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<br />Conditions (continued) <br /> <br />4. Our Choices <br />When You <br />Notify Us <br />Of A Claim <br /> <br />After we receive your claim notice or in any other way <br />learn of a matter for which we are liable, we can do <br />one or more of the following: <br /> <br />a. Pay the claim against your title. <br /> <br />b. Negotiate a settlement. <br /> <br />c, Prosecute or defend a court case related to the claim. <br /> <br />d, Pay you the amount required by this Policy. <br /> <br />e. Take other action which will protect you. <br /> <br />r Cancel this policy by paying the Policy Amount, <br />then in force, and only those costs, attorneys' fees <br />and expenses incurred up to that time which we are <br />obligated to pay. <br /> <br />5. Handling A <br />Claim Or <br />Court Case <br /> <br />You must cooperate with us in handling any claim or <br />court case and give us all relevant information. <br /> <br />We are required to repay you only for those settlement <br />costs, attorneys' fees and expenses that we approve in <br />advance, <br /> <br />When we defend your title, we have a right to choose <br />the attorney. We can appeal any decision to the highest <br />court. We do not have to pay your claim until your case <br />is finally decided. <br /> <br />6. Limitation <br />Of The <br />Company's <br />Liability <br /> <br />a. We will pay up to your actual loss or the Policy <br />Amount in force when the claim is <br />made-whichever is less. <br /> <br />b, If we remove the claim against your title within a <br />reasonable time after receiving notice of it, we will <br />have no further liability for it. <br /> <br />If you cannot use any of your land because of a <br />claim against your title, and you rent reasonable <br />substitute land or facilities, we will repay you for <br />your actual rent until: <br />· the cause of the claim is removed <br />or <br /> <br />.. we settle your claim <br /> <br />c, The Policy Amount will be reduced by all payments <br />made under this policy-except for costs, attorneys' <br />fees and expenses. <br /> <br />d. The Policy Amount will be reduced by any amount <br />we pay to our insured holder of any mortgage shown <br />in this Policy or a later mortgage given by you. <br /> <br />e. If you do anything to affect any right of recovery <br />you may have, we can subtract from our liability <br />the amount by which you reduced the value of that <br />right. <br /> <br />7. Transfer Of <br />Your Rights <br /> <br />When we settle a claim, we have all the rights you had <br />against any person or property related to the claim. You <br />must transfer these rights to us when we ask, and you <br />must not do anything to affect these rights. You must <br />let us use your name in enforcing these rights. <br /> <br />We will not be liable to you if we do not pursue these <br />rights or if we do not recover any amount that might <br />be recoverable, <br /> <br />With the money we recover from enforcing these rights, <br />we will pay whatever part of your loss we have not <br />paid. We have a right to keep what is left. <br /> <br />8. Arbitration <br /> <br />If it is permitted in your state, you or the Company <br />may demand arbitration. <br /> <br />The arbitration shall be binding on both you and the <br />Company. The arbitration shall decide any matter in <br />dispute between you and the Company. <br /> <br />The arbitration award may: <br /> <br />· include attorneys' fees if allowed by state law <br /> <br />. be entered as a judgment in the proper court. <br /> <br />The arbitration shall be under the Title Insurance <br />Arbitration Rules of the American Arbitration <br />Association. You may choose current Rules or Rules in <br />existence on Policy Date. <br /> <br />The law used in the arbitration is the law of the place <br />where the property is located. <br /> <br />You can get a copy of the Rules from the Company. <br /> <br />9. Our Liability <br />Is Limited To <br />This Policy <br /> <br />Page 3 <br /> <br />This Policy, plus any endorsements, is the entire <br />contract between you and the Company. Any claim you <br />make against us must be made under this Policy and is <br />subject to its terms. <br /> <br />American <br />Land Title <br />Association <br /> <br /> <br />Residential <br />Title Insurance <br />Policy (6-1-87) <br /> <br />CHICAGO 'fITLE JINSURANCE COMPANY <br /> <br /> <br />{} <br /> <br /> <br />By: <br /> <br />.~~!~ <br /> <br /> <br />Form 3663 <br />