HomeMy WebLinkAboutMS 401; FITZERGERALD LOT 113 LA COSTA SOUTH UNIT 1; Minor Subdivision (MS)e
CITY OF CARLSBAD 1 U(J-L
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• APPLICATION FOR APPROVAL OF A TENTATIVE PARCEL MAP
FOR A MINOR SUBIDIVISION OF LAND-(INTO tt OR LESS PARCELS)
AS PROVIDED FOR IN CHAPTER 20.24 OF THE -
CARLSBAD MUNICIPAL CODE
FILING FEE: $175.00
-FILING FEE RECEIPT NO.77 _-3-72 MINOR SUBDIVISION NO. MS %J
- (for office use)
DATE
TO THE CITY' ENGINEER OF THE
CITY OF CARLSBAD:
I. Request is hereby made for approval of Tentative Parcel Map of Minor
• Subdivision No. j// consisting of 2SS gross
acres, having j lots, being a proposed subdivi'sionof land for
property described 6s :
(Exact Legal Description)
'J1H - 1'6L0 77hC hF /'O/Ift a"i' & 12 ;k6 Trf) 1
t•ERoE ,y(,7 .7ci ;j .- )t(JC Of (l U(rJLfy
hc4 OL •S/e4 b /g o • -: -
generally located on the -
(North,South, East, West)
• side, of /UJ3tjft- between /71L19
(Name oTSjree'F (Name of Street)
and Ot)uo Pt.-
(Name of Street) .
ASSESSORS PARCEL NO. .
book Page Parcel
TYPE OF SUBDIVISION
n t j a 1, C omme rc I al, Industrial T -
Are the existing or proposed parcels or lots in this minor subdivision
subject to other discretionary approval (for example ) a -variance or con-
ditional use permit)? Yes No - *
PRESENT ZONE
__ _____________ the undersigned statethat WAkE the (I, We) (I am, We are)
__of the property described herein and hereby (Owner, Owners Authorized Agent)
give _________authori za ti on to the filing of this proposed tract (My, Our)
map. 1M aware of and have had an opportunity to read (I am, We are) -
Title 20 (Subdivision.Ordjnance) of the Carlsbad Municipal Code.
Name
(Typ'e
Y FGp [ T tz
Signature V140;10Vx&&:ff& AV
Name
(Typed or Printed as shown on Recorded Deed) Signature
Name *
(Typed or Printed as shown on Recorded Deed) Signature
Name • : (Typed or Printed as shown on Recorded. Deed) Signature •
Name and Address of Subdivder; - •
*
ALJ T Ft I2 'EW -. •
-: Lq,4 RNjip D/ P1W(14wy d4 gtD?) •
Name, address and phone number of Engineer or Licensed Land Suveyor:
No.
FEES AND DEPOSITS
MINOR SU8DIYISI0 *0. 401
LOT 113 LA COSTA SOUTH UNIT 1
1. Find Nap Check En $100.00
2.. Park-In-Lieu En $2373.50
3. Duplicate Tracing Deposit $ 50.00
TOTAL $2523.50
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LEVANTE- St
C>SE no Date flec'd //jg DCC Date :q/I7q PC Date_________
jDscription of Request:j4 $fle. rr; NnjM Th-tY Pfl 7. 3 fl4i
Address or Location of Request: T}4e. f-rTh n14 FOF OflJ..0 :_
pVjvs,
Ii pp1icant: &EP- N FlTZ/-F&l 1?
Engr or Arch
Brief Legal: Lj ci rr ~g ccA iNrr c
Assesor Ecok: Page: sgn Parcel: (r7
General Plen Land Us:! Dazcription -
Lzisting toe: _Propo3ed Zone:________________________
__ of L-ots: _DU's
Sviscol Diotrict: 4
;atr Diri:t: (LJ\,4-LSS$1_-' _SarLLtaticfl District:Lurzp;Lr:iLn
Coast Pe=t Ana:
CLTA STANDARD COVERAGE — 1973
POLICY
r; fm~": POLICY OF TITLE INSURANCE
ISSUED BY
TniLs lmsun"ca COMPAPM
OF MINNESOTA
a Corporation, of Minneapolis, Minnesota
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, TITLE INSURANCE
COMPANY OF MINNESOTA, a corporation. herein called the Company, insures the insured, as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the amount of insurance stated iii Schedule A. and cost, attorneys'
fees and expenses which the Company may become obligated to pay hereunder sustained (it incurred by said insured by 7'
ieaoiI in:
3. Title to the estate or interest described in Schedule A being vested other than as stated therein'
2. Any defect in or lien or encumbrance on such title: -
3. Uninarketability of such title: or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or
highway if the land, in fact, abuts upon one or more such streets or higliwa
and in addition, as to an insured lender only.
