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25 CCS e. . .e .. ....," SPACE ABOVE THIS LINE FOR RECORDER'S USE 1 - .;, ') ( )i '1..(H "'T9 l' n ~.';~h)l,)) i:4L'~ :t.v PLACE INTERNAL REVENUE STAMPS IN THIS SPACE Grant Deed 14" 26cej Affix I. R. S. $.................._..... Form 398 Rev. 3-49 THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Harry Y. Strangman , do es hereby GRANT to the city of Santa Monica, a municipal corporation, the real property in the city of Santa Monica county of Los Angeles , state of California, described as: LotI, in block 1, of the Erkenbrecher Syndicate Santa Monica Tract, in the city of Santa Monica, county of Los Angeles, state of Calif- ornia , as per map recorded in book 6, pages 26 and 27 of Maps, in the office of the county recorder of said county. I , I Dated:n.cP~~....L+.f..I..~~'0 _~d~&y~ ..._..___..___._..__..__u........__..uh__u_.nn_n_.._n....___."_Wh._.....w____...._.... ._hU_U.._O..d...___...___...n.___..._......__....___...____..._h._Uh.._n...,._..____..__ .__O__Oh.._nu..unu......unhn_._...___._h.........on_._n__..._........__h...n..... STAU 0'. c.mFORNll ! SPACE BELOW FOR RECORDER'S USE ONLY COUNTY OF mm.Y9..(3hu~J1K~~uuuW'h u.. umWh.__"_ 55. On ...a:~m'du~u.WU.1.~h;\.U~.U....., before me; the undersigned, a)Notary PublIc in DOCUMD)'iT ~]o....JJ1~.6".. andi.~~;~~n~ an 5 te, personally appeared .~~:::::::.::>.:._>-" .:..::. :... ..:::::::::::::::.............--......-.. RECc.d"Y.l .\f Re.' ~'.'i- , "-, '. llTLE .. .............................................................,........................................-.--... ~ .~~:::..~:..::.~.~.~:..~~~..;:~.~~:::::::..~.~~::..~:::::::~~:::::::::::::::~ 1 194'] AI 8 A. M. SUbS~~~~~.Within instrument and acknowledged that . c'Z~"'6\J "('117 ilGJ"...l.) . i(~J!:.. .._.."'......~ . .~.~executed the same. IN OFFICIAL RECORDS ~!~ti5;~~ i.a,}~d official seal. County! Los Angeles. C,,1"CT,c3 '~~/6~C? F,.~ ~__ ~ _______.._ }j . t . b...., ~Y. LJunty l\jCGi .:U f/ ,~I)',:, ,:-".,;,,'oM" - ,.;;;;-;;. .:, Depuh .~.::;;~:.y,:~1;,~:~; : 9,~" _'>.~',~".~.- >~y. , ~,~j c . . My CCii.mi:,s,cfl i..xpks t.prii 10, 1953 -<2- ~ ------ .- .--- ~ - o ~ z z ~:J ~ 0 < --" ~... .... '" < ~ Q ... ~ 0 >,,:!; >0== ;S < ~' r/)~ ~ e ;z ~~ ~~ :; E5 ",.,,- ~ :::p. ... ~(fJ ;>-t- :2::",~:=: tn t-< ~ ~ ~~ ~ E-oG3 ~o 55 ;:J~ >-> >'~ I-) ~ ~~ ~~ ~~ ~~ u; 8< ~~ ~>~ ....""0 o~tz;fo<~o..olJ)..c< ~ ~~ ~~ r""" i-tiII u...;;:J:::; U Eo< U ~ Iio.! I/) < < 0 a: 0 ~ I..I,J Z o.~ 8~ ~a o~ ~r: ~r1l.. u~ u~ ~.-. T,) ~~ ;;. 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'1 0 0' p:: <d: oj :>,+" ......... 0: ... c:> ;:l : Z" +'" <do 0.0-1 r-l !:.-.. 0 "" Z : ... z c: v:p::o ~ u 0 - o d., "' <11, oj ..-I; r~" ,.,," ... g: Z 2.,s =: to, oj: s:l; .. ~ 1.11.1 ~ ... (/) ~ -:"' ~ 'H i C<iJi :il 8 ~ ~ ~ "'\ o"'C 0, lJ::: :.rl !:.-.. ,.,.- ;0 S !l: ~ :: <d; .p ~ ~ 0 2 o. ... ~, t1! ~,so: ~ !:.-.. (/) t;; ... 8 _: or-t; i1j;$ . ~ "" ~ ~ ! 0: fJ)!+" e.'.~ . , .< x" . - < . .. '-'. . ." .. . " , t ~ , ~p '~" " ',,--,/ < I~ "'&'" c5' ~".. o '~ I ,SO> ~ ,5;> ""~ --,'J' '~ '" '. roO , / / ERKENBRECHER SYNDICATE .FANTA 110NICA TRACT BLOCKJ /) 2) 5 &. A nB. 6 PGf. 26.7 THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM nATA SHOWN BY OFFICIAL RECORDS. e . . ~(lCK:~1.9 trrE11'1. r{ i - :;.;- "" ' ~ .j ~.t( m::aOLUTloN NO. '" I (CITY COUNCIL 5!\~RIE5) I A Rl~;80LUTlON or THE OITY GOllNOlL OJ!' THE CITY or BANTA MONICA AI1'1't10HIZING TiU:: PlJliOHAB~; of Cl':;R'I'A.IN iU./i.L PRO 't!..l:tTY IN THE cay 0' SAN'l'i\ MONICA 1..OGA.'1'E.;U AT 1668 - 15TH tiTH..EI'/f. I 'tHE CITY OOUNCIL 01<' THE OI'1'Y m' SAlfl'A MONICA l>0~~) RI~SOLVE; AB FO l...L.OiltS: SECTION 1. That the 01 ty Mllna.g~l' b_ and hll!l h"'l'ebl 18 authorl~.d to enter into ~.orow to puroh~8e trom Harry 8trangman the rollowing ~e.cribed nrop~rty: l.ot 1, alook I, F:rkenbreohl"r Syndicate Tract, City of Banta Monlca, Str~et Address -- 1668 - 15th Street, Santa Montoa, Californ1a, and to no aU th1n~l! neCl"fl!~ry to oomnl,.till !'laid escrow and C8114!1l!l thtl title to sald nronl!!rty to be tranllferred to the Oity of Santa Nonioa. B}<;C'l'lON 2. That the C1ty Manager hereby i. authorized to a.cent A grant deed to saId prop~rtl from .