1975 George R. Holder - Laserfiche WebLink

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. 5. POLICY ENTIRE CONTRACT Any acti.on. acti.ons .or rights .of acti.on that the Insured may have. .or may bring. against the C.ompany. arising .out .of the status .of the title insured hereunder. must be based an the pravisians .of this policy. and all natices required ta be given the Campany. and any statement in writing required to be furnished the Campany. shall be addressed ta it at its Hame Office. Claims Department. 433 Sauth Spring Street. P.O. Bax 54730. Las Angeles. Califarnia 90054. 6. THIS POLICY IS NOT TRANSFERABLE 4. PAYMENT OF LOSS (a) Na claim shall arise .or be maintainable under this palicy far liability valuntarily assumed by the Insured in settling any claim .or suit withaut written cansent .of the Campany. (b) All payments under this palicy. except payments made far casts. attarney fees and expenses. sha II reduce the amaunt .of the insurance pra tanta; and the amaunt .of this policy shall be reduced by any amaunt the Campany may pay under any palicy insuring the validity .or priarity .of any lien excepted ta herein .or any instrument hereafter executed by the Insured .which is ~ charge aLlien .an the .land.. and the amaunt sa paid shall be deemed a payment ta the Insured under this policy. (c) The Campany shall have the aptian ta pay .or settle .or campramise far .or in the name .of the Insured any claim insured against by this palicy. and such payment .or tender of pay- ment. tagether with all casts. attarney fees and expenses which the Campany is .obligated hereunder ta pay. shall ter- minate all liability .of the Company hereunder as ta such claim. Further. the payment .or tender .of payment .of the full amaunt .of this policy by the Company shall terminate all liability .of the Campany under this pal icy. (d) Whenever the Campany shall have settled a claim under this palicy. all right .of subragati.on shall vest in the Company unaffected by any act .of the Insured. and it shall be subra- gated ta and be entitled ta all rights and remedies .of the Insured against any persan .or praperty .in respect t.o such claim. The Insured. if requested by the Campany. shall trans- fer ta the Campany all rights and remedies against any persan .or praperty necessary in .order ta perfect such right of subra- gatian. and shall permit the Campany ta u.se the name .of the Insured in any transactian .or Iitigatian inv.olving such rights .or remedies. (b) The Campany shall have the right ta select caunsel .of its awn chaice whenever it is required ta defend any actian .or praceeding. and such caunsel shall have full cantral .of said defense. (c) Any actian taken by the Campany far the defense .of the Insured .or ta establish the title as insured. .or bath. shall nat be canstrued as an admissian .of Iiabi I ity. and the Company shall nat thereby be held ta can cede liability .or waive any pravisian .of this palicy. ~ Conditions and Stipulations ! . ~ .. , 3. DEFENSE OF ACTIONS (a) In all cases where this palicy pravides far the defense .of any actian .or prac;:eeding. the Insured shall secure ta the Campany the right .ta sa pravide defense in such actian .or praceeding. and all appeals therein. and permit' it ta use. at its aptian. the name .of the Insured far such purpase. When- ever requested by the Campany. the Insured shall give the Campany all reasanable aid in any such actian .or proceeding. in effecting settlement. securing evidence. .obtaining wit- nesses. .or defending such actian .or praceeding. 2. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This palicy does nat insure against lass .or damage by reasan .of the fallawing: (a) The refusal .of any persan ta purchase. lease .or lend maney an the land. (b) Gavernmental rights .of pal ice pawer .or eminent domain unless natice .of the exercise .of such rights appears in the public recards at the date hereaf; and the cansequences .of any law. .ordinance .or gavernmental regulatian including. but nat limited ta. bui Iding and zoning ardinalJces. _ _ ._ (c) Any titles .or rights asserted by any .one including. but nat limited ta. persans. carparatians. gavernments .or ather entities ta tidelands. .or lands camprising the shares .or beds .of navigable .or perennial rivers and streams. lakes. bays. gulfs .or .oceans.. .or ta any land extending from the line .of mean .Iaw tide ta the line .of vegetatian. .or ta lands beyand the line .of the harbar .or bulkhead lines as established .or changed by any gavernment. .or ta fi lied-in lands. .or artificial islands. .or ta riparian. rights. .or the rights .or interests .of the State .of Texas .or the public generally in the area extending fram the line .of mean law tide ta the I ine .of vegetatian .or their right .of access thereta. .or right .of easement alang and acrass the same. (d) Defects. liens. encumbrances. adverse claims against the title as insured .or ather matters (1) created. suffered. assumed .or agreed ta by the Insured at the date .of this palicy. .or (2) known ta the Insured at the 'date .of this pal icy unless disclasure thereaf in writing by the Insured shall have been made ta the Campany priar ta the date .of this policy; .or lass .or damage which wauld nat have been sustained if the Insured were a purchaser far value withaut knawledge; .or the hame- stead .or community praperty .or survivarship rights. if any. .of any spause .of any Insured. 1. DEFINITIONS The fallawing terms when used in this palicy mean: (a) "land": The land described. speCifically .or by reference. in Schedule A. and impravements affixed thereta which by law canstitute real property. (b) "public recards": Thase recards which impart canstuc- tive natice .of matters relating ta the land. (c) "knowledge": Actual knawledge. nat canstructive knawledge. .or natice which may be imputed ta the Insured by reasan .of any public recards. (d) "date": The effective date. including haur if specified. c: