Deed - Marina Blvd & Washington Ave - File 534, 1963

Home

California Land Title Association Standard Coverage Policy Form —Copyright 1963 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land the land described. specifically or by ref- erence, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart con- structive notice of matters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to the Insured by reason of any public ieahrds; (d) "date": the effective date; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument; and ( f 1 "insured": the party or parties named as Insured, and if the owner of the indebtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the Insured shall include ( I ) 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, or other legal manner in satis- faction of said indebtedness. and (3) any federal agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named .is an Insured herein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE 11 an insured owner of the indebtedness secured by a mortgage described in Schedule 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 guaranteeing the indebtedness secured by a mortgage cm•- ered by this polity, or any part thereof, this policy shall continue in force in favor of such Insured, agency orinstru- mentality, subject to all of the conditions and stipulations hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occu- pancy, use or enjoyment of the land, or regulating the char- � cte r, dimensions, nr location of any improvement now Fir 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 eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule A or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; nr any, rights or easements therein unless this policy specifically provides that such property, rights or easements are insured, except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or high ways, unless otherwise excepted or excluded herein- Idl Defects, liens, encumbrances, adverse claims against the title as insured or other 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 (late such Insured Claim- ant acquired 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 Company prior to the date of this policy; or (3 1, resulting in no loss to the Insured Claimant; or f41 attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sus- tained if the Insured were a purchaser or encumbrancer for value without 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 111 for the defense of the Insured in all litigation consisting of actions or proceedings commenced against the Insured, or defenses, restraining orders, or in- junctions interposed against a foreclosure or sale of the mortgage 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 estate or interest or the lien of the mortgage as insured, which liti- gation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last resort. CONDITIONS AND STIPULATIONS (b) In case any such action or proceeding shall be begun, or defense interposed, or in case knowledge shall come to the Insured of any daim of title or interest which is adverse to the title of the estate or interest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall nr may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by this pol- icy refuses to purchase and in any such event the title to said estate or interest is rejected as unmarketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or pleadings or if the Insured shall not, in writing, promptly notify the Company of any defect, lien fir encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company of any such rejection by reason of claimed unmarketability of title, then all lia- bility of the Company in regard to the subject matter of such action, proceeding or matter shall cease and terminate; pro- vided, however, that failure to notify shall in no rase prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (cI The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or de- sirable to establish the title of the estate or interest or the lien of the mortgage as insured ; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. id) In all cases where this policy permits or requires the Company to rusecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide defense in such action or proceed- ing, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. �When- ever requested by the Company the Insured shall give the Company all reasonable aid in any sudh action ur proceed- ing, ineffecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, and the Company shall reimburse the Insured for any expense so incurred. 5. NOTICE OF LOSS —LIMITATION OF ACTION In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed Elie Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished. and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within live years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to com- mence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the In- sured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the n;une of the Insured any claim insured against or to, pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. shall terminate all liability of the Company hereunder- In the event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said indebtedness. the owner of such in. debtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon pay- ment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in litigation earned on by the Company for the Insured, and all costs and.attorneys' fees in litigation car- ried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintain- able under this policy (1) i1 the Company, after hawing 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, or 121 for liability voluntarily assumed by the In- sured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted ur excluded in this policy, until there has been a final determination by a court of competent jurisdiction sustaining such rejection. (dI All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in n hidh case proof of such loss or destruction shall be fur- nished to the satisfaction of the Company; provided, how- ever, if the owner of an indebtedness secured by a mort- gage shown in Schedule B is an Insured herein then such payments shall not reduce pro Canto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. 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 mortgage, except as provided in paragraph 2 hereof. (el 'When liability has been definitely fixed in ac. cordance with the conditions of this policy the loss or dam- age shall be payable within thirty days thereafter. B. 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 hereafter 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 payment to the Insured under this policy. The provisions of this paragraph numbered R shall not apply to an Insured owner of an in- debtedness secured by a mnrtRage 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 SETTLEMENT \Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Com- pany unahected 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 property in respect to such claim had this policy not been issued. If the payment does not cover the loss of the insured, the Company shall he subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss. If Inss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subro- gation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy, such Insured may release nr substitute the personal liability of any debtor or guaran- tor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebtedness, provided such act Lines not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy Fir the title of the estate or interest insured herein must he based on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing indorsed hereon or attached hereto signed by the President, a Vice President. the Secre- tary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices requited to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 214 Van Ness Avenue, San Fran- cisco, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE.