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82002675 ~ 135th Avenue \ FORM No. ¢33—WARRANTY DEED (Individual or Corporate). STEVENS-NESS LAW PUBLISHING CO.,PORTLAND,OR,97204 1.1 74.- -- — y WARRANTY DEED 8 2 0 0 2 6 7 5 KNOW ALL MEN BY THESE PRESENTS, That Caxo1_.A.. .Barne.s Bomotti also shown on record_ as Carol..A.--.Barnes-and---Carol--A-. Bomotti1 hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by TIGARD_-WATER_DISTRICT__s __a municipal Corporation hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and 1 assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or ap- 11 pertaining, situated in the County of Washington and State of Oregon, described as follows, to-wit: 1 PARCEL 1: A portion of that tract of land as described in Book 344 Page 355, Washington ' County Deed Records, described as follows: Beginning at a point which bears South 0°54' ' West 423.51 feet from the northeast corner of Lot 32, HANDY ACRES, in the Northwest one quarter of Section 4, T.2.S.R.1.W. of the W.M. , in Washington County, Oregon; thence along the east line of said Lot 32, South 0°54' West 115.41 feet to an iron rod; thence South 88°01' 11 West 182.15 feet to an iron rod on the west line of said Lot 32, said iron rod being on the east right of way line of Southwest 135th Avenue; thence North 0°43' East 115.40 feet along the west line of said Lot 32 to an iron rod; thence North 88°O1' East 182.52 feet to the (')) point of beginning. LAPARCEL 2: A portion of that tract of land as described in Book 344 Page 355, Washington - County Deed Records, described as follows: Beginning at a point which bears South 0°54' West 538.91 feet from the northeast corner of Lot 32, HANDY ACRES, in the Northwest one quarter of 71' Section 4, T.2.S.R.1.W. of the W.M. , in Washington County, Oregon; thence along the East line 1of said Lot 32, South 0°54' West 115.41 feet to a 1/2 inch iron pipe at the southeast corner, lof Lot 32; thence South 87°42'23" West 181.83 feet to a 3/4 inch iron pipe at the southwest (corner of Lot 32, said iron pipe being on the east right of way line of Southwest 135th 3H1Avenue; thence North 0°43' East 115.76 feet along the west line of Lot 32 to an iron rod; thence IIF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) N. 88°01' E. 182.15 feet to the To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. point Of :!.11e^'1 And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that be in- grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances except n ng. ti gP 111 easements recorded in Book 811 Pages 168 and 169; The premises herein described are within and sub'ect to the statutory powers including the power of assessment of the Unified Sewerage Agency o as i.ng on county: and that gantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims — and demands of all persons whomsoever, except those claiming under the above described encumljrgn000.00 f= The true and actual consideration paid for this transfer, stated in terms of dollars, is $ . . ®However, the actual consideration consists of or includes other property or value given or promised which is the whole part of the consideration (indicate which).®(The sentence between the symbols®,if not applicable,should be deleted.See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. In Witness Whereof, the grantor has executed this instrument this 1 __day of ___ February -__ --, 19 82; if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board of directors. 7/ i _) Carol A. Barnes Bomotti (If executed by a corporation, affix corporate seal) STATE OF OREGON, ) STATE OF OREGON, County of )ss. )ss. , 19 County of Clackamas ) February 1st 19 82 Personally appeared and who, being duly sworn, Personally appeared the above named each for himself and not one for the other, did say that the former is the Carol A. Barnes Bomotti president and that the latter is the secretary of , a corporation, and acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal ment to be her ` voluntary_ act and deed. of said corporation and that said instrument was signed and sealed in be- half of said corporation by authority of its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. ''B' a Before me: -- - -' S ) (OFFICIAL (OFFICIALf' t SEAL) .,. SEAL) No - Public for O Notary Public for Oregon 1 My commission expires: F 19/83 My commission expire STAT Carol A. Barnes Bomotti E OF OREGON ��� , County of Washington SS onald W.Mason,r� GRANTOR'S NAME AND ADDRESS VeyanCeS f and Ex-off*re tOr of Ara SS " TIGARD WATER DISTRICT the within pngtrumeninty•do hereby oer°fy hat and recorded in book of writing was received of records of Saitl county. GRANTEE'S NAME AND ADDRESS SPACE RESER O Donal AD w. Mason • Attar recording return to: FOR Assessment Director of RECORDER'S officioand Taxation t,ChiefEx- TIC�RD WATER DISTRICT � Deputy Clerk 8841 S.W. Commercial Tigard, Oregon 97223 ‘1 N NAME,ADDRESS,ZIP 1A,Er')- en, Until a change is requested all tax statements shall be sent to the following address. TIGARD WATER DISTRICT 1982 F �. r )1.1I 8841 S.W. Commercial _2 Pil Tigard, Oregon 97223 y NAME,ADDRESS,ZIP i,1 WALNUT . STREET �a. V , 11,0 31 'HE I A ter' '. s; 800 900 W = 4P AC u• `'-` 4C ' • Z 3700 Ilk- K r c� 11,0301 W 0 ���\� 126 91 ���,'�' ,r.r.rr,rrrrrrr...,riri,rr .yflirrri�rir,irnr � I _ _ 700 1000 I cT .6,0..L. E : ,-, I 59.50 =_ 07 I � �9 9 2 I 1 I o � 3600 `'> 'HANDY ACRFt,' • 6.,4) m 4,. ° S I 13500 b ° =>3 I 3800 ,.-. _ I I 7760 , -;'`.7 <it-, °":15'559P 1-1 O . Ile ,2099 \� 300 1200' 89°37'E 1100 \ 4 , /9 40 4.9 --LT 50 411. 1 -3. G11 d3 2. / 10 11 r 12 - -\ 3900 '1 3 400 2./2 AL-. S w cnR nor 2 .,,'. HANDY ACRES d9` ,„„„„..,,,,,„,,,,),...„.,,, \ i a9 ..„3,,....„.,7 W 32 FERN STREETP7d7\ J, '77,,Avii./.40.40VIWZ//hilt/iiiiii/////fiiM7/? \ q G70' 2400 ",',c'LL1 \3300 A .,, Q 33aci- I `j s \ _ `, ( ) Scale CD N 50 _� 82,52 \ \ 1" = 100 ' 2500 3200 \ 59 v. \ t v . N l,n!. tri A '0 2 Q 'sit-0°of \ _1 3S,,0 c . \ ,j. F's 4, 173'36 _ - N 7F 2T,�,�, -r!-'s :•\,, 3100 \ i �\ \ 1. • 2600 ", ,-.,•7 .., . 29 n. v \ �'` 3 .r"' <";,(, \ z \\ 182.50 182.52 2 300 t• /' \ y 4 . 170 06— _ 3000 C/ \ 2700 L-, OD n. M r AN N: 31 0 15 ^' \ 8 ' 4000 64.63' i i) . 17009 /05 AC. 150 2800 1 2900 0 �— Existing 0. 8-MG aA. . u,k i.3� r �N o 0 Reservoir 5 N INITIAL N 88° 01' E I CO' i PSI P9°4pdpE/ 50 364 30' ,- 7C' 170 20 d. �.r.,.,i ., iii///i/////i/iiiii riiiiiii //k////////////////////// /////////////////. ////f 25 � '����4 5. 50 1-6.65' EAST WEST - ' OF SECTION 0 o I �--' Proposed 3-MG • Tax Lot SEE MAP I Reservoir I I 700 2S 14 75 m ._.• I 4BD I NOV 1` j m Tax Lot 225 600 a) . , SAFECO POLICY OF TITLE INSURANCE ISSUED FROM THE OFFICE OF SAFECO TITLE INSURANCE COMPANY 9011 S. W. Beaverton Hillsdale Hwy. Portland, Oregon 97227-2490 SAFECO TITLE INSURANCE COMPANY OF OREGON an Oregon corporation, hereinafter called the Company, for a valuable consideration paid for this policy of title insurance, the number, date, and amount of which are shown in Schedule A, does hereby insure 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 direct loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may be obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Title to the land described in Schedule A being vested, at the date hereof,otherwise than as herein stated;or 2. Unmarketability,at the date hereof,of the title to said land of any vestee named herein,unless such unmarketability exists because of defects,liens,encumbrances,or other matters shown or referred to in Schedule B;or 3. Any defect in,or lien or encumbrance on,said title existing at the date hereof,not shown or referred to in Schedule B,or excluded from coverage in the Schedule of Exclusions from Coverage;or 4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B securing an indebtedness,the owner of which is insured by this policy,but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land;or 5. Priority,at the date hereof,over any such mortgage or deed of trust,of any lien or encumbrance upon said land,except as shown in Schedule B such mortgage or deed of trust being shown in the order of its priority, all subject, however, to the Schedule of Exclusions from Coverage and the Conditions and Stipulations hereto annexed which, together with Schedules A and B, are hereby made a part of this policy. In Witness Whereof, SAFECO Title Insurance Company of Oregon has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of Date of Policy shown in Schedule A. /VAL or4.4.0e4 I 74414,1 ./.*---)Secretary iPr .:nt /le :1.4d • • Authorized Signature Oregon RATING BUREAU FOR TITLE COMPANIES IN OREGON STANDARD COVERAGE POLICY FORM nDP_91a/De., d_2111 SCHEDULE OF EXCLUSIONS FROM COVERAGE This policy does not insure against loss or damage by reason of the following: 1. 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. 2. 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. 