8922 ~ Ann Street TITLF
n Project Number: SSL 32. 5
�r Easement : T-34
i s Deed Reference: B 511, P 260
{aV KNOW ALL MEN BY THESE PRESENTS: That we (I)_.JACOB KOENIG. JR. ..-and_._JUANZTA._
KOENIG, husband and wife
hereinafter termed grantor(s), in consideration of the sum of $_-7-5.- --QD —._. __ _ to be paid by
CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell
and convey unto the 'CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together
` with a temporary right-of-way and easement to use an additional area hereinafter described and designated
temporary easement, for the following uses and purposes:
1. Perpetual easement:
An unencumbered perpetual right-of-way and easement for the purpose of constructing, recon-
structing, operating, maintaining, inspecting and repairing of an underground sewer line and
appurtenances, together with the right to remove,as necessary, vegetation, foliage, trees and other
obstructions within the easement area, but reserving to the grantors the title to the lands.
subject to the easement, and the right to make such use thereof, except to construct buildings.
as will not interfere with the uses and purposes of the easement; said easement area being _
4mt= r4exci=tdr, m stxig]st=sg1=;= ii3=wjk t=t:he
1Sw�lr��i�llf�s'
The Northerly 15 feet of that certain tract of land in
Section 3, T2S, R1W, W.M. , Washington County, Oregon conveyed
to Jacob Koenig, Jr. and Juanita Koenig as described in
Book 511, page 260, Deed Records of Washington County, Oregon.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress, and use for sewer construc-
So
tion purposes, of additional lands lying parallel to, � and within 20 --feet,
when measured at right angles, of the above described perpetual easement area, excepting and
reserving to grantors the unencumbered enjoyment, use and preservation of all structures
present upon the premises. This temporary easement shall terminate upon completion of the
sewer construction work, at which time, upon request of the owner, the City will issue a
written release thereof. p pp
BOOK 758 PAGE 816
8922
SPECIAL CONDITIONS
Notwithstanding any other provisions hereof, the City shall, by its
employees or through its contractor, exercise due care to minimize
damage to the described premises, shall replace all fences to the
pre-existing condition, shall replace all shrubs and other plants
displaced In connection with the work, and shall restore the land-
scaping to its pre-existing condition by leveling and seeding, with
the intent and purpose that to all reasonable degree the premises
shall be restored to the pre-existing condition.
Should it be necessary to cut and remove any brush, trees, or other matter or materials from the casement
area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the
City shall leave the easement area in a neat and workmanlike condition. The City agrees that in connection
with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer,
line, the City will leave the premises in a neat and workmanlike condition and as nearly in the pre-existing state
as practicable.
The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the
above described easements. _t
,/ -%Z-1 -7-
Witness our hands and seals this—, --day of
--(SEAL) • /
/Y "J (SEAL)
(SEAL) {SEAL)
-.----------(SEAL) AL)
For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the
easements above granted,
Dated this__.---day of---4r2 5_-7_01qZ:/Z
CIFIC FIRST FEDERAL SAVINGS A0 LOAN ASSN.
801 S. W. ETH AVENUE
"e4, OREGON
171*
.S-7— Wt,
Title
STATE OF OREGON,
County o ss.
On this-- of- personally appeared the above named
JACOB KOENIG. . JR. and JUANITA KOENIG
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public or Or4gon
My Commission expires:
_31
BOOK 758 PARV
P
T
STATE OF OREGON
) ss .
County of Multnomah On this 20th day of October 1969
before me appeared L. J. Welch
t=tk to me personally
known, who being d--ru y
- - sworn, c idhe said* say that he, tL. J. Welch
is the Asst. Vicfresident, xyaw1ximXxtk)ecxn&ij&x
:kzXUMX8XKX=t=VqCX Of Pacific First Federal Savings & Loan Assn
the within named Corporation, and that the seal affixed to said instrument is
the corporate seal of said Corporation, and thatthe said instrument was
signed and sealed in behalf of said Corporation by authority of its Board of
Directors, and L. J. Welch a"
acknowledged said instrument T6- be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my
hand and affixed my official seal the day
and year last above written.
