Grant of Right of Way 1973-038391 I1300. 1$66-
(1
GRANT OF RIGHT OF WAY
.__. ........ X_ESPOLA CO ., a partnership and MIKEL DEVELOPMENT
.COMPANY,. a"corporation as Grantor. for and in consideration of the sum of One Dollar and
other valuable consideration paid by POWAY MUNICIPAL WATER DISTRICT
as Grantee, receipt whereof is hereby acknowledged. do hereby grant to said POWAY MUNICIPAL WATER DISTRICT
its successors and assigns, an easement of right of way 29 feet in width in, upon, over, under, and across the
lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for
any and all purposes and also underground conduits and cables for telephone,signal,and communication purposes, together
with their necessary fixtures and appurteuances at such locations and elevations, upon, along, over and under the herein-
after described right of way as Grantee may now or hereafter deem convenient and necessary from time to time,together
with the right of in,:e.a: thereto and egress therefrom, to and along said right of way by a practical route or routes in,
upon, over and across the hereinafter described lands, together with the right to clear and keep clear said right of way
from explosives,buildings and structures.
The lands in which said easement of right of way is hereby granted are situated in the County of San Diego
State of California. and are particularly described as follows, to wit:
The Northerly 20.00 feet of the Northwest Quarter, and the
Northerly 20.00 feet of the West Half of the Northeast Quarter,
all being in the Northeast Quarter of Section 7, in Township
14 South, Range 1 West, San Bernardino Base and Meridian, in the
County of San Diego, State of California, according to the United States
Government Survey, approved February 24, 1876.
RE-RECORDED
FIDE/PArE NO. 127134 fill!/Pa.RCC fig. '73038391
aEDK DI( 137 —
RECORDED REQUEST OF PECOROa p RE a €ST CF
FIRST AMERICAN TITLE rNs, CO FIRST AMERICAN TITLE INS. CO.
KAY 19 11 29 AM '7Z i-:6 13 l i 18 4t; • 13
OFFICIAL 3ROt
SAN DIEGO COUNTY.CALIF •.
HARLEY F.111.0014 CuATY,Ct,LIF
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RECORDER -.
NO FFE
Q � THIS DOCUMENT IS BEING RE—RECORDED TO ADD ADDITIONAL GRANTOR
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WITNESS FORM
STATE OF CALIFORNIA,
County of San Diego. aa.
On this day of _.._..__.----_--..._.._.._...-._.....A. D., 19.-....._, before me,.
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared_..__.__.____._-__
- - - - - - - -- ..known to me to be the person_ whose name.
subscribed to the within instrument, as a Witness thereto, who being by me duly sworn, depose--.______-and say •
That..._._.__he..._......reside......in..__.._..-.............._.....-----•-••---....._......_. ..----------_.._..and that......._-..he
..._—______present and saw_.._. - - -- - - --
personally known to h..._.._.._.._._to be the same person..__......whose name.. _subscribed
to the within and annexed Instrument, execute and deliver the same, and-.._...he-__--_acknowledged
to said affiant that __._.he..._..executed the same; and that said affiant subs cribed-.._._h...__name
• ._._---thereto as a Witness.
Jn whits§ ToIitrtof, I have hereunto set my hand and affixed my official seal the day
- and year in this certificate first above written. ;r
1 -
Notary Public in and for said County and Stat
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss
On this 8th day of May, 1972 , before me, the undersigned , a Notary
Public in and for said County and State, personally appeared :
ROY E. LAU, MD, PAUL K. LAM, MD, RICHARD W. RAINEY, MD,
THOMAS H. BIRNEY, MD, WILLIAM R. GALLIVAN, MD. , FRED M. HANSEN, MD
and BERNARD O'CONNOR, MD
known to me to be all of the partners of the partnership that executed
the within instrument, and acknowledged to me that such partnership
executed the same.
WITNESS my hand and official seal.
.2.....2-ei"1_,,--i%242A--:-.---i---i- /i
rMARI-LYN M
1 --\\ I A ii'iN M. HODGES i Notary Pdblic in and for
t ► ',;; --AN rat r; Public said County and State
�•_,' age of California My c cimnission expires 6/19/72
!tt._ Princip31 Office in
Or.vr,e Cnu'ty
My'Commission E."pi.-es lune 19, 1972 1
CORPORATION FORM
STATE OF..........._...........__________ is.
is
f
A. D., 19 , before me,
a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared......_..____....
---------------..___..__..._ _ _..--•----•------•.---•-__-._. known to me to be the.____.-...._-__-...--.---.--•---President
and..._......_.............._......---._---._..— known to me to be the Secretary
ofthe.----•- _..._._.-.-..-----_----.-_--.-._..............-....._...._.._---
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 same.
YTS •Ihtt## •1terrof, I have hereunto set my hand and affixed my official veal the day
and year in this certificate first above written.
Notary Public in and for said County and State.
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California tan&Title Association
Standard Coverage Policy Form ® l$ ,' A NI F. (f I C
Copyright 1963 S
N.
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Hl
POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, for a
valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule
A. hereby insures the parties named as Insured in Schedule A, the heirs,devisees, personal representatives of such Insured,
or if a corporation, its successors by dissolution, merger or consolidation,against loss or damage not exceeding the amount
stated in Schedule A, together with costs, attorney's fees and expenses which the Company may become obligated to
pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest
covered hereby in the land described or referred to in Schedule C, existing
at the date hereof, not shown or referred to in Schedule B or excluded from
coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing
an indebtedness, the owner of which is named as Insured in Schedule A, but
only insofar as such defect affects the lien or charge of said mortgage upon
the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance
not shown or referred to in Schedule B, or excluded from coverage in Schedule
B or in the Conditions and Stipulations, said mortgage being shown in Schedule
B in the order of its priority.
all subject, however, to the Conditions and Stipulations hereto annexed, which
Conditions and Stipulations, together with Schedules A, B, and C are hereby made
a part of this policy.
In Witness Whereof, First American Title Insurance Company has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, on the date shown in Schedule A.
4.r a�\\«E /Ns,N. First American Title Insurance Company
S Q ••' �p P B q -14, 'It
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g = o • n By / PRESIDENT
SEPTEMBER 24,
1966 • 2 4
�ts, .+' \• ATTEST 04<•••• SECRETARY
B 372381
Form No. 1684-2 •
Californiaia Landd Title Association 011)
Standard Coverage Policy Form
Copyright 1963
m9 SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $...68..00
Amount $ 3,500.00 Policy No. 678825
Effective Date May 22, 1972 at 9:00 a.m.
Insured
POWAY MUNICIPAL WATER DISTRICT
I. Title to the estate or interest covered by this policy at the date hereof is vested in:
POWAY MUNICIPAL WATER DISTRICT
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is:
EASEMENT
•
Form No. 1084-3
California Land Title Association
Standard Coverage Policy Form
Copyright 1963
ins 678825
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which
a correct survey would disclose.
5. Unpatented mininq claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
Part Two:
1. General and Special taxes for the fiscal year 1972-73, a lien not yet payable.
2. An easement over said land, for poles, wires and incidental purposes, as granted
to the San Diego Gas & Electric Company, by Deed recorded November 24, 1930 in
Book 1668, page 367 of Deeds.
The location of said line of poles and wires shall be as follows:
A strip of land 2 feet in width being 1 foot on each side of the following de-
scribed center line:
Beginning at a point on the Easterly line of the Northwest Quarter of Section
7, Township 14 South, Range 1 West, which point is Southerly a distance of 16
feet from the North Quarter corner of said Section 7; thence from said Point
of Beginning South 88°8' East a distance of 999 feet to a point hereinafter
known and designated as Point "A"; thence continuing South 88°8' East a dis-
tance of 315 feet more or less to the East line of the Northwest Quarter of
the Northeast Quarter of said Section 7.
Also a strip of land 2 feet in width being 1 foot on each side of the following
described center line:
Beginning at the above described Point "A"; thence North 00°36' East a distance
of 430 feet.
