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HomeMy WebLinkAboutD-2003 Pollcy 1~. 7605591-45 PART II 1. General and special taxes for the fiscal year 1976-1977, a llen not yet payable. 2. An easement for utilities and incidental purposes as provided in the deed recorded JanUBJ:y 8, 1959 as Instrument NO. 2707. Affects. The tleeterly 6 feot. 3. A notice of proceedings for redevelopment of tblD Central Redevelopment Project Area of the City of Arcadia, under the provbion8 of the california Community 'Redevelopment Law, recorded December 28, 1973 a8 Instrument No. 4927, in Book 1-14557 Page 429, Official Record8. 4. The effact of the provi8ion8 of the redevelopment plan for the Central Redevelopment Project Area of the City of Arcadia a8 approved and adopted December 26, 1973 by the Cit:y eounoil of the City of Arcadia, by Ord1nanc:o 1\'0. 1490, IlIId recorded July 16, 1975 as Instrument NO. 3632, in !look NS065 Pago 1, Official ReClOrde. P-219-B (G.S.) Rev, 8.73 Calilornia Land Title Association Standard Coverage Policy-1973 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 following: PART I l. 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. 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, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the 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. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. 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 the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no lo!;s or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encum- brancer for value without knowledge. (Schedule B continued on next page of this Policy) SCHEDULE A / AmOunt of Insurance. $110,000.00 oate of Policy. OC1:ober 29, 1976 at 2.11 p.lII. Policy NO. 7605591-45 ChugA $324.19 1. NaIIIe of In.ured. CITY OF ARCADIA a Municipal corporation 11474 2. The estate or interest in the land de8<l:r:ibod her.in and whioh 18 covered by this pollcy 18. A Fee 3. The estate or interest referred to herein is at oate of Policy 'nlllted in. CITY OF ARCADIA, a Municipal C07:pOration 4. The land reterred to in this policy is situated in the state of Calitornia, COunty of LOs Angelos, antS doscribed as tollows. The Wellt 95.19 feet of LOt 30, 'l'raO't 3430, in the City ot Aroadia, as per map recorded in llook 42, Page 32 ot Mapa, in the oftice ot the county :RecOrder. CONDITIONS Al'ID STiPULA,TIONS, 1. Definition of T~rms The rollowin~ terms when used in this policy mean: (8) "insured": the insured named in Schedule A. and. subject to any rights or defenses the Company may have had against the named il1sured, those who succeed to the interest of such insured by operation of low as distinguished from purchase includin~. hut not limited to. heirs. dislrihulees, devisees, survivors. per. sonal representatives, next of kin, or cor- porate or fiduciary SUccessors. The term "insured" also includes (i) the owner of the indehtedness secured by the insured mort~np;e and each SUCcessor in ownership of such indebtedness (reserving, however, all rights and delenst=s as to any such successor who acquires the indebtedness by operation of law 8.s described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ij) Dny governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insurinJ;!: or guaranteeinp: said indebtedness, or any pllrt thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiminp; loss or damal;e hereunder. (c) "insured lender": the owner of an in.sured mortgap;e. (d) "insured mort~age": a mortga6e shown in Schedule n, the owner of which is named as an - insured in Schedule A. (e) "knl?wledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public retords. (f) "land": the land dese;ribed, spe. cifically or by reference in Schedule A, and 'improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any area excluded by Paragraph No. 6 of ~art I uf Schedul(: 1J, of this Policy. (p;) "mortgage": mortgage, deed of trust, I trust deed, or other security instru. ment. (h) "public records": those records which by law impart constructh'e notice of matters relating to the land. 2, (a) Continuation of Insurance after Acquisition of Title by Insured Lender If this policy insures the owner of the indebt,edness secured by the insured mort. gage, this policy shall continue in force as of Date of Policy in favor of such -in. sured who acquires all or any part of the estate or interest'lin the land descrihed in Schedule A by fQreclosure, trustee's sale, conveyance in lieu of foreclosure, or other lep;al manner which discharges the lien of the insured mortp;age, and if such insured is a corporaticlR, its transferee of the estate or interest S4 acquired, provided the transferee is the parent or wholly owned subsidiary of sl.1ch insured; and in favor of any J;!:overnmental a~ency