YVONNE DAWSEY
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RETURN TO:
Somers Title Company
1290 Court Street
Clearwater, Florida 33756
File No. 05110056c
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200606273102/1712006 at 05:14 PM
OFF REC BK: 14941 PG: 335-338
DocType:DEED RECORDING: $35.50
o DOC STAMP: $7.00
'06 .~~
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THIS GENERAL WARRANTY DEED made this --15. day of February
2006 by Yvonne Dawsey,unremarried widow and surviving spouse of Jesse J. Dawsey
hereinafter called the "Grantor", to the City of Clearwater, Florida, a municipal
corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida
33756, hereinafter called the "Grantee" .
(Whenever used herein the term "Grantor" and "Grantee. include all of the parties to this agreement and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
WI T N E SSE T H
That said Grantor, for and in consideration of $10.00 and other valuable consideration,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee for right-of-way purposes, that certain
parcel of real property situate in Pinellas County, Florida, vis:
A portion of Lot 2,Block F, AVONDALE SUBDIVISION as recorded
in Plat Book 7, Page 40 ofthe Public Records of Pinellas County,
Florida, ~ "as more particularly
described and depicted in EXHIBIT "A", pages 1 and 2,attached
hereto and a part hereof.
To have and to hold in fee simple forever, together with all the tenements,
hereditaments and appurtenances thereto belong or in anywise appertaining;
And the said Grantor does hereby covenant with Grantee that the Grantor is lawfully
seized of said land in fee simple; that the Grantor has good right and lawful authority to
sell and convey said land; that the Grantor hereby fully warrants the title to said land and
will defend the same against the lawful claims of all persons whomsoever; and that said
land is free of all encumbrances, except reservations, restrictions and easements of
record, if any, and taxes accruing subsequent, to D.ecember 31, 2005 which shall be
paid by Grantor when due.
Page 1 of 2
'-"
GENERAL WARRANTY DEED
Grantor: Yvonne Dawsey, a widow
Grantee: City of Clearwater, Florida
RE: Portion of Lot 2, Blk. F, AVONDALE SUB
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
day and year first above written.
Signed, sealed and delivered
in the presence of:
~1/lJ/J~I6I.'1
Yvonne Dawsey
-'ietrrf{' L. (Vl'v.-I fer
Print Witness Name
Wit~~
~$#~ F (1~.J^-
Print Witness Name
STATE OF FLORIDA )
) 55
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority, personally appeared Yvonne Dawsey, unremarried
widow and surviving spouse of Jesse J. Dawsey, who executed the foregoing
instrument and acknowledged before me that she did execute the same as her free act
and deed for the uses and purposes herein set forth.
WITNESS my hand and otticialsealthis Ie;- day of February ,2006.
II fl#r\~
(seal)
Notary. u lic - State of Florida
Print/type name J~l\ t:
"'iit~U'" JOSEPH F. PIPPEN, JR.
1~\"';K~?;,1 MY COMMISSION # DD 100144
C:.~':d'E EXPIRES March 25, 2006
"~1'" .;~~., Bonded Thru Notary Public Underwrilers
',,9Fu''i\\
[ ] Personally Known
[9'"PrOduced Identification
Type of Identification Produced
DL-
Page 2 of 2
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December 21, 2004 Horizontal Alignment Legal Description Page 1 of 1
10:53 AM Report Template; HORIZ_AUGN_LEGAL
ProjectName: North Greenwood Traffic Calming
Alignment Name: Lot 2 '
AJjgnm~nt Description:
EXHIBIT "A"
(Page 1 of 2)
FULL LEGAL
Parcel No. 03-29-15-01926-006-0020
A portion of Lot 2, Block "F", 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;
Beginning at the Northwest corner of Lot2, Block "F", AVONDALE SUBDIVISION, according
to the map or plat thereof as recorded in Plat Book 7, Page 40, Public Records of Pinellas
County, Florida, for a POINT OF BEGINNING; thence assumed N 70052'45" East along the
North boundary of said Lot, a distance of 13.32 feet to a point of curvature on a non-tangent
curve; thence along a curve to the right, having a radius of 59.00 feet, a central angle of
14051'06", an arc lenght of 15.29 feet, a chord bearing S 30053'39" West, a chord distance of
15.25 feet, to the Point of Intersection on the West boundary of said lot; thence N 28035'29"
West, along the West boundary of said lot, a distance of 9.94 feet to the POINT OF
BEGINNING.
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BEGINNING S\l""~~"~
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CORNER \-l1()\3.3'2.
