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HomeMy WebLinkAboutCDP 00-14; |BATHUM, JOHN & NELLE|EBRIGHT, K.E. & BETTY, ET.AL.|HALSEY, RAY & ESTHER|PONTSLER, CLYDE & BEULAH, ET. AL.|WALKER, HARRY & CORA, ET. AL.|; 53-62929: Easement,, >. .I , wb .a ' .' * ~~lfo~Tqf"~ .:: i - .&&&~="&& %&>&" j -2 q 5 I. $-7? SECOND AVENUE AT BROADWAY SAN DIEGO 12, CALIFORNIA (CAPITAL AND SURPLUS OVER $Z,OOO,OOO.~O) LOS ANGELES 13, CALIFORNIA (Herein called the Companies) ,(CAPITAL AND SURPLUS OVER $30,000,000.00) ' For a valuable .consideration, paid for this POLICY OF TITLE INSURANCE DO HEREBY INSURE: Premium 3 5 3 0 00 Amount $ 250.00 Number 519530 The Ci3y of Carlsbad ";* 4 %,? I. together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule B, the owner of which is named as an insured, and any such owner or successor in ownership of any such indebtedness who acquires the easement described in Schedule A, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof; any federal agency or instrumentality acquiring said easement under an in- surance contract or guaranty insuring or guaranteeing said indebtedness or any part thereof, and any person or cor- poration deriving an estate or interest in said easement, as an heir or devisee of a named insured, or by reason of the dissolution, merger or consolidation of a corporate named insured, against loss or damage not exceeding Two Hu.ndred Fifty Dollars which any insured shall sustain by reason of title to the easement described in Schedule A being vested, at the date hereof, otherwise than as herein stated; or by reason of unmarketability of the title of any vestee to said easement at the date hereof, unless such unmarketability exists because of defects, liens, encumbrances or other matters shown in Schedule B; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Schedule B; or by reason of any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said easement, or by reason of priority at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said easement, except as shown in Schedule B; all subject, however, to Schedules A and B and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. In Witness Whereof, each of the Companies has caused this policy to be signed by its President and attested by its Secretary or Assistant Secretary, under its Corporate Seal this 7th day of July, 1953 at 8:OO A.N. TITLE INSURANCE AND TRUST COMPANY UNION TITLE INSURANCE AND TRUST COMPANY By SLLCd >6'tuepuCUr STUART 0' MELVENY, President Attest Assistant Secretary. This Policy consist< of pages which are numbered at the end of each page. . -IN UNION 7 .J TRUST COMPAF -UN . J TITL "NION ' JTREI .-i'ClN TITL I IIL REI -1TLI REP rlTLl REI -ITL I UIU!UIU I mcHc 13 31 M.=f - II\ISURA~ Z AND TRUST COMPANY-UNION TITL 1< 9TD" -?r IN UNION THERE IS STRENb. .. """ - - - """ " "-"" "~"-~"-""~"~~y"-"-~"~"~~~~~-"""" .. Y 20 IN UNION T!iERE IS STRENGTH -0 ='- i: - -coo IN bNION THERE IC STREN -0 TRUST CCMPAb' -UN '\I TITLE IN UNION -1 IC: 9"" ""IION 3TREN ..,~nh~ TITLE N I I LE REN ITLE RENl 'ITLE REN' ITLE -Nl E ND TRUST CC '4N' -UNION TITLE INS. ND TRU \=-. -e..-. .I -@ me ' *' SCHEDULE A 1. The title to said easement is, at the date hereof, vested in The City of Carlsbad, a mu-icipal corporation. 2. Description of the easement, title to which is insured by this Policy: PARCEL 1: The parcels of land shown as rtEaserner,t for Frivate Road" on Nap Noo 2492, of Buena Vista Gardens, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Noo 24Q2, filed in the office or" the County Recorder of San Diego County August 4, 1948. PARCEL 2: An easement for drainage purposes over the Northeasterly 3 feet of Lot 3 and the Southwesterly 3 feet of Lot 4, as sho on Map No. 2492 of Buena Vista Gardens, in the City of Carlsb County of San Diego, State of California, according to Map thereof No. 24-92, filed in the office of the County Recorder of San Diego County August 4, 194.e. /-. ~ /\\\! b 3-1 -,~ Qi ', 1 ---. SAN DIEGO I ==z%??- 2 -e -0 1 .* SCHEDULE B (A) The Companies do not, by this policy, insure against loss by reason of: 1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal District, or (b) of the county, in which said easement or any part thereof is situated. 2. Rights or claims of persons in possession of said easement which are not shown by those public records which impart constructive notice. 3. Any facts, rights, interests, or claims which are not shown by those public records which impart constructive notice, but which could be ascertained by an inspection of said easement, or by making inquiry of persons in possession thereof, or by a correct survey. 4. Mining claims, reservations in patents and acts authorizing the issuance of such patents, water rights, claims or title to water. 5. Any governmental acts or regulations restricting, regulating or prohibiting the occupancy or use of said easement or any building or structure thereon. 6. Assessments, taxes or encumbrances created or levied by any Improvement, Irrigation, Public Utility, Sanitary or other District, unless the amount of the assessment or tax has become fixed and is due and payable and shown as a lien at the date hereof by the records in the o&ces of the Tax Collector, Auditor or Treasurer of the County of San Diego. (B) Liens and encumbrances to which said title is subject shown in the order of their priority, 1. County taxes for the fiscal year 1953-54, first Fnstall- and defects and other matters to which said title is subject. ment of which are now delinquent, second installment now due and payable. 2. Acy taxes, assessments or matters relative to Carlsbad Sanitary District, or any sub-dlstrict created within the boundaries thereof, unless suck matters have become of public record in the County Zecords of San Diego County. Such taxes and assessments are collected at the same time and in the same manner as County- taxes. 3. Any taxes, assessments or matters relative to Carlsbad Public Utility District unless such matters have become of public record in the County Records of San Diego County. Such taxes and assessmeRts are collected at the same time and in the same mamer as County taxes. '4. Taxes or assessments of the City of Carlsbad, no examina 5. An easement affecting Lots 3 and I; herein described for having been made of the records of said municipality. transmission of electric current, and incidental purposes, as granted to San Diego Consopdated Gas tk Zlectric Company in deed recorded Jul;F.+, 'f2~,Lq3uook 853, page 310 of Deeds said easement being .!ore 4 j petic-vlarly described as follows ( "", SAN DIEGO w* W' ., Schedule B - Continued A strip of' land 2 feet in wid-thy being 1 foot on each Beginning at a point on the West line of the Northeast side of the following described center line: Quarter of the Xortheast Quarter of Section 1, Township 12 South, Range 5 West, San Bernardino Meridiar,, which point is 1044.0 feet South of the Xorthwest corner of the said North- east Quarter of the Kort3east Quarter of said Section 1; thence North 43"39' East to the East line of the West 25 acres of said Northeast Quarter of the Kortheast Quarter of said Section 1. 6. A right and easement over Lots 3 and 4 herein described 10 feet in width to lay pipe lines over said land, and incidel purposes, as granted to Carlsbad Mutual Water Company in deed recorded July 5, 1947 in Book 2429, page 388 of Official Xeco: 7- An easement Crossing Lots 3 and 4. herein described 8 reel %E width for sidewalk over said land as shown on said VI^^ llo. 2492 . 8. An easement for drainage purposes over the Northeasterly 9. An easerrient and right of' way for road purposes to be 3 feet of Lots 3 and Southwesterly 3 feet of Lot 4 herein described as shown on said Map No. 2492. used in common with all the present or future owners of lots in said Buena Vista Gardens over that portion described as follows : Beginning at the most Southerly corner of Lot 16 of Buen: Vista Gardens, in the Sounty or^ San Diego, State of Californit according to Map No. 2492, filed in the office of the C~unty Recorder of San Diego County August 4, 1948; thence North 85" 11'50" West 20.06 feet tc $he center line of a 40 foot easerne~ for Private Road as shown cn said Map of Buena Vista Gardens, said point being the beginning of a curve concave Easterly having a radius of 100 feet whose center bears South 89O43'25' East fron: said point; thence along said center line as follow: angle of 1h023*257* a distame of 2G.61 feet; thence tangent tc sald curve North 16°40T %st 54.35 feet to the beginning of a tangent curve concave Southeasterly having a radius 07 600 fee thence Northerly along said carve through a central angle of Northerly along the arc of said curve through a central ,/-e." ,_,,,.I ,,... Sa- DIEGO - 4 w* I).' .I Schedule E - Continued 5°54f53rt a distance of 72-41 feet; thence South 89'50' East along the center line of the 40 foot Private Road Easement adjoining Lots 14, 15, and 16 of said Buena Vista Gardens on the North 240.50 feet to the beginning of a tangent curve concave Northwesterly having a radius of 50 feet; thence Easterly and Northeasterly along said curve through a central said center line of said 40 foot easement, radial to said curl South 53°02T201t East 20 feet to the most Northerly Northwest corner of Lot 13 of said Buena Vista Gardens; thence along thc Northwesterly line of Lot 13 and along the Northerly line of said Lots 14, 15 and 16 as follows: centric with the last above described 50 foot radius curve, through a central angle 02 53012T20tr a distance of 65.01 feet; thence tangent to said curve North Ei9O50' Nest 174.12 feet to the beginnmg of a tangent curve concave Southeasterly having a radius of 75 feet; thence continuing along the Northwester11 line of said Lot 16, Westerly and Southerly along said curve through a central angle of 73"30' a distance of 96.21 feet; thence continuing along the Westerly line of said Lot 16 as follows; Tangent to said curve South l6'4O1 West 54.35 feet to beginning of a tangent curve concave Southeasterly having a radius of 80 feet; thence Southerly along said curve througk a central angle of 16°23'25't a distance of 22.98 feet; thence Southerly along said Yesterly line to the point of beginning, as reserved in Deed fro2 Charles F. Hammond and Marie A. Hamc husband and wife, to Harry I. Xalker and Cora 5. Walker, husk and wife as joint ter,ants, recorded. August 19, 1948 in Book 25 page 143 of Official Records. an@e of ;;jolZ*Prt 3 gistance a€ 4,5143 feet; thence leaving Westerly along the arc of a 70 foot radius curve con- 10 0 An easement and right of way for road purposes to be usec in comon with all present or future owners or" all lots in said Buena Vista Gardens, according to Map No. 2492 filed in Recorder's Office August 4, 1948, over all the Private Road Easement showr, on said Map not Included within the portion described in Item 9 above as granted to Harry I. Walker and Cora B. Malker, husband and wlfe, as joint tenants, recorded August 19, 19b8 in Book 2918, page 1L;3 of Official Records. described as follows: 11 . An easement 10 feet wide the center line of which is Beginning at the Southeast corner of Lot 7 of' Ruena Vist; i /" ".-\ /",$I Q 7 %r-L, - ,/"." "". . .e,,,,,,, .. . SAN DIEGO 7 5 -9 -a' .. Schedule B - Continued Gardens thence Northerly in a straight line across said Lot 7 and a portion of Lot 8 of said 3uena Vista Gardens to a point of termination in the Sasterly line of said Lot €! said point of termination being Northerly from the Southeast corner of si Lot 8 a distance of 82.10 feet rpeasured on the Zasterly line of said Lot 8, pcrtion for aerial and undergrou.nd telephone, tgl~gra~h ~d C~Y1~~~nication stmctures as Grantee nay from tir to time require, and imidental purposes, as granted to The Pacific Telephone and Telegraph Company, a corporation, in Det September 29, 1948 in Book 2953, page 373 of Official Becords File No. 97097. successors and assigns, not to place or maintain any building or structure on said easemept.l* Said Deed recites: "frantor covenants for himself, his 12. An easement over said land Tor electric transmission lim guys, anchors and braces, and incidental purposes, as graRted to San Diego Gas & Electric Compar,y, a corporation, in deed recorded August 31, 1949 ir, Book 3305, page 247 of Ofi'icial Records . land to be as follows; inclv-sive of' said Euena Vista Gardens; also beginning at pin. which bears Ncrth 89'50' 3est 1.0 feet theme South G014T351t Yest 75.0 i'eet from the Northeast corner of Lot 13 of said. Buena Vista Gardens thence fro.- said point of beginning South 4.3'257 West 71.0 feet; theme Morth 89'51' West 331.3 feet; thence South 68'37' I'Test 99.5 feet to a point herein after kno"n as point A; thence South 0'23' East 259.7 feet; also beginning at said point A, thence Nrptlz 17,*07t gas$ 201.0 fee thence Morth 36'12' Zast 204.0 feet; thence North 51'45' East 226.8 feet; thence North 25'50' East 173.$ feet; together dith install anchors to properly guy the above described pole line at the followirg described location; adjacent to the Southwes- line of Lots 1, 3, azd j in said Suena Vista Gardem. The route of said line of poles and wires across said Imediately adjacent to the Sast line of Lots 10 to 13 13 An easement over that certain por"sion of Buena Vista Gardens, Map KO. 2492, filed in the office of the Sounty Reco shown thereon as easement for private road for transmission a.nd distribution of gas, 2nd incidental purposes, as granted to San Diego Gas & Electric Company, a corporation, in Deed record& August 30, 1949 ir; 3ook 3303 page 332 of' Offiziel Re File Ido. 79029. /- SAN DIEGO " ,&"." --. . ,_,"I I,.. 5 w* ma 1 .. Schedule B - Continued l&* An easemect eve? Lot 4. herein described for the present existing easeri;,en.ts aRd for any necessary future extension of these services, and incic?e?tal purposes, as reserved by Charle F. Harmond. a~d Xarie A. 3arrx?ondt in deed recorded September 8, 1950 in Book 3770, page 1 of Official Record,s. 15 An easement over a portion of said land Tor transmission 2nd distribution of electricity and- incidefital prposes, as granted to Szn Diego Consolidated Gas 85 Electric Company in Deed recorded Karch 1, 1951 in Book 3995, page 159 of Oi'f'icial Records, File No. 26776, Rouke of said lim of poles aivld wires ac~oss said laEd Rerinning at a poipt on t3.e Worth line 0: Lot 10 of said shall be as follo~r~s: Buena VYsta Gardens; distant thereoz 1.0 foot West of' the Northeast corcer tkzre0-f; tl-eEce North 0°11T35'T %st along a line parallel with and 1.0 foot West Of the Zast line of said Buena Vista Cardem to the Morthwesterly line of said Lot 9. 14 . A Deed of' Trust covering Lot 2 of Sueim. Vissa Gardens, according to Map No. 2b92, filed August 4, 1946; also an ease- with all the present an5 future owners of lots in said Buena Vista (Gardens, as show;? as "priva'te road." on said Kap No. 2b92 dated May 8, 1952, execzted by 3ay N. Halsey acd. Esther 3. Halsey, husband and vife, to Abstract and Title Guaranty Coxpa a corporation, Trwtee, to secure an indebtedness of $10,000.0 in favor or^ Lagum 7 2ederz1 Savings and Loan Association, a corporation, and acy other amounts payable under the terms the recorded ?day 15, 1952 ir, 300k 4458, page 212 of Official Recor Said Deed of Trust provides, upon conditions therein contained, for acceleration of maturity of obligations secured thereby in event of sale or transfer of said land, nent and Tight or^ way LOT * road purposes to be used in cor~~mon 17 Easements granted to Carlsbad Sanitary District by deeds recorded July 18, 1952 ic Book 4531, page 226, 230, and 233 of Officials Records for the installation, constructions and maintenance of a sewer pipe or pipe lines, manholes and all structures incidental thereto across and over the following described property: Vista Gardens Map No. 24.92 described as follows: center lhe: Beginning Easerilefits over and across private road easements in 3uena An easement 8 feet in width with the following described ,~"~" I-.. . SAN DIEGO ,_,"I I,... 7 e* .e' '. Schedule 3 - Continued Lot 1, Section 1, Township 12 South, iZange 5 West, San Berna- rdino %se8~PIeridian with the Northerly line of Laguna Drive as said Laguria Drive is shown on Buena Vista Gardens Xap No. distance of 950.00 feet to a point, said point being the true point of beginning of aforesaid easements; thence North 0°16'35" East 242.09 feet to a point thence North 18°26'15tr East 1&1,08 feet to a poirt; t%ence North 3i.p032t26" East 228.8 feet to a point; theRce Worth 52°13'297T Zast 204.55 feet to a point; thence Xorth 34" East 200.00 feet to the terminus 07 aforesaid ceriterli;Ize of aforesaid easement; %SO beginning at the intersection of the Zast line of Lot 1, Section I, Totlrnsh 12 South, Range 5 :;Jest, San Bernardino BasetkMeridian with the Northerly line of Laguna Drive as said Lagtina Drive is shown on Buena Vista Gardens Xap No. 2492; thence Korth 89"50' West alorg said Northerly line a distance of 950.00 feet to a poin thence North 0°16t35t* East 2l+2.@9 feet to a point; thence Nor 26°151T Zast 1&1,08 feet to a poifit; t:(?ence North 34O32'26" East 228.82 feet to a point; thence krth 52°18013'29tT East 204.55 feet to the true point of begirming; thence South 0' 11'35" West 22OeOO feet to the terrniRus of aforesaid centerli of aforesaid easeaent; ALSO beginning at the intersection of East line of Lot 1, Section 1, Township12 South Range 5 West, San BernardiRo BasekXeridian with the Northerly line of Lagur Drive, as said. Laguna Drive is shown on Buena Vista Gardens Map No. 2492; thence Earth @"5O? West along said Northerly line a distance of 950,OO feet to a point; thence North O016' 35" East 242.Og feet to a Foint thence North 18°26T15tt Zast 141.08 feet 30 the true polnt of beginning; thence South 89O 50' East 27OeOO feet to the terminus of aforesaid centerline of af 01-esaid easernent. 2~92; thence North $90501 kkst along said Northerly line a 18. The rights of various other properties to the use of Parcel 1 herein described as a roadway, its disclosed by varic docments, of r~?corid. 19 . A Certified copy of Resolution by the City council of' tl 'City of Carlsbad, recorded May 7, 1953 in office of the Counl Recorder of San Diego County in Book 4-84-8, page 225 of Offic: Records, by which Parcels and. 2 hereill described were dedicated to public use, SAN DIEGO 8 ** Form No. 823 3-53 v Union Title Insurance and Trust Company 1. SCOPE OF COVERAGE This policy does not insure against, and the Companies will not be liable for loss or dam- age created by or arising out of any of the branees, or other matters which result in no pecuniary loss to the insured; (b) defects, liens, encumbrances, or other matters created or occurring subsequent to the date hereof. (c) defects, liens, encumbrances, or othe; matters created or suffered by the insured claimin such loss OT damage: or (d) defects liens, cyaims, encumbrances, or other matter; existing at the date of thls olicy and known to the insured claiming suci! loss or damage such insured claimant acquired an estate or either at the date of this policy or at the dat; defect, lien, claim, encumbra& or other interest insured by this policy unless such matter shall have been disclosed to the Com- panies in writing prior to the issuance of this policy or appeared at the date of this policy on the public records. hny rights or defenses of the Companies against a named insured shall be equally available against any person or corporation who shall become an insured hereunder as successor of such named insured. followfng; (a1 defoc$ Ilene, clairne, encum 2- DEZ?€XS€ OF ACTIONS. NOTICE OP AC "IONS OR CLAW TO BE GIVEN BY TEIC INSURED The Companies at their own cast shall defend the insured in all litigation consisting of ae iions or proceedings againat the insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of said land in satisfaction of any indebtedness the owner of which is insured by this policy' which litigation is founded upon a defect, lien' encumbrance, or other matter insured againsi by this policy and may pursue such litigation to final det&mination in the court of last resort. In case any such litigation shall become known to any insured, or in case knowledge shall come to any insured of any claim of title or interest which is adverse to the title as insured or which might cause loss or damage for which the Companies shall or may be liable by virtue of this policy, such insured shall notify the Companies thereof in writing. panies at least two days before the appear- If such notice shall not be given to the Com- ance day in any such litigation, or if such insured shall not, in writin , promptly notify the Companies of any deqect lien encum- brance, or other matter insured agaikst. or of any such adverse claim which shall come to the knowledge of such insured in res ect to all ltabfllty of the Companies as to each in- which loss or damage is app;ehende$, then sured having such knowledge shall cease and terminate; Trovided however, that failure to so notify he Combanies shall in no case prejudice the claim of any insured unless the Companies shall be actually rejudiced by such failure. The Companies &all have the right to institute and prosecute any action or proceeding or do any other act which, in their establish the title, or any insurea lien or opinion, may be necessary or desirable to charge, as insured. In all cases where this policy permits or requires the Companies to prosecute or defend any action or proceeding the insured shall secure to them in writin; or proceeding and all appeals therein and the right to SO prosecute or defend such action permit them tb use, at their option, the hame of the insured for such purpose. Whenever requested by the Companies the insured shall assist the Companies in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, prosecuting or defending such action or proceeding, to such extent and in such manner as is deemed desir- able by the Companies, and the Companies shall reimburse the insured for any expense so incurred. The Companies shall be subro- gated to and be entitled to all costs and attor- neys' fees incurred or expended by the Com- panies which may be recoverable by the insured in any litigation carried on by the Companies on behalf of the insured. The word "knowledge'' in this paragraph means actual I STIPULATIONS knowledge, and does not refer to constructive knowledge or notice which may be imputed by the public records. 3, NOTICE OF LOSS. LIMITATION OF ACTION A statement in writing of any loss or damage for which it is claimed the Companies are liable under this policy ehall be furnished to the Com anies within sixty days after such loss or &mage shall have been ascertained. No action or proceeding for the recovery of any such loss or damage ahall be instituted or maintained against the Companies until after full compliance by the insured with all pollv, nor unless commenced within twelve the, conditions imposed on the insured by this months after receipt by the Companies of such written statement. 4. OPTION TO PAY, SFFTLE. OR COMPROMISE The Companies reserve the option to pay, the insured, any claim insured against or to settle, or compromise for, or in the name of, pay this policy in full at any time, and pay- ment or tender of payment of the full amount of this olicy, together with all accrued costs which tKe Companies me obligated hereunder to pay, shall terminate all liability of the Com- panies hereunder, including all obligations of the Companies with respect to any litigation pending and subsequent costs thereof. 5. SUBROGATION UPON PAYMENT OR SET- Whenever the Companies shall have settled a claim under this policy they shall be sub- rogated to and be entitled' to all rights, securi- have had against any person or property in ties, and remedies which the insured would respect to such claim had this policy not been issued. if the payme& does not cover the loss gated to such'rights, securities, and remedies of the insured the Companies shall be subro- in the proportion which said payment bears to the amount of said loss. In either event the ferred, to the Compaiies such rights securi- insured shall transfer or cause to be trans- panies to use the name of the insured in any ties, and remedies, and shall permit the Com- transaction or litigation involving such rights, securities, or remedies. CLAIMS TLEMENT 8. OPTION TO PAY INSURED OWNER OF INDEBTEDNESS AND BECOME OWNER OF EEcmrY The Companies have the right and option in case any loss is claimed under this poiicy by an insured owner of an indebtedness se- cured by mort age or deed of trust to pay such insured %e indebtedness of the mort- gagor or trustor under said mortgage or deed of trust, together with all costs which the which case the Companies shall become 'the Companies are obligated hereunder to pay in owner of, and such insured shall at once assign and transfer to the Com anies said mortgage or deed of trust and tKe indebted- ness thereby secured, and such pa ment shall insured. terminate all liability under this pof;cy to such 7. PAYMENT OF LOSS AND COSTS OF LITI- GATION. INDORSEMENT OF PAYMENT ON POLICY The Companies will gay, in addition to any loss insured against y this policy, all costs imposed upon the insured in litigation car- ried on by the Com anies for the insured, and in litigation Carrie2 on by the insured with the written authorization of the Companies, but not otherwise. The liability of the Com- panies under this policy shall in no case ex- ceed, in all, the actual loss of the insured and costs which the Companies are obligated hereunder to pay, and in no case shall such .e' '. California Land Title Association Standard or Extended Coverage Policy Form - Copyrig? total liability exceed the amount of this and said costs. All payments under this shall reduce the amount of the insuran insured owner of indebtedness shall I tanto, and payment of loss or damage to the insured owner of said land. No PC may be demanded by any insured 7 producing this policy for indorsement E payment. b hl exlent, the l!abllity of the Corn 8. MANNEB OF PAYMENT OF LOSS 1 SURED Loss under this policy shall be payablf to any insured owner of indebtedness s by mortgage or deed of trust shw Schedule B, in order of priority therein ~ and if such ownership vests in more thc payment shall be made ratably as th spective interests may appear, and the any loss shall be payable to the other i1 ratably as their resp&ve interests ml and if more than one then to such i pear. If there be no such insured ow1 indebtedness any loss shall be paya the insured 'and if more than one tc insured rathbly as their respective' in may oppecn: 9. DEFINITION OF TERMS mean: The following terms when used in this (a) "named insured": the persons an porations named as insured on page this policy; gether wlth (1) each successor in owr (b) "the insured": such named insu~ of any indebtedness secured by any mo or deed of trust shown in Schedule owner of which indebtedness is named as an insured, (2) any such owner or L 801 in ownership of any such indebt' who acquires the land described in Sche faction of said indebtedness or any part or any part thereof, by lawful means ir of (3) any governmental agenc or m'entality acquiring said land unJer an ance contract or guarantee insuring or anteeing said indebtedness or any part t and (4) any person or corporation deriv estate or interest in said land as an 1 devisee of a named insured or by reo corporate named insured; the dissolution, meryer, or consolidatio: (c) "land": the land described specific( by reference in Schedule C and lmprovi affixed thereto which by law constitut gra erty (6; "dhte": the exact day. hour and specified in the first line of Schedule A 1 the context clearly requires a different ing); (e) "taxing a ency": the State and county, city an8 county city and dist~ which said land or som; part thereof i, ated that levies taxes or assessments 01 property; which, under the recording laws, impax (f) "public records": those public 11 structive notice of matters relating to said 10. WRITTEN INDORSEMENf REQUIRE1 CHANGE POLICY be waived or changed exce t by writi No provision or condition of this polic dorsed hereon or attached Rereto sign, the President, a Vice President, the Sen ponies. or an Assistant Secretary of each of the 11. NOTICES, WHERE SENT All notices required to be given the Ccm] and any statement in writing required furnished the Companies shall be add California. to them at 1028 Second Avenue, San - Y m9 b. 09 z *. P 1 AT showing location of the land described in the attached policy. BUENA V/STA GARDEN5 MAP do. 2492 Thi pht is not a survey of the land and is furnished for information only. It is compiled from data obtained from reliable sources, but no liability is assumed by this company as to the accuracy of such data. Printed in San Diego 1 P -r ?T 's T:,6 7 9;;- 6<"%< "$ I.? "" & ~ e ';:, > :.,: ji ;.. ;'$+. $ :: :fie * -?c"*' 7- , i ..^ . .F > I,,,,wncs ..! d: ~~ ai, J!i- ?;-:if i, *%.2 -...% J 'n < .I ~,., .L;*'&,. i .>. r-:r--- -A- 0G.rn-f P .,',~.. cy-- ':< ,?.',",::" ! :' ;; -.: .-,,*.r-* f-. . ..' ,-.-.d<,.,a.Y .I s;; &2:$.2 IT_', c -. . .,.. C..ll ".!:.,,'::.. 2.:2;: dl:,.""-. "- , ~ >! -a. r- '*- I". .' @>' a . BCnK4848 ;&E: c e' .r .. ~~~~~~~~. Am i@a mC&??%? -.& a;htb .c%%y %UB$$,x. Qf',. 'kb. aw Of