1962-Un-Recorded EasementE A S E N1 E N T
THE SAN DIEGUITO IRRIGATION DISTRICT, a State Agency
operating under 'the State Irrigation District Laws, herein-
after called the "Grantor", for and in consideration of the
sum of One Dollar 01.00), receipt whereof is hereby ackno-w--
ledged, does hereby grant to Richard L. Weed and Beatrice Z.
Weed, husband and wife as joint tenants, their successors
and assigns forever, a non-exclusive Easement for ingress and
egress over the premises described, as follows:
The Easterly 20.00 feet of the South Three-Quarters
of the West Half of the Northeast Quarter of the
Southeast Quarter of Section 15', Township 13 South,
Range 4.West, San Bernardino,Meridian, is the County
of San Diego, State of California.
Witness our hands this 2e* day of , 1962.
GRANTOR:
SAN DI ITO IRRIGATION DISTRICT
President
Assistant Se' ee ry
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN DIEGO )
On this day of , 1962, before .me, a lotaxy
Public in and for the sthid County..and State, residing therein.
duly ommissioned and sworn, personally appeared ~ 3
2 , known to me- to be the persons
whose name are sub ~eribed to the within Instrument and known to
me to be the President and Assistant Secretary of the .San Dieguito
Irrigation District, and who ha.s , sworn to the fact that they
executed the attached instrument in behalf of the San Di,egu:ito
Irrigation District, the District that executed the same.
In Witness Thereof, I have hereunto set my hand and affixed ray
Official Seal the day and year in this certificate first above
written.
Notary Public in and fo said County
and State.
SEULAH E. TAYLOR
#Ajf Commission Expires Sept 14, 1964
NoText
To date we have had no information from your
office relative to this 'easement or the requested
policy, Please let us know if the policy will be
issued as requested or if\•the easement request is
being withdrawn.
San Dieguito Escrow Company
763 Second Street
Encinitas, Califomia '
Gentlemen:
On July 18, 1962 I informed you _by letter
that the Board of Directors of this district had
acted to grant an easement of right-of-way in a
portion of the Southeast Quarter of Section 15,
T13S, R4t1, SBM to Richard L. and Beatrice Z. Weed
providing the title company issued a policy to us
guaranteeing ownership`,of the land.
~r
I
AugLst 16, 1962
Vlpr y truly yours
4j
}
S11,N DIEGUITO IRRIGATION DISTRICT
DW
MaLirice E. Bauman
Office Manager
i
,
,y
~
4
July 189 1962
San Dieguito 3scrow Company
76.3 Second Street
Encinitas, California
1?1\. Gentlemen:
4 l!. Enclosed is a certified copy of a resolution
ja4opted by the Board of Directors of the San Dieguito
Irrigation District at-a meeting held June 22, 1962.
Yoru will note that the easement was granted contingent
uplon the fact that the title company issues a policy
gujaranteeing ownership of the land in-question, which
i' as follows:
;n "The Easterly 20 feet of the South Three-Quarters'
of the West Half of the,Northeast Quarter of the
Southeast Quarter of Section 15, T13S, R4Wj SBM."
The Easement was granted in the r2ames of:
"Richard L. Weed and Beatrice Z. -Weed, husband
and wife".
Very truly yours
SAN DIEGUITO IRRIGATION DISTRIPT
Maurice E. Bauman
F, Office Manager
Rne 1.
June 22, 1962
San Diegn!-to ICscrow Co.
763 Second Strect
Encinitas, California
Gentlemen:
14r. Dice ,eed appoared before the Board of Directors
of the San Dieguito Irrigation District requesting
an easement for ingress and egress to the following
property;
D The Ta.sterly 20.00 feet of tho South 'Three-:quarters
of 'the :Jest II'Al f of the Northeast :quarter of the
Southeast Quarter of Section 15, Township 13 South,
Range L West, Gan Bernar i :ino Meridian, in the County
of San Diego, State of California.
The Board was advised '0y the attorney that since
there was a question regarding the ownership of this
20 :'oot strip of land the District could. grant an
r easement contingent upon the fact that the Title Co.
