CLTA Form 100.31(5/1/75) [Rev. 11-11-99 by STG]
1970 Form Policy
Attached to Policy No.
HEREIN CALLED THE COMPANY
The Company hereby insures the insured against loss which the insured shall sustain by reason of physical, but not aesthetic, damage to improvements existing on the land at Date of Policy or constructed thereon thereafter, resulting from the exercise subsequent to the Date of Policy of any rights to use the surface of the land under the mineral interest referred to in Exception No. of Schedule B ("the mineral rights"), subject, however, to the following terms and conditions:
1. The insured shall notify the Company promptly in writing in case knowledge shall come to an insured hereunder of any actual or threatened exercise of the mineral rights.
2. The Company shall have the right, at its cost, to take any action which in its opinion may be necessary or desirable in order for the Company to avoid or minimize the extent of its liability under this endorsement, including, but not limited to, any or all of the following:
(a) In the Company's own right, or in the name of the insured or of the Company's benefit, to institute, prosecute and pursue to final determination any proceedings at law or in equity, or before any municipal, administrative, or regulatory tribunal or board;
(b) In the Company's own right, or in the name of the insured for the Company's benefit, to compel the giving of security bond or undertaking by the person or persons from whom the insured is entitled by law to such security, bond or undertaking, and in the same amount or amounts to which the insured would have been so entitled had this endorsement not been issued; and
(c) to retain or be paid out of any such security, bond or undertaking, or out of any compensation or funds recovered by the Company or the insured such amount as will reimburse the Company for all payments made to the insured by the Company by reason or the insurance afforded by this endorsement, together with all costs and expenses incurred by the Company in connection therewith, including attorney's fees.
3. No rights, benefits or defenses are intended to or shall be deemed to flow or be made available to any person or entity other than the insured by reason of the insurance afforded by this endorsement, and the insured agrees that all of the insured's rights and remedies against third parties relating to the subject matter of this endorsement shall be deemed to have remained intact, in the same manner as if this endorsement had not been issued.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof.
STEWART TITLE GUARANTY COMPANY
Policy Issuing Agent: