HomeMy WebLinkAbout; PACIFIC VISTA ESTATES, INC.; 46040; Property,”. tFb q * RECORDING REQUE -.. ‘\ .P % . - 6RdrnE k 6 e .. tc,!y, p Q
W/PAGE NO.------------ - . .__ .*’ 2”?u
- RECORDED REQUEST OF
AND WHEN RECORDED MAIL TO SECURITY TITLE INSURANCE COMpAIW ,I .> NAME^^ /v op cheGB&D’ MAR I 8 9:OO AM’66 L . (->
SERIES 7 BOOK 1966 ‘4‘ ,,‘
ADDRESS >Tba p[ 0 pic 0 Dta, OFFICIAL RECOROS ,a /I SAN OlEGO COUNlY, CALIF. ,.? ’- CITY a
STATE LC 4 EL% C&LiF. J AS. GRAY,COUNTYRECORDER.’,,;
0 FEE Title Order No. 4-i’ j2 -I & Escrow No.
,% < ,I /’,. 1,’
ET LIN F F.COPc1F.Q’S I1 F -
MAIL TAX STATEMENTS TO Return address above
AFFIX I.R.S. $..............-. C,
-
3 - 1
L-2 THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY -
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PACIFIC VISTA ESTATES, INC ., a California corporation,
hereby GRANT(S) to CITY OF CARLSBAD, a Municipal corporation,
the following described real property in the
county of Sm Bego , state of California:
I& 1, El Camino Mesa Unit No. 1, in the City of
Carlsbad, according to Map thereof No, 5493, filed
in the office of the County Recorder of San Diego
County, November 10, 1964.
@
Dated February 21, 1966
STATE OF CALIFORNIA,
COUNTY OF UDj.eo.0 f ss.
c-
OnFebrUS€?Cbefore mi, the under-
signed, a Notary Public in and for said County and State, personally
3 appeared Jerry 1’. Rombotis 9
6 known to me to be the President, an, FOR NOTARY SEAL OR ST/ I -er’Y - , known to me to be
iCe-PreSidr3nt SXXiXq of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or resolution of its board of
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; 4- CFFiClAi SEAL
,--e 1 n ISWF”, : A:Gz- 1 -2 ..ik, \ ..,. p. rn -7
a a
a +b&b4 188
3- ~"___ C27TiFICATE OT ACCEPTANCE 386
. This is to certifg that '" Lerest in real property Ln-& con\?eyeci by ./:d~vbd -4.25 &Ac
.' * dated Ft!&y ai, 196 6, from $?a* 'd& m, bc
oration znd./c~.- gr,-:z~i-;-..n'-al F";;.zET::;, i-: b:?-:cbg arcnpted
the / <.ag of >we i?L 6 , CE,.?~ .,;:E: g-~antes consents
to recordation thereof by its duly zii-bhorized officer.
DATED: wLQ& 7, / 96 6
, to tZla C!:ty P? C?.rl.sSad, a politi.ca1 corp-
by ~rdz of i;hs C1'i.g @o-cncil 0," +-?..> ;:< ;;y of C::,,r?sbad on
,,
CITY OF CAELSEBD \.
L.
BY 27-d E Lz2e+Ww,
City Clerk
.o .a A"". 0 -I-LILV
. P-218 (G.S.) Rev. 1-63 r 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 in
or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the a
stated in Schedule A, together with costs: attorneys' fees and expenses which the Company may become obligated as provided in the Conditions and Stipulations hereof, which the insured shall sustain by reason of the matters nun 1 to 4 in Part Three of Schedule B of this policy.
CLTA- 1963 SCHEDULE A STANDARD COVE
Insured :
CITY OF CARLSBAD
Policy No: 411128 Consideration paid for this policy: 45 48.30 (D-1)
Effective d8te:March 18, 1966 at 9 :OO A,M. Amount of liability: $ 63 800 -00
The estate or interest in the land described or referred to in this schedule covered by this policy is:
A FEE:
Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF CARLSBAD, a Municipal corporation
The land referred to in this policy is situated in the State of California, County of Sari Diego
and is described as follows:
Lot 1, of El Camino Mesa Unit No. 1, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof
No. 5493, filed in the Office of the County Recorder, November 10, 1
9 13 167-150-1
, - . - . . - - ” - - P-218-B (G.S.) (Rev. 1.E3) w
SCHEDULE B
This poiicy does not insure against loss or damage by reason of :he matters shown in Parts One and Two of Schec
PART ONE:
1. County, City and special district taxes and assessments for tl fiscal year 1966-67, a lien not yet payable.
2. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 925 (El Camino Real), where required for the construction and maintenance of Road Survey No. 925 (El Camino Real) as granted to County of San Diego in deed recorded February 7, 1945 in Book 1820, page 249 of Official Records.
