Recorded Deed - Blue Jay Land Co

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(c)No claim for damages shall arise or be maintainable under this guarantee (l) if the-Company after having received notice of-an alleged defect, lien or encumbrance not shown as an Exception or excluded herein, remov€s such defect, lien-or encumb.un"e within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d) All payments under this Guarantee, except for attorneys'fees as provided for in paragraph 6(b) hereof shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without producing this Guarantee for endorsement of suth payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be fumished to the satisfaction of the Company' (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter' 7. STJBROGATION TJPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to- and be entitled to all rights and ,"-"'di"j which the Assured would have had against any person or properfy in respect to such claim had this Guarantee not been issued. If the payment does not cover the loss of the Assured, the company shall be subrogated to such rights and remediei in the proportion which said payment bears to the amount of said loss' The ,fssured if reque-sted by the Company, sliall transfer to the Company all rights and. remedies against any person or property necessary in order tb perfect such right of subrogation, and shall permit the Company to use ih" nu*" of the Assured in iny transaction or litigation involving such rights or remedies. 8. GUARANTEE ENTIRE CONTRACT Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of ihe subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing-endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating ofFtcer of the Company. 9. NOTICES, WTIERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number ofthis Guarantei and shall be addressed to the Company at: Westcor Land Title Insurance Company, Attn: Claims, 875 Concourse Parkway South, Suite 200 Maitland, FL 32751. Telephone (866) 629- 5842. 10. FEE The fee specified on Schedule A of this Guarantee is the total fee for title search and examination and for this Guarantee,