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Deeds & Easements_I-4
RECORDED AT REQUEST OF. }PIONEER TITLE INSURANCE CO. PHO]USIXILD RECORDING REQUESTED BY JAN 6 1961 at 8 A.M. 1NDkXt ........................................................................ Bou 53?o PA083 WHEN RECORDED, MAIL TO OMC= RECOMM San Bernardino County, CaI% City ofRedlands TED $ C,AR1' OTBB, Recorder _-_.H.........l ............................•--------....... City al -,a" ev_t�kl ------Redlandss---�alif:. nsrurr ATTENTION: FRED WORKMAN, CITY Z1 ............................................................MANAGERSPACE ABOVE THIS LINE FOR RECORDER'S USE _;z—, z .:z tet, Grant Deed --------------------- Luther__T.__H-,lden_ ard_ Helene -B-- H.o1den,,_A'u§. and acid wife ------------------------------------------------------------------•--------•----------------......---------------------------------------...--------•------......----------------------------------•-••----------- For a Valuable Consideration, the receipt of which is hereby acknowledged, do ..... .__ hereby GRANT to ........................... M-_�Y... .................. all that real property situated in the County of ........... �ar.._Bernardino , State of California, described as follows: Lot 5, Block 1, TOWN PLAT OF REDLANDS in tr.e City of Redlands, as per plat recorded in Book 5 of Maps, page 10, records of said County. EXCEPT THEREFROM a strip of land 12.2 feet in width along the entire Southwesterly side, as conveyed to the City of Redlands, by Deed dated. August 29, 1891, and recorded in Book 138 of Deeds, page 13. Dated ......... RavEnher..2 9,--19fi0.......... _L �- ........... i STATE OF CALIFORNIA, �Ss. -----------------------•---------------------------------------------------....--------•----------- COUNTY OF...3.an.. Bernardino -• O„__ November 291 L960 before me, the undersigned, a Notary Public for -.San Bernardino County, California, personally appeared -.---• Luther T . Holden and Helene B. Holden .. - T -................................en Helene n..........................................................l ---- -----------------------------------------------------------------•--•----------------------•----------- known to me to be the person .... s._whose name ------- a..are............................................ bscribed to the within instrument and acknowledged that ---------_thjey--.executed the same. WITNESS my hand and otticial Seal. I'll' (Seal) 8P-A,F_ ............. �.. Z . B. NA Rotary p 'aid Coup &3y Commission Expires March 14, 1964 5423 ESC 2564 a-ve* P.B. EN cm ac QP IND rn r 1 a saou 5020 PAGE 28 4 CERTIFICATE OF ACCEPTANCE .mor«r+4�..w.1...�......4..x..��w..n..� �w�. This is to certify that the interest is real proper -by conveyed by Deed of Grant datedaF� .��Y.�mbt?r 2�, Qs�.T � 19 9 , 'ir0P2i to the City of Redlands, a political corporation andjox (rovernmental a�en•y is hereby acceiated by order of the City CaUncil an N.c) v em.b.�..22 ) 9 and the Grazitee consentm to re— cordation thereof by ; t o duly anther ized officer. Dated: January 4 II 61. By. C'xty �ana�er point tvr)e or larger OPTION—GENERAL This standard form covers moat usual problems in the field indicated. Before you sign, read it, fill in all blanlo, WOLCOTTB FORM 1478 and make changes proper to your transaction. Consult a lawyer if you doubt the farm's fitness for your purpose. " `BUYER & SELLER ESCROW INSTRUCTIONS SECURITY FIRST NATIONAL BAN BUYER To: Security First National Bank Rea-°_ " Branch 61 120'wo.ou 1. PRIOR T0 ...... ........................... ._.......... .19... `.., 1 will hand you $-.,.,.....................---- 2. S. 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 26. 29. 3o. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43, 44, 45. 46. 47. 48. 49. 50 51. 52. 53. 54. 55. 56. 57. 58. 59.' 60: 61. 62. 63. 64, 65. 66. 67. EscrowNo ........................................ Novae . MEMO. Paid outside of Escrow $ .........................fix. Cash through Escrow .............. ............ ............ ....__...... ............ Encumbrances of Record........................................................ New Encumbrances.. ................... . ............... Total consideration .................................. ....................... and any additional funds and instruments necessary on my part to enable you to comply with these instructions, which you are to use provided on or before the date set forth on line 1 above, as qualified by the provision at the top of page 2 hereof, you hold the money and documents, if any, deliverable to me nder these 'u d ' tr en bave been filed for record entitling you to procure............................................................. f ..............................................................................................................Standard Coverage Form polity t th title company liability for t o t o eo�� o: Irrt 16 'It > ��G -ftbvtY .. _ ..,...1 ........................ ............................ ............. .................... . . _....___.......... ...............:..:..::.....•-•................-•---•--. ..._._.............._.._.............._.__._......._.....-•----................---------........................---------.........---........._..._•............................ as per map recorded in Book ..............:........ Pages ....................... of Maps ----- ............... ...._..__................ in the office of the Recorder of said County, showing Title vented in ................ .......................................................................... ..... U --------------I-- ....- ----- ................................ ITRmt Freeof encumbrances except :.........................: 61 -------------------- ....................... I ...................................................... General and Special Taxes for fiseal p year 19........, 19........; and taxes which are not yet due; INCLUBING SPECIAL DISTRICT LEVIES, PAYMENT OF WHICH IS INCLUDED THEREIN AND COLLECTED THEREWITH. Rights, rights of way and easements for public utilities, water companies, alleys and streets; and cove- nants, conditions, and restrictions; now of record, if any................................................................................................................................................. ... Mortg Trust Deed securing an indebtedness as per its terms, now of record (Lender's statement to show an unpaid balance of principal of $--- ------------------------- I ............... I but if same should show to be more or less than said amount, then you are to keep the total consideration the same as shown above, by accordingly adjusting the CASH THROUGH ESCROW) .................... ...................................................................... -------------------------------_..........._.._...............__............._............---.......--•--•--..........._...............................---•-..... ...................................................... Trust Deed on your usual form securing Note for $ ................................. dated during escrow, due (if straigbt note) infavor of-... .................................................................. --- ---•-•........................................................ payableat your Branch ................................... ......................................... ............ interestfrom....... ........... :........................................ (See line 75 re endorsing interest) at rate of_ ............... pet cent per annum, payable ......... .......... ................ principal and interest payable $: ........................................... ... or more on the ............................................. ......................... ............. .............. ........... ......... day ofeach................................................month, beginning on the. ............................... ............. .day of ................................... ............................ .............. 19 ............ ................................ ------------- and continuing until said principal and interest have been paid; executed by above Grantee (a) ....... " T. ..., ... ... MRi..------------------------------------------- -----. 2788 ZSG 2558 a -se* SOY .........................................................................................................................•---......._............__..................._............_._........ ............................................................. .................................... -........ ............................. .................. ............... ................... ..... ........ ................. -................... ..................................................................... .............................................................. ...................... ................... ................................................. ..-.............................................................. .... ..................... .................... .......................... ..... .--- ..................................... .............................. ................ .............. .................................... ..........................................................................................................................•---._.......---..................I...._............I....... ............................................................................................................--------------- ....... ................ ...................... I ... I ......... .... ... ....................... .................... ............. ...................................................................................... -........................... I............. ........................ ................ ............... .................................................. .............................. ................... .................................. (Over) ( Page Two) 68. If the conditions of this escrow have not been complied with prior to the date set out on line 1, or any extension thereof, you are nevertheless to 69, complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not 70. to complete it. 71. Affix S.........U. S. R. Stamps on deed, to be paid byT''Ei:LW--.---i............................................................................. 72. The following adjustments are required in this escrow: 73. Interest on Mortgages and/or Trust Deeds of record, and F. H. A. Mortgage Insurance Premium to ............. ....1i]Que---_....___....____.___------.-----___.._.._______- 74. and funds shown impounded for future payment of taxes, insurance, etc.; all based on Beneficiary's statement. 75. Interest on new encumbrances by endorsements on notes to ..................... R.- ....... .__................................ ........... .......... .......... .......... ................... .___-------.--_------- 76. Taxes, including all tax bill items except taxes on personal property not conveyed through this escrow to -------- MWM....................................................... 77. based on current year's taxes, or, between July tat and November 10th of each year based on immediately preceding year's taxes. In each case, use 78. the figures from the tax bill handed you by the seller or figures furnished you by title company, without liability on your part as to their correctness. 79. Seller agrees to pay prior to delinquency, any taxes on real and personal property not being sold herein, which tax is a lien on the real property 80. being conveyed. You are not to be concerned with same. 81. Rentals on basis of statement furnished by seller, to ..................... WPM ...................... .................. .................. and you are to consider on basis of said rent 82. statement, that seller will collect all rents which fail due prior to the close of this escrow, unless he instructs you in writing to the contrary. No adjust - 83, meat against buyer on uncollected rentals..........................................................._................._...__.._.........................................---------._....----•---.------------•--• •---_.......... 84..................................................•-•....------...---------...----•---•.._..............._.....:..._.::----..._._._...............---...........:.._....--••-...----------------------------.....---._...---...............I--------------------- 85 - ------ ------ 85- -----------------•---...._.. ............... ................................................................................................................................................................................................................. •--.. 86...................................................•-•--.----------.-------•-...--•---•.-----•----.---------.._._._._.........._.............._........._.......----•--••------------.--•-------._....__..__....__._..............._........._._...........--_.. 87. Premium on .................................................... Fire Insurance Policies to------ $#ne .................... -......... ........................... .......... on building -... 88. situated either on property described above or on premises known as No........................................................................._............_....._......_.____._____.___..____.............. 89............................................................ You may assume that premiums on said policies have been paid and that the policies have not been hypothecated. Make prorations on basis 30 -day month. "CIose of escrow" shall mean the day papers are filed for record. Make disbursements by your check. Mail fire and other insurance policies to holder of first encumbrance, if any. Mail title policy to holder of existing encumbrance, provided there is to be a substitution of liability; otherwise to the holder of the prior encumbrance recorded concurrently with documents herein; but if there is no such encumbrance, then to the buyer. Other documents and checks in my favor to be mailed to my address below. If title policy is to be obtained, procure it from any title company operating in county where property is located, subject to exceptions and conditions contained in said company's regular printed form. I agree to pay on demand for recording deed, mortga clause on insurance, filling in, notarizing and recording Trust Deed and other documents necessary on my part, and buyer's escrow fee as charged____--s�..dt�tq'l�_.ib�.f�+,>i#_ �'t:..Qr aSi__*r±.._ s. ti _v --- ..__t7___ You shall be under no obligation or liability for failure to inform me regarding any sale, loan, exchange, or other transaction, or facts within your knowl- edge, even though same concern the property described herein, provided they do not prevent your compliance with these instructions, nor shall you be liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited, nor as to identity, authority, or rights of any person executing the same. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. Should you before or after .close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the deter- mination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations further to perform any an all duties or obligation impos d upon ou i this escrow. ci _1 F�11.A U P a Iwl�i.e p. I corporatim Buyer's Buyer's Signature....................................................................._..------.....------............•......_-_,..Signature--"•---••---•-••--.....---........-•-------.....•-•"---•----..._................----.................................. ...... JV ---------------------------------------- Street ..........r.Address----------- .............................................. City & Zone.................................................................................. (Telephone) SELLER lare1bo, 29 .............................................................................................19......... 90. 1 HEREBY APPROVE AND AGREE TO BE BOUND BY THE FOREGOING INSTRUCTIONS AND PROVISIONS. PRIOR TO the date set out 91. on Iine I herein, I will hand you all instruments and money necessary for me to comply therewith, including a deed of the property described, executed 92. by ---..............-i, r�as�r.. �' *....3�nLd�rz.. ai�i. t e...� �,--�..... go------- .. ..... ........................... ......................... 93. which you are authorized to deliver provided you hold in this escrow for the account of the parties executing said deed .......... _......... - ............................. 94.-•--•-•---------------------------------------------------------------------------...------------------•--•-------------------••---..._...... ---_-------------------------- the money .............. (Use this space only if money is to be payable to others than grantors) 95. and instruments deliverable to me under these instructions. When property being conveyed is held in Joint Tenancy any cash derived therefrom in this 96. escrow shall be Joint Tenancy funds. Pay any liens and encumbrances necessary to place title in the condition called for and the following: 97. -------------------------------------------------------- ................................................................................................................................................. 98. Pay commission of S._----------------------- to ------------------------------------------- -.............. ............................................................................................................................. 99. Broker's License No ------------------------------------------------- Address ............................................................................ .................................................... ............................... 100- -... .....-------- ---------•------------------ ........-_.._.......--•-------- 343]Uie aU �iiia x01. - ............. ..................... ._..---•--........r ........._..._................ - ....... 102. f... ` r::i yea' or...tcrt'. Sapid ps-yiitlt ntt w;,'?:ci'..�!? a>r'� .au���.,,r� -�c � ...�r��r±�._d� _y. t date 103.---•--------------------•-------------------_--.---.._.._-------------- •--- ----------------------------------------------------------- 104--------------------------------------------- -----•----------------------------------- .---------------------------------------------------------------- •-- ........ .---------------------------------------------------------- 105 . ........................ ............................................ ............................... I ............. _......... .-................ ..... -....................................................................................................... 106 . ........................................... ..... .----------------------------------------------------------------------------------------------- ------------------------------ ....:........................._ ......................................................... 107 . ............................ .................. ..----------------------------------------------------------------------------------- .---•-•--------_-------• -------......._...--------.•----.•.--------._..........--•-•---•--•--•----•--------------------- 103........................... .------ .-------------------------------------------- ....................................-...........__.....--------...--•--------•--------------•-•-•---•----------_----_.-.--------_---------------------.----------•------------•--- 109. 110. You will, as my agent, assign any fire and other insurance of mine handed you or that Beneficiariea inform you they hold. III. I agree to pay on demand charges and expenses incurred by you for me, including charges for title policy, offset statements and beneficiaries' state - 112. ments and/or demands, filling in, notarizing and recording any documents necessary on my part, transfer of fire insurance if prorated, and seller's 113. escrow fee as charged ............... !N;89".4b.s fga... tl4 .:ft3--.i' "--%:cr......•---...----.._..........................._._.............-------"----.------......_............_...... 114, Credit balance to Checking/Savings Account No... ......... ._---------------in name of ....................... ...................... ::......................... •.......................... ._........................ 115. or ..................' ............. ".............. .......................... ....... ---------------------- in your ............................... ---..... -............................................. .....-•----............---..... Branch Seller's frj f�,L- Seller's 4� Signature......................j �g + � •-"--.............. ....... ......5ignature---....................... .................... Street ..Address................"---._..............-----------".-------•--•----.._.............---•---••........_..------ ------ City ................. .