3. Title to any property beyond the lines of the land expressly described ir.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;or 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 right of abutting owners for access to one of such streets or highways,unless otherwise excepted or excluded herein. 4. 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 date such Insured Claimant 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) resulting in no loss to the Insured Claimant;or (4) attaching or created subsequent to the date hereof. 5. Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value without knowledge. 6. Usury or claims of usury. 7. "Consumer credit protection,""truth-in-lending,"or similar law. CONDITIONS AND STIPULATIONS 1. Definition of Terms 3. Defense and Prosecution of Actions- unless the Company shall be actually e following terms when used in this pre- Notice of Claim to be Given by the judiced by such failure and then only to the The mean: Insured extent of such prejudice. the described, specifical- (a) The Company, at its own cost and (c) The Company shall have the right at its ly(a) "land":a landiSchedule A and im- without undue delay shall provide (1) for own cost to institute and prosecute any lyo or by s reference,afficethereto which by law the defense of the Insured in all litigation action or proceeding or do any other act prconstitute real property; consisting of actions or proceedings corn- which in its opinion may be necessary or menced against the Insured, or defenses, desireable to establish the title of the estate (b) "public records": those records which restraining orders,or injunctions interposed or interest or the lien of the mortgage as impart constructive notice of matters relat- against a foreclosure or sale of the mortgage insured; and the Company may take any ing to said land; and indebtedness covered by this policy or a appropriate action under the terms of this sale of the estate or interest in said land; policy whether or not it shall be liable (c) "knowledge": actual knowledge, not or (2) for such action as may be appropriate thereunder and shall not thereby concede constructive knowledge or notice which may to establish the title of the estate or interest liability or waive any provisions of this be imputed to the Insured by reason of any or the lien of the mortgage as insured,which policy. public records; litigation or action in any of such events is (d) "date": the effective date; founded upon an alleged defect, lien or (d) all cases wherenthishopro- (e) policy permits or encumbrance insured against by this policy, requires Company y prosecute or"mortgage": mortgage, deed of trust, and may pursue any litigation to final de- vide for the defense of any action or pro- trust deed,or other security instrument;and termination in the court of last resort. ceeding, the Insured shall secure to it the right to so prosecute or provide defense in (f) "insured": the party or parties named as (b) In case any such action or proceeding such action or proceeding, and all appeals Insured, and if the owner of the indebtednessshall be begun, or defense interposed, or in therein,and permit it to use,at its option,the secured by a mortgage shown in Schedule B case knowledge shall come to the Insured of name of the Insured for such purpose. is named as an Insured in Schedule A, theany claim of title or interest which is adverse Whenever requested by the Company the Insured shall include (1) each successor in to the title of the estate or interest or lien of Insured shall give the Company all reason- interest in ownership of such indebtedness, the mortgage as insured, or which might able aid in any such action or proceeding, in (2) any such owner who acquires the estatecause loss or damage for which the Com effecting settlement, securing evidence, or interest referred to in this policy by fore- pany shall or may be liable by virtue of this obtaining witnesses, or prosecuting or de- closure,trustee's sale,or other legal manner policy, or if the Insured shall in good faith fending such action or proceeding, and the in satisfaction of said indebtedness, and (3) contract to sell the indebtedness secured by Company shall reimburse the Insured for any federal agency or instrumentality which isa mortgage covered by this policy or, if an any expense so incurred. an insurer or guarantor under an insurance Insured in good faith