3726 ~ 72nd Avenue TITLE INSL 1,NCE COMPANY
3726
Number: 4 (SST-68-1)
Deed Reference: Bk. 633 Pg. 53
KNOW ALL MEN BY THESE PRESENTS: That we (I) Henry & Ellen Lea MetzentineL
husband and wife as vendors, Samuel B. Stewart and Phyllis T. Stewart,
husband and wife and Samule P. Stewart as purchasers under contract.
hereinafter termed grantor(s), in consideration of the sum of $ c � ' a _ to be paid by
(f\ 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,
;7") as will not interfere with the uses and purposes of the easement; said easement area being 7 2_
feet on each side, when measured at right angles, of the following described center line within the
following designated premises:
;'1? Beginning at a point on the Southwesterly line of that tract
of land described in contract between Henry Metzentine and Ellen
Leda Metzentine and described in Book 633, Page 53, deed records,
Washington County, Oregon, said point being 20 feet Northwesterly
of the most Southerly corner of said tract; running thence, N 48°
02 ' 30" E 70. 5 feet to a point; thence N 61° 20 ' E 522 feet to
a point on the Easterly line of said Metzentine tract, said point
being 32 feet Northerly of the Southeasterly corner and being on
the centerline of S.W. 72nd Avenue. Being limited to that portion
lying within the boundaries of that tract described in contract
between Henry Metzentine and Ellen Leda Metzentine as vendors
and Samuel B. Stewart and Phyllis T. Stewart, husband and wife,
and Samuel P. Stewart as purchasers under contract in Book 633,
Page 53, Washington County, Oregon, Records.
2. Temporary easement:
Together with the temporary right of ingress, egress and regress, and use for sewer construe-
the North side
tion purposes, of additional lands lying parallel to, along 203121CKM and within__35 feet,
when measured at right angles, of the above described perpetual easement area, excepting and
reserving to grantors the unencumbered enjoy ment, 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.
f(JoK 720 PAGE 525
re
3726
3. It is further agreed by the grantor and grantee as an exception
to the printed provisions of this instrument not withstanding,
the grantors, for themselves and their successors in interest,
reserve the right to construct maintain and use a building or
buildings over the above sewer to be constructed by the grantee,
conditioned only that construction of such a building or buildings
shall include a foundation which will not place undue stress or
strain on the sewer line which might cause damage to the sewer
line, and so designed to provide access for maintenance and repairs
without damage to the building; and that said plans shall be approved
by the City Engineer or authorized representative.
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 work manlike 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 work manlike 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____ day of -� , 19___�l0
t c/a
(SEAL) _ _4• _._ (SEAL)
Henry-tzenti • Sam 1 • , 4ewar,
Leda L) �� _�,, : 7 ®�(*- _. (SEAL)
Ellen Leda Metzentine ,Samuel B. Stewart
__(SEAL) {✓� t/
y ( LGa-C � (SEAL).
Phy is T. Stewart
For a consideration, the mortgage lien on the above described properties is hereby made subordinate to the
easements above granted,
Dated this 4- day of_ ., 19
Mortgagee
By
Title
STATE OF OREGON, ! )
ss.
County of � K ,
On this_ 3 __—day of _, 19 —___ , personally appeared the above named
/ S
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
Notary Public for Oregon
My Commission expires: /74,• , 7.7/
BOOK 720 PAGE 526
.,r , Ploy
9
•
3' 20
STATE OF OREGON, )
ss.
County of Washington, )
On this S day of ( - T - , 1968 , personally appeared
the above named SAMUEL B. STEWART and PHYLLIS T. STEWART and
acknowledged the foregoing instrument to be their voluntary act and deed.
Before me
Notary Public for Oregon
My Commission expires: t-"
STATE OF OREGON, )
ss.
County of Washington, )
On this fr day of Ul72'� , 1968 , personally appeared
the above named HENRY METZENTINE AND ELLEN LE,pA METZENTINE and
acknowledged the foregoing instrument to be their voluntary act and deed.