3. An easement over said land for poles, wires and incidental purposes, as granted
to the San Diego Gas and Electric Company, by deed recorded November 24, 1930
in Book 1839, page 141 of Deeds, over a strip of land 2 feet in width, being 1
foot on each side of the following described center line:
Beginning at a point on the East line of said Section 7, which point is South-
erly a distance of 470.7 feet from the Northeast corner thereof; thence from
said point of beginning, North 88°52' West, a distance of 953 feet; thence North
-continued-
•
411
ORDER NO. 678825
PAGE THREE
ma
SCHEDULE B PART TWO (CONTINUED)
Item #3 continued:
35°20' West, a distance of 583.7 feet; thence North 88°08' West to the West line
of the; Northeast Quarter of the Northeast Quarter of said Section 7.
4. An easement for County Highway, Record of Survey Map No. 335, affecting a por-
tion of Parcel 2 herein described as granted to the County of San Diego in
Easement Deed recorded February 3, 1937 in Book 618, page 177 of Official
Records.
Said instrument additionally grants the privilege and right to extend drainage
structures and excavation and embankment slopes beyond the limits of the above
described right of way where required for the construction and maintenance there-
of, and affects Parcel 2 herein described.
5. An easement for the purpose of a right of way for use for flood control purposes,
including pipe or pipe lines, manholes and all structures incidental thereto over,
under, along and across a strip of land 15 feet in width 7 1/2 feet on each side
of the following described center line:
Beginning at a point in the Northerly line of said Section 7 distant thereon
South 88° East 2656 feet from the Northwest corner of said Section; thence
South 0°24' East 500 feet as granted to the County of San Diego in Easement
Deed recorded March 26, 1941 in Book 1150, page 314 of Official Records.
6. An easement over said land for poles, wires and incidental purposes, as granted
to the San Diego Gas and Electric Company, by Deed recorded December 10, 1947 in
Book 2576, page 307 of Official Records.
The route thereof across said land is more particularly described as follows:
Beginning at a point which bears South 12.5 feet; thence South 88°04' East, 23.5
feet from the Northwest corner of said Northeast Quarter of the Northeast Quarter
of Section 7; thence from said point of beginning, South 88°24' East, 340.0 feet;
thence South 88°20' East, 761.45 feet; thence North 87°42' East, to the Northerly
line of the Northeast Quarter of the Northeast Quarter of said Section 7.
7. A perpetual easement for a right of way for pipe lines and incidental purposes
over the East Half of the Northeast Quarter and the Northeast Quarter of the
Southeast Quarter of Section 7, Township 14 South, Range 1 West, San Bernardino
Base and Meridian, in the County of San Diego, State of California, included
within the following described strip ofland:
Beginning at a point on the South line of said Section 7 distant thereon 341.88
feet from the Southeast corner of said Section, said point being Station 311
plus 71.6 of the survey of right of way of the San Jacinto San Vicenti Aqueduct;
thence North 36°59'45" West 563.90 feet; thence on a regular curve to the right
having;a radius of 900 feet, a distance of 168.11 feet when measured along the
true arc of the curve; thence North 26°55'45" West 137.95 feet; thence on a
regular curve to the right having a radius of 400 feet, a distance of 238.72 feet
when measured along the true arc of the curve; thence North 7°15'45" East,
-continued-
• 0
ORDER NO. 678825
PAGE FOUR
ms
SCHEDULE B PART TWO (CONTINUED)
Item 117 continued:
1,525.91 feet; thence on a regular curve to the left having a radius of 900 feet
a distance of 149.14 feet when measured along the true arc of the curve; thence
North 2°14'30" West 690.81 feet; thence on a regular curve to the left having a
radius of 900 feet, a distance of 132.73 feet when measured along the true arc
of the curve; thence North 10°41'15" West 822.22 feet; thence on a regular curve
to the right having a radius of 900 feet a distance of 184.13 feet when measured
along the true arc of the curve; thence North 1°04'45" East 829.57 feet to a
point on the North line of said Section, distant thereon 840.0 feet from the
Northeast corner of said Section, said point being station 366 plus 21.3 of the
survey of right of way of the San Jacinto Vicente Aqueduct; all as shown on
drawing No. 14-7 of said right of way survey, as condemned by the United States
of America in a final Decree of condemnation, a certified copy of which was re-
corded November 17, 1949 in Book 3389, page 324 of Official Records.
