Chicago Title Insurance Company Issuing Agency Contract (Page 2 of 4) in pdf

Rates and Remittances. Attached hereto and made a part hereof is a Schedule of Rates and Remittances.

Agent shall quote, charge and collect the Rates set forth therein. Principal may change or revise said Rates from time to

time on due notice to Agent. Agent shall report and remit to Principal as required by the Schedule of Rates and

Remittances.

Liability of Agent. Agent shall be liable to and agrees to indemnify and to save harmless Principal for all

attorney's fees, court costs, expenses and loss or aggregate of losses resulting from:

Omissions or other inaccuracies in any commitment or policy which are disclosed by the application, the

approved examiner's report, or which were known to the Agent;

Errors and/or omissions in the abstracting or examination of title by Agent or Agent's employees and/or

subcontractors, except for abstracting or examination of title provided to Agent by Principal;

Failures of Agent, its officers and employees, to comply with the terms of this contract or with the rules,

regulations or instructions given to Agent by Principal;

Any improper closing or attempted closing by the Agent, including, but not limited to, (1) loss or

misapplication of customer funds, documents, or other things of value entrusted to Agent in any custodial or fiduciary

capacity resulting in loss to Principal, and/or (2) failure to disburse properly or close in accordance with escrow and/or

closing instructions, and/or (3) misappropriation of escrow or closing funds by Agent, its officers or employees.

Insurance. Agent shall immediately obtain and keep in full force during the term of this contract:

A Title Insurance Agent's Errors and Omissions Policy with opinion of title coverage with a company

acceptable to Principal in a sum of not less than $1,000,000.00 and a deductible provision of no more than $5,000.00per

loss; and

A Fidelity Bond of $

N/A

covering all officers and employees of Agent. Agent agrees to furnish

Principal with a copy of said policies and any other evidence that Principal may deem necessary evidence of compliance

with this provision.

Examination of Records. Agent agrees to provide access for examination to the Principal at any

reasonable time or times to all files, books and accounts and other records of Agent relating to the business carried on

hereunder and to the closings of transactions committed to the issuance of Principal's policies of insurance. Such right of

examination may also be exercised after termination of this contract.

Shortage of Funds. In the event a shortage is revealed or discovered in Agent's accounts of funds

entrusted to Agent by others or in the remittances due Principal hereunder, then Principal may declare immediately due and

payable any debts owed by Agent, including any funds for which Principal may be responsible or have a liability therefor.

Principal shall have a lien on all property of Agent as security for the repayment thereof. On demand by Principal, Agent

shall immediately make good the shortage or convey and deliver possession of such property to Principal. A conveyance of

such property shall not of itself relieve Agent of further liability for said shortage, but may be utilized to mitigate the

liability of Agent therefor.

10.

Advertising. Agent agrees that it will not use the name Chicago Title Insurance Company in any of its

advertising without the prior written approval of Principal.

11.

Claims. If a policy claim is made to Agent, if Agent receives notice of a potential claim, or if Agent

receives notice of litigation which may result in a claim, Agent shall immediately give notice to Principal and shall lend all

reasonable assistance, without charge to Principal, in investigating, adjusting or contesting said claim. Agent shall not be

required to act as or provide counsel in connection with said claim.

12.

Assignment. This contract is not assignable except upon written consent of the parties hereto. This

contract is, however, binding on and inures to the benefit of any corporate successor of Principal.

13.

Non-Waiver by Principal. The failure of Principal to enforce strictly the performance by Agent of any

provision of this contract or to exercise any right of remedy following from Agent's breach of any condition or the

acceptance by Principal of any payment, remittance or other performance during Agent's failure to perform or during

Agent's breach shall not be a waiver by Principal of its rights under the contract as written and shall not be construed to be

an amendment or modification of this contract as written.

Chicago Title Insurance Company Issuing Agency Contract Page 2

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