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Thomas M. Hood Survey, Abstract No. 706 (Lot 2) - ROW rGl" 1\ t,.T ,/, j,,~i "1..-':}! If .., iJ ,L \, /" \;.' \. ;,:h ___/ '-r Tj'>~ .. .. "1/1.//,1/ ( ,r f ' ,Ir. ,_ (;'1 ;' ~ ....... CITY OF SOUTHLAKE ROAD RIGHT-OF-WAY -",- ./ STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: . '~. --- -~-- COUNTY OF TARRANT That Harold Knight & J.L. Clow hereinafter referred to as "Grantor", Forty-three thousand for and in consideration of Ann fifty ~ix nnllArG($43.056. ) and other good and valuable consideration paid to Grantor by the City of Southlake, a municipal corporation of Tarrant County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, do grant, bargain, and convey unto said City of Southlake, its successors and assigns, the use and passage in, over, across, below and along the following parcel or tract of land situated in Tarrant County, Texas, in accordance with the exhibit hereto attached: See attached Exhibit "A" for metes and bounds See attached Exhibit "B" for a graphical description TO HAVE AND TO HOLD the above described premises, together with, all and singular rights and appurtenances thereto in anywise belonging, unto the said City of Southlake, its successors and assigns, forever. And I do hereby bind myself, my heirs, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the City of Southlake, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is intended by these presents to convey right-of-way to the said City of Southlake to maintain and construct the above described improvements with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. The driveway ingress and egress provisions located at the north east corner of the subject tract shall be replaced as part of the planned paving and drainage improvements. WITNESS MY HAND this )J1 day of 4~ , 2000. By: 'I Itt fI1- 1~a1f .? ~"-, ~ 'Grantor i v 7,~i(!~ " it-' STA TE OF TEXAS 9 COUNTY OF TARRANT 9 TIDS INSTRUMENT was acknowledged before me on this " (/l ,:Ie I day of '{ l J___ ".'-' , 2000. J17 ~ . j Ii, / /()!th-i)A~ II 7Lc',';j/i<-!u ti--/ Notary Public in and for the State of Texas j~nd r i- \- I k e., U-YC'U1 c~ Type or Print Notary Name My Commission Expires: .J- / 1 ) JiJi! I I Grantors Name and Address: Harold Knight & J. L. Claw 190 W. Northwest Parkway, Ste E Southlake, TX 76092 Approved by City of Southlake, ~e ?Jo day of ~ 2000. ,\\\\\, I i 1111! /JI/1. \\\.,. 't!", /11 ,.;;;' . ..n., ",.,t\f:.' .~:' ~:> ,,- 1>f:O.."'e>"' ',l.. ~ - 0''"' r.sQ4 ' OfJOf/: ",," <:-~,:. Attest $: (/j- ..-. '.~ .~. "~ ~ ~-.: -l f'\...- '..'~,~,-:;:, ~ ::: {i.. : <"!"'~;'<~ ~ ::,,,, .~;: _ 0 : If):'~ : 0) ~ :JI -. '/ .. '- J :: ~\ I l f.:f . ~ ~ c , CIty Secretary .~ ~..:q,. .l' ,~::- ~ ,I .C'olJ.",,,,.e4l,,,,~lZe(" ~",~"':~. Q;.,....~~, ' ~.rl'!: ~.>\\., 4 ~l/nnnn\\\'\ Return to: City of Southlake 1725 E. Southlake Blvd. Southlake, Texas 76092 2 PARCEL NO.4 CITY OF SbUTHLAKE SOUTHLAKEINTERSECTION WHITE CHAPEL AND STATE HIGHWAY NO. 114 EXHIBIT" A" PERMANENT STREET RIGHT-OF-WAY THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 T ARRANT COUNTY, TEXAS SITUATED in the City of South lake, Tarrant County, Texas and being a strip ofland out of the Thomas M. Hood Survey, Abstract No. 706, said strip being out of a tract ofland conveyed to Harold Knight and J.L. Clow as "Tract II" by deed as recorded in Volume 7046, Page 1593 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), said strip ofland being herein described as a proposed variable width Permanent Street Right-of- Way and being herein more particularly described by metes and bounds as follows: BEGINNING at a W' iron rod found at the southeast property comer ofthe said Harold Knight and J.L. Clow tract, said point being on the existing westerly right-of-way line of White Chapel Boulevard, said point also being the northeast property comer of a tract of land conveyed to Town and Country Food Stores, Inc. by deed recorded in Volume 9447, Page 2362 of the D.R.T.C.T. ; THENCE, North 89 degrees 34 minutes 43 seconds West, along the common property line of the said Town and Country tract and the said Harold Knight and J.L.Clow tract, 21.12 feet to a point; THENCE, North 00 degrees 41 minutes 44 Seconds West, 248.39 feet to a point on the north property line of the said Harold