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HomeMy WebLinkAboutSayre, Harold F (2) r ~t534 . )~ '? *:. Po ..... \I) G <.> . Gl -p:: ";,l..~dald~. V.B. T. U. Form 8007'2-'9-SM-Bargain and Sale Deed. with CoTenant apinet Grantor', Acta-IndivIdual Of Co~ '. CONSULT YOUR LAWYER BII'ORI SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BI USID BY LAWYERS ONLY. ._,.~~ t, .;v-D._""'-> ~'.,.L,j"., ~:'~ - L18ER4616 PAGE151 THIS INDENTURE, made the J:lJt:!!.daY of April BE'IWEEN F. HAROLD SA.Dm. residing at New York , nineteen hundred and 1'11'ty-nine Southold, Su1'folk County, party of the first part, and TOWN OF SOUTHOLD. a municipal corporation having its offices at Greenport and at Southold, Su1'1'olk County, New York, " '. party of the second part, WITNESSETH, that the party of the first part, in consideration of /~, -------------------TWELVE THOUSAND ($12,000.00) ______________2ollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the ,party of the second part, the heirs or successors and assigns of the party of the second part forever, IHNNF#'fIB' ,wr; WMt,iwml/'HK /fU>>'J'J'iNHJ.llllhl#l/fH JJNJ./iN /IU,UU ItJH/llHl,Uf K ,l'tI ALL that certain plot, piece or parcel 01' land, situate, lying and being at Bayviow, near Southold, in the Town 01' Southold, County of Su1'folk and State 01' New York, bounded and described as follows: BEGINNING at a point on the northerly line of North Parish Drive distant 72 feet easterly from the point where the northerly line of North Parish Drive meets the easterly line of North Road to Bayview; from said point 01' beginning running along other land of the grantor herein the following 2 oourses and distances: (1) north 14 degrees 05 minutes 10 seconds east a distance 01' 178.71 feet; (2) north 82 degrees 30 minutes 20 seconds west a distance of 160.l~ feet to the easterly line of North Road to Bayview; thence along the easterly line of North Road to Bayview north 14 degrees 25 minutes 20 seconds west 53.35 feet to the northerly line 01' North Road to Bayview; thence along the northerly line 01' North Road to Bayview the following 2 courses and distances: (1) north 82 degrees 30 minutes 20 seconds west 272.61 feet to a monument; (Z);q.or'th '19. dOi,X'tlU 35!DW\ltes 20 seconWl ~at 30.feet to the ordi- n~y high water mar~Qt qpo~e ,C~eek; thence north 40 degrees 25 1llinutes east aiong the ordinary high ~water mark of Goos,e Creek 44 feet to a point where Goose Creek meets Peconic Bay; , thence northerly and easterly along the ordinary high water mark of Peconic Bay the following 3 tie line courses and distances: (1) north 55 degrees 25 ~inuteseast 100fpe'l;; (2) north 85 degrees 25 minutes east 100teltt; (3) south 79 degrees 03 minutes east 355.531'eet to other land of ::><( UBER 4616 PAGE 152 F. H. Sayre; .. thence south 14 degrees 05 minutes 10 seconds west 340 reet to the northerly side or North Parish Drive; thence north 15 degreee54 minutes 50 seconds west along the northerly side or North Parish Drive 50 reet to the point or place ot beginning. TOOETHER with all the right, title and interest, if any, of the party of the first part in and to the beach, waters and lands under waters of Peconic Bay and Goose Creek in front of and abutting said premises. 'I I I I . II I II I I I , II '. . . ...~ ...' " . . I I " I , ,'- uaER4616 'PAGE153 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid, AND the party of the first part, in oompliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose, The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly execnted this deed the day and year first above written. IN PRESENCE ~...J~~ ~ (L.S. ) STATE OF NEW YORK, COUNTY OF SUFFOLK, 58: On the ,;);J ~ day of April, 1959, before me personally oamG F. ~ROLD SAYRE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he exec~ the same. ~'AEp~~O~.~'7!r,,? ~'h1iio~ ~7 ~ ..aNSSe:LAER G. TERRY, JR:. -t. ....... I. ~A. NOTARY ItUBLlC STATE OF NEW VORl( Q9#. . '7\, ,..' Raiding In Suffolk County '.A.' "'X JAiliHiR '112-31115.018150 11 f!!!- My Commlelon _"" MQrch 3D, I.. t. r'.-- -' r STATE OF NEW YORK. COUNTY OF On the day of personally came 1~ , before me On the day of personally came to me known to be the individual executed the foregoing instrument, executed the same. described in and who and acknowledged that I 'I I I STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion' and that he signed h name thereto by like order. & '- ~tJ cw< CW<ll Al'g Z CW ~ 'is,, ~f;; z ~~ =: " a:< f< =:z .