HomeMy WebLinkAboutD-818 Foothill Blvd. Widening Recorded 05/09/1969RECOR ..NG REQUESTED BY:
TITLE INSURANCE AND TRUST
After Recording Mail To:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California
`4PANY
.' TRANSFER TAX
Signed —Party Agent
D E E D
For valuable consideration WILLIAM A. NELSON,
Firm.
STANLEY H. NELSON and AUGUSTUS CASTRO, Executors of the
Will of ALBERT H. NELSON, deceased, hereinafter &;, ..
tively called "Grantor ", hereby grant to CITY OF SAN LUIS
OBISPO, hereinafter called "Grantee ", for street purposes,
all the right, title and interest of said decedent at the
time of his death, and all the right, title and interest
of said decedent that his estate may have subsequently
acquired by operation of law, or otherwise, in and to the
following described real property situated in the County
of San Luis Obispo, State of California:
That portion of the northwest quarter of the
northeast quarter of Section 27, Township 30
south, Range 12 east, Mount Diablo Meridian,
in the City of San Luis Obispo, County of San
Luis Obispo, State of California, according
to the official plat thereof, described as
follows:
MAIL TAX STATEMENTS TO:
same as above
Thence northerly along said easterly line to
the southerly line of the county road from
San Luis Obispo to Los Osos Valley (now known
as Foothill Boulevard) as recited in said deed;
Thence westerly along said county road to the
westerly line of the northwest quarter of the
northeast quarter of said Section 27;
Thence southerly along said westerly line to
the point of beginning.
00- 00.00 1
00 -24.75 2
100 -24.75 8
J� f s t VOL1516 FAA50'.
Beginning at the intersection of the westerly
(g i' r="
line of the northwest quarter of the northeast
9 515
quarter of said Section 27 with a line that is
6 CIAL RECORDS
parallel with and distant southerly 42.00 feet,
SAN LUIS OBISPO CO., CALIF.
measured at right angles, from the center line
COUNTY RECORDER
of Foothill Boulevard, as said center line is
shown on a map filed in Book 15, Page 42 of
MAY 9 - 1969
Record of surveys, in the Office of the County
Recorder of said county;
Thence easterly along said parallel line to the
W
easterly line of the land described in the deed
to William Clark, recorded July 28, 1898, in
.ARFw6
Book 42, Page 134 of deeds, in the office of
,._,_ •_._.._
the County Recorder of said county;
MAIL TAX STATEMENTS TO:
same as above
Thence northerly along said easterly line to
the southerly line of the county road from
San Luis Obispo to Los Osos Valley (now known
as Foothill Boulevard) as recited in said deed;
Thence westerly along said county road to the
westerly line of the northwest quarter of the
northeast quarter of said Section 27;
Thence southerly along said westerly line to
the point of beginning.
00- 00.00 1
00 -24.75 2
100 -24.75 8
J� f s t VOL1516 FAA50'.
This Deed is made pursuant to that certain
Order Authorizing Conveyance of Real Property for Street
Purposes, which Order was made and filed by the Superior
Court of the State of California, in and for the County
of San Luis Obispo, on April 7, 1969, in that certain
proceeding pending in said Court entitled "In the Matter
of the Estate of ALBERT H.NELSON, also known as ALBERT
NELSON and A. H. NELSON, deceased ", and numbered 12123
in the files of said Court.
Dated: April A—?*—, 1969.
-2-
i :.� .► Iv.1' /L/
Executors of the Will of
ALBERT H. NELSON, deceased
LVO11516 ?AcE651
• y
STATE OF CALIFORNIA )
CITY AND COUNTY OF SAN FRANCISCO)
On April 11, 1969, before me, a Notary Public
in and for the City and County of San Francisco, State
of California, personally appeared AUGUSTUS L. CASTRO,
one of the Executors of the Will of ALBERT H. NELSON,
deceased, known to me to be the person whose name is
subscribed to the within instrument and acknowledged
that he executed the same.
lesenneeuuvaereavunvaemaveuuvn eteeeeeaeaeenee ■
5 tom; JEANNE A. MEYER
;*I NOTARY PUBLIC - CALIFORNIA m
c =. p�•� Notary Pu is
�. I:O UPI f'l UI� nM 1-1:: \N CI::CO
' N:y commiaio^ e:.p:res reu. 18, 1973 m
j: aaeae.uuv to, a,7sae:cuu..:ac.»:: :c:essxyrs:veewuarc / /My commission expires:
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO)
On April /2 , 1969, before me, a Notary Public,
in and for the County of San Luis Obispo, State of California,
personally appeared STANLEY H. NELSON and WILLIAM A. NELSON,
two of the Executors of the Will of ALBERT H. NELSON, deceased,
known to me to be the persons whose names are subscribed to
the within instrument and acknowledged that they executed the
same.
a �
r.A L YrIum �hR � d Not Public
s s oBc ouim FORIOA My commission expires:
-3- LVOL1516 FAcE652
P
. .. .
