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IN CONSIDERATION of the sum of $10.00, receipt of which
1s acknowledged, the undersigned,
ABBOT KINNEY COMPANY, a corporation,
does hereby release, remise and quitclaim to the City of Santa Mon-
ica, a municipal corporation of the State of California, all of the
right, title and interest of the undersigned in and to the real
property described as:
That portion of the Rancho La Ballona, in the City of
Santa Monica, County of Los Angeles, State of California, described
as follows:
That portion of the 30-foot strip of land marked
"Los Angeles Pacific R.R." on the map of Wadsworth and
Hollister Tract, recorded in book 2, pages 9 and 10 of
41,,~.:5 in the Office of the County Recorder
Mi60el1nnoouo Rceord&,
of said County, extending from the northeasterly prolonga-
tion of the southeasterly line of said Wadsworth and
Hollister Tract to the northeasterly prolongation of the
northwesterly line of said Wadsworth and Hollister Tract.
EXCEPTING therefrom that portion thereof now included
within the lines of Hollister Avenue as now established.
EXCEPTING AND RESERVING to the undersigned, and the suc-
cessors and assigns of the undersigned, the title and exclusive
right to all of the minerals and mineral ores of every kind and
character within or underlying said real property or that may be
produced therefrom, including all petroleum, oil, natural gas and
other hydro-carbon substances, together with the exclusive and
I, perpetual right of the undersigned, and the successors and assigns
I
i
I of the undersigned, of ingress and egress beneath the surface of
said land to explore for, extract, mine and remove the same and to
make such use of said land beneath the surface as is necessary or
useful in connection therewith, including any lateral or slant
l drilling, digging, boring, or sinking of wells, shafts or tunnels;
'"
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800K4,:j9~-1 r)4li!::304
provIded, however, that the undersigned, and the SJ.ccesso:'s and
assigns of the undersigned, shall not use or di~turb the surface of
said ~and or any improvements thereon in the exercise of any of said
~ign~s, or remove or impair the lateral or subjacent support of saie
l&nd or any improvements thereon.
The right, title and interest hereby quitclaimed is
subject to easements, restrictions, reservations, conditions and
ccvenents of record and to taxes for the fiscal year 1950-51 ~nd
subsequent years.
IN WITNESS WHEREOF, the undersigned has executed the
f'oresolng Quitclaim Deed this 3rd day of June , 1954.
ABBOT KINNEY COMPANY
/"
uJ)/ ~
By~_ 1-.A-l Q,/.~
President
~ By <')ry} Q~t..~fl'? {Ot.._ J ,....".
- ecretary
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I
,~
STATE OF CALIFORNIA l
SS.
COUNTY OF LOS ANGELES
ON THIS day of , 1954, before
the undersigned, a Notary Public in and for said Count,y, and State,
personally appeared ,
-
,
known to me to be the person___whose name subscribed tel
the within instrument, and acknowledged to me that__he___ executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate firs
above written.
NOTARY PUBLIC
in and for said County and state
,,' "!' (} Ct
;,~ STATE OF CALIFORNIA l
ss.