~i before it recorded same, would issue a p-:licy guar-
anteeing it. ;Ie are therefore enclosing the easement
which has been executed and t ist that yrri will please
follow the above request.
We will send you, as soon as possible, a certified
copy of theloardis resolution.
Yours very truly,
SAN DIEGUITO IrRTGAT10`DISTINCT
iMaurice E. Bauman, Office Mlanager
Encl.
EB : dk
•
Board of Directors
San Dieguito Irrigation District
Encinitas, California
Gentlemen:
0
2590 San Elijo Ave.
Cardiff, California
6-20-62
Re: Request for Easement on
Bracero Road, Encinitas
I am writing to request your help in a technical matter. In order
to refinance my house at 805 Bracero, Encinitas, it is vital that I
secure an easement from your agency. I am enclosing 2 copies of the
preliminary title report as prepared by Security Title Co., which
indicates that the San Dieguito Irrigation District is now the vestee
for the 20 foot strip. This easement would give me ingress and egress,
and would allow nV loan to go through.
Tars. Olson of Security Title suggested that if your Board is in
accord with my request, that the deed granting the 20 foot easement
should grant it to my wife and myself, Richard L. Weed aid Beatrice Z.
IFTeed, husband and rife as joint tenants. Also, a copy of the resol-
ution (if passed) is required.
I plan to attend your Board meeting on 6-22-62, aid will be glad
to answer any questions which might arise. Your cooperation in this
matter will be very much appreciated.
Sincerely, f,
z•
1
Richa d Weed
IM,01bo, 6/19/62
•
C~f
I .4f-
.
man . OiLcu
nsi ie cc ver for n_a
i nont N- . 2-i O'31
-tl: Order No
Richard Weed
543 T?o . HiZhTi9ay 101
Solana Ec:a.ch, Cal:i.fox°ni a
O
Vesteu
Ornr Order N,) 3(2036
u , iJC
L%ated as o' 6/62 jbtk:,
In connection with this r r
write
J
1-':, E. OLS01-4
Title Off ices,
&I DIEGUI`I°O IRRIGATIOY DISTRICT,
a State Agency of San Die ,-o County, State of California.
tc
I. Any taxes, current o•o. delinquent, t vales, special
a.s,c:zqs:ilents, a:ssessmant districts, tax deods and certificates
of sale, which riay gist as liens, charges or encumbrances
zX,a.in t said land., no examination havin ; been made of the
records pertaining to said matterC..
2. A right of •say and incidents thereto for public road pur'posos
,v.--or the South 20 feet of the Northeast quarto( of the Southeast
quarter of Section 15, T:~l.Ynship 13 South, Ran. ;e 4 elect, as lgranted
t: tiro Co,.nty of San Diego, as Road. Suz-vey 976, by deed recorded
July 27, 1949 in Book 3270 page 21 of Official Records , b9-
Ha.y•tin J. Coll anti Coal J. Coll, husband and wife ar. joint
tenants as to that poa°t:ion of the herein described land lyir
~ry t=hin the South half of the Southwest gaa,rter of the Northeast
~ tc:r of the Northeasr; c2aarter of the Southeast quarter a-rid
:is. The San D3eguito irrigation District, a State A ;eney, as to
the remainder.
3. A non-exclusive easement for ingress and egress over said
land as rued. to T. B. Koons by deed recorded August 2`(, 1952
in Book 216 page 18;; of Official Records and as granted to
other parties by various deeds of record.
4. An easement for poles, Wires &aid incidental purposes, as
Granted to San Diago Cac and Electric Company, by deed recorded
December 30, 1953 in Book 5093, page 56 of Official records.
The rcu.te thereof across said land shall be as follo ss
rupo't is issued preliminary to recordation, ftnr:l closing, and issuance of pcl:cy cf tiile msur .nce iii
..F wit'. f:.is =ier. Our llchility is sotcl'j th-:: expr(_.>>ed in sacti policy No
F }•^n"'t tf.:t L no p,-}Icy is issued und(~. tl:1S oldE- tale arncunt p-. 7 `ur t:i.s rc-port sl.n_. L'.! tl.c' _'X;r:'U
;y c! the cC, .p.:r.y.
•
372,m6
Pa 3-e 2
0
Over the Easterly 20 Feet of the Northwesterly quarter
of the Northeasterly quarter of the Southeasterly quarter of
Section 15, T'ovmshiD 13 South, ?Range 4 1-jest.
DESCRIPTION
The Easterly 20.00 feet of the South Three-Quarters of the
I'lest Half of the Northeast Quarter of the Southeast Quarter of
Section 15, Tomship 13Z South, Range 4 Tfevt, San Bernardino
Ieridian, in the County of San Diego, State of California.
the C C 7 _..'r
YOU 1I1, .....:1 f .1
FRESNO COUNTY
~ ..feet . ~fi.~e
IMPERIAL COUNTY
KINGS COUNTY
4 3~'l
LOS ANGELES COUNTY
i.... F~ :If i
I: :13:1
MADERA COUNTY
r 1 3 i553
MERCED COUNTY
2 5a:1
NAPA COUNTY
= : P.A. + ;n E-3•,'27
ORANGE COUNTY
„r. a
• • n R: 1 •.+•a y
r:.n.rec,y 7-725.
RIVERSIDE COUNTY
SACRAMENTO COUNTY
AMADOR COUNTY
J.ick.;r..
'✓esterr. Land Ti'!e ,uml
'.2 Co, -irt S:r,-et
Phone 50i
EL DORADO COUNTY
F;acerV;"
.ter-Caur:' T;:.
M..nn S:ree:
Phone i'f!t:onal 231J5
HUMBOLDT COUNTY
C ureka
Humboldt Land Title Co, npuny
E:h d "I" Streets
Phone. HIL'side 3 033/
MARIN COUNTY
San Ralae:
Trans western Ti'.e Company
1210 Sth Aven::e
Phone: GLenwoc3 4 9323
0
l.. r.t t::e ; n e tai:h
t r 'e:._r nt t:. L E lit uf"ce will as:;ist
c7nJ r-fr.er pct
SAN BE.nNAhDINO CGLINIY
SAN DII.GO COUNTY
SAN JOAQUIN COUNTY
SAN LUIS OBISPO COUNTY
SAN MATEO COUNTY
y 5771
SANTA BARBARA COUNTY
SOLANG COUNTY
STANISLAUS COUNTY
3 Y521
TULARE COUNTY
1 47,1
VENTURA COUNTY
MARIPOSA COUNTY
Mme". zr t pas u
Mdnriposa County Title Co
13cx E
Phone: 2EC!
MONTF.RFY COiINTY
. C. L n3 Tii!e Coi.l,.)ar.;
,J 3 Pr;oi:e FR3:itler 5 ??.:2
NEVADA COUNTY
r-Co::nty '1'1t'e -m}x~ny
•.'CU::.::lC 1127, ...JE•Ct
Phc::e. 7:
PLACER COUNTY
ae•.1i1-
F: ie:ity Titre Curnpony
•i: Vernon Street
P1. n SUnsf_t 3 8:92
YOLO COUNTY
T;t!e c n r y Co
F:. !:--.rrv+. 25433
SANTA CLARA COUNTY
is s
Val;Fy "f11:e Company of Santa Clara County
i .Nora, Fl:st Street
CYr ress 27:50
SANTA CRTJ7_ COUNTY
i-••ru.::u.~n S.nt-i Cruz County Title Co.
P A:•en1:e
I'r.ur.e GAr~en 61711
SOLANO COUNTY
} 1:...
F . l,t:e Coinpany
i. r.••i' . Street
I Hi,rr. c.n 5 b025
SONOMA COUNTY
1 . Tit'c Security Cornpany
. L:i 2 5185
P-218A (G.S.) Rev. 1-61 ' •
SECURITY TITLE INSURANCE COMPANY
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
I to 4 in Part Three of Schedule B of this police.
CLTA-1961 SCHEDULE A STANDARD COVERAGE
Insured:
HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN .DIEGO, A CORPORATION
CARL W. WILLIAMS
RICHARD L. WEED AND BEATRICE Z,. WEED
Policy No: 372016
Effective date ::JUNE 29, 1962 at 9 o'clock A
The estate or interest in the land described or referred to in this
paid for this policy ` $f14o- 5O(A_l & A-2)
covered
21, OOO.OO
Reference is hereby made to Schedule "All attached to and made a part
of this policy for the description of .said land.
Title to the estate or interest covered by this policy at the date%'i eof is vested in:
0
SCHEDULE "A"
PARCEL 1:
The North Half of the Southwest Quarter of the Northeast
Quarter of the Northeast Quarter of the Southeast Quarter of Section
15, Township 13 South, Range 4 West, San Bernardino Meridian, in the
County of San Diego, State of California.
PARCEL 2:
An easement for ingress and egress over the Easterly 20.00
feet of the South Three-Quarters of the West Half of the Northeast
Quarter of the Southeast Quarter, of Section 15, Township 13 South,
Range 4 West, San Bernardino Meridian, in the County of San Diego,
State of California.
P-218-B (G.S.) (Rev. 1-61) . 0
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. County of San Diego taxes for the fiscal year 1962-63,, including
any special district levies., now a lien but not due and payable until
November 1..
2. San Dieguito Irrigation District taxes, now a lien for the year
1963;,- but not due and payable.
3. The right of the public to use any portion of
may lie within the bounds of any public street or hig
4. An easement over said Parcel 1. herein d
cri'
poles and wires and Incidental purposes:, for to
AaA~
as granted to San Diego Gas and Electric Compariy,_ in
October 20,. 1948,., Book 2988, page 265 o icial Re
The route of said line of pol
be as follows
Beginning at a point on t ltiort
of the Southeast. Quarter distant t ve ez
corner of the Northeasterly Quarter of N
easterly Quarter of South
n Quale
said point of beginning Routh 231
00° 53t o8" West 598.53 eet; th 1ce Soil
erly line of above d:escr bed prorty..
S
d land which
for a' line of
n of electricity¢
d recorded
said land shall
),ine of said Northeast Quarter
3.17 feet East of the Northwest
theasterly Quarter of North-
of said Section 15, thence from
West 91.21 feet; thence South
33° 36' o8T, test to the South-
5. A right' 'f' Tray an~el~ 'a' "nts thereto for public road purposes
over the So'19 20 feet of the Northeast Quarter of the Southeast Quarter
of Section 1 ,j Townshi 13 South., Range 4 hest as granted to the County
of San. Diego lab Road ~ SAirvey 976 by deed recorded July 27, 1949, Book 3270,,,
page 21 of Off~;~~al oords..
Said in nt also grants the privilege and right: to extend
and maintain drainage structures and excavation and embankment
slopes -beyond the limits of said right of way where required for
the construction and maintenance thereof.,
Affects Parcel 2 herein described.
6. A non-exclusive easement for ingress and egress over Parcel 2
herein described as granted'to T. E. Koons by deed recorded August 27,.
1951, Book'4236,, page 180 of Official Records and as granted to other
parties by various deeds of record.
7. The right and privilege to place and maintain an anchor to
support a. line of poles and wires as granted to San Diego Gas and
Electric 'Company by deed re-corded December 30., 19539 Book 509 :..page -56.
of Official Records,. over the Easterly 20 feet of'the Northwe3t Quarter
of Northeast Quarter of Southeast Quarter, Section 15, Township 13 South,,,
Range 4 West..
OS-209 (S.D.) 1-26-59 2500
rage e •
8. A deed of trust to secure an indebtedness of $14,500.00,.
and any other
amounts
payable under
the terms thereof;
Recorded:
JUNE 290
1962, SERIES
3, BOOK 1962, FILE NO. 111037,
Date:
jwE 280
i9621.
Trustor
RICHARD
L. WEED AND BEATRICE Z.. WEED,
Trust"ee :
HOME DEED ce ESCROW CO.
OF SAN DI.P O,, a ' corporation,
eficiary HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN,DIEGO,
or acceleration of maturity of the obligations secured thereby,
the event of.sale or transfer, or further encumbrance of said land.
9. A Purchase Price deed of trust to secure an indebtedness of $3080:251
and any other amounts payable under the terms 'thereof,
Recorded: JUNE 29, 1.9620 SERIES 3, BOOK 1962, FILE NO. 111038,
.
af e d: NTAy 18, 1962,. stor: RICHARD L. WEED AND BEATRICE 2. WEED, husband and wife'.
stee SAN DIEGUITO ESCROW COMPANY, a California: corporation;
eficlary: CARL W. WILLIAMS.
Said deed of trust is junior in lien to the trust deed.herein-
ore mentioned.
Said deed of trust covers Parcel 1 herein described,
a corporation.
.
Said deed of trust provides., upon conditions therein contained
.
P-218-$B (G.S.) (Rev. 1-61) 0 •
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.
8f
s ~ s
Secretaryc;doQ"'~'President
Pf(l~ o
An Authorized Signature
GORDON B. CAIRNB;
C~
•
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W
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1M
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Tw1. 0L9~
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SHEET 6
FOR ACTUAL SCALE MULTIPLY MAP SCALE BY 2
n
E V4 COR SEC.15
V+5
_ 14
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7312
' yy~11011 `
r gOOh '
134 W
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SHEET 5 OF 7
SEC. 15
T.13 S. R. e.
NE 1/4 OF SE V-1,
SCALE I IN. -100 FT.
P-218-ST' (G.S.) (Rev. 1-61) 0 0
I. Definition of Terms
The following terms when used in this policy mean:
(a) "land 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 or 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 (1) 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, or 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 part 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
land expressly described in Schedule A, or title to
streets, roads, avenues, lanes, ways or waterways
on which such land abuts, or the right to maintain
therein vaults, tunnels, ramps or any other struc-
ture or improvement; or any rights or easements
therein unless this policy specifically provides that
such property, rights or easements are insured,
except that if 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 as 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 pol-
icy; or (3) resulting in no loss 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, at its own cost and without
undue delay shall provide (1) for the defense of the
insured in air litigation consisting of acfforis 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 said land; or(2) for
such action as may be appropriate to establish the
title of the estate or interest or the lien 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
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 of any such rejection by reason of claimed
unmarketability of title, then all 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 at 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 or 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.
(d) 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 time hereinbefore specified,
shall be a conclusive bar against maintenance by
the Insured of any action under this policy.
6. Option to Pay, Settle or Compromise Claims
The Company shall have the option to pay or
settle or compromise for or in the name of the In-
sured any claim insured against or to pay the full
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 liability 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-
within
- --------es u- defect, en or encumbrance
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 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 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 covered 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.
(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 amount 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 so improved, does not exceed the
amount of this policy, and provided further that the
foregoing coinsurance provisions shall not apply
to an insured owner of an indebtedness secured by
a mortgage 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 loss 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 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, the Company shall be subrogated to such
rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss
should result from any act of the Insured, such act
shall not void this policy, but the Company, in that
event, shall be required to pay only that part of
any losses insured against hereunder which shall
exceed the amount, if any, lost to the Company by
reason of the impairment of the right of subrogation.
The Insured, if requested by the 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
ort theLL
If 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 lien 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 be
waived or changed except by writing endorsed
hereon or attached hereto signed by the President,
a Vice President, the Secretary, an Assistant
Secretary or other validating officer of the Company.
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.
CONDITIONS AND STIPULATIONS (Includes those in the American Title Association - Owner's Policy - Standard Form B-1960)
Ai I
S3 El CLJR,I'TY
TI'T'LE
INSURANCE COMPANY
POLICY OP
TITLE
INSURANCE]
SEl CLJFZI'TY
TI'TL.El
INSURANCE COMPANY
H O M E O F F I C E
3444 W I L S H I R E B O U L E V A R D
LOS ANGELES 54, CALIFORNIA
P-12 (G.S.) Rev. 1-61
FRESNO COUNTY
ORANGE COUNTY
SAN LUIS OSISPO COUNTY
Fresno
Santa Ana
San Luis Obispo
AMherst 6-9721
825 North Broadway
1119 Chorro Street
Mariposa Street Office
Phone: KImberly 7.7251
LIberty 3-8211
1927 Mariposa Street
Fresno Title Office
RIVERSIDE COUNTY
SAN MATIEO COUNTY
1234 L Street
Riverside
Redwood City
8th & Ora:ige Streets
749 Brewster Avenue
IMPERIAL COUNTY
OVerland 4-1400
EMerson 9-6771
El Centro
654 Main Street
SANTA BARBARA COUNTY
ELgin 2-2011
SACRAMENTO COUNTY
Santa Barbara
Sacramento
1014 State Street
KINGS COUNTY
811 Jay Street
Woodland 6-6131
Hanford
GIlbert 1-5341
208 West 7th Street
s®LAN® COUNTY'
Ludlow 4.3381
SAN BERNARDINO COUNTY
Vallejo
LOS ANGELES COUNTY
San Bernardino
615 Florida Street
Los Angeles
480 Court Street
MIdway 3-4521
3444 Wilshire Boulevard
Turner 9-3531
DUnkirk 1-3111 - ZEnith 6411
STANISLAUS COUNTY
SAN DIEGO COUNTY
Modesto
MADIERA COUNTY
San Diego
12th Street Office
Madera
Third Avenue at "A"
920 12th Street
129 South D Street
BElmont 2-4031
LAmbert 3-4521
ORchard 3-3553
RAERCIED COUNTY
SAN JOAOUIN COUNTY
TULARE COUNTY
Visalia
Merced
Stockton
119
S
outh
Locust
1944 M Street
San Joaquin County Abstract Office
REd
woo
d 2.4761
RAndolph 2-3911
217 North San Joaquin Street
HOward 6-9523
NAPA COUNTY
VENTURA COUNTY
Napa
Stockton Guaranty Title Office
Ventura
1117 Brown Street
40 South San Joaquin Street
2660 E. Main Street
BAldwin 6-3727
HOward 6-4291
MIller 8-2864
SECURITY TITLE INSURANCE COMPANY policies are also written in the counties listed below, and in the
States of Washington and Utah. This policy was written in the county shown on the first page.
AMADOR COUNTY
Jackson
Western Land Title Company
21 Court Street
Phone:504
MONTEREY COUNTY
Monterey
Coast Counties Land Title Company
439 Tyler Street
FRontier 5-2262
SOLANO COUNTY
Fairfield
Fairfield Title Company
726 Webster Street
HArrison 5.8026
HUMBOLDT COUNTY
Eureka
Humboldt Land Title Company
6th and "I" Streets
HIllside 3-0837
LOS ANGELES COUNTY
Los Angeles
American Title Company
661 South Oxford Avenue
DUnkirk 7-7066
MARIN COUNTY
San Rafael
Trans Western Title Company
1210 5th Avenue
GLenwood 4-9323
MARIPOSA COUNTY
Mariposa
Mariposa County Title Company
Box E
Phone:2601
PLACER COUNTY
Roseville
Fidelity Title Company
426 Vernon Street
SUnset 3-8192
SANTA CLARA COUNTY
San Jose
Valley Title Company of
Santa Clara County
38 North First Street
CYpress 2-7150
SANTA COUP COUNTY
Santa Cruz
Penniman Santa Cruz County Title Co.
1537 Pacific Avenue
GArden 6-1711
SONOMA COUNTY
Santa Rosa
Northwestern Title Security Company
535 Fourth Street, P.O. Box 1721
LIberty 2-5185
YOLO COUNTY
Woodland
Woodland Title Guaranty Company
519 Main Street
MOhawk 2-5439
STATE OF UTAH
Stanley Title Company
Heber, Utah
Phone: 2
STATE OF WASHINGTON
Land Title Company of Washington, Inc.
5021 Claremont Way
Everett, Washington
Columbian Title Company
Ephrata, Washington
SECURITY TITLE POLICIES AND SERVICES ARE AVAILABLE IN THE COUNTIES SHOWN ABOVE