Rigoni, Antonio and Ingrid
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8669659
J587PA6E1252
Order No. 206409-1'1S
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
-~TY of GIL-qOY
r ~~'5l Rosanna Street
Gilroy, CA 95020
REC FEE
rCRO
Recprded It the request of
COMMONWEALTH I,MD TITLE CO.
APN 783-20-017
JAN 2 9 1986
8:00
A.M.
SMPF
lAURIE KANE, Recorder
Santi Clara County, Official Records
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
saIne as above
[)()(U.1ENTARY TRANSFER TAX $....~~...~~~..................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
INSURED
Signature of Declarant or Agent determining tax - Firm Name
--
GRANT DEED
o
..
rt FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
I AN'IDNIO RIGONI and INJRID RIGONI, husband and wife
()
r/'I
, hereby GRANT{S) to
~ CITY of GILROY, a r~icipal corporation
C>o
r
the real property in the ~ the unincorporated area,
County of SAN'IJ'>.. CLARA
, State of California, described as
PARCEL ONE:
A.ll of Parcel 3, as shown upon that certain Record of Survey which was filed for
record on August 18, 1978, in Book 425 of r.1aps, page 7, Santa Clara County Records.
PARCEL Tv'VO:
A non-exclusive eaSEment for ingress and egress and utilities, over the Northerly 30
feet of Parcels 1 and 2, as said Parcels are shown upon that certain Record of Survey
recorded August 18, 1978, in Book 425 of Maps, page 7, Santa Clara County Records.
STATE OF CALIFORNIA
COUNTY OF Sl\N'T'A rr ARl\
On Janual:Y 16, 1986
I
lss.
I
~'~~'
::t;..onio Rigon~
d~'
/Z ~J
Ingdd Rigoni,
Dated
January 16, 1986
before me, the undersigned, a Notary Public in and for said State, per-
sonally appeared
l\nronio Riqoni ~nn Ingrid Rigoni
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed
the same.
rIlJ1II11/I"1II"""lJlIllJlIllIllIlI!ll.lllllllllllillfUlIlII"I/llIl1/II1111/lIlll<:
~ MARY SULLIVAN !E
~ ;' Notary PUbliC-CalifornIa ~
~ , Santa Clara County ~
ii", "" "" " ,MY comrn. expIres Dec. 14 """8 ~
~t.".f!,.~L.fd!!!:df:!~'uif':l1~'n'IT:;"ll :-...,. ' J rcJ' B::;:
.{ , . ,,,,_,",,~\',;~d.i,,w!ll!!jHl:rnnW~(ll:'~.i;"'-:;'
WITNESS my hand and official seal.
M. ,..." ^ ~ ~ O~./V\.... _ (This araa 'for official notarial seal)
Mary Sul~n
L) MAIL TAX STATEMENTS AS DIRECTED ABOVE
SignaturA
Form 3195
Telephone (408) 842-3191
QIitu of ~i1roU
7351 Rosanna Street,~e:--Bmr'M
GILROY, CALIFORNIA
95020
J 587PAGE1.253
SUSANNE E. STEINMETZ
CITY CLERK
CLERK'S CERTIFICATE
I, Susanne E. Steinmetz, City Clerk of the City of Gilroy do hereby
certify that the annexed extract from the minutes of the regular meeting of
the City Council of said City of Gilroy, held on the 6th day of January,
1986, has been compared by me with and is a true and correct copy of the whole
of such minutes in so far as such minutes relate to the matters therein referred
to.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
~~ p . this 24th day of January, 1986.
'Susanne ,E. ,Steinmetz
City ,Clerk of the City of Gilroy
(Seal)
(88)
J 58 7PAGE1254
EXCERPT FROM MINUTES OF CITY COUNCILS'
Regular Meeting of
January 6, 1986
"At 9:33 p.m. the Mayor adjourned the meeting to a Closed Session of the
Council regarding Litigation (Potential Condemnation of Property).
