HomeMy WebLinkAbout910363.tiff 01/15/91 ERK & REC09.
X5.00 1/001
F 1030 MARY ANN FEUERSTEZN CLORDER WELD CO, CO
AR2238427 B 1287 _.EC 02238427
AR22109963 State Docpmentary Fee
Date...l.. //'?
WARRANTY DEED $ .;;C;
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s THIS DEED is a conveyance of the real estate described below, including
0
N any improvements and other appurtenances (the "property") by the corporation
named below as GRANTOR to the entity named below as GRANTEE.
The Grantor hereby sells and conveys the property to the GRANTEE and the
H GRANTOR warrants the title to the property, except for (1) the lien of the
(I) general property taxes for the year of this deed, which the GRANTEE will pay
+> (2) any easements and rights-of-way shown of record (3) any patent
+' reservations and exceptions (4) any outstanding mineral interests shown of
u
w record (5) any protective covenants and restrictions shown of record.
o The Specific Terms of This Deed Are:
0
Grantor: The Grantor is ALTON MILLERS AGENCY, INC. , an Illinois corporation,
b with its principal office located at 111 East Fourth Street, Alton,
0
Illinois 62002,
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�+ Grantee: The Grantee is the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
✓ COLORADO, Weld County Courthouse, Greeley, Colorado, �� 1
c� Property Description:
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m Lots Eight (8) and Nine (9) , in Block Sixty—four (64) , EXCEPT the
" South Thirty feet (S 30' ) thereof, City of Greeley, County of Weld,
State of Colorado, according to the recorded map or plat thereof;
o situated in Greeley, Weld County, State of Colorado.
O Property Address: 814 Ninth Street, Greeley, Colorado,
Consideration: Ten and No/100ths Dollars ($10.00) and other good and valuable
N consideration.
F.1 Executed by the Grantor on January- I fit, 1991.
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ALTON MILLERS AGENCY, INC. , an Illinois
corporation,
By �y / /✓ -7' I
George S/Mflnor, President
ATTESST:
Sandra J. eeson, Secretary
STATE OF ILLINOIS )
) SS.
COUNTY OF MADISON )
The foregoing instrument was acknowledged before me this 4th day of
January, 1991, by GEORGE S. MILNOR, President, and SANDRA J. LEESON, SerYe—
tary, of ALTON MILLERS AGENCY, INC. , an Illinois corporation.
WITNESS my hand and official seal.
My Commission Expires: April 27, 1992
..,........, P S
«....,.......
C
After recording, return to:
B 1293 REC 02244963 03/26/91 09: 31 X5. 00 1/001
Q F 2155 MAR
Y ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 910J"
Ppon o e
1 L
•
Homestead Title Co.
OF Greeley, Inc.
930 1 1 th Avenue • P.O. Box 970 • Greeley, CO 80632
Bus: (303) 353-7629
Fox: (303) 353-7976
Board of County Commissioners/Weld Co.
Weld County Court House
Greeley, CO 80631
Our File Number: 667
Your Ref : Board of Co. Comm./D
Dear Customer:
Enclosed, please find your Title Insurance Policy in connection
with your recent transaction. Since we have already researched
this property, we would be able to quickly provide you with. any
additional services or information. Please call us if you have
any questions.
Thank-you for using Homestead Title.
Sincerely,
...`...__.._.
_arga-La 6;71
Debra L. Covert
Vice President & Title Supervisor
DLC/mrs
POLICY NO: B 109314
OWNER'S TITLE INSURANCE POLICY
Issued by
THE SECURITY TITLE GUARANTEE
CORPORATION OF BALTIMORE
BALTIMORE, MARYLAND
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, THE SECURITY TITLE GUARANTEE
CORPORATION OF BALTIMORE, A MARYLAND 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:
I. 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,The Security Title Guarantee Corporation of Baltimore has caused its corporate name and seal to be
hereunto affixed,the Policy to become valid when countersigned by an authorized officer or agent of the company.
THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE/'
ISSUED BY:
�� {//i PresidentAttest' L
sir
Secretary
AGENT FOR _
dr ;N El,.(p O
THE SECURITY TITLE GUARANTEE I'4: gst°nnp,`°r!
CORPORATION OF BALTIMORE rot ttsi
it a's, \w3
Countersigned: IS ee,. I
Authorized Signatory
9 ;3,
ST-N-4
American Land Title Association Owner's Policy—(61-N])
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 or which the land is or was a part;or(iv)environmental protection,or the effect of
any violation of these laws, ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above, except to the extent that a
notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public record 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.
Conditions and Stipulations
1. Definition of Terms. litigation in which any third party asserts a claim adverse to the title or interest
The following terms when used in this policy mean: as insured,but only as to those stated causes of action alleging a defect,lien or
(a) "insured" the insured named in Schedule A,and,subject to any rights or encumbrance or other matter insured against by this policy.The Compeny shall
defenses the Company would have had against the named insured,those who have the right to select counsel of its choice(subject to the right of the insured to
succeed to the interest of the named insured by operation of law as object for reasonable cause)to represent the insured as to those stated causes of
distinguished from purchase including,but not limited to,heirs,distributees, action and shall not be liable for and will not pay the fees of any other counsel.
devisees,survivors,personal representatives,next of kin,or corporate of fiduciary The Company will not pay any tees,costs or expenses incurred by the insured in
successors. the defense of those causes of action which allege matters not insured against
(b) "insured claimant an insured claiming loss or damage. by this policy.
(c) "knowledge"or"known":actual knowledge,not constructive knowledge or (b) The Company shall have the right,at its own cost to institute and prosecute
notice which may be imputed to an insured by reason of the public records as any action or proceeding or to do any other act which in its opinion may be
defined in this policy or any other records which impart constructive notice of necessary or desirable to establish the title to the estate or interest,as insured
matters affecting the land. or to prevent or reduce loss or damage to the insured.The Company may take
(d) "land":the land described or referred to in Schedule A,and improvements any appropriate action under the terms of this policy,whether or not it shall be
affixed thereto which by law constitute real property.The term"land"does not liable hereunder,and shall not thereby concede liability or waive any provision of
include any property beyond the lines of the area described or referred to in this policy.If the Company shall exercise its rights under this paragraph,it shall
Schedule A,nor any right,title,interest,estate or easement in abutting streets, do so diligently.
roads,avenues,alleys,lanes,ways or waterways but nothing herein shall modify (c) Whenever the Company shall have brought an action or interposed a defense
or limit the extent to which a right of access to and from the land is insured by as required or permitted by the provisions of this policy,the Company may
this policy. pursue any litigation to final determination by a court of competent jurisdiction
(e) mortgage":mortgage,deed of trust,trust deed,or other security instrument. and expressly reserves the right,in its sole discretion,to appeal from any adverse
(0 "public records":records established under state statutes at Date of Policy for judgment or order.
the purpose of imparting constructive notice of matters relating to real property (d) In all cases where this policy permits or requires the Company to prosecute
to purchasers for value and without knowledge.With respect to Section 1(a)(iv)of or provide for the defense of any action or proceeding,the insured shall secure to
the Exclusions From Coverage,'public records"shall also include environmental the Company the right to so prosecute or provide defense in the action or
protection liens filed in the records of the clerk of the United States district court proceeding,and all appeals therein,and permit the Company to use,at its option,
for the district in which the land is located. the name of the insured for this purpose.Whenever requested by the Company,
(g) "unmarketability of the title":an alleged or apparent matter affecting the title the insured,at the Company's expense,shall give the Company all reasonable
to the land,not excluded or excepted from coverage,which would entitle a aid(i)in any action or proceeding,securing evidence,obtaining witnesses,
purchaser of the estate or interest described in Schedule A to be released from prosecuting or defending the action or proceeding,or effecting settlement,and
the obligation to purchase by virtue of a contractual condition requiring the
delivery of marketable title. q g necessary
a any other lawfudesirable
act which in the opinion of the Company mays i
necessary or desirable c establish the title to the estate or interest a insured.If
the Company is prejudiced by the failure of the insured to furnish the required
2. Continuation of Insurance after Conveyance of Title. cooperation,the Company's obligations to the insured under the policy shall
The coverage of this policy shall continue in force as of Date of Policy in favor of terminate,including any liability or obligation to defend,prosecute,or continue
an insured only so long as the insured retains an estate or interest in the land,or any litigation,with regard to the matter or matters requiring such cooperation.