~ld Harry Strangman on behalf of the oity; that after the aocent&nce therltor, thl"' salle shall be recorded. S~;CTlON 3. Th. C1ty Controller herebl 1. directed to te.u.. a warrant of the Q1t1 1n th!t amount of ~7,OOO.OO and del1..er the sa.me to the C1ty Manager tor fiepo.iting ln ..OPOW. whioh sald sum shall be oharged against the Recreation Bond Fund. - 1 - / r,. (7,., ,-I --.; s- . . . e . ,e..., )il,. .~ 'I) .,!./~-1 '~('Q ;'.' ~""118 f\'{)~',1"'-LlO.--,.' ii'\~: . SECTION 4. The City Olerk ahall oertify to the adontion of this resolution and thenceforth and thereafter the same shall be In full foroe and etfect. ADOPTED and APPROVED this 2.,'\11 (';8.y of 8ep'babel" , 1949. / ...-/] I /JJt1Ai (I / t' f/d Mayor ! hereby certU"y that the foregoing resolution wa.s duly adopted by the City Couno11 of the City of Santa Monica at It l'eJU1a1' meeting thereot held on the 27'Ul day ot 'e,t.b_ . 1949. by the following vote of the Counoll: AYES: Councilmen: aanan, Jteki...., Ouroie, lart, ..Oal'tJaJ.. '.ila.., 0.'.. NOES: Counollmen: .... . Oouncilmen: .... /#~ . City erk Al>'PJOo'O'ed a. to form thIs 2~ day of '_pi:. , 1949. I.oy.u, .. lou..n ('i....) )\oy&l 14'. Sorenaen, City Attorne;r - 2 - ---~ ------ j e,',' It r?S- " , I . e. . e . . SANTA M 0 N I CA ~~:':.~~~~"c.'" BAN K Escrow No. ..1.~~........................... BUYER and SELLER SANTA MONICA, CALIFORNIA ESCROW INSTRUCTIONS ......~~~..."'.............. ..n...' 19n n42 BUYER MEMO. To Santa Monica Commercial and Savings Bank: I 1. PRIOR TO....~".3Ct , 19 ".,.. I will hand you $ .7000. Paid outside of Escrow $ ... ..I.'jooo+oo" I 2. Cash through Escrow.. ......... .......,.. ........ . ............... I j .... ... 3. Encumbrances of Record ......... ".,.:,:: 4. ......................,....,....... 5. New Encumbrances ......"......,..... ......... . ...... 6. Toted Considecotion i ...7000 00. ......,.............. ... .............................. ........... ........................ ..............-... 7. and any additional funds and instruments required from me to enable you to comply with these instructions, which you are to use provided 8, on or before the date set fo:th on line 1 above, as qualified by the pro visions at the top of page 2 hereof, instruments have been filed for record 9. entitling you to procure...... ............. .. Standard Owner's or Joinf Protection policy of title insurance, with 10. Utle company liability for... . ...the amount of total consideration on real property in the County of Los Angeles 11. ......~t~/~~~]!=~t:~~~Qo;:=~=~iQiiiom~ 12. 13. 14. ...................... 15. .......................... 16. ........... ......... ................................,......-. ........ 17. as per mop recorded in Book ..,6... ..... .. , Pages. ,26.27.. , of Maps in the office of the Reco~der of said County, showing 18. Tille vested 1n....QJ:n.9.f.. .~~lT4.J;!Q'tUG.\.,a)JUn.tciP8l...corparat1cD... 19. 20. Free of encumbrances excepb...".. 21. General and Special Taxes for fiscal year 19...1,9.. 19.....SQ and taxes which are not yet due; including Personal_Property Taxes of any 22. former owner, if any; also including Special District Levies. payment of which is included therein and collected 1herewith. Covenants, 23, conditions. restrictions, reservations, rights, rights of way, easements and the exception of water on o~ under said land, now of record, 1f any, 24. 25. 26. .............................. .. ....... ................... U HU ..................... ...... ............. .......... 27. Mortgage or Trust Deed securing an indebtedness as per its terms, now of record (Lender's statement to show an unpaid balance of principle of 28. $ .......n.o.a.e.. . ....... but if same should show to be more or less than said amount, then you are to keep the total consideration the same 29. as shown above, by accordingly adjusting the cash through escrow).. ........ 30. n ..... 3!. T1WI1 Deed on .....~ .. ......'...} . ....................................... . . ..... securing Note for $... ..~... ... ... .., dated during escrow, due (if straight note) :::f~~r~//L ...... .., .........." ........... ..........".. . ......."