T-1 TX Owner's Policy of Title Insurance

OWNER’S POLICY OF TITLE INSURANCE (Form T-1)
Issued by
BLANK TITLE INSURANCE COMPANY
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 the address shown in Section 18 of the Conditions.

COVERED RISKS

SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, BLANK TITLE INSURANCE COMPANY, a Blank corporation (the “Company”) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:

1.    Title being vested other than as stated in Schedule A.
2.    Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:

(a)    A defect in the Title caused by:

(i)    forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii)    failure of any person or Entity to have authorized a transfer or conveyance;
(iii)    a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv)    failure to perform those acts necessary to create a document by electronic means authorized by law;
(v)    a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi)   a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or
(vii)  a defective judicial or administrative proceeding.

(b)   The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c)    Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term “encroachment” includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. [This coverage is deleted by Schedule B. Exceptions From Coverage Paragraph 2, unless a survey of the Land acceptable to Company is timely provided and the applicable premium is paid to amend the exception to "shortages in area."]
(d)    Any statutory or constitutional mechanic’s, contractor’s, or materialman’s lien for labor or materials having its inception on or before Date of Policy.

3.    Lack of good and indefeasible Title.

4.    No right of access to and from the Land.

5.    The violation or enforcement of any law, ordinance, permit, or governmental regulation(including those relating to building and zoning) restricting, regulating, prohibiting or relating to:

(a)    the occupancy, use or enjoyment of the Land;

(b)    the character, dimensions or location of any improvement erected on the Land;

(c)    subdivision of land; or

(d)    environmental protection

if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice.

6.    An enforcement action based on the exercise of a governmental police power not coveredby Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, isrecorded in the Public Records, but only to the extent of the enforcement referred to in thatnotice.

7.    The exercise of the rights of eminent domain if a notice of the exercise, describing any partof the Land, is recorded in the Public Records.

8.    Any taking by a governmental body that has occurred and is binding on the rights of apurchaser for value without Knowledge.

9.    Title being vested other than as stated in Schedule A or being defective:

(a)    as a result of the avoidance in whole or in part, or from a court order providing analternative remedy, of a transfer of all or any part of the title to or any interest in theLand occurring prior to the transaction vesting Title as shown in Schedule A becausethat prior transfer constituted a fraudulent or preferential transfer under federalbankruptcy, state insolvency or similar creditors’ rights laws; or

(b)    because the instrument of transfer vesting Title as shown in Schedule A constitutesa preferential transfer under federal bankruptcy, state insolvency or similar creditors’rights laws by reason of the failure of its recording in the Public Records:

(i)    to be timely, or

(ii)    to impart notice of its existence to a purchaser for value or a judgment orlien creditor.

10.    Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks1 through 9 that has been created or attached or has been filed or recorded in the PublicRecords subsequent to Date of Policy and prior to the recording of the deed or otherinstrument of transfer in the Public Records that vests Title as shown in Schedule A.

The Company will also pay the costs, attorneys’ fees and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.

[Witness clause optional]

                                                            BLANK TITLE INSURANCE COMPANY

                                                                                By: __________________________________
                              President

                                                                                 By: __________________________________
                               Secretary
 

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:

1.    (a) Any law, ordinance, permit, or governmental regulation (including those relating tobuilding and zoning) restricting, regulating, prohibiting or relating to:

(i)    the occupancy, use, or enjoyment of the Land;

(ii)    the character, dimensions or location of any improvement erected on theLand;

(iii)    subdivision of land; or

(iv)    environmental protection;

or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

(b)    Any governmental police power. This Exclusion 1(b) does not modify or limit thecoverage provided under Covered Risk 6.

2.    Rights of eminent domain. This Exclusion does not modify or limit the coverage providedunder Covered Risk 7 or 8.

3.    Defects, liens, encumbrances, adverse claims or other matters:

(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, butKnown 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;

(c)    resulting in no loss or damage to the Insured Claimant;

(d)    attaching or created subsequent to Date of Policy (however, this does not modify orlimit the coverage provided under Covered Risk 9 and 10); or

(e)    resulting in loss or damage that would not have been sustained if the InsuredClaimant had paid value for the Title.