- -< a:z ~!:! w 0 a:U ft.~ ~ <l:d . ~ I'r) ~?" r)lJ) ~~ i:il ~ A ...:l o ~ ~ o ~ rI.l Il:t o 12 ~ ~ f-o . Il:t ~ E-i u' STATE OF NEW YORK. COUNTY O' . to me known to be the individuai'. executed the foregoing instrument, executed the same. .s, STATE O' NEW YORK, COUNTY o' II: 19 , before me described in and who and acknowledged that H!l=. ~11l>< U)H p.,.p . @mZ ~OJ,J c8 >',-l Q) 0 ><E.<:l rxio.p rxi.p::l I'<l.pO ""'ell</) ----;,. .1: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. '" el .... ii< ~ .. w ~c OZ ::> :l:w ...... 01: ~.... c~ ..0 <c c.. z< ~g "" .. o .. ~ Z ~ ~ ~ ~ ~ ~ 11 ~ ~.. ~ ~ "'''1U .!l~ 04:1" ...... ~ 11 ~;;; ~ "1 ,iij~ ~~ l:c;"" oO"ij ~~~ 1,c; Na~~ ~ ~~ b-t ~ I:-< '" ~ i~ 2 5 "it .S " ~ :s .~ ~ ~-g co ~EQ ~ ~ .0 0 """.S P f< .B g < ~ 0 t:l '1; ~ ~ """ "" u c c': iii ,.!j 0 0 Il:i CIJ'~ c:l.. t:Ul~ .S "0 '" " " '" ;.=.~ w U u: ~ o " Z ;; .. o III ::~ ~~ ::> .. o ~ w ~ "- on on ;: .... w > ~ w- .. ...-- ,~ 1,J.,i "i :;,:. ....., :'--'1 W:.." _J 4.~ .- ...., , . < r It.. 1 ~ , ~ .. " i I I , ! G) ~ -~ arid,?'" f ,';:'9 c-" =--- ~ or -/ ~I I ~ , . o ,.J ~ c; I c: BAY dftf'f -, ;. ,.' 'S'ft. ,P1 ,.J,8/DO./J/) ~Ir~ _ s: 79.t:J~'e:. 3Ss:.S'3 r., '1] ~ (\ . p t,eJ'w. 161!1./!l ,N, 6'Z ~t/ ~ .... -t. ",,' '" ,- "" flf "- ~ :::! .00. ~Q .' 51.tK> .. .... ... . -- ,,, ---~--.---- N. 75'.5'4 S't/ W. ~ N oFn-.J-I_p>~':ISIiIDR" lfl II ~ ~ ~ 1- ~ ~ ~ MA P OF PROPE:RTY SURVEYED FOR. THE: TOWN OF .sOUTHOLD AT SOU,I-IOLD, N.'l< , I" Scale 100 = GUe7rCln~ed To Me Ti'f/C'!':. Guarantee & 7i-ust CO. CIS surveyed January ZZ, 195"9 Off~ W Van wyl J;. Son cfJA!J/Y1r.~ ~ L;cen.s~d LandSurv~vor.s ARE"A /.784AcRE'S r '0 !I ~ :1 II ~ , Jil I TITLE INSURANCE POLICY THE TITLE GUARANTEE COMPANY 311 ~ol1si~et'atiol1 of the payment of its charges for the examination of title and its premium for insurance, insures the within named insured against all loss or damage not exceeding the amount of insurance stated herein and in addition the costs and expenses of defending the title, estate or interest insured, which the insured shall sustain by reason of any defect or defects of title affecting the premises described in Schedule A or affecting the interest of the insured therein as herein set forth, or by reason of un marketability of the title of the insured to or in the premises, or by reason of liens or incumbrances affecting title at the date hereof, or by reason of any statutory lien for labor or material furnished prior to the date hereof which has now gained or which may hereafter gain priority over the interest insured hereby, excepting all loss and damage by reason of the estates, interest., defects, objections, liens, incumbrances and other matters set forth in Schedule B, or by the conditions of this policy hereby incorporated into this contract, the loss and the amount to be ascertained in the manner provided in said conditions and to be payable upon compli- ance by the insured with the stipulations of said conditions, and not otherwise. 311 ~itl1ess ~~et'eofJ THE TITLE GUARANTEE COMPANY has caused this policy to be signed and sealed on its date of issue set forth herein. ~f Validating Officer or Agent 1~"tA Executive Vice-President ~ ~ CONDITIONS OF THIS POLICY ~ > Section 1 DEFINITIONS (a) Wherever tbe term "insured" is used in this policy it includes those who succeed to the interest of the insured by operation of law including, without limitation, heirs, distributees, devisees, survivors, personal representatives, next of kin or corporate successors, as the case may be, and those to whom the insured has assigned this policy where such assignment is permitted. by the terms hereof, and whenever the term "insured" is used in the conditions of this policy it also includes the attorneys and agents of the "insured," (b) Wherever the term "this company" is used in this policy it means The Title Guarantee Company. (c) Wherever the term "final determination" or "finally deter- mined" is used in this policy, it means the final determination of a court of competent jurisdiction after disposition of all appeals or after the time to appeal has expired. (d) Wherever the term "the premises" is used in this policy, it means the. property insured herein as described in Schedule A of this policy including such buildings and improvements thereon which by law constitute real property. (e) Wherever the term "recorded" is used in this policy it means, unless otherwise indicated, recorded in the office of the recording officer of the county in which property insured herein lies. 1 Section 2 DEFENSE AND PROSECUTION OF SUITS (a) This company will, at its own cost, defend the insured in all actions or proceedings founded on a claim of title or incumbrance not excepted in this policy. (b) This company shall have the right and may, at its own cost, maintain or defend any action or proceeding relating to the title or interest hereby insured, or upon or under any covenant or contract relating thereto which it considers desirable to prevent or reduce loss hereunder. (c) In all cases where this policy requires or permits this company to prosecute or defend, the insured shall secure to it the right and opportunity to maintain or defend the action or proceeding, and all appeals from any determination therein, and give it all reasonable aid therein, and hereby permits it to use therein, at its option, its own name or the name of the insured. (d) The provisions of this section shall survive payment by this company of any specific loss or payment of the entire amount of this policy to the extent that this company shall deem it necessary in recovering the loss from those who may be liable therefor to the insured or to this company. Section 3 CASES WHERE LIABILITY ARISES No claim for damages shall arise or be maintainable under this policy except in the. following cases: (a) Where there has be~ a final determination under which the insured may be dispossessed, evicted or ejected from the premises or from some part or undivided share or interest therein. (b) Where there has been a final determination adverse to the title, upon a lien or incumbrance not excepted. in this policy. (c) Where the insured shall have contracted in good faith in writing to sell the insured estate or interest, or where the insured estate has been sold for the benefit of the insured pursuant to the judgment or order of a court and the title has been rejected because of a defect or incumbrance not excepted in this policy and there has been a final determination sustaining the objection to the title. (d) Where the insurance is upon the interest of a mortgagee and the mortgage has been adjudged by a final determination to be invalid or ineffectual to charge the insured's estate or interest in the premises, or subject to a prior lien or incumbrance not excepted in this policy; or where a recording officer has refused to accept from the insured a satisfaction of the insured mortgage and there has been a final deter- mination sustaining the refusal because of a defect in the title to the said mortgage. (e) Where the insured shall have negotiated a loan to be made on the security of a mortgage on the insured's estate or interest in the premises and the title shall have been rejected by the proposed lender < and it shall have been finally determined that the rejection of the title was justified because of a defect or incumbrance not excepted in this policy. (f) Where the insured shall have transferred the title insured by an instrument containing covenants in regard to title or warranty thereof and there shall have been a final determination on any of such cove- nants or warranty, against the insured, because of a defect or incum- brance not excepted in this policy. (g) Where the insured estate or interest or a part thereof has been taken by condemnation and it has been finally determined that the insured is not entitled to a full award for the estate or interest taken because of a defect or incumbrance not excepted in this policy. N.o claim for damages shall arise or be maintainable under this policy (1) if this company, after having received notice of an alleged defect or incumbrance, removes such defect or incumbrance within thirty days after receipt of such notice; or (2) for liability voluntarily assumed by the insured in settling any claim or suit without the written consent of this company. Section 4 NOTICE OF CLAIM In case a purchaser or proposed mortgage lender raises any question as to the sufficiency of the title hereby insured, or in case actual knowledge shall come to the insured of any claim adverse to the title insured hereby, or in case of the service on or receipt by the insured of any paper, or of any notice, summons, process or pleading in any action or p,roceeding. the object or effect of which shall or may be to impugn, attack or call in question the validity of the title hereby insured, the insured shall promptly notify this company thereof in writing at its main office and forward to this company such paper or such notice, summons, process or pleading. Delay in giving this notice and delay in forwarding such paper or such notice, summons, process or pleading shall not affect this company's liability if such failure has not prejudiced and cannot in the future prejudice this company. Section 5 PAYMENT OF LOSS (a) This company will pay, in addition to the loss, all statutory costs and allowances imposed on the insured in litigation carried on by this company for the insured under the terms of this policy. This company shall not be liable for and will not pay the fees of any counselor attorney employed by the insured. (b) In every case where claim is made for loss or damage this company (1) reserves the right to settle, at its own cost, any claim or suit which may involve liability under this policy; or (2) may termi- nate its liability hereunder by paying or tendering the full amount of this policy; or (3) may, without conceding liability, demand a valua- tion of the insured estate or interest, to be made by three arbitrators or any two of them, one to be chosen by the insured and one by this company, and the two thus chosen selecting an umpire. Such valua- tion, less the amount of any incumbrances on said insured estate and interest not hereby insured against, shall be the extent of this com- pany's liability for such claim and no right of action shall accrue hereunder for the recovery thereof until thirty days after notice of such valuation shall have been served upon this company, and the insured shall have tendered a conveyance or assignment of the insured estate or interest to thiS company or its designee at such valuation, diminished as aforesaid. The foregoing option to fix a valuation by arbitration shall not apply to a policy insuring a mortgage or leasehold interest. (c) Liability to any collateral holder of this policy shall not exceed the amount of the pecuniary interest of such collateral holder in the premises. (d) All payments made by this company under this policy shall reduce the amount hereof pro tanto except (1) payments made for counsel fees and disbursements in defending or prosecuting actions or proceedings in behalf of the insured and for statutory costs and allow- ances imposed on the insured in such actions and proceedings, and (2), if the insured is a mortgagee, payments made to satisfy or subordi- nate prior liens or incumbrances not set forth in Schedule B. (e) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within thirty days thereafter. CONDITIONS CONTINUED ON INSIDE BACK COVER , 702 " 7-lf8 . IUM' 'Jltie buarantee dnor ~ - ~ Nome of Insured TOWN OF SOUTHOLD Policy No. 1226357 Amount of Insuconcs $ 12,000.00 Date of Issue 4/22/59 The estote or interest insured by this policy is fee a1mPle veste;d in the insured by m'la7 of/5 made by F. Harold Sayre dated 4/22 59 recorded ~ 23 9. a deed SCHl'DJJ ~E B The following estotes, interests. defects, objections to tiii.. lien. and incumbrances and other mett.l'$ ore excepted from the coverlllge of this policy; Of, the ~ tg;' malntoin therein vaults, tunnels, remps or any other strucw t...... orfm~.,.ment ,or any rights or easements therein unless this policy 'Peciii~"y provid4." thet such lends, rights or ."sements ore insured: exw cept that if the premises abut upon 0 physically open street or highwey, 1h"';~i;~nl... otherwiH excepted, insures the ordinory rights of access on~!9fet$ -~lon9inJI to abutting owners. .. Cdm,....nc.. .by. ifut' buiraiflgt or other erections upon the premises or their use with Federol, Stote and Municipal lows, reguletions ond ordiw nences. 7. Title to any personal property, whether the some be ottech.d to or used in cQf1Dedi!