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Home My WebLink AboutDeeds & Easements_I-7~ BoN53?0 PAGE280 N GRANT DEED Affix I. R. S. $.3:1.90------------------- THIS FORM FURNISHED BY PIONEER TITLE INSURANCE COMPANY L! FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged____________________________________ FRANK G. �LAk7�C_.aTT�._��'�4..Z...Cir�4RK, husba d__and.iife-------------------------------------------------------------------- � hereby GRANT (S) to_...___CITY__.CF_REDI.ADII]S,__a.-Municipal... corporation ----------------------------------------------------------------------------------------- . --------------------- -------------------------------------------•------------------------------------------------------------------------._---.------------------ ---------------------- ---------------------- the fallowing described real property in the state of California, county of______ -. San 3ernrdino a-- Lot 1 Brookside Avenue Subdivision, in the City of Redlands, County of San Bernardino, as per plat recorded in Book 17 page 1 of "yaps, records of said County. SUBJECT TO: Covenants, conditions, restrictions, reservations, rights, rights of way and easements of record. Dated: Dec ember 7th- , 1964 ---------- --••-- --- --- -- ----• ............ -- ------ -=---r------ STATE OE ....... .Calif ornia...__...___ San Bernardino ss. COUNTY OF ................................................. December 7th, 1960 On......................................... ...............................................•------------ before me, the undersigned, a Notary Public in and for said County and State, personally appeared Frank G. Clark and Etta T. Clark Order No...._. ....... ........... ......... Escrow No. -.._---63.0-2.067------- WHEN RECORDED MAIL TO: ................... ...... -----_------------------ City O:................................••------------------ City of kledlands, a Plunicipal corporation - --•'r'r-ed-'Tl'. a��Y�Tsiriari"-City..i�ariager-�........------------•------------ SPACE BELOW FOR RECORDER'S USE ONLY PHOTOSTATED r 80 ...................................••---•--._._.........--- RECORDED AT R.EQTJEgr Oar ............... I.......................................................................................... known to me to be the person. S whose name .... 5.._. are PIONEER TITLE INSURANCE CO. subscribed to the within instrument and acknowledged that JAN 6 1961 8f A.M they ................executed the same. Boni{ 5 3210 PAGE 2U 0 WITNESS my hand and official seal. V SEAL or Cm "Mms �iTD►.ounty, Cali Be�narduio C , (Seal)_{.i_.. - t = ( ..................`...... �� N .... O T= _ Ir '�=`'�y ROCOTdCIj otary Public in and for said County and State. 'i� M-584 5-57 BOOKS321Q PACEi81 CERTIFICATE OF ACCEPTANCE TU2 im to .certify that the intereot in real nraperty conveyed by Deed of Grant dated December ,7 .�_ 1960 from Frank G Clark a d Etta I. Clark to the Cit; of Redlands, a political c orpDration arid/or governmental abeney is hereby accepted by order of t6.e City L Iouncil on _November 22 ��. .. = 19 60 = and the Grantee consents to re— car anti on thereof by its dal �' authorized officer. Dated: Januar�r� 4 i'� 6 �— C� y .Hap -ager 0 P T I 0 N In consideration of the sum of one dollar, to me in hand paid by Clifford L. Brewster, the receipt of which is hereby acknowledged, we do hereby agree to sell and convey to Clifford L. Brewster or assigns, the property at #001 West Citrus Avenue, City of Redlands, legal description: Lot I Brookside Sub, Book 17, Page 1, records of San Bernardino County, for a fi ure of twenty seven thousand five hundred dollars W,500.00) cash, plus the increased amount that would be involved in taking the cash instead of taking 29 down for income tax purposesy this Option is good for 120 days from date hereof, the Option does not include the improvements and equipment, same belonging to Ora E. and Willa K. Stewart, and a satisfactory agreement would have to be reached with them before this sale could be consumated, it is, also, agreed that Clifford L. Brewster, Realtor, is to receive a commission of 5% on the $27,500.00, less X459.00 previously paid Pyr. Brewster when the property was leased from TySr. and Mrs. -Clark to Mr. and Mrs. Stewart. Dated this % 017 day of September, 1960. -�* 11-7 "�ZWL ✓ l d".L-- /S-3—gned-Frankar 6igne tta 1. Clark. M.3.'3/2 2 P 5 -u -b No. 2 AA, B. 814,5 O" PAS. 17/1 a i.:�vio 'Por c •POOnes -7 v,`TR US AV E. 07 POR. SL K, lei 20 21 17 13 (COD) ifo :10 NATIpNAL J.AW , Vg ASSOCIATION Redlands Branch Date January 10 1961 ESCROW STATEMENT Statement of Gity of Redlands, Escrow No. �63.0-2o674(with Frank U. and ytta 1. Clark) 6 ITEMS I DEBITS I CREDITS Consideration: Sale ........................................... ..... _..................................................................................................... Loan............ ....... ........ ......................................... ................................... ._................... ____ ....... Outsideof Escrow ................................ _...................................................................---.....-----...------------. .--............... PurchaseMoney Trust Deed.. ........... ..... ............... ............ _-_ .............................................................. Balance of Mortgage or Trust Deed of Record ............... ................ _....... _..................................... .............. _........................................ ..._................................. ................... ._............... I .......... ...-....................................-................... InterestAdjustment.. ............. ................................... ............. . .................................. . ....................... . .................. _..... _............................................................................................................. ....... ........ ................................................................. Tax Pro Rata ..... _.....2nd---nsta. am.ent....1964'-61----tins................................................... Insurance Pro Rata ..... _-........... ............................ ............ ....-.-_'_........................ ................................... _................... . Rent Pro Rata------ .................................... ................ -.................................................... ............ ............. ..-..._................ . CurrentMut. Mtg. Ins. Pro Rata .............. _.......................................... .............. .............. _................. -.......... LoanTrust Funds ....................... .............. ........................................................ ............................................................... Deposited ....................... by-C-it�....o.�r....ft8'd'�ards on 1f4/61........................---......-----......... .......................................................................................................................-_.................................................... TitlePolicy............................................................................................................................................................................... InternalRevenue Stamps.......................................................................................................................................... ReconveyanceFee ........ -.................................................................................................................................................. Taxes.. ................ .......... ............................. ...................................... ...... --.............. ----- Assessments or Bonds...._... . ........................... ...... . ............. ............................................. TaxService Contract........................_............................................................_.....................------------------------....--••------•- Recording:....................................... . ........--......-... ....................... _............ ....................... _....................................... .............. ........................... ............................................ ...... _................................. --•--------- NIL Payment Mortgage or Trust Deed..._... ....................... -.............................................. _................ ...., Int. on$----...............•----••..............@..................% froze.................. to .......... ......... ...................... _......._......................................... ............... ..................................................................................................................... ....... ...... _-""'-...1 . . ......................... ............... ........I ................. .......... .............. . PaymentMortgage or Trust Deed.................................................................................................._..------•.... Int. on $ .......................................... @.................. 170 fronx......-......................... ............... .to .......................... ........... .............. ..�............... ................. ........................................... ........ -.......................... ............................................................. ... .... ..................................... _............. ..... ......................... ---................. ........................................... .................. ................... I .................. Commission-------...................................................................................................................................................................... ........................................................... ................. ..................................................... TermiteReport...... __...... .. ................................................................................................... ...... Escrow Fee ............ .............�'��..............................................------------ Completing Forms.......... ............... ..................................... _--.............. ................... .................................. ......... r ...............................................................--�------................ ....... ............ .................................................. Notary Fees...._. ........... ............................................ .......... ..................... ...................... __................... RealEstate Loan Fees .......... ....................... ............ ..................................... .......................... ....................... ........... _.................................. -.............................................................. ........................... ................. ......