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<br />;amercza~ c~tanc~arc~ ~nsurance ~ompan~ a:>:w
<br />A Corporation of Fort North, Texas (herein called the Company). !i:?;.°
<br />value Received DOES HEREBY GUARANTEE To ARLIE W. BRANTLEY AND WIFE, A. JANIE ~.•:
<br />ANTLEY T> ~"
<br />.rein styled avsured,their heirs, executors and administrators, that the y ha Ve goad and .~•~''
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<br />Indefeasible title to the following described real property: ~:~::
<br />"'~ Lot One Hundred Sixty One (161), in Block Ten (10) of SPENWICK PLACE, SECTION TWO `"?.`
<br />"~ (2), an addition in Harris County, Texas, according to the map or plat thereof record; ~'.~
<br />~,~~', ed is Volume 48, Page 11, of the Map Records, Harris County, Texas, said property ;~:;:
<br />being particularly described in Deed dated December 2, 1965, from M. D. Ray and Frane;e~ :
<br />"~ E. Ray to the insured herein. ~--''
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<br />;;p subject to: I;~','
<br />::~ 1. Following liens: N :_~
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<br />•~ 2. Restrictive covenants affecting the property above described. ~.~r_
<br />~ 3. Any discrepancies, conflicts, or shortages in Brea or boundary lines, or any encroachments or any overlapping of ~_~ ,
<br />, improvements which a correct sun•ey would show.
<br />:~ 4. Taxes for the year~L~and subsequent years. :>~
<br />'j, 6. Rights of parties in possession. ~ '^>~d
<br />6. Five (5) foot ground public utility easement over the rear, and five (5) foot T?:~;
<br />:~ aerial easement adjoining all ground easements as shown on the recorded plat of said;?_•°
<br />addition. ;:>"
<br />7. Fifteen(15) foot drainage easement on either aide of all gullies, ravines and ?:?'
<br />otk~e~dt~(atural d~ain$~r1, r6pyrses as shown ~n the recorded plat of said addition. .•>~t
<br />ornpany sha 1 not ra a to a greater amount t an actual monetary loss of assured, and in no event shall said ~7'
<br />Company be liable Cor more than THREE THOUSAND AND NO/100 - - Dollars, yet,
<br />9 and shall, at its own cost, defend said assured in every suit or proceeding on any claim against or right to said land, or ~,:~"
<br />any part thereof, adverse to the title hereby guaranteed, provided the party or parties entitled to such defense shall,
<br />:~ within a reasonable time after the commencement of such suit or proceeding and in ample time for defense therein, give ~~-?.:':
<br />said Company written notice of the pendency of the suit or proceeding, and authority to cletend, and said Company ~~: ~.
<br />shall not be liable until such adverse interest, claim, or right shall have been held valid by n court of last resort to i~;~.'
<br />:~ which either litigant may apply, and if such adverse interest, claim, or right so established shall be for Icss than fire
<br />whole of the prolerty, then the liability of the Company shall be only such part of the whole liability limited above as ;;j .'
<br />shall bear the same ratio to the whole liability that the adverse interest, claim, or right established may bear to the ,,.~
<br />5, whole property, such ratio to be based on respective values determinable as of the date of this policy. In the absence
<br />,j of notice as aforesaid, the Company is relieved from all liability with respect to such claim or demand; provided, haw- ~};>'•'
<br />ever, that failure to notify shall not prejudice the claim of the assm~ed, rf such assured shall not be a party to such ~,~~;~
<br />7 action or procedure, nor be sen•ed wrth process therein, nor have any knowledge thereof, nor in any case, unless the
<br />j Company shall be actually prejudiced by such failure. ;,;> .
<br />6 Upon payment of any loss hereunder, the Company shall be entitled to be subrogated to all rights of assured against ~•j.;
<br />~ all other parties.
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<br />Upon sale of the property covered hereby, this policy automatically thereupon shall become a warrantors policy and ~;;>,'
<br />the assured, his heirs, executors and administrators, shall for a period of twenty-(ice years from date hereof remain :,.~':
<br />~ fully protected according to the terms hereof, by reason of the payment of any loss he or they may sustain on account
<br />jot any .varranty contained in the deed executed by assured com•eying said property. 9'he Company to be liable under 1;>~~
<br />• said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof (and not excepted
<br />'! above), such liability not to exceed the amount above written.
<br />{ Nothing contained in this policy shall be construed ns insuring against loss or damage by reason of fraud nn the '~~>. Y
<br />j part oC tho assured; or by reason nC claims arising under any obligation of the assured; or under any act, thing, or %;j_:~
<br />trust relationship, done, created, suffered or permitted by the assured.
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<br />IN WITNESS ~VHi:REOF, this Company has executed and attested these presents; but this policy shall not be
<br />valid unless countersigned by the duly authorized Agent or 12epresentative of the Company, !1;>;:
<br />~eAO i,,""•~. (SEE REVEILSE SIDE HEREOF)
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