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HomeMy WebLinkAboutHommel, Tyler & Morris 'l:) I \1) ! \) ~ ! ii. .. .!~ ( l'F ;;0 (-1/(,:;) ~talllln..d :\. Y. n. T. U. F"rm 11007 Buq;aill ,llntl,bale V('ct!,."ith CllH'llllllt a!"dn.~t r.rl\IlI"r'~ Ad:l-]nllh~(llIal ..I" CUI'puralinll CONSULT YOUR LAWYER BEFORE SIGNING THIS j"STRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ON1-Y, l!m 6309 PAGE 78 THIS INDENTURE, made the ytf/ day of October ,nineteen hundred and sixty-seven. BETWEEN CLINTON A. HOMMEL, residing at 6 South Street, Greenport, New York; JACOB W. TYLER, residing at 203 Fourth Street, Greenport, New York; and LILLIAN S. MORRIS, residing at Inlet Lane, Greenport, New York, as devisee of .fuliill. J. Morris, party of the first part, and TOWN OF SOUTH OLD, a municipal corporation of the State of New York, having its offices at 16 South Street, Greenport, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of One and No/lOO--- - - - - - - - - - -- - - - - - - ----- - - - - - - --- - - - - - -- - - - - - - - - - - dollatN, lawful money of the United States, and other good and valuable consideration 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, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Manhanset Avenue distant 298. 15 feet easterly from the corner formed by the intersection of the southerly side of Mall.hanset Avenue with the easterly side of Inlet Lane; running thence South 78 degrees 54 minutes 40 seconds East, along the southerly side of Manhlmset Avenue, 184.46 feet to the ordinary high water mark of Gardiner's Bay; thence along said high water mark on a tie line of South 9 degrees 19 minutes 40 seconds West, 274. 71 feet; thence North 87 degrees 05 minutes 00 seconds West, along land now or formerly of Morris, 130 feet to Gull Pond Inlet; thence along Gull Pond Inlet on the following tie lines: (1) North 21 degrees 36 minutes 30 seconds East, 124.07 feet and (2) North 15 degrees 50 minutes 00 seconds West, 191. 88 feet to the southerly side of Manhanset Avenue and the point or place of beginning. SUBJECT to an easement or right of way running to Manhanset Avenue in favor of the owners of premises adjoining on the South as created by deeds recorded in Liber 3520 cp 250, Liber 3520 cp 253 and Liber 3520 cp 256. , . I I I I ! I ; i I I I I I I I I I i The party of the seoond part covenants and agrees that at such time as the easements or rights of way referred to in the preceding paragraph hereof are terminated that it will construct and maintain a suitable fence along the southerly line of the above described premises r-. I I I UPER 6309 PAGF 79 TOGETHER with all rights, 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. .,r AND the party <if the first part covenants that the party of the' first part nasnol done or suffered ~nything . whereby the said premises rave been incumbered in any way whatever, except as aforesaid. Al\lI) the party of the first part, in compliance 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 tirst 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 req\lires. IN WITNESS WHEREOF, the party of the first part has duly exec written. . IN PllESEN CE OF: ~,'- "'.~,~,~'" \''\ ". ...~- ~ (' r, I! ~'!I'>\J:1,1~. ~,., ,,\ """'iiil".~", ;':." ....__~ ~........... {::"^~J, ._. ..':>:._ / -'.:' '. ,_,1/ :; <C(' .~ . \ (. ".~ .. ~- \9 'l", ,.......,,~ f. ~ ~j""~, ~;~ ~ ~1 (""",'"cJ);;:i::: ~;_, J_,:;'~,,~~t~, ...;t:; . ~"",./.,..-, ,?_.y, ".. ,t~>.,. (.. F: ll, (}Y,r) "-,.,-_/ ("<~.) :: ..'~. (''!lfJp. ~ \\\\....~ ::;-:':' "Ill _' -- ~ ,.... ...::...~~. l~\\\\\:..,;:.-.:..'..,:~ . t UeER 6309 P~CE 80 STATE OF NEW YORK, COUNTY OF SUFFOLK SS.: On the!lfi{' day of October, 19 67 , before me personally came CLINTON A, HOMMEL '0 me known to be the individUi\ ~ in and who executed the foregoing insrnll,*"". acknowledged that he etecured the same. ., , ~ ROBERT w. TASKER NOT'AiRY PUBUC, State of New Vorlc; Suffolk County No. 52-3933725 Term Expires March 30, 1969 '. STAT~ OF NEW YORK, COUNTY OF SUFFOLK SS.: , . . '...., ., On the /I/U day pf October, 19 67 " before me persollidly came LESTER M. ALBERTSON 10 me known,\vho, being by me duly sworn, did depose and <av that he resides at}lllj. Southold, New York, ~ ! '; that he is rhe Supervisor . of the TOWN OF SOUTHOLD 'd 'b d i ' . dfe corporation escn e in and wJ;Uch executed the foregoing instrument; that he knows rhe seal of said cotpprarion; that the seal affixed ro said instrUment is suc~cC?~W!...~~,: that it was, SO affixed by order of the bIddl~?of said cC)rpora- non, and'rh~t he signed h' n~o :r~" ~bflc 1t08ERi w. T,ASKeR N'OT "AY PUBOC, State of ~ York: ibl##o:k County No. 52-393'3725 iitm. "Expires March 301 .1969 itnrgaiu au~ "air mrr~ With Covenant Agaill'st Grantor's Acts J J9 /~ t cd3 CLINTON A. HOMMEL, JACOB W. TYLER and LILLIAN S. MORRIS TO TOWN OF SOUTHOLD Title No. S'ANDAto FORM OF NEW YORK IOARD OF Tl'!U UNDERWRITERS DbtrlblltU by I: ER.COUNTY TITLE NTY an Ol\IPANY ~ v ;;: 0_ ~,.,~~) 5 "" o v ~ "" o ~ '" ::> ~ ~ ~ v < c.. '" '" ;: ~ ~ > ilO ~ ""~ cr- :;~J iJ I ".. ;; r? i .;. .;c -ft } ~ I ~'~ ~ J j .'" c;;. U ft ~ c;;.; .:T ,-: J .1 ,:;1 ~ e u llJ ca:: <....::u ......, CD t~~ ',-<,. STATE OF NEW YORK, COUNTY OF SUFFOLK SS~ On the 1?'Q( day of October, 1967 . before me personally came JACOB W. TYLER to me known to be the individual described in and who executed the for.,going instrument, and acknowledged that he r;xecuted the same.~~ U Notary Public Roa.RT 'fl. TASK>R NOTARY PUBl.!I:, St(lte of NIfrW York 1 Suffolk County N(), S2-393372S Tenn.'Expjra'Ma(d'\ i~J J969 'r STArE OF NEW YORK, COUNTY OF , . SS.: On the. day of 19, before me personally came the subscribing wimess to the foregoing instrument, with whom ,lam personally acquainted, who being by-me duly sworn, did depose and say tha:. he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; thar he, said subSCrIbing wimess. was present and saw execute. the same; and that he, said witness, at the same rime subscribed h name as wimess rhereto. State of New York, County of Suffolk ss; On the ~ day of October, 1967, before me personally came LILLIAN S. MO:RRIS; .to me known to be the individual described in and who executed the foregoing instrument, and acl({l~- edged that she execu~~ . SECl'JO!l '''_. v ! J. r.slon Chicagarj~o.J~t>WrfiAs;;>k Company NOTARY PUB,LIC, Sta$e 0<1' New York Suffolk County ,No. 52-3933725 . C / Term 'Expires March 30, 1%9 eY' BLOCK urf mUNTY OR TOW!l Rel':fJrd..,d At Reqlle"'l_ or -1tITrR eevl'II' 1111. uuaralll7 .. III i~'rl.al' '.I. .. .., IlEl'UR!l BY MAIL TO Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944 Zip No. ,01\-; RECORDEf1 FEe 26 7968 @ If -II.{ ~ NORMAN E. KLIPP' Clerk of SuffOlk eounlf ~ ~ "-- ~ N.Y.B.T.U. Fcmn No.lOOD 37-4.10M-l0-67 ~ .,-(";'.\1-' " ---_.._~-_.-.. - .----....'.---..--'-..- , ~", ,~" I ;;', I ' . . l '" , I '." " I I I'" 1'11",,,,1' MASTER COpy TITLE No. s-59166 DESCRIPTION ALL that certain lot, piece or parcel of land, situate, lying and being in the Town of Southold, County of suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Manhanset Avenue distant 298.15 feet easterly from the corner formed by the intersection of the southerly side of Manhanset Avenue with the easterly side of Inlet Lane; running thence South 78 degrees 54 minutes 40 seconds East, along the southerly side of Manhanset Avenue, 184.46 feet to the ordinary high water mark of Gardiner's Bay; thence along said high water mark,on a tie line of South 9 degrees 19 minutes 40 seconds West, 274.71 feet; thence North 87 degrees 05 minutes 00 seconds West, along land now or formerly of Morris, 130 feet to Gull Pond Inlet; thence along Gull Pond Inlet on the following tie lines: (1) North 21 dttgrees 36 minutes 30 seconds East, 124.07 feet and (2) North 15 degrees 50 minutes 00 seconds West, 191.88 feet to the southerly side of Manhanset Avenue and the point or place of BEGINNING. SUBJECT to an easement or right of way running to Manhanset Avenue in favor of the owners of premises adjoining on the South as created by deeds recorded in Liber 3520 cp 250, Liber 3520 cp 253 and Liber 3520 cp 256. [tt)t:r Validating O{ficeT or Agent Code No. JGM NYBTU.374A 4.5M-6-67 Name of Insured TOWN OF SOUTHOLD Policy No. S- 59166 Amount of Insurance $18,000.00 Date of Issue October 4, 1967 The estate or interest insured by this policy is FEE SIMPLE vested in the insured by means of .1 DEED made by CLINTON A. HOMMEL, JACOB W. TYLER, and LILLIAN S. MORRIS to the insured, dated October 4, 1967. SCHEDULE A The premises in which the insured has the estate or interest covered by this policy is described on the description sheet annexed. SCHEDULE B The following estates, interests, defects, objections to title, liens, and incumbrances and other matters are excepted from the coverage of this policy: I. Defects and incumbrances arising or becoming a lien after the date of this policy, except as herein provided. 2. Consequences of the exercise and enforcement or attempted enforcement of any governmental war or police powers over the premises. 3. Zoning restrictions or ordinances imposed by any governmental body. 4. Judgments against the insured or estates, interests, defects, objections, liens or incumbrances created, suffered, assumed or agreed to by or with the privity of the insured. 5. Title to any property beyond the lines of the premises, or tille to areas within or rights or easements in any abutting streets, roads, avenues, lanes, ways or waterways, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, unless this policy specifically provides that such titles, rights, or ease. ments are insured. Notwithstanding any provisions in this paragraph to the contrary, this policy, unless otherwise excepted, insures the ordinary rights of access and egress belonging to abutting owners. 6. Compliance by the buildings or other erections upon the premises or their use with Federal, State and Municipal laws, regulations and ordinances. 7. Title to any personal property. whether the same be attached to or used in con- nection with said premises or otherwise. 8. Survey by Van Tuyl & Son dated July 11, 1967 shows vacant land. Shows a 20-foot wide right-of-way. No encroachments. Policy will except any changes in conditions which a survey subsequent to July 11, 1967 may show. 9. Water charges, if any. 10. No title will be insured to any land lying below the high water line of Marion Bay, Gardiners Bay and Gull Pond Inlet. 11. Policy excepts the rights of the United States Government, the State of New York and Town of Southold, or any of their departments or agencies, to regulate and control the use of the piers, bulkhead and land under water. 12. In the absence of an Agreement between the owners and encumbrances of three parcels of land conveyed by Deeds recorded in Liber 3520 of Conveyances, Page 250, Liber 3520 of Conveyances, Page 253, and Liber 3520 of Conveyances, Page 256, specifically describing and locating the right-of-way granted over insured premises by insured owners, the location and dimensions of said right-of-way will not be insured. (Note: In each of said Deeds, the right-of-way is described only as "Together with a right-of-way over the lands of the parties of the first part to that portion of Manhanset Avenue or the easterly continuation thereof lying between the waters of Gull Pond Inlet and Gardiner's or Marion Bay.") I" I I ~ Validating Officer or Agent Code No. JGM NYBTU.374A 4:lM.6.67 '-_"-~ -.".--- -. CONDITIONS OF THIS POLICY (a) Wherever the term "insured" is mad in this policy it iDcludes thOHl wbo succeed to the interest of the insured by operation of law fnoludina:, without liJnitation, bein. dittributee.. cleviHet. I11l'- mol'll. personal repMleD.tative.. next of kiD or corporate IUCCeIIOlI, &I the cue may be. and thoae to whom the iruured hu auiped thiI polley where mcb. auipment is permitted by the terml hereof, and whenever the tenD. "fmured" II used in the conditiOlll of this policy it alIo :includes the at.tOIneyI and agenb of the "msured." SectIon One. DefInitions (b) Wherever the term .<thiJ company" iI UItld in thiI policy it meaDIJ Chicaao Title Inlurance Company, (0) Wherever the term "Boal detennination.. or "flnally determined" :II UJed in tbU policy. it meaDI the final determination of a court of competent furildictJon after diIposition of all appeals or after the time to appeal has upired. ( d) Wherever the term .'the premises" iI UJed in thiI policy. it meaDI the property lDsured hereln 81 dea:cribed in Schedule A of thiI policy Jnclu.diDa auoh buildinp and impzovements thereon wbich by law constitute real property, (e) Wherever the term "recorded" is UMd iD thiI polley it JIleaDI, UDleu otherwiIe indicated. recorded in the ofBce of the recordins: ofBce:r of the county .in which property imured""_IJeo. hcIIon Two. (a) This comptUQI' wm.at Its own COlt, defend the:lDatued iD aU. actioDI or lQ"OCMIdiDp fouDded IXl . claim of title or h... ... Defense and not ezcepted in tbIa policy, ProsecvtIan (b) TbU company Ihall have the riiht and may. at Its own CMt, of Suits maintain or defend any action or prooeedina relating to the title OJ' Interest hereby iDsured, or upou 01' under any COveDlUlt or contract relatiDa theNto which. it considenl desirable to prevent or reduce Iou beteuncler. (c) In all easel wheM thiI poiicy. requirel 01' penQib tbU 00DIpaD)' to pI'OIeCUte. or defend, the insured sball secure to it the risht and opportunity to maintain .. defend the action of prooeedina:, and all appeals &om any deterrninldait'~ aad give it aD reuonable aid thetein, and hereby pemdb it to \De ~at ill optiou, its OWD name or the name oJ. the :insured. (d) The........... of tbU........ "'all ourvlve _, by tbU __ "'_ IpeciBc Joq or pay:uumt of the eDtf:te amount of thii polley to the e:deDt. that tbII oompany sh'all deem it necessary in ftlCOvedna: the loss from th~ who may be liable therefor to the insured or to this company, No claim for damaa:_ shall arlIe or bemllintaiDable UDder tbiI policy ezcept in the followina cuet: (a) Where there has been a fiDal det:enrd:Dation UDder which the insured may be dlsposselled, evicted or ejected from the pzem1seI or from some part or undivided share or Interest thendD. (b) Where there has been a final determination advene to the title. UpoD a lien 01 Incum.braDCe DOt ucepted in tbU policy. ( 0) Where the Insured .ball have contracted in aood faith In writing to seD the Insured estate or InteJest, or where the iDlured estate bas been IOld fOl' the bene6t ol the iDlured pursuant to the judgment or order of a court and the title has heeD rejected because of a defect or incumbrmce not excepted in this policy and there hu been a final determination lustainfna: the obJectIon to the title. SectIon Thr... CoIn When u.b1nty A_ (d) Where the insurance fa upon the interest of a mortppe and the mortpp has been adjudged by a final determination to be :IDvalld or ineHectual to charse the insured's estate or interest in the premises:. or subject to a prior lien or incum~ brance not excepted in this policy; or where a recordina oIBcer has refused to ac- cept from the insured a satisfaction of the insured morta:age and there has been a 8nal determination sustainiDg the refusal because of a defect in the title to the ,aid mortzap. C e) Where the insured shall have negotiated a loan to be made on the security of a mortaap on the inlured's estate or inte1'elt in the premises and the title ehall bave been rejected by the proposed lender and it shall have been Bnally determined that the !ejection of the' title W8I justified because of a defect or incumbrance not ex- cepted in thil policy. (f) Where the insured sball bave transferred the title insured by an instrument ClQDtainina covenants in regw to title or warranty thereof and there IIhall have been a. final determination on any of .nch covenants or warranty, againlt the insureii, because of a defect or incumbranco not excepted in this polk'Y. ( g) Whete the insured estate or interest or a part thereof bu been taken by con- demnation and. It bu been finally determined that the insured ill not entitled to a full award for the estate or interut taken because of a defect or incumbrance not excepted in this policy. No claim for damage. sball arise or be maintainable under this policy (1) if this company. after having received notice of an alleged defect or incumbrance, leDlOYel .uch defect or incumbrance within thirty da)'l after receipt of such notice; 01' (2) for liability voluntarily assumed by the inlured in settling any clahn or IUit without the written consent of thiI eompaDY. In case a purchuer or proposed mortaage lender raises any ques- tion as to the suBlciency of the title hereby insured. or in case actual knowledge shall come to the insured of any claim advene Claim to the title insured hereby. or in case of the l8rViee on or receipt by the insured of any paper. or of any notice, summOllS. proces. of pleading in any action or proceeding. the object or effect of which shall or may be to Impugn, attack or call in que.tion the validity of the title hereby insured. the insured shall promptly DOtify this company thereof in writing at itl New York o1IIce and forward to thil company such peper or such notice, summom, proceIs or pleading. Delay in giving thU notice and delay in forwardinlI such paper or sucb notice, .ummons, process or plead.ina shall not affect this company's liability if such failure has not preludiced and C8DD.ot in the future prejudice this company. Section Four. Notice o' Section Fl... (a) This company will pay, in addition to the loss, all statutory coati and allowances imposed on the insured in litigatioD. carried Payment o' Loa on by thiI company fO% the Insured under the temlI of thiI policy. TbiI company ahall not be liable for and will DOt pay the fea of any (lOUDIel or attorneY employed by the insured. (b ) In every case where claim II made for ;'051 01' damap this company (1) reserves the riabt to settle, at its own cost, any claim or suit which may involve liability under this policy; or (S) may termiDate ib liability bereunder by parinl; or tenderina the full amount of thiI policy; or (8) may, without conoedina: liability, demand a valuatioo. of the iIlIured estate or interest, to be made by three arbitraton 0% aD)' two of them, one to be cbosen by the insured and one by this company. md the two thus chOlen .electing an umpire. Such valuatloll. leu the amount of 8Il1 incum- brlLl108l on I&id insured estate and interest not bereby inlured "Unit, mall be the extent of thiI company's liability for such claim and DO ript of aot:Ion .hall aCCNe hereunder for the recovery thereof until thirty days after notice of .uch valuation IhaIl have been served upon this company, and the insured sball bave tendered a conveyance or Ulignment of the insured estate or intereat to this company or its desipee at such valuation, diminished as aforesaid. The foregoma option to fix a valuation by arbitration shall not apply to a pollcy insuring a mMtgap or lease- hold interest. ( c ) Liability to any collateral bolder of thh policy sbaU not ezceed the amount of the pecunia:y interest of such collateral holder in the premiset. (d) All paymentl made by this cornpaD)' under this policy .hall reduce the amount hereof fWO tanto ezcept (1) payments made for counsel :fees and diabunements in defending or pro5ecuting actiOnl or proceedings in bebaH of the insured and fOJ: statutory COI" and allowance. iinpC)led on the insured in .uch actions and proceed- ings. and (2.). if the insured is a mortgalee. payments made to .atitfy or subordi- nate prior liens or incumbrances not let forth in Schedule B. ( e ) When liability has been deBJrltely Bzed in accordance with the conditions of this policy. the Iou or damage shall be payable, within thirty days thereafter. SectIon Six. ( a ) In the event that a partial Iou occurs after the insured makes an improvement subaequent to the date of this polley, and CcMnsuranc. only in that event, the inlured becomell a co-inSurel' to the extent and hereinafter set forth. Apportion....nt If .L_ of th . UICl' COlt e Improvement exceeds twenty per centum of the amount of this policy. such proportion only of any partial loss eltablisbed sball be borne by the company as one hundred twenty per centum of the amount of this policy bean to the sum of the amount of this policy and the amount ezpended for the improvement. The foregoina: provislonl shall not apply to COlts and attorneya:" feel incurred by the company in prosecutinJ or providing for the defense of actionl or ptooeedings in behalf of the insured pursuant to the terms of thia policy or to coats imposed on the insured in IUch actions or proceecUngs, and shall apply only to that P?'rtlon of losses which exceed in the aggregate ten per cent of the face of the policy. ProYided, however, that the foregoing' co-insurance provision! shaD not apply to aay Iou ariaina out of a lien or encumbrance for a liquidated amount whicb existed CD the date of this policy and was not shown in Schedule B; and provided further IUOb co-insurance prov!sionl. sban not apply