leases or contracts to contract or guaranty insuring or guaranteeing sell, lease or mortgage the same, or if the 4. Notice of Loss-Limitation of Action said indebtedness, or any part thereof, successful bidder at a foreclosure sale whether named as an Insured herein or not, under a mortgage covered by this policy subject otherwise to the provisions hereof. refuses to purchase and in any such event In addition to the notices required under 2. Benefits after Acquisition of Title the title to said estate or interest is rejected paragraph 3(b), a statement in writing of as unmarketable,the Insured shall notify the any loss or damage for which it is claimed the If an insured owner of the indebtedness Company thereof in writing. If such notice Company is liable under this policy shall be secured by a mortgage described in Sched- shall not be given to the Company within ten furnished to the Company within sixty days ule B acquires said estate or interest,or any days of the receipt of process or pleadings or after such loss or damage shall have been part thereof, by foreclosure, trustee's sale, if the Insured shall not, in writing, promptly determined and no right of action shall or other legal manner in satisfaction of said notify the Company of any defect, lien or accrue to the Insured under this policy until indebtedness, or any part thereof, or if a encumbrance insured against which shall thirty days after such statement shall have federal agency or instrumentality acquires come to the knowledge of the Insured, or if been furnished,and no recovery shall be had said estate or interest,or any part thereof,as the Insured shall not, in writing, promptly by the Insured under this policy unless ac- a consequence of an insurance contract or notify the Company of any such rejection by tion shall be commenced thereon within five guaranty insuring or guaranteeing the in- reason of claimed unmarketability of title, years after expiration of said thirty day debtedness secured by a mortgage covered then all liability of the Company in regard to period. Failure to furnish such statement of by this policy, or any part thereof,this policy the subject matter of such action, proceed- loss or damage,or to commence such action shall continue in force in favor of such In- ing or matter shall cease and terminate; within the time hereinbefore specified, shall sured, agency or instrumentality, subject to provided,however,thatfailure to notify shall be a conclusive bar against maititenance by all of the conditions and stipulations hereof. in no case prejudice the claim of any Insured the Insured of any action under this policy. • • (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) • ORP-218(Rev.•4-80) SCHEDULE A Policy No.: W 24453 Premium: $ 120.00 Amount: $ 16,000.00 Date of Policy: February 2, 1982 at 4:13 p.m. 1. Name of Insured: TIGARD WATER DISTRICT, a municipal corporation. 2. The estate or interest in the land described in this Schedule and which is covered by this policy is: A Fee. 3. The estate or interest referred to herein is at Date of Policy vested in: TIGARD WATER DISTRICT, a municipal corporation. 4. The land referred to in this policy is described as: See the following page. I 03 SAFECO Order No. W 24453 DESCRIPTION PARCEL I: A portion of that tract of land as described in Book 344, Page 355, Washington County Deed Records, described as follows: Beginning at a point which bears South 0°54' West 423.51 feet from the northeast corner of Lot 32, HANDY ACRES, in the Northwest one- quarter of Section 4, Township 2 South, Range 1 West, of the Willamette Meridian, in Washington County, Oregon; thence along the east line of said Lot 32, South 0°54' West 115.41 feet to an iron rod; thence South 88°O1' West 182.15 feet to an iron rod on the west line of said Lot 32, said iron rod being on the east right of way line of Southwest 135th Avenue; thence North 0°43' East 115.40 feet along the west line of said Lot 32, to an iron rod; thence North 88°Ol' East 182.52 feet to the point of beginning. PARCEL II: A portion of that tract of land as described in Book 344, Page 355, Washington County Deed Records, described as follows: Beginning at a point which bears South 0°54' West 538.91 feet from the northeast corner of Lot 32, HANDY ACRES, in the Northwest one- quarter of Section 4, Township 2 South, Range 1 West, of the Willamette Meridian, in Washington County, Oregon; thence along the east line of said Lot 32, South 0°54' West 115.41 feet to a 1/2 inch iron pipe at the southeast corner of Lot 32; thence South 87°42'23" West 181.83 feet to a 3/4 inch iron pipe at the southwest corner of Lot 32, said iron pipe being on the east right of way line of Southwest 135th Avenue; thence North 0°43' East 115.76 feet along the west line of said Lot 32 to an iron rod; thence North 88°Ol' East 182.15 feet to the point of beginning. SAFECO SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the matters shown or referred to in this Schedule except to the extent that the owner of any mortgage or deed of trust is expressly insured on page 1 of this policy. 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 public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interest, 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, liens, or encumbrances, or claims thereof, which are not shown by the public records; unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. Continued. • Order No. W 24453 Page 4 SCHEDULE B - Continued 5. The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency of Washington County. 6. An easement created by instrument, including the terms and pro- visions thereof. Dated: March 29, 1971 Recorded: March 29, 1971 Book: 811, Page 169, Records of Washington County For: Utilities. Affects: The East 10 feet of Parcel I. 7 . An easement created by instrument, including the terms and pro- visions thereof. Dated: March 29, 1971 Recorded: March 29, 1971 Book: 811, Page 168, Records of Washington County For: Utilities. Affects: The East 10 feet and the South 10 feet of Parcel II. 2/3/82 dd 03iSAFECO • • OWNER'S INFLATION PROTECTION INDORSEMENT Dated: February 2 , 1982 Attached to Policy No. w 24453 Issued By SAFECO TITLE INSURANCE COMPANY OF OREGON The Company,recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy,as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined,for the purpose of this Indorsement,to be 12:01 a.m.on the first January 1 which occurs more than six months after the Date of Policy,as shown in Schedule A of the Policy to which this Indorsement is attached and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates,as defined above,by increasing the maximum of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States De- partment of Commerce Composite Construction Cost Index (base period 1967) for the month of Septem- ber immediately preceding exceeds such Index based upon the preceding year or any previous year; provided, however, that the maximum amount of insurance in force shall never exceed 175% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for yearsin which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim,or as of the date of receipt by the Company of the first notice of such claim,whichever shall first occur. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. SAFECO TITLE INSURANCE COMPANY OF OREGON By Authorized Signature Form 2.11 Owner's Inflation Protection Indorsement OR-2.11 (2-79) SAFECO . 3f-30 0 . , , I 1- ..,.—_____ i. ;,- 4 •,,'-., 23 I I Z 4 q ''',,,,,., I 00 i * .'- 4A r \ N\ '`--... 50 40 • \ . 12 ,i' 'rk-Z'•> 3400 - ' 3500 \ - - - I i E E T 0 . . _. . .., 0, RI.'.!,-,tfri-I \3-300 \ 'c 0 st 00 '0 - .t ' \':fl .; \ -1 --' -C 33 tn \ - \ --\-- to \ 150 r0 . \ \ 20' ...---' 3200 . 1 \ /- .:,. ,,,, 2 -- - FARr..EL -, 1 ,, .p,,,, , \ 34 --1 .10 DJ N f—,' ., ---......— 1 _ — N. ,: N 3100 PARGEL ! ,,, ,1 , . ( -,... ., _. ,,, N c> U r N m, \ -N. q 1 \ N C- .2 —.--."".-- '.."... rrZ,Z, '...* .... ...i q:0,_50 • N. 'Ne 3000 ( \ \ N . ) \ I 1—..., .1 c) cc . 1 . ...r , \ \ n) 4 _ N 31 ,'':,- ----iK-7,7, • (i) ' N \ , '9 4000 N i, ,---; .1,' N 0 N 150' N __ 2900 ,' . 5 Or, 0 , - • N 0 ^i \ (1) - • - L -...,.. --, N' ,r''44 E- " _ ,. N Pr,` ••; 170 20 l04,!:0 +R.: 50 ,....,-......Ar2M 'igeiVIMW4Mr.46""atc,ii•"414t. •,^11i,K4."T'P',1!"%fraVIC;'1,21:fifi99tigr.r,Wef'r??2MIW,,,ifirSZIgidir£61277.7r,.';'1174.4=1",e~Z[7.1 1 '25 (A Olt yo . n a/..t.f.. 4.3? touting you& land in ne6c,72110 t 1 '° I 23"85 't° stneet4 and othek raAre4 . White &Li peati4 betieved to 14 17 fi',' p - 6 1 1 Ibe evotect, the company ct,ssatic..4 i iL0 tiahlaitY 404 any toS6 b(( ./ . _ Itea4on olf 4et6ance theitem, SAFECO TITLE INSURANCE COMPANY r, OF OREGON ;. . 2S I 4E3D ter i i i . - 'CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) 5. Option to Pay, Settle or Compromise as provided in paragraph 2 hereof. Company and the Insured at the time of the is- Claims suance of this policy and shown by an express (e) When liability has been definitely fixed in statement herein or by an endorsement attached The Company shall have the option to pay or accordance with the conditions of this policy the hereto. settle or compromise for or in the name of the loss or damage shall be payable within thirty days Insured any claim insured against or to pay the full thereafter. 9. Subrogation Upon Payment or Settlement amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness 7. Liability Noncumulative Whenever the Company shall have settled a secured by a mortgage covered by this policy,the It is expressly understood that the amount of this claim under this policy,all right of subrogation shall Company shall have the option to purchase said policy is reduced by any amount the Company vest in the Company unaffected by any act of the indebtedness;such purchase,payment or tender may pay under any policy insuring the validity or Insured, and it shall be subrogated to and be of payment of the full amount of this policy, to- priority of any mortgage shown or referred to in entitled to all rights and remedies which the In- gether with all costs,attorneys'fees and expenses Schedule B hereof or any mortgage hereafter sured would have had against any person or which the Company is obligated hereunder to pay, executed by the Insured which is a charge or lien property in respect to such claim had this policy not shall terminate all liability of the Company here- on the estate or interest described or referred to in been issued. If the payment does not cover the under. In the event,after notice of claim has been Schedule A, and the amount so paid shall be loss of the Insured, the Company shall be sub- given to the Company by the Insured, the Corn- deemed a payment to the Insured under this rogated to such rights and remedies in the pro- pany offers to purchase said indebtedness, the policy.The provisions of this paragraph numbered portion which said payment bears to the amount of owner of such indebtedness shall transfer and 7 shall not apply to an Insured owner of an in- said loss. If loss should result from any act of the assign said indebtedness and the mortgage debtedness secured by a mortgage shown in Insured,such act shall not void this policy,but the securing the same to the Company upon payment Schedule B unless such Insured acquires title to Company, in that event, shall be required to pay of the purchase price. said estate or interest in satisfaction of said in- only that part of any losses insured against debtedness or any part thereof. hereunder which shall exceed the amount,if any, 6. Payment of Loss lost to the Company by reason of the impairment of (a) The liability of the Company under this policy S. Coinsurance and Apportionment the right of subrogation.The Insured,if requested by the Company,shall transfer to the Company all shall in no case exceed,in all,the actual loss of the (a) In the event that a partial loss occurs after the rights and remedies against any person or pro- Insured and costs and attorneys'fees which the Insured makes an improvement subsequent to the Company maybe obligated hereunder to pay. perty necessary in order to perfect such right of P Y 9 P Y date of this policy, and only in that event, the subrogation,and shall permit the Company to use (b) The Company will pay,in addition to any loss Insured becomes a coinsurer to the extent here- the name of the Insured in any transaction or insured against by this policy, all cost imposed inafter set forth. litigation involving such rights or remedies. upon the Insured in litigation carried on by the If the cost of the improvement exceeds twenty per Company for the Insured, and all costs and at- centum of the amount of this policy, such pro- secured by a mortgage covered by this policy, torneys'fees in litigation carried on by the Insured portion onlyof anypartial loss established shall be by mortgage this policy, the Insured is the owner of the indebtedness with the written authorization of the Company. such Insured may release or substitute the borne by the Company as one hundred twenty per personal liability of any debtor or guarantor, or centum of the amount of this policy bears to the (c) No claim for damages shall arise or be extend or otherwise modify the terms of payment, maintainable under this policy (1) if the Com sum of the amount of this policy and the amount or release a portion of the estate or interest from pany, after having received notice of an alleged expended for the improvement. The foregoing the lien of the mortgage,or release any collateral defect, lien or encumbrance not excepted or provisions shall not apply to costs and attorneys' security for the indebtedness, provided such act excluded herein removes such defect, lien or fees incurred by the Company in prosecuting or does not result in any loss of priority of the lien of encumbrance within a reasonable time after providing for the defense of actions or proceedings the mortgage. receipt of such notice, or (2) for liability volun in behalf of the Insured pursuant to the terms of this tarily assumed by the Insured in settling any claim policy or to costs imposed on the Insured in such 10. Policy Entire Contract actions or proceedings,and shall apply only to that or suit without written consent of the Company, portion of losses which exceed in the aggregate Any action or actions or rights of action that the or (3) in the event the title is rejected as un- Insured may have or may bring against the Corn- marketable because of a defect, lien or encum ten per cent of the face of the policy. pany arising out of the status of the lien of the brance not excepted or excluded in this policy,until Provided, however, that the foregoing coin- mortgage covered by this policy or the title of the there has been a final determination by a court of surance provisions shall not apply to any loss estate or interest insured herein must be based on competent jurisdiction sustaining such rejection. arising out of a lien or encumbrance for a liquidated the provisions of this policy. (d) All payments under this policy, except amount which existed on the date of this policy and payments made for costs, attorneys' fees and was not shown in Schedule B; and provided No provision or condition of this policy can be expenses, shall reduce the amount of the in- further, such coinsurance provisions shall not apply to any loss if,at the time of the occurrence of waived or changed except by writing endorsed surance pro tanto and no payment shall be made hereon or attached hereto signed by the President, without producing this policy for endorsement of such loss, the then value of the premises, as so a Vice President, the Secretary, an Assistant such payment unless the policy be lost or de- improved, does not exceed one hundred twenty Secretary or other validating Officer of the Com- stroyed, in which case proof of such loss or Per centum of the amount of this policy. pany. Y destruction shall be furnished to the satisfaction of (b) If the land described or referred to in Sche- the Company;provided, however, if the owner of dule A is devisible into separate and noncon- 11. Notices,Where Sent an indebtedness secured by a mortgage shown in tiguous parcels,or if contiguous and such parcels All notices required to be given the Company and Schedule B is an Insured herein then such are not used as one single site, and a loss is any statement in writing required to be furnished payments shall not reduce pro tanto the amount of established affecting one or more of said parcels the Company shall be addressed to it at the office the insurance afforded hereunder as to such In- but not all,the loss shall be computed and settled which issued this policy or to: sured, except to the extent that such payments on a pro rata basis as if the face amount of the reduce the amount of the indebtedness secured by policy was divided pro rata as to the value on the such mortgage. Payment in full by any person or date of this policy of each separate independent voluntary satisfaction or release by the Insured of a parcel to the whole, exclusive of any improve- SAFECO Title Insurance Company of Oregon mortgage covered by this policy shall terminate all ments made subsequent to the date of this policy, Home Office Legal Department liability of the Company to the insured owner of the unless a liability or value has otherwise been 1800 S.W.First Avenue indebtedness secured by such mortgage,except agreed upon as to each such parcel by the Portland,Oregon 97201 ORP-218(Rev.4-80) POLICY OF TITLE INSURANCE SAFECO SAFECO TITLE SAFECO TITLE INSURANCE COMPANY INSURANCE COMPANY SAFECO TITLE INSURANCE COMPANY OF OREGON HOME OFFICE 1800 S.W. FIRST AVENUE • PORTLAND, OREGON 97201