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<br />CONDITIONS AND STIPULA nONS
<br />(continued)
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<br />(d) Whenever the Company shall have brought any action or
<br />interposed a defense as required or permitted by the provisions
<br />of this policy, the Company may pursue any such litigation to
<br />final determination by a court of competent jurisdiction and
<br />expressly reserves the right, in its sole discretion, to appeal
<br />from any adverse judgment or order.
<br />
<br />(e) Whenever requested by the Company, such insured shall give
<br />the Company all reasonable aid in any such action or proceed-
<br />ing, in effecting settlement, securing evidence, obt~ning wit-
<br />nesses, or prosecuting or defending such action or proceeding,
<br />and the Company shall reimburse such insured for any
<br />expense so incurred.
<br />
<br />(0 Any action taken by the Company for the defense of the
<br />Insured or to establish the title as insured, or both, shall not lJe
<br />construed as an admission ofIiability, and the Company shall
<br />not thereby be held to concede liability or waive any provision
<br />of this policy,
<br />
<br />...
<br />.;,
<br />
<br />4, Payment of Loss
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<br />(a) No claim shall arise or be maintainable under this policy for
<br />liability voluntarily assumed by the Insured in settling any
<br />claim or suit without written consent of the Company.
<br />
<br />(b) All payments under this policy, except payments made for
<br />costs, attorney fees and expenses, shall reduce the amount of
<br />the insurance pro tanto; and the amount of this policy shall be
<br />reduced by any amount the Company may pay under any
<br />policy insuring the validity or priority of any lie~ excepted to
<br />herein or any instrument hereafter executed by the Insured,
<br />which is a charge or lien on the land, and the amount so paid
<br />shall be deemed a payment to the Insured under this policy.
<br />
<br />(c) The Company shall have the option to payor settle or com-
<br />promise for or in the name of the Insured any claim insured
<br />against by this policy. and such payment or tender of pay-
<br />ment. together with all costs, attorney fees and expenses which
<br />the Company is obligated hereunder to pay, shall terminate all '
<br />liability of the Company hereunder as to such claim. Further.
<br />
<br />Texas Owner Policy - T - 1
<br />CLTIC Form 1048-16
<br />
<br />Cover Page (3-1-85)
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<br />the payment or tender of payment of the fUll amount of this
<br />policy by the Company shall terminate all liability of the
<br />Company under this policy,
<br />
<br />(d) Whenever the Company shall have settled a claim under this
<br />policy, all right of subrogation shall vest in the Company
<br />unaffected by any act of the Insured, and it shall be subro-
<br />gated to and be entitled to all rights and remedies of the
<br />Insured against any person or property in respect to such
<br />claim. The InSured" if requested by the Company, shall
<br />transfer to the Company all rights and remedies against any
<br />person or property necessary in order to perfect such right of
<br />subrogation, and shall permit the Company to use the name
<br />of the Insured in any transaction or litigation involving such
<br />rights or remedies,
<br />
<br />5. Policy Entire Contract
<br />
<br />Any action, actions or rights of action that the Insured may have,
<br />or may bring, against the Company, arising out of the status of the
<br />title insured hereunder, must be based on the pro,visions of this
<br />policy, and all notices required to be given the Company, and any
<br />statement in writing required to be furnished the Company, shall
<br />be addressed to its home office, Eight Penn Center, Philadelohia,
<br />Pennsylvania 19103.
<br />
<br />6. This Policy is not Transferable, ,
<br />
<br />" COMPLAINT NOTICE:
<br />
<br />Should any dispute arise about your premium or about a
<br />claim that you have filed, contact the agent or write to
<br />the company that issued the policy. If the problem is not
<br />solved, you may also write the State Board Of Insurance,
<br />Department C, 1110 San Jacinto Blvd., Austin, TX,
<br />78776. This notice of complaint procedure is for informa-
<br />tion only and does not become a part or condition of this
<br />policy.
<br />
<br />Valid Only If Schedules A and B Are Attached
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