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HomeMy WebLinkAbout; PATSKE, FRED & EMILIE ANNA; 123304; Easement- - ' GHE~ RECORDED, PLEASE MAII)THIS INSTRUMENT TO CITY OF CARLSBAD 2960 Pi0 Pic0 Drive Carlsbad, California /7 Order Uo ....../..................................... Escrow No ....................................................................... SPACE ABOVE FOR RECORDER'S USE 0. PLACE INTERNAL REVENUE STAMPS IN THIS SPACE Grant Deed I. R. S. $ ........................ 26,500 (Individual) ""- FRED A. PATSKE and EMILIE ANNA PATSKE, husband and wife as joint tenants, (GRANTOR - GRANTORS) Hereby Grant To CI TY OF CARLSBAD, a municipal corporation, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the real property in the City of Carlsbad County of San Diego , State of California, described as follows That portion of Tract 5, Laguna Mesa Tract, in the County of San Diego, I I Beginning at a point on the Easterly boundary line of said Tract 5, distant thereon North 00" 02* West 352.62 feet from the Southeasterly corner of said Tract 5; thence North 89" 59' West 494.13 feet to a point; thence North 00" 02t West 132. 23 feet to a point on the Northerly boundary line of said Tract 5; thence South 89" 59' East 494.13 feet along said boundary line to a point on the Easterly boundary line of said Tract 5; thence South 00" 02' East along said Easterly boundary line, 132. 23 feet to the point of beginning. 1 EXCEPTING THEREFROM the Westerly 50 feet thereof. i 1.2s -4"". .................................. .............................................. -9"" T p( &- $*& .&.""-- 1 ss. ......... Sa.n..D.iegn ..................................................... k On ...... T~..N..c ............. SG.+ ......... 1.q.k.k ..... .............., J ................................................................................................. 1 hefore me, the undersigned, a Notary Public in and for said County and State, personally appeared ......... Ered..A ....... $atsk.e..an.cl..E.m.il.i.e..Anna. ................................................................................................. 1 ............................................................................................................. Patske ' 1 1' [ t 1 B ............................................................................................................. known to me to be the person(s) whose name(s) 6 (are) subscribed to the within instrument and acknowledged that he^ ............. executed the same. f Seal ) ................... .... Sf..U...4..R..T .............. C.! ............. rn..UA.Q.d ("His name (notary's) shall he typed or legibly printed") (Sec. 8205 - Government Code 1959) ....................................................... .. ~ ,' .. I '. ., .. ,, ... +, . ,, . '. . .... '. .. . .r_ 1 I' -, .. ._" , .. , . '. *- , . .I . .- .- \. -. ... ., , .. .. .. . . ,: - I. ,. I , , .\ , !~ ., . ~ :. $ L, -. , NO FEE .... ........................................... ll?D i4SURANCE & TRUST CO JUL 9 900 AM'61 SERIES 5 BOOK 1964 OFFICIAL RECORGS $AN DIEGO COUNTY, CALIF A, 8 GRAY, RECORDER P"- L$l '::$'&S.) 7-2-59 (Rev. 7-59) (8 pt.) . '. ‘~pEEEFs“&~<a; ~~=~~~Z~~~~e~~~~~~~~~~~~~~~~~~ - ” “1 0.. c 9 :“ . I::..: “ j :. . .-, C. . . ... 0 0. ” 0. ’ U.... I*: I i 0.. .C.... 8 .*. . 0.. *b r.* ....C1 m s e e ea c *I. a*** e.. 0. ... k::= .. .. i::::- . .... ‘JObS. LC . b *t:a Db P. *e. I;;!’: i%*#t8 ‘U . .L...C 8. ..... . k.: .. ,$x::: . ,~~~~~~~~~~~~2~~~~~~~~~~~-~~~~~~~~~~~.~~~~~~~~~~ e.. c . .. . .... R) . - I __ I‘::..,, 0. *ma ... I w r;l i E-i z * c;l e 3 B i; z, I ““B“e*-e7“ “ZP ’$ $ 8 t k & 6 4 $ ?J ‘!J k h $ t 1 &?.&?~2~2”~2~~Y”aa 1r c \ -&“H” k 1 , 4’ ,/ 1 I pa3”””/7”-- 7 2” - & .. CONDITIONS AND STIPULA 1. DEFINITION OF TERMS such land abuts. or the right to maintain , The following terms when used in this policy mean: (a) “land’: the land described, specific- ally or by reference, in. Schedule C and improvements affixed thereto which by law constitute real property; (b) . “public records”: those records whlch impart constructive notice of matters relating to said land; constructive knowledge or notice which (c) “knowledge”: actual knowledge, not may be imputed to the Insured by reason of any public records; (d) “date”: the effective date; (e) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument; and (f) ”insured’: the party or parties named as Insured, and if the owner of the in- debtedness secured 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 acquires the estate or interest referred to in this policy by foreclosure, trustee’s sale, said indebtedness, and (3) any federal or other legal manner in satisfaction of agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner OF the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee’s sale, or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by this policy, or any part thereof, of such Insured, agency or instrumentality, this policy shall continue in force in favor subject to all of the conditions and stipula- tions hereof. therein vaults. tunnels. ramps or any other structure or improvement; or any rights or easements