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HomeMy WebLinkAboutDeeds & Easements_K-24 V Do Hereby Grant To 3•.5`I -7V REVENUE STAMPS IN THIS SPACE Grant Deed (Individual) [SOOK5592 PACE 431 I. R. S. $ 13.-20 DONAID.Il.....BECLE.D _and, QLAz 5. BECKCRDr husband -and -wife; and EDMUND L. ZANDER and. FLORENCE M. ZANDER, husband and wife (GRANTOR - GRANTORS) FOR A VALUABLE CONSIDERATION, receipt pf which is hereby acknowledged, CITY OF REDLANDS, a Municipal_corporatLian the real property in the County of S f err? ci_iao , State of California, described as follows: The Easterly 16446 feet of the Southwest 1/Zl of Lot 20 BARTON RANCH, as per plat recor,Ad in Book 6 of i°iaps, page 19, records of said County. EXCEPTING therefrom the northerly 132 feet. ° - Area of the above described parcel is 2.00 acres. Note: The area and distances of the above described parcel are computed to the centerlines of the adjoining streets shown on said plat. All of the General and Special taxes SUBJECT TO: for the fiscal year 1961-62 Covenants, conditions, restrictions, reservations,rights, rights of way and easements of record;. Dated .Pctober llth, Tff9 6J. STATE OF CALIFOjPQIA COUNTY OF San Bernardino On October llth, 1961 before me, 'Lillian Abrahamaon a Notary Public in and for said County and State, person- ally appeared Donald C. Beckordlad rs Beckord3 and Edmund LA Zander...& Florence M. Zander known to me to be the person S whose name subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. i Notary Public in and for said County and State. (Se�LL ORAL c C%111 wit. : « l✓J./✓✓✓✓✓✓0000 /./J.../J.../0C,0./.../I ll0000./J✓✓✓✓./1..././✓✓✓0:7000 /' WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO City of Redlands., City Hall, Redlanda, California ORDER No ESCROW No 63Q-209Q9 SPACE BELOW FOR RECORDER'S USE ONLY 21 PRO ()STATED RECORDED AT REQUEST OB SECURITY TITLE INSURANCE CO. NOV 22 1961 at 8 r� A.M. BOOR 5592 PAGE 431 OFFICIAL RECORDS San Bernardino County; Calif, TED R. CARPENTER, Bec.rder My Commission Expires L-1 (G.S.) 4-25-56 (8 pt.) (Rev. 11-48) ;)2As GOOK5592 PAGE 432 October 11 & Edmund L and Florence M. Zander November 7 November 21 61, 61 61 Donal?. C. and Gladys M. Beckord 0- P-116 (G.S.) (Rev. 5-60) 5-13-60 _ /6 S�CLJRITY 'TIrT'L� INSURANCE COMPANY San Bernardino Office (See inside cover for address) TUrner Phone No 9-3531 PRELIMINARY REPORT .Bank of America NT&SA P. O. Box 60 Redlands, California • Attention: Lillian Abrahamson Vestee: DONALD C. BECKORD AND GLADYS BECKORD, husband and wife, as joint tenants, as to EDMUND L. ZANDER AND FLORENCE M. ZANDER, husband and wife, as joint tenants, as to Subject to: Your Order No._63.0-20909 7 Our Order No..-..351°74 Dated as of 10/9/61 7:30 A.M. In connection with this report, call or write Wm. Anderson Title Officer an undivided 1/2 interest, and an undivided 1/2 interest. 1. General and special taxes for the fiscal year 1961-62, now a lien, not yet dueor payable. 2. An easement to the public in and to that portion of property herein described lying within Park Avenue, as shown on the recorded map of said Subdivision. 3. A right of way of undisclosed route and width for pipes, ditches, conduits, and incidental purposes, as reserved in the deed from Hiram M. Barton, et al., recorded March 21, 1907, in book 394 of Deeds, page 91, records of said County. 4. An easement for the construction, maintenance and operation of electric lines and telephone lines and cables and incidental purposes, as granted to Southern California Edison Company, Ltd., a corporation, by deed recorded June 25, 1946, in book 1905, page 490, Official Records. 5. A deed of trust to secure an indebtedness as hereinafter set out and any other amounts payable under the terms thereof: Dated: August 16, 1961 Trustor: Donald C. Beckord and Gladys Beckord, husband and wife, and Edmund L. Zander and Florence Zander, husband and wife Trustee: Bank of America National Trust andSavings Association, a national banking association Beneficiary: Emma Haberman, a widow Amount: $28,000.00 Recorded: September 18, 1961, in book 5537, page 336, Official Records. (Includes other property) Page 1 (Continued) This report is issued preliminary to recordation, final closing, and issuance of policy of title insurance in con- nection with this order. Our liability is solely that expressed in such policy. No separate liability is assumed by this report except that if no policy is issued under this order the amount paid for this report shall be the maximum liability of the company. Said deed of trust recites that it is given to secure a portion of the purchase price. DESCRIPTION of the land in the County of San Bernardino, State of California, title to which is covered by this report: 4�Qr� `The East 15.85 feet of The Southwest 1/4 of Lot 20, Barton Ranch, as per plat recorded in book 6 of Maps, page 19, records of said County. Excepting therefrom the North 132 feet. Note: The area and distances of the above described property are computed to the centers of the adjoining streets shown on said map. Note: Said land is also shown on Licensed Land Surveyor's Map recorded in book 3, page 27, records of Survey. Page 2 10/12/61 Pr J — COLTON - PARK -1 I Por. Barton Ranch M B- 6/19 73 4C 2 20AC Redlands outside Tox Code Area 10402 AVENUE 2 ©.5 4C AVENUE - z Note -Assessor's Blk. 8 Lot Numbers Shown in Circles Assessor's Map Book 292 Pape 18 San Bernardino County 292- l8 l69 25 ESCROW INSTRUCTIONS (REAL ESTATE TRANSACTION) - MEMO To: 04.111t. of America NATIONAL sav trg ASSOCIATION Redlands Redlands PAID OUTSIDErOF ESCROW CASH. THROUGH ESCROW UNPAID BALANCE OF ENCUMBRANCES OF RECORD 630440,09 Escrow No. Li-3 /ion. Abrahamson Escrow Officer Branch NEW ENCUMBRANCES October , Calif. TOTAL CONSIDERATION - `I , 19 61 In . consideration of your • acting asescrow holder herein, it is agreed that you shall in no ease or event be 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. In the event of such controversy, you shall be entitled to reasonable compensation for all services performed by you and to costs and reasonable attorney's fees if you intervene in or are made a party to any litigation; the undersigned jointly and severally agreeing to pay the same, and you shall further be entitled to hold all documents and monies deposited herein .pending payment thereof. We hand you12)s00 and will deliver to you any notes, instruments and additional funds required from me to enable you to comply with these in- structions, 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 usual form of a Standard OWNS Policy of Title Insurance, issued bySecarity Title insurance CO with a liability of $12y00011,00.' covering property in the County of Sala --6erriardinn State of 11 Orn3.J described as follows: The ilastly 165.85 feet of the Southwest 1./4 of 34ot 20 Barton rich, as per platree rded Book 60 of gaps, Page. 19, records of, said sty, EXCEPTING therefrom the 4 ort erly 132 feet. Area of the above des bed parcel is 2.00 acres. NOTE: The area, and distance,s of the above d_escribed peel are computed to the centexlin.es of the adjoing streets shown on said plat. As per map recorded in Book . - Page of Records of said County tarL. showing title vested in: X OF p D M a ici.pB..corporatiO subject to: (1) All General and Special taxes for the fiscal year 19 61 19 62 INCLUDING ANY SPECIAL DISTRICT LEVIES, PAYMENTS. FOR WHICH ARE INCLUDED TBEREIN AND COLLECTED THEREWITH, AND PERSONAL PROPERTY TAXES, IF ANY ASSESSED AGAINST ANY FORMER OWNER. (2) Assessments and Bonds, presently of record, having a present unpaid balance of lone. (3) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record (4) Deed of Trust securing an indebtedness of $ none , as per its terms, now of record, unpaid balance of principal $ none . Any difference in unpaid balance as disclosed by beneficiary statement will be adjusted through escrow so that the total consideration remains unchanged. (5) Deed of Trust on Bank of America N.T. & S.A. form, executed by securing a Note for $ none in favor of dated during escrow with interest at per cent per annum, from payable principal and interest due and payable in instalments of $ day of every month, beginning .none at OR MORE, each on the and continuing until As a matter of r eco,rci only, with which you as the ` escrow holder are not The crop of fruit now on the trees is not a part of the consideration, be harvested by : the sellers, on or before .F'ebrig ry 1st, 1962. 2* further,.. the oil heaters now on the property involved herein,: is not a consideration. As of None. close escro to.be concerned: and the crop is to part of the the following adjustments and proration only are required in this escrow: TRU-245 11-50 (REVISED) Unless otherwise provided make all prorations and adjustments on basis of 30 day month; real property taxes, and as- sessments or bonds on figures provided by Title Report, excluding taxes on Personal Property not being conveyed through this escrow; rents on basis of statement approved by me; principal and interest on encumbrances of record based on statements by Beneficiary or holders of notes for collection; and interest on new encumbrances by endorsements on notes. Seller represents and you are to assume that the premium on any insurance policy which seller hands to you'or causes to be handed to you in this escrow, or which is revealed to be in the possession of a beneficiary, has been paid in full and that such policy has not been hypothecated. Forward such policies and/or endorsement forms to be attached thereto, if any, after close of escrow to the agent with a request that the insurer consent to the transfer thereof and/or the attachment of loss - payable endorsement or mortgagee's clause or other additions or corrections as required, and that the agent thereafter forward such policies and/or the endorsements thereto to the parties entitled thereto. Seller will pay prior to delinquency all taxes on real and personal property not being sold herein, which tax is a lien on the herein described real property. You are not to be concerned with same. It is agreed by the parties hereto that so far as your rights and liabilities are concerned, this transaction is an escrow and not any other legal relation and you are an escrow bolder only. The expression "close of escrow" if written in these instructions shall mean the date instruments are filed for record. It is understood that all disbursements shall bemade 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 the undersigned buyers I will -pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for, me, including your usual escrow fee and usual charges, unlessotherwise provided. IF YOU ARE UNABLE TO COMPLY WITH THESE INSTRUCTIONS ON OR PRIOR TO licarembr , 1961 YOU WILL COMPLY AS SOONTHEREAFTER 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 Signatureei ty o .Uefil A-r ri $ : sa raa Address Address Telephone John . Jones, Director pa,7- Ham, Redlands, California. 1H.b1io °tics, Telephone THE FOREGOING INSTRUCTIONS AND CONDITIONS ARE -HEREBY APPROVED AND ACCEPTED IN THEIR EN- TIRETY AND CONCURRED IN BY ME. I will supply you with funds, notes and instruments .required from me to enable you to comply with. these -instructions, which you are authorized to use and deliver provided you hold for my account any instruments accruing: to me and the sum of. $12,0000.00 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 tide charge, fee for. preparing instruments I execute, your usual escrow fee and usual charges, unless otherwise provided. Internal Revenue Stamps are to be affixed to Deed I execute in the amount of $13+ 20 Make following disposition of proceeds due me: Com'1 at our Branch. L Credit say. account of y 2. Mail Check to me at 3. The undersigned instructs you to pay the Deed fo Partial R onveyance to -Alma Eaberman, representing a .0 per acre, or ;12,000.00, for the two (2) act being conveyed herein. 