P-316~
~" 4
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RES{}I~tiTIQN ~+TO, 19~3
: RESaLLt`~'I aN' .~CC~TING GR~+TT DF~E~ FRO&T SfJUTH-
~RN PACIFIC ~i~ILFtaATI' CaP.~?ANY, ~ C4RP't~~;A~It~N,
'~OUTF~RN PACIFIG C~7T~fi'ANY, A CQRPQI~ATI~~T,
_ (L~+'SS~::~ OF SAIL SOtTri'T~~+'F~T I?AC3?'ZC RAILRO.~I3 COM-
~'ANYj , l~I~TL1 Pi~GI~I~ ~;I;~;CTRIC R~'iILV~AY C4MP~+3Y,
;A CO~tPO~ATIdN, (L.ESSL~ C~F ~AII~ SOUT~iE~" ~~Y..'
` F'IC RA:CLROAD COI~PANX AND SOLT~N PACI~'I~ .C41~-:
: P~l ,
~ '~HE CITY COUI~TCI1: 0~' TH~ CI`!'Y OF S 1NTA I,i4I~CA_ HEREBY R~SOL~ES:
That the annexed Grs.tit I7eed f'rom Southern Pacific
Railroatl ComAany, ~ corpor~tion, SoutL~ern Pacif~e Co~npan~, a'
corporat3:o3~ (lessee bf said Sou~hern P€~ci~'ic H;ai~.raad Company) ,
and F'aci£ie Electrie ~tailway Company, a eorpor~tian, (lessee oP
said Southern PaciPic'Raiiroad Company°mnd ~outliern P~ciYic
Campany) , oP a.ll ~Cha~ portion af the ~~aneho :3as~ ~`icente y~~n~~
I~Toniea, in the Ci~g of Santa I~oxtica, County of ` Los :~,n.~eles,
State-oP Cali~ornis, as sk~own,on map recordec~ in Book 3, Pa~es
30 and 31 of' paten~Gs, reeords ti#" seid Cou~tp, btrunded as'fallovvs:
On the North by th~ South~rly 3ine of' the `
Calif'ornia State Highway (80 feet v~ide} (.VII-LA- ,
60-5&:ca.} ~'irstlv deseribed in Farcel No. 11 a~
~'inal 4rder` of Condemnation, Los Angeles ~County
Superior Gourt, Case ~io. 37811~, d$ted I~ecember
13, 1934, r~earded T?ecember 14, 1934, in ~'udgment
Book 899, I'age 170,. Los Angeles CQUnty Superior
Gourt Records, a cextified copy of said decree
being reeordec3 in Book 13179, Pa;e 100, 4PPicial
Records o~' said County; bounded on the East by the
:'~ester].y Zine o~' the property deseribed ~n the
" Quitclaim Deed to Paeif'ic :~l~etric Raa~lwa Compa~y, :
recorded in:Book 3950, Pa~e 81 of ~P~`~a3.~~ Racnrds
of ~ai~1 County; ;bounded on .the Southwest by the
Nox~theasterly Iine a~' ~?ain Street (80 Peet w3.de}
as cc~ndemned by I~ecree in Case No. I33a82, I,os An-
geles Gounty Superior Court, ~;certified copy oP
said decree being recorde@;in Book 48i8, Page I95,
of Official AeQOrds oP said Count~.
EXC~PTI~dG therefram "t~e parcel r~~ l~nd thi~dly .
described ~:n aforesa~.d Farcel No. 11, recorded in
J'udgment Booh 899, Pa~e 17~, Los An~eles Caunty
Superior Court r~ecords.
,A.LSO EXCEPTSI?G t~ieref'rom that p.4rtion ther'eof with-
in the bouncl~ry lines` o~' ~'ourth Street {60 Pes~
wide) ; as n.osv lacated. ,
`Pi~e area of pareel above d:eseribed is 7.3751 acres.
be, and the sam~ is hereby ;aceep~ted.