Before me:
' Notary Public for Oregon
r My Commission expires: /`7, /
BOOK 720 PAGE 527
AMMININNIiit
II
1
3728
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STATEN)OR E GON
pfr)
County of'iNashington ss
I, Roger Thomssen,Director of Records and
Elections and Ex-Officio Recorder of Conveyances
for said county, do hereby certify that the within
instrument of writing was received and recorded
in book of records
No. ( V'
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN,Director of
tRecords&Elections M w __
l
OCT I 2 59 PH
puty
•
•
•
•
T
o
• _
• 425 S.W. Fourth Avenue/ Portland, Oregon
WASHINGTON COUNTY OFFICE Phone 222-3651 UGI � ( .Y.;
526 N.W. CANYON ROAD • BEAVERTON, OREGON
TELEPHONE 696-8181
POLICY OF TITLE INSURANCE CITY OF
Oregon Land Title Association
Standard Coverage Policy
No. 312734 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
ire 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.
�RAnj` 1
C`� 11'1 TITLE INSURANCE COMPANY
��
......... 4 Byy/t,e,dee
Countersigned
�' <4 ��0EtPO�4 •• � President
tom.- ,., ' • 1b• D
Authorized Officer %F1" : jji
Z% Attest:
it t e.:;:9;‘,
.
•
PAGE 1 OF POLICY / ••.� Secretary
REV.7-63
J �•••••••
TI-21 11111,° 'EG0N%-
Ji
SCHEDULE A
Amount $ 1, 000.00 Date October 11, 1968 At 2: 59 P.M.
INSURED
---THE CITY OF TIGARD---
easement
The fee simple title to said bigicit at the date hereof, vested in
THE CITY OF TIGARD, a municipal corporation.---
The land referred to in this policy is described as:
PERPETUAL EASEMENT:
Beginning at a point on the Southwesterly line of that tract of
land described in contract between Henry Metzentine and Ellen Leda
Metzentine and described in Book 633, Page 53 , deed records, Wash-
ington County, Oregon, said point being 20 feet Northwesterly of
the most Southerly corner of said tract; running thence, North 48°
02' 30" East 70.5 feet to a point; thence North 61°20' East 522 feet
to a point on the Easterly line of said Metzentine Tract, said point
being 32 feet Northerly of the Southeasterly corner and being on
the centerline of S. W. 72nd Avenue. Being limited to that portion
lying within the boundaries of that tract described in contract
between Henry Metzentine and Ellen Leda Metzentine as vendors and
Samuel B. Stewart and Phyllis T. Stewart, husbandand wife, and
Samuel P. Stewart as purchasers under contract in Book 633 ,
Page 53 , Washington County, Oregon.
TEMPORARY EASEMENT:
Together with the temporary right of ingress, egress and regress, and
the use for sewer construction purposes, of additional lands lying
parallel to, along the North side and within 35 feet , when measured
at right angles, of the above described perpetual easement area.---
PAGE 2 OF POLICY NO. 312734
1-128
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-
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 described
Premises lying within the boundaries of roads and highways.
7. Interest of Samuel P. Stewart, and Samuel B. Stewart and
Phyllis T. Stewart, husband and wife, vendees, as purchasers under
contract, including the terms and provisions thereof,executed by
Henry Metzentine and Ellen L. Metzentine, husband and wife, vendors,
dated March 13 , 1967, recorded March 13 , 1967, in Book 633 , Page
53 , Washington County Records.
8. Easement, including the terms and provisions thereof, granted
to The City of Tigard, a municipal corporation of Oregon, dated July
23 , 1968, recorded October 11, 1968, in Book 720, Page 525 , Washington
County Records.---
Page 3 of Policy No. 312734
TI-30
114110,1' t
OREGON LAND TITLE ASSOCIATION
STANDARD COVERAGE 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 polity 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•
may be imputed to the Insured by reason of any public records; pany hereunder. In the event, after notice of claim has been given to the Company
(d)
"date": the effective date; by the Insured, the Company offers to purchase said indebtedness, the owner of
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
menta and price.
(f) "insured": the 7. PAYMENT OF LOSS
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
in Schedule A, the Insured shall include (1) each successor in interest in ownership all, the actual loss of the Insured and costs and attorney's fees which the Company
of such indebtedness, (2) any such owner who acquires the estate or interest referred may b) obligated hereunder to pay.
to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction (b) The Companyoswillp pay,the inIaddition to any locarriedss insured againstteby this
any
of said indebtedness, and (3) any federal agency or instrumentality which is an policy, all costs imposed upon aInattorney'ssured in litigationesitigon by the on by the
insurer or guarantor under an insurance contract or guaranty insuring or guarantee- Inc the Insured, and all costsauthorization and ofees in litigation carried by the
ing said indebtedness, or any part thereof, whether named as an Insured herein or Insured with the writtenoageslarise the Company.
