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HomeMy WebLinkAbout0114 868148 .-.w: j ~ '~( '" ..:. ~\ ff-- _-:c::___-_~_c~e~-e:t~'~-~O. ';) CrO /I:~ i I ::> ,;:::-' 1,1 THIS DEED, Made this :r-.. I 19 77, between \1 ,Jefferson County, , corporate ~ Recorded aL,.....].~:$.'rtt_.....h---M" ; -;::";"f ..___.__...~ccorder, _.......J.~ ..."'--_..__ ____ day of April . , 'v l' - - Recorder's Stamp 7th 29~'7 llG a body politic and I~ I IX. t 'uL1: .... of the county of Colorado, of the first part, and Jefferson and State of d'l ..... '" .,., '" City of Wheat Ridge, a municipal corp~ra- tion a corporatlOOl organized and existing under and by virtue of the laws of the State of Colorado , of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten and No/lOa Dollars ------------------------------------- DOLLARS, to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doe s remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and assigns forever, all right, title, interest, claim and demand which the said party of the first part ha s in and to the following described parce 1 situate, lying and being in the County of Jefferson and State of Colorado, to wit: !l. c:-,:,r-- (\J Ir-- +-' 0) c: ~ Q),~ .-l g~ u 0:: o n- O .._~, "-0.1 .$ II (\J I' en ' ";,e S";, of Lot 1, Block 3, except the West 6 feet thereof, Barth's Subdivision, City of \'iTheat Ridge. County of Jefferson, State of Colorado, specificaJly including that reversion in the Commissioners' 0eed to the City of Wheat Ridoe, da~ef September 23, 1976, at Book 2911 Page 920 in the records of the Clerk and Recorder frr Jefferson County, Colorado. II , TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privileges thereunto belonging Dr in anywise the!"eunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part, its successors and assigns forever IN WITNESS WHEREOF, The said part y of the first part ha ~ and seal the day and year first above written. S; ~ ,d, S..,.d .., D." mod ,. <h. P""." .f 1 hereun to set its hand ,JEEE.ERSONh.C.oUNTY."h,a,..ho.dy.___.po.li__r i c and corporate ,BY.;~: Robert F. lement, Chairman _Bo.a.r,d...o.f...Co,llnty..._Commissi.on~~TH ~. STATE OF COLORADO, }ss. County of Jefferson The foregoing instrument was acknowledged before me this 7 th 1977,by' Robert F. C'.l".T,ert, Chairman, Board of My cummission expires ~-.-L- i 1 / C; 77 day of April County Commissioners. i I 'I l~c~_~~~c.~ ~~~_~~o~__~_-~._ _". Ii I' I- i, II I! I , i I I Ii Ii """=--=:C~="'----==--="-=_:-_--==",=,=-"="c,=L &::w;;~,:..., Notary Public. i, I: I I I No. 522. -QUIT CLAIM DEED TO CORPORATION. Bradford Puhli~hing Co., 1824-46 Swut Str<>et. Denver, Colorado :: 1,\ ~~~m7 116 .~,,:-~~ - - --::'.p~~"~> , , _ '1-;; ~ Jl--1hCbY-C'~ ~{i1~'7.~r " ( 7r !lt~ 9 fr tf3v~ ~ ~ _ reo ~~-.I!.<-<~' h- 7" '" 7; cty, (}<AA~ ILr ~ jJ ~ '!r 11'''- eX'- 1f;2 )~/ a 06 ~ ~~c~ ~ov- c:r~ pfJJ!y 4/ ~_ ~AJQ.Y tv --</~ a:6 ~ i "d'd' - del It dr zl 1}lrJJ~ .1/1 J[/- y-cC:~ ' -' , ~~ -/;)50/0. ~ ~ ~acX IJ~ 'If /1 Jf BOARD OF COUNTY COMMISSIONERS HAL ANDERSON District No.1 ROBERT F CLEMENT District No, 2 JOANNE PATERSON District NO.3 April 22, 1977 City Clerk City of Wheat Ridge 7470 W. 38th Avenue Wheat Ridge, CO 80033 Re: 44th and Robb Street Brannan Tract City of Wheat Ridge in exchange for Hayward Property Dear Sir: Enclosed please find the original Quit Claim Deed from Jefferson County to the City of Wheat Ridge conveying the Hayward property to the City of Wheat Ridge in exchange for the Brannan Sand and Gravel property. Please place these in your files for future reference. If you have any questions, please contact me at your convenience. v~ry tru~" ~ours, ':I^~ 4-~w.A.. · . VV\ , Richard F. Mut~b ugh Assistant County Attorney RFM:dc Enclosures cc: Maurice Fox City Attorney COURTHOUSE 1700 ARAPAHOE GOLDEN, COLORADO 60419 668149 ,.. Recorded ~J:"U"..;-~mt..ti".tf'clock...........,M., ........................,................................._.......... v . w i.lli' /ii~' I: i"~' "- Reception No............................. ......_......,...........................,...................+OJ9~ot*r. ;9 \.' ^ "'.. _'J I v.o:'. ,<1 l /- .,1 (j ."_ n r , .., ,,', \J . ,~ t....