I3' IS FU-R~~~R i~~~~LVED:
. That -Ghe Commis~ioner of' ~'ublic ~afety, as ex-offi~3ca
~~8yor, and the.Gommissioner o~ Public Works, be, ~nd they here~y
are author~ized and instructed to execute the snne~ed aceeptan~e af
.
..Z_; ,
~3id
I
~
~.
. . ~ ' ~. ~ •~~--~l~f~--gu •.•. . ~
N~- -
\ .
~C)GE~~R ~tith a11 anti sa.~ular the ten~ement~„ heredit~aer~ts
and apptartenance~ thereunto belong3z~g, or in anyuaise appertaini~g,
and the re~ersion a~nd revergiaits, remain~der and remainders, rents,
i s~sanQ.~ and nrnfit ~ t.hpreoi"~ _ _ _ __ _ __ - ----- _----
~ STATF OF CALIFORNIA,
City and .f.ou~cty of San Francisco } ss.
~ 2 /
i On this --°° -~0-------d¢y af-`----•---°°-.._._.._~/'~~- --~----in lhe yersr nrze Thousand Nine Hundred and Thrrty
~ be/ore me, FRr1NK HARVEY, a Notar Publie in and ~
a Y /or the City an~t County of San Francisco, St¢ae of Cali}ornia, person¢lly appeared
65 bfarket St.
9 RC3Y G. ~-IaLL~1~;~A1~tD
._....-----------.._.....--~--------•--------------•--------------..___.._...._......_.___..-•----------_..__._-•------_.....~..e._...__-- --
~ -
. .. .. _ ..
~ --------- ---------------._._--------------------------------~--------- --------------._...._.._.__ _.. __. _._. ---------._. _
~ krzown to me to b~ the._.°-~..~CONI9.~V[CE PRESIDENT O~' THE :
- - - ------._..._...._.._._....__••_-----
SOU~'HER,N PAGIFIG RA[LPOAD COMPANY
i . _ ._....------•---------------•------ -.. . - - -- -------- -•-•---~-------•-•--._._.._.._._ - ---------------.._.__
~ ~ the corporation described in ~ind that executed the within instrument, and also known
to me to 6e the person..._.,.__. whn exncute~l it on behalJ of the corporation therein name~l,
atzd_....._ he __ acknou~ledgeci to me that such corporation executed the same.
~ IN lI~ITNESS TY~HEREDF, I haze, h.ereunto set my h¢nd and affixed my offzcial seal
at my ofhce in the City arz~6 County of Sam Franefsco, the day and year in this certi{icate
fitst abn~~e written.
•°--------°--------------- -------------------------°---------------°-•---•----•---_•_._---- --._.----------~----------,_.._..._
i C~RPORATIOIQ NOTARY PI;~LIC Ti1" AND FOA THE CI7'Y AND COIINTY OF SAN RA'~CISCO, STA1'E UF CALIFORNIA
, My Cammission Expires June 20, 1439.
STATE OF CALIFdRNIA,
City and County o/ San Frnttr,isco } ss.
On this..------~---~------°--_day of-----•..._.•--_---._._._-°------------....._.._...._---°------.irz the yenr One Thousand Nine Hundred and Therty------~---- -~
before me, FHANK HARVF.Y, a Notary Public in and for the City and County of San Francisco, State oj California, persanalla~y (dppeared '
65 Market St.
~i, ~". 1!'IR:~:~~~~t
krzown r~ me to b~ the.___VICE _F`RESIL?E!\?~'_____~'_ ~'HE
- -- ---------_.__._._-----•_.___...------•---
SQUTHERN FACIFIC COM?'ANY
- ---_.._._--••---------•------------------------------•--------------_._..--------•---•..:...._..___~--------------____.._.__._.
~ the corp~ration described tn and that executed the within instrument, and also known
to me to be the persnn__.._._ who ezecuted it on behalf of the cosporat~;on therein ttaraed,
an~l__..._._lee__.._._ ackanwledged to me that such corpora7,ion executed the same.