4.    Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similarcreditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is:

(a)    a fraudulent conveyance or fraudulent transfer; or

(b)    a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5.    Any lien on the Title for real estate taxes or assessments imposed by governmentalauthority and created or attaching between Date of Policy and the date of recording of thedeed or other instrument of transfer in the Public Records that vests Title as shown inSchedule A.

6.    The refusal of any person to purchase, lease or lend money on the estate or interestcovered hereby in the land described in Schedule A because of Unmarketable Title.

SCHEDULE A

Name and Address of Title Insurance Company:
[File No.: ] Policy No.:
[Address for Reference only:]
Amount of Insurance: $ [Premium: $ ]
Date of Policy: [at a.m./p.m.]

1.    Name of Insured:

2.    The estate or interest in the Land that is insured by this policy is:

3.    Title is insured as vested in:

4.    The land referred to in this policy is described as follows:

SCHEDULE B

                                                                                                                                                                                                                        File No.                                                           Policy No.

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters:

1.    The following restrictive covenants of record itemized below (the Company must either insert specific recording data or delete this exception):
2.    Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Covered Risk 2(c) is hereby deleted.
3.    Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4.   Any titles or rights asserted by anyone, including but not limited to, persons, the public, corporations, governments or other entities,(a)to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or(b)to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or(c)to filled-in lands, or artificial islands, or(d)to statutory water rights, including riparian rights, or(e)to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or easement along and across that area.
5.    Standby fees, taxes and assessments by any taxing authority for the year ___, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year.

6.    The following matters and all terms of the documents creating or offering evidence of thematters (The Company must insert matters or delete this exception).:

CONDITIONS

1.    DEFINITION OF TERMS.

The following terms when used in this policy mean:

(a)    “Amount of Insurance”: the amount stated in Schedule A, as may be increased ordecreased by endorsement to this policy, increased by Section 8(b), ordecreased by Sections 10 and 11 of these Conditions.

(b)    “Date of Policy”: The date designated as “Date of Policy” in Schedule A.

(c)    “Entity”: A corporation, partnership, trust, limited liability company or other similarlegal entity.

(d)    “Insured": the Insured named in Schedule A.

(i)    The term "Insured" also includes:

(A)    successors to the Title of the Insured by operation of law asdistinguished from purchase, including heirs, devisees, survivors,personal representatives or next of kin;

(B)    successors to an Insured by dissolution, merger, consolidation,distribution or reorganization;

(C)    successors to an Insured by its conversion to another kind of Entity;

(D)    a grantee of an Insured under a deed delivered without payment ofactual valuable consideration conveying the Title;

(1)    If the stock, shares, memberships, or other equity interests ofthe grantee are wholly-owned by the named Insured,

(2)    If the grantee wholly owns the named Insured,

(3)    If the grantee is wholly-owned by an affiliated Entity of thenamed Insured, provided the affiliated Entity and the namedInsured are both wholly-owned by the same person or Entity,or

(4)    If the grantee is a trustee or beneficiary of a trust created by awritten instrument established by the Insured named inSchedule A for estate planning purposes.

(ii)    With regard to (A), (B), (C) and (D) reserving, however, all rights anddefenses as to any successor that the Company would have had against anypredecessor Insured.

(e)    "Insured Claimant": an Insured claiming loss or damage.

(f)    "Knowledge" or "Known": actual knowledge, not constructive knowledge or noticethat may be imputed to an Insured by reason of the Public Records or any otherrecords that impart constructive notice of matters affecting the Title.

(g)    "Land": the land described in Schedule A, and affixed improvements that by lawconstitute real property. The term "Land” does not include any property beyond the

lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.

(h)    "Mortgage": mortgage, deed of trust, trust deed, or other security instrument,including one evidenced by electronic means authorized by law.

(i)    "Public Records": records established under state statutes at Date of Policy for thepurpose of imparting constructive notice of matters relating to real property topurchasers for value and without Knowledge. With respect to Covered Risk 5(d),"Public Records" shall also include environmental protection liens filed in therecords of the clerk of the United States District Court for the district where theLand is located.

(j)    “Title”: the estate or interest described in Schedule A.

(k)    "Unmarketable Title”: Title affected by an alleged or apparent matter that wouldpermit a prospective purchaser or lessee of the Title or lender on the Title to bereleased from the obligation to purchase, lease or lend if there is a contractualcondition requiring the delivery of marketable title.

2.    CONTINUATION OF INSURANCE.

The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation 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 warranties in any transfer or conveyance of the Title. 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 (ii) an obligation 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 5(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, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.

When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefore, issue

to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance 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 lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein.

4.    PROOF OF LOSS.

In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance 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.

5.    DEFENSE AND PROSECUTION OF ACTIONS.

(a)    Upon written request by the Insured, and subject to the options contained in Sections 3 and7 of these Conditions, the Company, at its own cost and without unreasonable delay, shallprovide for the defense of an Insured in litigation in which any third party asserts a claimcovered by this policy adverse to the Insured. This obligation is limited to only those statedcauses of action alleging matters insured against by this policy. The Company shall have theright to select counsel of its choice (subject to the right of the Insured to object for reasonablecause) to represent the Insured as to those stated causes of action. It shall not be liable forand will not pay the fees of any other counsel. The Company will not pay any fees, costs orexpenses incurred by the Insured in the defense of those causes of action that allege mattersnot insured against by this policy.

(b)The Company shall have the right, in addition to the options contained in Sections 3 and 7,at its own cost, to institute and prosecute any action or proceeding or to do any other act thatin its opinion may be necessary or desirable to establish the Title, as insured, or to prevent orreduce loss or damage to the Insured. The Company may take any appropriate action underthe terms of this policy, whether or not it shall be liable to the Insured. The exercise of theserights shall not be an admission of liability or waiver of any provision of this policy. If theCompany exercises its rights under this subsection, it must do so diligently.

(c)    Whenever the Company brings an action or asserts a defense as required or permitted bythis policy, the Company may pursue the litigation to a final determination by a court ofcompetent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal fromany adverse judgment or order.

6.    DUTY OF INSURED CLAIMANT TO COOPERATE.

(a)    In all cases where this policy permits or requires the Company to prosecute or provide forthe defense of any action or proceeding and any appeals, the Insured shall secure to theCompany the right to so prosecute or provide defense in the action or proceeding, includingthe right to use, at its option, the name of the Insured for this purpose. Whenever requested bythe Company, the Insured, at the Company's expense, shall give the Company all reasonableaid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action orproceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of theCompany may be necessary or desirable to establish the Title or any other matter 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.

(b)    The Company may reasonably require the Insured Claimant to submit to examination underoath by any authorized representative of the Company and to produce for examination,inspection and copying, at such reasonable times and places as may be designated by theauthorized representative of the Company, all records, in whatever medium maintained,including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes,and videos whether bearing a date before or after Date of Policy, that reasonably pertain to theloss or damage. Further, if requested by any authorized representative of the Company, theInsured Claimant shall grant its permission, in writing, for any authorized representative of theCompany to examine, inspect and copy all of these records in the custody or control of a thirdparty that reasonably pertain to the loss or damage. All information designated as confidentialby the Insured Claimant provided to the Company pursuant to this Section shall not bedisclosed to others unless, in the reasonable judgment of the Company, it is necessary in theadministration of the claim. Failure of the Insured Claimant to submit for examination underoath, produce any reasonably requested information or grant permission to secure reasonablynecessary information from third parties as required in this subsection, unless prohibited bylaw or governmental regulation, shall terminate any liability of the Company under this policyas to that claim.

7.    OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.

In case of a claim under this policy, the Company shall have the following additional options:

(a)    To Pay or Tender Payment of the Amount of Insurance.

To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay.

Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.

(b)    To Pay or Otherwise Settle With Parties Other than the Insured or With the InsuredClaimant.

(i)    to pay or otherwise settle with other parties for or in the name of an Insured Claimant anyclaim insured against under this policy. In addition, the Company will pay any costs, attorneys'fees and expenses incurred by the Insured Claimant that were authorized by the Company upto the time of payment and that the Company is obligated to pay; or

(ii)    to pay or otherwise settle with the Insured Claimant the loss or damage provided for underthis policy, together with any costs, attorneys' fees and expenses incurred by the InsuredClaimant that were authorized by the Company up to the time of payment and that theCompany is obligated to pay. Upon the exercise by the Company of either of the optionsprovided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under thispolicy for the claimed loss or damage, other than the payments required to be made, shallterminate, including any liability or obligation to defend, prosecute or continue any litigation.