NotaryPublic for Oregon.
My Commission expires 1-18-71
ACCEPTANCE
The City above named hereby accepts the foregoing grants and agrees
to comply with each and every term and condition thereof.
CITY OF -TIGARD
By:
Mayor r
By:
City Recordef 7"'
STATE OF OREGON
) ss.
County of Washington
On this 2nd -day of October 196 9 before me
appeared ' Elvin G. Kyle and Doris Hartig
both to me personally known who, being duly sworn, did say that he, the
said Elvin G. Kyle - is the Mayor, andshe, the said Doris
Harticr is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Elvin G. Lyle -and Doris Hartig
acknowledged the said instrument to be the free act and
deed of said municipal corporation.
IN TESTIMONY WHEREOF, I have hereunto set my and and ati i xed my-,
official seal , this the day and year in thi,-.1 jW cer
pt,ificate fist written.*%,:-.
Notary Public for Oregon
My Commission expires
Page 3 —A M
exted for LOCOrfl...
Easement BOOK 758 ?AsE 818 ROGER THOMSSEN, P Rec,.n38
RV..............._1......
-------------
S. YN NJ 5T
Li
I.
S, lV A �j M ST
T-34,
jAC005, JR, JUAA,?,.Ll-rAk. KOF-WIG.
.T 6
98 U�4LAL P-T*.
SCALE
Stevens.Thompson & Runyan.Inc.
Eng4rze,ers1Pia.,L---rs
F-ORTL-^NO. OREGON GILATTLIL WASHINOTON
Fred A. Anderson Keith Thompson
Koenig Easement Complaint Sept. 10, 1970
I talked with ',Ar. Koenig - he has no complaints at this time.
Apparently this action was asked for in May and Mr. Leaf is a
little slow.
WALLACE A. LEAF
ATTORNEY AT LAW
12450 5-W- FIRST STREET
BEAVERTON,ORFGON -.-ct7005
TELEPHON� 644-3174
September 3 , 1970
Mr. Fred A. Anderson
Attornev at Law
P. 0. Box 23006
Tigard, Oregon 97223
Dear Fred: Re : Koenig easement to City of Tigard
You will recall in October of 1969 we had conversations and
correspondence regarding the above matter.
My client now advises me that the sewer has been completed
and that he has hooked up to the sewer. He further advises
me that the requirements of the easement which were as follows :
1. Place ground in the original condition
including too soil and bark dust.
2 . Replace all trees and landscaping to
original condition or place new shrubs .
3. Replace the fence.
4 . Open up so, the water can drain off the property
properly.
have not been complied with.
I assumed that a bond was posted by the contractor to insure
compliance with the terms of the various easements and therefor
we would request that either the City look to the bond or require
the contractor to do the necessary to comply with the above
requirements.
Vert/ truly yours ,
Wallace A. Leaf
WAL: 11
. 4,W„v wriw
T4& '
425 S.W. Fourth Avenue/Portland, Oregon OCT
Phone 222-3651 CITY OF
TIGgRD
POLICY OF TITLE INSURANCE
Oregon Land Title Association
Standard Coverage Policy
No. 316072 Premium $25.00
TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of Oregon), here-
inafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date,
and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
the heirs, devisees, personal representatives of such Insured,or if a corporation, its successors by dissolution, merger
or consolidation, against direct loss or damage not exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipu-
lations hereof, which the Insured shall sustain by reason of:
1. Title to the land described in Schedule A being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. Any defect in, or lien or encumbrance on, said title existing at the date hereof, not
shown or referred to in Schedule B, or excluded from coverage in the Conditions and
Stipulations; or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B
securing an indebtedness,the owner of which is insured by this policy,but only insofar
as such defect affects the lien or charge of such mortgage or deed of trust upon said
land; or
5. Priority, at the date hereof over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule B such mortgage or deed
of trust being shown in the order of its priority.
all subject, however, to SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which
are hereby made a part of this policy.
