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11213 ~ Bull Mountain Road ci w t Cr �� r' Ot ?'9? 4,0 RELEASE AND WAIVER I (we) hereby agree that all damages incurred from construction done on my (our) property at TAx dor ilk , 36,00 //AP 7sIlaA have been repaired to my (our) satisfaction and that my (our) signature (s) release the City of Tigard and/or contractor from further responsibility, except for the conditions listed below. It is also my (our) understanding that any damages which show up within one (1) year of this date, which were caused by sewer construction done on the above listed property, will be repaired at the contractor' s expense, including, but not limited to, loss of shrubs or trees which were disturbed by the contractors Other conditions: FT Witness �� 672 Signed �/'� :;�r,. 77 --Th Signed /l /,�/�. .-= Date /0x/?- Contractor . •, \ISIV STS 32.4 11213 Project: - N• Easement : ,\\C'IN Deed Reference: B 483, P 250 I ' 0 KNOW ALL MEN BY THESE COUENTS : That we (I) Christ the Kinq c\o ' . 5* U-1 Lutheran Church hereinafter termed grantor (s) , in consideration of the sum of $ 82. 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 ana purposes of the easement; said easement area being -fset--cyrr-ertrtftr-s-ide, -whert-me-a- -fmm'eaa—eetr-2*Ttrt—arrthrlrr-o-foWi.]ftv—deet1 -aritrt.riffr-limEhm,r.h1g—d-trafETrategiElmel A portion of that tract of land in Section 10, T2S , R1W, W.M. , Washington County, Oregon conveyed to Christ the King Lutheran Church as described in Book 483, Page 250 , Deed Records of said Washington County, being 15 feet wide, 7.5 feet either side of a centerline which traverses the premises as follows : Beginning at a point on the Northline of the tract, said point being 320 feet, more or less , Easterly of the Northwest corner of said Christ the King Lutheran Church tract, thence; S 00 31 ' 15" E, a distance of 163 feet, more of less , to a point on the South line of the tract, said point being approximately 328 feet Easterly of the Southwest corner of said Christ the King Lutheran Church 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 side and within 17 .5 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. 3. It is mutually agreed by both parties that in consideration of the easement that access and egress will be maintained to the parking lot at all times and that no construction will be permitted on the week-end (Saturday and Sunday) . Foot( 1131 pA7 145 • 11213 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 .ands and seals this ..,./ day of c ,I- , l97 „2,4„ -k- _,_,J. -.-:pQ(SEAL) _01290,^t-Q -.Z , ,•.r-- (SEAL) I Dr. Don.. . Houser Asst. V' e '�'rej dent. ,t ,,..r "• ... �;.�.,r (SEAL,) 4 ,.1�EAL) (// +. Robe urasa Assistan ,.SecrPtar^a (SEAL) f„7.... -- (SEAL) For a consideration, the mortcoge lien on the above described properties is hereby made subordinate Lo the easements above granted. Dated this 7th day of October , 19 69 . LUTHERAN , TUAL SURANCE CI 'ANY u.t tgagee By ' 4 — Paul A. Meyers, - r:ncial Vice President ---- d N. Baumgartner, T surer STATE OF gazug ILLINOIS ) ) ss . County of COOK ) On this 27th day of October , 19 69 , personally appeared the above named Donald L. Houser and Robert Kraga, Assistant Viae Prepirient and Assistant Secretary respectively of the Board of American Missionsof the Luthcxmn Church in America and acknowledged the foregoing instrument to be their voluntary act and deed. Before me: • V , ,/ w iota ; Public r MOM ILLINOIS My Commission expires : Mp Commission£xpirL-n'-. (1 1871 Page 2 Easement WK nyat.)tfr j . , `wr✓ STATE .OF OREGON ) 11213 ) ss . County of LC���C � ) On this day of /ice,/ ,19 Cc/ before me appeared •�,.t5 ‘1 and /2. 44/2,'./.4 both to me persona;ly known, who being duly sworn, diasay that he, the said 1 •- .�Qyt < _ ,�,�„� is the President, and he, the said i/ea.,/ is the Secretary of -42=(27-4- the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument,:was signed and sealed in behalf of said Corporation by authority of its Board of Directors , and r : �..r c and 1.Jr_..<<� acknowledged said instrument to be the free act and deed of said cotperration:: IN TESTI'IONY WHEREOF, I have hereunto Set my E, hand and affixed my official sr ^l the day' �,; and year last above written. <- f i Notary Public for Oregon. My Commission expires /Y/, ;.. 