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 5. Proof of Loss or Damage.
reason of convenants of warranty made by the insured in any transfer on In addition to and after the notices required under Section 3 of these Conditions
conveyance of the estate or interest.This policy shall not continue in force in and Stipulations have been provided the Company,a proof of loss or damage
favor of any purchaser from the insured of either(i)an estate or interest in the signed and sworn to by the insured claimant shall be furnished to the Company
land,or(ii)an indebtedness secured by a purchase money mortgage given to the within 90 days after the insured claimant shall ascertain the facts giving rise to
insured. 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
3. Notice of Claim to be Given by Insured Claimant. which constitutes the basis of loss or damage and shall state,to the extent
The insured shall notify the Company promptly in writing in in case of any possible,the basis of calculating the amount of the loss or damage.If the
litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to Company is prejudiced by the failure of the insured claimant to provide the
an insured hereunder of any claim of title or interest which is adverse to the title required proof of loss or damage,the Company's obligations to the insured under
to the estate or interest,as insured,and which might cause loss or damage for the policy shall terminate,including any liability or obligation to defend,
which the Company may be liable by virtue of this policy,or(iii)if title to the prosecute,or continue any litigation,with regard to the matter or matters
estate or interest,as insured,is rejected as unmarketable.If prompt notice shall requiring such proof of loss or dargage.
not be given to the Company,then as to the insured all liability of the Company In addition,the insured claimant may reasonably be required to submit to
shall terminate with regard to the matter or matters for which prompt notice is examination under oath by any authorized representative of the Company and
required;provided,however,that failure to notify the Company shall in no case shall produce for examination,inspection and copying,at such reasonable times
prejudice the rights of any insured under this policy unless the Company shall be and places as may be designated by any authorized representative of the
prejudiced by the failure and then only to the extent of the prejudice. Company,all records,books,ledgers,checks,correspondence and memoranda,
whether bearing a date before or after Date of Policy,which reasonably pertain
4. Defense and Prosecution of Actions:Duty of Insured Claimant to to the loss or damage.Further,if requested by any authorized representative of
Cooperate. the Company,the insured claimant shall grant its permission,in writing,for any
(a) Upon written request by the insured and subject to the options contained in authorized representative of the Company to examine,inspect and copy all
Section 6 of these Conditions and Stipulations,the Company,at its own cost and records,books,ledgers,checks,correspondence and memoranda m the custody
without unreasonable delay,shall provide for the defense of an insured in or control of a third party which reasonably pertain to the loss or damage.All
•
(Conditio, nd Stipulations Continued and Concluded on Last Page of i ms Policy)
ALTA Owner's Policy- 1987
Schedule A
THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE
Policy No. Date of Policy
B 109314 March 27, 1991 at 7:45 A.M.
Amount of Insurance
$ 125,000.00 File Number: 667
1. Name of Insured:
BOARD OF CIDUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
2. The estate or interest in the land which is covered by this policy is:
A ELT. SIMPLE
3. Title to the estate or interest in the land is vested in:
THE INSURED
4. The land referred to in this policy is located in the County of WELD
state of COLORADO and described as follows:
SEE ATTACHED LEGAL DESCRIFTION
This Policy is valid only if Schedule B is attached along with ALTA Owner's Policy- 1987 and countersigned by an
authorized signatory.
ST-N-4A 01 et7Se3;
ORIGINAL
INCLUDED IN AND FORMING PART OF THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMDRE
POLICY NO. : B 109314
FILE NUMBER: 667
LEGAL DESCRIPTION:
Lots Eight (8) and Nine (9) , in Block Sixty-four (64) , EXCEPT the East Thirty feet
(E30') thereof, City of Greeley, County of weld, State of Colorado, according to the
recorded map or plat thereof.
ALTA Owner's Policy- 1987
Schedule B
THE SECURITY TITLE GUARANTEE CORPORATION OF BALTIMORE
Policy No. B 109314 File Number: 667
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs,attorney's fees or expenses)which arise by reason of the
following exceptions:
1. Taxes and other public charges (including assessments by any county, municipality, metropolitan district or commission) payable on an
annual basis have been paid through the current tax period ending December 31, 19 90 . This policy does not insure
against the balance of any public charges (including assessments by any county, municipality, metropolitan district or commission)
payable on an annual basis subsequent to the current tax period. Nor does this policy insure against possible future tax levies
nor against possible public charges, as defined above that have not been levied or assessed,and which are not now due and payable.
2. Rights or claims of parties in possession not shown by the public records.
3. Easements, or claims of easements, not shown by the public records.
4. All matters and facts, including, but not limited to, discrepancies,encroachments, overlaps,boundary line disputes,shortage in area,which
would be disclosed by a correct survey or inspection of the premises,and where a survey is made,the surveyor is the agent and employee of the
Insured and Insured must look to surveyor for protection in respect to these matters.
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. Taxes for the year 1991 and subsequent years, not yet due and payable.
7. Terms, conditions, obligations and covenants contained in Party Wall Agreement
between the then owners of Lots 9 and 10, Block 64, recorded May 19, 1906 in Book 234
at page 352,
8. Terms, conditions, obligations and covenants contained in Party Wall Agreement
between the then owners of Lots 9 and 10, Block 64, recorded April 4, 1934 in Book
958 at page 14.
Application No.
Written By _
Approved By
ST-N-45 f:' 1`063
n enter AI
• (Condition I Stipulations Continued and Concluded From Reverse Si 'Policy Face)
information designated as confidential by the insured claimant provided to the 10. Reduction of Insurance;Reduction or Termination of Liability.
. Company pursuant to this Section,shall not be disclosed to others unless,in the All payments under this policy,except payments made for costs,attorneys'fees
reasonable judgment of the Company,it is necessary in the administration of the and expenses,shall reduce the amount of the insurance pro tenni
claim.
11. Liability Noncumulative.
Failure of the insured claimant to submit for examination under oath,produce
It is expressly understood that the amount of insurance under this policy shall be
other reasonably requested information or grant permission to secure reasonably
reduced by any amount the Company may pay under any policy insuring a
necessary information from third parties as required in this paragraph.
mortgage hereafter executed by the insured or assumed or agreed to by the
6. Options to Pay or Otherwise Settle Claims;Termination of Liability. insured and which is a charge or lien on the estate or interest described or
In case of a claim under this policy,the Company shall have the following referred to in Schedule A.and the amount so paid shall be deemed a payment
options'. under this policy to the insured owner.
(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 12. Payment of Loss.
with any costs,attorneys'fees and expenses incurred by the insured claimant, (a) No payment shall be made without producing this policy for endorsement of
which were authorized by the Company,up to the time of payment or tender of the payment unless the policy has been lost or destroyed,in which case proof of
payment and which the Company is obligated to pay. loss or destruction shall be furnished to the satisfaction of the Company.
Upon the exercise by the Company of this option,all liability and obligations to (b) When liability and the extent of loss or damage has been definitely fixed in
the insured under this policy,other than to make the payment required,shall accordance with these Conditions and Stipulations,the loss or damage shall be
terminate,including any liability or obligation to defend,prosecute,or continue payable within 30 days thereafter.
any litigation,and the policy shall be surrendered to the Company for
cancellation. 13. Subrogation upon Payment or Settlement.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With (a)The Company's Right of Subrogation.
the Insured Claimant. Whenever the Company shall have settled and paid a claim under this policy,all
(i) to pay or otherwise settle with other parties for or in the name of an insured right of subrogation shall vest in the Company unaffected by any act of the
claimant any claim insured against under this policy,together with any costs, insured claimant.
attorneys'fees and expenses incurred by the insured claimant which were The Company shall be subrogated to and be entitled to all rights and remedies
authorized by the Company up to the time of payment and which the Company is which the insured claimant would have had against any person or property in
obligated to pay;or respect to the claim had this policy not been issued.It requested by the
(ii) to pay or otherwise settle with the insured claimant the loss or damage Company,the insured claimant shall transfer to the Company all rights and
provided for under this policy,together with any costs,attorneys'fees and remedies against any person or property necessary in order to perfect this right
expenses incurred by the insured claimant which were authorized by the of subrogation.The insured claimant shall permit the Company to sue,
Company up to the time of payment and which the Company is obligated to pay. compromise or settle in the name of the insured claimant and to use the name of
Upon the exercise by the Company of either of the options provided for in the insured claimant in any transaction or litigation involving these rights or
paragraphs(b)(i)or(ii),the Company's obligations to the insured under this policy remedies.
for the claimed loss or damage,other than the payments required to be made, If a payment on account of a claim does not fully cover the lass of the insured
shall terminate,including any liability or obligation to defend,prosecute or claimant,the Company shall be subrogated to these rights and remedies in the
continue any litigation. proportion which the Company's payment bears to the whole amount of the loss.
It loss should result from any act of the insured claimant,as stated above,that
7. Determination.Extent of Liability and Coinsurance. act shall not void this policy,but the Company,in that event,shall be required to
This policy is a contract of indemnity against actual monetary loss or damage pay only that part of any losses insured against by this policy which shall exceed
sustained or incurred by the insured claimant who has suffered loss or damage the amount,if any,lost to the Company by reason of the impairment by the
by reason of matters insured against by this policy and only to the extent herein insured claimant of the Company's right of subrogation.
described. (b)The Company's Rights Against Non-insured Obligors.
(a) The liability of the Company under this policy shall not exceed the least of: The Company's right of subrogation against non-insured obligors shall exist and
(i) the Amount of Insurance stated in Schedule A;or, shall include,without limitation,the rights of the insured to indemnities,
(ii) the difference between the value of the insured estate or interest as insured guaranties,other policies of insurance or bonds,notwithstanding any terms or
and the value of the insured estate or interest subject to the defect,lien or conditions contained in those instruments which provide for subrogation rights
encumbrance insured against by this policy. by reason of this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the 14. Arbitration.
full consideration paid for the land,whichever is less,or it subsequent to the Unless prohibited by applicable taw,either the Company or the insured may
Date of Policy an improvement is erected on the land which increases the value demand arbitration pursuant to the Title Insurance Arbitration Rules of the
of the insured estate or interest by at least 20 percent over the Amount of American Arbitration Association.Arbitrable matters may include,but are not
Insurance stated in Schedule A,then this Policy is subject to the following'. limited to,any controversy or claim between the Company and the insured
(i) where no subsequent improvement has been made,as to any partial loss,the arising out of or relating to this policy,any service of the Company in connection
Company shall only pay the loss pro rata in the proportion that the amount of with its issuance or the breach of a policy provision or other obligation.All
insurance at Date of Policy bears to the total value of the insured estate or arbitrable matters when the Amount of Insurance is S1,000,000 or less shall be
interest at Date of Policy; arbitrated at the option of either the Company or the insured.All arbitrable
or matters when the Amount of Insurance is in excess of$1,000,000 shall be
(ii) where a subsequent improvement has been made,as to any partial loss,the arbitrated only when agreed to by both the Company and the insured.Arbitration
Company shall only pay the loss pro rata in the proportion that 120 percent of pursuant to this policy and under the Rules in effect on the date the demand for
the Amount of Insurance stated in Schedule A bears to the sum of the Amount arbitration is made or,at the option of the insured,the Rules in effect at Date of
of Insurance stated in Schedule A and the amount expended for the Policy shall be binding upon the parties.The award may include attorneys'fees
improvement. only if the laws of the state in which the land is located permit a court to award
The provisions of this paragraph shall not apply to costs,attorneys'fees and attorneys'fees to a prevailing party.Judgment upon the award rendered by the
expenses for which the Company is liable under this policy,and shall only apply Arbitrator(s)may be entered in any court having jurisdiction thereof.
to that portion of any loss which exceeds,in the aggregate, 10 percent of the The law of the situs of the land shall apply to an arbitration under the Title
Amount of Insurance stated in Insurance Arbitration Rules.
Schedule A. A copy of the Rules may be obtained from the Company upon request.
(c) The Company will pay only those costs,attorneys'fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations. 15. Liability Limited to this Policy;Policy Entire Contract.
(a) This policy together with all endorsements,if any,attached hereto by the
8. Apportionment. Company is the entire policy and contract between the insured and the
If the land described in Schedule[A][C]consists of two or more parcels which are Company.In interpreting any provision of this policy,this policy shall be
not used as a single site,and a loss is established affecting one or more of the construed as a whole.
parcels but not all,the loss shall be computed and settled on a pro rate basis as if (b) Any claim or loss or damage,whether or not based on negligence,and which
the amount of insurance under this policy was divided pro rata as to the value on arises out of the status of the title to the estate or interest covered hereby or by
Date of Policy of each separate parcel to the whole,exclusive of any any action asserting such claim,shall be restricted to this policy.
improvements made subsequent to Date of Policy,unless a liability or value has (c) No amendment of or endorsement to the policy can be made except by a
otherwise been agreed upon as to each parcel by the Company and the insured writing endorsed hereon or attached hereto signed by either the President,a
at the time of the issuance of this policy and shown by an express statement or Vice President,the Secretary,an Assistant Secretary,or validating officer or
by an endorsement attached to this policy. authorized signatory of the Company.
9. Limitation of Liability. 16. Severability.
(a) If the Company establishes the title,or removes the alleged defect,lien or In the event any provision of the policy is held invalid or unenforceable under
encumbrance,or cures the lack of a right of access to or from the land,or cures applicable law,the policy shall be deemed not to include that provision and all
the claim of unmarketability of title,all as insured,in a reasonably diligent other provisions shall remain in full force and effect.
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 17. Notices,where Sent.
and shall not be liable for any loss or damage caused thereby. All notices required to be given the Company and any statement in writing
(b) In the event of any litigation,including litigation by the Company or with the required to be furnished the Company shall include the number of this policy
Company's consent,the Company shall have no liability for loss or damage until and shall be addressed to the Company at 6 South Calvert Street Baltimore,
there has been a final determination by a court of competent jurisdiction,and Maryland 21202.
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.
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