~ Tj Ii I ,,~'" I~ I ! I ~l RECORDER'S STAMP TillS DEED, Made this 27th day of January _ L19 7L. b ~tween BRANNAN SArlO A~lO GRAVEL Cm1PMlY 2~Jt3t, 117 a corporation duly organized and existing W1der and by virtue of the laws of the State of Colorado of the first part, and JEFFERSON COUNTY, a body politic and coroorate a corporation duly organized and existing under and by virtue of the laws of the s,tate of Colorado of the second part; I i W~TNESSETH, That the said party of the first part, for and in consideration of the sum of ----Ten (SlO.OO)--------------------________________________________ DOLLARS to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby ccnfessed and acknowledged, hat..i. gr3..&'"1ted, bargair:cc, sold a...'"1d conyej.ed, a.'1d by these presents. does grant. barg3.i:I, sell, co~ey and confirm, unto the said party of the second part, its successor3 and assigns forever, aU the following described or parcel of land, situate, lying and being in the COW1ty of J ef f er s on and State of Colorado. to-wit: For legal description see Exhibit A attached hereto and incorporated herein. ~.ht':!o 1J,:~.1.~-t,... ~1-"'1 -f '1 CI.... . '~""d ,. ".' ...s accertc:l this c: ( ./'tfRU-'unu_n. 19 '1-/", $\ ~II ~'r-- ~ ~ r--- ... hni ' c: ~ (1\ ...-1 E~_ ' :1':, g~ ex.:: ~ c:::: c:> "-'. (j ",-, '/J [ {"" - - ('\~;2?S OF &!J)!ii:: I TOGETHER, with an and singular the hereditaments and appurtenances thereunto belonging, or in anywise :!~pe~t~:!l!~g; ?nrl the !"eY~r5icn and. reversions, remainder and remainders, rents, issues and. profits thereoi; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity. of, in a:1d to the above bargained premises, with the heredit."lments and appurtenances. TO HA VZ AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said party of the second part, its successors and assigns forever. And the said .~ ~-~ C~~_.i:l:~::ln i i I I I I and the above bargained premises in the quiet and peaceable possession of the said party of the second part. its suc- I cessors and assigns against all and every person or persons lawfully claiming or to claim the whole or any part 1:,11 thereof. the said party of the first part shall and will WARRANT AND FOREVER DEFEKD. " IN WITNESS WHEREOF, The said party of the Hrst part hath caused its corporate name to be Itetiront~ '~~h" ) scribed by its/----- ~"presicent, and its corporate seal to be hereunto affixed, attested by its ,,;::"", ! ii. secretarY~~Y and'o'ear Iirst a, bO,ve written. :. : "'. .!I ,. \, ',~:" iI Attest: I / ". , .' BRAW~AN SArlO AND GRAVEL COi.1PMlY I: . ,_ _..........!...~ . '- :~{.d:.~:.~!.__..__........_........... -~.~:,:::~~::~?::::::~:/::;::::~::;~~:~::~:::::::~:~::::::::~.~.:,~,~,~::,::~,.,IIJ / ~. ~ 7-- S~"""" , p...."ri..",. ' , STATE oj, COLORADO, 1 ' ,co C&~, Jefferson ~ss. ........ih~.f.~~~~~i~~'in'~::I%r~;..;~~.;.7'~k~.~.;i~d~~d-~efore me this 3i day of ,T d /1/ if 4,( Y- 1917 ,by t[/ It/ ':::>etCf-'tfJ , ....as P!esiuentand ii C- T I /f /J ,1 /4/ f ".::.::",;15, jfc,5," T - Secretary of ' BRANnAN SArlO Ar!J GR.!\VEL COt-lPAiIY, . : (';:"~,.:': L; '...' a corporation. :My notarial commi3sion expir~s ''''''-. \, ~Tmj ~C,' .' ~:; . ~r (), /1 l_c=c=~=-_--~--:"~=~=~~d~iS\:~~i;~~-~~~~J~,~-:j . e ~ \ ;. No. 767. 'VAHIlA1'.'T)'" IH<;f,U-CoqwrnHoh to COI,.vnI:lon .~Hn.fll~'rd I'llLlhh;U1: Co.,13Z,S-4G Stout ~t:'(__""t, Dlmvcr. Cl,IGr:\du party of the first part, for itself, its successors and assigns, doth covenant, grant, bargain and agree to and with the said party of the second part, its su~cessors and assigns, that at the time of the ensealing and delivery of these pres- ents it is well seized of the premises above conveyed, as of good, sure, per:ect, absolute and indefeasible estate of inheritance. in law, in fee simple, and hath good right, full power and lawful authority to grant, bargain, seU and convey the same in ma~ner and form aforesaid. ,md that the same are free and clear irom all former and otht, grants, bargains, sales, lieus. ta.xes. assessments and incumbrances of whatev~r kind or nature soever; ~~'IH', 11'1 2~J~', 118 That portion of Section 21, T3S, R69W of the 6th P.M., described as follows: Beginning at a point on the east 1 ine of the SW~ NW~ of said Section 21 which bears SOo12'E a distance of 250.64 feet; thence N89043'W a distance of 201.14 feet to a point 252.33 feet north of the south line of'the SWI" NW!" of said Section 21; thence NOo18.5'14 pe:rallel to:the west line of the NI>I'4 of said Section 21 a distance of,90 feet; thence N89043'W a distance of 343.75 feet to a p01nt on the east line of that tract described in Book 2181 at,Page 386 of the Official Records of Jefferson County, Colorado, said point being 345.12 feet north of the south li~e of the NW~ of said Section 21; thence southerly along the easterly line of said tract described in Book 2181 at Page 386 a distance of 345.12 feet to the south line cf the NW~ of said Section 21; thence continuing southerly alonq the easterly line of said tract described in Book 2181 at Page 386 a distance of 423.71 feet to a ooint 241.15 feet no~th of the south line of the N~ NW'4 SW'4 of said Section 21' thence easterly parallel to the south line of the N~ N14~ SW'4 of said Section 21 a distance of 551.46 feet to the east line of the NW'4 SW'4 of said Section 21; thence norther- ly: along the east line of the NW'4 SW'4 of said Section 21 a distance of 422.82 feet to the northeast corner of the NW'4 SW'4 of said Section 21; thence northerly alonq the east lire of the SW'4 NW~ of said Section 21 a d~stance 'f 250.64 fe~t to point of beginning, containing 9.269 acres. I ?.!It{', 118 TELEPHONE 303421.8480 37i30 VANCE STREET. WHEAT RIDGE, COLORADO 80033 The City of OFFICE OF THE CITY ATTORNEY November 17, 1976 TO: Elise Brougham FROM: Maurice F. Fox Dear Elise: Enclosed is a Policy of Title Insurance regarding Barth's Subdivision to be included in the permanent records. MAURICE F. FOX/jr " 1 '\\.L \ '.,l" -, c '-J.. 11-~ t-l <.:: v _~ '~-L~ "The Carnatwn eltv" Policy of Title Insurance Issued by T..ansame..lca Title Insu..ance Oompany SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: Title to lhe estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; :l l.ack of a right of access to and from the land; or 4 Unmarketahility of such tiUe. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Tl'ansamol'lCa Tltlolnsul'ance Company By ~ U;:"7 p~ --~ President By Secretary SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: L Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2, Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy 3, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The following terms when used in this policy mean: (al "insured" the insured named in Schedule A. and, subject to anv nghts or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including. but not limited to, heirs. distributees, devisees. survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant" an insured claiming loss or dam- age hereunder (c) "knowledge" actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records, (d) "land" the> land described, specifically or by reference in Sche>dule A. and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title interest, estate or easement in abutting streets, roads. avenues. alleys. lanes, ways or waterways. but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy (e) "mortgage" mortgage, deed of trust, trust deed, or other security instrument. (f) "public records" those records which by law impart constructive notice of matters relating to said land, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage ot this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebted. ness :;ecured bv a purchase money mortgage given by a pur- chast'[ from such insured. or so long as such insured shall have liability hv reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest. provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or inten'st or the indebtedness secured by a pur- chase muney mortgage giv('n to such insured. 3, DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against slIch insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land. to the extent that such litigation is founded upon an alleged defect. lien. encumbrance, or other matter insured against hy this policy (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company mav be liable by virtue of this policy. or (iil) if title to the estate or interest, as insured, is rejected as un- marketable, If such prompt notice shall not be given to the Company. then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice, (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy, the Company may pursue any such litigation to final determination by a court of competent juris. diction and expressly reserves the right, in its sole discretion, to appeal from anv adverse judgment or order (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement. securing evidence. obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS - LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage, Continued on Front of Back Cover FORM NO C.5000.t FOR USE WITH COLORADO REGION AMERICA.N LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (A.MENDED 10-17 701 SCHEDULE A AmOlUlt of Insurance S 230,500.00 Policy No. 6022678 Date of Policy October 6, 1976 9:45~ A.M. Order No. }, Name of Insured: JEFFERSON COUNTY, a body politic and corporate, a Colorado Corporation 2. The estate or interest in the land describen herein and which is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: JEFFERSON COUNTY, a body politic and cortate, a Colorado Corporation Sheet 1 of 3 r FORM NO C.6000.2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIAl"ION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10-17.70) S C II ED U LEA-Continued Policy No. 6022678 Ordcr No. The land refcrred to in Ihis policy is situated in the Statc of Colorado, County of Jefferson . and is dcscrihed as follows: .' Lot 1, Block 3, BARTH'S SUBDIVISION, EXCEPTING the North Half of the East Half of said Lot and the West 6 feet of said Lot therefrom. FORM NO C.5000.3 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17.70) SCHEDULE B Policy No, 6022678 Order No, This Policy does not insure against loss or damage hy reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easemcnts, or claims of casements, nol shown by the pllhlic records. 3. Discrepancies, eonflicts in honndary lines, shortage in area, encroachments, and any facts which a cor- rect survey an,1 inspection of the premises would disclose and which are not shown hy the pnhlic records. 4. Any lien, or right to a lien, for service'S, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes dne and payable; and any tax, special assessments, charge or licn imposed for water or seWPT service, or for any other special taxing district. Any and all unpaid taxes and assessments. Continued from Back of Front Cover 5 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Companv hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized by the Company 6, DETERMINATION AND PAYMENT OF LOSS (a) The liabilitv of the Company under this policy shall in no casE.' exceed the least uf. (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in liti. gatiun carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such lIlsured with the written authorization of the Company, (e) When IJability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter 7 LIMIT A TlON OF LIABILITY No claim shall arise or be maintained under this policy (a) If the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise. removes such defect, lien or encum- brancp or establishes the title, as insured, within a reasonable time after rccl'iflt of such notice; (b) in the event of litigation until th,'re has been a final determination by a court of com- petent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured, as provided in paragraph 3 hert'of; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company 8, REDUCTION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policv be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company 9 LIABILITY NONCUMULATIVE It IS l'xpressly understood that the amount of insurance under thIS policy shall bl' reduced by any amount the Com- pany mav pav under policy lIlsuring eIther (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage herpafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall bt' deemed a payment under this policy The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payablt' hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner 10, APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to [he value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shal] vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights Or remedies, If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment bears to the amount of said Joss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company Any claim of loss or damage, whether or not baspd on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretarv, an Assistant Secretary, or validating officer or authorized signatory of the Company 13. 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