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<br />..... "."';.: ~~~.~! . <br />-. <br /> <br />. <br /> <br /> <br />- <br />'" -~ ~ <br /> <br />- <br /> <br />.' <br /> <br />N2 <br /> <br />9~596 0 <br /> <br />@ <br />OWNER POLlCY Of TlTLE lNSURANCE <br />First American Title <br />Insurance Company <br /> <br /> <br />" <br />-' <br /> <br />~.. . <br /> <br />FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, hereinafter <br />called the Company, for value does hereby guarantee to the herein named Insured, the heirs, <br />devisees, executors and administrators of the Insured, or if a corporation, its successors by dis- <br />solution, merger or consolidation, that as of the date hereof, the insured has good and indefea- <br />sible title to the estate or interest in the land described or referred to in this policy. <br /> <br />The Company shall not be liable in a greater amount than the actual monetary losS of the <br />Insured, and in nO event shall the Company be liable for more than the amount shown in Sched- <br />ule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every <br />action or proceeding on any claim against, or right to the estate or interest in the land, or any <br />part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the <br />Company shall not be required to defend against any claimS based upon matters in any manner <br />excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, <br />"Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof. The par- <br />ty or parties entitled to such defense shall within a reasonable time after the commencement of <br />such action or proceeding, and in ample time for defense therein, give the Company written no- <br />tice of the pendency of the action or proceeding, and authority to defend. The Company shall <br />not be liable until such adverse interest, claim, or right shall have been held valid by a court of <br />last resort to which either litigant may apply. and i( such adverse interest, claim, or right SO <br />established shall be for less than the whole of the estate or interest in the land, then the liability <br />of the Company shall be only such part of the whole liability limited above as shall bear the same <br />ratio to the whole liability that the adverse interest, claim, or right established may bear to the <br />whole estate or interest in the land, such ratio to be based on respective values detenoinable as of <br />the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all <br />liability with respect to any such interest, claim or right; provided, however, that failure to notify <br />shall pot prejudice the rights of the Insured if such Insured shall not be a party to such action or <br />proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, <br />unless the Compaoy shall be actually prejudiced by such failure, <br /> <br />Upon sale of the estate or interest in the land, this policy automatically thereupon shall be- <br />come a warrantor's policy and the Insured, the heirs, devisees, executors and administrators of <br />the Insured, or if a corporation. its successors by dissolution, merger or consolidation, shall for a <br />period of twenty-five years from date hereof remain fullY protected accordi~g to the tenos here- <br />of, by reason of the payment of any loss he, they or it may sustain on account of any warran- <br />ty of title contained in the transfer or conveyance executed by the Insured conveying the es- <br />tate or interest in the land,' The Company shall be liable under said warranty only by reason of <br />defects, liens or encumbrances existing prior to or at the date hereof and not excluded either <br />by exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the amount <br />of this policy. <br /> <br />IN WITNESS HEREOF, the FIRST AMERICAN TITLE INSURANCE COMP ANY has caused <br />these presents to .be signed and sealed with its Corporate seal, but this policY is to be valid only <br />when it bears an authorized countersignature, as of the date set forth in Schedule A. <br /> <br /> <br />First American Title Insurance Company <br /> <br />ATTEST <br /> <br />c#-4 J.- <br /> <br /> <br />PRESIDENT <br /> <br />Secretary <br /> <br />Owner's PoliCV <br />Form Prescribed by State Board of Inlllrance of Texas-Revised 6/70 T,' <br />