3. Slope easements affecting the Southwesterly 6 feet of Lot 1 herein described as shown and dedicated to public use on Map No. 5493 of El Camino Mesa Unit No. 1.
4, An indication of a relinquishment of abutters’ rights of acce along the Southwesterly line of Lot 1 herein described, as set out o Map No. 5493 of El Camino Mesa Unit No. 1.
P-bla-BB (G.S.) (Rev. 1-63) .(, w
SCHEDULE B (Continued)
PART TWO:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that le
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 ascel
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
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 then
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 de
referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excll
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 o
named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mor!
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 il
B, or excluded from coverage in Schedule B or in the Conditions and Stipulations, said mortgage being
Schedule B in the order of its priority;
all subject, however, to the provisions of Schedules A and B and to the Conditions and Stipulations hereto anne:
In witness whereof, Security Title Insurance Company has executed this policy by its authorized officers, as (
set forth in Schedule A, the effective date of this policy.
I%
I ."". ., .. . . . . . ...~ .. . /- : i , .,' - ,_ /.,. ., .. - . , I .. ~ '. " : An Authorized Signature .,,--..~ x/- " ... __ ,,. :..I' .." " ,.I . ... ,/,' -
, . ..
I . . .. .. C" ,, .. . : , , - - . :. .. .. '. .< " -7. I. . >:.:- . . 5 ._ ..
P-218-ST (G.S.) (Rev. 1-63) .w - 1. Definition of Terms
The following terms when used in this policy mean:
b reference, in Schedule A and improvements (a) "land": the land described, specifically or
ahxed thereto which by law constitute real property;
(b) "public records": those records which im- yt;;;constructive notice of matters relating to said
structive knowlelge'or notice which may be imputed (c) "knowled e" actual knowledge, not con-
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 Instruments; and (f) "insured": the party or parties named as Insured, and If the owner of the indebtedness se- cured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who ac uires the estate or interest to in this policy by yoreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality
contract or guaranty insurin which is an insurer or guarantor under an insurance uaranteeing said indebtedness, or any part t%e:io? whether named as an Insured herein or not, subject otherwise to the provisions hereoi.
2. Benefjts after Acquisition of Title
by a mortgage described in Schedule B acquires
If an insured owner of the indebtedness secured
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 giaranty insuring or guaranteeing the indebtedness secured by a mortgage covered by this po!icy, 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:
lotion (including but not limited to building and (a) Any law, ordinance or governmental regu-
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 herehiter 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 the exercise of such rights appears in the public records at the date hereof.
(c) Title to any property be ond the lines of the land expressly described in Scledule A, or title to streets, roads, avenues, lanes, ways or waterways
therein vaults, tunnels, ramps or any other struc- on which such land abuts, or the right to maintain
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.
against the title as insured or other matters (1) (d) Defects. liens, encumbrances, adverse claims
Insured claiming loss or damage; or (2) known to created, suffered, assumed or agreed to by the
the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless dis- closure thereof in writing by the Insured shall
of this policy; or (3) resulting in no loss to the have been made to the Company prior to the date
Insured Claimant; or (4) attaching or created sub- sequent 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
undue delay shall provide (1) for the defense of the (a) The Company, at its own cost and without
Insured in all litigation consisting of actions or roceedings commenced against the Insured, or de- Enses, restraining orders or injunctions interposed
indebtedness covered by this policy or a sale of against a foreclosure or 'sale of the mortgage and
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 !he mort- gage as insured, which litigation or action in an of
or encumbrance insured against by this policy, and such events is founded upon an alleged defect, lien
may pursue any litigation to final determination in the court of last resort.
CONDITIONS AND STIPULATIONS
(b) In case any such action or proceeding shall be begun, or defense interposed or in case knowl-
or interest which is adverse to the title of the estate edge shall come to :he Insured if any claims of title
or interest or lien of the mortgage as insured, or
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-
policy refuses to purchase and in any such event closure sale under a mortgage covered by this
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.
cost to institute and Drosecute any action or Dro-
which might cause loss or damage for which the
(cl The Company shall have ths ~igkt ai its own
ceeding or do any oiher act whiih in its opiiion 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.
requires tb.e Company to prosecute or provide for (d) In all cases where this policy permits or
the defense of any action or proceeding, the Insured
vide defense in such action or proceeding, and all shall secure to it the right to so prosecute or pro-
appeals therein, and permit it to use, at its ootion the name of the Insured for such purpose. When: ever requested by the Company the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, se-
or defending such action or proceeding and the curing evidence, obtaining witnesses, or prosecuting
Company shall reimburse the Insured fir any ex- pense 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 shall be furnished to the Company within si%FJ age shall have been determined and no right of ays after such loss or dam-
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 stcrtement of loss or damage, or to commence such action within the time hereinbefore specified
the Insured of any action under this policy. shall be a conclusive bar against maintenance b;
6. Option to Pay. Settle or Compromise Claims
settle or compromise for or in the name of the In- The Company shall have the option to pay or
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
Company shall have the option to purchase said secured by a mortgage covered by this policy, the
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
the event, after notice of claim has been given to terminate all liability of the Company hereunder. In
purchase said indebtedness, the owner 07 such in- the Company bv the Insured, the Compan offers to
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
icy shall in no case exceed, in all, the actual loss (a) The Iiability of the Company under this pol-
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 agcinst by this policy all costs imposed upon the Insured in litigation carried on by the
neys' fees in litigation carried on by the Insured Company for the Insured and all costs and attor-
with the written authorization of the Company.
(c) No claim for damages shall arise or be maintamable under this policy (1) if the Company, after having rqceived notice of an alle ed defect lien or encumbrance not excevted or excyuded here; ~~~ ~~~~.
in removes such defect, lien or encum a reasonable time after receipt of SL
in settling any claim or suit without u (2) for liability voluntarily assumed b
of the Company, or (3) in the event t
or encumbrance not excepted or exc policy. until there has been a final by a court of competent jurisdiction SI rejection.
ments made ior costs, attorneys' fees I
(d) All payments under this policy
and no payment shall be made with shall reduce the amount of the insura
this policy for endorsement of such PC the policy be lost or destroyed in whit of such loss or destruction shah be fur satisfaction of the Company; provided the owner of an indebtedness securec gage shown in Schedule B is an Insure such payments shall not reduce PI amount of the insurance afforded her such Insured, except to the extent th ments reduce the amount of the indt cured by such mortgage. Payment in person or voluntary satisfaction or re Insured of a mortgage covered by this terminate all liability of the Company t owner of the indebtedness secured b gage, except as provided in paragrap
(e) When liability has been defini
loss or damage shall be payable withi thereafter.
8. Liability Noncumulative
It is expressly understood that the a policy is reduced by any amount the C pay under any policy insuring the vc
Schedule B hereof or any mortgage ! ority of any mortgage shown or re
ecuted by the Insured which is a char< the estate or interest described or re Schedule A, and the amount so po
The provisions of this paragraph numt deemed a payment to the Insured unde
not apply to an Insured owner of an secured by a mortgage shown in Schec such Insured acquires title to said esta in satisfaction of said indebtedness , thereof.
9. Subrogation upon Payment or Settler
Whenever the Company shall have se under this policy, all right of subrogati, in the Company unaffected by any a( sured, and it shall be subrogated to titled to a!! rights and remedies which would have had a ainst any person 01
issued. If the ayment does not cover tt respect to such c%im had this polic
Insured, the 8ompany shall be subrogq rights and remedies in the proportion payment bears to the amount of said should result from any act of the Insurc
event, shall be required' to pay only shall not void this policy but the Comp
any losses insured against hereunder exceed the amount if any lost to the (
The Insured, if requested b the Cor reason of the impa<rment oi the right of
against any person or property necessc transfer to the Company alr rights a1
to perfect such right of subrogation an mit the Company to use the name df th, any transaction or litigation involving or remedies. If the Insured is the owner of the i secured by a mortgage covered by this Insured may release or substitute ti liability of any debtor or guarantor, o otherwise modify the terms of payment a portion of the estate or interest from the mortgage, or release any collateral the indebtedness provided such act doe in any loss of Griority of the lien of th
10. Policy Entire Contract
Any action or actions or rights of acti Insured may have or may bring agains pany arising out of the status of the mortgage covered by this policy or the estate or interest insured herein must b, the provisions of this policy. No provision or condition of this pol waived or changed except by writin! hereon or attached hereto signed by tht a Vice President, the Secretary, ar Secretary or other validating officer of tht
11. Notices, Where Sent
and any statement in writing required ished the Cqmpany shall be addressed office which Issued this policy.
12. THE FEE SPECIFIED ON THE FAC: POLICY IS THE TOTAL FEE FOR TITI AND EXAMINATION AND FOR TITLE I1
iected as unmarketable because of (
accordance with the conditions b! \h;
All notices required to be given thc
"_ " \-.--I ~~~ . -I--. .Ip .J,
FRESNO COUNTY NAPA COUNTY Fresno Napa Phone: 266-9721 1370 Second Street
Mariposa Street Office Phone: 226-3727
1927 -Mariposa Street
Fresno Title Office 1234 L Street
IMPERIAL COUNTY El Centro 654 Main Street Phone: ELgin 2-201 1
KERN COUNTY Bakersfield
Phone: 327-5785 1424 17th Street
ORANGE COUNTY
825 North B:oadway Santa Ana
Phone: 547-7251
RIVERSIDE COUNTY Riverside
Phone: 684-1400 8th 6 Orsrnge Streets
SACRAMENTO COUNTY
2328 K Street Sacramento
Phone: GIlbert 1-5341
KINGS COUNTY SAN BERNARDINO COUNTY Hanford 208 West 7th Street Phone: LUdlow 4-3381
Sun Bernardino 480 Court Street Phone: Turner 9-3531
LOS ANGELES COUNTY
Los Anaeles
3444 VJhhire Boulevard Phone: DUnkirk 1-31 11
SAN DIEGO COUNTY Sun Diego Third Avenue at "A" Phone: 232-4031
SAN LUIS OBISPO COUNTY Sun Luis Cbispo 11 19 Chorro Street Phone: LIberty 3-821 1
SAN MATE0 COUNTY Redwood City
Phone: 369-6771 749 Brewster Avenue
SANTA BARBARA COUNTY Santa Barbara
Phone: Woodland 6-6131 1014 State Street
SOLAN0 COUNTY Vallejo
Ph0r.e: MIdway 3-4521 840 Tuolumne Street
STANISLAUS COUNTY Modesto 920 12:h Street Phone: 523-4521
MADERA COUNTY SAN JOAQUIN COUNTY TULARE COUNTY
Madera 129 South D Street Phone: CRchard 3-3553
Visalia Stockton 119 South Locust Street Sun Joaquin County Abstract Office 217 North Sun Joaquin Street Phone: REdwood 2-4761
Phone: 466-5821
MERCED COUNTY Merced
Phone: RAndolph 2-391 1 1944 M Street
VENTURA COUNTY Stockton Guaranty Title Office Ventura 233 East Weber Street Phone: Howard 6-4291 Phone: 485-3161 2660 E. Main Street
SECURITY TITLE INSURANCE COMPANY policies are also written in the counties listed below, and in
States of Hawaii,, and Washington. This policy was written in the county shown on the first page.
ALAMEDA COUNTY MONTEREY COUNTY SHASTA COUNTY Oakland Monterey Redding Northwestern Title Company Coast Counties Land Title Company Redding Title Company
1615 Webster Street 439 Tyler Street 1601 Pine Street
Phone: 834-7665 Phone: 375-2262 Phone: 241-6363
AMADOR COUNTY Jackson Western Land Title Company 34 Summit Street Phone: 223-0482
BUTTE COUNTY Oroville Northwestern Title ComDanv of ~Aj
2622 Cro Dam Boulevard Butte County
Phone: 533-1666
CALAVERAS COUNTY
Sun Andreas
Hathawav Blda.. St. Charles Street Golden Chain Title Company
Phone: 754-3857
CONTRA COSTA COUNTY
Walnut Creek Financial Title Company
Phone: 932-1555 1555 Mt. Diablo Blvd.
HUMBOLDT COUNTY' Eureka Humboldt Land Title Company 6th & "I" Streets Phone: HIllside 3-0837
MARIPOSA COUNTY Mariposa
Box E Mariposa County Title Co.
Phone: Woodland 6-3818
PLACER COUNTY Roseville
426 Vernon Street Fidelity Title Company
Phone: Sunset 3-8192
SAN FRANCISCO COUNTY
Sun Francisco Northwestern Title Company
3557 Geary Bodevard of Sun Francisco
Phone: SKyline 2-4770
SONOMA COUNTY Santa Rosa Northwestern Title Security 535 Fourth Street Phone: LIberty 2-5185
TEHAMA COUNTY
Red Bluff Northern California Title Cc
Phone: 527-5421 349 Pine Street
STATE OF HAWAII Honolulu Securitv Title CorDoration
Phone: 513-107 125 Meichant Strekt
SANTA BARBARA COUNTY STATE OF WASHINGTON Santa Barbara Grant County Sank aarbara Title Company 21 West Carillo St. Phone 966-3975 234 First Avenue N.W.
