1987 Naegeli Properties, Inc.-all of outlot 404, LP outlots

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?';~ ", .. ~ff'j , .'" ...... .' ", III COMMONWFAlTHlAND , , , TITLE INSURANCE COMPANY' (a stock company) PHILADELPHIA, PENNSYLVANIA OWNER POLICY OF TITLE INSURANCE ~ POLICY NUMBER 124 - 080234 COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, hereinafter called the Company, for value does hereby guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy. The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own cost defend the Insured in every action or proceeding on any claim against, or right to the estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against' any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy", of the Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend. The Company shall not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either Iitigant'may apply, and if such adve~ interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability liniited above as shall bear the same ratio to the whole liability that the adverse interest, claim, or' right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as aforesaid, the Company is relieved from all liability with respect to any such interest, claim or right; provided, however, that failure to notify shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereof, nor in any case, unless the Company shall be actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become a warrantor's policy and the Insured shall for a period of twenty-five years from the date hereof remain fully protected according to the tenns hereof, by reason of the payment of any loss, he, they or it may sustain on account of any warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the exceptions or by the Conditions and Stipulations hereof, such liability not, to exceed the amourit of this policy. , ' IN WITNESS HEREOF, the COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be executed by its President under the seal of the Company, but this policy is to be valid, only when it bears an authorized countersignature, as of the date set forth in Schedule A. COMMONWEALTH LAND TITLE INSURANCE COMPANY AII_'rl~; fJ 7:t By &7$1 President . . Texas Owner Policy Face Page CLTIC Form 1048-15 ORIGINAL Valid Only If Schedules A' And B Are Attached.