-727 ~ Ann Street Proj-:7�ct: SSL 32 . 3
TITLE COMPANY Easement: T - 38
727 Deed Reference: B 450 , P354
KNOW ALL MEN BY THESE PRESENTS : That we (I) Paul R. and Carol
ISL Luckeroth, husband and wife
0
hereinafter termed grantor (s) , in consideration of the sum Of $ 52. 50
to be paid by CITY OF TIGARD, a municipal corporation of Oregon, herein-
after 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 ease-
ment, for the following uses and purposes :
1. Perpetual easement:
An unencumbered perpetual right-of-way and easement for the
purpose of constructing, reconstructing, 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 f4stG�a -%I-de,-when-mea--
_utit4izi--th&
A portion of that tract of land in Section 3, T2S, RlW, W.M. ,
Washington County, Oregon conveyed to Paul R. & Carol Luckeroth
as described in Book 450 Page 354 , Deed Records of said Washington
County, more particularly described as follows :
The Northerly 15 feet of said Luckeroth tract
2. Temporary easement:
Together with the temporary right of ingress , egress , and
regress , and use for sewer construction purposes, of additional
lands
lying parallel to, along the South side 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 struc-
tures 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. t
Page 1 ROOK 763 PAGE496
Easement
727
Should it be necessary to cut and remove any brush, trees , or other
matter or materials from the easement 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 .
Witness our hands and seals this I day of 'a.5
�� �EAL) (SEAL)
-(SEAL) (SEAL)
(SEAL) (SEAL)
For a consideration, the, 1-ior-L(Ici(1c lien 011 the above described
properties is hereby made subordinaLc to the easements above granted.
Dated this 22nd day of October 19 69
Director of Veterans' Affairs
Mortgagee
Assistant Director
Title
STATE OF OREGON
) ss.
County of
On this day of personally
appeared the above named 4
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission expires :
Page 2
Easement VOK rw 491 7
STATE OF OREGON
) ss. 727
County of Marion )
On this 22nd day of October 19 69 personally
appeared the above named Elmo M. Mills, Assistant Director
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Befor the: i
2, /
-° Notary Public for Oregon
My Commission expires : �/ .4� ,7�!�"I
4
�. 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
£3y: �.�
Mayo
City Recorder r
J;r
STATE OF OREGON )
) ss.
County of Washington )
On this 20th day of November 1969 , before me
appeared and Cr ,
both to me persona y nown who, being duly sworn, did gay that he, the
said Elvin C-_Ky]P is the Mayor, and he, the said Doris Hay
is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Elvin G. Kyleand Doris Hartiq
acknowledged the said instrument to be the free act and deed
of said municipal corporation,
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal , this the day and year in this--my cer.t1ficate first written.
Notary Public foF Oregon
My commission expires
Page 3 763 48
Easement
�1.
4 -147
5AV. LYNN S T
�4d{i
r.l.
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is
�Y.
T-38
PAUL R.4 CAROL LUCK ERC)TH
2S 1 3BA 123 4503/354
JOS LINEAL.j FT.
SCALE 1`•50� .
P-4$6.114
Filed fox xecasci..............f.(..-»... ......19.P. aty.3'�.F.M. Gy 5tOVOnS.ThOMPSOn $L MInyan.Iia.
ROGER THOMSSEN, D'xe or of Records & lection r3, EngineersJPkwws
PORTLAND.OREGON eKATTLE.WASHINGTON
BP...................... ...... .... . ._..........Deputy
• T4""'
C11 10,
425 S.W. Fourth Avenue/ Portland, Oregon
Phone 222-3651
POLICY OF aA
TITLE INSURANCE
Oregon
o` Standard Coverage Policy
No. 31601 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 ��_`RP`NCF 1111 TITLE INSURANCE COMPANY
r • •
/er _JGFtPOl�,4 , ��•p�/ President
Authorized Officer ~ •� Z Attest:
IL t
PAGE 1 OF POLICY �/ •• .— Secretary
REV.7-63 �!� ••*00.00••,•• J,
TI-21 +++'1j0). -PEGO*4 :
Ji
14W
SCHEDULE A
Amount $ 1,000.00 Date November 24, 1969 At 2 :39 P.M.
INSURED
---CITY OF TIGARD---
easement
The fee simple title to said kaj& is, at the date hereof, vested in
CITY OF TIGARD, a municipal corporation of Oregon.---
The land referred to in this policy is described as:
PERPETUAL EASEMENT:
A portion of that tract of land in Section 3, Township 2 South,
Range 1 West , Willamette Meridian, Washington County, Oregon,
conveyed to Paul R. and Carol Luckeroth as described in Book
450, Page 354, Deed Records of said Washington County, more parti-
cularly described as follows:
The Northerly 15 feet of said Luckeroth tract .
TEMPORARY EASEMENT:
Together with the temporary right of ingress, egress, and regress,
and use for sewer construction purposes, of additional lands lying
parallel to, along the South side and within 20 feet , when mea-
sured at right angles, of the above described perpetual easement
area.---
PAGE 2 OF POLICY N0. 316068
TI?R
r '
Oregon Land Title Association ,
Standard Coverage Policy
R 8-60
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.
c:eedings 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. 1969-70 taxes, $702.03, unpaid. (2S1 3BA 113 23-9)
6. Tigard City Liens, if any.
7. Conditions and Restrictions, in instrument executed by Albert
Christensen, et ux, dated December 1, 1959, recorded March 23, 1960,
in Deed Book 428, Page 553, reference to which is hereby made.
8. Easement to Electric and Telephone Companies for lines as
shown on plat .