not, subject otherwise to the provisions hereof. (c) No claim for damages shall or be maintainable under this policy (I)
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 or interest, or any part thereof, by foreclosure, assumed by the Insured in settling any claim or suit withoutwritten consent of the
trustee's sale, or other legal manner in satisfaction of said indebtedness, or any Company, or (3) in the eventnexceptedhc title is excluded as unthismarketable policy,
lae of a
part thereof, or if a federal agency or instrumentality acquires said estate or interest, defect, lien or encumbrance not or in s policy, until thereghas
or any part thereof, as a consequence of an insurance contract or guaranty insuring been a final determination by a court of competent jurisdiction sustaining such
rejection.
or guaranteeing the indebtedness secured by a mortgage covered by this policy, or
any part thereof, this policy shall continue in force in favor of such Insured, agency (and) All paymentses, h under this the amountlicy, except payments made for costs, attorneys-
or instrumentality, subject to all of the conditions and stipulations hereof. fees and expenses, shall reduce of the insurance pro tanto and no pent
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 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 suchmortgage,g ge, 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 anymortgage shown or referred to in Schedule B hereof or any
if the land abuts upon one or more physically open streets or highways this policy mortgage hereafterb
rexecutedrete by the Insured whichA, a charge
mo or liend 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 excepte8--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 (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.
policy 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
writing by the Insured shall have been made to the Company prior to the date of (a) In the event that a partial loss-occurs after the Insured makes an improve-
meet subsequent etor 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
or created subsequent to the date hereof. - becomes a coinsurer to the extent hereinafter set forth.
(e) Loss or damage which would not have been sustained if the Insured were If the cost of the improvement exceeds twenty per centum of the amount of this
a purchaser or encumbrancer for value without knowledge. policy, such proportion my any partial loss established shall be borne by the
Company as one hundred twenty per centum of the amount of this policy bears
4. DEFENSE AND PROSECUTION OF ACTIONS — to the sum of the amount of this policy and the amount expended for the improve-
NOTICE OF CLAIM TO BE GIVEN BY THE INSURED mens. The foregoing provisions shall not apply to costs and attorneys' fees in-
(a) The Company, at its own cost and without undue delay shall provide (1) curred by the Company in prosecuting or providing for the defense of actions or
for the defense of the Insured in all litigation consisting of actions or proceedings proceedings, in behalf.of the Insured pursuant to the terms of this policy or to
commenced against the Insured, or defenses, restraining orders, or injunctions inter- costs imposed on the Is whit in cued actions g proceedings,per and cent shallfapply face of
posed against a foreclosure or sale of the mortgage and indebtedness covered by to that portion of losses which exceed in the aggregate ten of the of
this oolicy or a sale of the estate or interest in said land; or (2) for such action as the Policy.
may be appropriate to establish the title of the estate or interest or the lien of the Provided,arising however,u that the foregoing encumbranceu coinsurance liquidatedqishall not which
mortgage as insured, which litigation or action in any of such events is founded existedtany lossnthedate out of a lien andr nor a Scheduleamount provided
upon an alleged defect, lien or encumbrance insured against bythis further,on pins vofa this policy was not shown in ossif, and prime of
B policy, and may hsuch coinsurance loss, the thenhe shall not apply to any loss atm the dmf of
pursue any litigation to final determination in the court of last resort. the occurance of such the value of the premises, as so improved, does
(b) In case any such action or proceeding shall be begun, or defense inter- not exceed one hundred twenty per centum of the amount of this policy.
posed, or in case knowledge shall come to the Insured of any claim of title or (b) If the land described or referred to in Schedule A is divisible into separate
interest which is adverse to the title of the estate or interest or lien of the mortgage and noncontiguous parcels, or if contiguous and such parcels are not used as one
as insured, or which might cause loss or damage for which the Company shall or single site, and a loss is established affecting one or more of said parcels but not
may be liable by virtue of this policy, or if the Insured shall in good faith con- all, the loss shall be computed and settled on a pro rata basis as if the face amount
tract to sell the indebtedness secured by a mortgage covered by this policy, or, if of this policy was divided pro rata as to the value on the date of this policy of each
an Insured in Pood faith leases or contracts to sell, lease or mortgage the same, or separate independent parcel to the whole, exclusive of any improvements made
if the successful bidder at a foreclosure sale under a mortgage covered by this policy subsequent to the date of this policy, unless a liability or value has otherwise been
refuses to purchase and in any such event the title to said estate or interest is re- agreed upon as to each such parcel by the Company and the Insured at the time of
jeered as unmarketable, the Insured shall notify the Company thereof in writing. the issuance of this policy and shown by an express statement herein or by an
If such notice shall not be given to the Company within ten days of the receipt of endorsement attached hereto.
