RANDALL D. ROTTER
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Pfepare<l'By: Stacy L Cordes
I$CORD & RETURN TO:
SOMERS TITLE COMPANY
"1290 COURT STREET
CLEARWATER, FL 33756
, (727) 441-1088 ph. (727) 449-1359 fax
incidental to the issuance of a title insurance policy.
File Number: 06060024c
Parcel ID #: 03/29/15/01926/00110190
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2006337855 09/11/2006 at 04:42 PM
OFF REC BK: 15358 PG: 1321-1323
DocType:DEED RECORDING: $27.00
D DOC STAMP: $515.90
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This WARRANTY DEED, dated 9/8/2006 by
Randall D. Rotter, an unmarried man
whose post office address is:
804 Fairmont Street Clearwater, FL 33755
hereinafter called the GRANTOR, to
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
whose post office address is:
~.O. Box 4748 Clearwater, FL 33758
Jtreinafter called the GRANTEE:
<}Vherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal
rtpresentatives 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 considerations,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
unto the GRANTEE, all that certain land situate in Pinellas County, Florida, viz:
WARRANTY DEED
(INDIVIQUAL)
Parcel No. 03-29-15-01926-001-0190
Portions of Lots 19 and 20, Block "A", AVONDALE SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida, more particularly described as
follows:
~eginning at the Northeast corner of Lot 19, Block "A", Avondale Subdivision, as recorded in Plat Book 7, Page
410, Public Records of Pinellas County, Florida for a POINT OF BEGINNING; thence assumed, S 20033'34" West
~ong the East boundary of said Lot, a distance of 50.00 feet to a point on a curvature at the Southeast corner of
I;.ot 19, also being the Northeast corner of Lot 20; thence along a curve to the right, being the East boundary of
s~id Lot 20, having a radius of 53.92 feet and a central angle of 69054'12", an arc length of 65.78 feet; a chord
~'earing S 55030'34" West a chord distance of 61.78 feet, to a point of tangency on the South boundary of said Lot
; thence N 89032'29" West along the South boundary of said Lot 20, a distance of 14.20 feet; thence N
. 1018'04" East a distance of 3.17 feet, to a point of curvature; thence along a curve to the left having a radius of
$.00 feet, a central angle of 14016'07", an arc length of 19.92 feet, a chord bearing N 74010'00" East and a chord
; istance of 19.87 feet to a point of compound curvature; thence along a curve to the left having a radius of 16.00
et, a central angle of 43053'00" an arc length 12.25 feet,a chord bearing N 45005'27" East, and a chord distance
f 11.96 feet to a point of reverse curvature; thence along a curve to the right having a radius of 59.00 feet, a
~ntral angle of 43039'39" an arc length 44.96 feet, a chord bearing N 44058'46" East and a chord distance of
i ~.88 feet, to a point of reverse curvature; thence along a curve to the left having a radius of 19.00 feet, a central
*gle of 46015'02" and arc length 15.34 feet, a chord bearing North 43041 '05" East and a chord distance of 14.92
feet to a point of tangency; thence N 20033'34" East 27.64 feet to the point of intersection on the North boundary
of said Lot 19; thence S 68036'52" East along the North boundary of said Lot 19 a distance of 1.00 feet to the
POINT OF BEGINNING.
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SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any;
, taxes and assessments for the year 2006 and subsequent years; and to all applicable zoning ordinances and/or restrictions
and prohibitions imposed by governmental authoriti€s, ,if any.
'TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND THE GRANTOR hereby covenants with said GRANTEE that except as above noted, 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.
, i W WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above.
Signature:
Print Name:
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Signature:' . "
lITint Name:lE ;./ E ~
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~all D. Rotter
E FOLLOWING WITNESSES:
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~tate of Florida
~ounty of Pinellas
tHE FOREGOING INSTRUMENT was sworn and acknowledged before me on 9/8/2006 by:
Raadall D. Rotter, an unmarried man
who has produced a drivers license as identification.
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Notary Signature:
Notary Print Name:
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Notary Seal:
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MARIANNE SCHAFFER //
Notary Public "'a~f' 01 Florida
My Commission Expires 12114/2009
Commission No, # DD068427
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AMERICAN LAND -f"/TLE ASSOCIA TION
OWNER'S POLICY (10-17-92)
POLICY NO. FL7881-51-06060024c-2006.71l0609-72483285
Florida Modified
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
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TICOR TITLE INSURANCE
COMPANY, OF FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
TICOR TITLE INSURANCE COMPANY OF FLORIDA, a Florida 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.
IN WITNESS WHEREOF, TICOR TITLE INSURANCE COMPANY OF FLORIDA has caused
this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to
I become valid when countersigned by an authorized signatory.
Issued By:
FL 7881 06060024c
Somers Title Company
1290 Court Street
Clearwater , FL 33756
Tel:(727) 441-1088
Fax:(727) 449-1359
TICOll'IlTL'EINSIlBANCECOMlANYOP JrLORlDo\
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7110609 OP-9 (5/05)
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AL TA Owner's Policy (10-17-92) Florida Modified
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 (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;(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) environmentaf 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 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 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 toa purchaser for value or a judgment or lien creditor.
CONDITIONS AND STIPULATIONS
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 expanses incurred by the insured in the defense of those causes of i
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 ensured, 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 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 obligations to the insured under
the policy shall terminate, including any liability or obligation to llefend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such cooperation.
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 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 Schedule [A], and 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 [Al, nor any right, title, interest, estate or
easement in abulling 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.
(~ '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, "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) 'unmarketability 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 requiringthe delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
'he 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 litigations 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.
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 loss or damage. If the Company
is prejudiced by the failure of the 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.
II
OWNER'S POLICY
..
Schedule A
State: FL County: Pinellas
File Number
06060024c
Policy Number
7110609-72483285
Effective Time
4:42 PM
Amount of Policy
$73,700.00
Effective Date
September 11, 2006
Commitment #:
Simultaneous #:
Reinsurance #:
1.
Name of Insured:
I II
2.
City of Clearwater, Florida, a Municipal Corpor~ti?nof the State of Florida
The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
Parcel No. 03-29-15-01926-001-0190
Portions of Lots 19 and 20, Block "A", AVONDALE SUBDIVISION, according to the map or
plat thereof as recorded in Plat Book 7, Page 40, Public Records of Pinellas County,
Florida, more particularly described as follows:
: I
Beginning at the Northeast corner of Lot 19, Block "A", Avondale Subdivision, as recorded
in Plat Book 7, Page 40, Public Records of Pinellas County, Florida for a POINT OF
BEGINNING; thence assumed, S 20033'34" West along the East boundary of said Lot, a
distance of 50.00 feet to a point on a curvature at the Southeast corner of Lot 19, also
being the Northeast corner of Lot 20; thence along a curve to the right, being the East
boundary of said Lot 20, having a radius of 53.92 feet and a central angle of 69054'12", an
arc length of 65.78 feet; a chord bearing S 55030'34" West a chord distance of 61.78 feet,
to a point of tangency on the South boundary of said Lot 20; thence N 89032'29" West
along the South boundary of said Lot 20, a distance of 14.20 feet; thence N 81018'04" East
a distance of 3.17 feet, to a point of curvature; thence along a curve to the left having a
I radius of 80.00 feet, a central angle of 14016'07", an arc length of 19.92 feet, a chord
bearing N 74010'00" East and a chord distance of 19.87 feet to a point of compound
curvature; thence along a curve to the left having a radius of 16.00 feet, a central angle of
43053'00" an arc length 12.25 feet,a chord bearing N 45005'27" East, and a chord distance
of 11.96 feet to a point of reverse curvature; thence along a curve to the right having a
radius of 59.00 feet, a central angle of 43039'39" an arc length 44.96 feet, a chord bearing N
44058'46" East and a chord distance of 43.88 feet, to a point of reverse curvature; thence
along a curve to the left having a radius of 19.00 feet, a central angle of 46015'02" and arc
length 15.34 feet, a chord bearing North 43041'05" East and a chord distance of 14.92 feet
to a point of tangency; thence N 20033'34" East 27.64 feet to the point of intersection on
Issued By: 7881 * 06060024c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
~
orized Signatory
N~te: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
ad ed pages incorporated by reference.
I
: i
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OWNER'S POLICY
the North boundary of said Lot 19; thence S 68036'52" East along the North boundary of
said Lot 19 a distance of 1.00 feet to the POINT OF BEGINNING.
i i I
I
Policy #: 7110609-72483285
2
File #: 06060024c
Npte: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
a4ded pages incorporated by reference.
r
OWNER'S POLICY
Schedule B
This policy does not insure against loss or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and 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.
I 14~ ! Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
irhposed by law and not shown by the public records.
5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the
insured.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands and lands
accreted to such lands.
7~ Taxes and assessments for the year 2006, and thereafter and/or special assessments, if any, not
r,corded in the public records.
.*The following items, as listed above, are hereby deleted: 1 and 4 **
a. Subject to 20 foot front building set back line per plat, as shown in Plat Book 7, Page 40, Public
~ecords of Pinellas County, Florida.
9l Subject to such state of facts as shown on Plat, recorded in Plat Book 7, Page 40, Public
Records of Pinellas County, Florida.
II
Policy #: 7110609-72483285
3
File #: 06060024c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
a<lded pages incorporated by reference.
CONDITIONS AND STIPULATIONS - CONTINUED
In addition, the Insured claimant may reasonably be required to submit to examination under 9. LIMITATION OF L1ABIL TY
~ by any authorized representative of the Company and shall produce for examination, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance,
inslleCtiOn and copying, at such reasonable times and places as may be designated by any or cures the lack of a right of access to or from the land, or cures the claim of un marketability
a~orized representative of the Company, all records, books, . ledgers checks, cor~spondence of title, alias insured, in a reasonably diligent manner by any method, including litigation and
and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain the completion of any. appeals there from, it shall have fully performed its obligations with
to the loss or damage. Further, if requested by any authorized representative ofthe Company, respect to thai matter and shall not be liable for any loss or damage caused thereby.
the insured claimant shall grant its permission, in writing, for any /luthorized representative of the (b) In the event of any litigation, including litigation by the Company or with the Company's
Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and consent, the Company shall have no liability for loss or damage until there has been a final
memoranda in the custody or control of a third party, which reasonably pertain to the loss or determination by a court of competent jurisdiction, and disposition of all appeals there from,
dlQage. All information designated as confidential by the insured claimant provided. to the adverse to the title as insured.
Company pursuant to this Section shall not be disclosed to o.thers unless, in the reasonable (c) The Company shall not be liable forloss or damage to any insured for liability voluntarily
jud9ment of the Company, it is necessary in the administration of the claim. Failure of the insured assumed by the insured in settling any claim or Su~ without the prior written consent of the
claitnanl to submit for examination under oath, produce other reasonably requested information Company.
or grant permission to secure reasonably necessary information from third parties as required in
thisl 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:
~) To Pav or Tender Pavment of the Amount of Insurance. .
fq y pr tender payment of the amount of Insurance under this policy together with any costs.
a 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
topsy.
Upon the exercise by the Company of this option. all liability and obflQations to the insured
under this policy, other than to make the payment required, shall terminate, including any liabil~
or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered
to tile Company for cancellation.
(b) To Pavor Otherwise Settle With Parties Other than the Insured or With the Insured
I a t.
(i) to payor otherwise settle with other parties for or in the name of an insured claimant any
clai insured against under this policy, together with any costs, attorneys' fees and expenses
Inc rred by the insured claimant which were authorized by the Company up to the time of
pa ent and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage provided for
un r this policy, together with any costs, attorneys' fees and expenses incurred by the insured
clll ant which were authorized by the Company up to the time of payment and which the
Co pany is obligated to pay.
pon 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,
oth r than the payments required to be made, shall terminate, including any liability or obligation
10 fend, prosecute or continue any litigation.
7'iETERMINATION. EXTENT OF LIABILITY AND COINSURANCE
Thi policy is a contract of indemnity against actual monetary loss or damage sustained or
inc rred by the. insured claimant who has suffered loss or. damage bY,r. eason of matters insured
ag instiby this policy and only to the extent herein described.
[el T liability of the Company under this policy shall not exceed the least of:
0) the Amount of Insurance stated in Schedule A; or,
t) the difference between the value of the insured estale or interest as insured and the value
of e insured estate or interest subject to the defect lien or encumbrance in. sured against by this
pol .
(b) (This paragraph dealing with Coinsurance was removed from Florida policies.) .
:c) The Company will pay only those costs, attorneys' fees and expenses incurred in
acrrdance with Section 4 of these Conditions and Stipulations.
~.I PPORTIONMENT
:. .1 the land described in Schedule [AJ 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 COfl1luted and setUed 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 improvements made subsequent to Date of Policy, unless a liability or value has othlllWise
be," agreed upon as to each parcel by the Company and the insured at the time of the issuance
o~ rs policy and shown by an express statement or by an endorsement attached to this policy.
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 amOURt of in~rance 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 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 ComDanv's Riaht of Subroaation.
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 th.e 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 setUe in the name of the insured claimant and to use the name of the insured claimant in
any tr8nsaction 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 ComDanv's Riahts Aaainst Non-insured Obliaors.
The Company's right of subrogation against non-insured obligors shall exist and shall include,
without limitation, the rights of the insured to indemnities, guaranties, . other policies of
insurance or bonds, notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
(This paragraph was modified for Florida Policies.)
Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration
Rules of the American Arbitration Association may be demanded if agreed to by both
Company and the insured. Arbitrable matters may include, but are not limited to, any
controversy or claim between Company and the insured arising out of or relating to this policy,
and service of 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 attorneys' fees only if the
laws of the state in which the land is located permit a court to award attomeys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) maybe entered in
any court having jurisdiction thereof.
CONDITIONS AND STIPULATIONS CONTINUED
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration (c) No amendment of or endorsem~nt to this ~olicy can be. !TIade except by. a writing
endorsed hereon or attached hereto signed by either the President, Vice President, the
. Secretary, an Assistant Secretary, or validating officer or authorized signatory of the
- Company,
RlJles.
~copy of the Rules may be obtained from the Company upon request.
1~" LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
( ) This policy together with all endorsements, if any, attached her~to by '!1e Company ~s the
e tire policy and contract between the Insured and the Company. In interpreting any provIsion of
IIts policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which aris~s out of
Itle status of the title to the estate or interest covered hereby or by any action asserting such
C1rim, shall be restricted to this policy.
16. SEVERABILITY
In the event any provision of the p~licy is held invalid or unenforceable un~er applicable la,!",
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 Ticor Title Insurance Company of Florida, Claims Administration, P.O. Box
45023, Jacksonville, FL 32232-5023. Telephone: (877) 862-9111.
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