5. Invalidity of the lien of the insitted inortoge tips atd estate or interest esaxpi to the extent that such
invalidity, or claim thereof, arise' out of the transaction esideitced by the insured mtrtage and is based
upon
Ott a. usury, or
b. any consumer credit protection or truth in leiidniu t.iw,
5. Priority, of any lien or encunibi once over I lie Iirii i it the insured irnu tage said rnoi igage being shown to
Schedule B in the order of its priority, ti
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B.
IN WITNESS WHEREOF. Title Insurance Company of Minnesota has caused its corpoiate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
AN
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Coun rsig & ATTEST .fll@Jdt
ai,Iaiunw t1i.rr
TIE $NSURANCE COMPANY
OF MINNESOTA
Prresident
T. I M 645249 Secretary
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy
mean:
(a) 'insured"; the insured turned in Schedule A. and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured
by operation of law as distinguished from purchase
including. but not limited to, heirs, dictributees, devisees. surt'iuors, personal reprecentatives. next of kin, or corporate or fiducial) succe.'a'rs. ]he term "insured" also includes ill the owner of the indebtedness secured by the insured mortgage and
each suiccs''n in ownership of suth indehiedne"
(reserving, ltnweuer, all nglus and defenses as to
any such successor who acquires the indebtedness by operation of Law as described in the first sentence of this subparagraph (a) that the Com-
pany would have had against the successor's
transferor), and further includes (-ill any govern-
mental agency or instrumentality which is an insurer or guarantor under an insurance contract
or guaranty insuring or guaranteeing said indebt-
edness, or any part thereof, whether named as an
insured herein or not, and (iii) the parties desig-nated in paragraph 2(a) of these Conditions and Stipulations.
(h) "insured claimant": .in insured claiming
loss or damage hereunder.
(c) "insured lender": the owner of an insured
mortgage.
(d "insured mortgage" a mortgage shown in Schedule 3, the owner of which is named as an insured in Schedule A.
let "knowledge": actual knowledge. not c"n structave knowledge or notice which may be
imputed to an insured by reason of any public
records.
(fl "land": the land described, specifically or by reference in Schedule C, and improvements affixed thereto which by law constitute real
property: provided. however, the term "land" does not include any -area t-clt-ded by l'aragr.ipli No 1.
at Part I of Schedule B of this Pdic
kg) "mortgage": mortgage. deed of trust, trust deed, or other security instrument.
4W "public records": those records wisith by law impart constructive notice of matters relating to The land.
2. (a) CONTINUATION OF INSURANCE AF-
TER ACQUISITION OF TITLE BY INSURED
LENDER
If this policy insures the owner of the indebted-ness secured by the insured mortgage, this policy
shall continue in force as of Date of Policy in favor
of such insured who acquires all or any pun of the
estate or interest in the land described in Schedule
A by foreclosure, trustee's sale, conteyanec' in lieu
of foreclosure, or other legal manner svhich dk-
charges the lien of the insured mortgage, and if
such insured is 'a corporation, its transferee of the
estate or interest so acquired, pr-iuidcd the trans-
feree rx the parent or wholly owned subsidiary of
such insured; and in favor of any governmental
agency or instrumentality which aiquires all or an)
part of the estate or interest pursuant to a contract
of insurance or guaranty insuring or )umnleeli;e
tIle mdi tileilni- S Sit •tr'il by ila- 'ii old tori up'
aStler ,i,,; stidi .' ',mu ilium the ,tniomuiui .1 III, allonke
hereunder, exclusive of costs, attorneys' fees and
expenses viuch the Company may he obligated to
pa;, shall not exceed the least of-
(i) the amount of insurance stated in Schedule
A.
(hi the amount of the unpaid principal of the
indebirness plus interest thereon, as determined under paragraph 614iiiiil bert. e\pcnscs 1 for-ui-tire tflj iniiliir,I ittiantcj 1, pr-lu i ii, tic ii
u-I fbi Li,sutm,ci in rttagc iii - •pi 1 lii s_oct
insured mortgage at the ttm,',it uc4u I ill-ri -i ucli estate or in;eieq In the land; or
(in) the amount paid by any governmental
agency or instrumentality, if such agency or instrumentality is the insured claimant, in acquisi-
tion of such estate or interest in satisfaction of its
insurance contract or guaranty.
(h) CONTINUATION OF INSURANCE AF-
TER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so
long as such insured retains an estate or interest in
the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability b; reason of coven-ants of Warranty
made by such insured in any transfer or convey-ance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured b1 purchase money mortgage given to such insured.
3, DEFENSE AND PROSECUTION OF AC-
TIONS - NOTICE OF CLAIM TO BE GIVEN
BY AN INSURED CLAIMANT
(a) The Company. at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such
litigation involves an alleged defect, lien, encum-
brance or other matter insured against by this policy.
(b) The insured shall notify the Company
promptly in writing (i) in case of any litigation as set forth in (a) above. (u) in case knowledge shall
come to an insured hereunder of any claim of title
or interest which mc adverse to the title in the estate
or interest or the lien of the insured mortgage, as
insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not he given to tIme Compan;, then as to such insured
.111 hahijitu of the ('ompany shall cease and terminate in regard ii' the matter or matters for
which such prompt notice is required; provided,
however, that failure to notify shall in no case
prejudice the rights of any such insured under this
policy unless time Company shall be prejudiced by
such failure and then only to the extent of such
prejudice.
let The Company shall have the right at its
own cost to institute and without undue delay
prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as
insured; and the Company may take any appz-
priate action, whether or not it shall be liable
under the terms of this policy, and shall not
thereby concede liability or wane any provision of this policy.
(di Wheneser the Cc'mpan) shall have brought
any action or interposed -a defense as required or permitted by the provisions of this policy, the
Company way pursue an) such litigation to final
determination by a court of competent jurisdiction and epres4y reserves the right, in its sole discre-tion, to appeal fr,im aim adverse judgment or
(ci Jim ill caus subs i- this pt.ltt pr'itiihts 01 requires the ('ompan) to prosecute or provide for
the defense of an; action or proceeding, the
insured hereunder 'hail ceure Ic' theCompan; the right to so prosecute or provide defense in such action or proceedmna, and all appeals therein, and permit the Comport; to use, at its option, the name
Of such insured for such purpose. Wheneter requested hy the (imparts - such insured shall gist lbs (-imparts. it thc 1 ?Iuliifl's C'PclFs ill oahh- 4111 (II iii an) -mit ii ,it html or 'rucc-vdmng in cites, ting settlemoent, scearilig esidince, obtain-
Intl Witnesses. Or prosecuting or defending such
action or proceeding, and 42) in any other act which In the opinion of the Compan) may be necessary or desirable totestablish the t%$e to the estate or interest or die lien of tee insured
mortgage, as insured, including but not limited to executing corrective or other documents.
4. PROOF OR LOSS OR DAMAGE - LIMITA-
TION OF ACTION
In addition to the notices required under Paragraph Sib) of these Conditions and Stipula-tions, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance - on the title, or other matter insured against by this
policy which constitutes the basis of loss or -tnage. td, when approprte, gate -the bans of
calculating the amount of such loss or damage.
Should such proof of loss or damage MI to
state facts sufficient to enable the Company to
determine its liability hereunder, insured claimant,
at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination.
No right of action shall accrue to insured Claimant until 30 days after such proof of loss or
damage shall have been furnished.
Failure to furnish such proof of loss or damage
shall terminate any liability of the Company under
this policy as to such loss or damage.
S. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS AND OPTIONS TO PURCHASE IN-
DEBTEDNESS
The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to terminate all liability and obligations of the Company here-
under by paying or tendering payment of the
amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized
by the Company. In case loss or damage is claimed
under this polic) by the owner of the indebtedness secured by the Insured mortgage, the Company shall have the further option to purchase such
indebtedness for the amount owing thereon to-
gether with all costs, attorneys' fees and expenses which time Company Is obligated hereunder to par. If the Company offers to purchase said indebted-ness as herein provided, the owner of such in-debtedness shall transfer and assign said indebted-ness and the mortgage and any collateral securing the same to the Company upon payment thcrefor
as herein provided. Upon sucltpffer being made by
the Company, all liability and obligations of the
company hereunder to the owner of the indebted-
ness secured by said insured mortgage, ether than
the obligation to purchase said indebtedness pur-
suant to this paragraph, are terminated.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under thi'
r- 'ltes 'halt in no saw exceed the ira-a of
(ml lbv acimiab hiss at liii' tt,suiu ii claImant, .ij
(ii) the amount of insurance stated in Schedule
A, or, if applicable. the amount of insurance as defined in paragraph 2(a) hereof; or
(iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided said owner is the insured claimant, the amount of the unpaid principal of and indebted-ness, ptuc iniere't thereon, prc,sed such amount slut) not include an; additional prmcipal indebted' ncss created subsequent to fate of Polk;, rALW
a, to amounts adsanced to protect the lien of the
insured mnungage and secured thereby.
