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<br />the prior written consent 01 the Company.
<br />10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY.
<br />All payments under this Policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount 01 the insurance pro tanto.
<br />11. LIABILITY NONCUMULATIVE. .
<br />It is expressly understood that the Amount 01 Insurance under this Policy shall be reduced by any amount the Company may pay under any Policy insuring
<br />a mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed or taken subject, or which is hereafter executed by an
<br />Insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under
<br />this Policy to the insured owner.
<br />12. PAYMENT OF LOSS.
<br />(a) No.payment shall be made without producing this Policy lor endorsement 01 the payment unless the Policy has been lost or destroyed, in which case
<br />prool of loss or destruction shall be fumished to the satisfaction of the Company.
<br />(b) When liability and the extent 01 loss or damage has been delinitely lixed in accordance with these Conditions and Stipulations, the loss or damage shall
<br />be payable within 30 days thereafter.
<br />13. SUBROGATION UPON PAYMENT OR SETTlEMENT.
<br />(a) The Comoanv's Rioht of Subrooation .
<br />Whenever the Company shall have settled and paid a claim under this Policy, all rights of subrogation shall vest in the Company unaffected by any act
<br />of the Insured Claimant. The Company shall be subrogated to and be.entitled to all rights and remedies that the Insured Claimant would have had against
<br />any person or property in respect to the claim had this policy not been issued. II requested by the Company, the Insured Claimant shall transfer to the
<br />Company all rights and remedies against any person or property necessary in order to perfect this right 01 subrogation. The Insured Claimant shall permit
<br />the Company to sue, compromise or settle in the name 01 the Insured Claimant and to use the name 01 the in any transaction or litigation involving these
<br />rights or remedies.
<br />II a payment on account 01 a claim does not lully cover the loss 01 the Insured Claimant, the Company shall be subrogated to these rights and remedies
<br />in the proportion that the Company's payment bears to the whole amount 01 the loss.
<br />II loss should result from any act of the Insured Claimant, as stated above, that act shall not void this Policy, but the Company, in that event, shall be
<br />required to pay only that part 01 any losses insured against by this Policy that shall exceed the amount, if any, lost to the Company by reason 01 the
<br />impairment by the Insured Claimant of tlie Company's right of subrogation.
<br />(b) The Comoanv's Riohts Aoainst Non.lnsured Oblioors
<br />The Company's right 01 subrogation against non.insured obligors shall exist and shall include, without limitation, the rights 01 the Insured to indemnities,
<br />guaranties, other pOlicies 01 insurance or bonds, notwithstanding any terms or conditions contained in those instruments that provide lor subrogation
<br />rights by reason 01 this Policy.
<br />14. ARBITRATION.
<br />Unless prohibited by applicable law or unless this arbitration section is deleted by specilic provision in Schedule B of this Policy, either the Company or the
<br />Insured may demand arbitration pursuant to the Title Insurance Arbitration Rules 01 the American Arbitration Association. Arbitrable matters may include, but
<br />are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this Policy, and service of the Company in
<br />connection with its issuance or the breach 01 a Policy provision or other obligation. All arbitrable matters, when the Amount 01 Insurance is $1 ,000,000 or less
<br />.Sf,tAl:L-BE arbitrated.at,the request'ol either the CompanyorthiflrisiJred, unless the Insured.is. an individual plirson-(as distinguished lrom a corporation, trust,
<br />partnership, association or other legal entity). All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 SHALL BE arbitrated only when
<br />agreed to by both the Company and the Insured. Arbitration pursuant to the Policy and under the Rules in effect on the date the demand for arbitration is made,
<br />or at the option of the Insured, the Rules in effect at the Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the
<br />laws of the state in which the land is located permit a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by Arbitrator(s)
<br />may be entered in any court having juriSdiction thereof.
<br />The law 01 the situs 01 the land shall apply to any-arbitration under the Title Insurance Arbitration Rules.
<br />A copy 01 the Rules may be obtained from the Company upon request.
<br />15. LIABILITY LIMITED TO THIS POLICY. POLICY ENTIRE CONTRACT.
<br />(a) This POlicy together with all endorsements, il any, attached hereto by the Company is the entire Policy and contract between the Insured and the
<br />Company. In interpreting any provision 01 this Policy, this Policy shall be construed as a whole.
<br />(b) Any claim 01 loss or damage whether or not based on negligence and which arises out of the status of the title to the estate or interest covered hereby
<br />or by any action asserting such claim shall be restricted to this Policy.
<br />(c) No amendment 01 or endorsement to this Policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
<br />Vice President, the Secretary, an Assistant Secretary or validating officer or authorized signatory of the Company, .
<br />16. SEVERABILITY.' .
<br />In the event any provision of the POlicy is held invalid or unenlorceable under applicable law, the Policy shall be deemed not to include that provision and all
<br />other provisions shall remain in lull lorce and ellect.
<br />17. NOTICES WHERE SENT. .
<br />All notices required to be given the Company and any statement in writing required to be lurnished the Company shall include the number 01 this Policy and
<br />shall be addressed to the Company at 1945 Walnut Hill Lane, Irving, Texas 75038.
<br />COMPLAINT NSTICE.
<br />Should any dispute arise about your premium or about a claim that you have flied, contact the agent or writa to the Company that Issued the Polley.
<br />If the problem Is not resolved, you also may write the Texas Department of Insurance"P.O. Box 149091, Austin, TX 78714-9091, Fax No. (512) 475-1771.
<br />This notice of complaint procedure is for Information only and does not become a part or condition of this Policy.
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