#1201 - Deed;Warranty Deed -From Clay Dev. Corp. to City of South Bend-CARRIAGE HILLS RETENTION BASIN

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ATTACHED TO POLICY NO. 15 021 04 O g is z b ISSUED BY The Abstract and Title Corporation of South Bend CHICAGO TITLE INSURANCE COMPANY The Cornpany, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January I which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the arnount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this policy is a parcel on which there is only a one-to•four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or, b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. This Endorsement is made a part of the policy or commitment and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terins and provisions of the policy or commitment and prior endorsements, if any, nor does it extend the effective date of the policy or commitment and prior endorsements or increase the face arnount thereof. CMCAGO TITLE INSURANCE COMPANY 1 s U . P4y 7'ho Abstract and Title APORAiF Cor oration � � p o;`CO'•;a 226 West Jefferson Boulevard ?�( South Bend, Inpiana 4o001 a ATTEST: QJ Aupthorized Signatory Note: This en�/aispAJd#p1t trot be valid or binding until countersigned by an authorized signatory. President. Secretary. NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges (if applicable at all) will he allowed only upon the original face amount of insurance as stated in Schedule A of said Policy. n 2697