therein unless this policy specific- ally provides that such property. rights or easemenrs are insured. except that if the open streets or highways this policy insures land abuts upon one or more physically the ordinary rights of abutting onners for access to one of such srreets (IC highways. unless otherwise escepted or cxcluded herein. (d) Defects, liens. encumbrances. adverse claims againsr the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known ro 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 disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) ant; or (4) attaching or created subsequent resulting in no loss to the Insured Claim- to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge. 4. DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured. or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mort- gage and indebtedness covered by this policy land; or (2) for such action as may be or a sale of the estate or interest in said appropriate to establish the title of the esrate or interest or the lien of the mort- gage as insured, which litigation or action in any of such events is founded upon an sured against by this policy, and may pur- alleged defecr, lien or encumbrance in- sue any litigation to final determination in rhe court of last resort. (b) In case any such action or proceed- 3. EXCLUSIONS FROM THE COVERAGE OF or damage by reasons of the following: This policy does not insure againsr loss regulation (including but not limited to (a) Any law, ordinance or governmental 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 said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. or ernlnent domain unless notice of the (b) Governmental rights of police power exercise of such rights appears in the public records at the date hereof. lines of the land expressly described in (c) Title to any property beyond the Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which THIS POLICY ing shall be beg&, or defense int‘erposed, sured of any claim of title or interest which or in case knowledge shall come to the In- terest or lien of the mortgage as insuted, is adverse to the title of the estate or in- which the Company shall or may be liable or which might cause loss or damage for shall in good faith contract to sell the in- by virtue of this polic-y, or if the Insured debtedness 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 gage covered by this policy refuses to pur- bidder at a foreclosure sale under a mort- chase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or plead- ings or if the Insured shdll not, in writing, promptly notify the Compny of any de- (Conditions ond Stipulotions Continued and Concluded on Last 0 TIONS r . \,, pj : t J.” which shall come to rhe knowledge of feu. lien or encumbrance insured ag Insured, or if the Insured shall not writing. promptly notify the Compan any such rejection by reason of claimec marketability of 1:itle. then all liabilit rhe Company in regard to the subject 111 of such acrion. proceeding or matter that failure to norify shall in no cease 2nd terminate; provided, how prejudice the claim of any Insured u the Company shall be actually prejun of such prejudice. by such failure and then ortly to the e (c) The Company shall have the at its own cosr to institute and pros any action or proceeding or do any ’ act which in its opinion may be nece or desirable to establish the title of gage as insured; and the Company estate or interest or the lien of the I rake any appropriate action under the i of this policy whether or not it sha liable thereunder and, shall nor ,th concede liability or wave any provwc this policy. (d) In all cases where this polic! mits or requires the Company ro pro or provide for the defense of any or proceeding. the Insured shall sect it the right to so prosecute or provic fense in such action or proceeding, a appeals therein, and permit it to use, option, the name of the Insured for purpose. Whenever requested by the pany the Insured shall give the Cor all reasonable aid in any such acti proceeding, in effecting settlement, set evidence, obtaining witnesses. or pr ing, and the Company shall reimbur ting or’ defending such action or pr Insured for any expense so incurred. 5. NOTICE OF LOSS - LlMlTATlOI ACTION In addition to the notices required paragraph 4(b), a statement in writ: any loss or damage for which it is cl the Company is liable under this shall be furnished to rhe Company . sixty days afrer such loss or damage have been determined, and no rig this policy until thirty days afrer action shall accrue to the Insured statement shall have been furnishec no recovery shall be had by the I commenced thereon within five year: under this policy unless action sh, expiration of said thirty day period. - to furnish such statement of loss or d or to comment,: such action with time hereinbefore specified, shall be clusive bar against maintenance by sured of any action under this polic 6. OPTION TO PAY, SETTLE OR CO The Company shall have the op pay or settle or compromise for or name of the Insured any claim against or to pay the full amount policy, or, in case loss is claimed unt policy by the owner of the indeb secured by a mortgage covered t policy, the Company shall have the to purchase said indebtedness; suc chase, payment or render of payrr MISE CLAIMS Poge of This Policy) q .h *- .a CONDITIONS AND STIPULATIONS. ’ 1. DEFINITION OF TERMS ; The following terms when used ‘in this policy mean: (a) *‘land’: the land described, specific- ally or by reference, in..Schedule C and improvements affixed thereto which by law constitute real property; (b) “public records”: those records which impart constructive notice of matters relating to said land; constructive knowledge or notice which (c) “knowledge”: actual knowledge, not may be imputed to the Insured by reason of any public records; (d) “date”: the effective date; (e) “mortgage”: mortgage, deed of trust, trust deed, or other security instrument; and (f) “insured”: the party or parties named as Insured, and if the owner of the in- debtedness secured 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 acquires the estate or interest referred to or other legal manner in satisfaction of in this policy by foreclosure, trustee’s sale, said indebtedness, and (3) any federal agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee’s sale, or other legal manner in satisfaction 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 gxaranty insuring or guarantee- ing 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 stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reasons of the following: (a) Any law, ordinance or governmental 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 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 emlnent domain unless notice of the exercise of such rights appears in the public records at the date hereof. lines of the land expressly described in (c) Title to any property beyond the Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which (Conditions ond SI *. such land abuts. or the right to maintain ’ therein vaults. tunnels. ramps or any other structure or improvement; or any rights or easements therein unless this policy specific- ally 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 insures the ordinary rights of abutting owners for access to one of such streets or highways. unless otherwise escepted or cxcluded herein. claims against the title as insured or other (d) Defects, liens, encumbrances. adverse matters (1) 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 disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent to the date hereof. , (e) Loss or damage which would not have been sustained if the Insured were a out knowledge. purchaser or encumbrancer for value with- 4. DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF CLAIM TO. BE GIVEN BY THE INSURED without undue delay shall provide (1) for (a) The Company, at its own cost and the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured. or defenses, restraining orders, or injunctions interposed against a forrclosurt or sale of the mdrt- gage and 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 gage as insured, which litigation or action estate or interest or the lien of the mort- in any of such events is founded upon an sured against by this policy, and may pur- alleged defect, lien or encumbrance in- sue any litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in case knowledge shall come to the In- sured of any claim of title or interest which terest or lien of the mortgage as insui-ed, is adverse to the title of the estate or in- which the Company shall or may be liable or which might cause loss or damage for by virtue of this policy. or if the Insured shall in good faith contract to sell the in- debtedness 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 gage covered by this policy refuses to pur- bidder at a foreclosure sale under a mort- chase and in any such event the title to said estate or interest is rejected as un- Company thereof in writing. If such notice marketable. the Insured shall notify the shall not be given to the Company within ten days of the receipt of process or plead- ings or if the Insured shall not, in writing, promptly notify the Compmy of any de- :ipulations Continued and Concluded on Last fect. lien or encumbrance insured which shall come to the knowledge Insured. or if the Insured shnll writing. promptly notify the ComF any such rejection by reason of chin marketability of title. then all liab the Company in regard to the subject of such action. proceeding or matt1 cease and terminate; provided. h that failure to notify shall in r prejudice the claim of any Insured the Company shall be actually pre by such failure and then only to the of such prejudice. (c) The Company shall have tl. at its own cost to institute and PI any action or proceeding or do an act which in its opinion may be ns or desirable to establish the title gage as insured; and the Compal estate or interest or the lien of th take any appropriate action under th of this policy whether or not it : liable thereunder and shall not concede liability or waive any pro\ this policy. mits or requires the Company to F (d) In all cases where this PO or provide for’ the defense of an or proceeding, the Insured shall s fense in such action or proceeding. it the right to so prosecute or pro appeals therein. and permit it to u option, the name of the Insured purpose. Whenever requested by tl pany the Insured shnll give the ( all reasonable aid in any such a proceeding, in effecting settlement, evidence, obtaining witnesses. or ting or defending such action or ing, and the Company shall reimt Insured for any expense so incurrc 5. NOTICE OF LOSS - LlMlTAT ACTION paragraph 4(b), a statement in w In addition to the notices requir, any loss or damage for which it is the Company is liable under thi shall be furnished to the Compan sixty days after such loss or dam; have been determined, and no this policy until thirty days af action shall accrue to the Insure statement shall have been furnisl no recovery shall be had by the commenced thereon within five y~ under this policy unless action to furnish such statement of loss 01 expiration of said thirty day periol or to commence such action w, time hereinbefore specified, shall I clusive bar against maintenance b sured of any action under this pc 6. OPTION TO PAY, SETTLE OR MISE CLAIMS The Company shall have the pay or setrle or compromise for name of the Insured any claim against or to pay the full amoul policy, or, in case loss is claimed I policy by the owner of the inc secured by a mortgage covered policy, the Company shall have t to purchase said indebtedness; ! chase, payment or tender of pa Page of This Policy) h .. e. ? U WllGl'~'UJ.1 [ 7U 7UL * TO 1012 &Bc CaRfornia land Title Association Standard Coverage Policy Form Copyripht 1961 SCHEDULE A premium $150 0 Amount $26,250.00 Date July 9, 1964 at 9: 00 A. M. Policy No. 79898 EEective INSURED ~Jty OS CaTllsb& 1. Title to the estate or interest covered by this policy at the date hereof is vested in: City of Carlsbad, a municipal corporation. 2. The estate OF interest in the land described or referred to in Schedule C covered by this policl a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4%. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. .. 9 0 TO 10126 Cont. C California Land Title Association Copyright 1961 Standard Coverage Policy Form S C H E D LT L E B - (Continued) PART I1 . 1. General and special taxes of San Diego and the City of Carlsbi for the fiscal year 1964-65, now a lien, payable in November. 2. An easement Tor poles, wires and anchorage for the transmissh addistribution of electricity and incidental purposes, as granted to San Diego Gas & Electric Company by deed. Recorded: in Book 1067, page 60 of Deeds. 3. The recital contained on the map of said land which agrees to allow the cross-arms of poles or similar structures placed along the right of way of certain highways to hang over the abutting land, 4. A right of way and incidents thereto for public road purposes as granted to the County of San Diego by deed, Recorded: in Book 522, page 136 of Official Records. Affects: Easterly 20 feet of said land. 5. An easement for telephone and/or electric poles and lines and for sewer, water and/or gas mains and pipe lines and incident purposes. Reserved by: Wm. G. Kerckhoff Company Affects: Definite location of said easement is not set out. Recorded: in Book 792, page 365 of Deeds. 6. Covenants, conditions and restrictions which provide, among other things, that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, contained in a document. Recorded: in Book 792, page 365 of Official Records. 3 .. v q 1 * TO 1012C OG1056C OC C American Title Association Loan Policy Additional Coverag-ctober, 1960 or California Land Title Association Standard Coverage Policy-1 961 SCHEDULE C The land referred to in this policy is described as follows: That portion of Tract 5, Laguna Mesa Tracf in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the office of the County Recorder of SanDiego County, June 20, 1921, described as follows : Beginning at a point on the Easterly boundary line of said Tract 5, distant thereon North 00°02! West 352.62 feet from the Southeasterly corner of said Tract 5; thence North 89" 591 West 494.13 feet to a point; thence North 00°02* West 132,23 feet to a point on the Northerly boundary line of said Tract 5; thence South 89"59* East 494.13 feet along said boundary line to a point on the Easterly boundary line of said Tract 5; thence South 00°021 East along said Easterly boundary line, 132.23 feet to the point of beginning. Excepting therefrom the Westerly 50 feet thereof. I 2, 5: ,p- :, 'I c:. i ..> Ir ~ ., I. j "> .o , > #' i: ; e. :< c ; .'. I, \_* .. L i c f*c ,* G: ," ,, ; 4 0 TO 238 VS‘ ’ a e *- Sco/e /“=ZOO‘ @) This is not a survey of fhe /and but is compiled for informafion by ffie Tifle insurance and Trust Company from dafa shown by the official records. . . “-1 v e.. ‘ * e e . .. t CONDITIONS AND ST1 JLATIONS (Continued and Concluded From Reverse Side of Policy Face) the full amount of this policy, togethe Ivith all costs, attorneys’ fees and expense ~hich the Company is obligated hereunde to pay, shall terminate all liability of th Company hereunder. In the event, afte notice of claim has been given to the Con- pany by the Insured, the Company offer to purchase said indebtedness, the owner c such indebtedness shall transfer and assig said indebtedness and the mortgaqe securit the same to the Company upon payment -e the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all. attorneys’ fees which the Company may be the actual loss of the Insured and costs and obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy. gation carried on by the Company for the JII costs imposed upon the Insured in liti- Insnred, and all costs and attorneys’ fees in litigation carried on by the Insured with rhe written authorization of the Company. be maintainable under this policy (I ) if (c) No claim for damages shall arise or the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice. the Insured in settling any claim or suit or ‘(2) for liability voluntarily assumed by without written consent of the Company, or (3) in the event the title is rejected as unmarketable because d a defect, lien or encumbrance not excepted or excluded in rhis policy, until there has been a final determination by a court of competent juris- diction sustaining such rrjection. (d) All payments under this policy, ex- cept payments made for costs, attorneys’ fees and expenses, shall reduce the amount shall be made without producing this policy of the insurance pro tanto and no payment for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided. however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured. except to the extent that such payments reduce the amount of the indebtedness securrd by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mongage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely f;xed in accordance with the conditions oi this policy the loss or damage shall be pay- able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insurrd owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR a claim under this policy, all right of sub- Whenever the Company shall have settled rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty in respect to such claim had this policy not been issued. If the payment does not shall be subrogated to such rights and cover the loss of the Insured. the Company remedies in the proportion which said pay- ment bears to the amount of said loss. If SETTLEMENT loss should result from any act of the but the Company, in that event. shal sured. such act shall not void this PO required to pay only that part of any I( insured against hereunder which shall ceed the amount. if any. lost to the C pany by reason of the impairment of right of subrogation. The Insured. if quested by the Company. shall transfc the Company all rights and remc against any person or property ne<-essa and shall permit the Company to use order to perfect such right of subrogni name of the Insured in any transactio litigation involving such rights or reme If the Insured is the owner of tht debtedness secured by a mortgage c0.c by this policy. such Insured may relea: substitute the personal liability of debtor or guarantor, or extend or other modify the terms of payment. or re. a portion of the estate or interest from lien of the mortgage. or release any lateral security for the indebtedness, vided such act does not result in any of priority of the lien of the mortgage 10. POLICY ENTIRE CONTRACT Any acrion or actions or rights of ac that the Insured may have or may b against the Company arising out of status of the lien of the mortgage cov by this policy or the title of the esrat interest insured herein must be basec the provisions of this policy. can be waived or changed except by wr No provision or condition of this pq endorsed hereon or attached hereto si) by the President, a Vice President. Secretary, an Assistant Secretary or ( validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the ( pany and any statement in writing reql to be furnished the Company shall bt dressed to it at the office which issued policy or to its Home Office-. 433 S Spring Street, Los Angeles 54, Califo 12. THE PREMIUM SPECIFIED IN SCHEI A IS THE ENTIRE CHARGE FOR TITLE SEA1 TITLE EXAMINATION AND TITLE INSURAl 8 Title Insurance and Trust Company FOUNDED IN ,893 "A . I. . . / J- a e3 STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Margaret E. Adams I, ./ ....................................... City Clerk of the City of Carlsbad, County of San Diego, State of California; hereby certify that I have compared the foregoing copy with the original .Res.oluti.on..~l.o.4.6. passed and adopted by said City Council, at a.rnegular ___......_____..__ meeting thereof, at the time and by the vote therein stated, which original ... zes.olut.ion ........____.. is now on file in my office: that the same contains a full, true , qnd;;c(?rTF$t tynscript therefrom and of the whole thereof. , . _. . . ." , '' ., 1 Witnessiiy hand and the seal of said City of Carlsbad, this ... 8t.h day of .___..__.. JLQI ,.... 1.96.4 ..__.____._____..._... . .. . ,, .. -. -. .-.,<. , . ,. .. .I ". .. . . ,- (SI<AL,). ' *...- . . -. '. , C\. , .. 2 ,. . 'i, ,b ~. :q ..z--- .. - - -- &fflu - - .""........._ "" __ _______________.___ 7 City Clerk