797/ STATE OF IOWA) SS: BREMER COUNTY) On this 7th day of October, A. D. 1969, before me, Joyce A. Litterer, a Notary Public in and for Bremer County, Iowa, personally appeared Paul A. Meyers and N. Baumgartner to me personally known, who being by me duly sworn did say that they are respectively the Financial Vice President and Treasurer of said corporation, that the seal affixed to said instrument is the seal of said corporation, and that the instrument was signed and sealed in behalf of the said corporation by authority of its Board of Directors, and the said Paul A. Meyers as such Financial Vice President and the said N. Baumgartner as such Treasurer acknowledge the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. ar c ub7 y ic c4ran for remer County, Iowa. Joyce A. Litterer My commission.,expires July 4, 1972. official seal , this the day and year in hi er ' - cate first varitten,`' Notary Public fot Oregon 1 My Commission expires Page 3 Easement Ef K 761 ° t,F 868 i `• 11213 f 1 3t i l .. 1 I I I i s\Jam_ i j . 1i t i e 1 E i I I / (_,-,, Z. 1 1 - — ( / u / t J I i I - U� ,, i M. re:ZR ANS_;: . F+'.:._,.."o11't' _ J 1 YC :-tPO vL 1r: i — _ 1 i C '-:-.4 '-t--.'-'-',.,% 1. _ -- \ ..,. i t{ i , is C;-ii-<?J -I-I-17 KI \t-> LUT 1-1-a- :; \: C1- :,fir: , !ii 23 I i:J i 3aCC) I { COCJ . = ma s✓ �;r••••;.? -CAL h • „ - POO BOOK 76 . PtA"g Si)g 1 .. Eil.d h.sAgvtci,. �(�(.{F.,,. is.l�.aWp..=='r" ROGER THOMSSEN, of peoords & E1eCtione 8 .........1)etrutd -'f _ v ''2 o ter_ .;rte>::,Tr_c. 3 v..... r:j IY`t J PORTLAND OR C.ON SEAT � L .WASHINGTON I wr 1 6 r l 11213 STATE OF OREGON n 6 u County of Washington s$V �� I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records No. 7'IJ of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & E fictions Deputy Nol 5 2 l©Fti ' • • T / I TUe• e� • 425 S.W. Fourth Avenue/ Portland, Oregon Phone 222-3651 POLICY OF TITLE INSURANCE Oregon Land Title Association Standard Coverage Policy No. 316052 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 stared 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. XXXXXXXXXX Countersigned y`RANCF X1)11 TITLE INSURANCE COMPANY o .• •• 0 Po B3,:t.alft <(/ Ofze°It4 .-p / President Authorized Officer ~ .%.• S • Z Attest: e:,:c:?;;A‘ • •PAGE 1 OF POLICY j •••• •: Secretary REV.7-63 d 'l� •.•••'•. TI-21 11111`1\\\0 `'` SCHEDULE A Amount $1,000.00 Date 'november 5, 1969 At 2 :10 P.M. INSURED ---CITY OF TIGARD--- easement The fee simple title to saidixtrod 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 a portion of that tract of land in Section 10, Township 2 South, Range 1 West , Willamette Meridian, Washington County, Oregon conveyed to Christ the King Lutheran Church as described in Book 483, Page 250, Deed Records of said Washington County, being 15 feet wide, 7.5 feet either side of a centerline which traverses the premises as follows: Beginning at a point on the North line of the tract, said point being320 feet , more or less, Easterly of the Northwest corner of said Christ the King Lutheran Church tract ; thence South 0°31' 15" East, a distance of 163 feet, more or less, to a point on the South line of the tract, said point being approximately 328 feet Easterly of the Southwest corner of said Christ the King Lutheran Church tract. TEMPORARY EASEMENT: Together with the temporary right of ingress, egerss and regress, and use for sewer construction purposes, of additional lands lying parallel to, along the side and within 17.5 feet , when measured at right angles, of the above described perpetual easement area,--- PAGE 2 OF POLICY NO. 316052 TI 28 Oregon Land Title Association Standard Coverage Policy Re-e0 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. Rights of the public in and to that part of the herein des- cribed premises lying within the boundaries of roads and highways. 7. Limitation of access to and from West Side Pacific Highway, as imposed by deed recorded May 10, 1952, in Book 332, Page 389. 