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HomeMy WebLinkAbout1962-10-02 - Grant DRAKE, MARGUERITE H. W aoox&8'7 PA(-E 9 3 3 ± RECORDING REQUESTED BY 1445 CITY OF HUNTINGTON BEACH LAS-310, PARCEL NO. A-63. PROPOSED PARK SITE, Blocks A and B, Tract No.392: ,3�8 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby 4cknowledged, MARGUERITE H. DRAKE, hereby grant(s) to CITY OF HUNTINGTON BEACH, a municipal corporation, the following described real property in the City of Huntington Beach. County of Orange, State of California: All that certain real property situated in the county of Orange, state of California, described as follows: Lot 63 in Block A of Tract No. 392, in the city of Huntington Beach, as shown on a map thereof recorded in book 16, page 5, Miscellaneous Maps, records of said Orange County. i Together with all right, title and interest in and to all water rights as set forth in that fiscal agent agreement recorded January llth, 1924, in Book 505, page 68 of Deeds, in the office of the County Recorder of Orange County, California. EXCEPTING and reserving all oil, gas and mineral substances that may be within or under said property, without, however, the right to dig, drill or mine through the surface or within five hundred feet of the surface of said land. DATED w �� , 1962, x STATE OF CALIFORNIA //�� ` COUNTY OF 02AK6E_ SS. On 0Gio(oer 7., (g 61' before me,the under- signed, a Notary Public in and for said County and State,personally appeared �' FRECORDE AT REQUEST OF C! 3 " TINGTON BEACH known to meL RECORDS OF to be the�ersoj '` �hgse rtaTnen �S subscribed to the within OUNTY, CALIF. instrumelt.arld aekn4wledged ihai She the same. 0� WITNESS"-my ha °And ola*g'i.j aj. __Lp _M OCT 17 1962 (Seal) ' � SignaturB "" EDWAW W.PAK RUBY McFARLAND,County Recorder, '111�'PnvtMoif.Ripires Decem 17, 1969 ., FREE Notary Public in and for said County and State `6 r'='iJ • 4 This is to certify that the interest in real property conveyed by this deed dated October 2, 1962, from Marguerite H. Drake to the City of Huntington Beacbai' _4;, municipal corporation, is hereby accepted by order(=df the City* Council,,'.of the City of Huntington Beach on October 15, 1962, and the` Grem ee eoa: its to recordation thereof. p G Date&; r .4etober ,16, 1962 CITY OF HUNTINGTON BEACH -V& Citytfferk jW LAND ACQUISITION SERVICE, INC. 610 SOUTH BROADWAY, SANTA ANA , CALIFORNIA A P P R A I S I N G A N D N E G 0 T I A T 1 0 N 1218 SIXTH STREET, SANTA MONICA. CALIF. - EXbrook 3-5018 October 4th, 1962. Re: LAS-310, Parcel. No. A-631 PROPOSED PARK SITE, Blocks A and B, Tract No.392. 5 ; - 6 _ City of Huntington Beach, City Ha1.1_ , Civic Center, Huntington Beach, California. Attention: Mr. Doyle Miller, City Administrator. Gentlemen: Transmitted herewith for acceptance by the City of Huntington Beach is Grant Deed, Parcel_ No. A-63 , dated October 2nd, 1962, executed by Marguerite H. Drake, owner of the property. This deed was executed in consideration of the sum of $450.00, as set forth in the Letter of transmittal attached to said deed, to be paid to the owner as payment for the parcel for park purposes to the City of Huntington Beach. Accordingl-y, it is recommended that the City of Huntington Beach accept said grant deed, and authorize payment of the amount as set forth in said letter of transmittal, to the owner; payment to be delayed pending receipt of notice from this office that payment may be made. It is suggested that the grant deed be approved as to description; and, if required, the City' s approval_ of the letter of transmittal from the grantor. Enclosed is a stamped self-addressed envelope for the return of the deed to this office for recordation. Very trul-y yours, LAND ACQUISITION SERVICE, INC. , EWP/EMcA Edwardf. Pape Encls: T' i LAS-310, PARCEL NO. A-63, PROPOSED PARK SITE, BLOCKS A AND B TRACT No. 392. CITY OF HUNTINGTON BEACH , CITY HALL, CIVIC CENTER, HUNTINGTON BEACH, CALIFORNIA. GENTLEMEN : WE HAND YOU HEREWITH GRANT DEED, DATED . 