1~'~' ~ITNES.S WHF,REOF, 1 have hereurl,to sr,t my hand and a/fixed my of~iri¢l seral
at my of}ice in the C,ity an~l Counzy of San Fr¢ncisco, the day and year in this certificate
Jirst above wrdtten. ~ , / ~~
,,,., CORPORATIQF
141y Commission Expires June 20, 1439.
~ T ---------°-------•._._-___
NnTARY PT.iRLIC IV AND FOft 'PHE CI1'Y AND COiINTY OF SAN FRANCISCO~ STATE OF CALIFORNIA
_ _ _ _ __ _ _. _ _ _ ~ _.__ _- . .. _ _
_ att~~~ _c~~R.~~.~'l/~ /----_._ __ __ ___,,
d.
STATE OF CALIFORNIA,
SS.
~~1~.4 ~ ~ ~-------
OIt ~His------ ,31'C~--------day ot- ~t7?~QZ~~@~_'_--------------°--• A.D., rv.._3$, 6efore me.
---------------------Fiaus3,Q lph_Isp~rr_------------------------------------------------------------ ---
a Notary Pubtic in and for rhe said County and State, persona~ly appeared
-- -- -- ------------------~_-'-._.~1. __~_ci,_~IZ'~----- --------------------• President, and
------- ---
----------- ----T'•---~---Z.Q~_}~"..~----------------• Secretary, _------------------_known to me.
(or provee~ ro-me-ort th¢~ aarh-af-------------- ---------°-------------------------), ro Ge the
__-__---_--~reside»t and _------_-_-Secretary_--__-_----of the__~.~.t'.e~''~~t-_~i.~i~~~'~Z~%
-~~~J~x---~O.~~X---___________ , the Corporatron that executed the mithin
Instrument, known to me to be the persons who executed the within lastrument, on behalf of
the Corporation herein named, and acknowledged to me that such Corporation executed the same.
~ IN WITNESS~ WHEREOF. I have hereunfo set my hand and aflt.red my o~cial seat ihe day
and year in this certifrcate fersi aoove written. ~
i; ~
------------------- /~ y~ --~/~'-`-'-~-- - -----------------------------
IVok~ar Publ~c in a d for said Countv and State.
ACKNOWLEbGMENT--CORP: PRGS. B SEC.-WOLC0TT3 FORM 224
. . , ~. ,~-_,io/~3s-_,~~~;,~, '' • ~ ,
.
~
~ ~ - ~. ~
~ ~ ~ .~ ; ~ ~~~
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~
THIS II~DFNTTJJR~, made ~th~t~ 24th day af t7etober, 1938,
i~et~reen St7~T7'~ PACIF'IC Ft~ILR0A13 CD~PI~NY, a earpara~t,ion, S4UTI~~
~ PACIFIC OC3~6F'l~iV'Y, a corporation, ~iesse~ of said ~outhern Pacific
R.ai7road ~omP~j, ~c1 PACIFIC EL~CTRIC RAILW~ C0~'F~1NY, a corpc:rs~
tio~, f I.essee oP said ~outbern pacifie Ra3.lroad. Comp~ny~ anci Southerr~
Pacific Compaay}, first partie~, and GI2~ OF SAI~iTA MC-IYICA, ~ municipal
corporatioa of the State a~£ CaliParnia, second party,
~rCTNES~i
That s~id first partie~, for rand ir~ consideretion af the ~
of Texs ~l(7} ~ollars, lax~`ul mo~ey of t,he Uni~d : tates Q~ Ameri~~, ta~
them paic~. by the said aecond party, the ree~ipt ~hereof' is her~by sc-
lu~o~-ledged, do lay theae presents gra~a.t, bar~ai~, sell, canv~y and ;~ccan-
fir~ unto the said second par~y, and to: its s~e~essors and a.~ssig~s for-
ever~ all that partion af the R~ncch~ Sara V~.cente y Sa~t~ ~+~ni.cs, in fi~a.e
City a~P 5agta i~or~i~s, ~ounty of Loa Axigele~, State of California, a$
shovm on map recorded in Hoe~k 3, pages 3C} and 31 oY p~tent~, ~eeQrc~a of
said ~ounty, bounded as fallawss
On the ~'orth by the Southerly Iine uf the
Galifornia State High~ar~r {8a feet vrid~~ EVII-L~-
~~aJ. ) firstly de~eribeci in Parcel ~Io. ].l ct~
Fi~xal Qrd:+~r of ~o~.emx~tion, Los .~n~el~:~ Ccu~ttg
Sugerior Cour~, ~ase No. 3T~iI.Q, aatea December I3,
1834, re~arded Deeember ~4, I9~3~, ir~ ~~t Baak
89~, P~ge I'~Q, Los 1~ngeles Cpunty ~uperic~ Coctrt
Re~~,x~ds, a cartified copy Qf said deere~ beiszg re-
carcleci in Saaf~ L"3.t~, Page l~, Officiatl Reco~ cxt
said County; baund~~ on the Fas~ by tb:e Westerly li~e
af the propex~fi~r d~acribed ir~ the Quit~laim ~eed. to
Facific ,L'Zectrie Railwsy Company, recar~d in Boc~k
395Ci, Pag~ 8I. cf Official Record~ of said ~o~ssr.ty;
'bot~ded on the 5outh~-r~st 'by the 1~arthe~sterl~- li~te
of ~dain Street ~8f~ feet ~ide~ as Gartc3e~aed by I3ecr~e
in Case No. I~31482, Los ,Angelea. Gaunty Sugeri~t Cotfrt,
a certified cogy Q~` said decre~ bei~g reeorcied ir~ Hoak
4818, P~ge I96, af C?f~'icial RecQrds of said Cacu~.ty«
~X(;EPTI~ thet~~ro~c the pas~c~l t>f lax~d thirdl,y . .
deacri~ed ia ~`ore~aid:. Parcel No. 11,- rec~trded ig ~Tc~dg-
ment Bo~k 899, Page i~q, L4s A'cigel~~a Ce-~nty Superiar
~or~.rt. Recorct~.
ALSO EXCEPTI~G therefrom t]~t particm therec~
~ithin ~the bot~adsry 13~es of Fourtt~ Stres~ t60 Pe~t
i ~ide} a~ nov~ lacated.
', The are~ cxF' par~el ab~e~ d.e:acribed. ia~ Z»3°l5I
&Cr~~.
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B ~
S.C. .T.~. Form 1-6•38-30M
` . ` Eii~JP ,
4 t ,.' , ~ ~
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~~Otylt I~YOtCG~ZOYI I~OZPC~1~
~jo. 15 9~ 180
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z tl~ 12SZt ~'C112C~ and C~/y'ust om an
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a California corporation, herein called
the Company, for a valuable consideration
paid for this Poliey of Title Insurance,
Does Hereby Insure
CITY OF SAT1T~ i~TONICA,
a municipal corporation,
together with any other person or corporation included in the term "Insured" as defined in
this Policy, against loss or damage not exceeding Sixty Thousand Dollars,
which any Insured shall sustain
by reason of title to the land described in ScxEVUr.E A being vested, at the date hereof, otherwise
than as therein stated;
or by reason of unmarketability of the title of any vestee to or in said land, on account of defects,
liens, encumbrances, and other matters existing, at the date hereof, and not shown in SexEnuLE B;
or by reason of any defect in, or lien or encumbrance on said title, at the date hereof,
oTxEx ~nrr def ects, liens, encumbrances, and other matters shown in SexEnui.E B;
or by reason of any defect in the execution, insofar as it af~ects the lien or charge upon said land,
of any mortgage or deed of trust shown in ScxEnuLE B securing an indebtedness, the owner of
which is insured by this Policy;
or by reason of priority thereto of any lien or encumbrance upon said land, at the date hereof,
except as shown in SexEnui.E B;
all subject, however, to the exceptions and conditions hereto annexed, which exceptions and
conditions together with SexEnuLES A and B 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 af~ixed by its duly authorized officers, this Twenty-sixth day
of.November 1938 at 10:01 A. M.
