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LP 5 Points Properties, LP-lots 1-9,blk 199
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LP 5 Points Properties, LP-lots 1-9,blk 199
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La Porte TX
Document Type
Deeds
Date
10/31/2008
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<br />CONDITIONS (continued and concluded) <br /> <br />14. ARBITRATION. <br />Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the <br />American Land Title Association ("Rules"). Except as provided in the Rules. there shall be no joinder or consolidation with claims or controversies of other per,son. <br />A~ble matters may include, but are not limited to. any controversy or claim between the Company and the Insured arising out of or relating to this policy. any service in <br />c, tion with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable <br />m',"wfS when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person <br />(as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the <br />Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) <br />may be entered in any court of competent jurisdiction. <br />15. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT.) <br />(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In inter- <br />preting any provision of this policy, this policy shall be construed as a whole. <br />(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. <br />(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of <br />this policy. <br />(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provision. Except as the endorsement <br />expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the <br />Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section I of the Conditions <br />shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorse- <br />ment or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. <br />16. SEVERABILITY. <br />In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that <br />provision or such part held to be invalid and all other provisions shall remain in full force and effect. <br />17. CHOICE OF LAW; FORUM. <br />(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in <br />reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction <br />where the Land is located. <br />Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are ad- <br />verse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine <br />the applicable law. <br />(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United <br />States of America or its territories having appropriate jurisdiction. <br />18. NOTICES, WHERE SENT. <br />Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at P.O. Box 2029, <br />Houston, Texas 77252-2029. <br /> <br />~PA1PLAINT NOTICE. <br />Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the Company <br />that issued the policy. If the problem is not resolved, you also may write the Texas Department of Insurance, P.O. Box 149091, <br />Austin, TX 78714-9091, Fax No. (512) 475-1771. This notice of complaint procedure is for information only and does not become <br />a part or condition of this policy. <br /> <br />-- <br /> <br />STEW ART TITLE <br />GUARANTY COMPANY <br />
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