Ephrata Coluxbian Title Company
Phone: SKykomish 4-2505
SANTA CLARA COUNTY Island County
Sun Jose Oak Harbor
Valley Title Company g ' Island Title Company
38 North First Street i 1250 West Pioneer Way
Phone: 292-7150 (P.O. Box 774) Phone: OR 5-5919
SANTA CRUZ COUNTY Snohomish County Everett Santa Cruz Land Title Company of Penniman Santa Cruz County Title Co. Snohomish County
Phone: GArden 6-1711 1537 Pacific Avenue 5021 Claremont Way Phone: ALpine 9-9101
SECURITY TITLE POLICIES AND SERVICES ARE AVAILABLE IN THE COUNTIES SHOWN AB
.I 0. .e '< 80 * 412128
P-218 (G.S.) Rev. 1-63
.* I - _.
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
or, if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding thr
stated in Schedule A, together with costs, attorneys' fees and expenSe8 which the Company may become o&atc
a5 provided in the Conditions and Stipulations hereof, which the insured shall sustain by reason of the matters n 1 to 4, in Part Three of Schedule B of this policy.
CLTA - 1963 SCHEDULE A STANDARD CO'
Insured :
c zzy c;T !;L3J2L<xq>
Policy No: i!.>w>,.$28 Consideration paid for this policy: $ &f,;3,3 Ea-; 9 'd
,,
;I
Effective date: ;s~~i~~~s Y:3 ~,~~~:;~ z..~ .: -:?!-, .- *-
,,
<, I, %f'.+ ~<, o LC- * Amount of..,li~bi.lit~i,:$, ,, , I, ,, : j &j&c eaG
.bl.l ...,, "". ,''.
-Llil" ,,,, "t ,, .?, .,
The estate or interest in the land described or referred to in this schec$$e+?overed by this policjl&:
,I
, ., is, "I " ', .. - :;
,, ,,
The land referred to !I$ this policy is",pituated in the State of California, County of
and is described as fd&vs: i,i" ,'
6, Sagl 3SPego ,I8 .
:, '4,.
"tY ''*'#,,> "' , ',,~ *,,.,.".,,1 ,,'' ,,,'
fA3t 1, of El C&iZzxG'"~.";,ez~~ Unit, 30. 3, in -&ke City af Carlsbsd, /
Counky of Seaz Xegs, &%stc a2 CaZlLA~r~xb, r;ccsr&ng to Shp thereof
No, 5493, filed in the OfP"tce of t~~e ~R-LQ~ F&COP~~P~ ?~ovembr 16,
913 15p150-3.
I
-1 -. .
P-218-B (G.S.) (Rev. 1-63) 00
I* I I.&
"
SCHEDULE B
This policy does not hsure against foss or damage by reason of the matters shown in Parts One and Two of Schedl-
PART ONE:
.. A, pr*rnJ-.6"p 4.d~.~+vw p.? d~ a*-.. t.,~ cxd. special d3-s%x9.& (;axes am2 ;~xsessraea%s for %I:
Fcl;scaZ yaar 1966-87, Q Sic2 not ye% -payable,
2, m,e prbKtlege acd right $0 exte2a &Et%P2age StmGmreS am2 excevatean enb C23ba.nzTLent slopes beyorid" the 1$r&.ts or mad Samey 9Js. 9% (El @8%$xSO i&?aa), 3;heE reqalPed ra2 the can8tm@i;ion a2c:
CounQr of %n mEzgc3 in cteed mcart%2& &%bmam ?p 3945 %gqE3crOlc a820, EXi3%K&eLX%lC%2 Of %El& %UFVG?~~ %Q. 925 (83 i;'am=iZW :&&k) E23 &$PEtBb2d 'bo
pagge 249 of O;ffic%al Fesrrmts. yr P ,I ,/ 0
,;
4- 2 Slope t?ascmerzt~. al"Tecting the %mtht~es-tey,~~ 6 f&t of rsrtrt 1
1ZCrefz aescFibst?, as s:23-@:ctn arid deel*cat;ed to ~~~~~-~~,:,~,~~ ?lap 230.
4, !in izl&@atbn of 8. rem~&s~#,~~@m%*e;lrs* &&ea sf acce
Map 30. 5493 of El carzcs Ees3 U*flba$''. kb ah, 2 :.j'~ I)
3'jf-F93 of El ~~~~Q ?&S2 unkt %3. 1, -=m-,,n ..__ I, %,, ',J, , ,.: 1, .
<; .$
y:"", <%,.
along ~qe ~rrmt~~re~te~~y ~fne of 3t ~~%~m~h'/~eocr~~tr3 as set ou$ o
,,.7 $7,!,f*
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Ph8-BB (G.S.) (Rev. 1-63) ')a 30
..-.;+\ Secretary dL Bd
An Authorized Signature 4. L. WARE
/
t . P-218-ST (G.S.) (Rev. 1-63) .e WW
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this policy mean:
b reference, in Schedule A and improvements (a) "land": the land described, specifically or
ahxed thereto which by law constitute real property;
(b) "public records": those records which im- part constructive notice of matters relating to said and; (c) "knowled e'" actual knowledge, not con- structive knowlezge'or notice which may be imputed to the Insured by reason of any public records; (dl "date": the eiiective dale;
deed, or other security Instruments; and (e) "mortgage": mortgage, deed of trust, trust
Insured, and if the owner of the indebtedness se- (f) "insured': the party or parties named as
named as an Insured in Schedule A, the Insured cured by a mortgage shown in Schedule B 1s
shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who ac uires the estate or interest to in
legal manner in satisfaction of said indebtedness, this policy by loreclosure, trustee's sale, or other
and (3) any federal agency or instrumentality which IS an insurer or guarantor under an insurance contract or guaranty insurin or guaranteeing said indebtedness, or any part $ereof, whether named as an Insured herein or not, subject otherwise to the provisions hereof. 2. Benefits affer AcquLifion of Tifle
If an insured owner of the indebtedness secured a mortgage described in Schedule B acquires %id estate or interest, or any part thereof, by fore-
isfaction of said indebtedness, or any part thereof, closure, trustee's sale, or other legal manner in sat-
or if a federal agency or Instrumentality acqulres 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:
lation (including but not limited to building and (a) Any law ordinance or governmental regu-
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 the exercise of such rights appears in the public records at the date hereof.
(c) Title to any property be ond the lines of the land expressly described in Scledule A, or title to streets, roads, avenues, lanes, ways or waterways
therein vaults, tunnels, ramps or any other struc- on which such land abuts, or the right to maintain
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.
against the title as insured or other matters (1) (d) Defects, liens, encumbrances, adverse claims
created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless dis- closure thereof in writing by the. Insured shall have been made to the Company prlor to the date of this policy; or (3) resulting in no loss to the Insured Claimant; or (4) attaching or created sub- sequent 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
undue delay shall provide (1) for, the defense of the (a) The Company, at its own cost and without
Insured in all litigation conslstlng of actlons or proceedings commenced against the Insured, or de-
against a foreclosure or sale 01 the mortgage and enses, restraining orders, or in'unctions interposed
indebtedness 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 an of such events is founded upon an alleged defect, lien or encumbrance insured again? b this policy, and may pursue any litigation to finor determination in the court of last resort.
be begun, or defense interposed, or in case knowl- (b) In case any such action or proceeding shall
edge shall come to the insured of any claims of title or interest which is adverse to the title of the estate
which might cause loss or damage for which the or interest or lien of the mortgage as insured, or
Company shall or may be liable by virtue of thls policy or if the Insured shall in good faith contract to sei1 the indebtedness secured by a mortgage covered by this po!icy, 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 poky retuses to purchase and in any such event the tltle 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 Corroany of any such re~ect~on by reason of clalmed unm'&ketability 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 ik no case 'prejudice ;he claim of any Insured unless the. Company shall be actually prejudiced by such failure and then only to the extent of such prejudice.
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.
requires the Company to prosecute or provide for (d) In all cases where this policy permits or
the defense of any action or proceeding, the Insured
vide defense in such action -or proceeding, and. all shall secure to it the right to so prosecute or pro-
appeals therein, and permit it to use, at its outlon, the name of the Insured for such purpose. When- ever requested by the Company the Insured shall give the Company all reasonable aid in any such action or proceeding,, in effecting settlement, se- curing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse the Insured for any ex- pense so incurred.
5. Notice of Loss - Limitation of Action
In addition to the notices required under para- graph 4(b), a statement in writlng of any loss or
liable under this polic shall be furnished to the damage for which it is claimed the Company 1s
Company within sixty Jays 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 herehbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this pollcy.