1'l".) PARCEL No. A-631 EXECUTED BY THE UNDERSIGNED , COVERING THE PROPERTY PAR- TICULARLY DESCRIBED THEREIN, YOU ARE AUTHORIZED TO ACCEPT AND RECORD THE ATTACHED GRANT DEED UPON THE FOLLOWING EXPRESS CONDITIONS : I . THAT THE CITY OF HUNTINGTON BEACH SHALL PAY THE UNDER- SIGNED GRANTORS THE SUM OF $450,00 WITHIN 45 DAYS AFTER DATE TITLE TO SAID PROPERTY IS VESTED IN THE CITY", OF HUNTINGTON BEACH, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES, EXCEPT: (a) Mining claims, reservations in patents, if any. (b) The use and control of ciene,as and natural streams of water, if any, naturally upon, flowing across, into or by said tract, and the rights of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land, as reserved in deeds of record. l� DATED: F 19 VERY TRULY YOURS, RECOMMEND FOR APP VAL: RIGHT OF WAY AGE v.4 71 � r77, e s ` t � 3 It t aft: oh f 1it'"nit r, 10 , Aw F, Y . t # �R City aad` •d:. r. l?t ' �► ttr 50 P-218A<G.S.) Rev. 1-61 - i • SECURITY TITLE INSURANCE COMPANY a California corporation, herein called the Company, i g 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 policy. ' CLTA-1961 SCHEDULE A STANDARD COVERAGE is Insured: CITY OF HUNTINGTON BEACH f P719 Policy No: 219886 Consideration paid for this policy: $ 30.00 �. Effective date: October 31, 1962 at 7:30 o'clock A,M. Amount of liability: $ 1,000.00 . The estate or interesti h described or referred to in his schedule covered b this policy is:n the land descr d d t y p y " a fee Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF HUNTINGTON BEACH, a municipal corporation. The land referred to in this policy is in the State of California, County of Orange and is described as follows: All that certain real property situated in the City of Huntington Beach, described as follows: Lot 63, in Block A of Tract No. 392, as shown on a map thereof recorded in book 16, page 5, Miscellaneous Maps, records of said Orange County; EXCEPTING THEREFROM all oil, gas and mineral substances that may be within or under ' said property, without,however, the right to dig, drill or mine through the surface . or within 500 feet of the surface of said land. i6�at a - r I �P-218-B, (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. Taxes for the fiscal year 1962-63, a lien, not yet payable. 2. The use and control of cienegas and natural streams of water, if any, naturally upon, flowing across, into or by said tract, and the rights of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land, as reserved in deeds of record. P-21,8-BB ( ,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. S. 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. l vat. S o , ecretary President IF 0 11 Qn Authorized Signature TRACT No, 392 h / N '— I31 tff M4 s0/ Z /05/06 /07/OB/09//0 /!/ //1 //3 //4 //5 //6 //7//6//9 AM /Z/ /ZZ/Z3 INZS/56/55/54 /53/57 /S/ /50/49/44 /41/46/45 /44/43 /4Z/4/ 90/39/38 /37/34/35 IN/33/37 151 3 tt ti w r 4 a 14 n, 6 /OC/03/OZ/O/ /00 99 T-Til 93 91 9! '90 95 66 67 86 BS 04 /Of/06/07/O /09//O /a 1111115111.4� //6 //7 118 //9 /ZO/Z/ ?z /Z371-o 'zszz - - ZJt rr4 .4 1Qf/ r.^.✓ y 9 /eo.d! ftt IJ NI IJ4 - N /0 64 65 66 67 66 69 70 7/ 7Z 73 74 75 76 77 79 79 BO 8/ 6Z 63 /64/03/07/0/ /00 99 98 97 96 95 94 93 91 9/ 90 89 88 87 B6 85 84 83.6Z 9/ 80 79 /3 h 0 /4 6Z 6/ 60 39 58 57 36 35 54 33 57 S/ 50 49 48 47 46 45 44 43 4Z 53 54 SS 56 57 TT 6/ 61 63 64 65 i7 ::170a. /5 /6 /7/ 0 t/ PZ I3 A ZS 76 77 ZB Z9 30 3/ N 83 % 35 36 37 38 39 40 4/ 57 S/ SO 49 48 47 46 45 44 43 47 4/ 40 39 38 37 36 35 % 33 3731 30 Z9 18 77 /9 h — `T�P�►CT— I � MM /6-d J —'Iy� 392 b T C!1 ORANGE `'- COUNTY FLOOD CONTROL cn CHANNEL rzee9 M h U6- 7 //0 /// //Z //3 //4 AsAS //7//8 //9 /ZO /Z/ /77/73 Md/IS/16/17/Z8/79 130 BS 86 87 B6 89 90 9/ 91 93 m 9S Ad97 X 99 /00/0/ � o 9 e /O /07/O/ /00 99 98 97 %.�1 B4 B3 82 B/ BO 77 78 77 76 75 74 73,77 7/ 70 69 68$ Z-37 /Z h ee zflr zfs 1f4"-z z h I rp /3 oe 'z /4 /5 68 69 70 7/ V 73 74 7S 76 77 78 79 d0 B/ d7 83 'r S/ SZ S3 SI 55 S6 57 5d $1 60 6/ 67 63 d4 65 66 67 r03rs' r /7 /9 67 66 65 64 63 67 6/ W 0 S6 S7 -46 45 44 43 47 4/ 40 39 3B 37 36 35 .S! 33 32 3/ 30 Z9 ZB Z7 76 ZO Qsr Xn'zt4 zsJ Isa rru ae. V r ZZ Lof 3 23 76 Z7 26 Z9 30 3/ 37 33 34 33 36 37 36 - 74 25 IS W/A'TC��SBuA?6 Z6 SECURITY TITLE INSURANCE COMPANY THIS PLAT IS INSERTED AS A,MATTER OF INFORMATION ONLY,AND WHILE THE SAME IS COMPILED FROM INFORMATION WHICH WE BELIEVE TO BE CORRECT, NO LIABILITY IS ASSUMED BY THIS COMPANY AS TO THE CORRECTNESS OF SAID INFORMATION Form No. 1084-2 American Land Title Association Owner's Policy—Standard Form B— 22 and CLTA Standard Coverage Policy Form Copyright 1963 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $____4S2.QQ_____________ Amount $ 1,000.00 Policy No. OR-1058970 Effective Date June 10, 1968 at 8:00 A. M. Insured CITY OF HUNTINGTON BEACH, a municipal corporation. I. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF HUNTINGTON BEACH, a municipal corporation. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is: A Fee. Page 2 California Land Title Association • Standard Coverage Policy Form Copyright 1963 Form 1084-3 SCHEDULE B OR-1058970 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 5. Unpaiented mininq claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Part Two: 1. General and Special Taxes for the fiscal year 1968-1969 a lien not yet payable; Code Area 4-007, A. P. No. 142-242-71. Said A. P. No. covers the herein described and other land. 2. The Reservation of the use and control of cienegas and natural streams of water, if any, naturally upon, flowing across, into or by said described tract, and reserving the right of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land, as contained in the deed from The Stearns Ranchos Company, recorded March 6, 1895 in Book 87, page 212, Deeds. Page 3 Form No. 1056-4 All Policy Forms SCHEDULE C OR-1058970 The land referred to in this policy is situated in the State of California , County Of Orange, City of Huntington Beach, and is described as follows: Lot 63 in Block A of Tract No. 392, as shown on a map recorded in Book 16, page 5 of Miscellaneous Maps, records of Orange County, California. Excepting therefrom all oil, gas and mineral substances that may be within or under said land, without, however, the right to dig, drill or mine through the surface or within 500 feet of the surface of said land, as excepted and reserved by Marguerite H. Drake in deed recorded October 17, 1962 in Book 6287, page 933 of Official Records. LJH•irs Page 4 G oz.OE/Y WE3 T---�o�'+�ae r 30 13o a4 --4 0 f 17 y = 31 s 17 — a 3 F r_ 34 - - ,,, 3s Qs 2--�- — -� lz 17 I > 9 i a I ,a Q s 17� I--� - ---- - Q o, 17 21 3< 6, 3f 6� 1 9 _ e 11 0 3 — — zC� � �u 23 z 'Zs TKAcT N 2 First American Title Insurance & Trust Company Form 1106 THIS MAP IS FOR INFORMATION ONLY AND IS NOT A PART OF THIS TITLE EVIDENCE California.Land Title Association . • Standard Coverage Policy Form � A M E R I Copyright 1963 OF NU'', �. L J t/ Al 171V I? n 1 ERNE POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance & Trust Company FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby 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: 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 C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as 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 Schedule B or in the Conditions and Stipulations, said mortgage being shown in Sched- ule B in the order of its priority; all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A, B, and C are hereby made a part of this policy. In Witness Whereof, First American Title Insurance & Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, on the date shown in SCHEDULE A. ��� \1�SURAN First American Title Insurance dr Trust Company eco� s BY PRESIDENT ATTEST C��� SECRETARY RA N C Califo Tit standard land ge li y For Orl • Standard Coverage Policy Form Copyrigpht 1963 Form 1084 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS upon an alleged defect,lien or encumbrance insured (c) No claim for damages shall arise or be The following terms when used in this policy against by this policy,and may pursue any litigation maintainable under this policy (1) if the Company, to final determination in the court of last tesort. after having received notice of an alleged defect,lien mean: (b) In case any such action or proceeding shall or encumbrance not excepted or excluded herein re- (a) `land": the land described, specifically or be begun, or defense interposed, or in case knowl- moves such defect, lien or encumbrance within a by reference in Schedule C and improvements affixed edge shall come to the Insured of any claims of title reasonable time after receipt of such notice, or (2) thereto which by law constitute real property or interest which is adverse to the title of the estate for liability voluntarily assumed by the Insured in (b) public records": those records which im- or interest or lien of the mortgage as insured, or settling any claim or suit without written consent of part constructive notice of matters relating to said which might cause loss or damage for which the the Company,or(3)in the event the title is rejected land; Company shall or may be liable by virtue of this as unmarketable because of a defect,lien or encum- (e) 'knowledge": actual knowledge, not con- policy,or if the Insured shall in good faith contract brance not excepted or excluded