In witness whereof, TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed and authenticated by the facsimile signatures of its President and Secretary, provided this policy is valid
only when countersigned by a duly authorized officer of the corporation.
Countersigned
'`�RAnjCF >tlll TITLE INSURANCE COMPANY
_� l
r • •
�4 ; �FtPON�, �•-a�/ President
00 .094D. F. y �
'Authorized Officer i Z j Attest: 5j
I i
PAGE 1 OF POLICY ��� '•••• •�.• Secretary
TI-21 +,11111 E O t% O
SCHEDULE A
Amount $1,000.00 Date October 6, 1969 At 10:35 A.M.
INSURED
----CITY OF TIGARD---
easement
The fee simple title to said 19"is, at the date hereof, vested in
CITY OF TIGARD, a municipal corporation.---
The land referred to in this policy is described as:
PERPETUAL EASEMENT:
Said easement area being the Northerly 15 feet of that certain
tract of land in Section 3, Township 2 South, Range 1 West ,
Washington County, Oregon, conveyed to Jacob Koenig, Jr. and
Juanita Koenig as described in Book 511, Page 260, Deed Records
of Washington County, Oregon.
TEMPORARY EASEMENT :
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes, of additional lands lying
parallel to, South of and within 20 feet, when measured at right
angles, of the above describedperpetual easement area.---
PAGE 2 OF POLICY NO.316072
T1?A
Ocegon Land Title Association
r Standard Coverage Policy vim+
R e•ao
SCHEDULE B
This policy does not insure against loss by reason of the matters shown or referred to in this
Schedule except to the extent that the owner of any mortgage or deed of trust is expressly
insured in Paragraphs numbered 4 and 5 on page 1 of this policy.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records; pending pro.
ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance
or order therefor.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records;
unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
facts which a correct survey would disclose.
5. Tigard City Liens, if any.
6. Conditions and restrictions, in instrument executed by Albert
Christensen et ux, recorded March 23, 1960, in Deed Book 428, Page
553, reference to which is hereby made.
7. Easement to electric and telephone companies for lines, as
shown on the plat.
8. Mortgage, including the terms and provisions thereof, given
by Robert B. Iwema and Frances M. Iwema, husband and wife, to
Pacific First Federal Savings and Loan Association, a Federal
corporation, dated November 17, 1961, recorded November 27, 1961,
in Mortgage Book 430, Page 248, to secure the payment of $19,800.00.
9. Easement, including the terms and provisions thereof, granted
to City of Tigard, dated October 1, 1969, recorded October 6, 1969,
in Book 758, Page 816, Washington County Records. ----
Page3 of Policy No. 316072
Tl-3n
•
title insurance 12012 S.W. Canyon Road Beaverton, Oregon 97005
escrows Phone 646-8181 HEAD OFFICE
425 S.W. FOURTH AVENUE
PHONE 222-3651
City of Tigard Order No. 316072
Department of Public Works August 19, 1969
Tigard City Hall
Tigard, Oregon
Re: Jacob Koenig, Jr. et ux
Account #2-32.4-290
Gentlemen:
We are prepared to issue title insurance policy covering:
Lot 17, LERON HEIGHTS, in the City of Tigard, Washington County,
Oregon;
showing title on August 13, 1969 at 5:00 P.M., vested in:
JACOB KOENIG, JR. and JMNITA KOENIG,
an estate in fee simple
as tenants by the entirety;
subject to the usual printed exceptions, and
1. Tigard City Liens, if any.
2. Conditions and restrictions in instrument executed by Albert
Christensen et ux, recorded March 23, 1960, in Deed Book 428, page
553, reference to which is hereby made.
3. Easement to electric and telephone companies for lines, as
shown on the plat.
4. Mortgage, including the terms and provisions thereof, given
by Robert B. Iwema and Frances M. Iwema, husband and wife, to
Pacific First Federal Sav ings and Loan Association, a Federal
corporation, dated November 17, 1961, recorded November 27, 1961,
in Mortgage Book 430, page 248, to secure payment of $19,800.00.
Note: 1968-69 taxes, $587.14 paid. (251 3BA 117 23-9)
TITLE INSURANCE COMPANY
Washington Count Branch
.TP/1 James A. Parker
, r 124
129
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P-486. 114 ,,Mow June 23, 1969
Easement T-34
Jacob Jr. & Juanita Koenig
11645 S. W. Ann St.
Tigard, Oregon
Book 511 Page 260
2S 1 3BA 117 98 lineal ft.
A PERMANENT EASEMENT
A portion of that tract of land in Section 3, TZS, RlW, W. M. , Washington
County, Oregon conveyed to Jacob Jr. & Juanita Koenig as described in
Book 511 Page 260, Deed Records of said Washington County, more par-
ticularly described as follows:
The Northerly 15 feet of said Koenig tract.
A TEMPORARY EASEMENT
The Northerly 35 feet of the aforementioned Koenig tract.
A
S. V. LYN N 5T
fit
0-01
Afi .y
� A
FS
I
S. ANS ST
T-3d
JAC05 JR. JUAMITA. KOEMIG
ZS 1 38A ll7 51vz(.0
98 LINEAL FT.
/1000��
SCALE 1"850'
p-486.{14
Stevens.Thompson & Runyan,Inc.
Engineers/Planners
PORTLAND.OREGON SEATTLE.WASHINGTON
$1MNDAItD COVERAGE POLICY
REV.4.63 CISYqDITIONS AND STIPULAT*NS
(Includes those in the American Land Title Association-Owner's Policy—Standard Form B-1962)
I. DEFINITION OF TERMS 6. OPTION TO PAY,SETTLE OR COMPROMISE CLAIMS
The Company shall have the option to pay or settle or compromise for or in
The following terms when used in this policy mean:
the name of the Insured any claim insured against or to pay the full amount of this
(a) "land": the land described, specifically or by reference, in Schedule A and policy,or, in case loss is claimed under this policy by the owner of the indebtedness
improvements affixed thereto which by law constitute real property; secured by a mortgage covered by this policy, the Company shall have the option
(b) "public records": those records which impart constructive notice of matters to purchase said indebtedness; such purchase, payment or tender of payment of the
relating to said land; full amount of this policy, together with all costs,attorney's fees and expenses which
(c) "knowledge": actual knowledge, not constructive knowledge or notice which the Company is obligated hereunder to pay, shall terminate all liability of the Com-
may be imputed to the Insured by reason of any public records; party hereunder. In the event, after notice of claim has been given to the Company
by the Insured, the Company offers to purchase said indebtedness, the owner of
(d) "date": the effective date; such indebtedness shall transfer and assign said indebtedness and the mortgage
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instru- securing the same to the Company upon payment of the purchase price.
ment; and 7. PAYMENT OF LOSS
(f)
"insured": the party or parties named as Insured, and if the owner of the (a) The liability of the Company under this policy shall in no case exceed, in
indebtedness secured by a mortgage shown in Schedule B is named as an Insured all, the actual loss of the Insured and costs and attorney's fees which the Company
in Schedule A,the Insured shall include (1) each successor in interest in ownership may be obligated hereunder to pay.
of such indebtedness, (2) any such owner who acquires the estate or interest referred (b) The Company will pay, in addition to any loss insured against by this
to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction policy, all costs imposed upon the Insured in litigation carried on by the Company
of said indebtedness, and (3) any federal agency or instrumentality which is an for the Insured, and all costs and attorney's fees in litigation carried on by the
insurer or guarantor under an insurance contract or guaranty insuring or guarantee- Insured with the written authorization of the Company.