TITLE INSURANCE AND TRUST COMPANY
by ~~A w, ~.
w v~
PRfiSIDENT
~tlC.t`l:,L--=- -----~ --- ---------
ASSISTANT SECRETARY
i DPGc~t4`.~/~
~ This policy consists of 6 pages which are numbered at the end of each page. -~-
S.C.B.T:,U. F'orm 1A-6-38-21~ , , x J: P. Form ~
r- ~ , ~ ~~~ -
SCHEDULE A
[l.] The title to said land is, at the date hereof, vested in
C ITY OF' SANTA ~i~NICA,
a municipal corporation.
[2.] The land referred to in this Policy is described as follows:
L~ Al1 that portion of the Rancho San Vicente y Santa
Ivionica, in the City of Santa 1Vlonica, County of Los
Angeles, State of Californ.ia, as shown on map recorded
in Book 3 Fa~;es 30 and 31 of Y'atents, Records of said
County, bounded as f'ollows:
On the I~orth by the Southerly line of the Cal if ornia
Sta.te Highway (80 feet wide )(VIT-LA-60-SiVlca. ) firstly
described in Parcel No. 11 of FinaZ Order of Condemnation,
Los Angeles County Superior Cour~, Case ~:o. 378110,
da.ted December 13, 1934, recorded December 14, 1934, in
Jud~;ment Book 899 Page 170, Los Angeles County Superior
Court Records, a certified copy of said decree being
recorded in Book 13179 Page 100, Off'icial Records of said
County; on the East by the !~uesterly line of the property
~`3~~
-2-
i , • ~ . . . • . ~. r ( 1
described in the quitclaim deed to Pacific Electric Rail-
way Company, recorded in B~ok 3950 Page S1 of' Official
Records of' said County; an.d on the Southwest by the North-
easterly line of Main Street (80 feet wide) as condemned
by decree in Case T?o. 131082, Los An~eles County Superior
Court, a certified copy of said decree being recorded in
Book 4818 Page 195 of' f~f'i icial Reeords of said County.
EXCEPTI~JG therefrom the parcel of land thirdly
described in aforesaid Parcel z~o. 11, recorded in Judgment
Book 899 Page 170, Los l~ngeles County Superior Court
Records.
AL50 FXCEPT~i~?G therefrom that portion thereof within
the boundary lines of F'ourth Street (60 feet wide )as now
located.
A~SO LXCE~"I'ING that portion of said land described
in the quitclaim deed to Southez~n Pacific Railroad Company,
recorded April 24, 1925, in Book 3960 Page 211 Of'f'icial
Records of said County, and shown colored yellow on the
map attached to and recorded with said deed.
1-~~,.
-3- ~'3/~
S.C.B.T.~J. Form ~B-6-38-30~
' ' J. P. Form
SCHEDULE B
f
., ~
r e
Defects, liens, encumbrances, and other matters ~o which said title is subject in the order of priority
shown:
l. General and special County and Cit~ taxes for
the fiscal year 1938-1939, as follows:
a. Assessment 888088, affecting a portion of
said land, l~mount ~~2912.69. First instal~ment ~2004.57,
including personal property tax of Pacif=ic ~{']~ ctric
Railway.
b. Assessmen.t 888089, affecting a portion of
said land, Amount y~:30'7.02. :~'irst installmen.t ~161.95,
in.cluding personal property tax of Southern Pacific Compan~r,
w16.85.
2. A right of' way f'or a storm drain and sew~er pipe
line over a strip of land 15 feet wide beneath said land,
the center line of said strip being described as
Beginning at a point in the Southeasterly
line of above mentioned ri~ht of v~~ag, also the
i~?orthwesterly line of Tract No. 1347, as per map
thereof recorded in Fook 1~ Page 89 of ~+l~aps,
in the office of the Count~ Recorder of said
County, distant Tvort_~.easterly thereon 162 feet
from the most 'i~Iesterly corner of said ~I'ract No.
1347; t~.ence Ivorth 44° 45' 08" V~Jest a distance of
110.56 feet to a point; thence Nor~~~.westerly
along a curved line, concave to the l~TOrtheast,
having a radius of 360 feet (the tangent to said
curve at last mentioned point is last described
course), an a,rc distance of 229.52 feet to end of
curve; thence i~Torth 8° 13' 23f' "v~~est, tangent to
last described cusve, a distance of 313.34 feet to
a point; thence T~?ortherly and Northeasterly along
a curved Iine, concave to the ~;outheast; having a
radius of' 120 feet, (the tangent to said curv~ at
last mentioned point is last described course~, an
arc distance of 103.50 feet to end of curve; thence
~`3/~
-4-
~
s
I~torth 41° 11~ 45« East, tangent
curve, a distance of' 181.94 f eet
thence Ivortheasterly along a cur
the idorthwest, having a radius o
tangent to said curve at last me
last described course), an arc d
feet to end of curve; thence Nor
East, tangent to last described
of 429.34 feet to a point; thenc
along a curved 1ine, concave to
having a radius of' 360 feet (the
curve at last mentioned point is
~
to last described
to a point;
Jed line, concave to
: 300 f ee t( the
Ztioned point is
Lstance of 151.15
th 12° 19~ 45"
~urve, a distance
3 ti'ortheasterly
cne Southeast,
tangent to said
last described
course ), an arc distance of 157.73 feet to end of
curve; thence =vorth 3'7° 26' East tangent to last
described curve, a distance of 46'7.'7'7 feet to a
point; thence iv~rtheasterly along a curved line,
concave to the Northwest, having a radius of 120
feet (the tangent to said curve at last mentioned
~oint is last described course), an arc distance of
75.'78 f eet to end o~ curve; thence ~,zortn. 1° 15 ~
East, tangent to last described curve, a distance
of 68.'71 feet to a point; thence Northwesterly along
a curved line, concave to the Soutnwest, having a
radius of 40 feet, (the tangent to said curve at
last mentioned point is last described course),
an ~rc distance of 32.11 feet to end of curve; thence
I~iorth 44° 45' ';~~est, parallel with and distant
Northeasterly 12.5 feet, ~.t right angles, from the
South~~resterly line of Sixth Street, a distance of
3 feet, more or less, to a point in the Northv~resterly
line of aforesaid right of way, excepting therefrom
such portion of said 15 foot strip that Iies bet~veen
the Northe~sterly and Sout;hwesterly lines ofiviain
Street, and excepting also therefrom such portion.
of said 15 foot strip that lies between the Tiorth-
easterly and Southwesterl,y lines of ~'ourth Street,
containing 0.7'77 of an acrea ~nore or less, as sho~wn
tinted red on the blue print map of Los ~.ngeles
DravJing ~to. B-331 thereto attached and made a
part hereof,
as granted to the City of Santa iVionica, b~ agreement dated
June 27, 1927, recorded in Book 6738 r'a~e 396 Uff icial
Records, and modified by an agreement dated February 2'7,
1936, recorded in Book 14362 Page 230 Official Records.
~`3i6
-5-
S.C.B.T.U. Form 1-C-40M-7~ , , ' ~
J. ~. Form
Los Ar~eles , . $
EXCEPTIONS
THE COMPANY LZOCS ftOl~ by this Policy, insure against loss
by reason of:
[1.] Any facts which a correct survey and inspection of said land
would show; claims or title to water; water rights; mining claims;
rights or claims of parties ia possession of any part of said land, ease-
ments, liens, or encumbrances which are not shown by the official
records of (a) the County of Los Angeles; (b) the Federal Offices at
Los Angeles; (c) any City in which, or adjacent to which, said tand
is located.
[2.] Assessments, taxes, or obligations levied or
public or district improvement or purpose, unless, at
the amount of such assessment, tax, oc obligation, h
payable, and is shown as a lien by the o6icial records of (a) the County
of Los Angeles; or (b) any City in which said land is located.
[3.] Proceedings for public improvement, which, at the date heteof,
are shown by the official records of any such city or county, but have
not resulted in imposition of a lien upon, or establishment of an ease-
ment over, or adjudication of the right to a public use of, said land
or any pazt thereof.
created for any ~q,~
the date hereof, lating
as been fixed, is thereon.
CONDITIONS
[1.] The term "the Insured" includes all aamed as insured on the
first page of this Policy, and, as to each insured owner of an indebted-
ness secured by mortgage or deed of trust shown in Schedule B, each
successor in ownership of such indebtedness, and any owner thereof
who acquires said land, or any part thereof, by foreclosure, trustee's
sale, or other legal manner in satisfaction of said indebtedness, or any
part thereof, and, as to each other named Insured, if a person, any
person or corporation deriving an estate or interest in said land as heir
or devisee of such person, or if a corporation, any person or corpora-
tion deriving an estate or interest in said land by dissolution, merger,
or consolidation.
[2.] The Company at its own cost shall defend the Insured in all
actions or proceedings commenced against the Insured founded upon
a defect, lien, or encumbrance insured against by this Policy, and may
pursue such litigation to final determination in the court of last resort.
In case any such action or proceeding shall be begun, or in case knowl-
edge shall come to any Insured of any claim of title or iaterest adverse
to the tide as insured, or which might cause loss or damage for which
the Company shall or may be liable by virtue of this Policy, such In-
sured shall at once notify the Company thereof in writiag. If such
notice shall not be given to the Company at least five days before the
appearance day in any such acaon or proceeding, or if such Insured
shall not, in writing, promptly notify the Company of any defect, (ien,
or encumbrance insured against, or any such adverse claim which
shall come to the knowledge of such Insured, in respect to which loss
or damage is apprehended, then all liability of the Company as to each
Insured having such notice in regard to the subject of such action, pro-
ceeding, or claim shall cease and terminate, provided, however, that
failure to so notify shall in no case prejudice the claim of any Insured
unless the Company shall be actually prejudiced by such failure. 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 the
right to so prosecute or defend such action or proceeding, and all
appeals therein, and germit it to use, at its option, the name oE the
Insured for such purpose. The word "knowledge" in this paragraph
means actual knowledge, and dces not refer to constructive knowledge
or notice which may be imputed to the Insured by reason of any public
record or otherwise.
[3.] The Company reserves the oprion to pay, settle, or compromise
for, or in the name of, the Insured, any claim insured against or to pay
this Policy in full, and payment or tender of payment of the full
amount of this Policy, together with all costs which the Company is
obligated hereunder to pay, shall terminate all liability of the Company
hereunder.
[4.] Whenever the Company shall have settled a claim under this
Policy, it shall be subrogated to and be entided to all rights, securities,
and remedies which thc Insured would have had against any person
or property in respat to such claim, had this Policy not been issued,
and the Insured shall transfer, or cause to be transferred, to the Com-
pany such rights, securities, and remedies, and permit it to use the
name of the Insured for the recovery, retention, or defense thereof. If
the payment does not cover the loss of the Insured, the Company shall
Action by any governmental agency for the purpose of regu-
occupancy or use of said land or any building or structure
be subrogated to such rights, securities, aad remedies in the proporuon
which said payment bears to the amount of said loss.
[5.] The Company has the right and option, in case any loss is
claimed under this Policy by an insured owner of an indebtedness se-
cured by mortgage or deed of trust, to pay such Insured the entire
indebtedness of the mortgagor or trustor under said mortgage or deed
of vust, together with all costs which the Company is obligated here-
under to pay, in which case the Company shall become the owner of,
and such Insured shall at once assign and transfer to the Company
said mortgage or deed of trust and the indebtedness thereby secured
and such payment shall terminate all liability under this Policy to
sach Insured.
[6.] A statement in writing of any loss or damage for which it is
claimed the Company is liable under this Policy shall be furnished to
the Company within sixty days after such loss or damage shall have
been ascertained. No action or proceeding for the recovery of any such
loss or dama~e shall bc insrituted or maintained undl after fu11 com-
pliance by the Insured with all the conditions imposed on the Insured
by this Policy, nor unless commenced within twelve moaths after re-
ceipt by the Company of such written statement.
[7.~ The Company will pay, in addition to any loss insured against
by Lhis Policy, all costs imposed upon the Insured in liagation carried
on by the Company for the Insured, and in litigation carried on by ihe
Insured with the written authorization of the Company, but not other-
wise. The Company will not be liable for loss or damage by reason of
defects, claims, or encumbrances created subsequent to the date hereof
or resulting in no pecuniary loss to the Insured, or for defects, claims,
or encumbrances created or suffered by the Insuced c(aiming such loss
or damage, or existing at the date of this Policy and known to the
Insured claiminR such loss or damage either at the date of this Policy or
at the date such insured claimant acquired an estate or interest insured
by this Policy, and not disclosed to the Company in writing. The li-
ability of [he Company under this Policy shall in no case exceed in all
the actual loss of the Insured and costs which the Company is obli-
gated hereunder to pay and in no case shall such total liability exceed
the amount of this Policy and said costs. All payments under this
Policy shall reduce the amount of the insurance pro tanto, and pay-
ment of loss or damage to an insured owner of indebtedness shall
reduce ro that extent the liability of rhe Company to the iasured owner
of said land. No payment can bc demanded by any Insured without
producing this Policy for endorsement of such payment.
[8.] Loss under this Policy shall be payable, first, to any insured
owner of indebtedness secured by mortgage or deed of trust shown in
Schedule B, in the order of priority therein shown, and if such ownu-
ship vests in more than one, payment shall be made ratably as their
respective interests may appeaz, and thereafter, or if there be no such
insured owner of indebtedness, any loss shall be payable to the other
Insured, ratably as their respective interests may appear.
j9.] No provision or condition of this Policy can be waived or
changed except by writing endorsed hereon or attached hereto signed
by the President, a Vice-Presideat, the Secretarg, or an Assistant Sec-
retary of ihe Company.
-6-
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PT. OF `l'HE Rt11tiCT?0 J~.N VIGENTE Y SENTA A90NIC~i.
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~ .~ KERN~COUNTY
~ 1~15 CHESTER AVENUE
BAKERSFIELD
~ . RIVERSIDE COUNTY .
j9¢O MA[N STREET, RNERSIDE
SAN DIEGO COUNTY
1~~g SECOND STREET~ SAIY DIEGO
~ . SAN LUIS OBISPO COUNTY ~
7'~"f..HIGUERA STAEET~ 3AN LUiS OSISPO
SANTA BARHARA COUNTY
- 920 STATE STAEET
r SANTA BARAARA
TUL.4RE COUNTY
' 204 WEST MAIN SPREET~ VISALIA
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ITLEINSURANCE BUILDINC
TITLE INSURANCE
AND T~UST COMPANY
~ INCORPORATEDiBg3
433 SOUTH SPRING STREET, LOS ANGELES
U. S. A.
~tle~.~nsur~anceJ
and
~ru.st ~om any
~
KERN COUNTY
1~15 CHESTER AVENUE
BAKERSFIELD
RNERSIDE COUNTY
j940 MAIN STREET, RIVERSIDE
SAN~DIEGO COUNTY
I02S SECOND STREET~ SAN DIEGO~
SAN LUIS OBISPO COUNTY ~
'~~'J HIGUF.RA STREF_T~ SAN LUIS OBISPO
SANTA BARBARA COUNTY
920 STATE STREET
SANTA BARBARA
TULARE COUNTY
204 WtiST MAIN 57'REET~ VISAI[A
VENTURA~COUNTY
Q29 M.4ItJ STREET~ VEYTUAA