COUNTY OF LOS ANGELES
ON THIS ~$?~ay of June , 1954, before
the undersigned, a Notary Public in and for said County and state,
personally appeared W. THOS. DAVIS , known to me to be
the President, and M. PHILLIP DAVIS , known to me
to be the Secretary of
ABBOT KINNEY COMPANY
the corporaticu that executed the within instrument, known to me
to be the persons who executed the within instrument, on behalf of I
the corporation therein named, and acknowledged to me that such I
corporation executed the same. I
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first abcve written. ') ./';:';;:;' '" "''y;J;
\ \'\~: C' ~ ";, ':
'''': !'\ 1 . \.... _',; i: \;. ~ ~'" J
~ ~IW ~BLfd\, '
in anc. for said County\~n;d State
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1012 6-53
Collfornla Land TItle Association
Standard Coverage Poll cy Form
Copyright 1950 Fee $.:? /0.'7.f'"' I 1 ,/'l l/ C;'
~
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 shown 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 9I'o/~ ~~
. // PRESIDENT
Ie;,/ fl'"W.' '1~~
, pl"1:,l..cr:-t 'I ?-. -;;';:~""11." "-
Attest
SECRETARY
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1012A 8-53 1 I
California land Tille Assoclatlan
Standard Co~erage Policy Form SCHEDULE A
Copyright 1950
Amount 67,117.00 Date November 1, 1954 at 8 a.m. Policy No. 4061147
INSURED
CITY OF SANTA MONICA, a municipal 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 Angeles, state of California, title to which is
insured by this policy:
Parcell: That part of lot 6 in block 1 of South Santa
Monica, in the city of Santa Monica, county of Los Angeles,
state of California, as per map recorded in book 3 pages
86 and 87 of Miscellaneous Records, in the office of the
county recorder of said county, described as follows:
Commencing at the westerly corner of said lot 6; thence
southeasterly 150 feet to the southerly corner of said lot
6; thence northeasterly 29.14 feet to a point; thence north-
westerly 150.07 feet to a point in the northwesterly line
of said lot 6; thence southwesterly 24.51 feet to the point
of beginning.
EXCEPTING therefrom that portion thereof included within
the lines of the land described in the deed from Pacific
Electric Railway Company, to City of Santa Monica, recorded
March 6, 1940 as Instrument No. 995 in book 17348 page 67,
Official Records.
Parcel 2: The northeasterly 30 feet of lot 7 in block 1 of
South Santa Monica, in the city of Santa Monica, county of
Los Angeles, state of California, as per map recorded in
book 3 pages 86 and 87 of Miscellaneous Records, in the
office of the county recorder of said county.
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EXCEPTING therefrom that portion thereof included within the
lines of the land described in the deed from Pacific Electric
Railway Company, to City of Santa Monica, recorded March 6,
1940 as Instrument No. 995 in book 17348 page 67, Official
Records.
Parcel 3A: That part of lot 10 in block 1 of South Santa
Monica, in the city of Santa Monica, county of Los Angeles,
state of California, as per map recorded in book 3 pages 86
and 87 of Miscellaneous Records, in the office of the county
recorder of said county, described as follows:
Commencing at a point in the southerly line of lot 10, 10
feet northeasterly from the most southerly corner of said
lot 10; thence northwesterly on a line parallel to the south-
westerly side of said lot 10, 150 feet to a point in the
northwesterly line of said lot; thence northeasterly along
said northwesterly line, 19.14 feet to a point; thence south-
easterly, 150.07 feet to a point in the southeasterly line
of said lot; thence southwesterly 23.77 feet to the point
of beginning.
Parcel 38: Southwesterly 10 feet of lot 10 and the north-
easterly 30 feet of lot 11 in block 1 of South Santa Monica,
in the city of Santa Monica, county of Los Angeles, state of
California, as per map recorded in book 3 pages 86 and 87
of Miscellaneous Records, in the office of the county recorder
of said county.
EXCEPTING from said lot 11, that portion thereof included
within the lines of the land described in the deed from
Pacific Electric Railway to City of Santa Monica, recorded
March 6, 1940 as Instrument No. 995 in book 17348 page 67,
Official Records.
Parcel 4: Lot 6 in block 2 of South Santa Monica, in the
city of Santa Monica, county of Los Angeles, state of
California, as per map recorded in book 3 pages 86 and 87
of Miscellaneous Records, in the office of the county re-
corder of said county.
Parcel 5: Lot 10 in block 2 of South Santa Monica, in the
City of Santa Monica, county of Los Angeles, state of
California, as per map recorded in book 3 pages 86 and 87
of Miscellaneous Records, in the office of the county re-
corder of said county.
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Parcel 6: The northeasterly 30 feet of lots 7 and 11 in
block 2 of South Santa Monica, in the city of Santa Monica,
county of Los Angeles, state of California, as per map re-
corded in book 3 pages 86 and 87 of Miscellaneous Records,
in the office of the county recorder of said county.
Parcel 7: Lots 6, 10 and 11 in block 3 of South Santa
Monica, in the city of Santa Monica, county of Los Angeles,
state of California, as per map recorded in book 3 pages
86 and 87 of Miscellaneous Records, in the office of the
county recorder of said county.
EXCEPTING from said lot 11, the southwest 30 feet thereof.
Parcel 8A: Lots 12 and 22 and the northeasterly 5 feet of
lot 23 of Ivar A. Weids Subdivision of block 4 of South
Santa Monica, in the city of Santa Monica, county of Los
Angeles, state of California, as per map recorded in book
19 page 58 of Miscellaneous Records, in the office of the
county recorder of said county.
Parcel 88: lots 13 and 21 of Ivar A. Weids Subdivision of
block 4 of South Santa Monica, in the city of Santa Monica,
county of Los Angeles, state of California, as per map re-
corded in book 19 page 58 of Miscellaneous Recor~ in the
office of the county recorder of said county.
Parcel 9A: Those portions of lots 17, 18 and 19 of South
Santa Monica, Wharf Property, in the city of Santa Monica,
county of Los An~eles, state of California, as per map re-
corded in book 2 page 56 of Miscellaneous Records, in the
office of the county recorder of said county, described as
follows:
Commencing at the southerly corner of said lot 19; thence
northwesterly along the southwesterly line of lots 17, 18
and 19, 129.70 feet to the westerly corner of lot 17; thence
northeasterly 3.95 feet along the northwesterly line of
said lot 17, to a point; thence southeasterly 129.8 feet,
more or less, to a point in the southeasterly line of lot 19,
said point being also the most westerly corner of the 100
foot reserved strip formerly of Southern California Railway;
thence southwesterly 9.69 feet to the point of beginning.
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Parcel 9B: Lot 21 of South Santa Monica Wharf Property,
in the city of Santa Monica, county of Los Angeles, state
of California, as per map recorded in book 26 page 56 of
Miscellaneous Records, in the office of the county re-
corder of said county.
Parcel 9C: The northeasterly 30 feet aflot 22 of South
Santa Monica Wharf Property, in the city of Santa Monica,
county of Los Angeles, state of California, as per map re-
corded in book 26 page 56 of Miscellaneous Records, in the
office of the county recorder of said county.
Parcel lOA: That portion of the Rancho La Ballona, in the
city of Santa Monica, county of Los Angeles, state of
California, described as follows:
That portion of the 30 foot strip of land marked "Los
Angeles Pacific R. R.1l on the map of Wadsworth and Hollister
Tract, as per map recorded in book 2 pages 9 and 10 of Maps,
in the office of the county recorder of said county, extend-
ing from the northeasterly prolongation of the southeasterly
line of said Wadsworth and Hollister Tract to the north-
easterly prolongation of the northwesterly line of said
Wadsworth and Hollister Tract.
EXCEPTING therefrom that portion thereof now included
within the lines of Hollister Avenue as now established.
Parcel lOB: Lot IlA" of block 1 of Wadsworth and Hollister
Tract, in the city of Santa Monica, county of Los Angeles
state of California, as per map recorded in book 2 pages
9 and 10 of Maps, in the office of the county recorder of
said county.
Parcel 10C: That portion of a strip of land marked
"Reserved Strip" as shown on the map of Wadsworth and
Hollister Tract, in the city of Santa Monica, county of
Los Angeles, state of California, as per map recorded in
book 2 pages 9 and 10 of Maps, in the office of the county
recorder of said county, described as follows:
Beginning at the most northerly corner of lot 1 in block
2 of said tract; thence North 510 12' East 25 feet to the
southwesterly line of the right of way of the Los Angeles
and Pacific Railroad Company, recorded in book 1540 page 114
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of Deeds; thence along said last mentioned line, South 400
301 East 359.8 feet, more or less, to a point thereon that
would be intersected by the northeasterly prolongation of
the southerly line of block 3 of said tract; thence South
490 301 West 25 feet to the most easterly corner of lot 1
in said block 3 of said tract; thence North 400 301 West
359.8 feet to the point of beginning.
