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Form No. 1402.92 (10/17/92) Order Number: 160323ALA <br />ALTA Standard Owner's Policy Page Number: 7 <br />Western Regional Exceptions <br />(ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as <br />insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or <br />(iii) if title to the estate or interest, an insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured <br />all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to <br />notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then <br />only to the extent of the prejudice. <br />4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. <br />(a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own <br />cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title <br />or interest as insured but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. <br />The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the <br />insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any <br />fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. <br />(b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion <br />may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to an insured. The <br />Company may take any appropriate action under the terms of this policy, whether <br />First American Title <br />