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1040 9-33
Caltfornia Land 7ifle Association
Standard Covem9e
EasemeM Poliey Form~ ~ . . ~ ~ ~ ~ ~ ~~ ~ . ~ ~ . ~ . ~ ~
CoPYri9ht 7957
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P
OLICY aF TITLE I1~1~SURANCE
ISSUED BY
TITLE I141SURANCE AND TRUST COMPANY
OF LOS ANGELES
Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the
Company, for a valuable consideration paid fox 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 forCh in the stipulations of this policy, against lqss or damage not exceeding the amount stated
in Schedule A which the insured shall sustain by reason of:
1. Title to the easement described in Schedule A being. vested, at the date hereof,
otherwise than as herein stated; or
2. Any defect in, or lien or encumbrance on, said title, existing at the date hereof,
not shown or re#erred to in Schedule B; or
3. ~'riority, at the date hereof, over said easement, of any lien or encumbrance upon
the land which is subjeet to said easement, hereinafte~ called said land, unless
such lien or encumbrance is shown in Schedule B;
all subject, however, to Schedules A and B and #he Stipulations herein, all of which
schedules and stipulations are hereby made a part of this policy.
In 1T/itness l~hereof, 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 IN5UR.ANCE AND TRUST COMPANY
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Attest_ ~ ~' `~ ~# t ~ ~ ~ ` c~ ~~ ~'a° ~ s~#t7i4~~
.............................. ................
SECRETARY
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ap+~~ati~n +~~' a : ~tar~ dr` ~.n, r,~ ~aros~ ~d ~.~ng a
~-ar~iemt es~~ ~~e hr~ ~~.~e~~~ y~~a t~c~a i~a ~h~
~~.~~ c~~' i~ 1~~~~, ~~~~ o~` Loa ~~e~„ st~rr~+e Qf Cali~`arnia,
~ .~r~ +~z~d+~~ in ~ ` ~~ ~t? ~d 3~ t~~` ~$~nt~,~ i~
~he ' c~t~"~.~r~ a~` ~+~ r+~c+~~d~e~° r3t' m~~d ~cat~rity, sa9.d +eat~e~en~ being
i't~l ls~+~t s :
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A~` ~~ 8~ ~'~e~ xid+~f di~'~
d 2i~e i~s ~'~~~s~~`#
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. . 1040B ~ 7-53 ~ . ~ . . ~ . ~ . ~ ~ ~ ~ ~ . . ~ ~ °
Califomia Land Title Association ~ ~ ~ ~ ~~ ~ ~ ~ ~ . ~
~. ..~ ~ Siandard Covera9e .. ~ . . .. . . ~ .
Easement Policy Porm ~~ ~ ~ r~~ T TTT ~~
~ . Copyright 1951 .. . ~ ~ . . ~ ~.. .1.J lJ 1~
This policy does not insure against loss by reason of the matters shown or referred to in this 5chedule.
PnxT OxE: This part of Schedule B refers to matters which, if any such exist, map a$ect the title to said land
or easement, but which are not shown in this policy:
1. Taaes or assessmenta which are not ehown ss e~sting lieaa hy the records of anp taung sgency or by the pnblic
rewrds; and easewents, liens or encumbrancea which are not shown bq the pnblic records,
2. Rights or ciaims of persons in possession of said land or easement which are not ahown by the public records;
and terminadon or impairment of said easement occa sioned by facta not disclosed by the public recorda.
3. Any facta, rights, interesta, or claims which are not shown by the public records but which could be ascertained
by an inspection of said land, or by making inguiry of persons in posaeasion of said land or easement, or bp a
correct survey.
4. Mining claima, reservadons in patents, water rights, claims or title to water.
5, Any laws, grovemmental acts or regulations, including but not limited to zoning ordinancea, restricdng, regulating
or prohibiung;the occupaney, use or enjoyment of said land, or any impmvement thereon, or said easement; or
the effect of any violation of anq such restricdons, regulations or pmhibitions.
Pnx'r Two: This part of Schedule B shows liens, encumbrances, defects and other matters a$ecting the ritle to
said tand or easement or to `which said land is subject: _
~. ~ ~~#~~'~ ~1~ ~~l~~+~. E~C~~~' ~~ ~~~' ~~~' ~'A~" Y~~
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1040C 5-53 . . -
California La~d. Tiile Assoctafion ~ ~ ~ ~ ~
Standard Coyeraye ~ ~ ~ . - . . . ~ ~ . ~ .
. ~. Eacemenf Policy Porm. .~ . . ~ . .. ~ ~
Copvtiaht 795t
STIPULATIONS
i. SCOPE OF COVERAGE
This policy does not insure against, and the Campany will not be
liable for loss or damage created by or ariaing out of any of the
following: (a) defects, liens, clsims, encumbrances, or other mat-
ters whieh result in no pecuniary loss to the insared; (b) defects,
liens, encumbrances, or other matters created or occurring 'subse-
quent to the date hereof; (c) defects, liens, encumbrancea, or other
matters created or suffered by the insured claiming such loss or
damage; or (d) defects, liens, claims, encumbrances, or other mat-
ters existing at the' date of thia policy and known to the insured
claiming such loss or damage, either at the date of this policy or
at the date sucfi insured claimant acquired an estate or interest
insured bp this policy, unless such defect, lien, claim, encumbrance
or other matter shall have been disclosed to the Company in writing
prior to the issuance of this policy or appeared at the date of this
policy on the pnblic xecoads. Any rights or defenses of the Com-
pany against a named insured shall be equally available against
any person or corporation who shall become an insured hereunder
as successor of euch named insured.
.
conditions imposed on the insured by tlua policy, nor unless com-
menced within twelve months after receipt by the Company of
such written statewent.
4. OPTIOOd TO PAY, SEttLE, OR COMPROMISE CLAIMS
The Company reserves the option to pay, settle, or compromise for,
or in the name of, the insured, any claim insured against or to pay
this policy in full at any time, and payment or tender of payment
of the full amount of this policy, together with all accrued costa
which the Company is obligated hereunder to pay, shall temunate
all liability of the Company hereunder, including all obligations of
the Company with respect to any liqgation pending and subsequent
costs thereof.
5. SUBRQfiAT1OEH UPON PAYMENT OR SEiTLEMENT
Whenever the Company shall have settled a claim under this policy,
it shall be subrogated to and be entitled to all rights, securities, and
remedi~s which the insured would have had against any person or
property in respect to such claim, had this policy not been iesued.
proportion which said payment beara to the amount of said losa.
2. DEFENS~ OF ACTiBNS. N071CE OF ACiiONS OR CLAIMS TO BE If the payment doea not cover the loss of the insured, tha Company
aIYEN BY TWE 7NSURED shall be subrogated to such rights, securities, and remedies in the
The Company at its own cost sha11 defend the insured in all litiga- In either event the inaured shall transfes, or cause to be transferred,
tion oonsisting of actions or proceedings against the insured, which to the Company such rights, securities, and remedies, and ahall
lipgation ia founded upon a defect, lien, encumbrance, or other permit the Company to use the nama of tke insured in any trans-
matter insured against by this policy, and may pursue suah litiga- action or litigation involving such ri~hts, securities, or remedies.
tion to final determination in the court qf last resort. In case any
such litigation ahall bacome kaown to any insured, or in case 6. PAYMENT OF LOSS AND COSTS OF LITIGATION. INDORSEMENT
knowledge shall come to any insured of any claim of title or interest- Of PAYMENT ON POLICY '
wluch is sdverse to the title as insured or which may cause loss or '
damage for which the Company shall or may be liabie by virtue of The Company will pay. in addition to any loss insured against by
this policy, such insured shall notify the Company thereof in this policy, all costs imposed upon the inaured in litigation carried
writing. If such notice shall not be given to the Company at least on by the Company for the insured, and in litigation carried on
tFVO days before the appearance day in any such litigation, or if ' by the insured with the written authorization of the Company, but
such insured shall not, in writing, promptiy notify the Company not othenvise. The liability of the Company under thi's policy
of any defect, lien, encumbrance, or other matter insured against, shall in no case exceed, in all, the actual loss of the insured and
or of any such Adverse claim which shall come'to the knowledge costs which the Company is oLligated hereunder to pay, and in no
of such insured, in respect to which loss or damage is apprehended, case shall such totsl liability eaceed the amount of tlus policy and
then all liability of the Company as to each insured having such said costs. All payments under this policy shall reduce tl~e amount
kno~vledge shall cease and'terminate; provided, however, that fail- of tke insurance pro tanto. No payment may be demanded by any
ure to so notify the Company shall in no case prejudice the claim insured without produeing this po&cy for indorsement 'of such
of any insured unless the Company shall be actually prejudiced by payment. '
such failure. The Companp shall have the right to institnte and
prosecute any action or proceeding or do any other act which, in its
opiruon, may be necessary or desirable'to establish the title as '
insured. In all cases where this policy permits or requires the
Company to prosecute or defend any action or proceeding, the
insured shall secure to it in writing the right m so prasecute or
defend such action or proceeding, and all appeals therein, and
permit it to use,, at its option, the name of the insured for such
< purpose. Wheneves requested by the Company the insured shall
assist the Company in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, prosecuting or
defending-suck action or proceeding, to such extent and in such
manner as is deemed desirable by the Company, and the Company
shall reimburse the insured for any expense so incnrred. The
Company shall be subrogated to and be entitled to all costs and
attorneys' fees incurred or espended by the Company, which may
be recoverable by the insured in any litigation carried on by the
Company on behalf of 3he insured. The word "knowledge" in this
paragraph means actual knowiedge, and does not refer to construc-
dve knowledge or notice which may be imputed to the insured
by the public records.
3. NOTICE OF LO55. LIMITATIOi~I OF ACTION
A statement in writing of any loss or damage for which it is claimed
the Compsay is liable under this policy shall be furnished to the
Companp within sixty days after such loss or damage sha11 have
been ascertained. No action or proceeding for the recovery of anp
such loss or damage shall be instituted os maintazned against the
Company nntil after full compliance bp' the imsured with all the
7. DEFINITION OF 7EitM5 '
The following terms when used in this policy mean: (s) '"named
insured": the persons and corporations named as insured in Sched-
ule A of this policy; (b) "the insured": such named insured to-
gether with 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 corporate named
insured; (c) "date": the exact day, hour and minute speFified in
the first line of Schedule A(unless the context cleazly reqmres a
different meaning); (d) "taxing agency": the`atate and each
county, city and county, city and district in which said ',land or
some part thereof is situated that levies taaee or assesement~ on real
property; (e) "public records": those public records which, under
the recording laws, imgart constructive notiee of matters Irelating
to said land. li
8. WRITiEN INDORSEMENT REQUIRED TO CHANGE POLICY
No provision or condition of this policy can be waived or changed
except by writing indorsed hereon or attached hereto signed by
the President, a Vice President, the $ecretary, or an Asaistant
Secretary of the Coatpanq.
9. NOTICES, WHERE SENT
Alt noticea r~uired to be given the Company and any atatement
in writing required to be furnished the Company ahall be addressed
to it ~t the oflice w6ich issued this policp.
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