ing said indebtedness, or any part thereof, whether named as an Insured herein or (c) No claim for damages shall arise or be maintainable under this policy (1)
not, subject otherwise to the provisions hereof. if the Company, after having received notice of an alleged defect, lien or encum-
brance not excepted or excluded herein removes such defect, lien or encumbrance
IF an insured owner of the indebtedness secured b a mortgage described in within a reasonable time after receipt of such notice, or (2) for (Lability voluntarily
Yassumed by the Insured in settling any claim or suit without written consent of the
Schedule B acquires said estate or interest, or any part thereof, by foreclosure, Company, or (3) in the event the title is rejected as unmarketable because of a
trustee's sale, or other legal manner in satisfaction of said indebtedness, or any defect, lien or encumbrance not excepted or excluded in this policy, until there has
part thereof, or if a federal agency or instrumentality acquires said estate or interest, been a final determination by a court of competent jurisdiction sustaining such
or any part thereof, as a consequence of an insurance contract or guaranty insuring rejection.
or guaranteeing the indebtedness secured by a mortgage covered by this policy, or (d) All payments under this policy, except payments made for costs, attorneys'
any part thereof, this policy shall continue in force in favor of such Insured,agency fees and expenses, shall reduce the amount of the insurance pro tanto and no pay-
or instrumentality, subject to all of the conditions and stipulations hereof. ment shall be made without producing this policy for endorsement of such payment
3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY unless the policy be lost or destroyed in which case proof of such loss or destruction
shall be furnished
'This policy does not insure against loss or damage by reason of the following: owner of an indebtedness
m the satisfaction of the Company; provided, however, the
dness secured by a mortgage shown Schedule 8 is an In-
a) Any law, ordinance or governmental regulation (including but not limited sured herein then such payments shall not reduce pro tanto the amount of the
to building and zoning ordinances) restricting or regulating or prohibiting the insurance afforded hereunder as to such Insured, except to the extent that such
occupancy, use or enjoyment of the land, or regulating the character, dimensions, payments reduce the amount of the indebtedness secured by such mortgage. Pay-
or location of any improvement now or hereafter erected on said land, or prohibiting ment in full by any person or voluntary satisfaction or release by the Insured of a
a separation in ownership or a reduction in the dimensions or area of any lot or mortgage covered by this policy shall terminate all liability of the Company to the
parcel of land. insured owner of the indebtedness secured by such mortgage, except as provided in
(b) Governmental rights of police power or eminent domain unless notice of paragraph 2 hereof.
the exercise of such rights appears in the public records at the date hereof, (e) When liability has been definitely fixed in accordance with the conditions of
(c) Title to any property beyond the lines of the land expressly described in this policy the loss or damage shall be payable within thirty days thereafter.
Schedule A, or title to streets, roads, avenues, lanes, way or waterways on which 8. LIABILITY NONCUMULATIVE
such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other It is expressly understood that the amount of this policy is reduced by any
structure or improvement; or any rights or easements therein unless this policy amount the Company may pay under any policy insuring the validity or priority of
specifically provides that such property, rights or easements are insured, except that any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter
if the land abuts upon one or more physically open streets or highways this policy executed by the Insured which is a charge or lien on the estate or interest described
insures the ordinary rights of abutting owners for access to one of such streets or or referred to in Schedule A,and the amount so paid shall be deemed a payment to
highways, unless otherwise excepted or excluded herein. the Insured under this policy. The provisions of this paragraph numbered 8 shall
(d) Defects, Bens, encumbrances, adverse claims against the title as insured or not apply to an Insured owner of an indebtedness secured by a mortgage shown
other matters (1) created, suffered, assumed or agreed to by the Insured claiming in Schedule B unless such Insured acquires title to said estate or interest in satis-
loss or damage; or (2) known to the Insured Claimant either at the date of this faction of said indebtedness or any part thereof.
Eor at the date such Insured Claimant acquired an estate or interest insured 9. COINSURANCE AND APPORTIONMENT
by this policy and not shown by the public records, unless disclosure thereof in (a) In the event that a partial loss occurs after the Insured makes an improve-
writing by the Insured shall have been made to the Company prior to the date of ment subsequent to the date of this policy, and only in that event, the Insured
this policy; or '3) resulting in no loss to the Insured Claimant; or (4) attaching becomes a coinsurer to the extent hereinafter set forth.
or created subsequent to the date hereof. If the cost of the improvement exceeds twenty per centum of the amount of this
(e) Loss or damage which would not have been sustained if the Insured were policy, such proportion only of any partial loss established shall be borne by the
a purchaser or encumbrancer for value without knowledge. Company as one hundred twenty per centum of the amount of this policy bears
to the sum of the amount of this policy and the amount expended for the improve-
(f) Usury or claims of usury. ment, The foregoing provisions shall not apply to costs and attorneys' fees in-
(g) "Consumer credit protection," "truth-in-lending," or similar law. curred by the Company in prosecuting or providing for the defense of actions or
proceedings, in behalf.of the Insured pursuant to the terms of this policy or to
D PROSECUTION OF ACTIONS— costs imposed on the Insured in such actions or proceedings, and shall apply only
4. DEFENSE AN
NOTICE OF D PR TO BE GIVEN C THE INSURED to that portion of losses which exceed in the aggregate ten per cent of the face of
the policy.
(a) The Company, at its own cost and without undue delay shall provide (1) Provided, however, that the foregoing coinsurance provisions shall not apply
for the defense of the Insured in all litigation consisting of actions or proceedings to any loss arising out of a lien or encumbrance for a liquidated amount which
commenced against the Insured, or defenses, restraining orders, or injunctions inter- existed on the date of this policy and was not shown in Schedule B; and provided
posed against a foreclosure or sale of the mortgage and indebtedness covered by further, such coinsurance provisions shall not apply to any loss if, at the time of
this utility or a sale of the estate or interest in said land; or (2) for such action as the orcurance of such loss, the then value of the premises, as so improved, does
may be appropriate to establish the title of the estate or interest or the lien of the not exceed one hundred twenty per centum of the amount of this policy,
mortgage as insured, which litigation or action in any of such events is founded (b) If the land described or referred to in Schedule A is divisible into separate
upon an alleged defect, lien or encumbrance insured against by this policy, and may and noncontiguous parcels, or if contiguous and such parcels are not used as one
pursue any litigation to final determination in the court of last resort. single site, and a loss is established affecting one or more of said parcels but not
(b) In case any such action or proceeding shall be begun, or defense inter- all,the loss shall be computed and settled on a pro rata basis as if the face amount
posed, or in case knowledge shall come to the Insured of any claim of title or of this policy was divided pro rata as to the value on the date of this policy of each
interest which is adverse to the title of the estate or interest or lien of the mortgage separate independent parcel to the whole, exclusive of any improvements made
as insured, or which might cause loss or damage for which the Company shall or subsequent to the date of this policy, unless a liability or value has otherwise been
may be liable by virtue of this policy, or if the Insured shall in good faith con- agreed upon as to each such parcel by the Company and the Insured at the time of
tract to sell the indebtedness secured by a mortgage covered by this policy, or, if the issuance of this policy and shown by an express statement herein or by an
an Insured in ood faith leases or contracts to sell, lease or mortgage the same, or endorsement attached hereto.
if the successful bidder at a foreclosure sale under a mortgage covered by this policy 10. SUBROGATION UPON PAYMENT OR SETTLEMENT
refuses to purchase and in any such event the title to said estate or interest-is re- Whenever the Company shall have settled a claim under this policy, all right
jetted as unmarketable, the Insured shall notify the Company thereof in writing. of subrogation shall vest in the Company unaffected by any act of the Insured,
If such notice shall not be given to the Company within ten days of the receipt of and it shall be subrogated to and be entitled to all rights and remedies which the
process or pleadings or if the Insured shall not, in writing, promptly notify the Insured would have had against any person or property in respect to such claim
Company of any defect, lien or encumbrance insured against which shall come to had this policy not been issued. If the payment does not cover the loss of the In-
the knowledge of the Insured,or if the Insured shall not in writing, promptly notify sured, the Company shall be subrogated to such rights and remedies in the propor-
the Company of any such rejection by reason of claimed unmarketability of title,then tion which said payment bears to the amount of said loss. If loss should result from
all liability of the Company in regard to the subject matter of such action, pro- any act of the Insured, such act shall not void this policy, but the Company, in
reeding or matter shall cease and terminate; provided,however, that failure to notify that event, shall be required to pay only that part of any losses insured against
shall in no case prejudice the claim of any Insured unless the Company shall be hereunder which shall exceed the amount, if any; lost to the Company by reason
actually prejudiced by such failure and then only to the extent of such prejudice. of the impairment of the right of subrogation. The Insured, if requested by the
(c) The Company shall have the right at its own cost to institute and prosecute Company, shall transfer to the Company all rgihts and remedies against any person
any action or proceeding or do any other act which in its opinion may be necessary or property necessary in order to perfect such right of subrogation, and shall permit
or desirable to establish the title of the estate or interest or the lien of the mortgage the Company to use the name of the Insured in any transaction or litigation involving
as insured; and the Company may take any appropriate action under the terms of such rights or remedies.
this policy whether or not it shall be liable thereunder and shall not thereby concede If the Insured is the owner of the indebtedness secured by a mortgage covered
liability or waive any provision of this policy. by this policy, such Insured may release or substitute the personal liability of any
(d) In all cases where this policy permits or requires the Company to prosecute debtor or guarantor, or extend or otherwise modify the terms of payment, or release
or provide for the defense of any action or proceeding, the Insured shall secure to a portion of the estate or interest from the lien of the mortgage, or release any
it the right to so prosecute or provide defense in such action or proceeding, and collateral security for the indebtedness, provided such act does not result in any
a4 appeals therein, and permit it to use, at its option, the name of the Insured for loss of priority of the lien of the mortgage.
such purpose. Whenever requested by the Company the Insured shall give the 11. POLICY ENTIRE CONTRACT
Company all reasonable aid in any such action or proceeding, in effecting settle- Any action or actions or rights of action that the Insured may have or may bring
ment, securing evidence, obtaining witnesses, or prosecuting or defending such against the Company arising out of the status of the lien of the mortgage covered
action or proceeding,and the Company shall reimburse the Insured for any expense by this policy or the title of the estate or interest insured herein must be based on
so incurred. the provisions of this policy.
S. NOTICE OF LOSS—LIMITATION OF ACTION No provision or condition of this policy can be waived or changed except by
writing endorsed hereon or attached hereto signed by the President,a Vice-President,
In addition to the notices required under paragraph 4(b),a statement in writing the Secretary, and Assistant Secretary or other validating officer of the Company.
of any loss or damage for which it is claimed the Company is liable under this 12. NOTICES, WHERE SENT
policy shall be furnished to the Company within sixty days after such loss or damage All notices required to be given the Company and any statement in writing
shalt have been determined and no right of action shall accrue to the Insured under required to be furnished the Company shall be addressed to it at the office which
this polity until thirty days after such statement shall have been furnished, and no issued this policy.
recovery shall be had by the Insured under this policy unless action shall be com-
menced thereon within five years after expiration of said thirty day period. Failure
to furnish such statement of loss or damage,or to commence such action within the
time hereinbefore specified, shall be a conclusive bar against maintenance by the
Insured of any action under this policy,
TI 12