or in- strumentality which acquires all or any part of the estate or Interest pursuant to a conlra!:t of insurance or guaranty in. surinA: or guaranteeing the indebtedness secured by the insured mortgage. After any such acquIsitIOn the amount of insur. ance hereunder, exclusive of costs, attor. neys' fees and expenses which the Company may he obli~ated to pay, shall not ex- ceed the least of: , (i) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid prin- cipal of the indebtedness plus interest thereon, as determined under paragraph 6(a) (Hi) hereof, expenses of foreclosure and amounts advanced to prqtect the lien of the insured mortga~e and secured hy said insured mortgage at the time of ac- quisition of such estate or interest in the land; or (Hi) the amount paid by any p;overn- mental agency or instrumentality, if suc!'! ap;ency or instrumentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insurance contract or /!;uaranty. (b) Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy, in favor of an insured so lonp; as'such insured retains an estate or interest in the land, or owns an indebtedness secured hy a purchase money mortgaj!;e /!;iven by a purchaser from such insured, or so long as such in- sured shall have liability by reason of covenants of warranty made by such in. sured in any transfer or conveyance of such esta~e or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the in- debtednes~ secured by a purchase money mortgage J;!:iven to such insured. 3, Defense and Prosecution of Ac- rions-Norice ot Claim to he Given by an Insured Clainumt (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation to the extent that such litigation involves an alleged defect, lien, encumbrance or other matter insured against by this policy. (b) The insured shall notify the Com- pany promptly in writing (i) in case of any litigation as set forth in (a) above, (ij) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgaj!;e, as insured, and which might - cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or in. terest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be .given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that fail- ure to notify shall in no cas,' prejudice the rights of any such insured under this policy unless the Company shall be pre- judiced by such failure andl then only to the extent of such' prejudice. (c) The Company s~ve the right at its own cost to institute and without undue delay prosecute any action or pro- ceedinJ;!: or to do any other act which in its opinIOn may be necessary or desir- able to establish the title to the estate or interest or the lien of the insured mOrt- p;age, as insured; and the Company may take any appropriate action, whether or not it shall he liable under the terms of this policy, and shall not thereby con. cede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or inrerposed a defense os required or permitted by the provisions of this policy, the Company may pursue any such Iitip;ation to final determination by a court of competent jurisdiction and expressly reserves the ri~ht, in its sole discretion, to appeal from any adverse judJ!;ment or order. (e) In all cases where this policy per. mits or requires the Company to frose- cute or provide for the def.ense 0 any action or proceeding, the insured here. under shall secure to the Company the riRht to so prosecute or provide defense in such action or proceedinl!, and all appeals therein, and permit the Company to use, at . its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall ,:;ive the Company, at the Company's expense, all reasonable aid (l) in any such action or proceed in,:; ih effectinR settlement, secur. inl!: evidence, obtaining witnesses, or prose- cutinJ!; or defending such' action or pro. ceeding, and (2) in any other act which in -the opinion of the Company may he necessary or desirable to establish the title to the estate or interest or the lien of the insured mortga~e, as insured, in- cluditl~ hut not limited to c.'I(ecuting Cor- rective or other documents. 4. ProoC of WllS or Damage - Lind. tation 'of Action In addition to the notices required un. der Paral!raph 3(b) of these Conditions and StipulatioRs, a proof of loss or dam- ap;e, sip;ned and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insu~ed claimant shall ascertain or determine' the facts p;iving rise to such loss or damap;e. Such proof of loss or damage shall de- scribe the defect in, or lien or encum- brance on the title, or other matter in. sured against by this policy which con- stitutes the basis of loss or dama!!e, and, when appropriate, state the basis of cal. culatinp; the amount of snch loss or dam- 8p;e. Should such proof of loss or damage fail to state facts sufficient to enahle the Company to determine its Iiahility here- under, insured claimant, at the written request of Company, shall furnish stich additional information as may rea:,onahly he necessary to make such determina:ion. No rip;ht of action shall accrue to in. sured claimant until 30 days after stich proof of loss or damaJ!;e shall Ilave been furnished. ' Failure to furnish such proof of loss or dama!!e shall terminate any Iiahility of the Company under this policy as to sueh los:, or damage. 