CERTIFICATE OF ACCEPTANCE
sssssssssssssss
THIS IS TO CERTIFY that the interest in real property conveyed
by the Deed dated April 12, 1969 ,
XRXXXX from William A. Nelson, Stanley H. Nelson,
and Augustus Castro, Executors of the Will of
Albert H. Nelson, deceased
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 Nay 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 21, 1969
CITY OF SAN LUIS OBISPO
By
ATTEST: Mayor
Clerk c
ft'i"D OF LVA516 PACE653
I
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California 93401
Attention: Harold Johnson, City Attorney
Gentlemen:
February 18, 1969
Re: Foothill Boulevard Street Widening Acquisition
The undersigned hereby agree to sell to the City of San Luis Obispo,
hereinafter called "City, " real property located in the City of San Luis
Obispo described as follows:
That portion of the northwest quarter of the northeast quarter of
Section 27, Township 30 south, Range 12 east, Mount Diablo
Meridian, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, according to the official plat thereof,
described as follows:
Beginning at the intersection of the westerly line of the northwest
quarter of the northeast quarter of said Section 27 with a line
that is parallel with and distant southerly 42.00 feet, measured
at right angles, from the center line of Foothill Boulevard, as
said center line is shown on a map filed in Book 15, Page 42 of
Record of surveys, in the Office of the County Recorder of said
county;
Thence easterly along said parallel line to the easterly line of
the land described in the deed to William Clark, recorded July 28,
1898, in Book 42, Page 134 of deeds, in the office of the County
Recorder of said county;
Thence northerly along said easterly line to the southerly line of
the county road from San Luis Obispo to Los Osos Valley (now known
as Foothill Boulevard) as recited in said deed;
Thence westerly along said county road to the westerly line of the
northwest quarter of the northeast quarter of said Section 27;
Thence southerly along said westerly line to the point of beginning.
upon the following terms and conditions:
N ELSDN
// 1P
City of San Luis Obispo
February 18, 1969
Page 2
,z
A. PURCHASE PRICE: The purchase price is Twenty -two Thousand One Hundred
Fifty -eight Dollars and Fifty Cents ($22,158.50), which shall be due and payable
by City as follows:
1. Sidewalk, Curb and Gutter Improvements. On or before December 31, 1969,
City shall install sidewalk, curb and gutter across the Foothill Boulevard frontage
of said property in accordance with City standards, for which City will deduct
from the sum otherwise payable hereunder the sum of Four Thousand One Hundred
Eighty -two Dollars ($4,182.00). City agrees to provide all necessary engineering
and legal work in connection with the installation of said improvements which
installation will include constructing a drop inlet, extending the drainage pipe to the
back of the new sidewalk, paving out the street to the new gutter and relocating the
existing fence on the property five feet behind the new sidewalk. This obligation is
to be of no concern to the escrow agent and shall be handled outside of escrow.
2. Balance. The balance of Seventeen Thousand Nine Hundred Seventy -six Dollars
and Fifty Cents $17,976.50) shall be due and payable by City into escrow on the date
the grant deed to said real property is delivered to the escrow agent.
B. ESCROW: An escrow is to be opened in a title company in the City of San Luis
Obispo. The escrow instructions shall be in conformity with the terms of this
agreement. All escrow charges are to be shared equally by City and the undersigned;
provided, however, City shall bear the full premium for any title insurance and the
undersigned shall bear all expense connected with securing the necessary Court Order
to authorize the sale.
C. STATE OF TITLE: The title to said real property as delivered to City shall be
free and clear of any and all encumbrances, except the lien of property taxes not
delinquent.
D. POSSESSION: Possession of said real property shall not be delivered to you until
the escrow is closed in accordance with the terms of this agreement.
E. TIME Both City and the undersigned shall use their best efforts to close the escrow
within thirty (30) days from the date this agreement is signed by both parties.
Estate of Albert H. Nelson
By:. S , A f--� 11 C0 - 94416 ►
ACCEPTANCE
The above offer is hereby accepted and the terms and conditions set forth above are
agreed to this 3rd day of March , 1969.