& Zone.. ...... .,.._.... ............................................................. (Telephone) ESCROW`'�SECURITY FIRST NATIONAL BANK STATEMENT' ESCROW N0.324 -10I814 TO City of Redlands Redlands BRANr-.V Lot . C I ';'Glt x' L i DOCUMENTS RECORDED 1/6/6l I9 Debits Credits Deposits --- Cash ` 12,682,73 Total Consideration for —Deed Note 9 o Paid Outside of Escrow (as indicated in escrow instructiow) Unpaid Principal Balance — Trust Deed of Record New Note and Trust Deed Interest $ @a °fo from to FHA Mtg. Ins. t$ 1 yr. from to Taxes $ mo. from to Rents t$ mo. from to PRO - RATA Ins. Prem. ,$ yr. from. to Commission Payoffs Beneficiary's Fee for Furnishing Demand and/or Statement Water Stock Transfer Fee Impounds: FHA Mortgage Insurance, Taxes & Assessments and Fire Insurance Bldg. A/C Mechanics' Lien Report Recording Notice of Completion Tide Company's Charge for Title Policy I 90 Qp Reconveyance Fee Revenue Stamps 13.75 Recording Deed Trust Deed Reconveyance WAI TO Recording _ Taxes Assessments Tax Service Insurance Additional Insurance Extended Coverage Transfer and/or Mortgage Clause Real Estate Loan Fee _. Escrow Fee on Sale Purchase Loan Exch 63 00 Drawing Deed Trust Deed 2 0 Drawing Notary Fees Deposited to the Account of Check Herewith Balance Due This Bank SAVE FOR INCOME TAX PURPOSES TOTAL 12,682,75 $ 12,682 75 2368 ESC 2536 a -ea* too 10Y The County Recorder has been advised of the address to which you wish sour recorded documents mailed. z ¢' O O O ¢ o u cc 0 bO O U � v2 ® W a� W �O oW. o 2 C7 �rn w c� c�a. > v' per, [C C O y °"O U s. E� U p O O C13 'H Sy CL M10 O ¢ (a 4 f W 0 a = U V O n1 z C z rl iv s CA a 1 r 7 E-1 • W Qn� � u W z ¢' O O O ¢ o u cc 0 bO O U � v2 ® W a� W �O oW. o 2 C7 �rn w c� c�a. > v' per, [C C O y °"O U s. E� U p O O C13 'H Sy CL M10 O ¢ (a 0 a = U V O n1 rl iv s CA a 1 r 7 E-1 W Qn� � W z ¢' O O O ¢ o u cc 0 bO O U � v2 ® W a� W �O oW. o 2 C7 �rn w c� c�a. > v' per, [C C O y °"O U s. E� U p O O C13 'H Sy CL M10 O ¢ (a P•21 4.69 California Land Title Association Standard Coverage Policy Form Copyright 1460 ISSUED BY PIONEER TITLE INSURANCE COMPANY and TITLE INSURANCE AND TRUST COMPANY PIONEER TITLE INSURANCE COMPANY, a California corporation, and TITLE INSURANCE AND TRUST COMPANY, a California corporation, together herein called the Company, for a valu- able consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, do hereby insure 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 direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the -Company may be 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 G, 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. Untnarketability of such title; or 3. 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 4. Priority, at the date hereof, over any such mortgage or deed of trust, of any encumbrance upon such estate or interest, except as shv.vn 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 hereto annexed, which Conditions and Stipulations, together with Schedules A, B and C, are hereby made a part of this policy. In Witness Whereof, the companies have caused their corporate names and seals to be hereunto affixed by their duly authorized officers on tine date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY by. PRESIDENT PIONEER TITLE INSURA1rCE COMPANY by n PRESIDENT Attest Secretary of Pioneer Title Insurance Company and l#ss't Secretary of Title Insurance and Trust Company P21A-B 4.60 California land Titia Association Standard Coverage Polity Form copyrtgnt 1960 Effective January 6, 1961 Amount $12, 500.00 Date at 8: 00 a. m. k IN5 URF. CITY OF REDLANDS a Municipal corporation Fee $96.00 Policy No. 42 2128 I. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF REDLANDS a Municipal corporation 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 malting 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. P218 Cont.4-60 Colifornio Land Title Association Standard Coverage Policy Form Copyright 7960 S G H E D U L E B— (Continued ) PART II 1. Second Installment of General and Special taxes for the fiscal year 1960-61, Code Area 501, Book 171, Page 101, Line 05, Amount $32.34. 2. Right of way for and right to go upon the West 1/2 of the Nest 1/2 of the South 1/2 of Lot 23, Block 77, Rancho San Bernardino, to lay all such water pipes as the grantors may wish to lay, as reserved by Ben Barton, et ux., to E. G. Judson and Frank E. Brown, in Deed recorded in Book 33 of Deeds, page 450, records of said County. 3. 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 by the Redlands Water Company, and its successors and assigns, through and over all lands, as granted to the Redlands Water Co., a corporation, by Deed recorded in Book 23 of Deeds, page 233 and Deed recorded in Hook 29 of Deeds, page 65, records of said County. 4. Right of way reserved to the Redlands, Lugonia & Crafton Domestic fVater Company, for constructing and maintaining pipe lines over and across said land, together with a covenant binding the owners of said land to take water furnished by said Company so long as said Company is able to supply an adequate amount, and subject to the rules of said Company as to payments, etc., as set out in the Agreement between E. G. Judson and F. E. Brown, with Redlands, Lugonia and C rafton Domestic Water Company, recorded in Book "Jr' of Agreements, page 504, records of San Bernardino County. P21 C 9-56 Cal ilornia Land Title Association Standard Coverage Policy Form SCHEDULE C Copyright 7969 The land referred to in this policy is described as follows: Lot 5, Block 1, TOWN PLAT OF REDLANDS, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 5 of Maps, page 10, records of said County. EXCEPTING therefrom a strip of land 12.2 feet in width along the entire Southwesterly side, as conveyed to the City of Redlands, by Deed dated August 29, 1891 and recorded in Book 138 of Deeds, page 13. .f.60 CalifliEorarnla Land tilt® Association CONDITIONS AND STIPULATIONS Standard Coverage Policy Form Copyright 1960 (Includes those in the American 'Title Association -Owner's Additional Coverage Policy) 1. DEFINITION OF TERMS The following terms when used in this policy mean: {a) "land"; the land described, specilieally or by reference, in Schedule C and improvemartu affixed thereto which by law constitute real property; (b) "public records": those recorda which impart Constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not construe• sive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date": the effective date; and (a) "the insured"; if a named Insured is the owner of the indebtedness secured by a mortgage or deed of trust shown in Schedule B, then, in addition to the parties named as Insured or rcfcrrcd to as "the In. sured" herein, "the Insured" shall include (1) each successor in ownership of such indebtedness, (2) any such owner or successor in Ownership of any such indebtedness who acquires the land described in Schedule C ar any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, and (3) any governmental agency or instrumentality acquiring said land under an insurance contract or guarantee insuring or guaranteeing said indebtedness or any part thereof. 2. 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 regulation (including but net limited to building and zoning ordinances) restricting, regulating or prohibiting the occupancy, use or enjoyment of the land, or the chat. atter, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcel of land. (b) Governmental rights of police power or emi. nent domain unless notice of judicial action to oxer• vise such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the premises expressly described in Schedule C, or title to streets, roads, avenues, lanes or ways on which such premises abut, or the right to maintain therein vaulta, tunnels, ramps or any other structure or improvement, or any rights or casements therein unless this policy specifically provides that such property, rights or case, menss are insured, -except that if the premises abut upon a physically open street or highway this policy insures the ordinary rights of abutting owners for access thereto unless restricted by governmental regu• lations or otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse 'u lo o, against the title as insured or other matters (1) ere. ted, suffered, assumed or agreed to by the insured, or (2) known to the Insured either at the date of this policy or at the date such Insured 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 Company prior to the date of this policy, or (3) resulting in no direct ]on to the Insured, or (4) attaching or created subsequent to the date hereof. (c) loss or damage which would not havebeen sustained if the Insured were a bona fide purchaser or encumbrancer for valuv. 3. 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 for the defense of the Insured in all litigation consisting of actions or pro- ceedings commenced against the Insured, which lhign• tion is founded upon a defect, lien or encumbrance insured against by this policy, and may pursue such litigation to final determination in the eourt of ]not resort. (b) It, case any such action or proceeding shall -be begun, or in case knowledge shall come to the Insured of any claim of title or interest adverse to the title as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or in the event the title is rejected as unmarketable by one who has leased or has contracted to purchase, lease or lend money on the land described in Schedule C hereof, the Insured shall at once 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 in. sured 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 unmorkelability of the title, then all liability of the Company in regard to the subject met• ter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shalt in no case prejudice the claim of any Insured unless the Company shall be actually preju. diced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own coot to institute and prosecute any action or proceed- ing or do any other act which in its opinion may be necessary or desirable to establish the title as insured. (d) In all cases where this policy permits or is. quires 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 provide de. tense 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. Whenevor requested by the Company the Insured shall give the Company all ussistance in any such action or proceeding, In offoct;ng settlement, securing evidence, obtaining wit. nesses, or prosecuting or defending such nation or proceeding, and the Company shall reimburse the Insured for any expense so incurred. 