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R 59.00'
L 15.29'
C 15;25'
Central Angle 14 "51' 06~
C.B. S30'53'39"W
LOT 2
5 I R/C 1/2"
A PORTION OF LOT 29 BLK. F
AVONDALE SUBDIVISION
PARTIAL RIGHT-OF-WAY TAKE
"NOT A SURVEY"
EXHIBIT "A"
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(Page 2 of 2) N
F/P3/4"
NO 10
SCALE: 1"=20'
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S.POLlCY.f!O-17-92) POLICY NO.
Florida Modified
FL7881-51-05110056C-2006.71 10609-71202808
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TICOR TITLE INSURANCE
COMPANY OF FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE BAND 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 become valid when countersigned
by an authorized signatory.
Issued By:
FL7881
Somers Title Company
1290 Court Street
Clearwater
, FL 33756
TIC OR TITLE INSURANCE COMPANY OF FLORIDA
f~) IlJp~ 1-
President
~~fJ-
Attest:
Secretary
OP-9 (5/05)
ALTA Owner's Policy (10-17-92) (Florida Modified)
:-r
OWNER'S POLICY
Schedule A
State: FL County: Pinellas
File Number
05110056c
Commitment #: 05110056c
Policy Number
7110609-71202808
Effective Date
02/17/2006
Effective Time
5:14 P.M.
Amount of Policy
$1,000.00
Simultaneous #:
Reinsurance #:
1. Name of Insured:
City of Clearwater, Florida, a Municipal Corporation
2. 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. 03-29-15-01926-006-0020
A portion of Lot 2, Block "F", 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;
Beginning at the Northwest corner of Lot 2, Block "F", AVONDALE SUBDIVISION,
according to the map or plat thereof as recorded in Plat Book 7, Page 40, Public Records
of Pinellas County, Florida, for a POINT OF BEGINNING; thence assumed N 70052'45"
East along the North boundary of said Lot, a distance of 13.32 feet to a point of curvature
on a non-tangent curve; thence along a curve to the right, having a radius of 59.00 feet, a
central angle of 14051'06", an arc lenght of 15.29 feet, a chord bearing S 30053'39" West, a
chord distance of 15.25 feet, to the Point of Intersection on the West boundary of said lot;
thence N 28035'29" West, along the West boundary of said lot, a distance of 9.94 feet to
the POINT OF BEGINNING.
Issued By: 7881 * 0511 0056c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
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
added pages incorporated by reference.
: I'
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.
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. 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 for the year 2006, and subsequent years which are not yet due or payable.
**The following items, as listed above, are hereby deleted: 1 and 4 **
8. Subject to 25 foot building set-back line to front lot line, as shown on Plat, recorded in Plat Book
7, Page 40, Public Records of Pinellas County, Florida.
9. Subject to such state of facts, including easements for ingress and egress, as shown on Plat,
recorded in Plat Book 7, Page 40, Public Records of Pinellas County, Florida.
Policy #: 7110609-71202808
2
File #: 0511 0056c
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
added pages incorporated by reference.
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) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, excepllo 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 exlent 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 estale 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 creeting the estale 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.
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, nexl
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 ofthe
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 [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 exlent 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) ofthe 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 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 (i1) 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, (i1) in case knowledge
shall come to an insured hereunder of any claim oftitle 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 exlent 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 expanses 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 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 (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 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 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.
In addition, the Insured claimant may reasonably be required to submit
to examination under oath by any authorized representative ofthe Company
and shall produce 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 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, 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 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 this 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 Pay or Tender Payment oftheAmount 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 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, 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)
CONDITIONS AND STIPULATIONS - CONTINUED
(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) (This paragraph dealing with Coinsurance was removed from
Florida policies.)
(c) 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 of any 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 issuance of
this policy and shown by an express statement or by an endorsement
attached to this policy.
-9. LIMITATION OF1.IABILTY
(a) If the Company establishes 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 there from, 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 there from, 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
endorsement ofthe 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 ofthe 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 Amount of Insurance stated in Schedule A; or,
,
. ,-
CONDITIONS AND STIPULATIONS - CONTINUED
A copy of the Rules may be obtained from the Company upon request.
the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Comoany'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 ofthe 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 attorneys' fees to a prevailing party. Judgment upoll-4heawaFd
rendered by the Arbitrator(s) maybe 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.
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 ofthis 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,
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 law, the policy shall be deemed not to include that provision
and all other provisions shall remain in full force and effect.
1 LNOTICES,WHERESENT
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 Department, P.O. Box 45023, Jacksonville, Florida 32232-5023.
Telephone: (877) 862-9111.
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