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P-107 (2) .. . . ~ I , .... . -'. . '- .. . f't l ,. BOQK42096 PAGE 67 1 r:cttSa~ (to OOOUN$. C1tY4tt9~3' Ml1"'Jt O"ALLEN'. J'Fl.. ,A.aa~.8t"'~t C1ty Attorney ,... 2 HI:t.L$"A~. Bwuuu.. j Ofdl~\N{\l f\LED Tentb Vl('#o'r 1 3 lU.:L W..t'1tth 8t,...t ~.Al_.l.$ 13. O..:U.f'\','>mla -G JUIH B m53 4 , .1 ((COUNTY CLERK ~;11._ 6-0581 5 At't.o~y. tor Pla:lntlff -;r 1 C \. "LOS ANGELES _ -- 6 7 8 IN'tUlt 8UPEttl0R Cv~ 0' TtVS S'l'.l':M 0' CALIFORNIA 9 m ~~ pr;tt TU. coUlrn 011 LOS ANGlWl:S 10 11 "mc, ~A !lONICA, .. ~ie1palcorpQ1"atlCi,n. no. SMC~2925 12 Pla:tllt1tt, 13 "'YI- PINAL ~ IN CONDEMNA'f!Oilt 14 UWt S1m'll..rift, et a1., r1ZPAne~L:) NOS. 16 AND 32 15 ).)etond.ant!h 16 ]1 , TllIl~~'" .~ 17 18 rr At'1?~AJUNG THAT I 19 The Interloou.toryJ'u.dpent in Cond~&t1on re Pa:t"Cels 20 No.. and 32 Ml"eU" p:rov14ed that 'Upon ~"tIeJlt by the plaintiff 21 CITY $A.ltrA MOIICA,,$. mun1t,l1pa! coa-pora.tion., to the respective 22 at.n.~t. tmu..:1n ~d. Qlr;' .1n.t\."lt cow:otf'01'" t.beix' bene.r1t., of tbft 23 _Olm.. ~_"in.pec$.r1.Q.,,I toptlwr with oaat. ot suit, to the 24 N.,...t1ve 4et.n.&iI.llt~ aa tbIt:ela ..t tortb, uJ.d p1a1nt1tf abou.ld. 25 tMe am! tUN\.lt>on becoet the ~r in t_ 'title lands therein 261 desert_d end M"lnatter ~w particUlarly o.$cr1bed for the 27 pu.b11e 1o&M1l and P\U\lO._ Nt fortb in :p1a:l,nt1ttt$ COl'lfPla1nt an4 in 28 fNd.<l InterlocutOJ7 .Jud.P'Jent.. 29 AI>> IT ~ APPIAlUMtlllilll rece1pta or tbtJ County 30 C~* 0.1'1.1. WtNU tat pla.1nt1tt CITY OF SIJf'1IAM(;)NICA" . 1IU1U.- 31 cipal coJIPoaU<m.. baa 4etp()JJlt<1d 1ft court for * oenef1tot tae 32 ......t.1". d4Jten4IDta beft1.n8tter..t forth. the 8DlO\mte .t 1 <~ ~. ,.,......}'. . .. . .< . '( ~ ) , .~. t - , , BOOK42096 PAGi G8 1 Oppo.1._ -""1' "...., to Wltt 2 3 ~1 110.32... It. Ill." LOW.................................. 395.80 4 5 E. ft. LOW, I. ll. .DJaft_ 6 ~. o. ~LTON......................... 20.0'0 7 8 AD I't ~up.lWt1Na troll t\l11 Satl15t"actlona of 9 ~".t on flle iMtWUl that p1a1ntltt CITY O'SARTA MOllICA, a 10 lIW\1upal o.orpOl"&t1oa, .. pa1dto tbeMapoetj,"{e defendant. bere.. 11 "tel" set torth the ftll*ct1ft .... ot 1IOIte:; ht oppoalte thelr 12 ..., towlts 13 14 '~.1 10. 16 .. cOUN".rt 0' LOa AlG&IS... h " . ... .. .. .. H . ... 131.11 15 16 LXBR'rY SAVXNoa & LOAN AasocUi'l.ON.... 4,694.44 17 18 ,....1 .0" 32 ~ S.. liOGmt JiIll$ Cftl(1 19 U'r&LLli; C" JANIS..."""........................ 406.80 20 21 COtlltrrJ' 011 1.(>8 dCllJ...l,S................. 208.40 22 23 IOV,'rHERDt)ftE.. .-.otlon of a~ (I.. CoaXINS, City 24 Attt>>....U, MUl c. A~.t JR.., 1t..1$tant C1t;'# Attol'l'1flY.. ,land HILL.. 25 I PARPJm ll' ..I.L.t.,1 attO%."ftefator plalnt:U't, !'1' IS .rom! O~, 26 An..nIDOID AND ~ t.t the :real property ~aCl"1bed in aa1d 27 Inte1"locutory J~nt 11'1 Con.demnat1on Ind beN1nattAlitr described 28 .. and t..be __ 1$ he:<e'Oy c~~d as p~ in plaintiff'. com.. 29 plaint an4 pa1nt1tt abal1 and \)y thi. J~at.4_s take and. 30 a04U1" 1A tee a_1. the hctre1n.atter deeor1'-' property tor the 31 pulJ11C \USe_.d p\U'Poaell ..t tortb in pla1nt1tt.. CQlpla1nt, to 32 Wit, tor ~ tor- ,~11.c W11cl1npaml Irc:nmda, u.4 tor tbo opellina a :1" (4' 7 ---~ -~ - ............ ~ .' 1r'- -. ~- ~- -.-. ~~. r --~ ---- II . e'. .'~ -. . Ii' . I, . II . . I! -\ - ) ~. . " Ii ,I 11 i BOOK 42096 PAGE 69 Ii 11 U'f). ~J.n.s -: .. .,1.1'.1. .%~ndina, ialpl"Ovine ._ 'I. ~'\d_;).a~1D1 tbeBanta ~. C1v1c CflDwr. 21 II real M~bZi' ~M~<1 tl'?f' tbllt aforeaa.ld 3! 411 ... aM. ~mael ~lG_t.4 l.n tbe CUlt ot santa Mornca, County II 5 tit Loa .Aftp16'l, St.atoe Oa1U'o~, ... 1. iIO:re PN't1culuol)r ..... 6 en_a. u toll..... \t') ..";ta 7 8 '~"I.II .16 9 Lot 11 1ft Bl<Xlk 3 oft-he ~i T$Qt. .1n. 10 .. Clt, .or Smta Mol\1., COWlt7 of Lo. 11 An;.~." sta~() ot C8l1t('.)m.1a" $a pe~ llIlaP 12 JecoS'4e4 In. l$oolt.". .rase !it> ot kUo.Uaeou,a 13 MOO" 1ft tbe ott1oeOt ~. C~~, ."ONer 14 01' 1&14 Cwnt;r. 15 16 L~IL KO.. la 17 'Ibe IlO~.t .as tet of LOIt 12 ot I,..paon 18 '1'l'act 1. the 01 tf of SMta Mon1ca..count7 19 of Loa Anp.1GO... itat.ot eal1t'oJ'lU."a. per 20 .. Noordte4 in.. 30* 7... """119 ~ Mapa 1A 21 the. orflee or tbeCQ1..rd~1' Mcol'4ar ot aa14 22 C~t7. 23 24 I .J)ATD tb1. Ilf' , ~ ot .:r fI /V IE. ..' 19$3. I i 25 26 27 /05/ ~ C /l4;e 7J s " r ~E 0, ... ~G:R ebUlf , 28 -:s- "':':', ':.,'" ......(.i.^, 29 THE Df..cmAENrm.~jRlcHTHl) CETflflCAflON IS AfTACHEi! IS 1, fi}iJ,nuf. AND CORREtT CDf'V Of 30 1HE ORiGINAL ON Fl' E MID Of HfCORJ IN MY OffiCE SA~EHAVli',G BEEN FllED~~,Li-=LZQ 31 AND ENTERHl _________ ._._~__J.t - /'L.r..s_ 32 IUQG~E.r ~-..u:~~Gf.L~ H~roi-". o=ii'~-~RK-QF'THE'~;;~~ . . COURT Of JHfSTATE CALIFORNIA'. ,,'l ~'HYOf .~os ANGELES. BY. :A~ olPun 3 ~ -------'-------'------'-----'-'-- (.'1 ~ ~...~_--H11 (]7 w ,- 0 << ... . .. .... " 1 l ~ 1 . 1012-1.50 CLTA Standard Caverage Palicy Form O~ IDle $ 46~" Capyright 1950 " , POLICY OF TITLE INSURANCE ISSUED BY TITLE INSURANCE AND TRUST COMPANY OF LOS ANGELES Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the Com- pany, 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 the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A which the insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketability exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3, Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in Schedule B; or 4. 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 5. 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, such mortgage or deed of trust being "hown in the order of its priority in Part Two of 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 authorized officers on the date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY by O/qI~~ PRESIDENT Nc, 3S3~lr{h:td Attest SECRETARY '7 I . '. vg . . . . . ... ~ ... ~ ) . . 1012AT 1-50 C",lifornla. Land Title Association SCHEDULE A Stondord Coverage Policy \ Amount $ 5~OOO~OO Date Policy No. 3481775 . ,II August 11, 1953 at 1 a.m. ) INS U R ED CITY OF' SANTA MONICA" amunieipal corporation. 1. The title to said land is, at the date hereof, vested in: CITY OF SANTA MONICA, a municipal corporation. 2, Description of land in the county of Los Ang~les, state. of California, title to which is insured by. this policy: :4Ot11 lnblock 3 of the Bandl.ni Tract I in the city of Santa Monica, as per map recorded in book 55 page 56 of Miseellaneous Records, in the of rice. of the county recorder ofsaideounty. Title. acqUIred by decree o.fcondemnation, a certified copy of whicl1 was recorded June 30, ,1953,>in book 42096 page 07, ~ticlalReeords. '/\ 1./ ~./ t/ ~].f y ~! ;/ " /)) ~...........u , ,;~ ~I~ ~~. t\ . '.' ~ A . t " j ( 10128 4-51 ClTA Standard Coyerage Policy I SCHEDULE B " This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except I to the extent that the owner of any mortgage or deed of trust shown in Part TWo is expressly insured in paragraphs numbered 4 and 5 on page 1 of this policy, PART ONE: This part of Schedule B refers to matters which, if any such exist, may affect the title to said land, but which are not shown in this policy: 1. T~es or assesslnents which are not shown as existing liens by the records of any taxing agency or by the public records; and easements, liens or encumbrances which are not shown by the public records. 2. Rights or claims of persons in possession of said land which are not shown by the public records. a. Any facts, rights, interests, or claims which are not shown by the public recorda but which could be ascertained by an inspection of said land, or by making inquiry of persons in pos_ion thereof, or by a COlTect survey. 4. Mining claims, reservations in patents, water rights, claims or title to water, S. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, :tulating or prohibiting the occupan%, use or enjoyment of the land or any improvement thereon, or any zoninf 0 'nances prohibiting a reduction in t e dimensions or area, .or separation in ownership, of any lot or parcel of and; or the effect of any violation of any such restrictions, regulations or prohibitions. PART Two: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the title to said land or to which said title is subject: 1. General and special county and city taxes for the fiscal year 1953-1954, a lien not yet payablct. . I ~ -- . -- . . . . ~ .. . i ~ J , , -. STIPULATION S CLTA Standard Coverage Policy Form Copyright 1950 1012.C 6.50 1. SCOPE OF COVERAGE cuned or expended by the Company I which may be otherwise. The liability of the Company under tbi. recoverable by the insured in any litigation carried policy shall in 110 case esceed. in aU. the actual Iou This policy does not insure against. and the Company on by the Company on behalf of the insured. The of the insured and costs which the Company i. obligated , wiJI nol be liable for JOS8 or damage created by or word "knowledge" in this paragraph meane actual hereunder to pay, and in no case shall luch total arising out of any of the following: <a) defects, liens. knowledge. and does not refer to constructive knowl. liability exceed the amount of this policy and .aid .. claims, encumbrances, or other matters which result in edge or notice which may be imputed to the insured costs. All payments under this policy shall reduce the no p~cuniary loss to the insured; (b) defects, liens, by the public records. amount of the insurance pro tanto, and payment of Iou encumbrances, or other matters created or occurring or damage to an insured owner of indebtedness .h.ll subsequent to the date hereof; (c) defects, liens. 3. NOTICE OF LOSS. LIMITATION OF ACTION reduee, to that extent. the liability of tbe Company to encumbrances, or other matters created or suffered by the insured owner of said land. No payment may be the insured claiming such 108s or damage; or (d) A statement in writing of any loss or damage for which demanded by any insured without producing this policy defects, liens, claims, encumbrlmces. or other matters it is claimed the Company is liable under tbis policy for indorsement of such. payment. existing at the date of this policy and known to the shall be furnished to the Company within sixty days insured claiming such loss or damage, either at the after such 10Sll or damage sball have been ascertained. date of this policy or at the date 8uch insured claim. N'o action or proceeding for the recovery of any such B. MANNER OF PAYMENT OF LOSS TO INSURED ant acquired an estate or interest insured by this policy, loss or damage shan he instituted or maintained Loss under this poli~y shall be payable, 6rst. to any unless such defect, lien, claim, encumbrance or otber against Ihe Company untH after full compliance by insured owner 01 indebtedness secured by mortgage or matter shall have been disclosed to the Company in the insured with all the conditions imposed on the deed of trust shown in Schedule B. in order of priority writing prior to the issuance of this policy or appeared insured by ;,bis policy, nor unless commenced within therein shown, and if luch ownership vests in more at the date of this policy on the public records. Any twelve months after receipt by the Company of such than one, payment shall be made ratably as their rights or defenses of the Company against a named written Itatemellt. respective intereslll may appear, and thereafter any insured shall be equally available against any penon loss shall be payable to the other insured, and if more or corporation who shall become an insured hereunder 4. OPTION TO PAY, SETTLE, OR COMPROMISE than one. then to such insured ratably as their respec. as successor of such named insured. CLAIMS tive interests may appear. If there be no luch inlnred The Company reserves the option to pay, settle, or owner of indebtedne.., any loss shall be payable to the i04ured, and jf more than one. to such insured 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS compromise for, or in the name of. the insured, any ratably as their respective interettl may appear. OR CLAIMS TO BE GIVEN BY THE INSURED claim iQsured against or to pay this poHcy in full at any time, and payment or tender of payment of the The Company at its own cost shall defend the insured full amount of this policy, together with all accrued 9. DEFINITION OF TERMS in all litigation consisting of actions or proceedinp costl which the Company il obligated hereunder to pay. The following terms when used in this policy mean: against the insured, or defenses, restraining orders, or shall terminate all liability of the Company here. (a) "named insured": the penons and corporationa injunctions interposed against a foreclosure or sale of under. including all obligations of the Company with named .. insured in Schedule A of thit policy; (b) .aid land in satisfaction of any indebtedness, the respect to any litigation pending and lubaequent -costs "the insured": such named insured together with (1) owner of which is insured by this policy, which litiga. thereof. each successor in ownership of any indebtedness tion is founded upon a defect, lien, encumbrance, or secured by any mortgage or deed of trust shown in other matter insured against by this policy, and may 5. SUBROGATION UPON PAYMENT OR SETTLE- Schedule B, the owner of which indebtedness i> pursue such litigation to final determination in ~ the MENT named herein as an insured, (2) any such owner or court of last resort. In case any such litigation shall Whenever the Company shall have leuled a claim succe880r in ownership of any such indebtedne.. who become known to any insured, or in case knowledge under this policy. it shall be subrogated to and be acquires the land described in Schedule A or any shall come to any insured of any claim of title or entitled to all rights, securities, and remedies which part thereof, by lawful meana in satisfaction of IBid interest which is adverse to the title as insured or the insured would have had against any penon or indebtedness or any part thereof, (3) any governmental which might cause loss or damage for which the Company shall or may be liable by virtue of this property in respect to luch claim, had this policy not agency or instrumentality acquiring said land under been issued. If the. payment does not cover the loss an insurance contract or guarantee insuring or guar. policy, 8uch insured shall notify the Company thereof of the insured, the Company shall be subrogated to anteeing said indebtedness or any part thereof, and in writing. If such notice shall not be given to the such righ.., securities. and remedies in the proportion (4) any perlon or corporation deriving an estate or Company at least two days before the appearance day which said payment bears to the amount of said loss. interest in said land as an heir or deviaee of a named in any such litigation. or if such insured shall not, in In either event the insured shall transfer, or cause to immred or by reason of the dissolutio~ merger, or writing, promptly notify the Company of any defect, be transferred, to the Company such rights, securities, consolidation of a corporate named inaured ; (c) lien, encumbrance, or other matter insured againl!lt, or and remedies, and shall permit the Company to use "land": the land described .pecifically or by reference of any such adverse claim which shall come to the the name of the insured in any transaction or litigation in Schedule A and improvements affixed thereto which knowledge of such insured, in respect to which loss involving such rights, securities, or remediea. by law constitute real property; (d) "date": the or damage is apprehended, then all liability of the exact day. hour and minute specified in the first line Company as to each insured having such knowledge of Schedule A (unless the context clearly requires a shall cease and terminate; provided, however, that 6. OPTION TO PAY INSURED OWNER OF IN- failure to so notify the Company shall in no case prej. DEBTEDNESS AND BECOME OWNER OF SECURITY different meaning); (e) "taxing agency": the State and each county, city and county, city and district udice the claim of any insured unless the Company The Company has the right and option, in cue any in which said land or some part thereof is situated that shall be actually prejudiced by such failure. The Com- loss is claimed under this policy by an insured owner levies taxes or alSessments on real property; (I) pany shall have the right to institute and prosecute of an indebtedness secured by mortgage or deed of "public records": those public records which, under any action or proceeding or do any other act wllich, trust, to pay such insured the indebtedne.. of the the recording laws, impart constructive notice of mat. in its opinion, may be necessary or desirable to mortgagor or trustor under said mortgage or deed of ters relating to said land. establish the title, or any insured lien or charge, as trust, together with all costs which the Company is insured. In all cases where this policy permits or obligated hereunder to pay, in which case the Com. requires the Company to prosecuM or defend any pany shall become the owner of, and such insured 10. WRITTEN INDORSEMENT REQUIRED TO action or proceeding, the insured shall secure to it in shall at once assign and transfer to the Company, said CHANGE POLICY writing the right to so prosecute or defend such action mortgage or deed of trust and the indebtedness there. No provision or condition of thilJ policy can be waived or proceeding, and all appeals therein, and permit it by secured, and such payment shall terminate all or changed except by writing indorsed hereon or at. to use, at its option, the name of the insured for such liability under this policy to such insured. tached hereto signed by the President, a Vice Presi. purpose. Whenever requested by the Company the dent, the Secretary, or an Assistant Secretary of the insured shall assist the Company in any such action 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. Company. or proceeding, in effecting settlement, securing evi. INDORSEMENT OF PAYMENT ON POLICY dence, obtaining witnesses, prosecuting or delending 11. NOTICES, WHERE SENT such action or proceeding, to such extent and in such The Company wiIJ pay, in addition to any lOA insured manner as is deemed desirable by the Company, and against by this policy, all costs imposed upon the in- All notices required to be given the Company and any the Company shaIJ reimburse the insured for any sured in litigation carried on by the Company for the statement in writing required to be furnisbed tbe Com. expense so incurred. The Company shall be subrogated insured, and in litigation carried on by the insured pany shall be addressei to it at the office which issued to and be entitled to all costs and attomeys' feCi in. witb the written authorization of the Company, but Dot !hi> policy. . .' . . . . I I - I > " . . .. .~ , 1012.1.50 CLTA Standard Coverage Policy form Copyright 1950 Fee $,} 7~" POLICY OF TITLE INSURANCE ISSUED BY TITLE INSURANCE AND TRUST COMPANY OF LOS ANGELES Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the Com- pany, for a valuable consideration paid (or 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 the persons and corporations included in the definition of "the insured" as set forth in the stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A which the insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or 2. Unmarketability, at the date hereof, of the title to said land of any vestee named herein, unless such unmarketahility exists because of defects, liens, encumbrances, or other matters shown or referred to in Schedule B; or 3. Any defect in, or lien or encumhrance on, said title, existing at the date hereof, not shown or referred to in Schedule B; or 4. 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 5. 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, such mortgage or deed of trust being !'hown in the order of its priority in Pari Two of Schedule B; all !'ubject, however. to Schedules A and B and the Stipulations herein, all of which schedules and !'tipulations 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 authorized officers on the date shown in Schedule A, TITLE INSURANCE AND TRUST COMPANY by 9I'qI~~ PRESIDENT t~ Attest SECRETARY r . vg . . 4 . I [ , I .' '. ~ l~ .- 1012A 2-51 eLTA Standard Coverage Policy SCHEDULE A Amount $ 1 # 500.00 Dare August 11, 1953 at7 a.m. Policy No. 3481791 INSURED CITY OF SANTA MONICA# a municipal corporation. 1. The title to said land is, at the date hereof, vested in: CITY OF SANTA MOHICA# a municipal corporation. 2, Description of land in the county of Los Angeles, state of California, title to which is insured by this policy: The northwest 25 teet of lot 12 of Jepson Tract, 1n the city of Santa Monica# as per map recorded in book 7 page 119 ot Maps, 1n the office of the cOImty recorder ot said county. Title acquired by decree of condemnation,.. eert1f'led copy ot which was recorded June 30, 1953# in,b~k 42096 page 67# Official Records. :. /\ I ,,/,, . , v , </) k ' ,. <, ' 1\ 1 Ii '\.... ,~~ '1.' , /I' ~/ '-'} "}''-' J / ' ti ,~ \./ -', ,,.;;#'" r;./ '-] ~! 'i 'Y ~: A/ / IA ' . 1'- I . . I., . .' - ~ ~ - . 1 .. 10128 4.51 en A Standard Coverage Policy SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust shown. in Part Two is expressly insured in paragraphs numbered 4 and 5 on page 1 of this policy. ' PART ONE: This part of Schedule B refers to matters which, if any such exist, may affect the title to said land, but which are not shown in this policy: . 1. Tues or assessments which are not shown as existing liens by the records of any taxing agency or by the public records; and easements, liel18 or encumbrances which are not shown by the public record" 2, Rights or claims of 'persons in possession of said land which are not shown by, the public records. 3. Any facts, rights, interests, or claims which are not shown by the public records 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 w~er. 5. Any laws, governmental acts or regulatiol18, including but not limited to zoning ordinances, re5tricting, r~ulating or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoWn! or "Dances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of and; or the effect of any violation of any such restrictions, regulations or prohibitions. PART Two: This part of Schedule B shows liens, encumbrances, defects, and other matters affecting the title to said land or to which said title is subject: 1. General and special county and city taxes for the fiscal year 1953-1954, a lien not yet PiLyable. 2. A sale of lot 12 (northwesterlY 25 feet), to J. C. Steele, for $764.98, certifi~ate 236, sold November 2, 1927 for paving sidewalk curb of Main street and bridge and other streets, recorded in register of certificates of sale . Qi:ty treasurer of Banta Monica. Amount to pay prior to September 2. 1953, $3., 136)41 .. ' . , . ~ .. I .. I .. . I . . - . CLTA Standard Caverage Policy Form STIPULATION S Copyright 1950 1012-C 6-50 1. SCOPE OF COVERAGE curTed or expended by the Company, which may be otbel'l\-jse. The liability of the Company under thi. recoverable by tbe insured in any litigation carried policy shall in 110 case exceed, in aU, tbe actual Iou This policy does not insure against, and the Company on by tbe Company on behalf of the insured. The of the insured and c0918 which the Company i. obligated will not be liable for los8 or damage created by or word "knowledge" in this paragraph means actual hereunder to pay. and in no case sball Incb total arising out of any of the following: <a) defects, liens, knowledge, and does not refer to constructive knowl- liability exceed the amount of this policy and .-aid claims, encumbrances, or other matters which result in edge or notice which may be imputed to the insured costs. All payments under this policy shall reduce the no pccuniary loss to the insured; (b) defects, liens. by tbe public records. amount of the insurance pro tanto. and payment of loss encumbrances, or other matters created or occurring or damage to an insured owner of indebtedness shall subsequent to the date hereof; (c) defects. liens. 3. NOTICE OF LOSS. LIMITATION OF ACTION reduce. to that extent. the liability of the Company to encumbrances, or other matters created or suffered by the insured owner of &aid land. No payment may be the insured claiming such loss or damage; or (d) A statement in writing of any loss or damage for which demanded by any insured without producing tbis policy defects, liens, claims. encumbr!mces. or other matten it is claimed the Company is liable under this policy for indorsement of such, payment. existing at the date of this policy and known to the shall be furnished to the Company within sixty days insured claiming such loss or damage, either at the after such 10Sll or damage shan have been ascertained. date of this policy or at the date luch insured claim. No action or proceeding for the recovery of any 8uch 8. MANNER OF PAYMENT OF LOSS TO INSURED ant acquired an estate or interest insured by this policy, I... or damage .han be instituted or maintained LoSll under this poli~y shall be payable. first, to any unless such defect, lien, claim, encumbrance or otber against tbe Company until after full compliance by insured owner of indebtedness secured by mortgage or matter shaH ha\'e been disclosed to tbe Company in tbe insured with all the conditions imposed on the deed 01 trust shown in ScheduJe B, in order of priority writing prior to tbe issuance of this policy or appeared insured by .his policy, nor unless commenced within therein sbown, and if such ownership vests in more at tbe date of this policy on tbe public records. Any twelve montbs after receipt by the Company of luch than one, payment shall be made ratably as their rights or defenses of the Company against a named written statement. respective interests may appear, and thereafter any insured shall be equally available against any person loss 8hall be payable to tbe otber insured. and if more or corporation who shan become an insured hereunder 4. OPTION TO PAY, SETTLE , OR COMPROMISE than one, then to such insured ratably as their respec. as successor of such named insured. CLAIMS live interests may appear. If there be no such inlured The Company reservea the option to pay, settle, or owner of indebtednel8, any 1081 shall be payable to the insured, and if more than one. to such insured 2. DEFENSE OF ACTIONS. NOTICE OF ACTIONS compromise for, or in the name of. the insured, any ratably as their respective interests may appear. OR CLAIMS TO BE GIVEN BY THE INSURED claim i~sured against or to pay this policy in full at any time, and payment or tender of payment of tbe The Company at its own cost shall defend the insured fun amount of this policy, together with aU accrued 9. DEFINITION OF TERMS in all litigation consisting of actions or proceedinp costs which tbe Company is obligated hereunder to pay, The following terms when used in this policy mean: against the insured, or defenses, restraining orders, or shall terminate all liability of the Company here. <a) "named insured": the penons and corporations injunctions interposed against a foreclosure or aale of under. including all obligations of the Company with named aa insured in Scbedule A of this policy; (b) said land in satisfaction of any indebtedness, the respect to any litigation pending and subsequent costs "the insured": such named insured together with (1) owner of which is insured by this policy, which litiga. thereof. each successor in ownership of any indebtedness tion is founded upon a defect, lien, encumbrance, or secured by any mortgage or deed of trUst shown in other matter insured against by this policy, and may 5. SUBROGATION UPON PAYMENT OR SETTLE- Scbedule B, Ihe owner of which indebtedness is pursue such litigation to final determination in. the MENT named herein as an insured, (2) any such owner or court of Jast resort. In case any such litigation shaH Whenever the Company Ihall have settled a claim auccessor in ownership of any such indebtednesl who become known to any insured, or in case knowledge under tbis policy, it sbaH be subrogated to and be acquires the land described in Schedule A or any shan come to any insured of any claim of title or entitled to all rights, securities, and remedies which part thereof, by lawful means in satisfaction of Kid interest which is adverse to the title as insured or the insured would have bad against any penon or indebtedness or any part thereof, (3) aoy governmental which might cause loss or damage for which the Company shall or may be liable by virtue of this property in respect to such claim. had this policy not agency or instrumentality acquiring said land under been issued. If the~ payment does not cover the 1081 an insurance contract or guarantee insuring or guar. policy, such insured shall notify the Company thereof of the insured, the Company shall be subrogated to anteeing said indebtedness or any part thereof, and in writing. If such notice shall not be given to the such rights, securities, and remedies in the proportion (4) any person or corporation deriving an estate or Company at least two days before the appearance