in this policy,until struc,ive knowledge or notice which may be imputed to sell the indebtedness secured by a mortgage cov- there has been a final determination by a court of to the Insured b reason of any public records; } ered by this policy, or, if an Insured in good faith competent jurisdiction sustaining such rejection. (d) "date': the effective date; leases or contracts to sell,lease or mortgage the same, (d) All payments under this policy,except pay- (e) "mortgage": mortgage,deed of trust,trust or if the successful bidder at a foreclosure sale under ments made for costs, attorneys' fees and expenses; deed,or other security instruments;and a mortgage covered by this policy refuses to purchase shall reduce the amount of the insurance pro tanto (f) insured": the party or parties named as and in any such event the title to said estate or and no payment shall be made without producing Insured,and if the owner of the indebtedness secured interest is rejected as unmarketable,the Insured shall this policy for endorsement of such payment unless by a mortgage shown in Schedule B is named as an notify the Company thereof in writing.If such notice the policy be lost or destroyed, in which case proof Insured in Schedule A,the Insured shall include (1) shall not be given to the Company within ten days of such loss or destruction shall be furnished to the each successor in interest in ownership of such in- of the receipt of process or pleadings or if the Insured satisfaction of the Company; provided, however, if debtedness, (2) any such owner who acquires the shall not, in writing, promptly notify the Company the owner of an indebtedness secured by a mortgage estate or interest referred to in this policy by fore- of any defect, lien or encumbrance insured against shown in Schedule B is an Insured herein then such closure,trustee's sale,or other legal manner in satis- which shall come to the knowledge of the Insured, payments shall not reduce pro tanto the amount of faction of said indebtedness, and (3) any federal or if the Insured shall not,in within agency or instrumentality which is an insurer or guar- io Promptly notify the insurance afforded hereunder as to such Insured, antor under an insurance contract or guaranty insur- the Company of any such rejection all reason of except to the extent that such payments reduce the ing or guaranteeing said indebtedness, or any part claimed parry in regard of title, then all liability of amount y the indebtedness secured by such mort- thereof,whether named as an Insured herein or not, the Company in regard to the subject matter of such gage. Payment in full by any person or voluntary subject otherwise to the provisions hereof. action, proceeding matter shall cease and fermi- satisfaction or release by the Insured of a mortgage nate; provided, however, that failure to notify shall covered by this policy shall terminate all liability of in no case prejudice the claim of any Insured unless the Company to the insured owner of the indebted- 2. BENEFITS AFTER ACQUISITION OF TITLE the Company shall be actually prejudiced by such ness secured by such mortgage, except as provided If an insured owner of the indebtedness secured by failure and then only to the extent of such prejudice. in paragraph 2 hereof. mortgage described in Schedule B acquires said (c) The Company shall have the right at its (e) When liability has been definitely fixed in a estate interest, b any part thereof,by foreclosure, own cost to institute and prosecute any action or accordance with the conditions of this policy the loss trustee's sale, or other legal manner in satisfaction proceeding or do any other act which in its opinion or damage shall be payable within thirty days there- of said indebtedness, or any part thereof, or a may be necessary or desirable to establish the title after. federal agency or instrumentality acquires said estate of the estate or interest or the lien of the mortgage S. LIABILITY NONCUMULATIVE as insured; and the Company may take any or interest, or any part thereof, as a consequence of whether an insurance contract or guaranty insuring or guaran- on no action under the terms a this policy whether It is expressly understood that the amount of this teeing the indebtedness secured by a mortgage cov- thereby not it shall liability liable thereunder and shall not policy is reduced by any amount the Company may ered by this policy, or any part thereof, this policy thereby concede liability or waive any provision of pay under any policy insuring the validity S ed- shall continue in force in favor of such Insured, this policy, ule of any mortgage shown a referred to in executed by agency or instrumentality, subject to all of the con- (d) In e all cases where this policy permits or the B hereof or any mortgage hereafter n the es by ditions and stipulations hereof. requires the Company to prosecute or provide for the Insured which d a charge or lien on the estate the defense of any action or proceeding,the Insured or interest described or referred to in Schedule A, shall secure to it the right to so prosecute or provide and the amount so paid shall be deemed a payment 3. EXCLUSIONS FROM THE COVERAGE defense in such action or proceeding,and all appeals to the Insured under this policy. The provisions of OF THIS POLICY therein,and permit it to use,at its option,the name this paragraph numbered 8 shall not apply to an This policy does not insure a of the Insured for such purpose.Whenever requested Insured owner of an indebtedness secured by a mort- gainst loss or damage g by the Company the Insured shall"give the Company gage shown in Schedule B unless such Insured ac- by reason of the following: all reasonable aid in any such action or proceeding, quires title to said estate or interest in satisfaction (a) Any law,ordinance or governmental regu- in effecting settlement, securing evidence, obtaining of said indebtedness or any part thereof. lation (including but not limited to building and witnesses, or prosecuting or defending such action 9, SUBROGATION UPON PAYMENT zoning ordinances) restricting or regulating or pro- or proceeding, and the Company shall reimburse the hibiting the occupancy,use or enjoyment of the land, Insured for any expense so incurred. OR SETTLEMENT or regulating the character, dimensions, or location Whenever the Company shall have settled a claim of any improvement now or hereafter erected on said b. NOTICE OF LOSS—LIMITATION OF ACTION under this policy, all right of subrogation shall vest land, or prohibiting a separation in ownership or a in the Company unaffected by any act of the Insured, reduction in the dimensions or area of any lot or In addition to the notices required under para- and it shall be subrogated to and be entitled to all parcel of land. graph 4(b), a statement in writing of any loss or rights and remedies which the Insured would have (b) Governmental rights of police power or damage for which it is claimed the Company is liable had against any person or property in respect to such eminent domain unless notice of the exercise of such under this policy shall be furnished to the Company claim had this policy not been issued.If the payment rights appears in the public records at the date within sixty days after such loss or damage shall have does not cover the loss of the Insured,the Company hereof. been determined and no right of action shall accrue shall be subrogated to such rights and remedies in (c) Title to any property beyond the lines of to the Insured under this policy until thirty days the proportion which said payment bears to the the land expressly described in Schedule C, or title after such statement shall have been furnished, and amount of said loss. If loss should result from any to streets, roads, avenues, lanes, ways or waterways no recovery shall be had by the Insured under this act of the Insured,such act shall not void this policy, on which such land abuts, or the right to maintain policy unless action shall be commenced thereon but the Company,in that event,shall be required to therein vaults,tunnels,ramps or any other structure within five years after expiration of said thirty day pay only that part of any losses insured against here- or improvement; or any rights or easements therein period. Failure to furnish such statement of loss or under which shall exceed the amount,if any,lost to unless this policy specificallyprovides that such damage,or to commence such action within the time 1? g the Company by reason of the impairment of the property,rights or easements are insured,except that hereinbefore specified, shall be a conclusive bar right of subrogation.The Insured,if requested by the if the land abuts upon one or more physically open against maintenance by the Insured of any action Company, shall transfer to the Company all rights streets or highways this policy insures the ordinary under this policy. rights