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Home My WebLink About#696- Deed; ROW grant - From Murat-McKinley, Hickory, Logan-Project T6000(7), R&S 57Pi oneer National Title Insurance Company AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, PIONEER NATIONAL TITLE INSURANCE COMPANY (a Stock Company) .a California corporation, herein called the Company, in- sures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated iherein; 2. Any defect in or lien or encumbrance on such title„ 3. Lack of a right of access to and from the land; or 4. Unmarketability of such rifle; This policy shall not be valid or binding until countersigned below by a validating officer of the Company. In Ir/i/ness Whereof, Pioneer National Title Insurance Company has Caused its corporate name and seal to be hereunto affixed by its duty authorized officers as of the dare shown in Schedule A, the effective Date of this Policy. Pioneer National Title Insurance Company IJ"e nnd Crlr"'G."�lirin 226 Wtrsl Jcfforson LoutcvOrdl b, South Bend, Indiana A6601 zU PRESIDENT Countersigned: x. 1,'Wielaling Signatory vjce res,ident 9C 4 4qP . 1 SECRETARY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY —FORM B-1970 (AMENDED 10-17-70) 7 23534 SCHEDULE A Date of PolicyNo. C2 712 12387 PoficY J11-1-Y 37 1973 INSURVD CIVIL CITZ OF SOUTH BEND Amount $ 101000. 00 L "Title to to come or interest covered by this policy at the date hereof is vested in the insured, Fee Simple 3. The land referred to in this policy is located as the COLITIty Of St . Jo s etch State of Indiana and described as follows: Parcel I: Commencing at the South East corner of Section 5, Township 37 North Range 3 boas thc.-?nce due North along the East line of said Section 5 &'distance 01 53 feet;the nce due West 20 feet to the true.c.ap fbeinning; thence due North along a line 20 feet Vest ofrallel to said East line of 3ection 51 a distance of 150 feet; thence duo West 20 feet; thence due 6onth along a line 40 fect West of and parallel to said East line of Section 5, a distance of 150 feet: thence due East a distance of 20 feet to the true place of bcgng, all in the South East Quarter of the Muth East 4�uarter of 3ection 5, TownshiP 37 North, Range 3 East, F'Ortage Township, St. Joseph County, indiana. Parce2 10 Commencing at the South East COPAK Of SlctibA'51 Township 37 Northl Range 3 East; thence due North 40 feet along the East line of said Section 5; thence due West 20 feet to the true point of beginning; thence due North a distance of 513 feet along as line 20 feet West of and parallel to said East line of Section 5; thence due West 20 feet; thence due South 513 feet along as line 40 feet West of" air parallel to the East line of Section 5; thence due East 20—feat to he true Point of beginning, all in the South East Quarter of the South East Quarter of Section 5, Township 37 North, Rqnge 3 East, Portage Township St. Joseph County, Indiana. SCHEDULE B Policy No. C2 712 12387 This policy does not insure against loss or damage by reason of the following: 102, tlu alKi Sundud Exceptions: (a) Rights or claims of parties in possession not shown by the public records. (b) Easements, or claims of easements, not shown by the public records. (c) Encroachments:, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the: premises. (d) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Special Exceptions' L Taxes for the year 1973 due in Nay and November5 1974 and all subsequent taxes. 2. Restrictions contained in the warranty deed from Clarence W. Dockery and YArtha Dockery, husband and wife, to krmand Murat, Jr. and Dorothy Murat, husband and wife, dated March 271 1964 and recorded April 30, 1964 in Deed Record 650, page 476, as follows: "No part of the real estate herein conveyed shall be used by the Grantees their heirs, devi3eesl successors, and assigns for the purpose of carrying on or conducting the business of selling, handling, or dealing in gasoline5 kerosene, naptha, grease, lubricating oils, or any fuel to be used for heating, internal combustion or lubricants in any form. This restriction shall rerain in full force and effect fop a period of thirty (30) years from date of this deed.'' End of Schedule B. CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the time of such payment or tender of payment, by the insured claimant aInd authorized by the Company. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. (b) The Company will pay, in ad- dition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' zation of the Company, (c) When liability has been clefin- itely fixed in accordance with the con- ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintain. able under this policy (a) if the Com- pany, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes, the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeal,, therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof,, or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company, 8, REDUCTION OF LIABILITY All payments under this policy, ex- cep,t payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing inent unless the policy be lost or tie- stroyed, in which case proof of such loss or destruction shall be furnished to the satisfactiort of the Company. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com. pany may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by thi, policy, or (b) a mortgage hereafter exe- cuted by an insured which is a charge (it lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pa )_ inent under this policy. The Company shall have the option to apply to the P ay- ment of any such mortgages any amount that otherwise would be payable here- under to the insured owner of the estate or interest coveted by this policy and the amount so paid shall be deemed a pay- ment under this policy to said insured owner, 10. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of said parcels but not at], the loss shall be com- puted and settled on a pro rats basis as if the amount of insurance under this policy as divided pro, rato as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless it liability or value has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right ,of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be sub- rogated to and be entitled to all rights and remedies which such insured claim- ant would have had against any person or PF L :01 property in respect to such claim had this policy not been issued, and if re- quested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect Such right of subrogation and shall per- mit the Company to use the Dime of such insured claimant in any transaction or litigation involving such rights or rem- edjes" If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss, If loss should result from any act of such insured claimant, 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 subroga- tiori 12. LIABILITY LIMITED 70 THIS POLICY This instrument together with all en- dorsements and other instruments, if in),, attached hereto by the Company is the entire policy and contract between tile insured and the Compariv. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be re, stricted to the provisions and conditions, and stipulations of this policy. No, amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice -Presi- dent, the Secretary, an Assistant Secre- tary, or validating officer or authorized signatory of the Company. 13, NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall include the number of this policy and shall Department, 433 South Spring Street, Angeles, California 90013, Pioneer National Title Insurance Company HOME OFFICE 433 South Spring Street Los Angeles, California 90013 2,82 ....... ..... (CL� Tol 1690"PNTI (12-72) TI 0M R, 2 531�- POLICY OF TITLE INSURANCE am ISSUED BY 01 RA, ny Pioneer Nat'onal T'tle Insurance Compa AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, PIONEER NATIONAL TITLE INSURANCE COMPANY (a Stock Company), as Califorroa corporation, herein called the Company, in- sures, is of Date of Policy shown in Schedule A, against loss or darnage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees nand expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I, Title to the estate or interest described in Schedule A being ve5ced otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Uninarkerability of such title; This policy shall not be valid or binding until COUnrcrsigned below by a validating officer of the Company. I bi llviine,,ss W'hereof Pioneer National Title Insurance Company his caused its "'�, 1; corporate it. anie and scal to be hereunto at -fixed by its duly authorized officers as of the date shown in SchedUle A, the effective Date of this Policy. Pioneer National Title Insurance Company 226 WLsf Je.fierson Boulcvmd, by South Bend, Indiana A66()l PRESIDENT Anest Countersigne 1,-1 Vice 11resident IlWidating Signatory 9v, a &_ SECRETARY 2 60a, AMERICAN LAND TITLE A5SOCENDEDIATION 10-17-7OWNER0)'S POLICY -FORM B-1970 (AM