Knight and J.L. Clow tract, said point also being on the south property line of a tract of land conveyed to Jeroll and Frances Shivers by deed as recorded in Volume 8782, Page 141 ofthe D.R.T.C.T.; THENCE, North 89 degrees 40 minutes 52 seconds East, along the said property lines, 22.20 feet to the northeast property comer of the said Harold Knight and lL. Clow tract and the southeast property comer of the said Jeroll and Frances Shivers tract, said point also being on the said existing westerly right-of-way line of White Chapel Boulevard; THENCE, South 00 degrees 26 minutes 53 seconds East, along the east property line of the said Harold Knight and J.L. Clow tract and the said right-of-way line, 248.66 feet to the POINT OF BEGINNING. The proposed variable width Permanent Street Right-of-way herein described contains (0.1235 acres 5,382 sq. ft.) ofland. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. 4A~. 4~ OF ~ /r- '\ \', " 1'(.. "1i\ II) ,\, ," \:-; f/'/rf,'-f ':r Ii. ,''-, 'C. * '<) '/ .\\ /,. ''-:;, . "* . fl;. \ I) . , ('< ~HAlIN c.; :'-:POONER ~ \~ ~IBo (/ \) "-;,, " ,), ~'Y, J./ \' '\. V. """. ,.I.... ,/ \,/ I'{.:.,;:-;\O. .O't/ "~ IJ / \'"'\ ..,/ ..........;" :"nJ\{~"",", ' ......v' Company Name: Spooner and Associates, Inc. By: ~~D~"'L Shaun Spooner Registered Professional Land Surveyor, Texas No. 4183 Date of Survey: 4-19-2000 R.O.W. DESC. FOR HNTB PARCEL NO. 4 SOUTHLAKE INTERSECTION IMPROVEMENTS WHITE CHAPEL & STATE HIGHWAY 114 CITY OF SOUTH LAKE 1721 EAST SOUTHLAKE BLVD. SOUTH LAKE, TEXAS 76092 SURVEY: THOMAS M. HOOD ABST. NO. 706 LOCATION: SOUTH LAKE, TARRANT COUNTY, TEXAS RIGHT-OF-WAY ACQUISITION: PERM. STREET RIGHT-OF-WAY: 0.1235 AC. WHOLE PROPERTY AREA: 1.5400 AC. (DRAWING OF EXHIBIT "A" ) JEROLL ok FRANCES SHIVERS VOL 8782, PG. 141 D.R. T.C. T. N89.40'52"E 22.20' SURVEY UNE --------- 47.00' THOMAS M. HOOD SURVEY ABSTRACT NO. 706 HAROLD KNIGHT & J. L. CLOW 1.54 AC. "TRACT II" VOL. 7046. PG. 1593 D.R.T.C.T. EXHIBIT H A" PROPOSED VARIABLE WIDTH PERMANENT STREET R.O. W. 0.1235 AC. (5.382 SQ. FT.) N89.34' 43"W 21.12' I I I TOWN AND COUNTRY FOOD STORES, INC. VOL. 9447, PG, 2362 D,R, T,C, T. o 50' ~ GRAPHIC SCALE IN 1" = 50' }&J tI') ll) <D N b o CJ) I I-+- I I I I I I I I I I I I I I I I I I I I I o 0:: ~ > W -.J => o m -.J W a.. ~ I () W ~ I ;: w z I~ I~ w IR ~LB. EXHIBIT nA't SPOONER & ASSOC. REGISTERED PROFESSIONAL LAND SURVEYORS JOB NO. 856 DATE: 4-19-00 COGO FILE: NONE ACAD FILE: 856-CHAPEL-114 DRAWN BY: A.K.D. 352 HURST BLVD. COMPUTED BY: S.G.S. (~~ir 2~!:90i13 CHECKED BY: S.G.S. 0200181730 CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORO--O 0 NOT 0 EST ROY I N D E X E 0 -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: FIDELITY NATIONAL TITLE RECEIPT NO 200328110 REGISTER DR91 RECD-BY CAP PRINTED DATE TIME 08/15/2000 14:03 1 INSTRUMENT FEECD D200l81730 WD INDEXED TIME 20000815 14:03 CK 7080 TOT A L DOCUMENTS: 01 FEE S: 15.00 B Y: -~---............ -- ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Owner Policy of Title Insurance Issued by . Fidelity National Title INSURANCE COMPANY N~~~~~ '27 -34-93- 1 0 1 86 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COV- ERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the Insured by reason of: ], 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 tmuthe title;n 3, Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or material having its inception on or before Date of Policy; 4. Lack of a right of access to and from the land; 5. Lack of good and indefeasible title. The Company also will pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS HEREOF, Fidelity National Title Insurance Company has caused this Policy to be executed by its President under the seal of the Company, but this Policy is to be valid only when it bears an authorized countersignature, as of the date set forth in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY BY :/fk~!ff ( ~t ATTEST ~'-EX~~6\\M=KCU\0 -. FORM 27-34-93 (1-1-93) REPRINTED (1/94) TEXAS FORM T - 1: OWNER POLICY OF TITLE INSURANCE Effective 1-1-93 FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE A File Number: 254424-T-0066 Policy Number: 27-34-93-10186 bjs Amount of Insurance: $43,076.00 Premium: $618.70 Date of Policy: August 15, 2000 at 02:03 p.m. 1. Name of Insured: The City of Southlake 2, The