City of San Luis Obispo
By:
Mayor
. %.I, - --
I
EXHIBIT
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ES 5 CA IZ 68)
OA �'S'i0ly�v /iS.G
Title Insurance and Trust Company
1141 Chorro Street - P.O. Box 810 - San Luis Obispo, California 93401
DATE 5 -9 -69 ORDER NO. 94867 ESCROW OFFICER Ponomaroff
ESCROW CLOSING STATEMENT 7'10 VV
F
City of San Luis Obispo
• 990 Palm Street Nelson et al
• San Luis Obispo, California
L J
I T E M S
DEBITS
CREDITS
SALE /PURCHASE PRICE
22, 158.50
DEPOSITS
18, 286.07
DEPOSIT RETAINED Paid outside of escrow
42182.00
EXISTING LOAN
NEW LOAN
59.35
40.00
PRO -RATA - TAXES
- INSURANCE
-INTEREST
- RENTS
149.25
TITLE INSURANCE POLICY FOR $
ESCROW FEE ' fee
51.50
RECONVEYANCE FEE
PREPARING DOCUMENTS
NOTARY FEE
REVENUE STAMPS ' fee
12.38
RECORDING: order confirming sale
9.20
TAX COLLECTOR
COMMISSION
INSURANCE
CHECK HEREWITH
67.89
BALANCE DUE
TOTALS
22 8.07
22.50 .07
SAVE FOR INCOME TAX PURPOSES
ES 5 CA 13 681
Title Insurance and Trust Company
1141 Morro Street - P.O. Box 810 - San leis Obispo, California 93401
DATE Vi
vV 5-9 -69 ORDER NO. 9Y4867 ESCROW OFFICER g�.�ii
W�1Y f f
ESCROW CLOSING STATEMENT i
F
City of Sao lade Obispo
• "0 palm street Nelson et al
San Isis Obispo, California
fern A
L I
I T E M S
DEBITS -
CREDITS
SALE /PURCHASE PRICE
22* 158, 50
DEPOSITS
18 9 286 * 07
DEPOSIT RETAINED Paid outside of escxx 7
4,182,00
EXISTING LOAN
NEW LOAN
mm 92711911
40.00
1pep9n pdd gad"
PRO -RATA -TAXES
59935
- INSURANCE
-INTEREST
- RENTS
149.25
TITLE INSURANCE POLICY FOR E
ESCROW FEE fee
51,50
RECONVEYANCE FEE
PREPARING DOCUMENTS
NOTARY FEE
REVENUE STAMPS fee
12,38
RECORDING: order OOAfirmin Sale
9,20
TAX COLLECTOR
COMMISSION
INSURANCE
CHECK HEREWITH
67,89
BALANCE DUE
TOTALS
SAVE FOR INCOME TAX PURPOSES
o
Title Insurance and Trust Company
1141 CHORRO STREET • P. O. BOX 810 • SAN LUIS OBISPO, CALIFORNIA 93401 • (803) 343 -2900
CHARLES F- DORSEY
ASSISTANT VICE PRESIDENT
AND MANAGER
May 9 , 1969 MAY iM89
Cn 1
City of San Luis Obispo N ;; Tr
990 Palm Street
San Luis Obispo, California 6' 4
Attention: Mr. Harold Johnson
City Attorney
Re: Escrow No. 94867 -PP
Gentlemen:
The above escrow was closed on May 9, 1969, in accordance
with instructions.
Enclosed please find the following:
1. escrow closing statement.
2. our check for $67.89, representing refund due you.
3. Title Insurance and Trust Company Policy No. 94867.
Your Grant Deed will be sent to you direct from the County
Recorder's office.
Thank you for this opportunity to be of service.
Very truly yours,
Phylli Ponomaroff
Escrow Officer
PTP:plf
Enc.
To 1012 FC p -eal
California Land Title Association
Standard Coverage Polity Form
Copyright 1963
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby 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:
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 C, 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 the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
\ \\ \ \ \>
all subject, howgXpt Mite provrs of Schedules A, B and C and to the Conditions and Stipulations
hereto annexe3�` Pr1� AND TR41 11,
J� •0 ME IS PROs s� t
j Zy e °tia98E8�. Title Insurance and Trust Company has caused its
I�itaie�.cj��ereof, p y
cc
2porate t a�d seal to be hereunto affixed by its duly authorized officers
LA
/ —.t .L . - ( tin;thedate %hgr Schedule A.