...... or order 34. payable at ....,./,.... 35. interest from__...._....I. ". . (See line 75 Te endorsing inte:;est) at rate of.. per cent per annum, payable 36. p,inciple and lnterel ,yable $ ...... . ..or more on the.. day ~;: of each .......1....... month, beginning on the day of 19.... : ;;':;:,;:"'!ziat7'7'~ft:~"'~'O'"":G,""..".oill. . .. . :~: t.h8...~..<tiij-..~~1~.tn..~..~t..~t..~Jci:..~~~c~~~..~::=~l~~~~~ 44. 't.bGri... the ..seller..18. .to ..be. .rel.eal:lf?d.. .tr'Qrt...u.. .J.t!:iP1l.1ty..nnd ..1"e8pooaibUi.v.. in...con::lOOt1on...l1tb 45, t..'i1Se$crowfeJCeeptfl8..t.()t~~le..a.r1d,~C1,WOhlQ"g08. ....... .. :;: ~....~~~~~~g~~~.~..::~m1=~:v~~Q)~~.:rtJ;'1e~:;;:r:~~;,.~bUJ.ty 46. .~t'l:'.'f"$.:EluqJ,,olJ~:wttb1n6CLdayefl'oo.theo,)OnlnGda.t.e.othel"'ldse. seller, ':if he rdshes' 49. .tl1e... tIui:l.l.'i1r>.g ..8~. .~VEl..1\.. .1n..30days..from .th@..clooo...of..eoo1"Ol1Ft.......In .tbe.evcnt..that..... 50. . .~<i.l:n1U~..:f.l;I..~...~m..vdthi.n..t..~c..:)Oriods...spec1fled,...the..i.JuU.ding..shaU..OeCOll8.. 51. .. th.ePr'Q:>E)I1'-.'l.(,),1"ut~u~:ru~d.SQl101"ahallboudeemedto ..havgwa1ved allrit;htto ~'Wl 52. ..uu~.US4u~&e ..' ..SmtllLJbn1CB...Com:1erc1al.andSaVinge..Bank.ienot..tobeuconoorned. 53. ..u.~~...~'.mt.l".o.f..tbe..bulld.ing..11.Dd/or..1ts...removal.... 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. I 66. ...... I ~- I 67. . . . . . . , . , . . . , . i ~ e . 1 I , ~ ., 1 I ~' ( _---OlIIIIi ' .J " . ~ 68, any extension 'thereof, you are neverless to 69. 70. 71. Affix $... ..,none U. S. R. Stamps on deed, to be paid by SELLER 72. The following adjustments are required in this escrow: 73.. Interest on Mortgages and/or Trust Deeds of record and any funds shown impounded for future payments of taxes, insurance, etc,. or Morl~ 74. gage Insurance premium paid F. H. A. during past 12 months, based on Beneficiary's statement to nQD8 75, Interest on new encumbrances by endorsements on notes to IlOl-n ~. .~. 76. Taxes, including all items appearing on tax bill except taxes on personal p:"operty not conveyed through this escrow, to . ...no.rte. 77. based on latest tax statement in your possession. 78, Rentals on basis of statement furnished by seller, to., ... .0Qtll!I. , and you are to consider on basis of said fent 79. Statement, that seller will collect all rents which fall due prior to the close of this escrow, unless he instructs you in writing to the contrary. 80. No adjustment against buyer on uncollected rentals 81. .. .Hc~ardle8.of.an.v..prlntedhport1ondQt.tbeo.e~tr.\lCt10n8..tQhthe eoUtm,ry . the.. ~lUrta 82. .. no.t...W.hP.W.h~>h.PPrttOlJ..of.. thQ..C:;9$~ ..9.r.....f..~.~h9..f.....tl"ltJ. .,~~GfQlIl'.. iJlJ.t .1l1l.GP~~~to.~~ 83. h bytb$~r. . ...-, 84. Premium on none Fire Insurance Policies to on building , 85. situated either on property described above or on premises known as No. 86. You may assume that premiums on said policies have been paid and that the policies have not been hypothecated. Make prorations on basis 30~day month. "Clese of Escrow" shall mean the day papers are filed for reco"d. Mak.e disbursements by check. Mail fire insurance policies to holder of first encumbrance, if any ~ Mail title policy to holder of existing encumb-ance, provided the:-e is to be a substitution of liability, otherwise to the holder of the p-ior encumbrance recorded concurrently with documents herein; but r there is no such encumbrance, then to the buyer. Other documents and checks in my favor to be mailed to my address below. If title policy is to be obtainod. procure it from any title compcmy operating in county where proper1y is located, subject to exceptions end conditions eenfained in said company's regular printed form. r agree to pay on demand far recording deed, mortgage clause on insurance, filling in Trust Deed, filling in, notarizing and record:ng any other documents necessary on my part, and buyer's escrow fee as charged all..COfltl...In4...t....Q1'..tJl:l8..,.e.~~.. Granter agrees to clea: property 15eing conveyed, be:ore delinquency, of any tay. on property net included herein, Yeu Gre not to be con- cerned with same. You Shall be under no obligation or liability for failure to info~m me regarding any sale, loan, exchange, or other transaction, or ractswithin your knowledge. even though same concern the p:-operty described herein, provided they do not prevent ycur compliance with t}les9 instructions, ner shall you be liable ~or the sufficiency or cor"ectness as to form, monner of execution, or validity of any instrument deposited, nor as to iden- lily, autho~ity. or riqhts of any pe~son executing the same. Your liability as escrow holder shall be ccmfined to the thing.,;; spGdf:c::::tlly provided for in my w-:itten instructions in this escrow. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to ire:;> eze '0\'.[ or the lights ot any of the parties hereto, or any money or property deposited herein or afected he:-eby, you shall h:tve the riqht to disccnlinuG any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence 0- defend any action or proceedings for 1he determination of such conElict. The parties hereto jointly and severally agree to pay all costs, damo:ges, judg ments and expenses, including :-easonable attorneys' fees, suffered or incurred by you in connection with, or arising Qut of this escrow, including but without limiiing the generality of the foregotng, a suit in interpleader brought by you. In the event you file suit in interpleaded, you sholl ipso facto be fully released and discha:"ged from all obligations further to perform any and all duties or obligations imposed upon you in this escrow. Buyer's Buyer's CITY OJ'' SAi :TA l.tONICf'. Signature ......Signature q.~:q~ Street Street Address .................. ,.."..."""""q ." ",.Address City City PURCHASrNG AGENT and Zone ................. ..and Zone ".... (Telephone) (Telephone) SELLER .A:tJt.":UfiJt..~.q . 19..~. 87. I HEREBY APPROVE AND AGREE TO BE BOUND BY THE FqREGOING INSTRUCTIONS AND PROVISIONS. PRIOR TO the dale set out 88. on line 1 herein, I will hand you all instruments and money necessary for me to comply the~ewHh, including a deed of the property described, 89. executed by ..Harry..S~.. 90, which you are authorized to deliver provided you hold in this escrow for the account of the parties executing said deed 91. the money (Use this space only if money is fo be payable to others than grantors) 92. and instruments deliverable to me under these instructions. When property being conveyed is held in Joint Tenancy any cash derived 93. therefrom in this escrow shall be Joint 'Tenancy funds. Pay at close of esc:-ow any encumbrances necessary to place title in the condition 94, caned for and the followinq; ....."..... ....... 95. Pay commission of $.. ~.... to... 96, (Real Estate Broker's License No. whose address is 97. .................,.........................,...,..............,.......,..............,..............."........".."..,.".....,.......,........................,...............,..............,.."...,..........'.......,.......,..,...,....,........... 98. . ._~.:~fil"..Qt..,~..m:;.,~t>.~;;..,PQ.;1;1'JQn...9f...th-.~...~~t.t9.DI..t,q...~...c::9Pt~....i;,,~ ..$~JJ.~%'. 99. .. ..1~L :r~..1>>..p.l1Y 4QlyQf ..th.eC013t$. .QJ"f~G. .Q,ftJl41.$c.l'QIIf. 100. 101. ...... 102. 103. 104. ..... 105. ...........,......... ...... 106. 107. 108. You will, as my agent, assign any fire and other insurance of mine handed you or that Beneficiaries inform you they hold. 109. I agree to pay on demand charges and expenses incurred by you for me, including charges for title C13surance, for sending in offset state- 110. ments and beneficiaries' statements and/or demands, conveyancing cha--g€ls, recording charges including the recording of pllrchase price en- 111. cumbrances, transfer of fire insurance if prorated, and seller's escrow fee as charged Il2. Credit balance 10.. account No." in name of.. 1I3. Qr , .. .in your Bank Seller's Seller's Signature . Signature Street Address City qed City anll Zone ........... .. ....and Zone e. ~ - (Telephone) (Telerhonel . .. I . -..r Rf="'r:"IV. , . . , . ....c .". "~ ,. . OFFICE DC i'~~ . CITY CLEHI\ atuunty nf ijns Angrlrf\q ~ a I" ',..', .. ")6' .." ~:: J\. 505 Hall of Justice llol1 "ngrlts 12. aralifnruia SANTA MONICA, CALIF. J. M. LOWERY Attn: G.W.Taylor COUNTY AUDITOR MAR~UITA DORSETT. CHIEF" TAX DIVISIDN File: February 2, 1950 ''11 } ( K. o. Grubb, City vlerk Citv of Santa Monica Santa Monica, Calif. Dear sir: Pursuant to your letter of November 25 1949 and upon order of the Honorable Board of Supervisors dated December l~, 1949 taxes were cancelled on the following descri ed property by our Authorization No. 11354: Lot 1, Block 1, Erkenbrecher Syndicate San ta Mon~Tr.E,iRf1't' ~ , '-~ r,..' V 'ft ! t ~ (l ! Very truly yours, ~/ J. M. LOVlERY, County Auditor By ~~9-~ I Mar ita Dorsett Deputy and Chief, gwt-k TaxDivision I I ... . - . . / . Form 1012-1 6-48 ~> . ~ ~:) . ; I California Land Title: Associ3ti~n Standard Form Copyright 1947 (T.!. Revision 4-44) Premium $.----J7..-~O......... Title Insurance and Trust Company a corporation of Los Angeles, California, herein called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A, together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule B the owner of which is named as an insured and any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule A, or any rart thereof, by lawful means in satisfac; tion of said indebtedness or any part thereof, any federa agency or instrumentality acquiring said land under an insurance contract or guaranty insuring or guaranteeing said indebtedness or any part thereof, and any person or corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger,or consolidation of a cor; porate named insured, against loss or damage not exceeding the amount stated in Schedule A which any insured shall sustain by reason of title to the land described in Schedule A being vested, at the date hereof, othenmsethanash~einstated;or by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarketability exists because of defects, liens. encumbrances, or other matters shown in Schedule B; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or by reason of any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule B; all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authori4ed officers on the date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY by 0lM.C>A\, · O' ~ Attest_______________________________________________________eo_eo. &ECRETARY ;t:2te-.l 0'::( $'-' - ... JGS - . . .. Form 1012-A-9->19 t, ~,._ e. . . .' ; J . . SCHEDULE A Amount $ 7000.00 Date November 1, 1949 at 8 a.m. Policy No. 3110139 INSURED THE CITY OF SANTA MONICA, a municipal corporation. 1. The title to said land is, at the date hereof, vested in THE CITY OF SANTA MONICA, a municipal corporation. 2. Description of land in the county of Los Angeles, state of California, title to which is insured by this policy: Lot 1 in Block 1 of the Erkenbrecher Syndicate Santa Monica Tract, in the city of Santa Monica, as per map recorded in book b pages 26 and 27 of Maps, in the office of the county recorder of said county. . J" . . e. , Fo~ IOI2-B ?_4? . ; SCHEDULE B [A] The Company does not, by this policy, insure against loss by reason of: 1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal District, (b) of the county, or (c) of the city, in which said land or any part thereof is situated; 2. Rights or claims of persons in possession of said land which are not shown by those public records which impart constructive notice; 3. Any facts, rights, interests, or claims which are not shown by those public records which impart con- structive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons in possession thereof, or by a correct survey; 4. Mining claims, reservations in patents, water rights, claims or title to water; 5. Any governmental acts or regulations restricting, regulating, or prohibiting the occupancy or use of said land or any building or structure thereon. [B] Liens and encumbrances to which said title is subject shown in the order of their . priority, and defects and other matters to which said title is subject: 1. General and special county and city taxes for the f'iscal year 1949-1950. . Fona"lOI2-C-l 6:.t8--. . . .. I - . c .- . STIPULATIONS SCOPE 1. This policy does not insure against, and the SUBROGATION 4. Whenever the Company shall have set- OF Company will not be liable for loss or damage UPON PAYMENT tied a claim under this policy, it shall be COVERAGE created by or arising out of any of the follow- OR SETTLEMENT subrogated to and be entitled to all rights, ing: (a) defects, liens, claims, encumbrances, or other matters securities, and remedies which the imured would have had which result in no pecuniary loss to the insured; (b) defects, against any person or property in respect to such claim, had liens, encumbrances, or other matters created or occurring this policy not been issued. If the payment does not cover the subsequent to the date hereof; (c) defects, liens, encumbrances, loss of the insured, the Company shall be subrogated to such or other matters created or suffered by the insured claiming rights, securities, and remedies in the proportion which said such loss or damage; or (d) defects, liens, encumbrances, or payment bears to the amount of said loss. In either event the other matters existing at the date of this policy and known to insured shall transfer, or cause to be transferred, to the Com- the insured claiming such loss or damage, either at the date pany such rights, securities, and remedies, and shall permit of this policy or at the date such insured claimant acquired an the Company to use the name of the insured in any transaction estate or interest insured by this policy, unless such defect, or litigation involving such rights, securities, or remedies. lien, claim, encumbrance, or other matter shall have been dis- OPTION TO PAY 5. The Company has the right and closed to the Company in writing prior to the issuance of this INSURED OWNER option, in case any loss is claimed policy. Any rights or defenses of the Company against a OF INDEBTEDNESS under this policy by an insured owner named insured shall be equally available against any person AND BECOME of an indebtedness secured by mort- ar corporation who shall become an insured hereunder as OWNER OF gage or deed of trust, to pay such successor of such named insured. SECURITY insured the indebtedness of the mort- DEFENSE OF 2. The Company at its own cost shall defend gagor or trustor under said mortgage or deed of trust, to- ACTIONS the insured in all actions or proceedings against gether with all costs which the Company is obligated here- the insured founded upon a defect, lien, encumbrance, or other under to pay, in which case the Company shall become the matter insured against by this policy, and may pursue such owner of, and such insured shall at once assign and transfer litigation to final determination in the court of last resort. In to the Company said mortgage or deed of trust and the indebt- case any such action or proceeding shall be begun, or in case idness thereby secured, and such payment shall terminate all knowledge shall come to any insured of any claim of title or liability under this policy to such insured. interest adverse to the title as insured, or which might cause NOTICE OF 6. A statement in writing of any loss or damage loss or damage for which the Company shall or may be liable LOSS for which it is claimed the Company is liable NOTICE OF by virtue of this policy, such insured shall at under this policy shall be furnished to the Company within ACTIONS once notify the Company thereof in writing. sixty days after such loss or damage shall have been ascer- OR CLAIMS If such notice shall not be given to the Com- LIMITATION tained. No action or proceeding for the re- TO BE pany at least five days before the appearance OF ACTION covery of any such loss or damage shall be GIVEN BY day in any such action or proceeding, or if instituted or maintained against the Company until after full THE INSURED such insured shall not, in writing, promptly compliance by the insured with all the conditions imposed on 1 notify the Company of any defect, lien, encumbrance, or other the insured by this policy, nor unless commenced within matter insured against, or of any such adverse claim which twelve months after receipt by the Company of such written shall come to the knowledge of such insured, in respect to statement. which loss or damage is apprehended, then all liability of the PAYMENT OF 7. The Company will pay, in addition to Company as to each insured having such notice in regard to the