estate or interest in the land covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is insured as vested in: The City of South lake 4, The land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FORM T-1: Residential Owner Policy of Title Insurance GF No. 254424-T-0066 Policy No. 27-34-93-10186 bjs EXHIBIT "A" SITUATED in the City of Southlake, Tarrant County, Texas, and being a strip of land out of the Thomas M. Hood Survey, Abstract No. 706, said strip being out of a tract of land conveyed to Harold Knight and J.L. Claw as "Tract II" by Deed as recorded in Volume 7046, Page 1593, of the Deed Records of Tarrant County, Texas, said strip of land being herein described as a proposed variable width permanent street right-of-way and being herein more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the Southeast property corner of the said Harold Knight and J.L, Clow tract, said point being on the existing Westerly right-of-way line of White Chapel Boulevard, said point also being the Northeast property corner of a tract of land conveyed to Town and Country Food Stores, Inc. by Deed recorded in Volume 9447, Page 2362, of the Deed Records, Tarrant County, Texas; THENCE North 89 degrees 34 minutes 43 seconds West, along the common property line of the said Town and Country Tract and the said Harold Knight and J.L. Claw Tract, 21.12 feet to a point; THENCE North 00 degrees 41 minutes 44 seconds West, 248.39 feet to a point on the North property line of the said Harold Knight and J.L. Claw Tract, said point also being on the South property line of a tract of land conveyed to Jeroll and Frances Shivers by Deed recorded in Volume 8782, Page 141, of the Deed Records, Tarrant County, Texas; THENCE North 89 degrees 40 minutes 52 seconds East, along the said property lines, 22.20 feet to the Northeast property corner of the said Harold Knight and J.L. Clow Tract and the Southeast property corner of the said Jeroll and Frances Shivers Tract, said point also being on the said existing Westerly right-of-way line of White Chapel Boulevard; THENCE South 00 degrees 26 minutes 53 seconds East, along the East property line of the said Harold Knight and J.L. Clow Tract and the said right-of-way line, 248.66 feet to the Point of Beginning. The proposed variable width permanent street right-of-way herein described contains 0.1235 acres and 5,382 square feet of land, more or less. NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. FORM T.': Residential Owner Policy of Title Insurance GF No. 254424-T-0066 Policy No. 27-34-93-10186 bjs b. Rights of parties in possession. FIDELITY NA~IO~l-TITLE AGENCY, INC>) /.~/ /,7. / / (/1 '.~""'" ." / ~, i~-~'" '-..~~/.// (Authorized Countersignaturel-- Countersigned at:-~i:~M&~-. Texas FORM T.': Residential Owner Policy of Title Insurance EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ot this Policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: , . .. 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohlbitifll! or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereaft,er erected on the ~nd; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unles.s notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking that tias occurred prior to Date of policy which would be bindinQ on the rights of a purchaser for value without knowledge, 3, Defects, liens, encumbrances, adverse claims or other matt!!rs: !a) created, suffered, assumed or agreed to by the insured claimant; b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this Policy; [Cl resulting in no loss or damage to the insured claimant; d attaching or created subsequent to Date of Policy; e resulting in loss or damage that would not have been sustained if the insured claimant had paid value for the estate or interest insured by this Policy, 4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of unmarketability of the title. . 5, Any claim which arises out of the transaction vesting in the person named in paragraph 3 of Schedule A the estate or interest insured by this ~I!w, by reason of the operation of federal bankruptcy, state insolvency, or other state or federal creditors' nohts laws that is based on either Ii) the transaction crelj' the estate or interest insl,Jred by this Policy bemo deemed a frauOulent conveyance or fraudulent trarfsfer or a voidable distribLft.ion or voidable dividll[ld ii the svOOrdinalion or recharact~rization of tl'\e estaTe or Interest insured by thiS Polfcy as a result of the application of the doctrine Of eqUitable subordination or (Iii) ransaction creatino the estate or interest insured by this Policy beino deemed a preferential transfer except where the preferential transfer results from the failure of the Company or its isS'uino agent to timely file for recOrd the insfrumerfl of transfer to the insured after delivery or the failure of such recordation to impart notice to a purchaser lor value or 11 ju~gment or li~n creditor. 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 would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distingUished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate, partnership or fiduciary successors, and specifically, without limitation, the following: (i) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of the corporation upon partial or complete liquidation; !ii) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; iil) the successors in interest to a general or limited partnership resulting from the distribution of the assets of the general or limited partnership upon partial or complete liquidation; {iV) the successors in interest to a joint venture resulting from the distribution of the assets of the joint venture upon partial or complete liquidation; v) the successor or substitute trustee(s) of a trustee named in a written trust instrument; or VI) the successors in interest to a trustee or trust resulting from the distribution of all or part of the assets of the trust to the beneficiaries thereof, !b) 'insured claimant": an insured claiming loss or damage. c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice that may be imputed to an insured by reason of the public records as defined in this Policy or any other records which impart constructive notice of matters affecting the land. (d) "land': the land described or referred to inScheduleA"andimpWllemeats.affixecUtlereto,tIlat-by-Iaw-ooFlstit1Rereal property. The term 'land' does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this Policy. !e) "mortgage": mortgage. deed of trust, trust deed, or other security instrument f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclu,;ions From CoveraQe, "public records' also shall include environmental protection liens filed in the records of the crerk of the United States district court for the district in which the land IS located. (g) "access": legal right of access to the land and not the physical condition of access, The coverage provided as to access does not assure the adequacy of access for the use intended, 2. 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 only so long as the Insured retains an estate or interest in the land, or holds an Indebtedness secured by a purchase money mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of covenants of warranty made by the Insured in any transfer or conveyance of the estate or interest This Policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the land, or Iii) an indebtedness secured by a purchase money mortgage given to the Insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, or (ii) in case knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the title to the estate or interest, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this Policy, If prompt notice shall not be given to the Company, then as to the Insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Insure<f under this POlicy unless the Company shall be prejudiced by the failure ~nd then onlytotn,ee,xtent-oUtle prej\;ldl~e. WRe~t after the ~ate at tI'Ie r~Ii~. ~e Instl,red notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect In title to the estate or .lnterest In the la~d Insured by thiS ohcy that I~ not exclu~ or excepted from the coverage of this Policy the Company shall promptly investigate the charge to determine whether the hen, encumbrance, adverse claim or defect IS valid and not barred by law or statute, The Company shall notify the Insured in writing, within a reasonable ti~e, of its det~rmination as to t~ valid.ity or invalidity of ~e Insured's claim or charge under the Policy. If.the Company c~nclud~s that the !ien, enc~mbrance, adverse claim or def~ IS not coyered by thiS PoliCY, or was otfie~ addressed in the closing of the transaction In connection With which thiS Pohcy was Issued, the Company shall speCIfically adVise the Insur~ of thE: reaSl?n~ ~r its determination, If the Company concludes that the lien, encumbrance, adverse claim or defect, is valid, the Compa~y shal~ t~k~ one o! the follOWIng actions: ,(I) In~~e the necessary proceedings to clear the lien, encumbrance, adverse cla,"~ or defect fr~m the title, to the estate as tnsured, (II) Indemnify the Insured as provided In thiS Policy; (iii) upon payment of appropriate premium and charges there!or, Issue to ~he msured.c1almant or to a subsequent o~ner. mortga~ or ~older of ~e estate or interest in the land insured by this Policy, a Policy of Title Insurance Without exception for the hen, enc~mbrance, ~dvE:rse claim or defect, ~id Policy' to ~ I~ a~ amount equal to the current value of the property or, if a Mortgagee Pohcy, the amount of the loan; (IY) Indemnify another title Insurance company In connectl~n with .its Issua!1C9 of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the hen, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein, c, ') 4. DEFENSE AND PROSECUTION OF ACTIONS: DlJTY OF INSURED CLAIMANT TO COOPERATE. . (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stioulations, the ~ny, at its own cost and without reasonable delay shall provide for the defense of an Insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this Policy, The Company shall have t~ right to select counsel of its choice (subject to the rignt of the Insured to object for reaso,nable cause) to represent the Insured ,as to those stated ca~s of action and shall not be liable for and wil! not pay the fees of any other counsel, The Company will not pay any fees, costs or expenses Incurred by the Insured In the defense of those causes of action that allege matters not insured against by this Policy", ,. , . (b) The Company shall have the rig nt, at its own cost, to institute and prosecute any action or proceeding or to do any other act that In Its Opinion may be necessary or desirable to establish the title to the estate or interest as insured, or to prevent or reduce loss or damage to the Insured, The Company may take anyappropnate action under the terms of this PoHc'!, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Policy, If the Company shall exercise its rights under this paragraph, it ~hall do so diligently, . , , . ,. (c) Whenever the Company shall have brought an action or mterposed a defense as reqUired or permitted by the prOVISions of thiS Policy, the Company mC!y pursue any 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. (d) In all cases where tRis Policy Ilormits or requires the Co~aRYto prosecute or provide for the defense of any action or proceeding, the Insured shall secure to the Company the right to so prosecute or provide defense in t e action or proceeding, and all appeals therein, and permit the Company to use, at its opti~, ~e ,name of the Insured for this purpose, Whenever requested by the Company, the Insured, at the Company's expense, shall gIVe the Company all reasonable aid (I) In any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as, insured. If the Company IS prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the insured under the Policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 91 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The 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 that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the Insured under the Policy shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage, in addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permis~ion, in writing, for any authori~ed represe~tative of the Company to examine, Inspect and copy all records, books, ledgers, checks correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the loss or damage, All information designated as GQnfidential-wtl:le,insure~eG-tG-tRe-GQmpaAY-puI'suant tQtl'lis-SeGtionshallnol be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company urlder this Policy as to that claim, 6. OPTIONS TO PAY OR OTHERWiSe SETILE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Policy, the Company shall have the following additional options: (a) To payor Tender Payment of the Amount of Insurance, To payor tender payment of the Amount of Insurance under this Policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obhgations to the Insured under this Policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the Policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) To pay o~ otherwise settle with other parties f~r or in the name of, an insured cla.!mant any claim insured against under this Policy, together with any costs, attorneys fees and expenses mcurred by the Insured claimant, which were authonzed by the Company up to the time of payment and which the Company is obhgated to pay; or (ii) To pay or othe~ise settle with the insured claiman,t the loss or damage provided for under this Policy, to,gether with any ~osts, attorneys' fees and expenses Incurred by, the Insured claimant, w~lch were auth~nzed by ~he Company up to the tlm~ of ~yment and which the, CO!Tlpany IS obligated to pay, Upon the exercise by the Company of either of the OptionS prOVided for In paragraph,S (b)(l\ or (1,\, the Cor:nP~~Y's obhQatl~ns to the Insured under this Policy for the claimed loss or damage. other than the payments required to be made, shall terminate, Including any habllity or obligation to defend, prosecute or continue any htigatlon, 7. DETERMINATION I EXTENT OF LIABILITY AND COINSURANCE. This Policy is a contract ot indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this Policy and only to the extent herein described, (a) The liability of the Company under this Policy shall not exceed the least of: (!) the A~ount of Insurance stated in Schedul~ A; , , (II) the difference, between th~ value of the, Insured estate or ~nterest as ,msur~ and ,the value of the insured estate or interest subject to the defect, lien or encumbrance Insured agamst by thiS Policy at the date the Insured claimant IS reqUired to furnish to Company a proof of loss or damage in accordance with Section 5 of these Conditions and Stipulations. (b) In th~ eve~t the ~ount of Insuran~ stat~ in Sche<!ule A at the Date of Policy is I~ss tha~ 80 percent of the value of the insured estate or interest or the full conSideration pal~ for the land, whichever IS less, or If subsequent to the Date of Policy an Improvement is erected on the land which increases the value of the .Insured estate or Interest ~y at least 20 percent over the Amount of Insu,rance stated in Schedule A, then this Policy is subject to the following: (I) where no subsequent Improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the Amount of .. Insurance at Date of ,Policy bears to the total value of the insured ~state or interest at Date of Policy, or (II) where a subsequent Improv~ment has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent ot the Amo~~t of Insu':9nce stated In Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement, The,provlslons of thiS .paragraph s~all not apply to costs, attorneys' fees and expenses for which the Company is liable under this Policy: and shall only apply to that portion of any loss which exceeds, In the aggregate, 10 percenl of the Amount 01 Insurance stated in Schedule A, (c) The Com~ny will pay only those costs, attomeys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. A~~RTIONrmn. If the land described in Schedule A consists of two or more parcels that are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the Amount of Insurance under this Policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been aoreed upon as to each parcel by the Company and the Insured at the time of the issuance of this Policy and shown by an express statement or by an endorsement attached to this Pol' , 9. L1111T~ON OF L1AB1UTY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the ~, all as insured, or takes action in accordance with Section 3 or Section 6, in a reasonably diligent manner by any method, incluliing litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage ~~ thereby. . (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and, di~ition of ~I appeals therefrom, adve~ to tI)e title as l':'SUred.. . .. (c) The Company shall not be liable lor loss or damage to any Insured for hability voluntarily assumed by the Insured In settlIng any claim or suit without the pnor written consent of the Company,