F— �T a� ✓1 ® z f
0 ti Title Insurance and Trust Company
: �.
by
\'NGELE`` r ,V{+ �^^' PRESIDENT
Attest Gl . O , / hf)Kuo- NW
t*w q ,G(_ SECRETARY
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SN0I.Ld'If1dI1S QNV SN011IQNOD
94867— CFF /MM
TO 1012 -1 AS C
Califomla t.a,d Title Ax lotion SCHEDULE A
Standard Coverage Policy -1963
Premium $ 1499 25
Effective
Amount $ 22j.1 5 8, 50 Date MAY 9.0 1969 AT 8:01 A.M, Policy No. 94867
INSURED
CITY OF SAN LUIS OBISPO
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF SAN LUIS OBISPO*
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is
a fee.
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
PART I
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.
M 1012.1 a CaM. C
Califs la Land Title Anodatlan
Standard Caveme Pellay -1969
94867 -CFF
SCHEDULE B— (Continued)
PART II
'1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR 1969 -1970, A LIEN NOT YET PAYABLE,
94867 -CFF
TO 1072 -1- 1056.1 C OC C
American Land- Title Asociation Loan Policy
Additional Coverage =1962
or
California Land Title Association
Standard Coverage - Policy-1963
SCHEDULE C
The ]and referred to in this policy is described as follows:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 270 TOWNSHIP 30 SOUTH.. RANGE 12 EAST, MOUNT DIABLO MERIDIANO
IN THE CITY OF SAN LUIS OBISPOO COUNTY OF SAN LUIS.OBISPOv STATE OF
CALIFORNIAO ACCORDING TO THE OFFICIAL PLAT THEREOFJV DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 27 WITH A LINE
THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 42.00 FEET, MEASURED
AT RIGHT ANGLESO FROM THE CENTER LINE OF FOOTHILL BOULEVARDO AS
SAID CENTER LINE IS SHOWN ON A MAP FILED IN BOOK 15,v PAGE 42 OF
RECORD OF SURVEYSO IN THE OFFICE OF THE.000NTY RECORDER OF SAID
COUNTY;
THENCE EASTERLY ALONG SAID PARALLEL LINE TO THE-EASTERLY LINE OF
THE LAND DESCRIBED IN THE DEED TO WILLIAM CLARKr RECORDED JULY 280
18980 IN BOOK 420 PAGE 134 OF DEEDSO IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY;
THENCE NORTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHERLY LINE OF
THE COUNTY ROAD FROM SAN LUIS OBISPO TO LOS 0505 VALLEY CNOW KNOWN
AS FOOTHILL BOULEVARD) AS RECITED IN SAID DEED:
THENCE WESTERLY ALONG SAID COUNTY ROAD TO THE WESTERLY LINE OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION @8:
THENCE SOUTHERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
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CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
the full amount of this policy, together
with 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 Com-
pany 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 purchase 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 he
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 liti-
gation 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 (I ) if
the Company, after having received notice
of an alleged defect, lien or encumbrance
not excepted or excluded herein 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 tide is rejected as
unmarketable because of a defect, lien or
encumbrance not excepted or excluded in
this policy, until there has been a final
determination by a court of competent juris-
diction sustaining such rejection.
(d) All payments under this polity, ex-
cept payments 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 Com-
pany; provided, however, if the owner of
an indebtedness secured by a mortgage
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 indebtedness secured by such mort-
gage. Payment in full by any person or
voluntar satisfaction or release by the In-
sured ofra mortgage covered by this policy
shall terminate all liability of the Company
to the insured owner of the indebtedness
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 polity the loss or damage shall be pay-
able within thirty days thereafter.
S. 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 priority of
any mortgage shown or referred to in
Schedule B hereof or any mortgage here-
after executed 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 pay-
ment 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 sub-
rogation shall vest in the Company un-
affected 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 prop-
erty 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 pay-
ment hears to the amount of said loss. If
loss should result from any act of the In-
sured, 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 ex-
ceed the amount, if any, lost to the Com-
pany by reason of the impairment of the
right of subrogation. The Insured, if .re-
quested 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 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 in-
debtedness 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 col-
lateral 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 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 Com-
pany and any statement in writing required
to be furnished the Company shall be ad-
dressed to it at the office which issued this
policy or to its Home Office, 433 South
Spring Street, Los Angeles 54, California.
12. THE PREMIUM SPECIFIED IN SCHEDULE
A IS THE ENTIRE CHARGE FOR TITLE SEARCH,
TITLE. EXAMINATION AND TITLE INSURANCE.
O
Title Insurance and Trust Company