Parcel 10D: Those portions of lots 1 and 2 in block 1 of
Wadsworth and Hollister Tract, in the city of Santa Monica,
county of Los Angeles, state of California, as per map re-
corded in book 2 pages 9 and 10 of Maps, in the office of
the county recorder of said county, lying northeasterly
of a line drawn from a point in the northwesterly line of
said lot 2, 5 feet southwesterly from the most northerly
corner of said lot 2 to a point in the southeasterly line
of said lot 1, 5 feet northeasterly from the southerly
corner of said lot 1.
Parcel llA: Strip of land 20 feet in width adjoining the
right of way of the Los Angeles Pacific Railroad Company
of California, recorded in book 1540 page 114 of Deeds, in
the office of the county recorder of said county, on the
westerly or ocean side thereof., being the southwesterly
20 feet of lot 2 in block A, the southwesterly 20 feet of
lots 2 and 24 in block B, the southwesterly 20 feet of lots
2 and 24 in block C of the Central Beach Tract, in the city
of Santa Monica, county of Los Angeles, state of California,
as per map recorded in book 78 pages 77 and 78 of Miscellaneous
Records, in the office of the county recorder of said county.
ALSO those portions of Hart Avenue, and Fraser Avenue, as
shown on said map which adjoin those portions of the above
described lots.
Parcel IlB: The northeasterly 5 feet of lot 3 in block IIAII;
The northeasterly 5 feet of lot 3 in block IIBII;
The northeasterly 5 feet of lot 25 in block "BII;
The northeasterly 5 feet of lot 3 in block IICIl;
the northeasterly 5 feet of lot 25 in block !ICII;
all in the Central Beach Tract, in the city of Santa Monica,
county of Los Angeles, state of California, as per map re-
corded in book 7 pages 77 and 78 of Miscellaneous Records,
in the office of the county recorder of said county.
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ALSO those portions of Hart Avenue and Fraser Avenue, as
shown on said map which adjoin those portions of the above
described lots.
EXCEPT the title and exclusive right to all of the minerals
and mineral ores of every kind and character within or under-
lying said real property or that may be produced therefrom,
including all petroleum, oil, natural gas and other hydro-
carbon substances, together with the exclusive and perpetual
right of ingress and egress beneath the surface of said land
to explore for, extract, mine and remove the same and to make
such use of said land beneath the surface as is necessary
or useful in connection therewith, including any lateral or
slant drilling, digging, boring or sinking of wells, shafts
or tunnels, but without the right to use or disturb the
surface of said land or any improvements thereon in the
exercise of any of said rights, or remove or impair the
lateral or subjacent support of said land or any improvements
thereon, as reserved in various deeds recorded November 1,
1954.
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1 0128 8-53
California land Title Association
Standc;lrd Co~erage Policy Form SCHEDULE B
Copyright 1950
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 afiect the title to said
land, but which are not shown in this policy:
1. Taxes or assessments 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.
3. lmy 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 water.
5. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating
or prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances
prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; 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 1954-1955, which may include levies for Santa Monica
Municipal Improvement District No. 1, created for City Park.
2. A sale to the state of California covering this and other
property for county and city taxes for the fiscal year 1950-
1951, assessment 709013, and subsequent delinquencies. Amount
to redeem prior to November 30, 1954 $20,048.70.