4. NOTICE OF LOSS—LIMITATION OF ACTION In addition to the notices required under paragraph 3(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 ]*as or damage shall have been deter- mined and no right of action shall accrue to the Insured under this policy until thirty days after such statement *hall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within one year after expiration of said' thirty day period. Failure to famish such statement of loss or damage, or to com- mence such action within the time bereinbcfore epeci. bed, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS (a) The Company reserves the option to pay, set. tle or compromise for or in the name of the Insured, any claim insured against or to pay the full amount of this policy and such payment or tender of payment, together with all seemed coats which the Company is obligated hereunder to pay, shall terminate all Ii ability of the Company hereunder. (b) fn case loss is claimed under this policy by an insured owner on an indebtedness secured by a mortgage or deed of trust the Company at its option may pay such Insured an amount equal to such in- debtedness, together with all costa which the Company is obligated hereunder to pay, in which case the, Insured shall assign and transfer to the Company said mortgage or deed of trust and the indebtedness an. cured thereby, and such payment shall terminate all liability of the Company hereunder as to such Insured. 6. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the direct 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 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 main. tainable 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 volantarily assumed by the Insured in settling uny claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarket- able 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 jurisdiction sustaining such rejection. (d) All payments under this policy, except pay- ments mnde for costs, attorneys' lots and expenses, shall reduce the amount of the insurance pro tanto and no payment shall he 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, it the owner of an indebtedness secured by a mortgage or (Iced of trust shown in Schedule B is an Insured herein then such payments shall not reduce pro tants the amount o[ the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by tech mortgage or dead of trust, (c) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days there. after. 7. LIABIL17Y 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 or deed of trust shown or referred to in Schedule B hereof or any mortgage or deed of trust hereafter executed by the Insured which is a charge or lien on the land described or referred to in Schad. ule C. The provisions of this paragraph numbered T shall not apply to on Insured owner of an indebted- nens secured by a mortgage or deed of trust sbown in Schedule B unless such Insured acquires title to said land in satisfaction of said indebtedness or any part thereof. 0. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss occurs after an alteration or improvement subsequent to the date of this policy, and only in that event, the Insured becomes a coinsurer to the extent hereinafter set forth. II the cost of the alteration or improvement ex, teed! twenty per centum of the amount of this policy. such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this p6liey bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. The fare. going provisions *hall not apply to costs and attor. neys' feet incurred by the Company in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall not apply to lasses which do not exceed, in the aggregate, an amount equal to one per centum of the face amount of this policy. Provided, however, that the foregoing eoinsurunce provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed the amount of this policy, and provided further that the foregoing coinsurance provisions shall not apply to an insured owner of an indebtedness secured by a mortgage or deed of trust shown in Schedule B prior to acquisition o[ title to said load in satisfaction of said Indebted- ness or any part thereof, (b) If the land described or referred to in Sched• ule C is divisible into separate and noncontiguous parcels, or if contiguous and such parcels are not used as one single site, and a lass is established nlTeet- ing one or more of said parcels but not all, the loss shalt be computed and settled on a pro rata basis as if the face amount of this policy was divided pro rata as to the value an the date of this policy of each separate independent parcel to the whole, exclusive of any improvements made subsequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Core, pany and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of oubrogation shall vest in the Company unaffcmcd by any act of the Insured, and it shalt be subrogated to and he entitled to all rights and remedies which the Insured would have bad 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 Com. pally, shall transfer to the Company all right. 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 Insurad in any transaction or litigation involving such rights or remedies. 10. POLICY ENTIRE CONTRACT All actions or proceedings against the Company must be based an the provisions of this policy. Any other action or act -sons or rights of action that the Insured may have or may bring against the Company shall be deemed to have merged in this policy and to be restricted to its terms and conditions. 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. The Company may take any appropriate action under the terms of this policy whether or not it shall be liable there. under and shall not thereby concede liability or waive any provision of this policy. 11. NOTICES, INHERE 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 the office which issued this policy. 12, THE FEE SPECIFIED IN SCHEDULE A OF THIS POLICY IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR TITLE INSURANCE TRACT NO. L/ ti 9'7.1 PLAT IST 0 z 0 2 No 61, las.xs mma W So OD W a N r � 3 R° n m � o w N N LO .A 11 � l$' 4T° N lu M M r w ro r POLICY NO. S"T. las.xs So OD g D - o n m z " w A 6 D r ST. o.� J N it, co NO 0 " c STA I a p D 4 r LJ NL C N w m r • 0 i 4. k3b.2 ' $O ST. o l This plat is furnished for information only. It is compiled from data which we believe to be accurate. but no liability is assumed by this company as to the correctness of such data. PIONEER TITLE INSURANCE AND TRUST COMPANY -lo Por Redlonds Town Flat M. B. 5/10 0 Ii f 3 Q�-.—S TATS -�- -- i 31-7 k u ' t I w w a O 10 �1 12 N 7 � f 6 i g 9 10 fl 12 i ely, 17/0 (2D DID Q Ld uj rJ 3 2 f h b(UlD q ���•�-.:. o 0 0 0o ely, 17/0 (2D DID Q Ld uj rJ 1- F c..r,om sono Amount i 10, 000.00 Policy Date SCHEDULE A Fee 11 84.00 June 19, 1959, at 8s0D A. M. INSURED LUTHER T. HOLDEN and HELE E B. HOLDEN 1. The title to said land is, at the date hereof, vested in: LUTHM T. HOLDEN and HELENE B. HOLDEN, husband and wife, as joint tenants. Policy No. 53257 1. Description of land in the state of California, County of title to which is insured by this policy: San Bernardino, Lot 5, Block 1, TOWN PLAT OF REDLANDS, in the City of ,Redlands as per plat recorded in Book 5 of Maps, page 10, records of said County. �:C,cPT �1EREFfir; a strip of land 12.2 feet in width along the entire Southwesterly side, as conveyed to the City of Redlands, b D eed ed August 29, 1891, and recorded inBook 138 of Deeds, page 13. 43 25 7 1 "1A IL—I lyd f:....... F.,I Icr Form t-pr,41hl 1950 SCHEDULE B This policy does not insure against loss by reason of the matters shown or referred to in this Schedule except to the extent that the owner of arty mortgage or deed of trust shorn in Part Two is expressly insured in paragraphs numbered 4 and 5 on page 1 of this policy. PART 0,,Ne: This Marl of Schedule B refers to matters which, if any such exist, may affect the title to sal laird, foot which are not shown in this policy: d I. Taxes or assessments which are not shown as existing liens records; and casements, lienby the records of Anytaxing agency orb the public s (or encumbrances which arr not shown b the Y Public records. Y 2. Higbls or claims of persons in P-o-essinn of said land which are not shown by the Public records. I .Any faces, rights. interests. or claims which are not shown by the publir records but which could he ascertained by an inspcclion of said land, nr by making inquiry of persons in Pnstessi,m thereof. for by a correct survey, 4• Mining claims, reservations in patents, water rights, claims ur title to water. 5. Any laws.aced mental acts or regulations, including but not limited to inning ordinances, restricting, regulating nr prnhibiting Ilse nccupanrv, use nr en)nyment of the land or any improvement (hereon, or any zoning ordinances Prohibiting a reduction in the dimensions or area, nr separation ein nship, of any lot or parcel of land; or the ffert of any violation of any such restrirlion'<, regulalin ' wnrr nr pruhif wnrrs. PART Two: This part of 9rhedule B shows liens, encumbrances, defects and other matters affecting the ti said land or to which said title is subject: g tee to 1. General and 3pecial taxes for the fiscal year 1959-60, now a lien, but not date or navable until Noverrber, 1959. 2. Right of way for and right to go upon the West 1/2 of the West 1/2 of the South 1/2 of Lot 28, `.?lock 77, Rancho San Bernardino, to pies as tete grantors may wish to lay, lay all such water as reserved in that certain Deed from Ben Barton, et rix,, to E. G. Judson and Frank E. Brown, dated May 21, 1883, and reccrded in Book 33 of Deeds, page 450. 3. Right of way free of cost or damages for the purpose of maks ng, laying, repairing and improving all irrigating ditches or pipes that may be required by the Redlands Water Company and its successors and assigns, through and over all lands, as granted by Edw. G. Judson and Frank E. Brown, to the Redlands Water ::o,, a corporation, by Deed dated February in Book 28 of Deeds, page 2033, and Deed dated May 2, 29 of Deeds, page 65. 1882,2andl862recorded inc9ookd ' 4.Ria?•t of way -reserved to the Redlands, Lugonia & Crafton Domestic Water :omnany, for cnnstrFctinc and maintaining pipe lines over and across said land, t''cretiter with a covenant binding the owners of said land to take water furnished „site toga :r so long as said Company is able to supply an adequate amount, s"b;e�t to the rules of said Company, as to payments, etc., as set out in the "emierr= iietvreer E. Coo Judson and F. E. 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