8. An easement over said land, for poles, wires and incidental purposes, as granted
to the San Diego Gas & Electric Company, by Deed recorded November 18, 1952 in
Book 4657, page 597 of Official Records.
The location of said line of poles and wires shall be as follows:
Beginning at a point which bears North 88°34' West 2.84 feet; thence South 0°
47'45" West 46.82 feet from the North Quarter corner of Section 7; thence from
the Point of Beginning North 69°20'45" East 104.62 feet.
9. A right of way and incidents thereto for public road purposes over said land,
as granted to the County of San Diego by Deed recorded February 11, 1953 in
Book 4746, page 67 of Official Records.
(Affects that portion of said land lying within Road Survey No. 1355.)
10. An easement and right of way for ingress and egress for road and utility pur-
poses over the Northerly 30 feet of the property herein described, together
with the right to dedicate the same to public use; ; also, the right to use the
. existing 5 inch water pipe line lying within said Northerly 30 feet, the grantee
to pay his proportionate share of the upkeep of said pipe line and to pay for
any water used from said pipe line, all as granted to R. Victor Venberg, a
married man, by deed recorded May 3, 1957 in Book 6563, page 247 of Official
Records.
11. An easement and right of way for ingress and egress, public utilities and inci-
dental purposes, over, under, along and across said Northwest Quarter of the
Northeast Quarter herein described as reserved by Alfred LoCascio and Florence
E. LoCascio, husband and wife in Deed recorded May 26, 1959 in Book 7682, page
378 of Official Records.
12. An easement for ingress and egress, public utilities and incidentals thereto
over the North 30 feet of the West 50 feet of the Northeast Quarter of the North-
east Quarter of said Section 7, as granted to Earl E. Cade and winifred M. Cade,
-continued-
•
410 410
. ORDER NO. 678825
PAGE FIVE
ms
SCHEDULE B PART TWO (CONTINUED)
Item #12 continued:
husband and wife as joint tenants, by deed recorded July 2, 1963 as File No.
115452, of Official Records.
13. An easement for gas pipe lines and incidental purposes in favor of San Diego Gas
& Electric Company is set forth in an instrument recorded Flay 11, 1972 as File
No. 119036 of Official Records. Said easement is located within the Southerly
10 feet of the Northerly 20 feet of the Northwest Quarter of the Northeast Quarter
of said Section 7.
14. An easement for gas pipe lines and incidental purposes in favor of San Diego Gas
& Electric Company is set forth in an instrument recorded May 11, 1972 as File
No. 119037 of Official Records. Said easement is located within the Northerly
20 feet of the West Half of the Northeast Quarter of the Northeast Quarter of
said Section 7.
15. An easement for sewer pipe lines and incidental purposes in favor of Pomerado
County Water District is set forth in an instrument recorded May 17, 1972 as
File No. 124509 of Official Records. Said easement is located within the North-
erly 20 feet of the Northwest Quarter of the Northeast Quarter of said Section 7.
•
411
Form No. 1056.4
All Policy Forms
ms 678825 SCHEDULE C
The land referred to in this policy is situated in the State of California , County
of San Diego and is described as follows:.
An easement of right of way described as follows, to with:
The Northerly 20.00 feet of the Northwest Quarter, and the Northerly 20.00 feet of the
West Half of the Northeast Quarter, all being in the Northeast Quarter of Section 7, in
Township 14 South, Range 1 West, San Bernardino Base and Meridian, in the County of San
Diego, State of California, according to the United States Government Survey, approved
February 24, 1876.
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California land TitietAsioclotionID
Standard Coverage Policy Foran
Copyright 1963
Form 10641
CONDITIONS AND STIPULATIONS
I. DEFINMON OF TERMS
The following terms when used in this policy upon an alleged defect,lien or encumbrance insured (c) No claim for damages shall arise or be
mean: against by this policy, and may pursue any litigation maintainable under this policy Cl) if the Company,
(a) 'land": the land described, specifically or to final determination in the court of last tesort. after having received notice of an alleged defect,lien
by reference in Schedule C and Improvements afflsed (b) In case any such action or proceeding shall or encumbrance not excepted or excluded herein re-
thereto which by law constitute real property; be begun or defense interposed or in case knowl- moves such defect, lien or encumbrance within a
(b) "public records": those records which Iso- edge shall come to the Insured of any claims of title reasonable time after receipt of such notice, or (2)
put constructive notice of matters relating to said or interest which is adverse to the title of the estate for liability voluntarily assumed by the Insured in
land; or interest or lien of the mortgage as insured, or settling any claim or suit without written consent of
(c) "knowledge": actual knowledge, not sun• which might cause loss or damage for which the the Company,or(3) in the event the title is rejected
strucdve knowledge m notice which may he imbuted Company shall or may be liable by virtue of this as unmarketable because of a defect,lien or encum-
to the Insured b)•reason of any public records; policy,or if the Insured shall in good faith contract brunet not excepted or excluded in this policy, until
(d) "date". the effective date; to sell the indebtedness secured by a mortgage coy there has been a final determination by a court of
(e) "mortgage': ortgege, deed of trust,trust ered by this policy, or U an Insured in good faith competent jurisdiction sustaining such rejection.
other deed,or security instruments; and leases or contracts to sell,lease or mortgage the same, (d) All payments under this policy,except pay-
(f) "insured"; the party or parties named at or if the successful bidder at a foreclosure sale under ments made for costs, attorneysfees and expenses;
Insured,and if the owner of the indebtedness secured a mortgage covered by this policy refuses to purchase shall reduce the amount of the insurance pro tanto
by a mortgage shown in Schedule B is named as an and in any such event the title to said estate or and no payment shall be made without producing
Insured in Schedule A,the Insured shall include 11) interest is rejected as unmarketable,the Insured shall this policy for endorsement of such payment unless
each successor in interest in ownership of such in- notify the Company thereof in writing. If such notice the policy be lost or destroyed in which case proof
debtedness, (2) any such owner who acquiresthe shall not be given to the Company within ten days of such lou or destruction shall be furnished to the
estate or interest referred to in'this policy by fore- of the receipt of process or pleadings or if the Insured satisfaction of the Company; provided, however, if
closure,trustee's sale or other legal manner in rads- shall not, in writing, promptly notify the Company the owner of an indebtedness secured by a mortgage
faction of said Indebtedness, and (3) any federal of any defect, lien or encumbrance insured against shown in Schedule B if an Insured herein then such
agency or instrumentality which is an insurer or guar- which shall come to the knowledge of the Insured, payments shall not reduce pro lento the amount of
tutor under an insurance contract or guaranty incur- or if the Insured shall not,in writing.promptly notify the insurance afforded hereunder as to such Insured,
Ing or guaranteeing said indebtedness or any part the Company of any such rejection by reason of except to the extent that such payments reduce the
thereof,whether named as an Insured herein or not, claimed unmarketability of title, then all liability of amount of the indebtedness secured by such mon-
subject otherwise to the provisions hereof. the Company in regard to the subject matter of such gage. Payment in full by any person or voluntary
action, proceeding or miner shall cease and tenni- satisfaction or release by the Insured of a mortgage
2. BENEFITS AFTER ACQUISITION OF TITLE nate; provided, however, that failure to notify shall covered by this policy shall terminate all liability of
in no case prejudice the claim of any Insured unless the Company to the insured owner of the indebted-
If an insured owner of the indebtedness secured by the Company shell be actually prejudiced by such nets secured by such mortgage, except as provided
a mortgage described in Schedule B acquires said failure and then only to the extent of such prejudice. in paragraph 2 hereof.
estate or interest,or any part thereof,by foreclosure, (c) The Company shall have the right at its (e) When liability has been definitely fixed in
trustee's sale or other legal manner in satisfaction own cost to institute and prosecute any action or accordance with the conditions of this policy the loss
of said indebtedness. or any part thereof, or U a proceeding or do any other act which in its opinion or damage shall be payable within thirty days there-
federal agency or instrumentality acquires said estate may be necessary or desirable to establish the title after.
