8603 ~ 119th Avenue ~ Lynn Street 1111F
f? , . t . ;� ANY
Project SSL 32 . 3
8603 Easement: T - 42
Deed Reference: B 681, P 485
N KNOW ALL MEN BY THESF.f Pf2t3E1 TS That we (I) James Richard and
C)
Barbara Norton Kerr Husband and wife
hereinafter termed grantor (s) , in consideration of the sum of $ 45 . 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 fcct--e x - rr-si4er-when-mea-
=
de 3 i °rant prrenti s -s-
A portion of that tract of land in Section 3 , T2S , R1W, W.M. ,
Washington County, Oregon conveyed to James Richard & Barbara
Norton Kerr as described in Book 681 Page 485 , Deed Records of
said Washington County, more particularly described as follows :
The Easterly 7 . 5 feet of the tract.
2. Temporary easement:
Together with the temporary right of ingress, egress, and
regress, and use for sewer construction purposes, of additional
lands being the Northerly 20 feet of said Kerr tract and those
lands
lying parallel to, along the Westerly side and within 15
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®
Page 1
Easement ,nr,K i J0 ?.46E" 0
8603
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 fet-Aac.K.,- , 1944' .
(SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
For a consideration, the mortgage lien on the above described
properties is hereby made subordinate to the easements above granted.
Dated this 26Mi day of Se t_ember _ , 19 E9
PORTLAND FEDERAL SAVINGS .1ND LOAN A S(VTATTfN OF
PORTLAND,"--ORE;Oortgagee...
By Gen
Vice President
Title
STATE OF OREGON
/ / ) ss.
County of G1r�� rk
On this M.i day of _74 , 1962r , personally
appeared the above named //, ; a' �c y 'i'
and acknowledged the foregoing instrument to be their voluntary act and deed.
Before me?
d " /� d/
dd
Notary Public for Oregon
My Commission expires :
Page 2 �f
Easement R X11" 758 p�r�i;` 0 R
NIIMMOWNWOMM
Wr+ ,
y
STATE OF OREGON )
) ss.
County of )
On this day of , 19 , personally
appeared the above named
and acknowledged the foregoing instrument to be their voluntary act and
deed.
Before me:
Notary Public for Oregon.
w,„,
My Commission expires :
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: _ ,�e2 - - !
Mayor
By: ® c I.
CityRecorder
STATE OF OREGON )
) ss.
County of Washington )
On this 29th day of September , 1969 , 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
Hartig is the Recorder of the CITY OF TIGARD, a municipal
corporation, and the said Elvin G. Kyle 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 h-.nd and affixed my
official seal, this the day and year inn th° u ce ficate first written
Notary Public for Oregon
ission ex./pi
My commres
etfl[1 750.., P4rC (7
Page 3
Easement
AplOPIP
FORM'No. 24--ACKNOWLEDGMENT—CORPORATION
EVENS-NESS LAW PUB.CO.. PORTLAND,ORE.
STATE OF OREGON, ."9 `-
U to
SS.
County of Na.altnorah On this 26th_ . day of. % ter:ber 19 i:9
before me appeared C4'0 0Gannett ,
and
both to me personally known, who being
duly sworn, did say that he, the said _- .Geo O._Ganne:tt
is the Vice--President, and he, the said__ __ ---
is thea.,_»„-- -W-” - -Secretary of--Portland--F_ede:ra2_-S, v nb;_ and. Loan '. -soc iation
the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corpora-
tion, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board
of Directors, and Geo. O. Gannett and ...—
acknowledge
_
acknowledge said instrument to be the free act and deed of said Corporation.
IN TESTIMONY W OF, I have hereunto set my hand and affixed
m offic al seal the day nd last above written.
mwstad
•
Notary Public for rego
My Commission expires_ __-8_u ,8--?2 _ _ -
. .
. .,...to
•
8603
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JAMES RICHARD 4 BAR aARA. 14ORTC)N KERR
15 1 34.CD 3100 681/485
9
t LINEAL FT.
SCALE 11".50'
P-486.114. ,
158 P M CO 1
STATE OF OREGON ncI
ss
County of Washington ,..c."...4k,
S • Stevens.Thompson & Runyan.Inc.
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con- ri.N.Iii , Engineers/Planners
veyances for said county, do hereby certify PORTLAND.OREGON SEATTLE.WASHINGTON
that the within instrument of writing was
received and recorded in book of records ,f
No. 7.7....57_2(
of said County
1 K s,
Witness my hand and seal affixed!P4 4-1 L:""
ROGER THOMSSEN, Director of
Records & E ctions
/ •
Deputy
OCT I 2' 42Fliti9
•
•
•
•
-1.416 e +s10 E°
• 425 S.W. Fourth Avenue/ Portland, Oregon e1T�C
Phone 222-3651 OFT T21IGARD)969
POLICY OF TITLE INSURANCE
Oregon Land Title Association
Standard Coverage Policy
No. 316077 Premium 2 5.00
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 r��JRAI;jCF h TITLE INSURANCE COMPANY
++f
j 4,41 • ORPO/%, '��O�// President
��•
i
Authorized Officer •s iy • 4 Attest: e:57Z
• •
PAGE 1 OF POLICY /j ••.• •,• Secretary
REV.7-63 ISI •••••••
11-21 1+,,,`o\\\G o.`.
'4mo'
SCHEDULE A
Amount $1,000.00 Date October 1, 1969 At 2 :42 P.M.
INSURED
---CITY OF TIGARD---
easement
The fee simple title to said 1031xis, 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 3,
Township 2 South, Range 1 West, Willamette Meridian, Washington County,
Oregon, conveyed to James Richard & Barbara Norton Kerr as described in
Book 681, Page 485, Deed Records of said Washington County, more
particularly described as follows:
The Easterly 7.. 5 feet of the tract.
TEMPORARY EASEMENT:
Together with the temporary right of ingress, egress and regress,
and use for sewer construction purposes, of additional lands being
the Northerly 20 feet of said Kerr tract and those lands lying
parallel to, along the Westerly side and within 15 feet , when
measured at right angles, of the above described perpetual easement
area.
PAGE 2 OF POLICY NO. 316077
nn
Oregon Land Title Association
• Standard Coverage Policy
R 8-60 "v✓'
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. Subject to statutory powers and assessments of Leron Heights
Sanitary District.
7. Sanitary sewer easement as shown on the plat .
8. Conditions and restrictions in instrument executed by J. A.
Paterson et al, recorded March 26, 1963, in Deed Book 483, Page 278,
reference to which is hereby made.
Amendment of conditions and restrictions, executed by J. A.
Paterson et al, recorded February 19, 1965, in Book 541, Page 527,
Washington County Records, reference to which is hereby made.
9. Restrictive Covenant executed by J. A. Paterson et ux, recorded
January 20, 1965, in Book 538, Page 135, Washington County Records,
reference to which is hereby made.
10. Easement, including the terms and provisions thereof,
granted to West Coast Telephone Company, a corporation, recorded
January 19, 1965, in Book 538, Page 1, Washington County Records.
11. Easement, including the terms and provisions thereof,
granted to Portland General Electric Company, an Oregon corporation,
dated February 24, 1965, recorded April 20, 1965, in Book 549,
Page 267, Washington County Records.
12. Trust Deed, including the terms and provisions thereof,
given by James Richard Kerr and Barbara Norton Kerr, husband and
wife, as grantors, to Henrh L. Bauer, as trustee, for Portland
Federal Savings and Loan Association of Portland, Oregon, a cor-
poration, as beneficiary, dated February 16, 1968, recorded
February 19, 1968, in Book 681, Page 486, Washington County Records,
to secure the payment of $19, 200.00.
Page Sof Policy No. 316077
- continued
TI-30
•
SCHEDULE "B" CONTINUED . .
13. Easement, including the terms and provisions thereof,
granted to City of Tigard, dated August 14, 1969, recorded October
1, 1969, in Book 758, Page 406, Washington County Records.---
Page 4 of Policy No. 316077
•
,T o/
• / I 7eeee Te0004 ,"title insurance
escrows 12012 S.W. Canyon Road/Beaverton, Oregon 97005
Phone 646-8181
HEAD OFFICE
425 5.W. FOURTH AVENUE
PHONE 222-3651
City of Tigard
Department of Public Works Order No. 316077
August 20, 1969
Tigard City Hall
Tigard, Oregon
Re: James Richard Kerr et ux
Gentlemen: Account #2-32.4-290
We are prepared to issue title insurance policy covering:
Lot 57, LERON HEIGHTS PLAT NO. 3, in the City of Tigard, Washington
County, Oregon;
showing title on August 13, 1969 at 5:00 P.M. , vested in:
JAMES RICHARD KERR and BARBARA NORTON KERR,
an estate in fee simple
as tenants by the entirety;
subject to the usual printed exceptions, and
1. Tigard City Liens, if any.
2. Statutory powers and assessments of Leron Heights Sanitary District.
3. Sanitary sewer easement as shown on the plat.
4. Conditions and restrictions in instrument executed by J. A.
Paterson et al, recorded March 26, 1963, in Deed Book 483, page 278,
reference to which is hereby made.