8. Mortgage, including the terms and provisions thereof, given by Christ the King Lutheran Church, Tigard, Oregon, an Oregon cor- poration, to Board of American Missions of the Lutheran Church in America, a Minnesota corporation, dated April 25, 1966, recorded April 29, 1966, in Book 598, Page 471, Washington County Records, to secure the payment of $52,600.00. (AFFECTS OTHER PROPERTY ALSO. ) 9. Mortgage, including the terms and provisions thereof, given by Christ the King Lutheran Church, Tigard, Oregon, an Oregon cor- poration, to Lutheran Mutual Life Insurance Company, an Iowa cor- poration, dated June 16, 1966, recorded July 1, 1966, in Book 606, Page 474, Washington County Records, to secure the payment of $30,000.00. (AFFECTS OTHER PROPERTY ALSO. ) 10. Easement, including the terms and provisions thereof, granted to City of Tigard, dated August 21, 1969, recorded November 5, 1969, in Book 761, Page 865, Washington County Records.--- Page 3 of Policy No. 316052 TI-30 • STANDARD COVERAGE POLICY REV.4-63 CO (TIONS AND STIPULATIOWS (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 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 co thereto which brd law constitute consl tructive t vreynotice of matters tocured by a mortgage covered by this purccha a said indebtedness; such purchase,y, the Company payment or tenders of payment of option the (b) "public records": those records which imps full amount of this policy, together with all costs,attorney's fees and expenses which relating to said land; the Company is obligated hereunder to pay, shall terminate all liability he of the Com- . (c) "knowledge"- actual knowledge, not constructive knowledge or notice which pany hereunder. In the event, after notice of claim has been given to the ow paof may be imputed to the Insured by reason of any public records; by the Insured, the Company offers to purchase said indebtedness, (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- s cPAYMENT e same to LOSSthe ompany upon payment of the purchase price. ment; 7. F and (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 all, the actual loss of the Insured and costs and attorney's fees which the Company indebtedness A, theheed sbyu a mortgagel ishown in eSach oB is named t n Insuredownership may be obligated hereunder to pay. inf Schedule indebtedness,Insured shall include (1) each es theer in interest in r (b) The Company will pay, in addition to any loss insured against by this to insucl policyb (2)eany such, trustee's ownerwho or acquires estatelmanneror interest resatisfactiontion policy, all costs imposed upon the Insured in litigation carried on by the Company of this bte by foreclosure,any sale,agency other legainstrumentalityl in whichs for the Insured, and all costs and attorney's fees in litigation carried on by the insurer said indebtedness,guarantorors, and (3) federale r guarantyr insuring is an Insured with the written authorization of the Company. or indebtedness,under any insurance contract, whether named reoguarantee-einor (c) No claim for damages shall arise or be maintainable under this policy (I) nog saidctrwior part provisionssoh eofther named as an Insured herein or if the Company, after having received notice of an alleged defect, lien or encum- not, subject otherwise to the hereof. brance not excepted or excluded herein removes such defect, lien or encumbrance 2. BENEFITS AFTER ACQUISITION OF TITLE within a reasonable time after receipt of such notice, or (2) for liability voluntarily If an insured owner of the indebtedness secured by a mortgage described in assumed 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 defect, lien or encumbrance not excepted or excluded in this policy, until there has trus part thereof,'s sale, orf other legall agencycor in instrumentalityeon cosaid indebtedness,, ort any been a final determination by a court of competent jurisdiction sustaining such part or if a federal or acquires said estate or interest, 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 uc 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY unless the policy be lost or destroyed in which case proof o`succhedloss orhowedee[tr f tike on shall be furnished to the satisfaction of the Company; p o vidThis 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 osuch f the occupancy, the