4. The -undersigned sellers hereby agree to .ary € n :or before -February lst, Z962g of fruit on his property, Signature er 3..P843 ewe 4—X6t - Signature ! Redlands, Qalifornia Address Address Gladys Beckord Telephone • . Telephone Donald+. leekordt :Florence Zander CROW INSTRUCTIONS (REAL ESTATE TRANSACTION) To: wank of Anterint NATIONAL a.Ws^,erg ASSOCIATION i?ectLands #630 Branch MEMO PAID OUTSIDE OF ESCROW $ CASH THROUGH ESCROW UNPAID BALANCE OF ENCUMBRANCES OF RECORD Exchange e equity 16, 000 • NEW ENCUMBRANCES f { MAfI�� E r 64.11clmaoii Redlands , Calif. TOTAL CONSIDERATION .;o,:: �I•v( car 2f3th,' 19 61 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 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_ In the event of such controversy, you shall be entitled to reasonable compensation for all services performed by you and to costs and reasonable attorney's fees if you intervene in or are made a party to any litigation, the undersigned jointly and severally agreeing to pay the same, and you shall further be entitled to hold all documents and monies deposited herein pending payment thereof. 1/ ; de will hand you a Grant Deed in favor of Don id C. Beckord, a married marl, .Edmund L. Zander,,,,9,3riaxried.:plaira, 3rlaxlcl, A..: + 11f•ye a:tarried.,marn, • al• i.; i. lice eenstra, a married man, each as • to an Undivided 1/4th interest, covering the property described` as- attached hereto: .i. rin ^ tr ' S'1E.1I1. T. rand willTdeliver to. you° any, note s,i instruments and additional futii2i3',.;require.dfrtm 1ne to ,enable -you' o; comply, .,,it t t.hese in- structions, all of which you are authorized an p. ` hAN e P� I` instructed to use and deliver rovde;3-instruments have been file for'record entitling you to procure assurance of title in the usual form of a Standard Owners' Policy of Title Insurance, issued by Security Title Insuri.:nee Go with a liability of $ 32,000.00 covering property in the County of San Bernardino State of Ualifornia described as follows: The Southwest 1/4 of Lot 20 Barton Ranch as per plat recorded in Book 6 of Maps, page 19, record! of said County. hXCEPTING therefrom the North-132 feet. ALSO EXCEPTING the East 164.46 feet of th! Southwest 1/4 of Lot 20 Barton stanch as per plat recorded in Book 6 of Maps, page 19, records of said. County. doter The area and distances of the above described property are computed to the centers of the adjoining streets shown on said map. Said land is also shown on Licensed Land Surveyor's N1ap record . in Book 3 page 27, ;lam ords of Survey q said Count yRecords of said County s per ma recor a rn od showing title vested in: • ern 0F RE;DLANDS, a Municipal corporation subject to: (1) 2nd l j2 General and Special taxes for the fiscal year 19 19 r INCLUDING ANY SPECIAL DISTRICT LEVIES, PAYMENTS FOR WHICH ARE INCLUDED EREIN AN8OLLECTED THEREWITH, AND PERSONAL PROPERTY TAXES, IF ANY, ASSESSED AGAINST ANY FORMER OWNER. (2) Assessments and Bonds, presently of record, having a present unpaid balance of none (3) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record (4) Dee o Trust securing an indebtedness of $ 28,000.00 as per its terms, now of record, unpaid balance of principal $ 16,000.00 . Any difference in unpaid balance as disclosed by beneficiary statement will be adjusted through escrow so that the total consideration remains unchanged. Loan in favor of Emma Haberman; payments an/111aJlyr of $2800.00 beginning 9/15/62; interest @ 6; payable semi-annually. (5) Deed of Trust on Bank of America N.T. & S.A. form, executed by securing a Note for $ node in favor of dated during escrow with interest at per cent per annum, from payable at principal and interest due and payable in instalments of $ OR MORE, each on the day of every month, beginning none and continuing until Also obtain for the..btiyors a certificate with appropriate assignment for seven () shares of the Grant Well Company, and one (1) share of the Barton Oil Protective Oil Association. To be presented to the water & oil companies for transfer to the names of City of Redlands, a Municipal corporation, retaining Pledgee rights in favor of Emma Haberman, a widow. As of close of escrow the following adjustments and prorations only are required in this escrow: Prorate taxes, and interest on the loan of record as set forth at item No. 4 above, as of the date of recording. TRU-245 11-60 (REVISED) Unless otherwise provided make all prorations and adjustments on basis of 30 day month; real property taxes, and as- sessments or bonds on figures provided by Title Report, excluding taxes on Personal Property not being conveyed through this escrow; rents on basis of stateinent approved by me; principal and interest on encumbrances of record based on statements by Beneficiary or holders of notes for collection; and interest on new encumbrances by endorsements on nots. Seller represents and you are to assume that the premium on any insurance policy which seller hands to you or causes to be handed to you in this escrow, or which is revealed to be in the possession of a beneficiary, has been paid in full and that such policy has not been hypothecated. Forward such policies and/or endorsement forms to be attached thereto, if any, after close of escrow to the agent with a request that the insurer consent to the transfer thereof and/or the attachment of Ioss- payable endorsement or mortgagee's clause or other additions or corrections as required, and that the agent thereafter forward such policies and/or the endorsements thereto to the parties entitled thereto. Seller will pay prior to delinquency all taxes on real and personal property not being sold herein, which tax is a lien on the herein described real property. You are not to be concerned with same. It is agreed by the parties hereto that so far as your rights and liabilities are concerned, this transaction is an escrow and not any other legal relation and you are an escrow holder only. The expression "close of escrow" if written in these instructions shall mean the date instruments are filed for record. 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. City of Redlands, a Municipal corporation Deliver Title Policy to I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including your usual escrow fee and usual charges, unless otherwise provided. IF YOU ARE UNABLE TO COMPLY WITH THESE INSTRUCTIONS ON OR PRIOR TO `j 23tfl, 1962 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 Signature City CLf__ Leci Lands, a tzicip . corporation Address -By: (--' Address Telephone City fla.I1, Redlands, California " • Telephone THE FOREGOING INSTRUCTIONS AND CONDITIONS ARE HEREBY APPROVED AND ACCEPTED IN THEIR EN- TIRETY AND CONCURRED IN BY ME. I will supply you with funds, notes and instruments required from me to enable you to comply with these instructions, which you are authorized to use and deliver provided you hold for my account any instruments ac rui g to the and he sum of no money, but a Grant Deed covering the property as attached hereto: title ves ec� in i;onaid. C. Beckord, a married Haan, :Edmund. L. � R P.max;r4 •r'�.=t�: ;"Hb A. Hill. a married,»lop, ; tM4:.,)t., Feolas ima4. solar rjea man,- gat 40, an f� =._:, � 't74:fht r Order search of title at once. Deduct all my expense 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 usual escrow fee and usualcharges, unless otherwise provided. ^a+t a\��7 XI1`OLGa''' coin xniE Crra bLor1ex3sa �xPea s s o 1sq; L,,,,,4,Internal•.Revenue Stamps are•to-be-affixed tozDreedtI execute inrtlieratn8ui i of $a'° '• �' Cr It'a'rs"'c4"q4n�'r g7" Make following disposition of proceeds due me: I. Credit CSavom'1 account of 2. Mail Check to me at at your Branch. 3. You are authorized and directed to pay any assessment on the 7 shares of the Grant Well Company, and 1 share of the Barton Oil Protective Oil, which inay be due or become due prior to the close of the escrow, Signature Address 'Donald C . Beckord 1OW 3 New srsey St.., Redlands, California. Telephone , 1,11.--cytAr‘ Ceti ignature Address Telephone AgIFAM • -. A .portian of �Biocl�� 29 Barton� Ranch in. the .City of Redlands, County of San Bernardino as per plat recorded in Book 6 of Baps, page 19, records of said County, described as follows Being that portion lying 'Yortherly of the north line of U.S. Highway 99, known also as State Route 26, and within that parcel of land described in the Deed to the City of Redlands, recorded in ]Book 182 page 312, of Deeds, in the offices of the County 2ecorder of said County. RESERVING TBE7,EPROM, an . easeincnt for the Standard Cif Company of California, as said easement is recorded in Book 1296 page 387, records of said County. The Southwest-1/4 of tot 20 Barton Rahch, as per plat recorded in Book 6 of Maps, page 19, records of said County. EXCEPTING therefrom the.. North 132 feet, ALSO EXCEPTING THEREFROM, the East 164.46 feet of the Southwest 1/4 of Lot 20 Barton Ranch as per plat recorded in Book 6 of Maps, page 19, records of said County. Note= The area and distances of the above described property are computed to the centers of.;theadjoining streets shown on said map.' aotes Said land is also shown on Licensed Land Surveyor's Map recorded in Book 3 page 27, records of Survey of said County. ESCROW INSTRUCTIONS (REAL ESTATE TRANSACTION) To: ! ,nk of America. NATIONAL s Lug ASSOCIATION MEMO PAID OUTSIDE OF ESCROW $ CASH THROUGH ESCROW UNPAID BALANCE OF ENCUMBRANCES OF RECORD L Exchange equity PodJ nds i/53Q Branch NEW ENCUMBRANCES aAele Fyn• f1 1']`..:3"1 nds , Calif- TOTAL CONSIDERATION r.� r1:11November 23th, , 'i' 6 �1. Lillieh4.414A4pson 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 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. In the event of such controversy, you shall be entitled to reasonable compensation for all services perf,•rmed by you and to costs and reasonable attorney's fees if you intervene in or are made a party to any litigation, the undersigned jointly and severally agreeing to pay the same, and you shall further be entitled to hold all documents and monies deposited herein pending payment thereof. /I ire wi.11 hand you,18,000.00, and you will be han'ed the sum of $2,000.00 for our credit by the Cit3 of Redlands, representing earnest money deposit made directly to them., and we will hand you a Grant Deed covering the following described. er propty, -title+ to, be_4ested..in.,t:J T� r 0 :-': R DLAND,S, cpe COII2ntnwniTOII O{ Cp7:i �;�7pa1 ti@332�Orfktion; or LUG(66C6bC : pose Orprst b3Lt}� =6Q e7 bs( I r. v7 ri ., te: :na pj and will deliver to you any notes, instruments and additional funds required from me to enable you to comply with these in- stcgu�; sbauc tuq huchz'rwuof 2 aauthd`tt.e aaaad rn�s f ere Yo 4 MI FiVii LErovITP C� rnstruments have beenftled or record • entitling you to procure assurance of true in the usual form of a Standard Joint protection! Policy of Title Insurance, issued by. .ity Title Insurance Co with a liability of $° 2,000.0-0 covering property in the County of described as follows: Sin Bernardino State ofCalifornia A portion of Block 29 (29) Barton Ranch, in the City of Redlands, County of °en erne dino, as per plat recorded in Book 6 of Maps page 19 records of said County, described as follows: Being that portion lying Northerly of tie North line of U.S. Highway 99, known also as State Route 26, and »r-thkn that parcel of land described in the Deed to the City of 1edlands1recorded in Hook 182 page 312 of Deeds in the ofiices of the County Recorder of said County. RESERVING theref oji al easermenor � the Standard Oi Co. of,Calif. as said easement i.s recorded in Book 1296Yt 7 age °rO f ic ecords or said County showing title vested in: DONALD G. B.DCKORD, a married man, EMUND L. ZANDER, a married man., HO JAR A. HI a married man, and M K. F`EENSTR&, a married mn, each as to an undivided 1/l4.th subject to: 11 �.,�7 � / General and Specialtaxes or the fiscalyear 19 19 interest. INCLUDING AN 5Fr'EC'i DISTRICT LEVIES, PAYMENTS FOR WHICH ARE INCLUDEDHEREI N4 O CTED THEREWITH, AND PERSONAL PROPERTY TAXES, IF ANY, ASSESSED AGAINST ANY FORMER OWNER. (2) Assessments and Bonds, presently of record, having a present unpaid balance of none (3) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record (4) Deed of Trust securing an indebtedness of $ , as per its terms, now of record, unpaid balance of principal $o . Any difference in u pa' balance as disclosed by beneficiary statement will be adjusted through escrow so that the total consideration remains unchanged. Puroohase ' ion (5) Deedo rust on Zander & Florence M. F eens'js'>zarring a Note for $ e f3'ank of America N.T. & S.A. form, executed by Donald G. Beckord & Gladys Beckord; Edmund L. Zander; Howard A. Hill & Marilyn M. Hill, and M. K. Feenstra & Evelyn 16,000.00 in favor of City of Redlands, a i1unipipal corporation. dated during escrow with interest at payable annua..1Iy per cent per annum, from it's adjusted date a'Redlands, California principal a i 6e skdue and payable in instalments of .$55333.00 OR MORE, each on the. 1st day of every EmituART month, beginning ebraary 1st, 1963, ao continuing unti'February 1st, 1965. Trust Deed is to recite: it is expressly agreed that so long as the Trustor shall not be in default in any of the covenants contained herein or in the payments due on -the Deed of Trust nott secured hereby, a partial recomreyance may be had and will be given from the lien or charge hereof `/ by payment of $10,000.00 to cover the corner of the property involved, to be bounded by 145 feet on H .ghway-99, and 167 feet on Texas Street with the ' iesterly boundary of 101 feet and the Northerly boundary of 130 feet; or the payment of 1,6,000.00 covering the balance of the property. As of the following adjustments and prorations only are required in this escrow: close of escrow You will adjust interest on the Deed of Trust note by endorsement thereon, as of the date of recording. TRU-245 11-60 (REVISED) Unless otherwise provided make all prorations and adjustments on basis of 30 day month; real property taxes, and as- sessments or bonds on figures provided by Title Report, excluding taxes on Personal Property not being conveyed through this escrow; rents on basis of statement approved by me; principal and interest on encumbrances of record based on statement, by Beneficiary or holders of notes for collection; and interest on new encumbrances by endorsements on notes. Seller represents and you are to assume that the premium on any insurance policy which seller hands to you or causes to be handed to you in this escrow, or which is revealed to be in the possession of a beneficiary, has been paid in full and that such policy has not been hypothecated. Forward such policies and/or endorsement forms to be attached thereto, if any, after close of escrow to the agent with a request that the insurer consent to the transfer thereof and/or the attachment of loss - payable endorsement or mortgagee's clause or other additions or corrections as required, and that the agent thereafter forward such policies and/or the endorsements thereto to the parties entitled thereto. Seller will pay prior to delinquency all taxes on real and personal property not being sold herein, which tax is a lien on the herein described real property. You are not to be concerned with same. It is agreed by the parties hereto that so far as your rights and liabilities are concerned, this transaction is an escrow and not any other legal relation and you are an escrow holder only. The expression "close of escrow" if written in these instructions shall mean the date instruments are filed for record. 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. Beneficiary under Deed of Trust to file; copy to the buyers. Deliver Title Policy to I will pay, on demand, regardless of the consummation of this escrow, all charges incurred by you for me, including your usual escrow fee and usual charges, unless otherwise provided. IF YOU ARE UNABLE TO COMPLY WITH THESE INSTRUCTIONS ON OR PRIOR TO January 28th, 1962* YOU WILL COMPLY AS SOON THEREAFTER AS POS + LE UNLESS A WRITTEN DEMAND FOR RETURN OF MONEY OR INSTRUMENTS BB A PARTY TO THIS ESCROW IS EIVED BY YOU SUBSEQUENT TO SUCH DATE,AND PRIOR TO THE RECORD F ANY IN `r PRO ID. •R HEREIN. Signature_ Signature / .r, '," 1�ii'l - ✓� 1�f� ' r;Ona-/-0, ., LieekOrd. Address 71081�.3 New Jersey St., Redlands,Ca'ress / �t'l'v`G t o ( Telepho e 1 Hai 7 � IA 1 � E!j Telephone on"card K« THE FOREGOING INSTRUCTIONS AND CONDITIONS ARE HEREBY APPR r 'D ACCEPTED IN THEIR EN- TIRETY AND CONCURRED IN BY ME. I will supply you with funds, notes and instruments required from me to enable you to comply with these instructions, which you are authorized to use and deliver provided you hold for my account any instruments �a�cct�r�u rig to me and the sum of $ 20,000.00! tog her` With. -a�"iaran�. ee `` (.71;� e t t� /V( KL.1112' ,t. x. f ,rl^„�gjy6, g (,5�$' !' 3 it f 6 [U R2 8 �' FA6"�Ir2ir.f/rL"6:1CL F 3 A6 1:5etr r q 2 t y of �; �o'1t6` ' Ctht Pl O I. tt delda iV anc a tac���e Inc eto: 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 this3escrow,-iilcharges:incurredjby you for me (except those other party has agreed to pay), including title charge, fee for preparing instruments I execute,syour'usua'l escrow -fee -and •usual^charges"unless-otherwise provided. Internal Revenue Stamps are to be affixed to Deed I execute in the amount of $ 57.20 Make following disposition of proceeds due me: 1. Credit Com'l account of at your Branch. Say, 2. Mail Check to me at CITY OF REDLANrDS, a 'Municipal corporation Signature /.t��/d.<' ��K%-( g .,� /� Signature Address Address c/o City Hall, Redlands, California Telephone Telephone A portion of Block 29 Barton fanch in the City of ttedIands, County of San Bernardino as per plat recorded in Book 6 of 'laps, page 19, records of said County, described as follows: Being that portion lying northerly of the V'orth line of U.S. Highway 99, known also as State Route. 26, and within that parcel of land described in the Deed to the City of Redlands, recorded in Book 182 page 312, of Deeds, in the offices of the County Recorder of said County. RESERVING THEREFROM, an easement for the Standard Oil Company of California, as said easement is recorded in Book 1296 page 387, records of said County. L1 The Southwest-1/4 of tot 20 Barton Rahch, as per plat recorded in Book 6 of Maps, page 19, records of said County. EXCEPTING therefrom theNorth 132 feet. ALSO EXCEPTING THEREFROM, the East 164.46 feet of the Southwest 1/4 of .Lot 20 .Barton Ranch as per plat recorded in Book 6 of Maps, page 19, records of said County. Note: The area and distances o± the above described property are computed to the centers of the adjoining streets shown'on said. map. Note: Said land is also shown on Licensed Land Sureyor9s Map recorded in Book 3 page 27, records of Survey of said County. INSTRUCTIONS TO PAY COMMISSION ESCROW 630-2091,)x Date Nov¢mber 28th 1961 To: rink of AmrYlrt NATIONAL. Sp VST„=o9 ASSOCIATION[ Redlands 4k/30 Branch R.edlandS , California Upon close of escrow, you are instructed to pay Foy & Fay, a licensed real estate broker, the sum of $ 3,100.00 from funds received or held by you on my behalf.] acknowledge that said broker was here- tofore employed by me to effect a sale of the property described under the above escrow number, that I have agreed to pay said sumto said broker as his commission for said serv- ices, and that pursuant to said employment he has produced the purchaser named therein. 1_ . 1d2 . a Municipal corporation APPROVED: Please mail payment to address below unless payment is called for on the day the above escrow is closed. Licensed Real Estate Broker Foy & Foy License No. i2oi50 Address: 1 Mo, 5th `tag Rare1 erad,s nu'1 i-Pn-rn2 Licensed Real Estate Broker License No Address• TRU-246 11-60 TRUST DEPARTMENT Bank of America NATIONAL 6wyiN OHS ASSOCIATION Escrow No 630-20944 AMENDMENT TO ESCROW INSTRUCTIONS Date November 29th, 630..20944 The previous instructions in this escrow No. are hereby modified and/or amended in the following particulars only: You are authorized to amend the previous escrow instructions dated November 28th, 1961, as follows: The legal description covcring the prop-rty being conveyed by the City of Redlands to Donald C. neckord, a married man, Edmund L. Zander, a married man, Howard A. Hill, a married man and M. A. ?eenstra, a married man, each as to an undivided 1/1 th interest, shall contain the following: The City of Redlands would retain for street purposes, a portion in the form of a circular compliment,, bounded by the Northeasterly right of way line of 100 foot wide Central Avenue, and the Westerly right of way line of 80 foot wide Texas Street, and the circular curve of a radius of 14 feet. ---- _..----..- END 32. AMENDMENT Signa Signature Signature TRU-259 9.5g TRUST DEPARTMENT Igank ti America NATIONAL sa vSNae ASSOCIATION Escrow No AMENDMENT TO ESCROW INSTRUCTIONS Date 2occmber fir$ 19 61 The previous instructions in this escrow No. 61J-2091. are hereby modified and/or amended in the following particulars only: The undersigned hereby instruct you to amend the previous escrow instructions dated November 28th, 1961, to include the following; 1. Covering the recital at -item No. , 5 of the instructions regarding the Deed of Trust note to bo executed by r,nald C. T3eckord & Gladys I3eckord, dmund L. :wander & ?Florence Zander; Howard A. Hill & Marilyn M. Hill; A. K. Feenstra &Evelyn Feenstra, in the amount of 316,000. 00 in of the City of Redlands,' it is agreed that the payment of either the or $10,000.00, or the t6,00O.Oo herein referred to shall be in addition to the `20,300.00 cash paid in the escrow. 2. The annual uayment referred to at stem No. 4 of the exchan:e instructions, covering the Deed of Trust note in favor of Emma Haberman; is to read annual payments of 2,300.00, or more, beg -inning September 15th, 1962. • All other conditions of the escrow remain as previously shown, END OF A`Zi tDMENT Signature Signature Signature TRU-259 9.59 13 co/ Purchase of 2 acres of land adjacent City yards Claim - So. Calif. Freight Lines Resolution No. 2160 On motion of Councilman Burroughs, seconded by Councilman Martinez, the City Council authorized the purchase of a two -acre parcel of land adjoining the recently acquired site for relocation of the City yards at Tennessee Street and West Park Avenue, with the pro- vision that the purchase price of $12,000.00 be financed through the General rund at this time with loan to be arranged later through the Legal and Capital Reserve if necessary as this is not a budgeted item. Motion carried unanimously. From the Southern California Freight Lines, a claim against the City of Redlands in the amount of $42.75 for damage to one of their trucks caused by an overhanging low tree branch, denied by the City Council and referred to the City's insurance carrier on motion of Councilman Ward, seconded by Councilman Burroughs. Resolution No. 2160, a resolution of the City of Redlands specifying the hourly wage rates and benefits for various building trade classifications, presented by Manager Workman and adopted on motion of Councilman Burroughs, seconded by Councilman Wilson. Copies of the Annual Audit for the fiscal year ending June 30, 1961, presented to all Council members by the City Manager. Copies of communications from the League of California Cities relative to a proposed in- crease in the League's annual dues, presented by Mr. Workman to the Council members. CITY ATTORNEY ._�_ _, _ .,-a re, v__�___ '- '-2I8 (G.S:) Rev. 1-61 =''' R.i.', st f -_ :'te' ,, ,.s x�. rf9s3`i� ' :a SECURITY TITLE INSURANCE COMPANY 1. a California corporation, herein called the Company, Insures the parties named as insured in Schedule A, the heirs, devisees, personal representatives of such insured, or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof which the insured shall sustain by reason of the matters numbered., 1 to LI in Part Three of Schedule B of this policy. CLTA-1961 SCHEDULE A STANDARD COVERAGE :?ri , ;:iti ' , n op t .;��+ Y.t „ e4xF Y'" f , F'.•l lv Insured: CITY OF REDLANDS Policy No: 351074 Consideration paid for this policy: $ 92. 00 Effective date: November 22, 1961at 8, 00 o clockA .M. Amount of liability: 12, OOO.00 The estate or interest in the land described or referred to in this schedule covered by this policy is: Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF REDLANDS, a municipal corporation The land referred to in this policy is in the State of California, County of San Bernardino and is described as follows: The East 164.46 feet of the Southwest 1/4 of Lot 20, Barton Ranch, as per plat recorded in book 6 of Maps, page 19, records of said County. Excepting therefrom the North 132 feet. Note: The area and distances of the above described property are computed to the centers of the adjoining streets shown on said map. Note: Said land is also shown on Licensed Land Surveyor's Map re- corded in book 3, page 27, records of survey. y ♦. , ' S. l,yµy.. kn L i 1� .F S asCa eS a n. F ._ ,,'`s - i.}R a� ,. ° ,�•YM1 ` L -. .'�„� k t). '� ,},per.., d, : , i"-. . 4 4:: ^� M 2 ',+ 4 g `.- , Aa'��• 41 y+Y YX a M1.',,,A 4 7 y * 6�+ ^•any` '. fir., .--..-•,. .i°e'"ss.. �Ft, ..� ., ... ,3 �ttS', �"K, ... �.-. .Ns<.� .�. C+.'�',,.. .. ry.. 9... .i{'3ka �,. : �<m-1�f3%. . �fY y.,:"� �e. .tdi .. F,.e •4�; A 1'k'i'"". �„• P-218-8 (G.S.) (Rev, 1-61) SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in Parts One and Two of Schedule B. PART ONE: 1. General and special taxes for the fiscal year 1961-62; first installment, $240.60 second installment, 240.60 assessment number, 314723. 2. An easement to the public in and to that portion of the property herein described lying within Park Avenue, as shown on the recorded map of said subdivision. 3. A right of way of undisclosed route and width for pipes, ditches, conduits and incidental purposes, as reserved in the deed from Hiram M. Barton, et al., recorded March 21, 1907 in book 394, page 91 of Deeds. 4. An easement for the construction, maintenance and operation of elec- tric lines and telephone lines and cables and incidental purposes, as granted to Southern California Edison Company, Ltd., a corporation, by deed recorded June 25, 1946 in book 1905, page 490, Official Records. P-218-88 (G.S.) (Rev. 1-61) SCHEDULE B (Continued) PART TWO: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easements or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof ; water rights, claims or title to water. PART THREE: Matters numbered 1 to 4 referred to on the first page of this Policy: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the Conditions and Stipulations hereto annexed which Conditions and Stipulations together with Sched- ules A and B are hereby made a part of this policy. In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as of the date set forth in Schedule A, the effective date of this policy. 14.4411 vat ze/ �4:psi e +� 4it 5, 1S ®2� An Au President P-218-ST (G.S.) (Rev. I-61) 1. Definition of Terms The following terms when used in this policy mean: (a)� "Sand"': the land described, specifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which im- part constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not con- structive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date": the effective date; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument; and (f) "insured": the party er parties herein desig- nated as Insured, and if the owner of the indebt- edness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the In- sured shall include (I) each successor in interest in ownership of such indebtedness, (2} any such owner who acquires the estate or interest referred to in this _policy by foreclosure, trustee's sale, Cr other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an insurer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said in- debtedness, or any part thereof, whether named as an Insured herein or not. 2. Benefits after Acquisition of Title If an insured owner of the indebtedness secured by a mortgage described in Schedule B acquires said estate or interest, or any part thereof, by fore- closure, trustee's sale, or other legal manner in sat- isfaction of said indebtedness, or any oast thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipulations hereof. 3. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regu- lation (including but not limited to building and zoning ordinances) restricting or regulating or pro- hibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or emi- nent domain unless notice of judicial action to ex- ercise such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the lard expressly described in Schedule A, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, ar the right to maintain therein vaults, tunnels, ramps or any other struc- ture er improvement; or any rights or easements therein unless this policy specifically provides that such property, rights or easements are insured, except that it the land abuts upon one or more physically open streets or highways this policy in- sures the ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title es insured or other matters (1) created, suffered, assumed or agreed to by the In- ured; 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 poI- icy; or (3) resulting in no Ioss to the Insured; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encum- brancer for value without knowledge. 4. Defense and Prosecution of Actions - Notice of Claim to be Given by the Insured (a) The Company, crt its own cost and without undue delay shall provide (I) for the defense of the Insured in all litigation consisting of actions or proceedings commenced against the Insured, or de- fenses, restraining orders, or injunctions interposed against a foreclosure or sale of the indebtedness se- cured by a mortgage covered by this policy or a sale of the estate or interest in scad land; or(2) for such action as may be appropriate to establish the title of the estate or interest or the Iien of the mort- gage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last resort. (b) In case any such action or proceeding shall be begun, or defense interposed, or in case knowl- edge shall come to the Insured of any claim of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a fore- closure sale under a mortgage covered by this policy refuses to purchase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given CONDITIONS AND STIPULATIONS (Includes to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company o` any such rejection by reason of claimed unrearketability of title, then ail liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and ter- minate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right of its own cost to institute and prosecute any action or pro- ceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest ar the lien of the mortgage as insured; and the Company may take any appro- priate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. Id) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or pro- vide defense in such action or proceeding, and' all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. When- ever requested by the Company the Insured shall give the Company all assistance in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Com- pany shall reimburse the Insured for any expense so incurred. 5. Notice of Loss - Limitation of Action In addition to the notices required under para- graph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or dam- age shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after ex- piration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such action within the lime hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. S. Option to Pay. Settle or Compromise Claims The Company shall have the option to nay or settle or compromise for or in the name of the In- sured any claim insured against or to pay the lull amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all Iiability of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said indebtedness, the owner of such in- debtedness shall transfer and assign said indebted- ness and the mortgage securing the same to the Company upon payment of the purchase price. 7. Payment of Loss (a) The liability of the Company under this pol- icy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attor- neys fees in litigation carried on by the Insured with the written authorization of the Company_ (c) No claim for damages shall arise or be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded here- in removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the title is re- jected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this 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 'a Count of the insurance pro tante and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner of an indebtedness secured by a mort- gage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such pay- ments reduce the amount of the indebtedness se- cured by such mortgage. Payment in full by any person or voluntary satisfaction or release by the Insured of a mortgage cowered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mort- gage, except as provided in paragraph 2 hereof. those in the American Title Association (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 8. Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or pri- ority of any mortgage shown or referred to in Schedule B hereof or any mortgage hereafter ex- ecuted by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A. The provisions of this paragraph num- bered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebt- edness or any part thereof. 9. 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 In- sured 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 pol- icy, such proportion only of any partial loss estab- lished shall be borne by the Company as one hun- dred twenty per centum of the amount of this policy bears to the sum of the mount of this policy and the amount expended for the alteration or improve- ment. The foregoing provisions shall not apply to costs and attorneys' fees incurred by the Company in prosecuting or providing for the defense of ac- tions or proceedings in behalf of the Insured pur- suant 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 loss if, at the time of the occurrence of such loss, the then value of the premises, as se 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 shown in Schedule B prior to acquisition of title to said estate or interest in satisfaction of said indebtedness or any part thereof. (b) If the land described or referred to in Sched- ule A is divisible into separate and noncontiguous parcels, or if contiguous and such parcels are not used as one single site, and a loss is established affecting one or more of said parcels but not all, the lass shall be computed and settled on a pro rata basis as if the face amount of the policy was di- vided 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 sub- sequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorse- ment attached hereto. 10. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the In- sured, and it shall be subrogated to and be en- titled to (III rights and remedies which the Insured would have had a cdnst arty 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, Iosf to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall per- mit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebtedness, provided such act does not result in any loss of priority of the hen of the mortgage. 11. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Com- pany arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy. No provision or condition of this policy can ba 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. 12. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furn- ished the Company shall be addressed to it at the office which issued this policy. 13. THE FEE SPECIFIED ON THE FACE OF THIS POLICY IS THE TOTAL FEE FOR TITLE SEARCH AND EXAMINATION AND FOR TITLE INSURANCE. Owner's Policy - Standard Form B-1960) Por. Barton Ranch M.B. 6/19 Redlands outside Tax Code Area 10402 08 _I I:a — COLTON • - - PARK t AL AL 7 AG 2 20AG AL AVENUE 205AL x.02 AC N/r,Hw`3r3s_ Note -Assessor's 91k. 8 Lot Numbers Shown in Circles 292- H w t Ct 2 169 Assessor's Map Book 292 Page 18 Son Bernardino County 44, f!1