~'f: withfl!id:; premises or, otherwise. I. Defects end incumbrences erising or becoming a lien dt... .. date -of this policy, except os herein provided. ,,-'>, j' 2. Consequences of the exercise ond enforcement or ettempted .nforcemeAt of IlIny governmental wer or police powers over the premises. 3. Zoning restrictions or ordinances imposed by tiny 4!fovernftire"e.boc:b,. 4. Judgments against the insured or estates, interests. .....,DbifetiOM. liens or incumbrances created, suffered, a5Sumed or ogrW:d t~,:by.9r with the privity of the insured. 5. Title to cny property beyond the lines of thlt premises or to :ttte land in any streets, roods, avenue., lanell Of' ways on which "1~ a!:)u~,' .t',""",', ",'" 'A. Guaranteed s~ _04;~ W. ~p...~l dated 1/22/59 shows vaoant land. No variations. Except any ohanges since date of survey. ,;,:1, }' B. No title is iDaured. to land ~elow the high water mark of Goose Creek and '."0_ ... thfl-.me now exist or fonnerly existed. C. Rights of the federal goverrunent to enter upon and take possess1on w1thout compensat1on of lands now or fonnerly ly1ng below the h1gh water IlI8.rk of Goose Creek and Pecon1c Bay. D. R1ghts of the people of the State of New York or C1ty of New York 1n those portions of premises now or formerly under the waters of Goose Creek or Peconic Bay. E. Rights ot .....~.. 11' arq. F. Any state ot tacts an iDspe,tion of the premises might show. kW SCHEDULE "8" Of THIS POLICY CONSISTS OF c=J SHEET(S). , 706 . If-SI;! . 20M Policy No. 1226357 SCHEDULE A The premises in which the insured has the estate or interest covered by this policy ALL that oertain plot, pieoe or paroel of land, situate, lying and being at Bayview, near Southold, in the Town of Southold, Gounty of Suffolk and State ~f New York, bounded and desoribed as follows: BEGINNING at a point on the northerly line of North Parish Drive distant 72 feet easterly from the poi~t where the northerly line of North Parish Drive meets the easterly line of North Road to Bayviewj from said point of beginning . running along other land of the grantor therein the following 2 oourses and distanoes: (1) north 14 degrees 05 minutes 10 seoonds east a distance of 178.71 feet. (2) north 82 degree. 30 minutes 20 seoonds west a distanoe of 160.18 feet to the easterly line of North ~9ad to Bayview} thenoe along the easterly line ofHorth Road to Bayview north 14 degrees 25 minute. aOseconds west 53.35 feet to the northerly line of North Road. 'to Ba,v18W; thenoe along tbil. . '.n,Q~.~Jr.l1Be df"North Road to Bapview the following 2 OO\ll'Slil8i" ,tanoe.s:. .' (1) north 82 degree. 301ll1nuteil 20 seoonds west 272.61 feet to a monument} (2) north 79 de,.... 35cm1nutes 20 seoonds west 30 feet to the ordinary high water ~k Of Goose,Greek; thenae north 40 degrees 25 minf1t.e8'~ east along the ordinary high water mark of Goose Creek 44 feet to a point where Goose Creek meets PeooniO Bay} thenoe northerly and eas'erly along the ordinary high water mark of Peoonio Bay the following 3 tie line oourses and distanoes: ~l~ north 55 degrees 25 minutes east 100 feet; 2 north 85 degrees 25 minutes east 100 feet} 3 south 79 degrees 03 minutes east 355.58 feet to other land of F. H. Sayre} thenoe south 14 degrees 05 minutes 10 seoonds west 340 feet to the northerly side of North Parish Drive} thenoe north 75 degrees 54 minutes 50 seoonds west along the northerly side of North Parish Drive 50 feet to the point or plaoe of beginning. \ 1\ _,t - --- < . ., - ." p . . Section 6 CO-INSURANCE AND APPORTIONMENT CONDITIONS CONTINUED FROM INSIDE FRONT COVER (a) In the event that a partial loss occurs after an alteration or improvement subsequent to the date of this policy, and only in that event, the insured becomes a co-insurer to the extent hereinafter set forth. If the cost of the alteration or improvement exceeds 20 per centum of the amount insured hereunder, such proportion only of arty partial loss established shall be borne by this company as 120 per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. This clause shall not apply to counsel fees and disbursements in- curred by this company in defending or prosecuting actions or pro- ceedings in behalf of the insured pursuant to- the terms of this policy or to costs imposed on the insured in such actions or proceedings. This clause shall not apply to losses which do not exceed in the aggregate an amount equal to one per centum of the face amount of this policy. This company will pay such fees, disbursements, costs and losses with- out contribution by the insured. (b) If the premises are divisible into separate, independent parcels, and a loss is established affecting one or more but not all of said parcels, the loss shall be computed and settled on a pro rata basis as if this policy were divided pro rata as to value of said separate, independent parcels, exclusive of improvements made subsequent to the date of this policy. (c) Clauses "(a)" and "(b)" of this section apply to mortgage policies only after the insured shall have acquired the interest of the mortgagor. (d) If, at the time liability for any loss shall have been fixed pur- suant to the conditions of this policy, the insured holds another policy of insuraD:ce covering the same loss issued by another company, this company shall not be liable to the insured for a greater proportion of the loss than the amount that this policy bears to the whole amount of insurance held by the insured, unless another method of apportioning the loss shall have been provided by agreement between this company and the other insurer or insurers. Section 7 ASSIGNMENT OF POLICY If the interest insured by this policy is that of a mortgagee, this policy may be assigned to and shall inure to the benefit of successive assignees of the mortgage without consent of this company or its en- dorsement of this policy. Provision is made in the rate manual of New York Board of Title Underwriters filed with the Superintendent of Insurance of the State of New York on behalf of this and other member companies for continuation of liability to grantees of the insured in certain specific circumstances only. In no circumstance provided for in this section shall this company be deemed to have insured the sufficiency of the form of the assignment or other instru- ment of transfer or conveyance or to have assumed any liability for the sufficiency of any proceedings after the date of this policy. Section 8 SUBROGATION (a) This company shall to the extent of any payment by it of loss under this policy, be subrogated to all rights of the insured with respect thereto. The insured shall execute such instruments as may be requested to transfer such rights to this company. The rights so trans- ferred shall be subordinate to any remaining interest of the insured. (b) If the insured is a mortgagee, this company's right of subroga- tion shall not prevent the insured from releasing the personalliahility of the obligor or guarantor or from releasing a portion of the premises from the lien of the mortgage or from increasing or otherwise modify- ing the insured mortgage provided such acts do not affect the validity or priority of the lien of the mortgage insured. However, the liability of this company under this policy shall in no event be increased by any such act of the insured. Section 9 MISREPRESENTATION Any untrue statement made by the insured, with respect to any material fact, or any suppression of or failure to disclose any material fact, or any untrue answer by the insured, to material inquiries before the issuance of this policy, shall void this policy. Section 10 NO WAIVER OF CONDITIONS This company may take any appropriate action under the terms of this policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. Section 11 POLICY ENTIRE CONTRACT All actions or proceedings against this company must be based on the provisions of this policy. Any other action or actions or rights of action that the insured may have or may bring against this company in respect of other services rendered in connection with the issuance of this policy, shall be deemed to have merged in and be restricted to its terms and conditions. Section 12 VALIDATION AND MODIFICATION This policy is valid only when duly signed by a validating officer or agent. Changes may be effected only by written endorsement. If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents. ENDORSEMENTS ~ A Valuable Document GJrIGJrLB Insurance POLleG)[ THE TITLE GUARANTEE COMPANY CHA.IfT~"ED f883 IN N~W YORK Title Insurance Throughout NEW YORK, NEW JERSEY, CONNECTICUT, MASSACHUSETTS, MAINE, VERMONT AND GEORGIA HUD OFFICE 176 BROADWAY, NEW YORK CITY - - --:-~-~-.-'~~--:-'-'~~'