-..................... . Check to Balance ........... __............. .................................. .................. ........................ ....................... - ..................... ... .... TOTALS 2 0 1 6 ait ! 2 9.1 6 g 1.1 3 THIS FORM SHOULD BE RETAINED FOR INCOME TAX PURPOSES TRU-mot 10-58 NATIONAL ASSOCIATION Redlands Branch Date January 10th 1961 City of Aedlands, a I°'IunicWRLJ01,Yp§1T '�g*ENT Statement of igith Ora E. Stewart and 'di1.1a 1�. Steuart ) Escrow No. 630-20674 ITEMS DEBITS CREDITS Consideration: Sal Outside of Escrow PurchaseMoney Trust Deed. ..... ........... ........................._...........-----......................------•-----.......................... Balance of Mortgage or Trust Deed of Record .............. .......... ................. _ ......................... ...... - ......................_. .........................._.........-........... -..................... -................ ....................................... ---- ......................... InterestAdjustment ................................ ........... .............................................................. ......................... ............. _. TaxPro Rata ..... -....................................... .......... ...-.............. ...-...-------.........................................-----................... InsurancePro Rata .......-...................... --................................................ ................... ........ ....-...-- .......... -............. RentPro Rata................................................................................................................................................................ Current Mut. Nltg. Ins. Pro Rata ........................................ ......................................... -- ............... ......... LoanTrust Funds ................ .................. .... ................................ ................................. -........................................... -------- --------- ................... R . Deposited: ......................................................................................................•--..................................-............................ TitlePolicy ................. ........................................................................................ ................................................... --....... InternalRevenue Stamps ............................ .............. ........................................... -............ ............. ....... .......-.... ReconveyanceFee ----- ----------- ....................................................................................... ..... ......................................... Taxes ....................................................................................... ••......................................... -......................... ......... Assessmentsor Bonds .................... -............... -............................................................ .....--........................... TaxService Contract .................................................................. ...................._...................................---•------........... Recording :....................... .. Payment Mortgage or Trust Deed .................................. ................. Int. on $ .......................... ................@.........-- ..... % from ...................................... Payment Mortgage or Trust Deed....... Int. on $ ...................................... --@.................. % f C Termite Report....... Escrow Fee ................. Completing Form Notary Fees ................. ........ Real Estate Loan Fee Checkto Balance ................. .............. --- .......... ............. ....................... ..................... ............ .....,................... .... TOTALS ' i+ THIS FORM SHOULD BE RETAINED FOR INCOME TAX PURPOSES TRU-902 NZO _ - ESCROW INSTRUCTIONS (REAL ESTATE TRANSACTION) To: I-Auttk of A tterirt. Escrow No. _ NATIONAL reusLtr ASSOCIATION w 3nv�4� .:: Escrow Officerl.4174-:{ Branch w - dl , California c- er 7th 19 ._ In consideration of your `acting as escrow holder herein, it is agreed that you shall in no case or event be liable for forgeries or false personation 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. I hand you(W.00 and will deliver to you any notes; instruments and additiotial funds required from me to enable you to comply with these instructions, ah of which you are authorized and instructed to use and deliver provided instruments have been filed for record entitling you to procure :a Policy of Title Insurance issued by with a liability of $ covering property in the C4 ty of lied' a County of Stare of California, as per map retarded in Book , age iii Bernardino Records of said County, described as follows: ` y g The rizh�;i,' �.0 ad 0r i o "�.: c� �� t 13 h,9 1957, id e'�a Go G�'r e , eta X. Clarka.9 stirs, Ora S. .ism . A a hUsband a e, Lessee, covering the A& W Drive Innis, 301 W. Citrus Are.2 Redlandoo California. Showing ritlevested In subject to., (1)�.t General and Special taxes for the fiscal year 19 19 INCLUDING ANA' SPECIAL DISTRICT. LEVIES, P ONNTS FOR. WHICH ARE INCLUDED THEREIN AN , OLLECI'EI?., EREWITH. (2) Assessments and Bonds, not delinquent, unpaid balance mile 01 Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file. (4) Mortgage — Deed,of Trus€.securing an indebtedness of as per its terms, now of record, unpaid balance of roue principal none 6) Mortgage—Deed of Trust on form, executed by securing Note for 210M in 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 $ ne OR MORE, each on the day of every month, beginning `the fool provisions is are a of this es u► ; ith ` h the ese is to e liabty� 1. All personal proporty & buildings on the premises to remain the property.of Stevartp to b removed 2rom the premises ., within 6 months. clue of h . Stewart ro 2Ae 7.59 Unless otherwise provided make all adjustments on basis of 30 -day month, based on latest available figures in case of Taxes and Assessments or Bonds, principal and interest on encumbrances of record based on statements by Mortgagees or holders of notes for collection, interest on new encum- brances by endorsement on notes, and rents on basis of statement approved by me. Assume that insurance premiums are paid and transfer on behalf of parties hereto any fire insurance policies as handed you. Forward such policies, upon close of escrow, to agent with the request that insurer consent to such transfer or attach Loss Payable or Mortgagee's Clause or other additions or corrections, and that agent thereafter forward such policies to parties entitled thereto. The expression "close of escrow" if written in these instructions shall mean the date instruments are filed for record or registration. You are to cause no examination or report to be made on state, county or city taxes, either real or personal, orstatecorporation taxes for the year - stated in paragraph ( 1) above prior to date first instalment payments are due and payable, and you are to order no special tax report except as herein otherwise specifically instructed. It is understood that all disbursements shall be made to parties in interest, by your remittance and that remittance and instruments will be mailed to one of the parties entitled thereto, if more than one, to address given below. Instruct County Recorder to mail instruments in the same manner. jWbuibo Prepare Hit r from I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute..-feelot recprd.ing. , your escrow fee gnd one-half If you are unable to comply with these instructions on or prior to Jenny % 1--0&— you will comply as soon thereafter as possible unless a written demand for return of money or instruments by a party to this escrow is received by you subsequent to such date and prior to .the recording of any instrument provided for herein. Signature i�'ta�ure LVI��Z= Address Address • Workmany Uity Manager, Telephone ' s. ! Telephone The foregoing instructions and conditions are hereby approved and accepted in their entirety and concurred in by me. I will supply you with funds, notes and instruments required From me to enable you to comply with the instructions, which you are authorized to use and deliver provided you hold for my account any instruments accruing to me and the sum of ;Si a ow w [g Deduct all my expenses from funds accruing to me. I will pay, on demand, regardless of the consummation of this escrow, all charges inctiurred by you for me (except those other party has agreed to pay), including title charge, fee for preparing instruments I execute, your. escrow fee and Prepare Assiznmezit of Lease from Stewart & Attach Internal Revenue Stamps m the amount of K t(=c i et pltphe City of Redlands,, a 1.1unici al . none corporatidh Pay Commission of $ none to License No. Make following disposition of proceeds due me - 1. Credit Com'l account of Sava Branch. 2. Mail Check to me at 3. The undersigned instructs you to nay the Defrand of the Bank o. -L" America N.T. & S.A. Redlands Branch, for iull Reconveyance of the )eed of `frust of Aecu,-d. Their login #403-000993,. 4. You will charge the acewant W: the undersigned, and credit the account of Frank G. Clara & vlta i. Clark, huabaad and wife, _ :dor tho lst ins tal7anent of the 1 0-61 County of San iJernardino taxes which have been paid by them. This covering escrow concurrent herewith, 5. The itnrlersi fined hereby approve the provisions as contained in the buyers escrow instructions as set forth herein. Signature ce-1-C, w Signature Address (Ora S. Stewart 328 Idlac Court,* Telephone Reaanas, California• Address v Telephone ESCROW INSTRUCTIO''i'�IS (REAL ESTATE TRANSACTION) To: .:► attlZ of AE ert-ra Escrow No.63o-2 74 NATIONAL sR.�.vinro ASSOCIATION Li.1lianAbrariamson IRedEscrow Officer i ds Branch ,60 as California eco 7 —19— In 19In 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 personations 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. I Will hand you 629.'0W.W and will deliver to you any notes, instruments and additional funds required from nye 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 to procure assurance of title in the form of a standard e Roneer Title Insurance Company Policy of Title Insurance issued by �t in its usual form, with a liability of $ 4 covering property in the cityof Recamds County of San �llardjno State of California, as per map recorded in Book , Page of Records of said County„ described as follows: Lot 1 Brookside 11veme Subdivisio j, in the City of Redlands,, County of San Bernardino as per plat recorded in Book 17 page 1 of Maps., reeords of said. Countye showing title vested in.- subject n:60 61 subject to: (1) none General and Special taxes for the fiscal year 19 19 INCLUDING ANY SPECIAL DISTRICT LEVIES, PAYMENTS FOR WHICH ARE INCLUDED THEREIN AND COLLECTED THEREWITH. (3) Assessments and Bonds, not delinquent, unpaid balance Home 0) 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 n9neas per its terms, now of record, unpaid balance of principal $ gone (;) Mortgage — Deed of Trust on securing Noce for S none in favor of form, executed by The following adjustments ONLY are required in this escrow: 4the account o the eU rjq and t1le acco=t of the buyer,, with the 2nd installment of tie. 196MI County of San Bernardino taxes. Unless otherwise provided make all adjustments on basis of 30 -day month, based on latest available figures in case of Taxes and Assessments or Bonds, principal and interest on encumbrances of record based on statements by Mortgagees or holders of notes for collection, interest on new encum- brances by endorsement on notes, and rents an basis of statement approved by me. Assume that insurance premiums are paid and transfer on behalf of parties hereto any fire insurance policies as handed you. Forward such policies, upon close of escrow, to agent with the request that insurer consent to such transfer or attach Loss Payable. or Mortgagee's Clause or other additions or corrections, and that agent thereafter forward such policies to parties entitled thereto. The expression "close of escrow" if written in these instructions shall mean the date instruments are filed for record or registration. You are to cause no examination or report to be made on state, county or city taxes, either real or personal, or state corporation taxes for the year stated in paragraph (1) above prior tQ date first instalment payments are due and payable, and you are to order no special tax report except as herein otherwise specifically instructed. It is understood that all dishursements shall be made to parties in interest, by your remittance and that remittance and instruments will be mailed to one of the parties entitled thereto, if more than one, to address given below. Instruct County Recorder to mail instruments in the same manner. Deliver Title Policy to 1Yrt1@ ilndeY'si,. Prepare 1. from 1 will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including fee for preparing instruments I execute fee for. re,CQi,your usual One—half escrow fee and I.f you are unable to comply with these instructions on or prior to J4auary 5thp 1MI you will comply as soon thereafter as possible unless a written demand for return of money or instruments by a party to this escrow is received by you subsequent to such date and prior to the recording of any instrument provided for herein. Signature ailtry OF ore AAddress _e _ Address Fr F-_ i. Workman, City Managers Telephone _ a21igo=4 Telephone The foregoing instructions and conditions are hereby approved and accepted in their entirety and concurred in by me. I will supply you with funds, notes and instruments required from me to enable you to comply with the instructions, which you are authorized to use and deliver provided you hold for my account any instruments accruing to me and the sum of ,$ 29.000.00 Order search of title at once. Deduct all my expenses from funds accruing to me. I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me (except those other party has agreed to pay), including title charge, fee for preparing instruments I execute, your ugUgl one-half escrow fee and Prepare Grant Deed from �+ie3^i`y et ux to Lity of Redlands, a iAuAcipal corporatioi Attach Internal Revenue Stamps in the amount of $ 31.90 to Deed I execute. Pay Commission of $ 991.00 to Ulifiord L. Brewster, 105 E. citrus Ave., Redlands,* Calif. License N-9788 Make following disposition of proceeds due me: 1. Credit Com'l account of Say. Z. Mail Check to me at Branch. 3. The undersigned hereby instructs you to credit the ac punt of Ura Stewart & Jil-La Ke Stmt, bus and and wife,* with the amount of $35.00, representing adjuotfl►e*><t on rent, covering lease dated XV 18th, 1957, which escrow is eoncurre-`ZA 0 herewith. r1 l' C Signature �� l ��' Signatures Address (Drank G. Clark) Address _ 3464 CrenevJ ave, San Bernardino,, calif:ornia Telephone -M a ione (z-tta 1. Clark) yl.;:.. (NE'llf Eal C110H) . "�1 T OF LERASE ASSIGNI'41-1� and AGREEMENT FOR TEHfPORARY 0CCUP--),X-CY ASSIGNMENT We, the undersigned, Ora E. Stewart and Willa K. Stewart, hereby assign and sell to City of Redlands, a Municipal Corpora- tion, all our right, title, and interest in and to that certain Lease dated May 18, 1957, by and between Frank G. Clark and Etta 1. Clark, as Lessors, and Ora E. Stewart and Willa K. L)tewart, husband and wife, as Lessee, covering the premises at 301 West Citrus Avenue in the City of Redlands, County of San Bernardino, State of California, and described as follows: Lot I of Brookside Subdivision, City of Redlands, County of San Bernardino, State of California. It is hereby agreed: AGREE-' fE N T I That all, pef-sonal property and buildings located an said prem!6es sha.� I remain the property of Ora E. Ste -wart and Willa I X. Stewart, to be removed from the premises before July 1, 1961. �tewaxt shall have the option to leave any such property or buildings without obligation to remove the same. Any personal property or buildings remaining on said premises after the premises have been vacated by Stewart or which remain after July 1, 1961, shall become the property of the City of Redlands. IT Said pre rises shall be deemed to be vacated upon a written notice to the City of Redlands that said premises have been vacated. TIT Stewart shall be allowed to remain in pos6ession rent free and to continue present operations until said premises ars; 1 vacated, but in no event later than July 1, 1961. IV Stewart hereby grants to the City of Redlands the right to re-enter said premises and take possession of all property there- on on July 1, 1961, or at such earlier date that the premises are vacated. V Stewart shall pay all going operating expenses and utilities during the term of said occupancy, except taxes, which, if any, shall be the obligation of the City of Redlands. VI Stewart does hereby covenant to hold the City of Redlands harm- less from all liability arising out of personal injury or property damage and to maintain adequate insurance protection therefor. VII All the rights and duties provided in this agreement shall apply to the assignees, grantees, and successors in interest of Ora E. Stewart and Willa K. Stewart and the City of Redlands res- pectively. No persons other than the Stewarts, or their agents or employees, shall have possession of the premises and continue present operations unless the City shall give written consent and approval to such change of possession. Dated 0 L, � Z) e I -a, a t- � OE. Stewart /4A J r 'villa K. Stewart CITY OF REDLANDS, a Municipal Corporation By City Manager P-21 4-60 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 carp=ration, together herein called the Company, for a valrn- 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 Iien 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 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 sho-in 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 Fitness Whereof the companies have caused their corporate names and seals to be hereunto affixed by their duly authorized officers on tl.e date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY PIONEER TITLE INSURA\TCE COMPANY by PRESIDENT PRESIDENT Attest Secretary of Pioneer Title Insurance Company and Asst Secretaiy of Title Insurance and Trust Company P21A-B 4.60 California Land Title Assaclatiort Standard Coverage Policy Forel Copyright 1960 SCHEDULE A Effective January 6, 1961 Amount $29,000.00 Date at 8:00 a.m. INSURED CITY OF REDLANDS a Municipal corporation Fee $ 156.00 Policy No. 422629 1. 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 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. P21 Cent. 4-60 California Land Title Association Standard Coverage Policy Farm Copyright 1960 1. Right of way making, laying, or pipes that ma Water Company, a May 2, 1882, an S C H E D U L E B— (Continued) PART II free of cost or damages for the purpose of repairing and improving all irrigating ditches y be required, as contained in the deed to Redlands corporation, and its successors and assigns, dated d recorded in Book 29 of Deeds, Page 65. M I P21C 9-56 California Land Title Association Standard Coverage Policy Form SCHEDULE C Copyright 1960 The land referred to in this policy is described as follows: Lot 1, BROOKSIDE AVENUE SUBDIVISION, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 17 of Maps, Page 1, records of said County. go p•z1nq.60 CONDITIONS AND STIPULATIONS Cpllfernia load Title Association 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, specifically or by reference, fa Schedule C and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not construe, tivc knowledge or notice which may be imputed to the Insured by reason of any public records ; (d) "date": the effective date; and (c) "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 referred to as"the In- sured" herein, "the Insured" shall inelusic (1) each successor in ownership of such indebtedness, (2) any such owner or successor in ownership of any Until indebtedness who acquires the land described in Schedule C or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, and (3) any governmental agency or instrumentality acquiring said hind under an insurance contract or guarantee insuring or guaranteeing said Indebtedness or any part thereof. 2. EXCLU5IONS 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 not limitedto building and zoning ordinances) restricting, regulating or prohibiting the occupancy, use or enjoyment of the land, or the char. 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 say hat nr parcel of land. (b) Governmental rights of police power or call. sent domain unless notice of judicial action to exer. cise such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the premises expressly described ii, Schedule C, or title to streets, roads, avenues, lanes or ways on which such premises abut, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, or any rights or cosements therein unless this policy specifically provides that such property, rights or case. ments 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 ar otherwise excepted or excluded here'". (d) Defects, lions, encumbrances, adverse claims against the title as insured or other matters (1) cre- ated, 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 loss to the Insured, or (R) attaching or created subsequent to the date hereof. (c) Loss or damage which would not have been sustained if the Insured were a bona fide purchaser or encumbrancer for value. 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. eecdings commenced against the Insured, which litiga. tion is founded upon a defect, lien or encumbrance insured against by this policy, and may pursue such litigation to final determination in the court of ]nsl resort. (b) In 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 can" 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 an 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 p€endings 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 renaon of claimed unmarketability of the title, then all liability of the Company in regard to the subject mat. ter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually preju. diced by such failure and then only to the client of such prejudice. (c) The Company shall have the right at its own cost 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 re. 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 dc. fence 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. Whenever requested by the Company the Insured shall give the Company all assistance in any such action or proceeding, in effecting settlement, securing evidence, obtaining wit. nesses, or prosecuting or defending such action 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 loss or damage shall have been doter - rallied and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within one year after expiration of said' thirty day period. Failure to furnish such statement of loss or damage, or to com- mence such action within the time hereinbefore speci. Pied, 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, nt. the 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 accrued costs which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. (b) In case loss is claimed under this policy by an Ensured owner on an indebtedness secured by a mortgage or deed of trust the Company at its option may pay such Insured ars amount equal to such In. debtedness, together with all costs 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 so - rated 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 *bull in no case exceed, in all, the direct loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay; in addition to any loss insured against by Shia policy, all costa 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 ander this policy (1) 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 reasons ble time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as uamarkct- 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 made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mortgage or deed of trust shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of, the insurance afforded hereunder re to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage or deed of trust. (c) When lisbil-tty has been definitely fixed in accordance with the conditions of this policy the lose or damage shall he payable within thirty days there. after. 7. 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 or decd of trust shown or velcrred to in Schedule B hereof or any mortgage or decd of trust hereafter executed by the Insured which is a charge or lien on the land described or referred to in Sebed. tile C. The provisions of this paragraph numbered 7 shall not apply to an Insured owner of an indebted - near secured by a mortgage or decd of trust shown in Schedule B unless such Insured acquires title to said land in Satisfaction of said indebtedness or any part thereof. B, 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. If the cost of the alteration or improvement ex. ceeds 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 policy bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. The fore- going provisions shall not apply to costs and attar. neys' fees incurred by the Company in prosecuting or providing for the defense of actions ar 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 losses 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 coinsurance provisions shall not apply to any lues if, at the time of the occurrence of such loss, the then value of the premises, ns 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 %cured by a mortgage or deed of trust shown in Schedule B prior to acquisition of title to said land in satisfaction of said indebted. ness or any part thereof. (h) 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 us one single site, and a loss is established affect. ing one or marc of said parcels but not all, the loss shall 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 on the date of this policy of each separate independent parcel to the whole, exclusive of any improvements made subsequent to the date of tbis policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Com. parry and the Insured at the time of the issuance of th€s 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 subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, tho Company Shall be subrogated to Such rights and remedies in the proportion which said payment hears to the amount of said lose, If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in shut 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. parry, shall transfer to the Company all rights and rcmedias against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to tine the name of the Insured in any transaction or litigation involving such rights or remedies. 10. POLICY ENTIRE CONTRACT All act -sons or proceedings against the Company must be based on the provisions of this policy. Any other action or actions or rights of action that the Insured may have or may hying 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 ibis policy can be waived or changed except by writing endorsed hereon or auacbed 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, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 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 "llow,lig the tract )f hilti 1�ZC) 0 vl --': ! D T -L A,\( R- U E FA, V5 R 0 0 K s \ C) -)C:- A\4 ).