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HomeMy WebLinkAboutD-719 Police Station Site Recorded 04/26/1967-� '7'769 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE td Grant Deed (Individual) Vi711432 PAC €P Irw I. R. S. S-_ ! " ... 2—f- --- idow,....: YaLLIAM_- -A. - -. NELSON. v ---- I,OH,ENCE --- Lx--- .N.ELSON I his..wife -.. -- STANLEY- .H... ... NEL3.0..and... ALIOE ... A- .. ...KIEL 0., ... 1 1i.,q ... w „fe.t ...... .- ............ . ..... ( - GRANTORS) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Do ---------------- Hereby Grant To ....... CITY OF -- -SAN -- LUIS- ,OBISPO,,. -.a.. municipal ...........:....... .. ...... corporation,-----------------------------------------------------------------------------------------------------------------------------..........-----------•------------ ......... ..n thereal property in the .......... ............................... ..... ... .......... -- ... -- ...... ......... .......----....------------------------------------------------- .County of--. Sa? n ... Li li. s ... 0bl-s po----------------------------------------------------------- State of California, described as follows: Lot 6 in Block 28 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Map filed for record May 1, 1878 In Book A, at Page 168 of Maps, in the Office of the County Recorder of said County. Excepting therefrom that portion thereof conveyed State of California,. by deed dated July 27, 1951 September 12, 1951 in Book 626, at Page, 134 of Of Records. Vv ;1. S - „,r.” , Dated ---- April --- 1,3 th ....._ ...............19- --6-7. .:5 . . t . .. a . n ...a ...... Hx:..1.:1- ..... -.. . Nelson n A ice 17. a so STATE OF CALIFORNIA COUNTY OF SS. _San LUi. a--- 9hiap. o ........ ................ . . . . .. on ..Apr -iL -1.. L before me, DOris ICkhOUt a Notary Public. in and for said County and State, person= ally appeared.._F1oTS_Ne18o13,... 11 ax- _A.- ... - - -. Nelson- _Florence-- _L., -_ Nelson ,----------- ---- ---- - --- - -- Stanel� H. Nelson and Alice D........ -. - --- - - ---- --- - - --- - - - Nelson known to me to be the persons..... whose name&...BXe ....... subscribed to the within instrument and acknowledged that — the _ _ executed the same. WITNESS my hand and official seal. (Seal) ..: !!.J... ----- .... ............................... Notary Public in and for said Countyt and State. D0115 MO S MI _C49* 1011 Upims Jana Z 1970 My Commission Expires .... — ......... ........................... ...........- to the and recorded ficial WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO City of San Luis Obispo _ _- ._... ._... - _..._.... ... . .... - - -• City Hall _San- Luis _Obil�o�. California _ .. .. _ _. y� — ORDER No ---------- ESCROW SPACE BELOW FOR RECORDER'S USE ONLY ;a ,-D io rn (e (G.S.) 4 -25 -56 (e pt> Mail Tax Statements to: City Clerk City of San Luis Obispo (Rev. 11318) Y s Y 71 q San Luis Obispo, California r/ DORIS M. EECKHOUT M,,�3'• NOTARY PUBLIC SAN LUIS OBISPO COUNTY CALIFORNIA (� (e (G.S.) 4 -25 -56 (e pt> Mail Tax Statements to: City Clerk City of San Luis Obispo (Rev. 11318) Y s Y 71 q San Luis Obispo, California r/ -�z��. � -� O '�. VOL 1432 PAA73 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Deed dated April 13, 1967 19 from Flora Nelson, a widow William A. Nelson and Florence L. Nelson, his wife, Stanely H. Nelson and Alice D. Nelson, his wife to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date; April 24, 1967 y7f '? ; . ;r CITY OF SAN LUIS OBISPO 11, 11 If opop "OF Document No ............. RECOMM AT REQUEST OF. AT IN. PAST... M. O /R. P.. ... .......... SAN L IS OBISPO CONII , CAL. APR 2 61967 Co u R rder By - -- ....... h+ F $ ...... .. ...... _Andexed or�D :n co rn ti c� III ESCROW INSTRUCTIONS Escrow No. do ID FI:SQ:IMIW Office SECURITY TITLE Date ASH 3A 19167 - - - - - INSURANCE COMPANY I L1= hand yon E~ W*00 enO Izeaae3 6zp=ted t7a UMe or t3*3waill with C0019Wi LMlayi °s OMMI CUt" old . .Q."'Lfilip at UV* t1W 0= ce V�MDsao, to c.avlGto a se vice CS #0001,10 which you are instructed to use when you are able to procure a standard form 0,- Policy. of Title.Insurance, issued by your'company = in its usual Iorm containing the, printed exceptions -usual in such policy, with liability not -less than-$ h`j1=4,09 on the following described property situate in the ;;`al.. LLIS MjW County of Gm Laos tb£V0 State of California Lot 6 im ffia:u 23 or tt* city or sm we aAsm a=ftucs to m* tjiw rw _ : "reewa Vft �6 ?j$ in Boa As at VW MV30 icy the amee tit: the 6Z=VtjM .Q=Vf M tbft VWtAtxi t of =,yep tC► too of MUftn23e S VW of offtel" ft=rft& showing title• vested 'in :a ,;' Subject to: 1. Taxes om for the fiscal year clndinglevies for any district such as- but not.limited thereto, drainage, irrigation, road improvement, acquisition and improvement, fire protection, etc. 2. Bond—assessmentp with no delinquent payments, and with unpaid balance of principal not to exceed $ 3. Covenants, conditions, restrictions, reservations; easements, and rights of way of record (if any), l and t� to ar rXim cWtOMIS state M&MY M* =0 It i rE aB betwaM 0ea W end WUW hMIM tthM V0M=Wm wIU bo .✓ .: - .. f_...t' '. Ue r_.. 1 ;t5' _ !l .. "7' ,'C ..3+ - `C i, i 1;...:i- _ ___ ° _ '!'f: i -°: �!_:. °V7 5: ',0 "(M 4.t •r_i( "!.' - is S ,V1.:, !(J.r .. .,1 �l`l: If: 11 1!. •S v r:, 1 J .• :�tii -,, :.�, F ;• -..: ;: ��: 'It .. •11:117: 7r 7 e:;`�•„ - - t;01 N Uj , c . t •.� , ^:I:: - .1 .1.',7: 1' -.. .1 ,., _.. ...a . 1. .1♦ E40 -L (T) (G.S.) - and, when you can deliver to (me) —(lender) mc=_ shares of water stock of Company, duly transferred to me (lender, as my pledgee) with assessments and bills paid to . You will not concern yourself with domestic water bills or other public utility matters. After escrow is closed you will ("Close of Escrow" shall mean the day papers are filed for record). 1: Prorate CLX"Z'-= Taxes including all items appearing on tax bill, except personal property not conveyed, to Zl=e Or eg `=Mj, if #&Wssed adpfiratalj' , based on the latest tax statement, unless parties hereto furnish you with information regarding amount of current taxes. 2: Deliver to (me) —(lender) fire and other insurance for $ rAW as handed you, with proper mortgagee clauses attached. Prorate to 3: Prorate interest on loan based on statement of holder of note or their Agent to Imm Unpaid balance to be $ 4: Prorate advance rents to ECRW, as per statement handed you. All dissbburs e s are omwe tyo _be„�m� y check of SECURITY TITLE INSURANCE COMPANY. You have days wit to which to comply with these instructions and additional time as may be required provided written demand to cancel by any party who then shall have fully complied with these instructions is not handed you after the initial period of days given to comply. Your knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not create any liability or duty in addition to your responsibility under these instructions. No notice, demand or change of instructions, except a demand for cancellation made in accordance with the foregoing paragraph, shall be of any effect in this escrow unless given in writing by all parties affected thereby. If these instructions refer to a sale, the seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. I agree to pay R .iAR23EKO ►. 7 Buyers Addresses Phone Numbers The above instructions are approved. I will hand you papers required to vest title as above, excepting such papers, if any, as are to be executed by other parties to this escrow. You are instructed to use the money and record in- struments to comply with said instructions. At close of escrow disburse funds for my account as follows: 1. Reimburse_ yourself for advances chargeable to me and deduct your charges as hereafter specified. 2. Pay fl= a commission in the amount of $ Broker's License No. . Mail check to him at 3. Pay demand of Whose address is 4. Pay balance to f$SjaCVp '�;JU44M A. SelgatILO Md SUU3W as W&M and mail check to (address) 1P♦Q. Sm ='ri$ ftz Z&jS fgqppy 00jjftV5j& I agree to Pay re v= Istamsf wum of tit" :1muremaj, j Y'$QiTw ftif Attach Internal Revenue Stamps to deed in the amount of $ WeW Sellers Addresses Phone Numbers �/ SECURITY TITLE INSURANCE COMPANY, B_ ECYRMY San Luis Obispo OFFICE T'T`E DATE Apr. 4, 1967 City of San Luis Obispo % Mr. Fitzpatrick, City C3wk ESCROW 79345 de City Hall - Palm Street San Luis Cbispo, California L PROM Y In accordance with instructions' in the above escrow; we enclose the following: 1.. Copy of escrow instructions for your file. 2. Original instructions to be signed and returned. Please forward the certificate of acceptance to be attached to the deed. Ver truly yours, Doris M. Eeckhout Escrow Officer de 111j P -218 (G.S.) Rev. 1 -63 - 1 SECURITY TITLE INSURANCE COMPANY - a California corporation, herein called the Company, Insures the parties named as insured in Schedule A, the heirs, devisees, personal representatives of such insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as, provided in the Conditions and Stipulations hereof, which the insured shall sustain by reason of the matters numbered 1 to 4 in Part Three of Schedule B of this policy. CLTA -1963 SCHEDULE A STANDARD COVERAGE Insured: CITY OF SAN LUIS OBISPO, a municipal corporation. Policy No: 79345 -SLO Consideration paid for this policy: 8 225.00 A -1 Effective date: April 2 , 1967 at :30 A. M. Amount of liability: 8 42;000.00 The estate or interest in the land described or referred to in this schedule covered by this policy is: a fee Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF SAN LUIS OBISPO., a municipal corporation. The land referred to in this policy is situated in the State of California, County of San Luis Obispo and is described as follows: Lot 6 in Block 28 of the City of San Luis Obispo, in the .City of San Luis Obispo; according to Map filed for record May 1, 1878 in Book A, at Page 168 of Maps in the Office of the County Recorder of said'County. Excepting therefrom that portion,thereof conveyed to. the State of Cali- fornia, by deed dated July 27, 1951 and recorded September 12,.1951 in Book 626, at Page 134 of Official Records. P -218 -B (G.S.) (Rev. 1 -63) SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in Parts One and Two of Schedule B. PART ONE: 1. General and special taxes for the fiscal year 1967 -68, now a lien, but not yet due and payable. 2. The fact that the ownership of said Land does not include any rights of ingress and egress to or from California State Highway No.101, said rights having been relinquished by deed from Albert H. Nelson,-et ux., to the State of California,.recorded September 12j, 1951 in Book 626, at Page 134 of Official Records.' P- 218 -BB (G.S.) (Rev. 1 -63) SCHEDULE B (Continued) PART TWO: 1. Taxes or .assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. 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. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. PART THREE: Matters numbered 1 to 4 referred to on the first page of this Policy: 1. Any.defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3., Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this'.policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in Schedule B or in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto annexed.. In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as of the date set forth in Schedule A, the effective date of this policy. S $ 0���,pBPORATfao �.MARCR, 0 � ill /An Authorized Signature President P- 218 -ST (G.S.) (Rev. 1 -63) 1. Definition of Terms The following terms when used in this policy mean: (a) "land ": the land described, specifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which im- part constructive notice of matters relating to said land; (c) "knowledge ": actual knowledge, not con- structive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date ": the effective date; (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instruments; and (f) "insured ": the party or parties named as Insured, and if the owner of the indebtedness se- cured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty nsuring or guaranteein said indebtedness, or any part thereof, whether named as an Insured herein or not, subject otherwise to the provisions hereof. 2. Benefits after Acquisition of Title If an, insured owner of the indebtedness secured by a mortgage described in Schedule B acquires said estate or interest, or any part thereof, by fore- closure, trustee's sale, or other legal manner in sat- isfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipulations hereof. 0. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regu- lation (including but not limited to building and zoning ordinances) restricting or regulating or pro- hibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or emi- nent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property be and the lines of the land expressly described in Schedule A. or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other strue- ture or improvement; or any rights or easements therein unless this policy specifically provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy in- sures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or. damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless dia- closure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; or (3) resulting in no lose to the Insured Claimant; or (4) attaching or created sub- sequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encum- brancer for value without knowledge. 4. Defense and Prosecution of Actions - Notice of Claim to be Given by the Insured undue The at its own cost and without u ay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings commenced against the Insured, or de- fenses, restraining orders, or in ) unctions interposed against a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mort- gage as insured, which litigation or action in anY of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may c purse tan resorg�on to final determination in the CONDMONS AND STIPULATIONS (b) In case any such action or proceeding shall be begun, or defense interposed, or in case knowl- edge shall come to the Insured of any claims of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a fore- closure sale under a mortgage covered by this policy refuses to purchase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company of any such rejection by reason of claimed unmarketability of title, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and ter- minate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or pro- ceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mortgage as insured; and the Company may take any appro- priate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or pro- vide defense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. When- ever requested by the Company the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, se- curing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse the Insured for any ex- pense so incurred. 5. Notice of Loss - Limitation of Action In addition to the notices required under para- graph 4(b), 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 dam- age shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within live years after ex- piration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. S. option to Pay. Settle or Compromise Claims The Company shall have the option to pay or settle or compromise for or in the name of the In- sured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of Zof the full amount of this policy, together vnt all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said indebtedness, the owner of such in- debtedness shall transfer and assign said indebted- ness and the mortgage securing the same to the Company upon payment of the purchase price. 7. Payment of Loss (a) The liability of the Company under this pol- icy shall in no case exceed, in all, the actual loss I f the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attor- neys fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded here- in removes such defect, lien or encumbrance within a • reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is re- jected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this Euntil there has been a final determination by a court of competent jurisdiction sustaining such rejection. (d) All payments under this policy, except pay- ments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without.producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mort- gage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such pay- ments reduce the amount of the indebtedness se- cured by such mortgage. Payment in full by any Person or voluntary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mort- gage, except as provided in paragraph 2 hereof, (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 8. Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or pri- ority of any mortgage shown or referred to in Schedule B .hereof or any mortgage hereafter ex- ecuted by the Insured which is a charge or lien on the estate" or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the In- sured, and it shall be subrogated to and be en- titled to all rights and remedies. which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured. against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall per- mit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms . of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebtedness, provided such act does not result in any loss of priority of the lien of the mortgage. 10. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Com- pany arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. 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 President, the Secretary, an Assistant Secretary or other validating officer of the Company. 11. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furn- isheb the Company shall be addressed to it at the office which issued this policy. 12. THE FEE SPECIFIED ON THE FACE OF THIS POLICY IS THE TOTAL FEE FOR TITLE. SEARCH AND EXAMINATION AND FOR TITLE - INSURANCE. OS -391 �o a° w MORitO - - ' D A r c -4 ° - r r! + e 63 ° OSOS ° G a_ o y o N O o ro O o T SO ZD c N N 1 T N M0 N A P H N 0 m �R z� e fl P r N -1 SANTA ROSA V N O WO so N D 1 _ Z s p C O i p n p n 2 N � ,:,w•° y 02 2 Z'v C T 's 0 H - 0,90 O C 0 sr N Z y O Om N v c N _ O V Z O r� ST. losd O r a - °i,s'rn 3 0�1°r r � O p Ow 'O S ST. ° 7 o 0 N O W ST. S ,00 p O O O 00 ^ �yo N O N O tpCJ N i O� O O m l� LEMON ST. i. •° N .I /\ /- 20 This plat is for your aid in locating your land with reterence to streets and other parcels. It is not a survey. While this plat is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon." B�CYiiTY TRL! SECURITY TITLE INSURANCE COMPANY 0 yc M A OD r! + e O m l� LEMON ST. i. •° N .I /\ /- 20 This plat is for your aid in locating your land with reterence to streets and other parcels. It is not a survey. While this plat is believed to be correct, the Company assumes no liability for any loss occurring by reason of reliance thereon." B�CYiiTY TRL! SECURITY TITLE INSURANCE COMPANY FRESNO COUNTY Fresno Phone: 266 -9721 (209) Mariposa Street Office 1927 Mariposa Mall Fresno Title Office 1234 L Street IMPERIAL COUNTY El Centro 654 Main Street Phone: 352 -2011 (714) BORN COUNTY Bakersfield 1424 17th Street Phone: 327 -5785 (805) EINGS COUNTY Hanford 208 West 7th Street Phone: 584 -3381 (209) LOS ANGELES COUNTY Los Angeles 3444 Wilshire Boulevard Phone: 381 -3111 (213) MADERA COUNTY Madera 129 South D Street Phone: 673 -3553 (209) MERCED COUNTY Merced 1944 M Street Phone: 722 -3911 (209) rJ� %GC sTi9n�^�•v s�.r =- � /GCS >cJ.c/� NAPA COUNTY Napa 1370 Second Street Phone: 226 -3727 (707) ORANGE COUNTY Santa Ana 825 North Broadway Phone: 547 -7251 (714) RIVERSIDE COUNTY Riverside 3602 University Avenue Phone: 684 -1400 (714) SACRAMENTO COUNTY Sacramento 2028 K Street Phone: 441 -5341 (916) SAN BERNARDINO COUNTY San Bernardino 480 Court Street Phone: 889 -3531 (714) SAN DIEGO COUNTY San Diego 1301 Third Avenue at "A" Phone: 232 -4031 (714) SAN JOAQUIN COUNTY Stockton San Joaquin County Abstract Office 217 North San Joaquin Street Phone: 466 -5821 (209) SAN LUIS OBISPO COUNTY San Luis Obispo 1119 Chorro Street Phone: 543 -8211 (805) SAN MATEO COUNTY Redwood City 749 Brewster Avenue Phone: 369 -6771 (415) SANTA BARBARA COUNTY Santa Barbara 1014 State Street Phone: 966 -6131 (805) SOLANO COUNTY Vallejo 840 Tuolumne Street Phone: 643 -4521 (707) STANISLAUS COUNTY Modesto 920 12th Street Phone: 5234521 (209) TULARE COUNTY Visalia 119 South Locust Street Phone: 7324761 (209) VENTURA COUNTY Ventura 2660 E. Main Street Phone: 648 -2864 (805) Security Title Insurance Company policies are also written in the counties listed below and in the State of Hawaii. ALAMEDA COUN'T'Y MARIN COUNTY SANTA CLARA COUNTY Oakland San Rafael San Jose Northwestern Title Company Pacific Coast Title Company of Morin Valley Title Company 1615 Webster Street 900 Mission Avenue 38 North First Street Phone: 834 - 7665.(415) Phone: 454 -6070 (415) Phone: 292 -7150 (408) AMADOR COUNTY MARIPOSA COUNTY SANTA CRUZ COUNTY Jackson Mariposa Santa Cruz Western Land Title Company Mariposa County Title Co. Penniman Title Co., Inc. 34 Summit Street Box 218 1537 Pacific Avenue Phone: 223 -0482 (209) Phone: 966 -3818 (209) Phone: 426 -1711 (408) BUTTE COUNTY Oroville Northwestern Title Company of Butte County 2622 Oro Dam Boulevard Phone: 533 -1666 (916) CALAVERAS COUNTY San Andreas Golden Chain Title Company P. O. Box 1086 Phone: 754 -3851 (209) CONTRA COSTA COUNTY Walnut Creek Financial Title Company 1555 felt. Diablo Blvd. Phone: 932 -1555 (415) HUMBOLDT COUNTY Eureka Humboldt Land Title Company 6th & "I" Streets Phone: 443 -0837 (707) MONTEREY COUNTY Monterey Coast Counties Land Title Company 439 Tyler Street Phone: 375 -2262 (408) PLACER COUNTY Roseville Fidelity Title Company 424 Vernon Street Phone: 782 -3731 (916) SHASTA COUNTY Redding Redding Title Company 1661 Pine Street Phone: 241 -6363 (916) SONOMA COUNTY Santa Rosa Northwestern Title Security Company 535 Fourth Street Phone: 542 -5185 (707) SAN FRANCISCO COUNTY San Francisco LAMA COUNTY Northwestern Title Company Red Bluff Northern California Title Company of San Francisco 3557 Geary Boulevard 349 Pine Street Phone: 752 -4770 (415) Phone: 527 -5421 (916) SANTA BARBARA COUNTY STATE OF HAWAII Santa Barbara Honolulu Santa Barbara Title Company Security Title Corporation 21 West Carillo St. 125 Merchant Street Phone: 966 -3975 (805) Phone: 562 -326 (808) SECURITY TITLE POLICIES AND SERVICES ARE AVAILABLE IN THE COUNTIES SHOWN ABOVE 0 a 1Z� ULI N a U( D a C "I Z :E m r 0 r A m 0 �mm 0 y 0 - r 0 m r �11I J m m � o < D 2 71 D � 0 iD iD C r m�Q V C 1�j rJ Zn I jM\ L l J Z N n a o m 3 0 Q y - o N o S CD c' m CA 'O - m !• CD O cli D to a � CD F•� _n m W w c n f O v s T O n G Q- - ca pr CD Z D a CD o im 3L8 '.0 0 T 4094 - 1496 2.85 3L858.75 T 31 ,800.00 58.75 3 L 8 5 8.7 5 T ESCROW STATEMENT Escrow No 021 SELLER • BORROWER Property dddmis Prtn of Lot 5. Block 28. City of. San BUYER • LENDER. CITY SAN LOIS OBIS SAN Debits Credils ITEMS Debits Credits PAID OUTSIDE OF ESCROW TO DEPOSIT _ - - DEPOSIT DEPOSIT DEMAND FOR DEED 31.800.00 - DEMAND FOR TRUST DEED NOTE - BALANCE ADJUSTMENTS as of 9/19/66 TARES on$ 34,52 for 6 Months 7/1/66- 9/19166 1.4.96' city 6.57 6 711166-9/19/66 2. 