subject of such action, proceeding, or claim shall cease and ter- LOSS AND any loss insured against by this policy, all minate; provided, however, that failure to so notify shall in COSTS OF costs imposed upon the insured in litigation no case prejudice the claim of any insured unless the Company LITIGATION. carried on by the Company for the insured, shall be actually prejudiced by such failure. The Company INDORSEMENT and in litigation carried on by the insured shall have the right to institute and prosecute any action or OF PAYMENT with the written authorization of the Com- proceeding or do any other act which, in its opinion, may be ON POLICY pany, but not otherwise. The liability of necessary or desirable to establish the title, or any insured the Company under this policy shall in no case exceed, in all, lien or charge, as insured. In all cases where this policy per- the actual loss of the insured and costs which tbe Company is mits or requires the Company to prosecute or defend any obligated hereunder to pay, and in no case shall such total action or proceeding, the insured shall secure to it in writing liability exceed the amount of this policy and said costs. All the right to so prosecute or defend such action or proceeding, payments under this policy shall reduce the amount of the in- and all appeals therein, and permit it to use, at its option, the surance pro tanto, and payment of loss or damage to an in. name of the insured for such purpose. Whenever requested sured owner of indebtedness shall reduce, to that extent, the by the Company the insured shall assist the Company in liability of the Company to the insured owner of said land. any such action or proceeding, in effecting settlement, securing No payment may be demanded by any insured without produc- evidence, obtaining witnesses, prosecuting or defending such ing this policy for indorsement of such payment. action or proceeding to such extent and in such manner as is MANNER OF 8. Loss under this policy shall be payable, deemed desirable by the Company, and the Company shall re- PAYMENT OF first, to any insured owner of indebtedness imburse the insured for any expense so incurred. The Com- LOSS TO secured by mortgage or deed of trust shown pany shall be subrogated to and be entitled to all costs and INSURED in Schedule B, in order of priority therein attorneys' fees incurred or expended by the Company, which shown, and if such ownership vests in more than one, payment may be recoverable by the insured in any litigation carried shall be made ratably as their respective interests may appear, on by the Company on behalf of the insured. The word and thereafter, any loss shall be payable to the other insured, "knowledge" in this paragraph means actual knowledge, and and if more than one, then to such insured ratably as their does not refer to constructive knowledge or notice which may respective interests may appear. If there be no such insured be imputed to the insured by reason of any public record or owner of indebtedness, any loss shall be payable to the in- otherwise. sured, and if more than one, to such insured ratably as their OPTION TO 3. The Company reserves the option to respective interests may appear. PAY, SETTLE, OR pay, settle, or compromise for, or in the DEFINITION 9. The term "land" when used herein shall be COMPROMISE name of, the insured, any claim insured OF LAND construed to include the land herein described CLAIMS against or to pay this policy in full at any specifically oc by reference and improvements affixed thereto time, and payment or tender of payment of the full amount of which by law constitute real property. this policy, together with all accrued costs which the Company WRITTEN 10. No provision or condition of this policy is obligated hereunder to pay, shall terminate all liability of INDORSEMENT can be waived or changed except by writing the Company hereunder, including all obligations of the Com- REQUIRED TO indorsed hereon or attached hereto signed by pany with respect to any litigation pending and subsequent CHANGE the President, a Vice-President, the Secretary, costs thereof. POLICY or an Assistant Secretary of the Company.