5. Options to Payor Otherwise Settle Claims and Options to Pur- chase Indebtedness The Company shall ha\'e the option to (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) m SAFECO o4:<!. ;Z~ , ~ CLTA,I973 STANDARD COVERAGE POLICY OF TITLE INSURANCE issued by \ SAFECO TITLE INSURANCE COMPANY SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY. a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against 105s or da~age, 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 said insured by reason of: l. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or en<;:umbran.ce on such title; 3. Unmarketahility of such title; or 4. Any lack of the ordinary right of an abulting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in llddition, as to an insured lender only: 5. Invalidity 'of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; G. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7, IllYalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. ~J~~ ~. Secretary "......,"",,\\\\ $""~SUR4 III) .:.. \ ........ "',.. Ill/ -....".. '. ,.;. I ;::~....' '.r " ::;~. '.r ~ ff"l,,,t\\\\P 0 RA TE/}" 0 ~ ~O:" \'3:~ ~,-,' -.- . ~ ~....: 16 :-a~ ~~"':"ARCH, 5, \~'iJ'I.'::i Ilt..r.. ...~5 ". . w - f11tf... .' T- III\\CAim:;'''''~$E \\\\,'\"",......--~ 11/ # r1(eid. President '" An Authorized Signature P.218 (G.S.l Rev, 8.73 MARK H. BLOODGOOD AUOITOR.CONTA,OL.L.ER COUNTY OF LOS ANGELES / AUDITOR-CONTROLLER - TAX DIVISION R E e E i V t:: D 153 HALL OF ADMINISTRATION, LOS ANGELES, CAL. 90012 (213) 974,8361 February 3, 1977 THOMAS J. KOZLOWSKI DANIEL O. IKEMOTO ASSISTANT AUDITOR.CONTROL.L.ERS City of Arcadia 240 West Huntington Drive Arcadia, California 91006 Attention: Charles J. Liberto City Attorney SlJHJ]X:T: West 95.19 feet of Lot 30, of Tract 3430 acquired from N. Chistian/Sally S. Datwyler, husband and wife. Gentlemen: Pursuant to your letter dated December 10, 1976 taxes have been cancelled in accordance with section 4986 of the Revenue, and Taxation Code. This cancel- lation was ordered by the Honorable Board of Super- visors December 29, 1976 by Authorization No. 43047 Very truly yours, MARK H. BLOOOOOOD Auditor-Controller ~~~ By Edward Guerrero, Chief Tax Division m/~/kk Tax Div. H-6 #C-11 5/76 (\ j.. 0 () ,;."" ~ 0:::_ ~ FEi3 7, 1977 CITY OF ARCADIA CITY ATT("~NEY EDWARD GUERRE'RO. CHIEF TAX DIVISION /<t)I.....CJO~ December 10, 1976 '" Mr. Edward Guerrero, Chief Tax Division, Auditor-Controller 500 We.t Telll>le Street, IlQom 153 Loa Angele., California 90012 Attention: Thelma Crutchfield Tax Cancellation Seotion SUBJECT : REQUEST POR CANCELLATION OP TAXES West t5.l9 feet of Lot 30, of Tract 3430 acquired from N. Christian/Sally S. Datwyler, hu.band ~d wife Dear Mr. Guerrero: Plea.. oanoel a. of the date of r.~ording all tax.. on the property d..oribed in the attaohed copy of Deed. This property is being aoquired by the City of Arcadia for park purpo.... Th,re are DO buildinq. on the property. Very truly yours, CBARLBS J. LIBERTO City Attorney CJL:zo Attachment co: Ci ty Clerk j , ;, .f '~ ,i' .. " " , . " " ,"" BK07300pc386 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed or transferred to the City of Arc~dia, a Municipal Corporation, by the deed, grant, conveyance or instrument dated October 13, 1976 , from or executed by N, CHRISTIAN DATWYLER AND SALLY S, DATWYLER , is hereby accepted by the City of Arcadia by the order or authorization ,of the City Council of the City of A!cadia, contained' in Resolution No, 2963, adopted January 21, '1958, and , recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 306~ in Book 56448, Page 264, Official Records of Los Angeles i and the City of Arcadia consents to the recordation thereof by its duly a officers'. " thus described is hereby approved as City Manager adi 1I ~ City Engineer The , RECpROING REQUESTED BY 1 5543 Bf07300pc3~5 ~! r~ RlCOROS I \1'1 otF1C1M-Ut>l'f'/. C'" I Rl~R~~ p.tlGl~lS c~Cl 29 '\976 1 1'1 Z P.tA. I 1.1. ~~1 . I dllt'S O<<\CIl ~ecot AND WH.N l't~COADED MAIL TO I Nome City Clerk P.O. Box 60 Arcadia, CA 91006 I Str..' Add,.." City & 510" L -.J MAil TAX STATEMENTS TO I I Name 5',.., Addr." City of Arcadia City & StoleL .J SPACE ABOVE THIS LINE FOR RECORDER'S USE , Individual Grant Deed lEREE '2.