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6.1. F. - Page 45 Form No. 14 Order Number: 41ui- 3813787 CLTA Subdivision Guarantee (9-10-75} Page Number: 5 (a) No payment shall be made without prnducing EhRs Guarantee for er�dorsement of the payment unless the Guarantee has hea� fost or destroyed, {n whEch case pronf of loss or destruction shail 6e furnished to the satis#act'san of the Company. (b) When liabililj+ and the extent of lass or damage has heen definite{y fixed in accordance with these Conditions and Stipulations, the foss or damage shall 6e payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settfement. Whenever the Company shal[ have settled and paid a cfairr� under this Guarantes, all right of subragation shall ves� in the CorrEpany unafFected 6y any act of the Assured clairrtant, 7he Company shall be subrogated ta and be entitled to afl rights and remedies which the Assured would have had against ar�y person ar property i€� respec� to the claim had this Guarantee not been issued. If requesYed by the Company, the Assured shall transfer ta the Carnpa€sy afl rights and remedies aga'snst any person or prope€ty necessary in order to perFect this right of subrogation. The Pssured sha[I permi� the Company to sue, comprom€se or settfe in the name of the Pssured and to use the name of the Assured in any transaction or liEigation involving these rights or remedies. If a payment on account af a claim does not ful6y cnver the loss of the Assured tf�e Company shall be subrogated to all rights and remedies of the Assured atter the Pssured shal[ ha�e recovered its principal, interest, and cosEs of colledion, 12. Ar6itration. lJnless prohibited by appficable law, eit�er tf�e Company or the Assured �ay demand arbitration pursuant to the Tit�e Tnsurance ArbiEration itules of ihe American Arb€tration Assvciation. Arbitrable matters may include, but are not IimiCed to, any cor�troversy or claim hetween the Company and Ehe Assured arising out of or relating to this Guarantee, any service of the Cor�pany in connec#ion with its issuance or the hreach of a GuaranYee provision or other obliga€�on. All arbitra6le matters when the Amount of Liabtlity Is $�,(��,UOD or less shall be arbitraEed at the option of either the Co€npany or the Assured. All ari�itrabfe matters when the amount af liabiliry is in excess o€ $1,�OO,Q00 shall be arbitrated only when ag�eed to by both the Co€npany and the Assured. The Rules €n effect at Date af Guarantee shail be 6inding upan the parties. The avuard may inciude at�orneys' fees only if the faws of the state in which the land is IocatecE permiEs a court to award attomeys' Pees to a prevai[ing parry. Judgment upon the award rendered by the Ar6itrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tit[e fnsurance Arbitration Rules. A copy of tkte Ru�es may be obtained from the Company upon requesk. 13. Liebility Limited to This Guarantee; Guarantee Entire ContracY. (a) This Guarantee together with all endarsements, if any, attached hareto by Ehe Company is the entire Guarantee and coniract be€ween the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee sha[E be constr�ed as a whole. (b) Any claim of Inss or damage, whether ar not based on negligence, or any acttan asser#ir�g snch clatm, shall 6e restricted to this Guarar�tee. (c) No amendment of or endorse�nent ta this Guarantee can be made except by a writing endarsed hereon or atkached hereto signed by ei�her the President, a Vice President, the SecreTary, and Assistant Secre�ary, ar validating offlcer ar authorized signatory of the Co�npany. 14. Natices, Where Sent. All notices required to 6e given the Company and any staterroent in wriEing req€aired to 6e furnished the Company sha11 incl�de the numbar of this Guarantee and shall be addressed to �e Company at 2�irst American Way, Bidg 2, Santa Ana, California, 92707. FirstAmerican 7"itle Cnmpany