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10832 ~ Bonita Road NO TE -VC) TT, LT- 1, /q / c c-rA ---) ( C c7 0 . ILt)ct-Alen 0,4 TL g ,U2—C-.66.-A2--g 0,A. \NI CtiA.Th 0 da-kPe\- Jk11%) s-:-)tf"- . 1: 71 S ne.,.. 9--i DEED KNOW ALL MEN BY THESE PRESENTS, That I, L.R. DAVIS, a single man, hereinafter termed grantor, in consideration of One Thousand Two Hundred and no/100ths ($1,200.00) Dollars to me paid by the City of Tigard, a municipality of the State of Oregon, hereinafter termed grantee do hereby grant, bargain, sell and con- vey to grantee the following described real property in the County of Washington, State of Oregon: TRACT I: A tract of land in the James H. Hicklin, D.L.C. No. 43, in the Northeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; being more particularly described as follows: Beginning at an iron pipe on the north line of Section 12, Township 2 South, Range 1 West, Willamette Meridian, said iron pipe being east 1584. 3 feet from the Northwest corner of said James H. Hicklin D.L.C. No. 43; and also being on the westerly right-of-way line of the Oregon Electric Railroad; thence South 41 degrees 13 minutes East along said westerly right- of-way line 136. 3 feet to an iron pipe; thence south 1203. 9 feet to an iron pipe on the northerly line of S.W.Bonita Road, (County Road No. 736) ; thence North 88 degrees 59 minutes East 406. 6 feet to the true point of beginning; thence North 88 degrees 59 minutes East continuing along said northerly line of S.W. Bonita Road, 30 feet; thence North 1 degree 01 minutes West 30 feet; thence South 88 degrees 59' minut sWest, 30 feet; thence South 1 degree 01 minute East, 30 feet to the true point of beginning. TRACT II: A perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, nocu.R, e% maintaining, inspecting and repairing underground sewer - .� `` � line together with the right to remove, as necessary, )�� � y vegetation, foliage, and other obstructions within the ,a " easement area, but reserving to the grantor the surface p � ,' rights with respect to the permanent easement area in- 14-4 clttding the right to construct thereon railroad spur 'Frzz>.nAT"'FS I\'TFILIAL RBVF1 line trackage, vehicle road, or fence, provided that \CC 1. 14= 11,11� no permanent buildings be erected within the easement area, said permanent easement area being a strip of ,!CIJMENTARY- land 10 "feet in width said stripof land being5 feet Ta °'11:( !r � in width when measured at right ngles, on eacside of the following described centerline: ;55.ENT5i55; Beginning at an iron pipe on the north line of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; said iron pipe IIniFt E" E i being east 1584. 3 feet from the Northwest corner of �� the James H. Hicklin D.L.C. No. 43, and also being on 47.' .`° the westerly right of way line of the Oregon Electric , ^(. Railroad• thence South 41 degrees 13 minutes East, ° v along said westerly right of way line 136. 3 feet; F'� = thence south 1203. 9 feet to an iron pipe on the northerly IZ� line of S.W. Bonita Road (County Road No. 736) ; thence I',V N 3i 31 N rill North 88 degrees 59 minutes East along said northerly line of S.W. Bonita Road 431. 6 feet; thence North 1 degree 01 minute West 30 feet to the true point of beginning of the following described centerline: -moo 8 3 2 beginning; thence North 1 degree 01 minute West a distance of 296.4 feet; thence North 69 degrees 04 minutes East a distance of 173. 0 feet more or less to a point which is 5 feet westerly when measured at right angles, adjacent and contiguous, to the westerly right of way line of the Oregon Electric Railroad; thence northwesterly and parallel to the Oregon Electric Railroad westerly right of way line to an intersection with the westerly line of Tax Lot 700, as conveyed to L.R. Davis and V. Fay Davis, husband and wife , as described in Book 454, Page 440, Washington County, Oregon Deed Records. TRACT III: A temporary right of ingress, egress and regress for use during the period of sewer construction on the permanent easement area a strip of land 20 feet in width westerly of, along and within 20 feet of the westerly line of the above described Tract II; said temporary easement to terminate upon the completion of the sewer con- struction work; TRACT IV: A perpetual right-of-way and easement for the purpose of constructing, reconstructing, operating, maintaining, inspecting and repairing under round sewer line together with the right to remove, as necessary, vegetation , foliage , and other obstructions within the easement area, but reserving to the grantor the surface rights with respect to the permanent easement area in- cluding the right to construct thereon railroad spur line trackage , vehicle road, or fence , provided that no permanent buildings be erected within the easement area; said easement area being a strip of land 10 feet in width when measured at right angles lying parallel to, Southwesterly of, along and within 10 feet of the Southwesterly right;-of-way line of the Oregon Electric Railroad, on, over and across that said tract of land described in Book 395 page 267 Deed Records of Wash- ington County, Oregon. TRACT V: A temporary right of ingress, egress and regress for use during the period of sewer construction on the permanent easement area above described as Tract IV, a strip of land 20 feet in width lying Southwesterly of,. along and within 20 feet of the Southwesterly line of said tract IV, said temporary easement to terminate upon completion of sewer construction work on Tract IV. To Have and To Hold the same unto the City of Tigard, its successors forever; The grantor does hereby warrant that he is the owner in fee simple of the foregoing real premises and has a good legal • 10832 right to grant same. IN WITNESS WHEREOF, Grantor has hereunto set his hand this J 7 day of November, 1965. STATE OF OREGON ) ) ss. November /-71965. County of Washington ) Personally appeared the above named L.R. DAVIS, a single man, and acknowledged the foregoing instrument to be his voluntary act and deed. ' Before me: )17• Al tary Pu lic for Oregon << [ IIy Conullislon Expires: q_ 29—69 STATE OFOREGON-, County 4 Countt y off Washington ss 6444/) ED I,I, Roger Thomssen, Director oci. ecor s and Elections and Ex-Officio Recorder of Conveyances for said county, do hereby certify that the within instrument 'of writing was received and recorded in book - in the Records-of of said County.'-' Witness my hand and seal affixed. ROGER THOMSSEN, Director Deputy Nov 22 9 12 Pi '65 FREDERICK A. ANDERSON ATTORNEY AT LAW TIGARD PROFESSIONAL CENTER 8865 S. W. CENTER STREET P. O. BOX 23006, TIGARD, OREGON 97223 639-1121 FREDERICK A. ANDERSON January 31, 1966 JAMES A. MASON Mrs. Monnie Andrews, City Recorder Tigard City Hall Tigard, Oregon Re: Sewer line easements and pumping site - Davis tract Dear Monnie: Herewith title policy #L44511 of Pioneer National Title Insurance Company (Title and Trust) with respect to the site and easement property obtained from Mr. Davis. I also enclose the billing of the Title Company in the amount of $29.00, which I suggest be placed among your accounts to be paid in the normal course of business dir- ectly to the title company. May I suggest that the title policies together with the deed of easement which I believe you previously have received be placed among the permanent title records of real property in your files. My suggestion is that a con- solidated file indexed as to grantors be maintained with respect to all real property title papers including the easements which concern the City' s affairs so that same may be available from year to year on a permanent basis for ready reference. If you desire, I would be glad to comment further on how this might be set up. Yotp, very truly, ed. . Anderson FAA:lm Enclosure PN Pioneer National Title Insurance Company 321 S.W. FOURTH AVENUE • PORTLAND, OREGON 97204 • TELEPHONE 228-1181 HERBERT ALTSTADT TITLE AND TRUST DIVISION VICE-PRESIDENT AND DIVISION MANAGER Premium $2 7. 5 0 Policy of Title Insurance PIONEER NATIONAL TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of California), 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 corpora- tion, 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 ob- ligated 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, other- wise 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 Conditions and Stipulations; 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 SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which are hereby made a part of this policy. In witness whereof, PIONEER NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY By President Attest: 02441. 2d/ •'(.fr't Oregon Land Title Association Secretary Standard Coverage Policy Form TO 6006 OR R-8-60 204 Oregon Land Title Association Standard Coverage Policy R 8-60 SCHEDULE B This policy does not insure against loss 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 in Paragraphs numbered 4 and 5 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 the public records; pending pro- ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 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; 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. 5. Rights of the public in streets, roads and highways. 6. Reservation in deed filed by The Union Central Life Insurance Company, a corporation, recorded December 14, 1961, in Book 454, page 440, as follows : Saving, Except and reserving, however, unto the Union Central Life Insurance Co. , its successors and assigns, from all the above described lands an undivided one-half of the oil, gas and other hydrocarbons and minerals now or at any time hereafter therein and thereunder, together with all easements and rights necessary or convenient for the production, storage or transportation thereof and the exploration and testing of the said real property and also the right to drill for, produce and use water from the said real property in connection with drilling or mining operations thereon. F.207 Page 3 of Policy No. L-43726 • • The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey. Iifie-rirsi t • - t":—t- I's _________________ _ s er 44'8/ ».N CHAIN I ! p. VIA.• ..a.,. a•..1 JAMES mous DLC..45 6000 CHAMs 4. t C , \ O • iii , t • ' • N 0 O w ;Oj \ 1. .1,, U 4 `E ., , v.i. ..... 4ik 1fi i y /4011.44111‘.C 111.0 -., ,.s' a..., a.a1 ... - ,44 Ga rR. 11 r s ar�+rr'. Alio $0,TM " a. .r 1 s Weeds.vo ,•••"), qtie s7 K ..•s �.1, a» 0 �t/It' _ s at 4a 64 �j �'a+•••.d 5', 0 1 �s ' ce t _ ® ..... 57 5f 56 5453 i M•M•N q,,... • Z 20 48 h 49 4N ID S 5t \ ••• n • 8 N 47• a C. i 45 43 Q 4¢ 7 JAMES RLG. 45 • •^ I 17 qr I „ s . , 34 k a .17 .... 49 \ Wim_ .0.rc r Se !s ' . 1 ` 4 F I u, L I/'3-lad PN Pioneer National Title Insurance Company 321 S.W. FOURTH AVENUE • PORTLAND, OREGON 97204 • TELEPHONE 228-1181 HERBERT ALTSTADT TITLE AND TRUST DIVISION VICE-PRESIDENT AND DIVISION MANAGER Premium $ 27.50 Policy of Title Insurance PIONEER NATIONAL TITLE INSURANCE COMPANY, a corporation, (incorporated under the laws of the State of California), 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 corpora- tion, 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 ob- ligated 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, other- wise 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 Conditions and Stipulations; 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 SCHEDULES A and B, and the CONDITIONS and STIPULATIONS herein, all of which are hereby made a part of this policy. In witness whereof PIONEER NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. PIONEER NATIONAL TITLE INSURANCE COMPANY By /J. President Attest: Reej. Oregon Land Title Association Secretary Standard Coverage Policy Form TO 6006 OR R-8-60 204 SCHEDULE A Amount $ 1,200.00 Date January 26, 1966 At 8:00 A.M. INSURED THE CITY OF TIGARD, a municipality of the State of Oregon. The fee simple title to said land is,at the date hereof,vested in THE CITY OF TIGARD, a municipality of the State of Oregon. The land referred to in this policy is described as TRACT I: A tract of land in the James H. Hicklin D.L.C. No . 43, in the No theast quarter of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; being more particu- larly described as follows : Beginning at an iron pipe on the North line of Sect_'._on 12, Township 2 South, Range 1 West, Willamette Meridian, said iron pipe being East 1584.3 feet from the Northwest corner of said James H. Hicklin D.L.C. No. 43; and also being on the Westerly right-of-way line of the Oregon Electric Railroad; thence South 41° 13' East along said Westerly right-of-way line 136 .3 feet to an iron pipe; thence South 1203.9 feet to an iron pipe on the Northerlyline of S . W. Bonita Roed, (County Road No . 736); thence North 8 ° 59' East 406.6 feet to the true point of beginning; thence North 88° 59 ' East con- tinuing along said Norther_.y line of S. W. Bonita Road 30 feet; thence No _ th 10 01 ' West 30 feet; thence South 88° 59' West, 30 feet; thence South 10 01 ' East, 30 feet to the true point of beginning. TRACT II: A perpetual right-of-way and easement for the purpose of con- structing, reconstructing, operating, maintaining, inspecting and repairing underground sewer line togethe_ with the right to remove, as necessary, vegetation, foliage, and other obstructions within the easement area, but reserving to the grantor the surface rights with respect to the permanent easement area including the right to construct thereon railroLd spur line trackage, vehicle road, or fence, provided that no permanent buildings be erected within the easement area, said permanent easement area beim; a strip of land 10 feet in width, said strip of land being 5 feet in width when measured at right angles, on each side of the following described centerline : Beginning at an iron pipe on the North line of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, PAGE 2 OF POLICY NO. L-44-511 (continued) Oregon; said iron pipe being East 1584.3 feet from the Northwest cor- ner of the James H. Hicklin D.L.C. No. 43, and also being on the Westerly right-of-way line of the Oregon Electric Railroad; thence South 41° 13' East, along said Westerly right-of-way line 136.3 feet; thence South 1203.9 feet to an iron pipe on the Northerly line of S.W. Bonita Road (County Road No. 736) ; thence North 88° 59' East along ° said Northerly line of S. W. Bonita Road 431.6 feet; thence North 1 01 minute West 30 feet to the true point of beginning of the follow- ing described centerline: Beginning at the above described true point of beginning; thence North 1° 01' West a distance of 296.4 feet; thence North 69 04' East a distance of 173.0 feet more or less to a point which is 5 feet westerly when measured at right angles, adjacent and contiguous, to the westerly right of way line of the Oregon Electric Railroad; thence northwesterly and parallel to the Oregon Electric Railroad westerly right of way line to an intersection with the westerly line of Tax Lot 700, as conveyed to L.R. Davis and V. Fay Davis, husband and wife, as described in Book 454, Page 440, Washington County, Oregon Deed Records . TRACT III: A temporary right of ingress, egress and regress for use during the period of sewer construction on the permanent easement area a strip of land 20 feet in width westerly of, along and within 20 feet of the westerly line of the above described Tract II; said temporary easement to terminate upon the completion of the sewer con- struction work; TRACT IV: A perpetual right-of-way and easement for the purpose of construction, reconstructing, operating, maintaining, inspecting and repairing underground sewer line together with the right to remove, as necessary, vegetation, foliage, and other obstructions within the easement area, but reserving to the grantor the surface rights with respect to the permanent easement area including the right to cons- truct thereon railroad spur line trackage, vehicle road, or fence, provided that no permanent buildings be erected within the easement area; said easement area being a strip of land 10 feet in width when measured at right angles lying parallel to Southwesterly of, along and within 10 feet to the Southwesterly right-of-way line of the Oregon Electric Railroad, on, over and across that said tract of land described in Book 395 page 267 Deed Records of Washington County, Oregon. TRACT V: A temporary right of ingress, egress and regress for use during the period of sewer construction on the permanent easement area above described as Tract IV, a strip of land 20 feet in width lying Southwesterly of, along and within 20 feet of the Southwesterly line of said tract IV, said temporary easement to terminate upon completion of sewer construction work on Tract IV. Page of Policy No. L44- 11 5 Oregon Land Title Association Standard Coverage Policy 88-60 SCHEDULE B This policy does not insure against loss 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 in Paragraphs numbered 4 and 5 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 the public records; pending pro- ceedings for vacating, opening or changing of streets or highways preceding entry of the ordinance or order therefor. 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; 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. 5. Reservation in deed filed by The Union Central Life Insurance Company, a Corporation, recorded December 14, 1961, in Book 454, page 440, as follows : Saving, Except and reserving, however, unto the Union Central Life Insurance Co . , its successors and assigns, from all the above described lands an undivided one-half of the oil, gas and other hydro- carbons and mineral now or at any time hereafter therein and thereunder, together with all easements and rights necessary or convenient for the production, storage or transportation thereof and the exploration and testing of the said real property and also the right to drill for, produce and use water from said real property in connection with drilling or mining operation thereon. Fzo, Page!a. of Policy No. L-44-511 The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey. S 89° 44' W 79.68 CHAINS Z ;«•,s 246 JAMES HICKLIN QL.C. 43 50-00 CN v 1 , kr.)% '. \ I S VI 35 l, \\ , o 434 ryq^ 3•, )\ ,\ 7c \ � \ ° \‘,� o 01 • 1 \ o4. 1 �` o......,40/.;) • \ \' 0 "...' \ ,p ,.• ir \ A •r 4. tk o II h II \ . 0 I II ll i °0 1 WsICA.71 X5.4 d�c� � V • ,sc -o--- ROAD P.O 73 • �� IMENIO 25` A \8�•fS�Is" kb 01.0,4 ®. t 69 I ei 6766 65 ti oil L yN-../r /L 3a. /L ---0 .0) 1 NEI • 2S 1 I2A \ I. yO \x.... (I/4 SEC. CORL________L. x1 NORTH LINE JAMES H.HICKLIN D.L.C. NO.43–� �'AF \ 600 CO \ 15.55 Ac. 0J \No 700 - / �, 564c. - \gyp. \k \ \ \ \\ \ \ \- \ \ !y ,` - EAST 1006 M/L . +. \ s 1006.2' 401 o, \ i„ 8.8BAc. 0 N m. _ \, cc0 z \0 \ (!) • k 0 (853.2 M/L DEE, ,A __....