3. Affecting Parcel 8A:
Covenants, conditions and restrictions affecting lots 12 and
22, of Ivar A. Weids Subdivision, contained in the deed from
Ivar A. Weid and Marie Weid, wife, to Abbot Kinney, recorded
prior to February 15, 1950 in book 1630 page 278 of Deeds,
as follows:
"The within transfer is made upon the understanding and
agreement that said lots shall be used for the purposes of
a right of way for an electric or other railroad, but should
said lots not be used for such purposes then it is understood
and agreed as a part of the consideration of the within transfer
that any improvement or improvements erected upon either of
said lots shall not be of less value than the sum of $1,500.00.11
4. Affecting Parcel lOB:
Easement over said land for water and gas pipes, as reserved
in the deed from Abbot Kinney, et aI, recorded in book 1575
page 53 of Deeds.
5. Affecting Parcel lOB:
.
Easement over said land for water and gas pipes, as reserved
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in the deed from W. M. Eason, Trustee, recorded prior to
February 15, 1950 in book 1684 page 35 of Deeds.
6. Affecting Parcel lOB:
Covenants, conditions and restrictions contained in the deed
last above mentioned.
7. Affecting Parcel 10D)
Easement over said land for water and gas pipes, as reserved
in deed from Abbot Kinney, et al, recorded in book 1575 page
53 of Deeds.
8. Affecting Parcel 10D:
Easement over said land for water and gas pipes, as reserved
in deed from W. M. Eason, Trustee, recorded prior to February
15, 1950 in book 1742 page 247 of Deeds.
9. Affecting Parcel lOD:
Covenants, conditions and restrictions contained in the
deed last above mentioned.
10. Affecting Parcel lOD:
Easement over said land for water and gas pipes, as reserved
in deed from W. M. Eason, Trustee, recorded prior to February
15, 1950 in book 1763 page 123 of Deeds.
lI. Affecting Parcel 10D:
Covenants, conditions and restrictions contained in the deed
above mentioned.
12. Affecting Parcel llA:
The effect of the provision that lot 2 in block A of Central
Beach Tract, as per map recorded in book 78 pages 77 and 78
of Miscellaneous Records, uis and shall remain dedicated for
pUblic use as a street and for right of way for electric
railway," as recited in the deed from G. A. Hart and Ida M.
Hart, husband and wife, to Thomas S. Wadsworth, recorded in
book 1444 page 214 of Deeds.
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13. Affecting Parcel llA:
Covenants~ conditions and restrictions contained in the
deed from G. A. Hart and Ida M. Hart~ husband and wife~
recorded prior to February 15, 1950 in book 1444 page 214
of Deeds.
14. Affecting Parcel lIB:
Covenants, conditions and restrictions contained in deeds
from G. A. Hart and Ida'M. Hart, husband and wife, re-
corded prior to February 15, 1950 in book 1444 page 214
of Deeds, affecting lot 3 in block "A".
15. Affecting Parcel lIB:
Covenants, conditions and restrictions contained in deeds
from G. A. Hart and Ida M. Hart, husband and wife, re-
corded prior to February 15, 1950 in
Book 1444 page 214 of Deeds, affecting lot 3 in block IlAIl;
Book 1584 page 168 of Deeds, affecting lot 3 in block "B";
Book 1541 page 108 of Deeds, affecting lot 25 in block "BIl;
Book 1620 page 304 of Deeds, affecting lot 3 in block IlCIl;
Book 1552 page 180 of Deeds, affecting lot 25 in block "C";
Book 1728 page 210 of Deeds, affecting lot 25 in block IlCIl;
Book 1627 page 139 of Deeds, affecting lot 3 in block "DIl;
Book 1445 page 218 of Deeds, affecting lot 25 in block "D".
16. The effect of the following recital in the deed from
Pacific Electric Railway Company to City of Santa Monica,
recorded November 1, 1954:
IlGrantor is reserving frontage rights to said property within
the prolongationsof Wadsworth Avenue, Hart Avenue and Fraser
Avenue, northeasterlyll.
page 9
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1012,C 8.53 I
California land Title ~ssociation I
Standard Coverage Policy Form STIPULATION S I
Copyright 1950
1. SCOPE OF COVERAGE curred or expended by the Company, which may be othen,-ise. The liability of the Company under thi.
recoverable by the insured in any litigation carried policy shaH in 110 case exceed, in all, the actual los.
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
will not be liable for loss or damage created by or word "knowledge" in this paragraph means actual hereunder to pay, and in no case shall 8uch total
arising out of any of the following: (_> defeels, lien., knowledge, and does not refer to constructive knowl- liability exceed the amount of this policy and laid
claims, encumbrances, or other matters which result in edge or notice, which may be imputed to the insured costs. All payments under this policy shaH reduce the
no pecuniary loss to the insured; (b) defects, liens, by the public records. amount of the insurance pro tanto, and payment of lose
encumbrances, or other matters created or occurring or damage to an insured owner of indebtednesl .han
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 said 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 this policy
defects, liens, claims, encumbrhnces, or other matters it is claimed the Company is liable under this policy for indonement 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 loss or damage shall have been ascertained.
date 'of this policy or at the date such insured claim- No action or proceeding for the recovery of any such 8. MANNER OF PAYMENT OF LOSS TO INSURED
ant acquired an estate or interest insured by this policy, 108S or damage shall be instituted or maintained Loss under this policy shall be payable, first, to any
unless such defect, lien, claim, encumbrance or other against the Company until after full compliance by insured owner of indebtedness secured by mortgage or
matter shall have been disclosed to the Company in the insured with all the condition8 imposed on the deed of trust shown in Schedule B, in order of priority
writing prior to the issuance of thi8 policy or appeared insured by this policy, nor unless commenced witbin therein sbown, and if luch ownersbip vests in more
at the date of this policy on the public records. Any twelve months after receipt by tbe Company of such than one, payment sball be made ratably as tbeir
rights or defenses of the Company against a named written Itatement. respective interests may appear, and tbereafter any
insured sball be equally available against any penon loss shall be payable to tbe other insured, and if more
or corporation who 8hall become an insured hereunder 4. OPTION TO PAY, SETTLE, OR COMPIOMISE tban one, then to such insured ratably as their respec.
a8 succe8sor of such named inlJured. CLAIMS live interests may appear. If there be no luch insured
The Company reserves tbe option to pay, lettie, or owner of indebtednell8, any loss shall be payable to
tbe inlured, 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 81 their respective interests may appear.
OR CLAIMS TO liE GIVEN IIY THE INSURED claim insured against or to pay this policy in full at
any time, and payment or tender of payment of the
The Company at it8 own cost shall defend the insured full amount of this policy, togetber witb all accrued 9. DEFINITION OF TERMS
in all litigation consisting _ of actions or proceedings costs wbich the Company is obligated hereunder to pay, The follo_ing terms when used in this policy mean:
again8t the insured, or defense8, restraining orders, or shall terminate all liability of tbe Company here- (a) unamed insured": the persons and corporations
injunctions interposed against a foreclosure or sale of under, includiol all obligations of the Company with named 81 insured in Schedule A of this policy; (b)
.aid land in satisfaction of any indebtedness, the respect to any litigation pending and subsequent costs ..the iosured": such named insured together with (1)
owner of wbich is insured by this policy, which litiga. thereof.
each successor in ownership 01 any indebtedne.1
tion is founded upon a defect,lien, encumbrance. or secured by any mortgage or deed of trust shown in
otber matter insured against by this policy, and may 5. SUIIROGATlON UPON PAYMENT OR SETTLE- Schedule 8, lhe owner 01 wbicb indeb tedDea8 ia
pursue such litigation to final determination in the MENT named herein as an insured, (2) any lucb owner or
court of last resort. In ca8e any such litigation sball Whenever the Company shall have settled a claim successor in ownership of any such indebtedne.. wbo
become known to any insured, or in case knowledge
shall come to any insured of any claim of title or under tbis policy, it shall be subrogated to and be acquires the land described in Scbedule A or any
interest which is adverse to the title as insured or entitled to all rights, securities, and remedies wbich part thereof, by lawful mean. in satisfaction of_ said
which might cause loss or damage for which lhe the insured would have had against any penon or indebtedness or any part thereof, (3) any governmental
Company shall or may be liable by virtue of this property in r~pect to such claim, had this policy not agency or instrumentality acquiring said land under
poUc)', such insured sball notify the Company thereof been il8ued. If the payment doel not cover the Iou an insurance contract or guarantee insuring or guar-
of the insured, the Company shall be .ubrogated to anteeing .aid indebtedness or any part thereof, and
in writing. If 8uch notice shall not be given to the sucb rights, securities, and remedies in the proportion (4) any person or corporation deriving an e.tate or
Company at least two days before the appearance day
in any such litigation. or if such insured shall not, in wbich said payment bean to the amount of said los.. interest in said land as an heir or devi.ee of a named
In either event the insured shall transfer, or cause to insured or by reason of tbe dissolution. merger. or
writing. promptly notify the Company of any defect, be transferred, to the Company such rights, ncurities. consolida tion 01 a corporate named inaured; (c)
lien. encumbrance, or other matter insured against, or and remedies, and shall permit the Company to u.e "land": the land described specifically or by reference
of any such adverse claim whicb shall come to tbe the name of the ineured in any transaction or litigation in Schedule A and improvements affised thereto which
knowledge of. 8uch insured, in respect t9 whicb loss involving such rigbts, lecurities. or remedies. by law constitute real property; (d) "date": the
or damage is apprehended, tben all liability of the exact day, hour and minute .pecified in the fint line
Company as to each insured baving such knowledge of Schedule A (unless the contest clearly requires a
shall cease and terminate; provided, however. that 6. OPTION TO PAY INSURED OWNEI OF IN-
failure to so notify the Company shall in no case prej. DEIlTEDNESS AND liE COME OWNER OF SECURITY different meaning); (e) "taxing agency": the State
and eacb county, city and county, city and ,district
udice tbe 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 inlured owner levies taxes or all8essments on real property; (I)
pany sball have tbe 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 sucb insured the indebtednell8 of the the recording laws, impart constructive notice of mat-
in ill opinion, may be necessary or desirable to mortgagor or trustor under .aid mortgage or deed of ten relating to said land.
establish the title, or any insured lien or charge. al trust, tOlether with all costs whicb the Company is
in8ured. In all cases wbere this policy permits or obligated bereunder to pay, in which case the Com-
requires the Company to prosecute or defend any pany shall become the owner of, and sucb insured 10. WRITTEN INDORSEMENT REQUIRED TO
action or proceeding, tbe insured shall secure to it in sball at once assign and transfer to tbe Company, laid CHANGE POLICY
writing tbe right to 80 prosecute or defend such action mortgage or deed of trust and the indebtedness tbere. No provision or condition of this policy can be waived
or proceeding, and all appeals therein, and permit it by secured, and sucb payment shall terminate all or changed escept by writing indorsed hereon or at-
to uee, at its option, the name of tbe insured for such liability under tbis policy to such inlured. tached hereto signed by the Prellident, a Vice Presi-
purpose. Wbenever requested by the Company tbe . dent, the Secretary. or an Assistant Secretary of the
insured sball assist the Company in any 8ucb action 7. PAYMENT OF LOSS AND COSTS OF LITIGATION. Company.
or proceeding, in effecting 8ettlement, securing evi- INDORSEMENT OF PAYMENT ON POLICY
dence, obtaining witnesses, prosecuting or defending 11. NOTICES, WHERE SENT
such action or proceeding, to JlUch extent and in such The Company will pay, in addition to any 1088 inlured
manner as i8 deemed desirable by the Company. and against by this policy, all C08ts imposed upon the in- All 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 tbe statement in writing required to be furnished the Com-
expense 80 incurred. The Company shall be lubrogated iDlured, and in litigation carried on. by the inlured pany shall be addrelled to it at the office which ilsued
to and be entitled to an COlts and attorney.' feee in. with the written authorization of the Company, but not thia policy.
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THIS IS NOT A SURVEY OF THE lAND BUT IS COMPilED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS,