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Form No. 12(6/6/92) Order Number: 8701- <br /> 2930875 <br /> CLTA Lot Book Guarantee Page Number: 6 <br /> (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed,in <br /> which case proof of loss or destruction shall be furnished to the satisfaction of the Company. <br /> (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations,the loss or damage <br /> shall be payable within thirty(30)days thereafter. <br /> 11. Subrogation Upon Payment or Settlement <br /> Whenever the Company shall have settled and paid a daim under this Guarantee,all right of subrogation shall vest in the Company unaffected by any <br /> act of the Assured claimant. <br /> The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in <br /> respect to the daim had this Guarantee not been issued. If requested by the Company,the Assured shall transfer to the Company all rights and <br /> remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, <br /> compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. <br /> If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the <br /> Assured after the Assured shall have recovered its principal,interest,and costs of collection. <br /> 12. Arbitration. <br /> Unless prohibited by applicable law,either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the <br /> American Arbitration Association. Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the <br /> Assured arising out of or relating to this Guarantee,any service of the Company in connection with its issuance or the breach of a Guarantee provision <br /> or other obligation. All arbitrable matters when the Amount of Liability is$1,000,000 or less shall be arbitrated at the option of either the Company or <br /> the Assured. All arbitrable matters when the amount of liability is in excess of$1,000,000 shall be arbitrated only when agreed to by both the <br /> Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may indude attomeys'fees only if <br /> the laws of the state in which the land is located permits a court to award attorneys'fees to a prevailing party. Judgment upon the award rendered by <br /> the Arbitrator(s)may be entered in any court having jurisdiction thereof. <br /> The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. <br /> A copy of the Rules may be obtained from the Company upon request. <br /> 13. Liability Limited to This Guarantee;Guarantee Entire Contract. <br /> (a)This Guarantee together with all endorsements,if any,attached hereto by the Company is the entire Guarantee and contract between the Assured <br /> and the Company. In interpreting any provision of this Guarantee,this Guarantee shall be construed as a whole. <br /> (b)Any claim of loss or damage,whether or not based on negligence,or any action asserting such claim,shall be restricted to this Guarantee. <br /> (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the <br /> President,a Vice President,the Secretary,and Assistant Secretary,or validating officer or authorized signatory of the Company. <br /> 14. Notices,Where Sent <br /> All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this <br /> Guarantee and shall be addressed to the Company at 2 First American Way,Bldg 2,Santa Ana,California,92707. <br /> First American Title Company <br />