expansion of Fire Station No. 1-all of lot 16, south 15' of lot 15, block 39, Town of La Porte

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(2) your failure affects our ability to dispose of or to defend you against the claim. Our obligation is reduced only to the extent that your failure affects our ability to dispose of or to defend you against the claim. b. You Must Give Us Proof of Your Loss if We Request It. You must send to us, if we request, your signed proof of loss within 91 days of our request on a standard form supplied by us. Within 15 days after we receive your notice of daim, we must request a signed proof of loss. If not, we waive our right to require a proof of loss. This waiver will not waive our other rights under the policy. The statement must have the following information to the best of your knowledge: (1) the Covered Title Risks which resulted in your loss, (2) the dollar amount of your loss, and (3) the method you used to compute the amount of your loss. c. You Must Provide Papers We Request. We may require you to show us your records, checks, letters, contracts, and other papers that relate to your claim of loss. We may make copies of these papers. If you tell us this information is confidential, we will not disclose it to anyone else unless we reasonably believe the disdosure is necessary to administer the claim. d. You Must Answer Questions Under Oath. We may require you to answer questions under oath. e. Effect of Failure to Cooperate. Our obligation to you reduces or ends if you fail or refuse to: (1) (a) provide a statement of loss, (b) answer our questions under oath, or (c) show us the papers we request, and (2) your failure or refusal affects our ability to dispose of or to defend you against the claim. 4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM a. After we receive your claim notice or in any other way learn of a matter for which we are liable, we can do one or more of the following: (1) Pay the claim against your title. (2) Negotiate a settlement. (3) Prosecute or defend a court case related to the claim. (4) Pay you the amount required by this Policy. (5) Take other action under Section 4b. (6) Cancel this policy by paying the Policy Amount, then in force, and only those costs, attorneys' fees and expenses incurred up to that time that we were obligated to pay. We can choose which of these to do. b. If you report to us that a covered title risk exists, we will promptly investigate to determine if that covered title risk is valid and not barred by law or statute. A covered title risk is a title risk that this Policy does not exclude or except. If we condude that your claim, or any part of your daim, is covered by the policy, we will take one or more of the following actions to the extent that it is covered: (1) Institute all necessary legal proceedings to clear the title to the property; (2) Indemnify you pursuant to the terms of the policy; (3) Issue a new title policy without making exception to the covered title risk. If another insurer issues the new title policy to your purchaser, lender or other transferee without making exception to the covered title risk, we will indemnify the other insurer. (4) Secure a release of the covered title risk. c. If we deny your claim, or any part of your claim, not more than 15 days after we deny the claim, we will: (1) notify you in writing, and (2) give you the reasons for denial of your claim in writing. 5. HANDLING A CLAIM OR COURT CASE You must cooperate with us in handling any daim or court case and give us all relevant information. We must repay you only for those settlement costs, attorneys' fees and expenses that we approve in advance. When we defend or sue to dear your title, we have a right to choose the attomey. You have the right to disapprove our choice of attorney for reasonable cause. We can appeal any decision to the highest court. We do not have to pay your claim until your case is finally decided. We do not agree that the matter is a covered title risk by defending. 6. LIMITS OF OUR LIABILITY Our liability is limited by the following: a. We will pay up to your actual loss or the Policy Amount in force when the claim is made - whichever is less. b. If we remove the daim against your title with reasonable diligence or take other action under this policy after receiving notice of it, we will have no further liability for it c. All payments we make under this policy -- except for costs, attorneys' fees and expenses -- will be subtracted from your Policy Amount. d. If the Covered Title Risk is an easement, we may pay an insured mortgage holder instead of paying you when a written agreement between you and the mortgage holder allows. If the claim involves another Covered Title Risk, we may pay the mortgage holder instead of paying you. The amount paid to the mortgage holder is considered a payment to you under your policy and will be subtracted from your policy amount. e. If you do anything to affect any right of recovery or defense you may have, we can subtract from our liability the amount by which you reduced the value of that right or defense. But we must add back to our liability any amount by which our expenses are reduced as a result of your action. stewart ~title guaranty company