Amendment of conditions and restrictions, executed by J. A.
Paterson et al, recorded February 19, 1965, in Book 541, page 527,
Washington County Records, reference to which is hereby made.
5. Restrictive Covenant executed by J. A. Paterson et ux, recorded
January 20, 1965, in Book 538, page 135, Washington County Records,
reference to which is hereby made.
6. Easement, including the terms and provisions thereof, granted
to West Coast Telephone Company, a corporation, recorded January
19, 1965, in Book 538, page 1, Washington County Records.
7. Easement, including the terms and provisions thereof, granted
to Portland General Electric Company, an Oregon corporation, dated
February 24, 1965, recorded April 20, 1965, in Book 549, page 267,
Washington County Records.
WYY WWY'
City of Tigard----2 Order No. 316077
8. Trust Deed, including the terms and provisions thereof, given
by James Richard Kerr and Barbara Norton Kerr, husband and wife, as
grantors, to Henry L. Bauer as trustee for Portland Federal Savings
and Loan Association of Portland, Oregon, a corporation, as bene-
ficiary, dated February 16, 1968, recorded February 19, 1968, in
Book 681, page 486, Washington County Records, to secure the payment
of $19, 200.00.
Note: 1968-69 taxes, $669.99 paid. (1S1 34CD 3100 23-35)
TITLE INSURANCE COMPANY
Washington County Branch
James A. Parker
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4010, *we
P-486. 114 June 23, 1969
Easement T-42
James Richard & Barbara Norton Kerr
12070 S. W. 119th Avenue
Tigard, Oregon 97223
Book 681 Page 485
iS 1 34CD 3100 91 lineal ft.
A PERMANENT EASEMENT
A portion of that tract of land in Section 3, T2S, R1W, W. M. , Washington
County, Oregon conveyed to James Richard & Barbara Norton Kerr as
described in Book 681 Page 485, Deed Records of said Washington County,
more particularly described as follows:
The Easterly 7. 5 feet of the tract.
A TEMPORARY EASEMENT
Parcel 1
The Easterly 22. 5 feet of the tract.
Parcel 2
The Northerly 20 feet of the tract for purposes of access
to the Permanent Easement.
•
R.
yr•
(;y For purposes of access -,
7.5` PERM. ESM'T.
•
I 22.5-TEMP ESM'T-
z 1
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S.W LYNN ST •
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T-4.2
JAMES RICHARD 4 BARBARA NORTON KERR
IS 134.CD 31CX) 681/485
91 LINEAL FT.
SCALE I"=50`
P-486.114
S Stevens.Thompson 8z R,unyan,Inc.
Engineers/Planners
PORTLANO.OREGON SEATTLE.WASHINGTON
{
4, .
STANOAREI COVERAGE POLICY
•REV.4-63 COI TIONS AND STIPULATK W
(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
(a) "land": the land described, specifically or by reference, in Schedule A and pthe or of[case losshe isclaimed under this any claim insured policynst
or to pay ownerthr of full amount indebtednessoLess
improvements affixed thereto which by law constitute real property; secured by the l the theoption
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.
maybe imputed to the Insured by reason of any public records; pang 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.
merit; and 7. PAYMENT OF LOSS
(1) "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
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 int
Schedule B acquires said estate or interest, or any part thereof, by foreclosure, Casompany,
, orhe Insured in settling any claim or suitas withoutm written cobecausensent of the
trustee's sale, orother legal manner in satisfaction of said indebtedness, or any Company, (3) in the event excepted
titled oris rejected unmarketable policy,
of a
part thereof, or if a federal agency or instrumentality acquires said estate or interest, been lien or encumbrancernionot ax ours excludedompee in this policy, until thereghas
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
a This policydoes not insure against loss or damage byreason of the following: shall be furnished to the satisfaction of the Company; provided, however, if the
gain g 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 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, 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 saris-
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 (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
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 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 policy 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 inood faith leases orcontracts to sell, lease ormortgage the same, 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
jected 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.ren days of the receipt of and it shall be subrogated to and be entitled to all rights and remedies which the
process or pleadings oraf 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
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.
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
all 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
merit, 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
shall have been determined and no right of action shall accrue to the Insured under All notices required to be given the Company and any statement in writing
this policy until thirty days after such statement shall have been furnished, and no required to be furnished the Company shall be addressed to it at the office which
recovery shall be had by the Insured under this policy unless action shall be corn- issued this policy. ,
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