6. Option to Pay, Settle or Compromise Claims
settle or compromlse for or in the name of the In- The Company shall have the option to pay or
sured any claim insured against or to pay the, full
under this policy by the owner of the Indebtedness amount of this policy, or, in case loss IS clalmed
Company shall have the option to purchase said secured by a mortgage covered by this policy, the
indebtedness: such purchase, payment or tender of payment of the full amount of this policy, together
the Company is obligated hereunder to pay, shall with all costs, attorneys' fees and expenses which
the event, after notice of claim has been gwen to terminate all liability of the Company hereunder. In
the Company by the Insured the Compan offers to purchase said indebtedness, ' the owner ,ol 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 Iiability of the Company under this pol- icy shall in no case exceed, in all, the actual loss
the Company may be obligated hereunder to pay. of the Insured and costs and attorneys' fees which
(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 alle ed defect, lien or encilmbrance not excepted or excyuded here-
(c) The Company shall have the right, at its own
in removes such defect, lien or encumbl a .reasonable time after receipt of sucl
in settling any claim or suit without wri (2) for liability voluntarily assumed by
of the Company, or (3) in the event th, jected as unmarketable because of a or encumbrance not excepted or excll: policy, until there has been a final ( by a court of competent jurisdiction su: rejection.
ments made for costs, attorneys' fees a (d) All payments under this policy,
shall reduce the amount of the insurar: and no payment shall be nude with0 this policy for endorsement oi such pa
of such loss or destruction shall be fur the policy be lost or destroyed. in whic
satisfaction of the Company; provided the owner of an indebtedness securec gage shown in Schedule B is an Insure such payments shall not reduce PI amount of the insurance afforded her such Insured except to the extent tt ments reduce' the amount of the ind cured by such mortgage. Payment ir person or voluntary satisfaction or re Insured of a mortgage covered by thi terminate all liability of the Company owner of the indebtedness secured k gage, except as provided in paragrq
accordance with the conditions of th (e) When liability has been defin
loss or damage shall be payable with thereafter.
8. Liability Noncumulative
It is expressly understood that the ' policy is reduced by any amount the pay under any policy insuring the 1
Schedule B hereof or any mortgage ority of any mortgage shown or
ecuted by the Insured wh1ch.k a chc the estate or interest described or Schedule A, and the amount so
The provisions of this paragraph nu1 deemed a payment to the Insured un<
not apply to an Insured owner of a. secured by a mortgage shown in Sch
in satisfaction of said indebtedness such Insured acquires title to said es
thereof.
9. Subrogation upon Payment or Seti
Whenever the Company shall have under this policy, all right of subrog in the Company unaffected by any
titled to all rights and remedies whit sured, and it shall be subrogated
would have had a ainst any person respect to such c%im had this p' issued. If the ayment does not cover Insured, the Zompany shall be subr rights and remedies in the proport payment bears to the amount of so should result from any act of the In shall not void this policy, but the CI event, shall be required to pay on any losses insured against hereunl exceed the amount, if any, lost to t reason of the impairment of the righ' The Insured, if requested b the
against any person or property ne( transfer to the Company alY right
to perfect such right of subrogation mit the Company to use the name c any transaction or litigation involv or remedies. If the Insured is the owner of t secxed by a mortgage covered by Insured may release or substitut liability of any debtor or guarantc otherwise modify the terms of pay] a portion of the estate or interest the mortgage, or release any colla' the indebtedness, provided such ac in any loss of priority of the hen
10. Policy Entire Contract
Any action or actions or rights c Insured may have or may bring c pony arising out of the status of mortgage covered by this policy o estate or interest insured herein m the provisions of this policy.
waived or changed except by '
No provision or condition of thi
hereon or attached hereto signed j a Vice President, the Secretar Secretary or other validating offlce~
11. Notices. Where Sent All notices required to be giv and any statement in writing req ishe'd the Company shall be addrt office which issued this policy.