process or pleadings or if the Insured shall not, in writing, promptly notify the 10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Company of any defect, lien or encumbrance insured against which shall come to
the knowledge of the Insured, or if the Insured shall not in writing, promptly notify Whenever the Company shall have settled a claim under this policy, all right
the Company of any such rejection by reason of claimed unmarketability of title, then of subrogation shall vest in the Company unaffected by any act of the Insured,
all liability of the Company in regard to the subject matter of such action, pro- and it shall be subrogated to and be entitled to all rights and remedies which the
ceeding or matter shall cease and terminate; provided, however, that failure to notify Insured would have had against any person or property in respect to such claim
shall in no case prejudice the claim of any Insured unless the Company shall be had this policy not been issued. If the payment does not cover the loss of the In-
actually prejudiced by such failure and then only to the extent of such prejudice. sured, the Company shall be subrogated to such rights and remedies in the proper•
(c) The Company shall have the,right at its own cost to institute and prosecute tion which said payment bears to the amount of said loss. If loss should result from
any action or proceeding or do any other act which in its opinion may be necessary any act of the Insured,requirede, such act shall not void partnts of any, but the Company, inagainst
or desirable to establish the title of the estate or interest or the lien of the mortgagethat event, shall etoh pay only thatany, lost any losses insured n
as insured; and the Company maytake anyappropriate of t the impairment which shall exceed the amount,og if Insured,the Company by reason
P Yndeactionhunder the termsonof Company, shalla sf the right of subrogation. The rmif requestedinsta the
this policy whether or not it shall be liable thereunder and shall not thereby concede transfer to the Company all rgihts and remedies against any personby
liability or waive any provision of this policy. or property necessary in order to perfect such right of subrogation, and shall permit
(d) In all cases where this policy permits or requires the Company to prosecute the Company to use the name of the Insured in any transaction or litigation involving
or provide for the defense of any action or proceeding, the Insured shall secure to such rights or remedies.
it the right to so prosecute or provide defense in such action or proceeding, and If the Insured is the owner of the indebtedness secured by a mortgage covered
all appeals therein, and permit it to use, at its option, the name of the Insured for by this policy, such Insured may release or substitute the personal liability of any
such purpose. Whenever requested by the Company the Insured shall give the debtor or guarantor, or extend or otherwise modify the terms of payment, or release
Company all reasonable aid in any such action or proceeding, in effecting settle- a portion of the estate or interest from the lien of the mortgage, or release any
meet, securing evidence, obtaining witnesses, or prosecuting or defending such collateral security for the indebtedness, provided such act does not result in any
action or proceeding,and the Company shall reimburse the Insured for any expense loss of priority of the lien of the mortgage.
so incurred.
11. POLICY ENTIRE CONTRACT
S. NOTICE OF LOSS —LIMITATION OF ACTION Any action or actions or rights of action that the Insured may have or may bring
In addition to the notices required under paragraph 4(b),a statement in writing byagainst the Company arising out of the status of the lien of the mortgage covered
of any loss or damage for which it is claimed the Company is liable under this th the
policy or the ripe of the estate or interest insured herein must be based on
policy shall be furnished to the Company within sixty days after such loss or damage the provisions of this policy.
shall have been determined and no right of action shall accrue to the Insured under No endorsedprovision or condition of this policy can be waived or changed except by
this policy until thirty days after such statement shall have been furnished, and no writingary, andAs hereon or attached hereto signedr dying officer
of, a Vice-President,Company.
recovery shall be had by the Insured under this policy unless action shall be com- the Secretary, Assistant Secretary or other validating officer the Company.
menced thereon within five years after expiration of said thirty day period. Failure 12. NOTICES, WHERE SENT
to furnish such statement of loss or damage, or to commence such action within the All notices required to be given the Company and any statement in writing
time hereinbefore specified, shall be a conclusive bar against maintenance by the required to be furnished the Company shall be addressed to it at the office which
Insured of any action under this policy. issued this policy.
TI 12