-j , \ \ \ • \ 500 (n 4.50Ac. 13 R 1. BONITA '`NOAV SCHOOL \ S 50' \ 1 / 90o \ ,A . i//Ac O / S88°59'W \ WEST 731.4 S88°59'W 436.6' 230.3 + r`ea RI S. W. B0NITA., 709.- M. 392 88' 117.65 t ' 250 A0 0 0 801 O N 1901 /.53 Ac 35 Ac ° vNO NO10IAc _ e i m . cv ctct /O 117.65 o Li 4 N Z SEE MAP W Nm I t 190.13 E 4 111 2S 1 12B _ N89°52 381.4' X900 \\ 1900 po.90Ac 40 767At. ZS89°52'W 387.2 II`1' 1000 429.70 t T7 r I I 0 / C / L.. a.o ' 7ov n / I . /9 EL SW GO NZA, 4. SEE MAP 4.s... SEE 2S I IAC ''...,-„., 0 O Zp � ti S- rS O /O ko to .DO PP- ., 23 - 4 ,4 ' `totb2 AS . Ac S T. .. 0.6 by O •0f 1.7 (11 �c It Fb ':../o �••. %, SEE MAP z O r N \ w N.Ego " r� r0 y, 3s.w ',,/ `11'10/3 f 'PI S W VA R N S $T , , w saO � i� S p. I SF V' �� A- \\ /4 (.1j. f W AO \ \ ;2\ Fes. N89°51'30 E $W FIR ST --JJ ro 12 O O O- 26.8' 99 a 4 26.32 Ac. iI I OO . \ 2 /3.22 Ac. 2 S y - . \ •-,-• Y � \2c /° \ OO. W Z ON / \ \ • ,b w M ^ 9s \: S W CHERRY STREET N v • w- `N •\ /F� SEE MAP 2S I IDC ' 3o H) :: y o i. 1 pW ?> AN A- \ # q 4 V SOUTH LINE W. GRAHAM D.L.C. 39. COR.` �— c 3•.. ... : ti- 1 a9 1400 p 5 GOV LOT 6 6.4t)Ac.. i s aGOV.WIT 5 108LAc 4 2eo00 • V 1 'y0 O Spy elm \ + _ 'S •,...e.a.er:,'-Ati....,11), ...6:1•2. .F,lee7^: '. __��_\_�� \ \ 2 , { /0 / 67 o? 7 / ( A .5 / Oregon Land Title Association CONDITIONS AND STIPULATIONS Standard Coverage Policy Form TO 6008 OR R-4.63 208 (Includes those in the American Land Title Association-Owner's Policy-Standard Form B-1962) 1. DEFINITION OF TERMS title to said estate or interest is rejected as unmarketable, edness secured by such mortgage, except as provided in the Insured shall notify the Company thereof in writing. paragraph 2 hereof. The following terms when used in this policy mean: If such notice shall not be given to the Company within ten (e) When liability has been definitely fixed in accord- (a) "land": the land described, specifically or by refer- days of the receipt of process or pleadings or if the Insured ance with the conditions of this policy the loss or damage ence,in Schedule A and improvements affixed thereto which shall not, in writing, promptly notify the Company of any shall be payable within thirty days thereafter. by law constitute real property; defect,lien or encumbrance insured against which shall come (b) "public records": those records which impart con- to the knowledge of the Insured,or if the Insured shall not, 8. LIABILITY NONCUMULATIVE structive notice of matters relating to said land; in writing,promptly notify the Company of any such rejec- (c) "knowledge": actual knowledge, not constructive tion by reason of claimed unmarketability of title, then all It is expressly understood that the amount of this policy knowledge or notice which may be imputed to the Insured liability of the Company in regard to the subject matter of is reduced by any amount the Company may pay under any by reason of any public records; such action,proceeding or matter shall cease and terminate; policy insuring the validity or priority of any mortgage (d) "date": the effective date; provided, however, that failure to notify shall in no case shown or referred to in Schedule B hereof or any mortgage (e) "mortgage": mortgage, deed of trust, trust deed, or prejudice the claim of any Insured unless the Company hereafter executed by the Insured which is a charge or lien other security instrument; and shall be actually prejudiced by such failure and then only on the estate or interest described or referred to in Schedule (f) "insured": the party or parties named as Insured, to the extent of such prejudice. A,and the amount so paid shall be deemed a payment to the and if the owner of the indebtedness secured by a mortgage (c) The Company shall have the right at its own cost to Insured under this policy. The provisions of this paragraph shown in Schedule B is named as an Insured in Schedule A, institute and prosecute any action or proceeding or do any numbered 8 shall not apply to an Insured owner of an the Insured shall include (1) each successor in interest in other act which in its opinion may be necessary or desirable indebtedness secured by a mortgage shown in Schedule B ownership of such indebtedness, (2) any such owner who to establish the title of the estate or interest or the lien of unless such Insured acquires title to said estate or interest in acquires the estate or interest referred to in this policy by the mortgage as insured; and the Company may take any satisfaction of said indebtedness or any part thereof. foreclosure, trustee's sale, or other legal manner in satisfac- appropriate action under the terms of this policy whether tion of said indebtedness, and (3) any federal agency or or not it shall be liable thereunder and shall not thereby 9. COINSURANCE AND APPORTIONMENT instrumentality which is an insurer or guarantor under an concede liability or waive any provision of this policy. (a) In the event that a partial loss occurs after the Insured insurance contract or guaranty insuring or guaranteeing said (d) In all cases where this policy permits or requires makes an improvement subsequent to the date of this policy, indebtedness, or any part thereof, whether named as an the Company to prosecute or provide for the defense of and only in that event, the Insured becomes a coinsurer to Insured herein or not, subject otherwise to the provisions any action or proceeding, the Insured shall secure to it the the extent hereinafter set forth. hereof. right to so prosecute or provide defense in such action or If the cost of the improvement exceeds twenty per centum proceeding, and all appeals therein, and permit it to use, of the amount of this 2. BENEFITS AFTER ACQUISITION OF TITLE at its option, the name of the Insured for such purpose. policy, proportiononlyof any Whenever requested by the Company the Insured shall give partial loss established shhaallllbee borne by the Company as If an insured owner of the indebtedness secured by a one hundred twenty per centum of the amount of this policy the Company all reasonable aid in any such action or pro- mortgage described in Schedule B acquires said estate or bears to the sum of the amount of this policy and the amount interest, or any part thereof, by foreclosure, trustee's sale, ceeding,in effecting settlement,securing evidence,obtaining expended for the improvement. The foregoing provisions witnesses,or proscuting or defending such action or proceed- or other legal manner in satisfaction of said indebtedness, shall not apply to costs and attorneys' fees incurred by the or any part thereof,or if a federal agency or instrumentality ng, and the Company shall reimburse the Insured for any Company in prosecuting or providing for the defense of acquires said estate or interest, or anyexpense so incurred. part thereof, as a actions or proceedings in behalf of the Insured pursuant to consequence of an insurance contract or guaranty insuring the terms of this policy or to costs imposed on the Insured or guaranteeing the indebtedness secured by a mortgage 5. NOTICE OF LOSS—LIMITATION OF ACTION in such actions or proceedings, and shall apply only to that covered by this policy,or any part thereof, this policy shall In addition to the notices required under paragraph portion of losses which exceed in the aggregate ten per cent continue in force in favor of such Insured, agency or instru- 4(b), a statement in writing of any loss or damage for of the face of the policy. mentality, subject to all of the conditions and stipulations which it is claimed the Company is liable under this policy Provided, however, that the foregoing coinsurance provi- hereof. shall be furnished to the Company within sixty days after sions shall not apply to any loss arising out of a lien or such loss or damage shall have been determined and no encumbrance for a liquidated amount which existed on the 3. EXCLUSIONS FROM THE COVERAGE OF right of action shall accrue to the Insured under this policy date of this policy and was not shown in Schedule B; and THIS POLICY until thirty days after such statement shall have been fur- provided further,such coinsurance provisions shall not apply This policy does not insure against loss or damage by nished, and no recovery shall be had by the Insured under to any loss if,at the time of the occurrence of such loss,the reason of the following: this policy unless action shall be commenced thereon within then value of the premises, as so improved,does not exceed (a) Any law, ordinance or governmental regulation five years after expiration of said thirty day period. Failure one hundred twenty per centum of the amount of this policy. (including but not limited to building and zoning ordi- to furnish such statement of loss or damage, or to corn- (b) If the land described or referred to in Schedule A nances) restricting or regulating or prohibiting the occu- mence such action within the time hereinbefore specified, is divisible into separate and noncontiguous parcels, or if use or enjoyment of the land, or regulating the shall be a conclusive bar against maintenance by the Insured contiguous and such parcels are not used as one single site, pancy,teu,dimensions,or locationothof any, improvement now of any action under this policy. and a loss is established affecting one or more of said parcels characor hereafter erected on said land,or prohibiting a separation but not all,the loss shall be computed and settled on a pro in ownership or a reduction in the dimensions or area of 6. OPTION TO PAY, SETTLE OR COMPROMISE rata basis as if the face amount of the policy was divided pro rata as to the value on the date of this policy of each any lot or parcel of land. CLAIMS separate independent (b) Governmental rights of police power or eminent p parcel to the whole, exclusive of any domain unless notice of the exercise of such rights appears The Company shall have the option to pay or settle or unless liabilityents orvaluede shasnotherwt to ese beendate fa[heedis pulion in the public records at the date hereof. compromise for or in the name of the Insured any claim8 P (c) Title to any property beyond the lines of the land insured against or to pay the full amount of this policy,or, as to each such parcel by the Company and the Insured at expressly described in Schedule A or title to streets, roads, in case loss is claimed under this policy by the owner of the time of the issuance of this policy and shown by an avenues,lanes,ways or waterways on which such land abuts, the indebtedness secured by a mortgage covered by this express statement herein or by an endorsement attached or the right to maintain therein vaults, tunnels, ramps or policy, the Company shall have the option to purchase said hereto. any other structure or im rovement; or or ease- indebtedness; such purchase,payment or tender of payment an ri his P y g of the full amount of this policy, together with all costs, 10. SUBROGATION UPON PAYMENT OR ments therein unless this policy specifically provides that attorneys'fees and expenses which the Company is obligated SETTLEMENT such property, rights or easements are insured, except that hereunder to pay,shall terminate all liability of the Company if the land abuts upon one or more physically open streets Whenever the Company shall have settled a claim under or highways this policy insures the ordinary rights of abut- hereunder.In the event,after notice of claim has been given this policy, all right of subrogation shall vest in the Cour- ting owners for access to one of such streets or highways, to the Company toby the Insured,the Company offers to put- pany unaffected by any act of the Insured, and it shall be unless otherwise excepted or excluded herein. chase said indebtedness, the owner of such indebtedness subrogated to and be entitled to all rights and remedies (d) Defects,liens,encumbrances,adverse claims against shall transfer and assign said indebtedness and the mortgage which the Insured would have had against any person or the title as insured or other matters (1) created, suffered, securing the same to the Company upon payment of the property in respect to such claim had this policy not been assumed or agreed to by the Insured claiming loss or dam- Purchase price. issued.If the payment does not cover the loss of the Insured, age; or (2) known to the Insured Claimant either at the PAYMENT OF LOSS the Company shall be subrogated to such rights and reme- date of this policy or at the date such Insured Claimantdies in the proportion which said payment bears to the acquired an estate or interest insured by this policy and not (a) The liability of the Company under this policy shall amount of said loss. If loss should result from any act of shown by the public records, unless disclosure thereof in in no case exceed, in all,the actual loss of the Insured and the Insured, such act shall not void this policy, but the writing by the Insured shall have been made to the Company costs and attorneys' fees which the Company may be obli- Company, in that event, shall be required to pay only that prior to the date of this policy; or (3) resulting in no loss gated hereunder to pay. part of any losses insured against hereunder which shall to the Insured Claimant;or (4) attaching or created subse- (b) The Company will pay, in addition to any loss exceed the amount, if any, lost to the Company by reason quent to the date hereof. insured against by this policy, all costs imposed upon the of the impairment of the right of subrogation.The Insured, (e) Loss or damage which would not have been sus- Insured in litigation carried on by the Company for the if requested by the Company,shall transfer to the Company tamed if the Insured were a purchaser or encumbrancer for Insured, and all costs and attorneys' fees in litigation car- all rights and remedies against any person or property nec- value without knowledge. tied on by the Insured with the written authorization of essary in order to perfect such right of subrogation, and the Company. shall permit the Company to use the name of the Insured 4. DEFENSE AND PROSECUTION OF ACTIONS— (c) No claim for damages shall arise or be maintainable in any transaction or litigation involving such rights or NOTICE OF CLAIM TO BE GIVEN BY THE INSURED under this policy (1) if the Company,after having received remedies. notice of an alleged defect,lien or encumbrance not excepted If the Insured is the owner of the indebtedness secured (a) The Company, at its own cost and without undue or excluded herein removes such defect,lien or encumbrance by a mortgage covered by this policy, such Insured may delay shall provide (1) for the defense of the Insured in within a reasonable time after receipt of such notice,or (2) release or substitute the personal liability of any debtor or all litigation consisting of actions or proceedings commenced for liability voluntarily assumed by the Insured in settling guarantor, or extend or otherwise modify the terms of against the Insured,or defenses,restraining orders,or injunc- any claim or suit without written consent of the Company, payment,or release a portion of the estate or interest from tions interposed against a foreclosure or sale of the mortgage or (3) in the event the title is rejected as unmarketable the lien of the mortgage, or release any collateral security and indebtedness covered by this policy or a sale of the because of a defect, lien or encumbrance not excepted or for the indebtedness,provided such act does not result in any estate or interest in said land; or (2) for such action as excluded in this policy, until there has been a final deter- loss of priority of the lien of the mortgage. may be appropriate to establish the title of the estate or mination by a court of competent jurisdiction sustaining such interest or the lien of the mortgage as insured,which litiga- rejection. 11. POLICY ENTIRE CONTRACT tion or action in any of such events is founded upon an (d) All payments under this policy, except payments alleged defect, lien or encumbrance insured against by this made for costs, attorneys' fees and expenses, shall reduce Any action or actions or rights of action that the Insured policy,and may pursue any litigation to final determination the amount of the insurance pro tanto and no payment shall may have or may bring against the Company arising out of in the court of last resort. be made without producing this policy for endorsement of the status of the lien of the mortgage covered by this policy (b) In case any such action or proceeding shall be such payment unless the policy be lost or destroyed, in or the title of the estate or interest insured herein must be begun, or defense interposed, or in case knowledge shall which case proof of such loss or destruction shall be fur- based on the provisions of this policy. come to the Insured of any claim of title or interest which nished to the satisfaction of the Company; provided, how- No provision or condition of this policy can be waived is adverse to the title of the estate or interest or lien of the ever,if the owner of an indebtedness secured by a mortgage or changed except by writing endorsed hereon or attached mortgage as insured, or which might cause loss or damage shown in Schedule B is an Insured herein then such pay- hereto signed by the President, a Vice President, the Secre- for which the Company shall or may be liable by virtue ments shall not reduce pro tanto the amount of the insur- tary, an Assistant Secretary or other validating officer of of this policy, or if the Insured shall in good faith contract ante afforded hereunder as to such Insured, except to the the Company. to sell the indebtedness secured by a mortgage covered by extent that such payments reduce the amount of the indebt- this policy, or, if an Insured in good faith leases or con- edness secured by such mortgage. Payment in full by any 12. NOTICES, WHERE SENT tracts to sell,lease or mortgage the same,or if the successful person or voluntary satisfaction or release by the Insured All notices required to be given the Company and any bidder at a foreclosure sale under a mortgage covered by of a mortgage covered by this policy shall terminate all statement in writing required to be furnished the Company this policy refuses to purchase and in any such event the liability of the Company to the insured owner of the indebt- shall be addressed to it at the office which issued this policy.