8.    DETERMINATION AND EXTENT OF LIABILITY.

This policy is a contract of 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.

(a)    The extent of liability of the Company for loss or damage under this policy shall not exceedthe lesser of:

(i)    the Amount of Insurance; or

(ii)    the difference between the value of the Title as insured and the value of the Title subject tothe risk insured against by this policy.

(b)    If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishingthe Title, as insured,

(i)    the Amount of Insurance shall be increased by 10%, and

(ii)    the Insured Claimant shall have the right to have the loss or damage determined either asof the date the claim was made by the Insured Claimant or as of the date it is settled and paid.

(c)    In addition to the extent of liability under (a) and (b), the Company will also pay those costs,attorneys' fees and expenses incurred in accordance with Sections 5 and 7 of theseConditions.

9.    LIMITATION OF LIABILITY.

(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 Land, all as insured, or takes action inaccordance with Section 3 or 7, in a reasonably diligent manner by any method, includinglitigation and the completion of any appeals, it shall have fully performed its obligations withrespect to that matter and shall not be liable for any loss or damage caused to the Insured.

(b)    In the event of any litigation, including litigation by the Company or with the Company'sconsent, the Company shall have no liability for loss or damage until there has been a finaldetermination by a court of competent jurisdiction, and disposition of all appeals, adverse tothe Title, as insured.

(c)    The Company shall not be liable for loss or damage to the Insured for liability voluntarilyassumed by the Insured in settling any claim or suit without the prior written consent of theCompany.

10    .REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.

All payments under this policy, except payments made for costs, attorneys’ fees and expenses, shall reduce the Amount of Insurance by the amount of the payment.

11.    LIABILITY NONCUMULATIVE.

The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.

12.    PAYMENT OF LOSS.

When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days.

13.    RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.

(a)    Whenever the Company shall have settled and paid a claim under this policy, it shall besubrogated and entitled to the rights of the Insured Claimant in the Title and all other rights andremedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by theCompany. If requested by the Company, the Insured Claimant shall execute documents toevidence the transfer to the Company of these rights and remedies. The Insured Claimantshall permit the Company to sue, compromise or settle in the name of the Insured Claimantand to use the name of the Insured Claimant in any transaction or litigation involving theserights and remedies.

If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss.

(b)    The Company’s right of subrogation includes the rights of the Insured to indemnities,guaranties, other policies of insurance or bonds, notwithstanding any terms or conditionscontained in those instruments that address subrogation rights.

14.    ARBITRATION.

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 American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable 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 connection 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 matters 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 (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 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) may be entered in any court of competent jurisdiction.

15.    LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.

(a)    This policy together with all endorsements, if any, attached to it by the Company is theentire policy and contract between the Insured and the Company. In interpreting any provisionof this policy, this policy shall be construed as a whole.

(b)    Any claim of loss or damage that arises out of the status of the Title or by any actionasserting such claim, shall be restricted to this policy.

(c)    Any amendment of or endorsement to this policy must be in writing and authenticated by anauthorized person, or expressly incorporated by Schedule A of this policy.

(d)    Each endorsement to this policy issued at any time is made a part of this policy and issubject to all of its terms and provisions. Except as the endorsement expressly states, it doesnot (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 Amount of Insurance. Each Commitment,endorsement or other form, or provision in the Schedules to this policy that refers to a termdefined in Section 1 of the Conditions shall be deemed to refer to the term regardless ofwhether the term is capitalized in the Commitment, endorsement or other form, or Schedule.

Each Commitment, endorsement 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.

16.    SEVERABILITY.

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 provision or such part held to be invalid and all other provisions shall remain in full force and effect.

17.    CHOICE OF LAW; FORUM.

(a)    Choice of Law: The Insured acknowledges the Company has underwritten the riskscovered by this policy and determined the premium charged therefor in reliance upon the lawaffecting interests in real property and applicable to the interpretation, rights, remedies orenforcement of policies of title insurance of the jurisdiction where the Land is located.

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 adverse 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 the applicable law.

(b)    Choice of Forum: Any litigation or other proceeding brought by the Insured against theCompany must be filed only in a state or federal court within the United States of America or itsterritories having appropriate jurisdiction.

18.    NOTICES, WHERE SENT.

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 [fill in].

NOTE: Bracketed [ ] material optional

 

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