5 INT. on $ at Paid To Ins, on $ Pmm. $ 3 ym. elR RENTS DISBURSEMENTS _ PRINCIPAL OF NOTE - DEMAND FOR RECONVEYANCE OF TD PLUS INT. on $ at % BENEFICIARIES CHARGE FOR COMMISSION TO TER. REPORT -WORK PAYMENT TO TITLE COMPANY and others. TITLE POLICY - RECONVEYANCE FEE - REVENUESTAMPS(ON DEED) - TAX SERVICE - RECORDING INSURANCE ENDORSEMENT FEES HANDLING of. BENEFICIARY'S PAPERS ESCROW FEE _ 58 75 DRAWING DOCUMENTS - NOTARY FEE DUE THIS COMPANY - " BLANCE -CHECK HEREWITH _ BALANCE -CHECK HEREWITH TOTALS pan _ SepTd tuber 19s 1966 7_2_e n-rt cL �a zA-Z v B yNOL'ma Walker Escrow J'. WILLIAM SIBEL PRESIDENT J. F. MGCLELLAND EXECUTIVE VICE PRESIDENT i CUESTA TITLE 1 GUARANTY CO. 795 HIGUERA STREET BOX 1268 • SAN LUIS; OBISPO, CALIF. 93401 PHONE 544.1860 September 19, 1966 City of San Luis Obispo 990 Palm Street. San Luis Obispo, California Attention: Bernard S. Grossman, Acting City Attorney Re: Escrow No. 021 Gentlemen: In connection with the above numbered escrow, we enclose here- with the following: 1. Escrow Statement 2. .Original and copy of Policy of Title Insurance No. 05 10 03 00066 We appreciate the opportunity of handling this transaction for you. If we can be of further service to you, please do not hesitate to call us. Very truly yours, Norma Walker Escrow Officer nw encls: 3 1 � I aoia -o5 -10 POLICY OF TITLE INSURANCE ° CHICAGO TITLE INSURANCE COMPANY A STOCK COMPANY 0510 03 00066 BY this Policy of Title Insurance, CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, does Hereby Insure those persons or parties named as IN- SURED in Schedule A hereof, hereinafter called the Insured, the heirs, devisees, personal represen- tatives of said Insured, or if a corporation, any person or corporation deriving an interest or estate in said land by dissolution, merger or consolidation together with any other person or corporation in- eluded in the term Insured as defined in this Policy against loss or damage not exceeding the amount stated in Schedule A hereof together with costs, attorneys' fees and expenses which the Company ° may become obligated to pay as provided in the Conditions and Stipulations hereof, which the In- sured shall sustain by reason of: c any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or exclued from coverage in Schedule B or in the Conditions and Stipulations; e or unmarketability of such title; or ° any defect in the execution of any mortgage or deed of trust, shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in this Policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon the estate or interest ° covered hereby; or priority, at the date hereof, over any such mortgage or deed of trust, of any encumbrance upon such estate or interest, except as shown in Schedule B, such mortgage or deed of trust being there shown in the order of its priority; all subject, however, to the Conditions and Stipulations annexed hereto, which Conditions and Stip- ulations, together with Schedules A and B are hereby made a part of this policy; all as of the time ° and date shown in Schedule A, being the effective date of this policy. In Witness Whereof, said Company has caused this policy to be signed, sealed and made effec- tive by the countersignature of its duly authorized validating signatory, whose identity is sub- joined hereto. ° CHICAGO TITLE INSURANCE COMPANY CUESTA TITLE GUARANTY COMPANY `JC o CORPMITf''.o ° 795 Higuera Street President 'IW�wYV�f.l• San Luis Obispo, California 93401 ATTEST: ` Secretary 2 Fla V dating Signa - aoia -o5 -10 Amount. $ 319800.00 Fee $ 181.00 SCHEDULE A Policy Date September 19, 1%6 2 :56 P.M. INSURED Policy No.'' 05 10. 03 00066 Order No. 1086 CITY OF SAN LUIS OBISPO, a Municipal corporation. 1. The estate or interest in the land described or referred to in this schedule covered by this-policy-is: A FEE 2. Titie to the Estate or interest covered by this policy at the date hereof -is vested in: City of San Luis Obispo, a Municipal corporation. 3. The, land referred to in this policy is situated in the County of San Luis Obispo State of California, and is described as follows: Lot 5 in Block 28 of the City of San Luis_ Obispo, according to a map thereof recorded May 19 1878 in Book A, at page 168 of Maps. Excepting therefrom.the Southwesterly 5 feet, as measured along the Northerly line of Walnut Street. Form 8235 -05 -1964 Policy No. 05 10 03 00066 SCHEDULE B This policy does, not insure against loss or damage by reason of Part One and Part Two following: PART- ONE: This 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. Taxes or. assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. 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: 3: Easements; claims of easement or encumbrances which are not shown -by the public records. 4.- Discrepancies, conflicts in boundary, lines, shortage in area, encroachments or any other facts which a' correct survey would_ disclose.` 5. Unpatented mining claims;' reservations . or exceptions in patents or in Acts authorizing the issuance thereof; - -- - - -water: rights; .� claims or title .to water. Paxr 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 1 %6- 1967, a lien not yet payable. Form 3236 -1964 Chicago Title Incur rtm Company O O � � W v A 'Ww N V. J 4 M o ( J,Je f 0 i0J ` 40• n 0 o O N D Ora +'uoJ i.O c TO e O n -ci _Z V ST. l . Om N 60 0 'c F 0 o a MORRO- - -- e D V e r Z — —100 m OIz o N W N- : + � O ' -_ r o O� g O \ eJ C e OSOS cn ST. a a_O p Ts 75 I � ego - -- 150 V D o A u s. 0 P — Z O D N N ° O z Ca° n c J N ti rn �nCA Na o CA e.. C CA N T N _ O A O N Jo H H 2 Om P 1 O.Tf f Q n Z � s w SANTA ROSA A r rn 0 N y O O � � W v A 'Ww N V. J 4 M o ( J,Je f 0 i0J ` 40• n 0 o O N D Ora +'uoJ i.O c TO e O n -ci _Z V ST. l . !9 W D O �I 0 loae ~O o 1 w 0 150 u O° ST. E o� li _e x A s 0 rn O LEMON ST _ N ry R \ q W e W N e N A b m o \ b. e'i 2 � O 1 1 Toz. " r 43 ` O IOyb \ 10e.2 t 45 !y 199 ST. Ts 75 I � glob O I � O I TQ TB �nCA Na o CA e.. !9 W D O �I 0 loae ~O o 1 w 0 150 u O° ST. E o� li _e x A s 0 rn O LEMON ST _ N 1. DEFINITIONIOFYEIIMS' The following terms when used in this policy mean: (a) "land": the land described, specifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which im- part constructive notice of matters relating to said land; (c) "knowledge ": actual knowledge, not con- structive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date ": the effective date; (e) "mortgage ": mortgage. deed of trust, trust deed, or other security instrument; and (£) "insured ": the party or parties named as Insured, and if the owner of the indebtedness secured by a mortgage shown in Schedule B is named as Insured in Schedule A. the Insured shall include (1) each successor in interest in ownership of such indebtedness. (2) any such owner who acquires the estate or interest re- ferred to in this policy by foreclosure . trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insur- ing or guaranteeing said indebtedness. or any part thereof, whether named as an insured here- in or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Schedule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest. or any part thereof, as a consequence of an insurance con- tract or guaranty insuring or guaranteeing the indebtedness secured by a mortgage covered by this policy. or any part thereof, this policy shall continue in force in favor of such Insured. agency or instrumentality, subject to all of the conditions and stipulations hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or dam- age by reason of the following: (a) Any law, ordinance or governmental regu- lation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimen- sions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule A. or title to streets, roads, avenues, lanes, way or waterways on which such land abuts. or the right to maintain therein vaults. tunnels, ramps or any other structure or improvement; or any rights or easements therein unless this policy specifically provides that such property, rights. or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise ex- cepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered. assumed or agreed to by the Insured claiming loss or damage: or (2) known to the Insured Claimant 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 shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy; or (3) re- sulting in no loss to the Insured Claimant: or (4) attaching or created subsequent to the date hereof. (c) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value without knowledge. 4. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay, shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings commenced against the Insured, or defenses, restraining orders, or in- junctions interposed against a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mortgage as in- sured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy. CONDITIONS AND STIPULATIONS And may pursue any litigation to final deter- mination in the court of last resort. (b) In case any such action or proceeding shall be begun, or defense interposed, or in case knowledge shall come to the Insured of any claim of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured. or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the In- sured shall in good faith contract to sell the indebtedness secured by a mortgage covered by this policy, or. if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by this policy refuses to purchase and in any such event the title to said estate or interest is rejected as unmarket- able, the Insured shall notify the Company thereof in writing. - If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company of any such rejection by reason of of the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actu- ally prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to estab- lish the title of the estate or interest or the lien of the mortgage as insured; and the Com- pany may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding. the Insured shall secure to it the right to so prose- cute or provide defense in such action or pro- ceeding. and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Company all reasonable aid in any such action or pro- ceeding, in effecting settlement, securing evi- dence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse the Insured for any expense so Incurred. S. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required under para- graph 4(b), 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 determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty -day period. Failure to furnish such statement of loss or damage. or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness: such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obli- gated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured. the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the pur- chase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs im- posed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (1) if the Com- pany, after having received notice of an alleged /�cct, lien or encumbrance, not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after re- ceipt of such notice, or (2) for liability volun- tarily assumed by the Insured in settling any claim or suit without consent of the Company, or (3) in the event the title is rejected as un- marketable because of a defect. lien or encum- brance not excepted or excluded in this policy. until there has been a final determination by a court of competent jurisdiction sustaining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and ex- penses, shall reduce the amount of the insur- ance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mort- gage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the in- debtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebted- ness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Com- pany may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or. any mort- gage thereafter executed by the Insured which is a charge or lien on the estate. or interest de- scribed or referred to in 'Schedule A. and the amount so paid shall be deemed a payment to the Insured under the policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an • indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to' said estate or interest in satisfaction of said indebtedness or any part thereof. . 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy. all right. of subrogation shall vest in the Company unaffected by any act of the Insured, and it.shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If'the' payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured. such act shall not void this policy, but the Company, in that event. shall be required to pay only that part of an losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order /to perfect such right of subrogation, and shall permit the Com- pany to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy. such Insured may release or substitute the per- sonal liability of any debtor or grantor. or ex- tend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebtedness. pro- vided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY. ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the Presi- dent, a Vice President, the Secretary. an Assist- ant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at Ill W. Washington Street, Chicago. Illinois 60602 or at any branch office of the Company shown on the reverse side hereof. 12. FEE The fee specified in Schedule A is the entire charge- for title search, title examination and title insurance. TF t A H C y a ` 0 � ��gfl I • O� ry c:1 - 0 o s O c � I--I o a S 3 o o °A to y ►--� 3 114vy y SSA ® o3 n �