HomeMy WebLinkAbout1997 Morrison, Samiieturn to: (enclose self Addressed stamped envelope)
Name: Professional Title of I.R.
C� 1546 N U.S. #1
Address: Sebastian .9.58
This This Instrument Prepared by:
Professional Title,.pf
AdI150 6 N U.'S . # 1
Sebastian, FL 32958
Property Appraisers Pareel Identificatip �(,F o) Number(s):
01- 31 -38- 00000- .7'0�o04.0
Grantee[sl S.S. #[s):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
L .� P -22372
0
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WARRANTY DEED
INDIVID. TO INDIVID.
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NOTE
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INDIAN RN9ER COU
60 (941s Joarrautg 110! Ala de the 15 day of
Sam R. Morrison and Gaye S. Morrison, his wife
hereinafter called the gro.ntor, to
City of Sebastian
whose post, office address is 1225
RAMCO FORM 01
SPACE ABOVE THIS LINE FOR RECORDING DATA
September A.D. 19 97 by
Main Street, Sebastian, FL 32958
hereinafter called the grantee:
(Wherever used heroin the ternta 'grantnr" and 'grantee' include all the pa.rtiea to this instiument and the
heirs, legal represent.ativea znd assigns of individuals, and the successnm and assigns of corporations)
RITWOMI.- That, the grantor, fi Ir and in consideration of the sum of $ 10.0 0 and other
valuable considerations, receipt whrre(f is hereby acknowledged, herelnj grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto thr grantee all that certain land situate in Indian River
County, State of Florida , viz:
Lot 23, Block 12, Sebastian Highlands, Unit 1, according to the plat thereof as
recorded in Plat Book 5, Page 14, Public Records of Indian River County, Florida.
Subject to all valid restrictions, reservations, easements and zoning of record.
Grantor further warrants that the above described property is not homestead
property and grantors residence is other than that being conveyed.
Xoyit#4tr, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
MO lJMlit anb to 1101b, the same in fee simple forever.
AtIb the grantor hereby covenants with said grantee that the ,grantor is lawfully seized of said la.?rd in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the sarite against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 19 96 .
JII Whicos V14cred, the said grantor has signed and sealed these presents the day and year first, above
written.
S; ned, sealed and de ' ered in tl f presence of.-
Sigr -
G 14c -�
Prinignatn � �
Signatu
Print1d Signature
8i gnatute --- - - ---- .. — .... -- --'—
Printed Signature
r nu.w mg,m,.uri
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take
acknowledgments, personally appeared
Sam R. Morrison and Gaye S. Morrison
to me known to be the person described in and
who executed the foregoing instrument and acknowledged before me that executed thAsame.
WITNESS my hand and official seal in the County and State last 11 day of A.D. I95�-'72
SEAL CWM W M Rkh
�$ My Ca11r Wil CCM SU4 -
"�; ° 12xpuaeMey17,20pf t'—n� N „tare Sit�cd:n�.
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Signature
Sam R. Morrison
Prime Signature
274 Main Street, Sebastian, FL 32958
Post O nee e\ ress
Gaye S. Morrison
Printed Signatnre ._......_....._-- _ --. ---
274 Main Street, Sebastian, FL 32958
Peat Ur rce A dress
ISSUED BY OWNER'S POLICY OF V'I'LE INSURANCE
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commonwealth POLICY NUMBER
A02-- 218865
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: G ��Secre�tary By: /
(/ President
i
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:
I . (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 improve-
ment 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 affect of any violation of these laws, ordinances or governmental regula-
tions, 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 to a purchaser for value or a judgment or lien creditor.
ALTA Owner's Policy (10- 17 -92) Face Page
with Florida Modifications Valid Only If Schedules A and B and Cover Are Attached
Form 1190 -21 ORIGINAL
Issued with Policy No.
Policy No. A02- 278865
File Number P-22372
1. Name of Insured:
City of Sebastian
SCHEDULE A
Effective Date: 97SEP17 PM12:55
Amount of Insurance: $ 15,000.00
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
1171 , Page 0190 , of the Public Records
of Indian River County, Florida.
3. The land referred to in this policy is described as follows:
Lot 23, Block 12, Sebastian Highlands, Unit 1, according to the plat thereof as recorded
in Plat Book 5, Page 14, Public Records of Indian River County, Florida.
Countersigned:
ALTA Owners Policy
Schedule A
Form 1190 -47
�47-
Authorized Officer or Agent
ORIGINAL
SCHEDULE B
File Number P_22372
Policy No.
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. Taxes for the year 1997 and taxes or assessments which are not shown as existing liens by the public records or which may
be levied or assessed subsequent to the date hereof.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or
inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. 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.
6. Any claim that any part of said land is owned by the State of Florida by right of. sovereignty, and riparian rights, if any.
7. Easements for Public Utilities and Drainage as recorded in Plat Book 5, Page 14, Public
Records of Indian River County, Florida.
g. Restrictions as recorded in OR Book 26, Page 434, Public Records of Indian River County,
Florida.
9, Personal property is neither guaranteed nor insured.
10. This policy does not insure against county and /or municipal improvement liens which are
not recorded in the Official Records of subject county.
11. Assessments and /or improvement liens, pending and certified.
12. Any lien provided by Chapter 159, Florida Statutes, in favor of any city, town, village
or port authority for unpaid service charges for service by any water, sewer or gas system
supplying the insured land.
13. Items 2 and 5 above are hereby deleted.
Schedule B of this Policy consists of Pages
ALTA Owner's Policy - L/H Owner's
Schedule B
Form 1190 -36 ORIGINAL
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive 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 OF LIABILITY.
(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 therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse
to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or
suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance
pro tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or
to which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
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 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.
ALTA Owner's Policy (10- 17 -92) Cover Page
with Florida Modifications
Form 1190 -22
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 neces-
sary in order to perfect this right of subrogation. The insured claimant
shall permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non- insured Obligors.
The Company's right of subrogation against non - insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration 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 i §suance
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 upon the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted
to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, 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 COMMONWEALTH LAND TITLE
INSURANCE COMPANY, 1700 Market Street, Philadelphia, PA 19103-
3990.
Inquires regarding policy coverage and assistance in resolving complaints,
should be directed to the Company at (407) 425 -6121. Claims must be
reported in accordance with Conditions and Stipulations.
Valid Only If Face Page, Schedules A and B Are Attached
ORIGINAL
PIIOI=LSSIONAL TITLE OF INDIAN nIVEi, INC.
1040 11. U.S. 1 • SEDASIIAN, rLonIDA 3,7900
(561)909-3232 . (561)509-3231 • rAX ( 561 )U99 -3233
September 30, 1997
i010
City of Sebastian
1225 Main Street
Sebastian, FL 32958
RE: Purchase of Lot 23, Block 12, Sebastian Highlands, Unit 1
Our File No. P - 22372
Dear Customer_:
Enclosed please find the following items regarding the above- described
property purchase:
1. Original Recorded Warranty Deed ( X )
2. Owner's Title Insurance Policy ( X )
3. Copy of recorded Mortgage )
4. ( )
Please note that the insurance policy is for the present purchase price.
If you increase the value of your property by construction, you must endorse
the enclosed policy to reflect the total value of the home.
Be advised that if upon construction, you neglect to insure the property
for the value of the construction, you will only be reimbursed the dollar
amount of this policy and not your total investment, in the event of
a title loss.
If upon construction, you bring in the enclosed policy, we will be
able to give you a discount on your future endorsements or transactions.
Please keep this recorded deed and. title policy in a safe place along
with your other valuable documents.
It has been a pleasure being of service to you and we look forward to
being able to meet your future title insurance needs.
Sincerely,
i,
Becki Acosta
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive
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 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, "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 (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 any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or 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 defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
S. 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 of the
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 judgement 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 options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or 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 Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or 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 time of payment
and which the Company is obligated to pay; or
(ii) to pay or 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.
Conditions and Stipulations Continued Inside Cover
B 1190 -2
OWNER'S POLICY OF
TI'T'LE INSURANCE
AMERICAN LAND TITLE ASSOCIATION
(10- 17 -92)
(WITH FLORIDA MODIFICATIONS)
ISSUED BY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
1* Commonwealth
Title Insurance Since 1876
HOME OFFICE:
1700 Market Street I Philadelphia, PA 19103 -3990
B 1190 -22
LA.
C