HomeMy WebLinkAboutDeeds & Easements_B-2 ` BBBK 48 .4 PAGE 314
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PLACE I-'. .:; I SUE y , ,. . IS St.
I iIY
Y 1
.J
�.:.Y:....,..,._....-. T DEED
-%-mi��►t Afflx I. R. S $-- 35:30---- -
THIS FORM FURNISHED BY PIONEER TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
E10ISE'HTLLI1kRD. a widow
Q�
hereby GRANT(S) to-- ---CITY-OF__REDLANDS. a Mur ' al _CorpQX?:ta.s�n- ----------- ---- ---- -
- --- -- ---- ---- ----------- ---- -
the following described real property in the state of California, county of San Bernardino
Lot 1 in Block "B" of SMILEY ADDITION, in the City
of Redlands,County of San Bernardino, as per plat
recorded in Book 13 of maps, page 31, records of
said County.
SUBJECT TO:
All of the General and Special Taxes for the fiscal
year 1959-60, now a lien but not yet due or payable.
Covenants, conditions, restrictions, resery^tions,
rights, rights of way and easements of record.
Dated• April 14, 1959
--- G�
Order No Escrow No. 6322-1,09,68-
STATE
32-1,09.68-
STATE OF O.a,1iXo=1a..._.. ___ __ WHEN RECORDED MAIL TO ....... _ ..........
ss Cit, of Redlands,
COUNTY OF aan.$Zrsardl ao. e/-o- Fred kl, Wrrrcr*arz, 0±t7-�a=a7e�r•,
`itv Nall. l�edland_s. California_
On__ Ar 5th-1. 5.9
SPACE BELOW FOR RECORDERS USE ONLY
before me, the undersigned, a Notary Public in and for
said County and State, personally appeared PHOTOSTATED
Eloise Hilliard'
- _.. . .. .....---- ---------••.---•-•---••------ INDEXhi,
- ------• - - - -- • -- - - - .. ... --•- RECORDED AT
il�YST OF
PIONEER TITLE INSHANCE CO.
---•• - ----------- -- - -- ---- - ..
known to ane to be the person_ whose name-. ._is_ _ MAY ]-I 1959 al$ A.M.
subscribed to the within instrument and acknowledged that �� �14 ��
4 � `
SrtB_
_--executed__executed the same OJE<'FI�i� SE 4
WITNESS my h d and official seal Sia Be �
SEAL
TEDIL CABp ppm*
Notary Public in and for said County and State. r
3 DEPUTY U
M-584 5-57
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by deed dated April 14, 1959 from Eloise Hilliard to the City of
Redlands, a political corporation and/or governmental agency is here—
by accepted by order of the City Council. on April 7, 1959 and the
grantee consents to recordation thereof by its duly authorized. officer.
Bated: April 15, 1959
Vre . Wo an
ity Manager
SEAL
BILL OF SALE
Know All Men By These Presents That ELOISE HILLIARD�
for and in consideration of the sum of
___ len and not1Q0 - - - - - - - - - - - - - - - - - - - - - - - - - - _ Dollars
lawful money of the United States of America,to her in hand paid, the receipt whereof is
hereby acknowledged, do e$.. by these presents grant,bargain,sell and convey unto
�I.TY 4F RMLAND51, a Municipal qorporation
the personal property described as
Furniture and furnishings belonging to the seller, located in the
dwelling on the following described property:
Lot 1 in Block "B" of SMILEY AIDITION, in the City of nedlands.,
County of San Bernardino, as per plat recorded in Book 13 of
Haps, page 31, records of said County.
And the Seller does for her. heirs, executors and administrators
covenant and agree to warrant and defend the title to the property, goods and chattels hereby conveyed, against the just
and lawful claims and demands of all persons whomsoever
Witness-her ._ _ . . hand. this. _ 15th y of Apml. . _ p ti, 19 .5,9
I
lgank'
af Amertra
NATIONAL �MfgVg ASSOCIATION
Redlands Branch Date Way 14, 1959
ESCROW STATEMENT
Statement of City of Redlands Escro" No 630-19968
(vaith Eloise Hilliard)
ITEMS DEBITS CREDITS
Deposited 1 000:3Q
32.11&.5.5--
Consideration Sale 35,000000
000
Loan
Outside of Escrow
Balance of Mortgage or Trust Deed of Record
Purchase Money Trust Deed _
Assessments or Bonds
Tax Adjustment .Fr.ozl 5-11-E9 to 7-1-59 II 70.(� I
Insurance Pro Rata
Rent Adjustment
Interest Adjustment
F H A Loan Trust Funds
Pro Rata Mutual Mtg Ins
Payment Mtg or Trust Deed
Int on $ @ °fo from to
Payment Mtg or Trust Deed
Int, on $ @ 170 from to
Commission _
Assurance of Title
Internal Revenue Stamps
Municipal Lien Report-Tax Service Contract
Reconveyance Fee
Recording
I
Taxes --
Insurance Endorsements
—
Notary Fees -
Fee for Preparing Documents
Buyer's Service Fee
Escrow Fee Ysaur ona—hal ' a
Balance Due
Our Check to Balance .11etzxrsd. -Ci-ty -of Radlands
TOTALS 33,116.35 33,116. 55
RETAIN FOR TAX PURPOSES
TRU 902 3 50
PIONEER TITLE INSURANCE COIVIF'ANY
San Bernardino, California
April Zl, 1959
Bank of America NT&SA IMPORTANT
1 East State Street When replying refer to
Redlands, California Our No.
Attn: Lillian Abrahamson '87SS5
Your No 630-19968
The following is a report on the title to the land described in your application a Policy of Title Insurance, and
is made without liability and without obligation to issue such policy
Dated as of April U. 1.959 , at 7 30 a m
' F. A. WA R D TITLE OFFICER
Vestee
ELOISE MLLIARD
Exceptions
1st: General and special taxes for the fiscal year 1959-60, now a lien but
not yet payable.
2nd: Right of way free of cost or damages for the purpose of making, laying,
repairing, and improving all irrigating ditches or pipes that may be required
as set out in the Deed from Edward G. Judson and Frank E. Brown, to
Redlands `dater Company, a corporation, dated May 2, 1882, and recorded
in Book 29 of Deeds, page65, records of San Bernardino County.
DESCRIPTION:
Lot 1, Block "B", SMILEY ADDITION, in the City of Redlands, County
of pan Bernardino, State of California, as per plat recorded in Book 13
of Maps, pane 31, records of said County.
mf
In addition to any exceptions shown herein, and not cleared, the policy if issued will contain stipulations and also
exceptions as to matters outside its coverage which are required by the particular form.
M-693 7-57
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Pioneer Title i
BRANCH NO. ( ) I 1 O.
Yso9 � 19�GLL��� 670793
ESCROW No.
/T z en
REcE1vEd F'R ar�f?t�.0
r'101-LARS
TOGETHER WITH
IN CONNECTION WITH ABOVE NUMBERED ESCROW
� xccrrirtt
TRUST DEPARTMENT
TRU aez ORIGINAL. a 57
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by deed. dated April 14, 1959 from Eloise Hilliard to the City of
Redlands, a political corporation and/or governmental agency is here—
by accepted by order of the City Council on April 7, 1959 and the
,grantee Qousents to recordation the reoi by its duly authorized officer.
Dated: April lei, 1959
By:
Fred H. Workman
City Manager
ESCROW INSTRUCTIONS
�� (REAL ESTATE TRANSACTION)
To 'San of. lcrt r� Escrow No .
NATIONAL snviNeg ASSOCIATIONLUIian Abramson
' a� 7" Pranch Escrow Office=*
-d1-1W4 Callforma I 19
In consideration of your acting as escrow holder herein it is agreed that you shall in no case or event he liable for forgeries or false perzonations in
connection with these instructions, Instruments of record, or those handled in this escrow
It is further agreed that if any controversy arises between the parties hereto or with any third person, you shall not be required to determine the
same or take any action in the premises, but you may await the settlement of any such controversy by final appropriate legal proceedings or otherwise
as you may require notwithstanding anything in the following instructions to the contrary and in such event you shall not be liable for interest or
damage q
I hand you 1j, i _ � hand n 4,32,p000.0D
and will deliver to you any notes, instruments and additional funds required from me to enable you to comply with these instructions all of which you
are authorized and instructed to use and deliver provided instruments have been filed for record entitling you 10 procure assurance of title in the form
of a standardOwners!! Policy of Title Insurance issued by
l 'i
in its usual form, with a liability of S
covering property in the city or vhaaawlsCounty of State of California
as per map recorded in Book , Page of an zidraardlao Records of surd County
described as follows
U IRZD , R t, ,e of
,Bemoxdinoo �� rOeOrd$d In ame 31,
showing title vested ina ,.
rauon
subject to (1) An General and Special taxes for the fiscal year 19 59 f9 60 INCLUDING ANY
SPECIAL DISTRICT LEVIES PAYMENTS FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH
(2) Assessments and Bonds, not delinquent, unpaid balance none
(3) Any covenants, conditions, restrictions reservations, rights, rights of way and easements of record, or in deed to file
(4) Mortgage—Deed of Trust securing an indebtedness of S as per its terms, now of record unpaid balance of
principal S tione Mn*
(5) Mortgage—Deed of Trust on form executed by
securing Note for S
ui favor of
dated due (if straight note) years after date with interest
at per cent per annum, from
payable
at
principal and interest due and payable in instalments of $ OR MORE, each on the day of
every month beginning
Zou wAU obtain for the bvwa 2 Bill or Sale sip
buyer to cover aq furniture aid f=UhJ4W-s belong to the geno�,
As a met ul wbjoh you 00 omrow holder not to be comerneds
It has been apeed that P038033ion of the proDefty iz to be givm the buyers
on Fay o
e An rents on the 11 ten=ts have been paid to ft lot., 1959 rentals
theraw are to be OvUeoted by the
The fallowing adjustments ONLY are required in this escrow lou will prorate taxes as of tha date ,
�0
TRU 245 9-56
�'
�������
38T�M� ��~������ Antlerint
�-- NATIONAL JEXVr,,gg ASSOCIATION
`�aclIa 6o 8ruoc6 Date DIm' 5th, I959
ESCROW STATEMENT
Statement of City of umdIaodo ]Bucru~' No 630-I9968
[iiitbMra, -Ioise Hilliard)
|
ITEMS / DEBITS CREDITS
Deposited- -- �� C-+7 of--- 4/1-4,/55, ' ----'-- ' ------
U O O O O�
Consideration Sale- ' . ' ��Loan--- --- - - . - - ----
Outside
-{)utymde of Escrow... ' ''-'..... ... '' -- --
Balance of
Balooccof MortgageorTrust Deed of Record
|
- ------ ------------- '
Purchase Money Trust Deed
'
Assessments or or ]Ruodo -
- � 7/1/59 / 4�� �� |
Tax Adjustment. -�`�/�/�� to '--_ .-- -'-_ '''. '__'
' ---_-_
Insurance Pro Rata- . __ -- _ ' ' ' --
-------------------- ____- __ '-- ��� ---_---
llentAd/ootoxenL_ ----- --
lntereot Adjustment . . - ....... '.... -........... .....
- - - - ------- '-- ----
3r H ALnan ]rumtFood� .. ----- .. ---------- ---------- ---- _
--_---
�
Pro Rata Mutual Mtg. Ins-
Payment Mtg
us'PuymeotMgJ or Trust Zec6 ' ' - - -....... ' ------
Int.
_Iot on $.. . . - AD _ 170 from . ' . to
Payment Mtg orTrust Deed.. '-_... -- - '- ......
Int, on $.--... -_'-- '6B from- ' to
Commission
/\aouruocc of Tl8c 'Internal Revenue Iloveooe Staozpu -' - -' ------_
Muoiopul Lien Rcpo/t-Tnx Service Cootruct---'-'---- ------
Reconveyance
-Reouovoyuoce Fee. .... -' -' ----'- ----- ' ----' ' - ' ' -'- ------_
Recording- - - .. . - ----_--
-------'--------------------- -----
----------' '- - ' ' | -------
.'..----'--- ----------------------------------------
------.-''- -' ' ----------- -----
Taxes
_Tuxcs' - ' ' _' .. -' -.
Iouoruncn Endorsements
Notary Fees ----' .-' - --' ' -'- .. . _' --' ' -- -
Fee for Preparing Documents
Buver's Service Fee
4O
Escrow Fee ' Q��-�����
' ' ' - -' ' � -3 ~� � � ��'3 5�---
Balance Duo. - - - � � - � � - � - - - - � �-��..� �-��-�-��'=`' - - - - - � - - � � `
Our Check tuBalance . .
|
TOTALS -3 3,116 3 54 3 3116 3 5 fi
--------'
RETAIN FOR TAX PURPOSES
r°v 902 ""^
ESCROW rt-raMank JaUlm-C 0,
NATIOWAL jA &Vg ASSOCIATION
ILU41SX44 Branch
City of Redlands
�O city' Hall Date
R )Andeq California Escrow No
AttAttentions Fred R® Workmans City Manager
Gentlemens
We enclose Emoraw Statements
Cashier's Check No, GM645a in the ammat of OeUs
payable to your order, representing ref dae you*
Policy of Title Insurance No* 357655, isigued by
Flower Title Insurance Company, dated fty 11, 1959v
in the amount of $331,000*00*
Bill of Sale, executed by Eloise Hilliard in. favor of
City of Reel a, dated April 15. 19590
Please acknowledge receipt of the above documents by signing
and returning to as the copy of this Escrow Receipt.
I hereby acknowledge receipt of the enclosures
TRU 249 11 SS
C.6Ie Addron--BANKAMERICA ��• —� +�' ���
Bank of Amiertra
NATIONALswViHCS ASSOCIATION
REDLANDS BRANCH • No 1 EAST STATE S'T'REET • REDLANDS, CALIFORNIA
Mry 5th, 1959 Escrow Department
City of Redlands,
City Hall,
"edlands, California
Attention: Fred H. Arkman, City Manager,
Escrow No. 630-19968
Gentlemen.
This is with reference to our subject escrow covering the property
which is being purchased by the Cita; of "edlands, from Mrs. Eloise
Hilliard.
NO wish to inform you that we have now received a Preliminary report
of title from the Pioneer Title Insurance Company. Accordingly, we enclose
herewith a copy of this report, together with an estimated escrow statement
indicatin- the additional amount of 432,116.35 to enable us to close the
escrow.
Upon receipt of your check in the aforerentioned amount, we will
proceed with the r ecordation, and the issuance of the Policy of Title
Insurance in your favor.
Sincere yours,
Sincere
Lillian Abrahamson,
Escrow Officer
44
r�
FORM P 21 4 57
CLTA STANDARD COVERAGE POLICY
COPYRIJ;HT 1950 "
Amount $33,400.00 Total Fee for Title Search, Examination PoIiey No 387585
and Title Insurance $ 16 8. 0 0
]PIONEER TITLEINSURANCE COMPANY
a corporation, herein called the Company,
for a valuable consideration paid for this
POLICY OF TITLE INSURANCE
does hereby insure
CITY OF REDLANDS
A Municipal Corporation
together with the persons and corporations included in the definition of "the insured" as set forth
in the stipulations of this policy, against loss or damage not exceeding THIRTY-THREE
THOUSAND - - - - - - - dollars, which the insured shall sustain by reason of
I Title to the land described in SCHEDULE C being vested, at the date hereof,
otherwise than as herein stated, or
2 Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in SCHEDULE B, or
3 Any defect in, or lien or encumbrance on, said title, existing at the dat( hereof,
not shown or referred to in SCHEDULE B, or
4 Any defect in the execution of any mortgage or deed of trust shown in SCH, )ULE
B securing an indebtedness, the owner of which is insured by this policy, but only
insofar as such defect affects the lien or charge of such mortgage or deed of trust
upon said land, or
5 Priority, at the date hereof, over any such mortgage or deed of trust, of any lien
or encumbrance upon said land, except as shown in SCHEDULE B such mort-
gage or deed of trust being shown in the order of its priority in PART TWO of
SCHEDULE B,
all subject, however, to SCHEDULES A, B, and C and the STIPULATIONS herein, all of which
schedules and stipulations are hereby made a part of this policy.
In wstness whereof,
Pioneer Title Insurance Company has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers, the day and hour set forth in SCHEDULE A hereof
PIO EER TITLE INSURAN COMPANY.'
by President
attest Assist ecretary
This Policy consists of 4 pages,which are numb.!red at the e each page
K/1 Page I of Policy No.__3=Af
P 21 4 57 (Copyright 1950)
CLTA Standard Coverage Policy
Vesting"Page r
SCHEDULE A
Onthis 11th day of May in the year 1959 at 8 00 o'clock, a.m , the title to
the land described in SCHEDULE C is vested in-
CITY OF REDLANDS
A Municipal Corporation
SCHEDULE B
This policy does not insure against loss by reason of the matters shown of referred to in this Schedule
except to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly
insured in Paragraphs numbered 4 and 5 on page 1 of this policy.
PART ONE This part of SCHEDULE B refers to matters which, if any such exist, may 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 agency or by the public records, and easements, liens, or encumbrances
which are not shown by the public records
2 Rights or claims of persons in possession of said land which are not shown by the
public records.
3 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 or by a correct survey
4 Mining claims, reservations in patents, u ater rights, claims or title to water
5 Any laws, governmental acts or regulations, including but not limited to zoning
ordinances, restricting, regulating or prohibiting the occupancy, use or enjoyment
of the land or any improvement thereon, or any zoning ordinances prohibiting
a reduction in the dimensions or area, or separation in ownership, of any lot or
parcel of land; or the effect of any violation of any such restrictions, regulations
or prohibitions
PART TWO This part of SCHEDULE B shows liens, encumbrances, defects and other matters
affecting the title to said land or to which said title is subject.
1st:
General and special taxies for the fiscal, year 1959-60, a lien not yet
payable.
2nd
Right of way free of cost or damages for the purpose of making, laying,
repairing, and improving all irrigating ditches or pipes that may be required
as set out in the Deed to Redlands Water Company, a corporation., dated
May 2 , 1882 , and recorded in Book 29 of Deeds, page 65 , records of
San Bernardino County.
Page 2 of policy No 3 87 5 8 5
P-21 4 57 (Copyright 1950)
CLIA Standard Coverage Policy ,
Description Page
SCHEDULE C
Description of land in the county of San Bernardino , State of California ,
title to which is insured by this policy
Lot 1, Block "B" , SMILEY ADDITION, in the City of Redlands , as per
plat thereof recorded in Book 13 of Maps , page 31, records of said County,
L
Page 3 of Policy No. 387585
P 21 4 57 (Copyright 1950)
CLTA Standard Coverage Policy
Stipulation Page
STIPULATIONS
I SCOPE OF COVERAGE insuredThe word knowledge in this and costs which the Company is ob
paragraph means actual knowledge and ligated hereunder to pay, and in no case
This policy does not insure agamst and the does not refer to constructive knowledge or shall such total liability exceed the amount
Company will not be liable for loss or dam notice which may be imputed by the public of this policy and said costs All payments
age created by or arising out of any of the reco-ds under this policy shall reduce the amount of
following (a) defects liens, claims, encum the insurance pro tanto, and payment of loss
brances, or other matters which result in no 3 NOTICE OF LOSS LIMITATION OF AC or damage to an insured owner of indebted
pecuniary loss to the insured, {b) defects BION ness shall reduce to that extent the liabil
liens encumbrances or other matters created ity of the Company to the insured owner of
or occurring subsequent to the date hereof; said land No pa went may be demanded by
(c) defects, liens encumbrances, or other A statement in writing of any loss or damage any insured without producing this policy
matters created or suffered by the insured for which it is claimed the Company is liable far insured w of such payment
claiming such loss or damage, or (d) defects, under this policy shall be furnished to the
New; claims encumbrances or other mailers Company within sixty days after such loss
existing at the date of this policy and known or damage shall have been ascertained g MANNER OF PAYMENT OF LOSS TO IN
to the insured claiming such loss or dam No action or proceeding for the recovery of
age either at the date of this policy or at any such loss or damage shall be instituted SURED
the date such insured claimant acquired an or maintained against the Company until
estate o interest insured by this policy, un after full compliance by the insured with all Loss under this policy shall be payable,
less such defect lien claim encumbrance the conditions imposed on the insured by this first to any insured owner of indebtedness
or other matter shall have been disclosed to ' If nor unless commenced within twelve secured by mortgage or deed of trust
months after receipt by the Company of such shown in Schedule B, in order of priority
the Company m writing prior to She issuance therein shown, and 1f such ownership vests in written statement
of this policy or appeared at the date of this more than one payment shall be made rat
policy on the public records Any rights or ably as their respective interests may appear
defenses of the Company against a named 4 OPTION TO PAY SETTLE OR COM and thereafter any loss shall be payable to
insured shall be equally available against PROMISE CLAIMS the other insured and if more than one, then
any person or corporation who shall become to such insured ratably as their respective
an insured hereunder as successor of such The Company reserves the option to pay interests may appear IE there be no such in
named insured settle or compromise for or in the name of sured owner of indebtedness any loss shall
the insired any claim insured against or to be payable to the insured and if more than
pay this policy in full at any time and pay one, to such insured ratably as their respec
2. DEFENSE OF ACTIONS NOTICE OF AC ment or tender of payment of the full amount live interests may appear
TIONS OR CLAIMS TO BE GIVEN BY of ibis policy together with all accrued costs
THE INSURED which the Company is obligated hereunder to
pay shall terminate all liability of the Com 9 DEFINITION OF TERMS
The Company at its own cost shall defend pany hereunder, including all obligations of
the insured in all litigation consisting of ac the Company with respect to any litigation The following terms when used in this
tions or proceedings against the insured or pending and subsequent costs theree policy mean
defenses restraining orders, or injunctions (a) named insured the persons and
interposed against a foreclosure or sale of S SUBROGATION UPON PAYMENT OR Corporations named as insured on page one
said land in satisfaction of any indebtedness SETTLEMENT of this policy-
the
olicy
the owner of which is insured by this policy (b) "the insured" such named insured
which litigation is founded upon a defect together with (1) each successor in owner
lien encumbrance, or other matter insured Whenever the Company shall have settled ship of any indebtedness secured by any
against by this policy and may pursue such a claim under this policy it shall be subroga mortgage or deed of trust shown in Schedule
litigation to final determination in the court ted to and be entitled to all rights securi B, the owner of which indebtedness is
of last resort In core any such litigation ties, and remedies which the insured would named herein as an insured (2) any such
shall become known to any insured, or in have had against any person or properly owner or successor in ownership of any such
case knowledge shall come to any insured in respect to such claim had this policy not indebtedness who acquires the land de
of any claim of title or interest which is ad- been issued I1 the payment does not cover scribed in Schedule C ar any part thereof
verse to the title as insured or which might the loss of the insured the Company shall by lawful means in satisfaction of said in
cause loss or damage for which the Com be subrogated to such rights securities and debtedness or any part thereof, (3) any
pany shall or may be liable by virtue of this remedies in the proportion which said pay- governmental agency or instrumentality
policy, such insured shall notify the Company ment bears to the amount of said loss In aegWring said land under an insurance con
e
therof in writing If such notice shall not be either event the insured shall transfer or tract or guarantee insuring or guaranteeing
given to the Company at least two days be cause to be transferred to the Company such said indebtedness or any part thereof, and
fore the appearance day in any such 111190 rights, securities and remedies and shall (4) any person or corporation deriving an
tion or if such insured shall not in writing permit the Company to use the name of the estate or interest in said land as an heir
promptly notify the Company of any defect insured in any transaction or litigation in or devisee of a named insured or by reason
Pian, encumbrance, or other matter insured volving such rights, securilies, or remedies of the dissolution merger, or consolidation
against or of any such adverse claim which of a corporate named insured;
shall come to the knowledge of such in 6 OPTION TO PAY INSURED OWNER OF (cf land the land described specifi-
sured in respect to which loss or damage is cally or by reference in Schedule C and im
apprehended then all liability of the Com INDEBTEDNESS AND BECOME OWNER OF provements affixed thereto which by law
pany as to each insured having such knowl SECURITY constitute real property
edge shall cease and terminate; provided, (d) date the exact day, hour and
however that failure to so notify the Com The Company has the right and option, in minute specified in the first line of Schedule
pany shall in no case prejudice the claim of case any loss is claimed under this policy A (unless the context clearly requires a
any insured unless the Company shall be by an insured owner of an indebtedness se different meaning)
actually prejudiced by such failure The Com cured by mortgage or deed of trust, to pay (a) taxing agency the State and each
pany shall have the right to institute and such insured the indebtedness of the mort county city and county, city and district
prosecute any action or proceeding or do any gagor or trustor under said mortgage or in which said land or some part thereof is
other act which in its opinion may he neces deed of trust together with all costs which situated that levies taxes or assessments on
sary or desirable to establish the title or any the Company is obligated hereunder to pay, real property
insured lien or charge as insured In all cases in which case the Company shall become (f) public records these public rec
where this policy permits or requires the the owner of and such insured shall at ords which under the recording laws, €m
Company to prosecute or defend any action once assign and transfer to the Company, part constructive notice of matters relating to
or proceeding the insured shall secure to it said mortgage or deed of trust and the in said land
in writing the right to so prosecute or defend debtedness thereby secured, and such pay
such action or proceeding, and all appeals ment shall terminate all liability under this IE1 WRITTEN INDORSEMENT RE
therein and permit it to use, at its option policy to such insured QUMED TO
the name of the insured for such purpose CHANGE POLICY
Whenever requested by the Company the 7 PAYMENT OF LOSS AND COSTS OF
insured shall assist the Company in any No provision or condition of this policy can
such action or proceeding, in effecting settle LITIGATION INDORSEMENT OF PAYMENT be waived or changed except by writing in
ment securing evidence, obtaining witnesses ON POLICY dorsed hereon or attached hereto signed by
prosecuting or defending such action or pro the President a Vice President, the Secretary,
ceeding 10 such extent and in such manner The Company will pay, in addition to any or an Assistant Secretary of the Company
as is deemed desirable by the Company, and loss insured against by this policy, all costs
the Company shall reimburse the insured for imposed upon the insured in litigation car
any expense so incurred The Company ried on by the Company for the insured and II NOTICES WHERE SENT
5.1011 be subrogated to and be entitled to in litigation carried on by the insured with
all costs and attorneys fees incurred or ex- the written authorization of the Company, All notices required to be given the Company
pended by the Company, which m be re but not otherwise The liability of the Com and any statement in writing required to be
coverahle by the insured in any litigation pang under this policy shall in no case ex furnished the Company shall be addressed
car*sod on by the Company on behalf of the teed in all the actual loss of the insured to it at the office which issued this policy
Page 4 .of Policy No 387585
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