insurance building usand e orz enjoymentjypoofd the land rtortn egulatingutheng or ccharacter, dim nsions, payments reduceethe sreunder as to such ame nt of the indebe dness secured by, except to the ch extent Pay- or loction ar separation finrjow ownership orrs a now or reductionheinreafter theerected dimensions a odr land, of any prohibiting or mortgageE cohered by person this policy shallvoluntary terminatec all liability release of he the Company Insured to the insured owner of the indebtedness secured by such mortgage, except as provided in parcel( land. paragraph 2 hereof. (xe Governmental of police powerpublor eminent domain unlessernotice of (e) When liability has been definitely fixed in accordance with the conditions of the exercise of such rights appears in the public records at the date hereof. this policy the loss or damage shall be payable within thirty days thereafter. (c) Title to any property beyond the lines of the land expressly described in g. LIABILITY NONCUMULATIVE Schedule A, or title to streets, roads, avenues, lanes, way or waterways on which structua ed o r itmprovemen; ro anyj rightshorQ1easementst thereinunnels, -unlessrte sy policy amournt expressly Companynmayt pay underr any policy insurisng theis jcvalidity reducedorany amps opriorityof mhe gage shown or o in eof or any e hereafter ispecifally f thejcland abuts up nasosuhnec orpropey, rights or easments are insured, excet that any moressphysically open estreets or highways thisp ppolicy executed-by the Insuredwhichass a charge or Schedule onrthe estate or jnterest described insures the ordinary rights of abutting owners for access to one of such streets or theor r Insuredo in Scheduleer ee pA, and T the provisionsmut so of paid dis shall be numberedd apayment shallo highways, unless otherwise excepted excluded hereag not apply to an Insured owner of an indebtedness secured by a mortgage shown (d) Defects, liens, encumbrances, adverse claims against the title as insured or in Schedule B unless such Insured acquires title to said estate or interest in satis- lossothedamage;a (1) created, suffered, assumed or Claimant to by the Insured claimingotis faction of said indebtedness or any part thereof. loss or orat ora (2)such Insurednto the Insured either at the date of this policy l the date h by public acquired an estate orcl interestrinsuredofi9. COINSURANCE te event AND at a APPORTIONMENT tloss-occurs the Insured makes an y this the and not shown the drecords, unless priors oe thereof in 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 ofll the amount of this (e) Loss or damage which would not have been sustained if the Insured were policy,osuch y one huonredproportion lywoofnnye y partial loss ofestablished am ontsol this policy beare a purchaser or encumbrancer for value without knowledge. Cto 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• cursed 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 costs imposed on the Insured in such actions or proceedings, and shall apply only 4. DEFENSE AND PROSECUTION OF ACTIONS — to that portion of losses which exceed in the aggregate ten per cent of the face of NOTICE OF CLAIM TO BE GIVEN BY THE INSURED the poovided, however, that the foregoing coinsurance provisions shall not apply (a) The se of theny, nits own costlland without undue delay shallo provide proceedings(1to any loss arising out of a lien or encumbrance for a liquidated amount which for the commenced againsta of Insured in all defenses, restraining consistingof actions, ori or nner- existed on the date of this policy and was not shown in Schedule B; and provided co sed against the Insured,orsalel of rhes, oorders, tinjunctions c covered inter- further, such coinsurance provisions shall not apply to any loss if, at the time of posed ya sale foreclosurehestate interest es mortsaidgage l and indebtedness by the occurance of such loss, the then value of the premises, as so improved, does maythar be appropriate or a to establishke the ofin t land; or (2) for thser lien action as not exceed one hundred twenty per centum of the amount of this policy. mortgage be rwhich ntle of the estate any interest or eventss of the b If the land described or referred to in Schedule A is divisible into separate uponnllainsured, litigation encumbranceor rins ine of such is foundedmaand(noncontiguous parcels, or if contiguous and such parcels are not used as one rean alleged defect,nto finalior ioninsured against lastby this policy, and may single site, and a loss is established affecting one or more of said parcels but not pursue any litigation h action or proceedingoin the court bef begun,resort. all,the loss shall be computed and settled on a pro rata basis as if the face amount (b) In case any such or shalld claim defenseftitle inter- of this policy was divided pro rata as to the value on the date of this policy of each posed, or ins case knowledgeerseotshalle of the to ate Insured interest any of mortgage or separate independent parcel to the whole, exclusive of any improvements made interest which is adverse to thesloss a estate or or thern of the shallr subsequent to the date of this policy, unless a liability or value has otherwise been mayas insured, or which vmirtue of cause or damage for which Company thor agreed upon as to each such parcel by the Company and the Insured at the time of tobe slell thee by of s this policy,reor if the Insured shall in good faith coif the issuance of this policy and shown by an express statement herein or by an tract to sell indebtedness secured by a mortgage covered by this policy, or, if endorsement attached hereto. an Insured in ood faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by this policy 10. SUBROGATION UPON PAYMENT OR SETTLEMENT he r his cy, refuses to purchase and in any such event the title to said estate or interest-is re- of subrogationshallo vest shall have settledyunaffected by any tat oflithe Insured, jetted as unmarketable, the Insured shall notify the Company thereof in writing. 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 tCompany been ire subrogated the payment to such does righnot cover the loathe the e In- the Company of the Insured, ioro if the Insured shall not in writing, promptly ,notify surtion which said payment bears to the amount of said loss. If remediesoss should result from the Company ofany suchm an rejection g reason of subject u matter of of title,then any act of the Insured, such act shall not void this policy, but the Company, in all liabilitynga the Company inregard to the subject suchi action, pro- ceeding 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. If the Insured is the owner of the indebtedness secured by a mortgage covered thisir policy whether or not it provisionll of liable licy. der and shall not thereby concede by this policy, such Insured may release or substitute the personal liability of any liability Inr all ca any his this permitsitsy. debtor or guarantor, or extend or otherwise modify the terms of payment, or release (d)provide for cases where this policy ror proceeding, the Company to securereuto a portion of the estate or interest from the lien of the mortgage, or release any itotheright for the defense of any action defense the Insuredn shall to collateral security for the indebtedness, provided such act does not result in any all ap therein,so and prosecute it itto provide use, ati in such action or the proceeding,Insuredand loss of priority of the lien of the mortgage. u appeals sand permit it bthe its option, the namensof the live forh11. POLICY ENTIRE CONTRACT Compsuch purpose. a Whenevernblaid requestedby Companynorproceeding,the Insured effshect give the ment, securinge all reasonable o in any such witnesses, or prosecuting ineffecting settle- against ythesrComrany uoarisin rightstoffthetjstatus ofhthe rrlien of thehmortgageave or acovered orproceeding,unand the Comp y aha l r, asethe or for defending expensuchse by this policy ort the title of the estate or interest insured herein must be based on action and Company shall reimburse the Insured for anyex one the provisions of this policy. so ind. No provision or condition of this policy can be waived or changed except by 5. NOTICEIOF LOSS—LIMITATION OF ACTION 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 shall 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 policy 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