of abutting owners for access to one of such and remedies against any person or property n sll , d an streets or highways, unless otherwise excepted or 6. OPTION TO PAY, SETTLE OR in order to perfect such right of subrogation,and excluded herein. permit the Company to use the name of the (d) Defects, liens, encumbrances, adverse COMPROMISE CLAIMS Insured in any transaction or litigation involving claims against the title as insured or other matters The Company shall have the option to such rights or remedies. p y pay or settle If the Insured is the owner of the indebtedness (1) created, suffered, assumed or agreed to by the or compromise for or in the name of the Insured any secured by a mortgage covered by this policy, such Insured claiming loss or damage; or (2) known to claim insured against or to pay the full amount of Insured may release or substitute the personal liabil- the Insured Claimant either at the date of this policy this policy, or, in case loss is claimed under this ity of any debtor or guarantor,or extend or otherwise or at the date such Insured Claimant acquired an policy by the owner of the indebtedness secured by modify the terms of payment,or release a portion of estate or interest insured by this policy and not shown a mortgage covered by this policy,the Company shall the estate or interest from the lien of the mortgage, by the public records, unless disclosure thereof in have the option to purchase said indebtedness; such or release any collateral security for the indebted- writing by the Insured shall have been made to the purchase, payment or tender of payment of the full ness, provided such act does not result in any loss Company prior to the date of this policy; or (3) amount of this policy, together with all costs, attor- of priority of the lien of the mortgage. resulting in no loss to the Insured Claimant; or (4) neys' fees and expenses which the Company is obli- attaching or created subsequent to the date hereof. gated hereunder to pay, shall terminate all liability 10. POLICY ENTIRE CONTRACT (e) Loss or damage which would not have been of the Company hereunder.In the event,after notice An action or actions or rights of action that the sustained if the Insured were a purchaser or encum- of claim has been given to the Company by the Insured may have or may bring brancer for value without knowledge. Insured, the Company offers to purchase said in- arising out of the r may b the Irn against the mom Company debtedness, the owner of such indebtedness shall g mortgage transfer and assign said indebtedness and the mort- covered by this policy or the title of the estate or 4. DEFENSE AND PROSECUTION OF ACTIONS gage securing the same to the Company upon pay- interest insured herein must be based on the provi- -NOTICE OF CLAIM TO BE GIVEN ment of the purchase price. sions of this policy. BY THE INSURED No provision or condition of this policy can be (a) The Company,at its own cost and without 7. PAYMENT OF LOSS waived h changed except by writing endorsed hereon or attached hereto signed by the President, a Vice undue delay shall provide (1) for the defense of the (a) The liability of the Company under this President, the Secretary, an Assistant Secretary or Insured in all litigation consisting of actions or pro- policy shall in no case exceed,in all,the actual loss other validating officer of the Company. ceedings commenced against the Insured,or defenses, of the Insured and costs and attorneys'fees which the restraining orders, or injunctions interposed against Company may be obligated hereunder to pay. 11. NOTICES, WHERE SENT a foreclosure or sale of the mortgage and indebted- (b) The Company will pay,in addition to any ness covered by this policy or a sale of the estate or loss insured against by this policy, all costs imposed All notices required to be given the Company interest in said land; or (2) for such action as may upon the Insured in litigation carried on by the and any statement in writing required to be fur- be appropriate to establish the title of the estate or Company for the Insured,and all costs and attorneys' nished the Company shall be addressed to it at its interest or the lien of the mortgage as insured,which fees in litigation carried on by the Insured with the home office at 421 North Main Street, Santa Ana, litigation or action in any of such events is founded written authorization of the Company. California, or to the office which issued this policy.