Deed - Hays St, extension (from Davis Street to San Leandro Creek) - File 325, 1957

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STIPULATIONS Scope of 1. This policy does not insure against, and the Companies will not be liable Coverage for loss or damage created by or arising out of any of the following: (a) de- fects, liens, claims, encumbrances, or other matters which result in no pecu- niary loss to the insured; (b) defects, liens, encumbrances, or other matters created or occurring subsequent to the date hereof; (c) defects, liens, encumbrances, or other matters created or suffered by the insured claiming such loss or damage; or (d) defects, liens, claims, encumbrances, or other matters existing at the date of this policy and known to the insured claiming such loss or damage, either at the date of this policy or at the date such insured claimant acquired an estate or interest insured by this policy, unless such defect, lien, claim, encumbrance or other 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. Any 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. Defense of Actions. 2. The Companies at their own cost shall defend the insured in Notice of Actions all litigation consisting of actions or proceedings against the or Claims to be insured, or defenses, restraining orders, or injunctions interposed Given by the against a foreclosure or sale of said land in satisfaction of any Insured indebtedness, the owner of which is insured by this policy, which litigation is founded upon a defect, lien, encumbrance, or other matter insured against by this policy, and may pursue such litigation to final determina- tion 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. If such notice shall not be given to the Companies at least two days before the appearance day in any such litigation, or if such insured shall not, in writing, promptly notify the Companies of any defect, lien, encumbrance, or other matter insured against, or of any such adverse claim which shall come to the knowledge of such insured, in respect to which loss or damage is apprehended, then all liability of the Companies as to each insured having such knowledge shall cease and terminate; pro- vided, however, that failure to so notify the Companies shall in no case prejudice the claim of any insured unless the Companies shall be actually prejudiced by such failure. The Companies shall have the right to institute and prosecute any action or proceeding or do any other act which, in their opinion, may be necessary or desirable to establish the tide, or any insured lien or 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 writing the right to so prosecute or defend such action or proceeding, and all appeals therein, and permit them to use, at their option, the name 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 desirable by the Companies, and the Companies shall reimburse the insured for any expense so incurred. The Companies shall be subrogated to and be entitled to all costs and attorneys' fees incurred or expended by the Companies, 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 knowl- edge, and does not refer to constructive knowledge or notice which may be imputed by the public records. Notice of Loss. 3. A statement in writing of any loss or damage for which it is Limitation of Action claimed the Companies are liable under this policy shall be fur- nished to the Companies within sixty days after such loss or damage shall have been ascertained. No action or proceeding for the recovery of any such loss or damage shall be instituted or maintained against the Companies until after full compliance by the insured with all the conditions imposed on the inured by this policy, nor unless commenced within twelve months after receipt by the Companies of such written statement. Option to Pay, 4. The Companies reserve the option to pay, settle, or com- Settle, or promise for, or in the name of, the insured, any claim insured Compromise Claims against or to pay this policy in full at any time, and payment or tender of payment of the full amount of this policy, together with all accrued costs which the Companies are obligated hereunder to pay, shall termi- nate all liability of the Companies hereunder, including all obligations of the Companies with respect to any litigation pending and subsequent costs thereof. Subrogation Upon 5. Whenever the Companies shall have settled a claim under Payment or Settlement this policy, they shall be subrogated to and be entitled to all rights, securities, and remedies which the insured would have had against any person or property in respect to such claim, had this policy not been issued. If the payment does not cover the loss of the insured, the Companies shall be subrogated to such rights, securities, and remedies in the proportion which said payment burs to the amount of said loss. In either event the insured shall transfer, or cause to be transferred, to the Companies such rights, securities, and remedies, and shall permit ttie Companies to use the name of the insured in any transaction or litigation involving such rights, securities, or remedies. Option to Pay G. The Companies have the right and option, in case any loss is Insured Owner claimed under this policy by an insured owner of an indebtedness of Indebtedness secured by mortgage or deed of trust, to pay such insured the in - and Become debtedness of the mortgagor or trustor under said mortgage or Owner of Security deed of trust, to with all costs which the Companies are obligated hereunder to pay, in which case the Companies shall become the owners of, and such insured shall at once assign and transfer to the Com- panies, said mortgage or deed of trust and the indebtedness thereby secured, and such payment shall terminate all liability under this policy to such insured. Payment of Loss and 7. The Companies will pay, in addition to any loss insured Costs of Litigation. against by this licyy all costs imposed upon the insured in Indorsement of litigation carriedon by the Companies for the insured, and in Payment on Policy litigation carried on by the insured with the written authoriza- tion of the Companies, but not otherwise. The liability of the Companies under this policy shall in no case exceed, in all, the actual loss of the insured and costs which the Companies are obligated hereunder to pay, and in no case shall such total liability exceed the amount of this policy and said costs. All payments under this policy shall reduce the amount of the insurance pro tanto, and payment of loss or damage toan insured owner of indebtedness shall reduce, to that extent, the liability of the Companies to the insured owner of said land. No payment may be demanded by any insured without producing this policy for indorsement of such payment. Manner of Payment 8. Loss under this policy shall be payable, first, to any insured of Loss to Insured owner of indebtedness secured by mortgage or deed of trust shown in Schedule B, in order of priority therein shown, and if such ownership vests in more than one, payment shall be made ratably as their respective interests may appear, and thereafter any loss shall be payable to the other insured, and it more than one, then to such insured ratably as their respective interests may appear. If there be no such insured owner of indebtedness, any loss shall be payable to the insured, and if more than one, to such insured ratably as their respective interests may appear. Definition 9. The following terms when used in this policy mean: of Terms (a) "named insured": the persons and corporations named as insured on the first page of this policy; (b) "the insured": such named insured together with (1) each successor in owner- ship of any indebtedness secured by any mortgage or deed of trust shown in Schedule B, the owner of which indebtedness is named herein as an insured, ( 2) any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule C, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, ( 3 ) any governmental agency or instrumentality acquiring said land under an insurance contract or guarantee insuring or guaranteeing said indebtedness or any part thereof, and ( 4) any person or corporation deriving an estate or interest in said land as an heir or devisee of a named insured or by reason of the dissolution, merger, or consolidation of a corporate named insured; (c) "land": the land described specifically or by reference in Schedule C and im- provements affixed thereto which by law constitute real property; (d) "date": the exact day, hour and minute specified in the first line of Schedule A (unless the context clearly requires a different meaning); (e) "taxing agency": the State and each county, city and county, city and district in which said land or some part thereof is situated that levies taxes or assessments on real p roperry; (f) "public records": those public records which, under the recording laws, impart constructive notice of matters relating to said land. Written Indorsement 10. No provision or condition of this policy can be Required to Change Policy waived or changed except by writing indorsed hereon or attached hereto signed by the President, a Vice President, t-ie Secretary, or an Assistant Secretary of each of the Companies. Notices: Where Sent 11. All notices required to be given the Companies and any statement in writing required to be furnished the Companies shall be addressed to them at 1510 Webster Street, Oakland, California. In Witness Whereof, each of the Companies has caused its corporslte name and seal to be hereunto affixed by its duly authorized officers as of the day and hour set forth in SCHEDULE A hereof. TITLE INSURANCE AND TRUST COMPANY By PRESIDENT Attest ASSISTANT SECRETAR ALAMEDA COUNTY -EAST BAY TITLE INSURANCE COMPANY By PRESIDENT Attest ASSISTANT SECRETARY