9. Mortgage, including the terms and provisions thereof, given by
Paul R. Luckeroth and Carol L. Luckeroth, husband and wife, to
the State of Oregon, representedand acting by the Director of
Veterans Affairs pursuant to ORS 407.030, dated June 19, 1962,
recorded June 19, 1962, in Mortgage Book 445, Page 153, to secure
the payment of $13,500.00.
10. Easement , including the terms and provisions thereof, granted
to the City of Tigard, a municipal corporation of Oregon, dated
August 19, 1969, recorded November 24, 1969, in Book 763, Page
496, Washington County Records.---
Page 3 of Policy No. 316068
TI-30
+wr++ 11111111111111110"
DEPARTMENT OF
H: o VETERANS' AFFAIRS
' gg FARM AND HOME LOAN DIVISION
GENERAL SERVICES BLDG. • 1225 FERRY STREET S.E. • SALEM, OREGON • 97310
TOM McCALL
GOVERNOR October 23, 1969
ADVISORY COMMITTEE
JAMES BARRETT
ARCH L. BREWSTER
RONALD DICKEN
LEONARD A. FORSGREN
E. G JOHNSON
JACK C. PLATO Mr. Paul. P. ,Tvu _�c
ceroth
A. O. SODERHOLM 11885 a. Id. Ann Street
GEORGE E. THOMPSON Tigard, Oregon
H C. SArALFELD
Director
39'.60 - LUC EOICH, Paul ..
Enclosed is the approved utility easement requested. We are
;Tease to be of service to you.
E
Loan Officf�
rk
•
'�?�ee �� ce '��c
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. 316068
Tigard City Hall August 19, 1969
Tigard, Oregon 97223
Re: Luckeroth, et ux
Gentlemen:
We are prepared to issue title insurance policy covering:
Lot 13, LERON HEIGHTS, City of Tigard, Washincton County, Oregon,
showing title on August 11, 1969 at 5:00 P.M., vested in:
PAUL R. LUCKEROTH and CAROL L. LUCKEROTH
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, dated December 1, 1959, recorded March 23, 1960,
in Deed Book 428, Pacfe 553, reference to which is hereby made.
3 . Easement to Electric and Telephone Companies for lines as shown
on plat.
4. Mortgage, including the terms and Provisions thereof, given b-,
Paul R. Luckeroth and Carol L. Luckeroth, husband and wife, to
the State of Oregon, represented and acting by the Director of
Veterans Affairs pursuant to ORS 407.030, dated June 19, 1962,
recorded June 19, 1962, in Mortgage Book 445, Page 153, to secure
the Payment of $13, 500.00.
Note: 1968-69 taxes, $668.07, paid. (2S1 3BA 113 23-9)
TITLE INSURANCE COMPANY
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P-486. 114 June 23, 1969
Easement T-38
Paul R. & Carol Luckeroth
11885 S. W. Ann St.
Tigard, Oregon
Book 450 Page 354
2S 1 3 BA 113 105 lineal ft.
A PERMANENT EASEMENT
A portion of that tract of land in Section 3, TZS, RIW, W. M. , Washington
County, Oregon conveyed to Paul R. & Carol Luckeroth as described in
Book 450 Page 354, Deed Records of said Washington County, more par-
ticularly described as follows:
The Northerly 15 feet of said Luckeroth tract.
A TEMPORARY EASEMENT
The Northerly 35 feet of the aforementioned Luckeroth tract.
z
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SAV. LYN M ST.
I
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F
1
S. \V A NJ Ki s T
PAUL R.4 CAROL LUCKEROTH
ZS 1 38A 113 450/354-
105 LINEAL; FT.
SCALE 1`•50'
P-4$6.114
Stevens.Thompson 8z Runyan.Inc.
Engineers/Planners
PORTLAND.OREGON iEATITI.E.WASHINGTON
STANDARD CpV ERAGE POLICY
REV.4.63 CONDITIONS AND STIPULATIONS
(Includes those in the American Land Title Association-Owner's Policy—Standard Form B-1962)
1. DEFINITION OF TERMS 6. OPTION TO PAY,SETTLE OR COMPROMISE CLAIMS
The following terms when used in this policy mean: The Company shall have the option to pay or settle or compromise for or in
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-
pany 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.
2. BENEFITS AFTER ACQUISITION OF TITLE brance not excepted or excluded herein removes such defect, lien or encumbrance
If an insured owner of the indebtedness secured by a mortgage described in within a reasonable time after receipt of such notice, or (2) for liability voluntarily
Schedule B acquires said estate n interest, s art thereof, a foreclosure, assumed by the Insured in settling any claim or suit without written consent of the
q any P 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 to the satisfaction of the Company; provided, however, if the
This policy does not insure against loss or damage by reason of the Following:
owner of an indebtedness secured by a mortgage shown in Schedule B 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 Iand,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 g• 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 soaid 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, liens, 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 (I) 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.
ppolicy or 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.
r turred by the Company in prosecuting or providing for the defense of actions or
(g) "Consumer credit protection," `truth-in-lending," or similar law. proceedings, in behalf.of the Insured pursuant to the terms of this policy or to
4. DEFENSE AND PROSECUTION OF ACTIONS— costs imposed on the Insured in such actions or proceedings, and shall apply only
NOTICE OF CLAIM TO BE GIVEN BY THE INSURED to that portion of tosses 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 Iiquidated 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 Ioss if, at the time of
this oolicy or a sale of the estate or interest in said land; or (2) for such action as the occurance 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 good 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 c.aitn under this policy, all right
))ected 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 pro or.
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: -_-__.vf-.She_impairment of the right of subrogation. The Insured, if reouested by the
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