At 9:50 p.m. the Mayor reconvened the meeting. City Administrator Baksa
recommended the purchase of Rigoni Property located in the northwest quad, APN
783-20-017 in the amount of $360,000.00 (8 acres) subject to the seller paying
all closing costs and purchase to be funded from the Parks and Recreation Develop-
ment Fees.
Motion was made by Councilman Gage seconded by Councilman Kloecker and
carried tltat the City Administrator's recommendation to purchase the Rigoni
Property beauth,orized."
" . .. .
,,4'
POLICY OF TITLE INSURANCE
(iia ISSUED BY
l!. COMMONWEALTH LAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
POLICY NUMBER
605-218226
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF , COMMONWEALTH LAND TITLE
INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures the insured, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,
attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land,
in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim
thereof, arises out of the transaction evidenced by the insured mortgage and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the
order ofits priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B.
IN WITNESS WHEREOF the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned on Schedule A by an author-
ized officer or agent of the Company.
~1JjIT 1//1-
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
At,,,, ~; J) 7:f
By
0,1$-:::
EXCLUSIONS FROM COVERAGE
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)
water rights, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in
Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall
modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or
highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or
regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location
of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the
public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or
acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such
insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured
claimant had been a purchaser or encumbrancer for value without knowledge.
CLTA Standard Coverage Policy Form - 1973
Page 1
Form 1031-5
Valid Only If Schedules A, B and Cover Are Attached
ORI~INAL
-rr
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company may have had against the named insured,
those who succeed to the interest of such insured by operation of law as
distinguished from purchase including, but not l!rnited to, heir~, dis-
tributees, devisees, survivors, personal representatIves, next of km, or
corporate or fiduciary successors. The term "insured" also includes (i) the
owner of the indebtedness secured by the insured mortgage and each
successor in ownership of such indebtedness (reserving, however, all rights
and defenses as to any such successor who acquires the indebtedness by
operation of law as described in the lust sentence of this subparagraph (a)
that the Company would have had against the successor's transferor), and
further includes (ii) any governmental agency or instrumentality which is
an insurer or guarantor under an insurance contract or guaranty insuring or
guaranteeing said indebtedness, or any part thereof, whether named as an
insured herein or not, and (ill) the parties designated in paragraph 2(a) of
these Conditions and Stipulations.
(b) "insured claimant": an insured claiming loss or damage hereunder.
(c) "insured lender": the owner of an insured mortgage.
(d) "insured mortgage": a mortgage shown in Schedule B, the owner
of which is named as an insured in Schedule A.
(e) "knowledge": actual knowledge, not constructive knowledge ?r
notice which may be imputed to an insured by reason of any public
records.
(f) "land": the land described, specifically or by reference in Schedule
A, and improvements affixed thereto which by law constitute real
property; provided, however, the term "land" does not include any area
excluded by Paragraph No.6 of Part I of Schedule B of this Policy.
(g) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(h) "public records": those records which by law impart constructive
notice of matters relating to the land.
2. (a) CONTINUATION OF INSURANCE AFTER ACQUISITION OF
TITLE BY INSURED LENDER
If this policy insures the owner of the indebtedness secured by the
insured mortgage, this policy shall continue in force as of Date of Policy in
favor of such insured who acquires all or any part of the estate or interest
in the land described in Schedule A by foreclosure, trustee's sale,
conveyance in lieu of foreclosure, or other legal manner which discharges
the lien of the insured mortgage, and if such insured is a corporation, its
transferee of the estate or interest so acquired, provided the transferee is
the parent or wholly owned subsidiary of such insured; and in favor of any
governmental agency or instrumentality which acquires all or any part of
the estate or interest pursuant to a contract of insurance or guaranty
insuring or guaranteeing the indebtedness secured by the insured mor~gage.
After any such acquisition the amount of insurance hereunder, exclUSIve of
costs, attorneys' fees and expenses which the Company may be obligated
to pay, shall not exceed the least of:
(i) the amount of insurance stated in Schedule A;
(ii) the amount of the unpaid principal of the indebtedness plus
interest thereon, as determined under paragraph 6(a)(iii) hereof, expenses
of foreclosure and amounts advanced to protect the lien of the insured
mortgage and secured by said insured mortgage at the time of acquisition
of such estate or interest in the land; or
(iii) the amount paid by any governmental agency or instru-
mentality, if such agency or instrumentality is the insured claimant, in
acquisition of such estate or interest in satisfaction of its insurance
contract or guaranty.
(b) CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE
The coverage of this policy shall continue in force as of Date of Policy,
in favor of an insured so long as such insured retains an estate or interest in
the land, or owns an indebtedness secured by a purchase money mortgage
given by a purchaser from such insured, or so long as such ins!1led sh~
have liability by reason of covenants of warranty made by such msured m
any transfer or conveyance of such estate or interest; provided, however,
this policy shall not continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness secured by a
purchase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of aI1 insured in litigation to the extent that such
litigation involves an alleged defect, lien, encumbrance or other matter
insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in (a) above, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest or the lien of the insured
mortgage, as insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the estate
or interest or the lien of the insured mortgage, as insured, is rejected as
unmarketable. If such prompt notice shall not be given to the Company,
then as to such insured all liability of the Company shall cease and
terminate in regard to the matter or matters for which such prompt notice
is required; provided, however, that failure to not~y s~ll in no case
prejudice the rights of any such insured under thIS policy unless the
Company shall be prejudiced by such failure and then only to the extent of
such prejudice.
(c) The Company shall have the right at its own cost to institute and
without undue delay prosecute any action or proceeding or to do any
other act which in its opinion may be necessary or desirable to establish
the title to the estate or interest or the lien of the insured mortgage, as
insured; and the Company may take any appropriate action, whether or
not it shall be liable under the terms of this policy, and shall not thereby
concede liability or waive any provision of this policy.
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final determination
by a court of competent jurisdiction and expressly reserves the right, in its
sole discretion, to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured hereunder shall secure to the Company the right to so prosecute or
provide defense in such action or proceeding, and all appeals therein, and
permit the Company to use, at its option, the name of such insured for
such purpose. Whenever requested by the Company, such insured shall give
the Company, at the Company's expense, all reasonable aid (1) in any such
action or proceeding in effecting settlement, securing evidence, obtaining
witnesses, or prosecuting or defending such action or proceeding, and (2)
in any other act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest or the lien of the
insured mortgage, as insured, including but not limited to executing
corrective or other documents.
4. PROOF OF LOSS OR DAMAGE - LIMITATION OF ACTION
In addition to the notices required under Paragraph 3(b) of these
Conditions and Stipulations, a proof of loss or damage, signed and sworn
to by the insured claimant shall be furnished to the Company within 90
days after the insured claimant shall ascertain or determine the fact~ giving
rise to such loss or damage. Such proof of loss or damage shall deSCrIbe the
defect in, or lien or encumbrance on the title, or other matter insured
against by this policy which constitutes the basis of loss or damage, and,
when appropriate, state the basis of calculating the amount of such loss or
damage.
Should such proof of loss or damage fail to state facts sufficient to
enable the Company to determine its liability hereunder, insured claimant,
at the written request of Company, shall furnish such additional
information as may reasonably be necessary to make such determination.
No right of action shall accrue to insured claimant until 30 days after
such proof of loss or damage shall have been furnished.
Failure to furnish such proof of loss or damage shall terminate any
liability of the Company under this policy as to such loss or damage.
Conditions and Stipulations Continued Inside Cover
B-1031-5
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE A
Issued with Policy No.
Policy No.
single
Premium
605-218226
$360,000.00
$1,145.00 Basic
January 29, 1986 at 8:00 a.m.
206409
Amount of Insurance
Date of Policy
File No.
1. Name of Insured:
CITY OF GILROY
2. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF GILROY, a Municipal corporation
3. The estate or interest in the land described in Schedule C and which is
covered by this policy is:
A Fee as to Parcel 1; Easement as to Parcel 2
By:
~
Page 1
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys;
fees of expenses, any or all of which arise by reason of the following:
PART I
All matters set forth in paragraphs 1 (one) to 9 (nine) inclusive on the front cover
sheet of this policy under the heading of Exclusions from Coverage.
PART II
1. A 40 foot proposed road, the center line of which being the Northerly boundary
line of the land herein described, as disclosed in the Deed from F. J.
McWi11iamson & Bessie Powell McWi11iamson, his wife, to Peter Edward Bogisich and
Mary L. Bogisich, recorded March 14, 1946 in Book 1350 of Official Records, page
56.
Reference is hereby made to the record thereof for further particulars.
2.
An easement
herein, and
In Favor Of
For
Recorded
Instrument
Affects
affecting the portion of said land and for the purposes stated
incidental purposes, as contained in the instrument
Coast Counties Gas and Electric Company
a single line of poles
August 8, 1950
No. 655246
the exact location thereof cannot be ascertained
from the records of Santa Clara County
Reference is hereby made to the record thereof for further particulars.
3. An irrevocable offer to dedicate an easement for storm drainage purposes
affecting the portion of said land stated herein,
Executed by Frank E. Coulombe and Ruth E. Coulombe
In favor of County of Santa Clara
Recorded July 21, 1978 in Book B 829 Page 545, Official
Records
Affects Southerly 20 feet
Reference is hereby made to the record thereof for further particulars.
Page 2
COMMONWEALTH LAND TITLE INSURANCE COMPANY
SCHEDULE C
The land referred to herein is described as follows:
All that certain property situate in the unincorporated area, County of Santa Clara,
State of California, described as follows:
PARCEL ONE:
All of Parcel 3, as shown upon that certain Record of Survey which was filed for
record on August 18, 1978 in Book 425 of Maps, page 7, Santa Clara County Records.
PARCEL TWO:
A non-exclusive easement for ingress and egress and utilities, over the Northerly 30
feet of Parcels 1 and 2, as said Parcels are shown upon that certain Record of Survey
recorded August 18, 1978 in Book 425 of Maps, page 7, Santa Clara County Records.
(ARB #783-30-12.01)
Page 3
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CONDITIONS AND STIPULATIONS
(Continued)
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND
OPTIONS TO PURCHASE INDEBTEDNESS
The Company shall have the option to payor otherwise settle for or in
the name of an insured claimant any claim insured against, or to terminate
all liability and obligations of the Company hereunder by paying or
tendering payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred up to the time of
such payment or tender of payment by the insured claimant and
authorized by the Company. In case loss or damage is claimed under this
policy by the owner of the indebtedness secured by the insured mortgage,
the Company shall have the further option to purchase such indebtedness
for the amount owing thereon together with all costs, attorneys' fees and
expenses which the Company is obligated hereunder to pay. If the
Company offers to purchase s;rid indebtedness as herein provided, the
owner of such indebtedness shall transfer and assign said indebtedness and
the mortgage and any collateral securing the same to the Company upon
payment therefor as herein provided. Upon such offer being made by the
Company, all liability and obligations of the Company hereunder to the
owner of the indebtedness secured by said insured mortgage, other than
the obligation to purchase said indebtedness pursuant to this paragraph, are
terminated.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no case
exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance sta ted in Schedule A, or, if applicable,
the amount of insurance as defined in paragraph 2(a) hereof; or
(iii) if this policy insures the owner of the indebtedness secured
by the insured mortgage, and provided said owner is the insured claimant,
the amount of the unpaid principal of said indebtedness, plus interest
thereon, provided such amount shall not include any additional principal
indebtedness created subsequent to Date of Policy, except as to amounts
advanced to protect the lien of the insured mortgage and secured thereby.
(b) The Company will pay, in addition to any loss insured against by
this policy, all costs imposed upon an insured in litigation carried on by the
Company for such insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written authorization of the
Company.
(c) When the amount of loss or damage has been definitely fixed in
accordance with the conditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, or the lien of the
insured mortgage, as insured, within a reasonable time after receipt of such
notice; (b) in the event of litigation until there has been a final
determination by a court of competent jurisdiction, and disposition of all
appeals therefrom, adverse to the title or to the lien of the insured
mortgage, as insured, as provided in paragraph 3 hereof; or (c) for liability
voluntarily admitted or assumed by an insured without prior written
consent of the Company.
8. REDUCTION OF INSURANCE; TERMINATION OF LIABILITY
All payments under this policy, except payment made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto; provided, however, if the owner of the indebtedness secured by the
insured mortgage is an insured hereunder, then such payments, prior to the
acquisition of title to said estate or interest as provided in paragraph 2(a)
of these Conditions and Stipulations, shall not reduce pro tanto the
amount of the insurance afforded hereunder as to any such insured, except
to the extent that such payments reduce the amount of the indebtedness
secured by such mortgage.
Payment in full by any person or voluntary satisfaction or release of
the insured mortgage shall terminate all liability of the Company to an
insured owner of the indebtedness secured by the insured mortgage, except
as provided in paragraph 2(a) hereof.
CLTA Standard Coverage Policy Form - 1973
Cover Page
1^""" '"
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy, as to the insured owner of the estate or interest covered by this
policy, shall be reduced by any amount the Company may pay under any
policy insuring (a) a mortgage shown or referred to in Schedule B hereof
which is a lien on the estate or interest covered by this policy, or (b) a
mortgage hereafter executed by an insured 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 this policy. The Company shall have
the option to apply to the payment of any such mortgage any amount that
otherwise would be payable hereunder to the insured owner of the estate
or interest covered by this policy and the amount so paid shall be deemed a
payment under this policy to said insured owner.
The provisions of this paragraph 9 shall not apply to an owner of the
indebtedness secured by the insured mortgage, unless such insured acquires
title to said estate or interest in satisfaction of said indebtedness or any
part thereof.
10. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have paid or settled a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant, except that the owner of the indebtedness
secured by the insured mortgage may release or substitute the personal
liabiI:ty of any debtor or guarantor, or extend or otherwise modify the
terms of payment, or release a portion of the estate or interest from the
lien of the insured mortgage, or release any collateral security for the
indebtedness, provided such act occurs prior to receipt by such insured of
notice of any claim of title or interest adverse to the title to the estate or
interest or the priority of the lien of the insured mortgage and does not
result in any loss of priority of the lien of the insured mortgage. The
Company shall be subrogated to and be entitled to all rights and remedies
which such insured claimant would have had against any person or
property in respect to such claim had this policy not been issued, and the
Company is hereby authorized and empowered to sue, compromise or
settle in its name or in the name of the insured to the full extent of the loss
sustained by the Company. If requested by the Company, the insured shall
execute any and all documents to evidence the within subrogation. If the
payment does not cover the loss of such insured claimant, the Company
shall be subrogated to such rights and remedies in the proportion which
said payment bears to the amount of said loss, but such subrogation shall
be in subordination to an insured mortgage. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall as to such insured claimant be required to
pay only that part of any losses insured against hereunder which shall
exceed the amount, if any, lost to the Company by reason of the
impairment of the right of subrogation.
11. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other instruments,
if any, attached hereto by the Company is the entire policy and contract
between the insured and the Company.
Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the lien of the insured mortgage or of the
title to the estate or interest covered hereby, or any action asserting such
claim, shall be restricted to the provisions and conditions and stipulations
of this policy.
No amendment of or endorsement to this policy can be made except
by writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of sUl:h loss or destruction shall be furnished to the
satisfaction of the Company.
12. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to Com-
monwealth Land Title Insurance Company, Eight Penn Center, Philadel-
phia, Pennsylvania 19103.
13. THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE
CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE
INSURANCE.
Valid Only If Schedules A and B Are Attached
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