day wbich said payment bears to tbe amount of said 10s8. interest in said land as an heir or devisee of a named in any such litigation. or if such insured shall not, in In either event the insured shal1 transfer, 01" cause to insured or by reason of the dissolution, merger. or writing, promptly notify the Company of any defect, be transferred, to the Company such right., securities. consolidation of a corporate named in.ured; (e) lien, encumbrance, or other matter insured against, or and remedies, and shan permit the Company to use "land": the land described Ipecifical1y or by reference of any such adverse claim which shall come to the the name of the insured in any transaction or litigation in Schedule A and improvements affixed thereto which knowledge of such insured, in respect to which los. involving such rights, securitiea, or remediel. by la",' constitute real property; (d) "date": the or damage is apprehended, then all liability of the exact day, hour and minute specified in the first line Company as to each insured having such knowledge of Schedule A (unless the context clearly requires a shall cease and terminate; provided, however, that 6. OPTION TO PAY INSURED OWNER OF IN- failure to so notify the Company shall in no case prej~ DEBTEDNESS AND BECOME OWNER OF SECURITY different meaning); (e) "taxing agency": the State and each county, city and county, city and district udice the claim of any insured unless the Company The Company has the right and option, in case any in which said land or some part thereof is situated that shall be actually prejudiced by such failure. The Com~ loss is claimed under this policy by an insured owner levies taxes or assessments on real property; (I) pany shall ha,,'e the right to institute and prosecute of an indebtedness secured by mortgage or deed of "public records": those public records which, under any action or proceeding or do any other act which, trust, to pay such insured the indebtedness of the the recording laws, impart constructive notice of mat. in its opinion, may be necessary or desirable to mortgagor or trustor under said mortgage or deed 01 ten reJating to said land. establish tbe title, or any insured lien or charge, aa trust, together with aU costs which the Company is insured. In all cases where this poliey permits or obligated hereunder to pay, in which case the Com. requires the Company to prosecute or defend any pany shall become the owner of, and such insured 10. WRITTEN INDORSEMENT REQUIRED TO action or proceeding, the insured shall secure to it in shall at once assign and transfer to the Company, said CHANGE 'OLlCY writing the right to so prosecute or defend such action mortgage or deed of trust and the indebtedness there. No provision Or condition of this policy can be waived or proceeding, and all appeals therein, and permit it by secured, and luch payment shall terminate all or changed except by writing indorsed hereon or at. to use, at its option, the name of the insured for such liability under this policy to 8uch insured. tached hereto signed by the President, a Vice Presi. purpose. Whenever requested by the Company the dent, the Secretary, or an Assistant Secretary of the insured shall assist the Company in any such action 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. Company. or proceeding. in effecting settlement. securing evi. INDORSEMENT OF PAYMENT ON POLICY dence. obtaining witnesses, prosecuting or defending 11. NOTICES, WHERE SENT such action or proceeding, to such extent and in such The Company will pay, in addition to any 1088 insured manner as is deemed desirable by the Company, and against by this policy, all costs imposed upon the in. An notices required to be given the Company and any the Company shall reimburse the insured for any sured in litigation carried on by the Company for the statement in writing required to be furnished the Com- expense so incurred. The Company shall be subrogated insured, and in litigation carried on by the insured pany shan be addressed to it at tbe office which isaued to and be entitled to .11 coats and anomeys' feee in. with the written authorization of the Company, hut not this poliey.