or interest, or any part thereof, as e consequence of of the estate or interest or the lien of the mortgage 8. LIABILITY NONCUMULATIVE
an insurance contract or guaranty insuring or guaran- as insured; and the Company may take any appro-
teeing the indebtedness secured by a mortgage coy priate action under the teens of this policy whether It is expressly understood that the amount of this
ered by this policy, or any part thereof, this policy or not it shall be liable thereunder and shall not policy is reduced by any amount the Company may
shall continue in force in favor of such Insured, thereby concede liability or waive any provision of pay under any policy insuring the validity or pri-
aeenvy or instrumentality, subject to all of the con- this policy. ority of any mortgage shown or referred to In Sched-
ditions and stipulations hereof. (d) In all cases where this policy permits or ule B hereof or any mortgage hereafter executed by
requires the Company to prosecute or provide for the Insured which is a charge or lien on the estate
3. EXCLUSIONS FROM THE COVERAGE the defense of any action or proceeding,the Insured or interest described or referred to in Schedule A.
OF THIS POLICY shall secure to it the right to so prosecute or provide and the amount so paid shall be deemed a payment
defense in such action or proceeding,and all appeals to the Insured under this policy. The provisions of
This policy does not insure against loss or damage therein, and permit it to use, et its option,the name this paragraph numbered 8 shall not apply to an
by reason of the following: of the Insured for such purpose.Whenever requested Insured owner of an indebtedness secured by a mart-
(a) Any law,ordinance or governmental regu- by the Company the Insured shall give the Company gage shown in Schedule B unless such Insured ac-
lation (including but not limited to building and all reasonable aid in any such action or proceeding, quires tide to said estate or interest in satisfaction
zoning ordinances) restricting or regulating or pro- in effecting settlement, securing evidence, obtaining of said indebtedness or any part thereof.
hibitiog the occupancy.use or enjoyment of the land, witnesses, or prosecuting or defending such action 9. SUBROGATION UPON PAYMENT
or regulating the character, dimensions, or location or proceeding,and the Company shall reimburse the OR SETTLEMENT
of any Improvement now or hereafter erected on said Insured for any expense so incurred.
land, or prohibiting a separation in ownership or a Whenever the Company shall have settled a claim
reduction in the dimension' or area of any lot or 3. NOTICE OF LOSS—LIMITATION OF ACTION under this policy, all right of subrogation shall vest
parcel of land. in the Company unaffected by any act of the Insured
(b) Governmental rights of police power or In addition to the notices required under pare- and it shall he subrogated to and be entitled to all
eminent domain unless notice of the exercise of such graph 4(b), a statement in writing of any loss or rights and remedies which the Insured would have
rights appears in the public records at the date damage for which it is claimed the Company is liable had against any person or property in respect to such
hereof. under this policy shall be furnished to the Company claim had this policy not beenismer'. If the payment
(c) Tide to any property beyond the lines of within sixty days after such loss or damage shall have does not cover the loss of the Insured, the Company
the land expressly described In Schedule C, ar title been determined and no right of action shall accrue shall be subrogated to such rights and remedies in
to streets, roads avenues, lanes ways or waterways to the Insured under this policy until thirty days the proportion which said payment bean to the
on which such land abuts, or the nest to maintain after such statement shall have been furnished, and amount of said loss. If loss should result from any
therein vaults, tunnels, ramps or any other structure no recovery shall be had by the Insured under this act of the Insured,such act shall not void this policy.
or improvement; or any rights or easements therein policy unless action shall be commenced thereon but the Company,in that event,shall be required to
unless this policy specifically provides that such within five years after expiration of said thirty day pay only that part of any losses insured against here-
property,rights or easements are insured,except that period. Failure to furnish such statement of loss or under which shall exceed the amount, if any,lost to
U the land abuts upon one or more physically open damage,or to commence such action within the time the Company by reason of the impairment of the
streets or highways this policy insures the ordinary hereinbefore specified, shall be a conclusive bar right of subrogation.The Insured,if requested by the
rights of abutting owners for access to one of such against maintenance by the Insured of any action Company, shall transfer to the Company all rights
streets or highways, unless otherwise excepted or under this policy. and remedies against any person or property nests-
excluded herein. sary in order to perfect such right of subrogation and
(d) Defects, liens. encumbrances, adverse 6. OPTION TO PAY, SETTLE OR shall permit the Company to use the name of the
claims against the tide as insured or other modem COMPROMISE CLAIMS Insured in any transaction or litigation involving
(1) created, suffered. assumed or agreed to by the such rights or remedies.
The Company claiming loss or damage; or (2) known to shall have the option to pay or settle If the Insured is the owner of the indebtedness
the Insured Claimant either at the date of this policy or compromise for or in the name of the Insured any secured by a mortgage covered by this policy such
or at the date such Insured Claimant acquired an claim insured against or to pay the full amount of Insured may release or substitute the personal policy,
or interest insured by this policy and not shown this policy, or, in case loss is claimed under this ity of any debtor or guarantor,or extend or otherwise
by the public records, unless disclosure thereof in policy by the owner of the indebtedness secured by modify the terms of payment,or release a portion of
writing by the Insured shall have been made to the a mortgage covered by this policy,the Company shall the estate or interest from the lien of the mortgage,
Company prior to the date of this policy; or (3 have the option to purchase said indebtedness; such or release any collateral security for the indebted-
resulting in no loss to the Insured Claimant; or (4 purchase, payment or tender of payment of the full nets. provided such act does not result in any loss
attaching or created subsequent to the date he amount of this policy, together with all costs, tutor. of priority of the Lien of the mortgage.
(e) Loss or damage which would not have been neyi fees and expenses which the Company is obli-
sustained if the Insured were a purchaser or encum- gated hereunder to pay, shall terminate all liability 10. POLICY ENTIRE CONTRACT
brancer for value without knowledge. of the Company hereunder.In the event, after notice
of claim has been given to the Company by the Any action or actions or rights of action that the
(1) Any "consumer credit protection," Insured, the Company offer, to purchase said in- Insured may have or may bring against the Company
"truth in lending"or similar law. debtedness, the owner of such indebtedness shall arising out of the status of the lien of the mortgage
transfer and assign said indebtedness and the mort- covered bynsurethd is pohereliincy ormust thebe tidebased of theanthestateeprovi-
or
4. DEFENSE AND PROSECUTION OF ACTIONS ii
• gage securing the same to the Company upon pay nresell
iona of this policy.
OF CLAIM TO BE GIVEN ment of the purchase price. spo cy'
BY THE INSURED No provision or condition of this policy can be
7. PAYMENT OF LOSS waived or changed except by writing endorsed hereon
undue a delay shall provie de at
sownocost the defense without t (a) The liabilityof the Company under this Presidenor t, thed e Secrreto etary,
by the President, a Vi or
(I) p terry, ah Assistant Secretary or
Insured in all en ed litigation Inst consisting of actionsf pro- fpolicytshall in no case exceed,nat in all, thea ch loss other validating officer of the Company.
re mini commenced o a injunt the Insured,or defenses, Company p Insured and cosy ted hye fees which the
ae eror s er f thections igandel aRaim- b) may obligatedwhereunderin troy. 11. NOTICES, WHERE SENT
a ss foreclosure this pithy ormortgage alof the
indebted- insured
The Company this pay,in addition to any
nese covered by anor policy2) a saleons or Inn i heed surd by policy,nall costs imposed the All nutstet n'nt ii, ri in, giveneqthe Company
interest in said land; (2) for such action as may upon the Insured in litigation carried on by the :lust :my state •rat i e writing dd required to be Puts
be appropriateoestablish rtg,gtie of the estate or Company for the Insured,rr edand ell costs and attorneys'whome the Company in
lie in addressed to it at its
interest or the lien the mortgage as insured,which et inlitigation of on byC the Insured with the home uliire set J^_t North whic Street, t Santa licy.
litigation or action in any of such events is founded written authorization of the Company. Collis;rade, or to the settles which issued this policy.