--C-l THIS FORM FURNISHED BY TICOR TITLE INSURERS A..P.N. TO 1923 C'" (fl.741 hereby CRANT(S) to I I I I I I I I I i I I I I I I I I I I ~~ U I I The undersigned grantor(s) dec~ Documentary transfer tax is $ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of li~~~s remaining at time of sale. ( ) Unincorporated area: (I() City of and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, N. CHRISTIAN DATWYLER AND SALLY S. DATWYLER, husband and wife the CITY OF ARCADIA, a Municipal Corporation ,"-, the following described real property in the County of Los Angeles City of Arcadia , State of California: The West 95.19 feet of Lot 30, of Tract 3430, as per map recorded in, Book 42, Page 32 of Maps, in the office of the County Recorder of said County. ../ ~, Free recording requested under Gov. Code 6103. Document necessary due to City acquiring' title. ~ , , (, Dated October 13, ]976 STATE OF CALIFORNIA } COUNTY OF Los Angeles 55. On (fJ(llll.().JIJ , i?:', Iq-r~ befn,e me.. t,h,. und", :1:i.gncu- a NOlluoY Public in aid for said Slall;'ll!:f!'J.lIlIlIh:\'ppeat,t'rl N. Chr1st~an Datwy er and SaL y ~. DacWYLer . known to me are subscribed to the within they executed the same. ~ 10 be the pcrs()n~whose namf' S inslrument Ilnd acknowledged that WITNESS my hand and official seal. Cltiw ::t'. Jaj-h Ifu U '- -rliFT .- OFFICIAL SEAL ALICE L. TAFT NOTARY PUBLIC . CALIFORN!A PRINCIPAL OFFICE IN ro~~ LOS ANGELES COUNTY My Commission Expires June 26, 1918 J Signature .' '" f (TIII~ 111'11 IUI ,,"kill I noun,11 M'II) ", Title Order No, Escrow or Loan ~o. "7 ~Cl.JF}l1 -.$<iT MAil TAX STATEMENTS AS DIRECTED ABOVE ~ , I !~~ >- >" '" co. Q W'" t= i3 '" '" ;f; :I:, U, Z i ~I 1.21 u' e".. Uj, a, . TITLE INSURANCE AND TRUST A T1COR COMPANY Individual Grant Deed {I TITLE INSURANCE AND TRUST A TICOR COMPANY COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL ~. ",. ~..I"" " .,~ " Individual Grant Deed {I TITLE INSURANCE AND TRUST A TICOR COMPANY COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL , , ~'.'. ~~'.. 4", ..-.. . , TITLE INSURANCE AND TRUST A T1COR COMPANY " CONDITIONS AND STIPULATIONS (Continued and Concluded From. Reverse Side of Policy Face) payor otherwise seule for or in the name of an insured claimant any claim insured ap;ainst, or to terminate all liability and obli~ations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy hy, the owner of the indebtedne!lg secured by the insured mortg:ap;e, the Company shall have the further option to purchase such indebted. ness (or the amount owing thereon to. gelher with all costs, attornc)..s' fees and eIpenses which the Company is obligated hereunder to pay. 1f the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assi~n said indebtedness and the mort~a~e and any collateral se- curing the same to the Company upon payment therefor as herein provided. Upon such offer hc;in~ made by the Company, all liability and ohli~ations of the Com- pany hereunder to the owner of the in. debtedness secured by said insured mort- ~aJ?:e, other than the obligation to. pur- chase said indebtedness pursuant to this parn~raph, are terminated. ! 6. Determination and Payment of Lo.. (a) The liability of the Company under this policy shall in no case eIceed the least of: 0) the actual loss of the insured claimant; or (ii) the amount of insur~'nce stated in Schedule A, or, if applicable, the amount of insurance as defined in para. ~raph 2(a) hereof; or (iii) if this policy insures the owner of the indebtedness secured by the insured mort~age, and provided said owner is the insured claimant, the amount of the un- paid principal of said indebtedness, plus interest thereon, provided such amount shall not include any additional principal- indebtedness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured therehy. (h) The Company will pay, in ad. dition to any loss insured against by this policr, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in liti~ation carried on by such insured with the written author- ization of the Company. (c) When the amount of loss or dam. a~e has been definitely fixed in accor. dance with the conditions of this policy, the loss or damage shall be payable with. in 30 days thereafter. 7. Limitation of Liability No claim shall arise or be maintainahle under this policy (a) if the Company, alter having received notice of an alleged defect, lien or encumbrance insured a~ainst hereunder, by litiA:8tion or other. wise, removes such defect, lien or encum. brance or establishes the title, or the lien of the insured mortA:ap;e, as insured, with. in a reasonahle time after receipt of such P.218 (G,S.) Rev. 8.'13 notice; (b) in the event of Iiti<<ation ulltil there has heen a final determination by a court of competent jurisdiction, .and disposition of all appeals therefrom, ad. verse to the title or to the lien of the in- sured mortj::;age, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Compan}'. 8. Reduction of Insurance; Termin- ation of Liability All payments under this policy, except payment made for costs, attomeys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, how. ever, if the owner of the indebtedness secured by the insured mortga~e is an in. sured hereunder, then such payments, prior to the acquisition of title to said estate or interest as provided in para~raph 2(a) of these Conditions and Stipulations, shall not. reduce pro tanto the amount of the insurance afforded hereunder as to any such insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortga~e. Payment in full by any person or vol. untary satisfaction or release of the in- sured mortp;aJl:e shall terminate all liabil- ity of the Company to an insured owner of the indebtedness secured by the insured mort~ap;e, except as provided in paragraph 2(8) hereof._ 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy, as to the insured owner of the estate or interest covered lIy this poHcy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mort~ap;e shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortJ!;ap;e hereafter executed by an insured which is a charp:e or lien on the estate Or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mort. p;ap;e any amount that otherwise would he payable hereunder to the insure<l owner of the estate or interest co\'ered by this policy and the amount so paid shall be deemed a paymenl under this policy to said insured owner. The provisions of this paraJ!;raph 9 shall not apply to nn owner of the indebtedness secured by the insured mortgap:e, unl~s such insured acquires title to said estate or interest in sath:Jartion of said indebt- edness or any part thereof. 10. Subro"alion Upon Payment or Settlemenl Whenever the Company shall have paid or settled a claim under this policy, all right of suhrogation shall vest in the Com. pany unaffected by any act of the insured claimant. c'(cepl thai the owner of the in. debtedness se{:lIred Ity the insured mort. l!age may release or substitute the per- sonal liability of any dehtor or j!uarantor, or extend or otherwl~e modify the terms of payment, or release a portion of the estate or interest from the lien of the I insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior 10 receipt by' such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priorily of the lien of the insured mort~ap;e and does not result in any loss of priority of the lien of the insured mortgage. The Company shall be subro~ated to and he entitled to all i-ights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is hereby authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Company.- If requested by the Company, the insured shall execute any and all documen'ts to evidence the within subro~ation. If the payment does not cover the loss of I such insured claimant, the Company shall be subrop;ated to such rip:hts and remedies in the proportion which said payment bears to the amount of said loss, but such suhro~ation shall be in subordination to an insured mortgage. Jf loss should result from any act of such insured claimant, such act shall not void this policy; hut the Company, in that" event, shall as to I stich insured c1aima~t he 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. \ II. Liubility Limited to this Policy This instrument together with - all en. dorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between' the insured and the Company. I Anr claim of loss or damage, whether or not based on ne~1igence, and which arises oul of the status of the lien of the insured mortp;a~e or of the title to the estate or interest covered hereby, or any action assertinp; such claim, shall be reo stricted to the provisions and conditions and stipulations of this policy. I No amendment of or endorsement to this policy can he made e'Xcept by writin~ en. dorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary. an Assistant Secretary, or va)idatin~ officer or authorized signatory of the Company. No parment shall be made without pro' ducing this policy for endorsement of 'such payment unless the policy he lost or de. strayed, in which case proof of such I loss or destruction shall he furnished to the satisfaction of the Company. 12. Notices, Where Sent All notices required to be ~iven the Company and any statement in writing required to be furnished the Company shall he addressed to it at the office which isslled this policy or to its Home Office, 13610 Rosroe Boulevard, Panorama City, California 91409. I 13, THE CHARGE SPECIFIED I IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE, ' SAFECO TITLE INSURANCE COMPANY , , , , \' POLICY OF . , , TITLE , , .INSURANCE, @]. SAFECO SAFECO TITLE INSURANCE COMPANY HOME OFFICE 13640 ROSCOE BOULEVARD PANORAMA CITY, CALIFORNIA 91409 SAFECO TITLE INSURANCE COMPANY