to any loas if, at the time of ~ ooourreoce of sucb lou. the then value of the premises, as so improved. does not noeed. one hundred twenty per centum of the amount of this policy. (b ) . U the premisel are divisible into separate. independent pa.rceb. and a loss II eltablished eJfeodng ODe or mOftl but not all of said parcels, the Ion shall be com- puted and settled on a fWO rata basis 81 if this policy were divided pro ratIJ &I to value. of laid separate, independent parcell, exclusive of improvements made subsequent to the date of this policy. (c) Clatwll "(a)" and "(b)" of this section apply to mortgage policiel only after the insured ehall have acquired the interest of the mortplor. Cd) U, at the timeli_bOity for any Iou mall have been Bzed punluant to the conditions of this policy. the insured bolds another policy of insurance covering the same Iou IIsued by another company. this company shall not be liable to the insured for a lreater proportion of the Iou than the amount that this policy bean to the whole amount of insurance held by the insured, unless another method of apportion- ing the Joss ehall bave been p1'OYided by agreement between t1us company and the other insurer or worei'll. Section Seven. If the interest insured by this policy is that of a mortlagee tbis A.1i nm" policy may be assigned to and shall enure to the beDeBt olsne- of P gli cessive assignee~ of the mortgage without consent of this com- O cy pany or its endorsement of this policy. Provision is mflde in the rate manual of New York Board of Title Underwriters filed with the Superintendent of InlW'1U1Cl8 of the State of New York on behaH of this and other member com- panies for continuation of liability to grantees of the insured in certain specIBe circumstances only. In no circumstance provided for in this section shall this com- pany be deemed to have Insured the sufBciency of the form of the assignment or other instrument of transfer or conveyance or to bave assumed any liability for the sufficiency of any proceedings after the date of this pollcy. Section Eight. (0) Th~ co~pany shall to the extent of any paymeut by it of Iou Subrogation under thIS policy, be subrogated to aD rights D! the insured with respect thereto. The insured shall execute such IDIItruments as may be requested to transfer sucb rightl to this company. The rigbts so transfened shall be subordinate to any remainin& interest of the insured. (b) If the insured is a mortgagee, this company's right of subrogation shall not prevent the insured from releasing the personal liability of the obligor or auarantor or fr~ releasing a .rartion of the premises from the lien of the mortaaae or from increasmg or othetwlse mod.ifying the insured mortgage provided such actl do not affeci the vaHdity or priority of the Hen of the mortgage insured. However the liability of tbia company under this policy shall in DO event be increased 1Jy' any su(:b act of the insured. Section Nine. MIv.,_ .entatlon Any untrue statement made by the insured, with respect to any material fact, or any suppression of or failure to dilclose any material fact, 01' any untrue answer by the insured, to material Inquiriel before the issuance of this policy. sball void this policy. Section Ten. No Waiver of Condition. This company may take any appropriate action under the terml of thil policy whether or not it shall be liable hereunder and shall not thereby concede liability or waive any proviIIon of this policy. All actions or proceedinp;s against this company mud 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 Contrad tbiI company in mpect of other services rendered In connection with the iuuance of this policy, mall be deemed to have merKed In and be restricted to its terml and conditionl. Section Ele.en. Policy Entl... Thill policy is valid only when duly signed by a validating oWcer 01' agent. ChllDgeS may be effected. ,only by written endorsement. H the recordInl date of the instruments creatina the insured in- terest II later than the policy date, such policy shaD also cover intervening lienI 0% in<:umbranoes, except real estate t&xell. W1sNsments:, water charpJ and sewer rents. SectIon Twelve. 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