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JAN/09/2007/TUE 09:24 AM . • P. OF rorm No.12(6/6/92) r'`. Order Number:8701- 302175 CLIA lot Book Guarantee Page Number; 6 If a payment on account of a claim does not fully mver the loss of the Assured the Company shell be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,interest,and meas of collection. 12. Arbitration. Unless pmhUhed by applicable low,either the Company or the Assured may demand arbitration pursuant to the Title insurance Arbitration Rules of the American Arbitration Assodabon. Arbitrable matters may Include,but are not limited to,any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee,any service of the Company In connection with ith Issuance or the breach of a Guarantee provision 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 the Assured, All arbitrable matters when the amount of Ilabghy Is in excess of$1,000,000 shall he arbitrate only when agreed to by both the Company and the Assured. The Rules In effort at Date of Guarantee Shall be binding upon the parties. The aware may mdude atft)MC 'fees only If Via laws of the state in which the land Is located permits a mutt to award attomeys'fees to a prevailing party. Judgment upon the award rendered by the Arblbator(s)may be entered in any court having Jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Age Insurance Arbitration Rules. A copy of the RWas may be obtained from the[ompany upon request. 13. Liabffity Limited to Ibis Gro ntoa;Guarantee Entire Contract (a)This Guarantee together with all endorsements,if any,attached hereto by the Company is the ehUM Guarantee and contract between the Assured and the Company. In Interpreting any pmvtslon of this Guarantee,this Guarantee shag be construed as a whole. (b)Any claim of loss or damage,whether or not based on negligence,or any action asserting such claim,shag be restrielad to this Guarantee. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or atuched hereto signed by either the President,a Vice President,the Secretary,and Assistant Secretary,or validating officer or authorized signatory of the Company. 14. Nodwai,Where Sant 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 Guarantee and shall be addressed to the Company at 2 First Ametian Way,Bldg 2,Santa Ana,California,92707. I .i 11 I I i I I I Fi75tAmerlcan77fleCompanyOfStDLAt 12 I -