claim adverse to the title
or interest as insured, but only as to those stated causes of action alleging a
defect, lien or encumbrance or other matter insured against by this policy, The
Company shall have the right to select counsel of its own choice (subject to
the right of the insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will not pay
the fees of any other counsel. The Company will not pay any fees, costs or
expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy,
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding 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, or to prevent or reduce loss or damage to the insured, The
Company may take any appropriate action under the terms of this policy,
whether or not it shall be liable hereunder and shall not thereby concede
liability or waive any provision of this policy, If the Company shall exercise its
rights under this paragraph, it shall do so diligently,
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any 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.
(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 the Company the right to so prosecute or provide defense in
the action or proceeding, and all appeals therein, and permit the Company to
use, at its option the name of the insured for this purpose, Whenever
requested by the Company the insured, at the Company's expense, shall give
the Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or pro-
ceeding, or effecting settlement, and (i1) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title
to the estate or interest as insured. If the Company is prejudiced by the failure
of the insured to furnish the required cooperation, the Company's obligations
to the insured under the lolicy shall terminate, including any liability or
obligation to defend, proselute, or continue any litigation, with regard to the
matter or matters requiring such cooperatiOfl. I
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Fidelity National Title
,
INSURANCE COMPANY OF NEW YORK
AL TA OWNERS POLICY
SCHEDULE A
File Number: 99-030-1307626
Policy No.: 26-33-92000301307626
Date of Policy: March 31,2000 at 08:00 a.m.
Amount of Insurance: $3,000.00
1. Name of Insured:
City of Clearwater, Florida, A Municipal Corporation of The State of Florida.
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:
City of Clearwater, Florida, a municipal corporation of the State of Florida.
4. The land referred to in this policy is described as follows:
The West 20 feet of Lot 5, Greenwood Manor Subdivision, according to the plat
thereof, as recorded in Plat Book 21, Page 65 of the Public Records of Pinellas County,
Florida
FORM 5332A 18/9411REV, 6/97)
1.lt.092,001)
Page 1
ALTA OWNER'S POLICY 110-17-921 SCHEDULE A
WITH FLORIDA MODIFICATIONS
I
SCHEDULE B
I
Policy Number: 26-33-92000301307626
File Number: 99-030-1307626
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) which arise by reason of:
1. All assessments and taxes for the year 1999 and all subsequent years.
2. Any encroachments, easements, measurements, variations in area or content, party walls
or other facts which a correct survey of the premises would show.
3. Roads, ways, streams or easements, if any, not shown by the public records, riparian rights
and the title to any sovereignty lands.
4. Restrictions (deleting therefrom any restrictions indicating any preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status or national origin),
covenants, easement(s), setback(s), if any, as may be shown on the Plat recorded in Plat
Book 21, Page 65, of the Public Records.
5. The nature, extent, or existence of riparian rights, if any, appurtenant to the insured lands
lying below the mean/ordinary high water mark, are neither guaranteed nor insured, and the
riparian rights of others as the same may affect the said property, are hereby excepted.
Any reference to O.R. (Official Records) or Public Records shall be deemed to be located in
the Official Records of the County where the subject property is located.
Items 1, 3, 4 and 5 will be deleted from Schedule B, Section 2 of the Commitment, provided:
(a) a satisfactory current survey is submitted, if applicable;
(b) an affidavit of the seller/mortgagor affirming no knowledge of any adverse matters or
liens which might affect the title to the property, and possession;
(c) it is determined the real property taxes and special assessments have been paid;
(d) it is determined there is nothing of record which would give rise to construction liens
which would take priority over the insured mortgage.
Additional exceptions will be made in the policy for any appropriate matters disclosed.
Note: The following is for il)formational purposes only and is given without assurance or
guarantee.
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE
AND TO PROVIDE ASSISTANCE IS 1-800-669-7450
FORM 53326 (8/9411REV, 61971
(alla092,00 11
Page 2
AL TA OWNER'S POLICY (10-17-92) SCHEDULE 6
WITH FLORIDA MODIFICATIONS
I
Note: Parcel Identification (Folio) Number:
Assessed Value:
Homestead Exemption:
Other Exemptions:
Ad Valorem Gross Amount:
T axes Paid for the year(s):
Taxes Due for the year(s):
I File No.: 99-030-1307626
Policy No.: 26-33-92000301307626
10-29-15-33498-000-0050
1,400.00
no
none
31.90
1998
1999
THE TELEPHONE NUMBER TO PRESENT INQUIRIES OR OBTAIN INFORMATION ABOUT COVERAGE
AND TO PROVIDE ASSISTANCE IS 1-800-669-7450
FORM 53328 (8/94J(REV, 6/97)
(altao92,001 )
Page 3
ALTA OWNER'S POLICY (10-17-92) SCHEDULE 8
WITH FLORIDA MODIFICATIONS
5. PROOF OF LOSS OR DAMAGE
10 addition to and after the notices required Jer Section 3 of these
Conditions and Stipulations have been provided the mpany, a proof of loss
or damage signed and sworn to by the insured clai nt shall be furnished to
the Company within 90 days after the insured claimant shall ascertain the
facts giving rise to the loss or damage, The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the title, or other matter
insured against by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the failure ofthe insured
claimant to provide the required proof of loss or damage the Company's
obligations to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any litigation, with
regard to the matter or matters requiring such proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company
and shall produce for examination, inspection and copying, at such reason-
able times and places as may be designated by any authorized representative
of the Company, all records, books, ledgers, checks, correspondence and
memoranda, whether bearing a date before or after Date of Policy, which
reasonably pertain to the loss or damage, Further, if requested by any
authorized representative of the Company, the insured claimant shall grant
its permission, in writing, for any authorized representative of the Company
to examine, inspect and copy all records, books, ledgers, checks, correspon-
dence and memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage, All information designated as
confidential by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment
of the Company, it is necessary in the administration of the claim. Failure of
the insured claimant to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph
shall terminate any liability of the Company under this policy as to that claim,
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy
together with any costs, attorneys' fees and expenses incurred by the insured
claimant, which were authorized by the Company, up to the time of payment
or tender of payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required,
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, and the policy shall be surrendered to the Company
for cancellation,
(b) To Payor OthelWise Settle With Parties Other than the Insured
or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy. together with
any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment and which
the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
pay, Upon the exercise by the Company of either of the options provided for
in paragraphs (b) (i) or (ii), the Company's obligations to the insured under this
policy for the claimed loss or damage, other than the payments required to
be made, shall terminate, including any liability or obligation to defend,
prosecute or continue any litigation,
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of 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,
(b) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these 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 amount of insurance under this policy was divided pro rata as
to the value on Date of Policy of each separate parcel to the whole, exclusive
.9tany 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 issuan~ of this p,olicy and shown by an
express statement or by afdorsement attached to this policy.
9. LIMITATION OF LIABI
(a) If the Company esta shes 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 unmarketabilityoftitle, 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
All payments under this policy, except payments made for costs, attorneys'
fees and 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 Company 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 this 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
policy 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
remedies 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 Company 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 subrogation, 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 to pay only that part of any losses insured against by this policy which
shall exceed the amount, if any, lost to the Company by reason of the
impairment 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 rights of the insured to indem-
nities, guaranties, other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which provide for subro-
gation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration ~ssociation ~~~:
demanded if agreed to by both the Company and the Insured Ar I
matters may include but are not limited to any controversy or claim betw:~~
the Company and the insured arising out of or relating to this policy
service of the Company in connection with its issuance or the breach of a
polic;y provision or other obligation Arbitration pursuant to this polic;y a:~
under the Rules in effect on the date the demand for arbitration is made
atthe option ofthe insured the Rules in effect at Date of Polic;y shall be bindi~g
upon the parties The award may include attomeys' fees only if the ~:~:~:
the state in which the land is located permit a court to award attorne '
to a prevailing party Judgment upon the award rendered by the Arbitrat~~(~)
may be entered in any court having jurisdiction 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
Company, 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 Presi-
dent, 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 Jaw, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this Policy
and shall be addressed to the Company at: National Claims Administration,
2 Park Avenue, New York, New York 10016.
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