I
CIJA Standard tosses - 173
SCHEDULE A
One of Policy:
No. 1 645249
14156-01
1. Name of Insured:
JUNE 1, 1978 M 8:00 AM
Amount of Insurance: $ 33,000.00
Charge: $ 159.20
GERALD T. FITZGERALD AND DEBRA J. FITZGERALD
2. The estate or interest referred to herein is at Date of Policy vested in -
V_" AT.Th T. FITZGERALD AND DEBRA J. FITZGERALD,
HUSBAND AND WIFE AS JOIST TENANTS
3. The estate or interest in the land described herein and which is covered by this policy is a fee.
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise
by reacof the following:
- - PART
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.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency 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 the land or by making inquiry of persons in pnssession thereof.
3. Easements, liens or encumbrances, or claims thereof, 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. (a) Unpatented mining claims: (I,) reservations or exceptions in patents ot in Acts authoriting the issuance thereof;
(C) water rights, claims or title to water,
6. Any right, title, interest, estate or easement in land be)nnd the linQN ui the aici peciIcall described ii referred to
in Schedule A, or in abutting streets, roads, avenues, alk , lanes, \3; S or atcr'\at s. but nothing in this paragraph
shall modify or limit the extent to which the ordinary iighi of an abutting o'.cncr for access to a physically open
street or highway is insured b this policy.
Contr'uedt
. .
CL.TA Sbndad C*SaU. - 73
SCHEDULE B (Continued)
7. Any law, ordinance or govemntntal regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law.
ordinance or governmental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights
appears in the public records.
?. Defects, liens, encumbrances, adv.rse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the
insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this
policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not
have been sustained if the insured claimant had been a purchaser or encumbrancer fur value without knowledge.
PART If
1. GENERAL AND SPECIAL COUNTY AND CITY TAXES
FOR THE FISCAL YEAR 1978-1979
A LIEN NOT YET PflABLE.
2. COVENANTS, CONDITIONS AND RESTRICTIONS IN THE DECLARATION OF RESTRICTIONS
RECORDED : JUNE 3, 1968 AS FILE NO. 92491 AND
RE—RECORDED JULY 1, 1968 AS FILE NO. 110666
RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN
ARE DRZrZD.
WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID
SHE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR
VALUE.
nTh 1*VUARTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED
Zr a nsr
EXECUTED BY LA COSTA LAND COMPANY, AN ILLINOIS CORPORATION
RECORDED MARCH 26, 1969 AS FILE NO. 52717
SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED
81 AN INSTRVOENT
EXECUTED BY LA COTA LAND COMPANY, AN ILLINOIS CORPORATION
RECORDED JANUARY 10, 1972 AS FILE/PAGE NO. 5714
e
C&TA standatd ConqaI. —1473
. .
- SCHEDULE C
The land referred to in this policy is situated in the County of SAN DTECfl
State of California, and is described as follows:
isr US OF LA. COSTA. SOUTH UNIT NO. 1, IN THE COUNTY OF SAN DIEGO, STAlE
OF CALTIORNIL, ACCORDING TO MAE THEREOF NO • 6117, FILED IN THE OFFICE OF
THE COUNTY RECOSDER OF SAN DIEGO COUNTY, JUNE 3, 1968.
ft
C
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.
40
III) The Company will pay, in addition to any Ice. nnur.,SInit by this polity. all LOS IS unposed upon an Insured In litigation cart Lest • ii by
the Company for such insured, and all is's!',
attorneys' fees and expenses in litigation LamcJ on
In, such insured with the written authorization of the Company.
(C) When the amount of loss or damage has been definitely fised in aLcordance with the ctrnditions of this policy. The loss or damage shall be payable within 30 days thereafter.
1. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, bylitiga-lion or otherwise, removes such defect, lien or encurñbrante or establishes the title, or the lien of
the insured mortgage, as insured, within a reason-
able time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdic-tion, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured
mortgage, as insured, as provided in paragraph 3
hereof; or (o) for liability Noluntatily admitted or
assumed by an insured without prior written consent of the Company.
S. REDUCTION OF INSURANCE; TERMIN-
ATION OF LIABILITY
All payments under this policy, except pay-
ment made for costs, attorneys' fees and expenses,
shall reduce the amount of the insurance pro tanto;
presided, however, if the oner of the indebted-ness secured by the insured mortgage is an insured hereunder, then such payments, prior to the acquisition of title to said estate or interest as
provided in paragraph 2(a) of these Conditions and
Stipulations, shall not reduce pro tanto The amount of the insurance afforded hereunder as to any such insured, except to the extent that such payments
teduce the amount of the indebtedness secured by
such mortgage.
Payment in full by any person or voluntary
satisfaction or release of the insured mortgage shall
terminate all liability of the Company to an
insured owner of the indebtedness secured by the
insured mortgage, except as provided in paragraph
2(a) hereof.
9. LIABILITY NONCUMULATIVE
It is expressly untie isi i ii that tile .ini', on I of in'urance under this pihis as to the iiisuted owner of the estate or intere'l csnered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a hen on the estate or interest
covered by this pulic3. or (h) a mortgage hereafter executed by an insured which is acharge or lien on the estate or interest described it referred to in
Schedule A, and the amount 5 paid shill be
deemed a payment under this t'lit3. The Corn-
pany shall hase the option to apply to the payment or any such mortgage any amount that otherwise would be payable hereunder to the inured owner of the estate or interest covered by this policy and the amount so paid shall be deemed 4 payment -under this policy to said insured owner.
The provisions of this paragraph 9 shall not
apply to an owner of the indebtedness secured b}
the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof.
10. SUBROGATION UPON PAYMENT OR SET-TLEMENT
Whenever the Company shall have paid or
settled a claim under this policy, all right of
subrogation shall vest in the Company unaffected by any act of the insured claimant. except that the owner of the indebtedness secured by the insured
mortgage 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 front the hen of
the insured niortga1,e. or release .mnv cs-'tl.iiei,J
security for the indebtedness, provided such act occurs prior to receipt of such insured of notice of any claim of title or interest adterse to the title to
the estate or interest or the priority of the lien of
the insured mortgage and does not result in any
toss of priority of the lien of the insured mortgage.
The Company 'shall he subroga ted to and be
entitled to all rights and reniedirs whhh sush insured claimant would hve had against any
person or property in respdct to such claim had
this policy not been issued, and the Company is hereby authorized and empowered to sue, com-
promise or settle in its name or in the name of the
insured to the full extent of the loss sustained by
the ( tonpins-. If requt sted h} the ('ompan3, the iasnrcst shill t'st cute any and all documents to eust,,ae III, ss iih,in subrogation. It the payment does not over the loss of such insured claimant. the Company shall be subrogated to jcli lights and remedies in the proportion which said.pay. ment bears to the amount of mid loss, but such
subrogatftn shall he in subordination to an insured mortgage. If loss should result from any act of such
inured claimant, such act shall not void this
polk), but the Company, in that event, shall as to
sot It insured ilainiant he required to pay only that
pall of .mv Ii ,csts ni'.iirc,l against hereoudet svhtdi
'-lull exctcd the amount, if any, host to the
Compan) by reason of the impairment of the right
of subrogation.
11. LIABILITY LIMITED TO THIS POLICY
lids instrument together with all endorsements
and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company.
An) claim of loss or damage, whether or not based on negligence, and which arises out of the
statii-. of the lien of the insured mortgage or of the
title to the estate or interest covered hereby, or
an) action asserting such claim, shall be restricted
to the provisions and conditronsand stipulationsf this policy.
No amendment of or endorsement to this policy can be made except by writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or auth-onzed signatory of the Company.
No payment shall he made without producing
this policy for ei'dc,rsemeni of such payment unkss the policy fie lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company.
12. NOTICES, WHERE SENT
All notices required to be given the Company
and any statement in writing required to be furnished the ('ilinpany shall be addressed to it at
the office which issued this policy or to its Home Office, Minneapolis. Minnesota.
13. THE CHARGE SPECIFIED IN SCHEDULE
A IS THE ENTIRE CHARGE FOR TITLE
SEARCH, TITLE EXAMINATION AND
TITLE INSURANCE.
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