LIMITED PROPERTIES INCORPORATED (2)
.- ,..,r.-_ .,e-
Corporafe Warranty Deed
INST # 95-174141
I JLY 18, 1995 4:52PM
This Indenture, made this 18th day of
'" "
A.D. 19 95 ,"< 1Jetween
July
PINELLAS COUNTY FLA.
OFF.REC.BK 9052 PG 1189
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~IMITED PROPERTIES, INC.
whose post office address is: P , O. Box 4 9 4 6
Clearwater, Florida
34624
9Cl!12327 . S1I 07-1,.1995
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a corporation existing under the laws of the
State of Florida
, Grantor and
CITY OF CLEARWATER, FLORIDA
. whose post office address is: p . O. Box 47 4 8
Clearwater, FL 34618-4748
Grantee,
Witnesseth, that the said Grantor, for and in consideration of the sum of ( Ten & NO /100 )
Dollars, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and
sold to the said Grantee forever, the following described land, situate, lying and being in the County of
Pin e 11 as, State of Florida, to wit:
See Schedule "A" attached hereto and by this reference made a part
hereof.
Occum')r.tnl"lj Tax Pd. $ V :2 0
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Doputy Clerk
By
And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful
claims of all persons whomsoever.
In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly
authorized officer and caused its corporate seal to be affixed the day and year first above written.
LIMITED PROPERTIES, INC.
Sign~d and lealed in Our Presence:
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By:
" James
urns
Presiden"\.;!D:i.~pct. :n
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Name:
Paula A. Franz
(Corporate .:s~al)
State of
County of
FLORIDll.
PINELLAS
The foregoing instrument was acknowledged before me this 18th day of
James F. Burns
~ LIMITED PROPERTIES, INC.
,Jul y
, 19 95 ,by
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a corporation existing under the laws of the State of
He/She is personally known to me or has produced
andc3. i d not take an oath.
PREPARED BY: LYNN HOFFSTETTER
COASTAL BONDED TITLE CO.
501 S. FT. HARRISON SUITE 203
CLEARWATER, FL 34616
Florida
Florida Divers License
, on behalf of the corporation.
as identification
CWO-I
5/93
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=.l"@" ~.= MY COMMISSION fI CC 407236
~~~':Q'j EXPIRES: December 17. 1998
"'~,9r..r..~. Bonded Thru Notary Public Underwr1t8rs
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Schedule A
I PINELLAS COUNTY FLA.
OFF.REC.BK 9052 PG 1190
PARCEL 008.1
A strip of I aiid" being the West 5.00 feet of that certain
property described in Official Record Book 5832, on page 2131 of
the Public Record of Pinellas County, Florida. lying within the
Northeast 1/4 of Section 17, Township 29 South, Range 16 East
and being more particularly described as follows:
Commence at the Southwest corner of the Northeast 1/4 of said
Section 17; thence N 00019'21" W along the West line of the
Northeast 1/4 of said Section 17, for 720.00 feet; thence N
89~45'49" E, for 25.00 feet to the POINT OF BEGINNING; thenc'-" "'.T
00v19'21" W, along a line 25.00 feet East of and parallel tu Lh.,=:'
West line of the Northeast 1/4 of said Section 17, for 15.00
feet; thence N 89046'53" E, for 5.00 feet; thence S 00019'21" E,
along a line 30.00 feet East of and parallel to aforesaid West
line, for 15.00 feet; thence S 89046'53" W, for 5.00 feet to the
POINT OF BEGINNING.
File No: 95-17293
. .
AL T A Owner's Policy
with Florida Moe!ifications
(10-17-92)
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Flolicy of Title Insuranbe
Issued By
"1iiJ
Nations Title Insurance
of New York Inc.
o 268- 738876
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, NATIONS TITLE INSURANCE OF NEW YORK INC.,
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 therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
By:
Nations Title Insurance
of New York Inc.
L~~
President
~~of~
Attest:
Secretary
2635
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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 (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the
effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public
records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under
this policy;
(c) resulting inno Ibss 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 forthe estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
-
EXCLUSIONS FROM COVERAGE
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
liens filed in the records of the clerk of the United States
district court for the district in which the land is located.
(g) "unmarketability of the title'.; an alleged or appar-
ent 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.
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 repre-
sentatives, next of kin, orcorporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage.
(c) "knowledge" or "known"; actual knowledge. not
constructive knowledge 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 Sched-
ule A, alld improvements 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 1 (a)(iv) of the Exclusions from Coverage, "pub-
lic records" shall also include environmental protection
I
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 convey.
ance 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
might cause loss or damage for which the Company may
be liable by virtue of this 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 contained 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 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
I
(continued on inside back cover)
. .
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Owner's Policy
Schedule A
(Florida)
I I
OWNER TITLE INSURANCE POLICY
SCHEDULE A
Amount of Insurance: $
550.00
Policy No. 0 268-738876
File No. 95-17293
Issued Pursuant to Commitment No. C 18-030260
Effective Date and Time of Policy July 18, 1995
at 4: 52
p.m.
~~.
1. Name of Insured:
City of Clearwater~ Florida
2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows:
Fee Simple
3. The estate or interest referred to herein is at the effective date of policy vested in the insured.
City of Clearwater~ Florida
4. The land described herein is encumbered by the following mortgage and assignments, if any:
5. The land referred to in this policy is described as follows:
CONTINUED :
This policy is not valid unless
Schedule B is attached hereto.
Iffjj
635
NM6
Owner's Policy
Schedule B
Florida
I I
OWNER TITLE INSURANCE POLICY
SCHEDULE B
Policy No.
o
File No.
o 268-738876
95-17293
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise
by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
3. Easements or claims of easements not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown
by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion
so created and riparian rights, if any.
6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or
assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record.
7. SUBJECT TO TAXES FOR THE YEAR 1995 AND THEREAFTER, WHICH ARE NOT YET
DUE AND PAYABLE.
8. Easements as shown on Deed Book 1465, Page 105, Public Records of
Pinellas County, Florida.
9. ANY LIEN ARISING UNDER CHAPTER 159, FLORIDA STATUTES, IN FAVOR OF ANY
CITY, TOWN, VILLAGE, OR PORT AUTHORITY FOR UNPAID SERVICE CHARGES, FOR
SERVICE BY ANY WATER SYSTEM, SEWER SYSTEM OR GAS SYSTEM SERVICING THE
LAND DESCRIBED HEREIN.
10. Subject to Agreement for exchange of access Right-of-way, filed in
O.R. Book 5832, Page 2133, Public Records of Pinellas County, Florida.
NOTE: Standard exceptions 1,4,5 and 6 are hereby deleted in their
entirety.
636
Iffij
Policy Continuation
Schedule_ (Cont'd)
I
I
SCHEDULE
(Continued)
Schedule A Continued
95-17293
o 268-738876
PARCEL 008.1
A strip of land being the West 5.00 feet of that certain
property described in Official Record Book 5832, on page 2131 of
the Public Record of Pinellas County, Florida, lying within the
Northeast 1/4 of Section 17, Township 29 South, Range 16 East
and being more particularly described as follows:
Commence at the Southwest corner of the Northeast 1/4 of said
Section 17; thence N 00019'21" W along the West line of the
Northeast 1/4 of said Section 17, for 720.00 feet; thence N
89045'49" E, for 25.00 feet to the POINT OF BEGINNING; thence N
00019'21" W, along a line 25.00 feet East of and parallel to the
West line of the Northeast 1/4 of said Section 17, for 15.00
o 0
feet; thence N 89 46'53" E, for 5.00 feet; thence S 00 19'21" E,
along a line 30.00 feet East of and parallel to aforesaid West
line, for 15.00 feet; thence S 89046'53" W, for 5.00 feet to the
POINT OF BEGINNING.
-
670
'........",....~,
.-.-
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 50 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, pros-
ecuting or defending the action or proceeding, or effecting
settlement, and (ii) 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 obliga-
tions 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 cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant 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 1055 or damage. If the
Company is prejudiced by the failure of the insured claim-
ant to provide the required proof of 1055 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 1055 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 pro-
duce for examination, inspection and copying, at such
reasonable 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 Com-
pany. 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, correspondence 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 pursu.
ant to this Section shall not be disclosed to others unless,
in the reasonable judgment of the Company, it is neces.
sary in the administration of the claim. Failure of the
insured claimant to submit for examination under oath,
produce other reasonable requested information or grant
permission to secure reasonably necessary information
from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as
to that claim.
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I
CONDITIONS AND STIPULATIONS
(continued from inside front cover)
6. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, -IRe Company
shall have the following additional options:
(a) To Payor Tender Payment of the Amount of
Insurance.
(i) To payor tender payment of the amount of
insurance under this policy together with any costs, attor-
neys' 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.
(ii) 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 Otherwise 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, attor-
neys' 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 1055 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 Scheduie A;
or
(ii) the difference between the value of the in-
sured 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, attor-
neys' 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 of any improve-
ments made subsequent to Date of Policy. unless a
liability or value has otherwise been agreed upon as to
each parcel by the Company and the insured at the time of
the issuance of this policy and shown by an express
statement or by an endorsement attached to this policy.
9. LIMITATION OFLIABILlTY.
(a) If the Company establishE1s the title, or removes
the alleged defect, lien or encumbrance, or cures the lack
of a right of access to or from the land, or cures the claim
of unmarketability of title. all as insured, in a reasonably
diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully
-........~,_..~".....
.--...---....'-"'
I
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 Com-
pany 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, ad-
verse to the title as insured.
(c) The Company shall not be liable for loss or dam-
age 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 re-
duce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insur-
ance 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 endorsement of the payment unless the policy
has been lost or destroyed, in which case proof of 1055 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 Condi-
tions and Stipulations, the loss or damage shall be pay-
able 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 subroga-
tion. 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 1055 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 indemnities, guaran-
ties, other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments
(continued on back)
. -"',, M
which provide for subrogation rights by reason of this
policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration pur-
suant to the Title Insurance Arbitration Rules of the Ameri-
can Arbitration Association may be demanded if agreed to
by both the Company and the insured. Arbitrable matters
may include, but are not limited to, any controversy or
claim between the Company and the insured arising out of
or relating to this policy, any service of the Company in
connection with its issuance or the breach of a policy
provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the
insured, the Rules in effect at Date of Policy shall be
binding upon the parties.- The award may include attor-
neys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevail-
ing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdic-
tion thereof.
I
CONDITIONS AND STIPULATIONS
(continued from inside back cover)
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I
dating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid
or unenforceable under applicable law, the policy shall be
deemed not to include that provision and all other provi-
sions 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 ad-
dressed to the Company at its Corporate Headquarters,
6800 College Blvd., Suite 700, Overland Park, KS 66211.
In the event there are any questions concerning
the coverage continued herein or should the insured
desire to communicate a complaint to the Company,
please contact the Regional Office of the Company by
calling 1 (800) 637-0487.
Nations Title Insurance
of New York Inc.
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 Com-
pany 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 inter-
preting any provision of this policy, this policy shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status of
the title to the estate or interest covered hereby or by any
action asserting such claim, shall be restricted to this
policy.
(c) No amendment of or endorsement to this policy
can be made except by a writing endorsed hereon or
attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or vali-
Policy of Title Insurance
Issued By
6800 College Blvd. / Suite 700/ Overland Park, Kansas 66211
913-491-5585
2635