12. THE FEE SPECIFIED ON THI POLICY IS THE TOTAL FEE FO1 AND EXAMINATION AND FOR TI
" W w-
FRESNO COUNTY Fresno
Phone: 266-9721
Mariposa Street Office 1927 Mariposa Street
Fresno Title Office 1234 L Street
IMPERIAL COUNTY El Centro 654 Main Street Phone: ELgin 2-2011
KERN COUNTY Bakersfield 1424 17th Street
Phone: 327-5785
KINGS COUNTY Hanford 208 West 7th Street Phone: LUdlow 4-3381
NAPA COUNTY Ncpa 1370 Second Street Phone: 226-3727
ORANGE COUNTY
Scnta Ana 825 North Broadw-cy Phone: 547-7251
RIVERSIDE COUNTY Riverside 8th 6; 0rar.ge Streets Phone: 654-1400
SACRAMENTO COUNTY Sacrcmento 2328 K Street Phone: GIlbert 1-5341
LOS ANGELES COUNTY Los Angeles 3444 Wilshire Boulevard Phone: DUnkirk 1-31 11
MADERA COUNTY Madera
Phone: ORchard 3-3553 129 South D Street
MERCED COUNTY Merced 1944 M Street Phone: RAndolph 2-3911
SAN BERNARDINO COUNTY
480 Court Street Sun Berncrdino
Phone: Turner 9-3531
SAN LUIS OBISPO COUNTY
Sun Luis Obispo 11 19 Chorro Street Phone: LIberty 3-821 1
SAN MATE0 COUNTY Redwood City
SAN DIEGO COUNTY
Third Avenue at "A" Sun Diego
Phone: 232-4031
749 Brewster -Avenue Phone: 369-6771
SANTA BARBARA COUNTY Santc Barbara
Phone: Woodland 6-6131 1014 State Street
SOLAN0 COUNTY Vallejo 840 Tuolumne Street Phone: MIdway 3-4521
STANISLAUS COUNTY Modesto 920 12th Street Phone: 523-4521
SAN JOAQUIN COUNTY TULARE COUNTY Visalia Siockton Sun Joaquin County Abstract Office 119 South Locust Street Phone: REdwood 2-4761 217 North Sun Joaquin Street Phone: 466-5821 VENTURA COUNTY
Stockton Guaranty Title Office 233 East Weber Street Phone: Howard 6-4291 Phone: 485-3161
Ventura 2660 E. Main Street
SECURITY TITLE INSURANCE COMPANY policies are also written in the counties listed below, and in th
States of Hawaii, and Washington. This policy was written in the county shown on the first page.
ALAMEDA COUNTY MONTEREY COUNTY SHASTA COUNTY Oakland Monterey Northwestern Title Company Coast Counties Land Title Company Redding Title Company
1615 Webster Street 439 Tyler Street 1601 Pine Street
Phone: 834-7665 Phone: 375-2262 Phone: 241-6363
Redding
AMADOR COUNTY SONOMA COUNTY Santa Rosa Northwestern Title Security c 535 Fourth Street Phone: LIberty 2-5185
Jackson PLACER COUNTY Western Land Title Company Roseville 34 Summit Street Fidelity Title Company Phone: 223-0482 426 Vernon Street Phone: Sunset 3-8192 TEHAMA COUNTY
BUTTE COUNTY Red Bluff Oroville Northern California Title Con Northwestern Title Company of SAN FRANCISCO COUNTY 349 Pine Street Butte County Sun Frar.cisco Phone: 527-542 1 2622 Oro Dam Boulevard Norrhwestern Title Company Phone: 533-1666 of Sun Francisco STATE OF HAWAII
3557 Geary Boulevard Honolulu
125 Merchant Street CALAVERAS COUNTY Phone: SKyline 2-4770 Security Title Corporation Sun Andreas Golden Chain Title Company Phone: 513-107
Hathaway Bldg., St. Charles Street SANTA BARBARA COUNTY Phone: 754-3851 Santa Bcrbcra Grant County Santc aarbara Title Company Ephrata 21 West Carillo St. Columbian Title Company
Phone 966-3975 234 First Avenue N.W.
STATE OF WASHINGTON
CONTRA COSTA COUNTY Walnut Creek Financial Title Company 1555 Mt. Diablo Blvd. Phone: SKykomish 4-2505
Phone: 932-1555 SANTA CLARA COUNTY
HUMBOLDT COUNTY Sun Jose Valley Title Company 38 North First Street Phone: 292-7150
Eureka Humboldt Land Title Company 6th 6 "I" Streets Phone: HIllside 3-0837
Humboldt Land Title Company 6th 6 "I" Streets Phone: HIllside 3-0837
ti Norm First Street ~ Phone: 292-7150
A.A"LLL
Island County Oak Harbor Island Title Company 1250 West Pioneer Way
(P.O. Box 774) Phone: OR 5-5919
Snohomish County
LIU~ bumpany
nRnQTDOSA COUNTY SANTA CRUZ COUNTY Everett
Mariposa Santa Cruz " . ,-. ,-. I" m:r,- r"- c--I"-:-L Land Title Company rn..m+7r of Mariposa County Title CO.
Box E 1537 Paciiic Avenu Phone: Woodland 6-3818
-.
-1 /.x ->" c 1
l'ennlman banta Lruz Lounry lllle UJ. e 5021 Claremont way
rnone: c?Araen u-1711 Phone: ALpine 9-9101
~." - , - o,,u'I"III'aI' ""ulrrl
SECURITY TITLE POLICIES AND SERVICES ARE AVAILABLE IN THE COUNTIES SHOWN AB1
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SWELL 6 SITES ADD.
CARLSBAD
. HAP NO. 2145
TRACT I17 .
CARLSBAO LANDS - MAP NO. 1664
9CA L t : I IN.= 260 FT: