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HomeMy WebLinkAboutD-1821 C' " ., " . CERTIFICATE OF ACCEPTANCE ~~ 05299rG 33 This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a municipal corporation, by the deed, grant, conveyance or instrument dated August 3, 1971 , from or executed by Bennv Joseph and Paula J. Joseph , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia 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. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authorized officers. ~ tf. h'/;$-. ~ifMaD.ager The document thus described is hereby c5 ,.... ~71.~ City Engineer approved as to fom. ~~ey CITY OF ARCADIA 701 0- If;2) "NO W"ItN A!;COADI!:D "'AIL TO RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY. CALIF. OR SECURITY TITLE INSURANCE CO. DEe 24 1971 AT 8:01 A.M. Registrar.Recorder I Nam. City Clerk $tr..t P.O. Box 60 Addrllll City & Arcadia, Calif. Stale L MAll TAll STATEMENTS TO I City of Arcadia Noma SlrH' Addrall City & Slat. L 1 -.l SPACE ABOVE THIS LINE FOR RECORDER'S USE I DOCUMENTARY TRANSFER TAX $.......tI~...................................... _..5l:::COMPUTED ON FULL VALUE OF PROPERTY CONVEYED. _OR COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE. , .---, . C'>< Signature of Declara t or Agent determining t x. Firm Nome --.J I Grant Deed I FREE .1. E I TO 40'.1 CA (1.70) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BENNY JOSEPH and PAULA J. JOSEPH hereby GRANT(i\} 10 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 westerly 10 feet of Lot 2 of Block 83 of Arcadia Santa Anita Tract, in the City of Arcadia, As per map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records of said County. ~ree recording requested under un . COde 6103 D . ocument ~;~~:~ary due to City acquiring On }SS. before me. the under- Stale, personally appeared ~ ~ ~W' 0 ep pa~JO~p~ Dated (/ <<-J .. =? ./9 7 / , .. , . known to me to be the personS-whose namp C s:l'l"'O subscribed to the within instrument and acknowledged that t-hoy executed the same. WITNESS my hand and official seal. n S;gnalure ~p~.(> I!: )fh'7A~ Name (Typed or Printed) Ai'.~' 'IA,X~""<" '1(;':'- ~j, ~:;~~.., \,\~~i.l ~~ ,1 \ ~!f"~' I t~/ ;''V'' OFFICIAL SEAL FLORENCE E. NEERGARO NOTARY PUBLIC. CALIFORNIA LOS ANGELES COUNTY MyCommission ExpiresMar.4, 1972 ~~ >- ,.. lD lD Z Cl ILl ILl !:: G 0: ILl ;; 5. :Z o"".} ;::0 ~~ u <f) ILl Cl P. O. Box 60, ArcadIa, Calif. ,:\ (Tllh Bll'.! fot nml'lal notarIal beal) Title Order No. Escrow or Loan No. MAil TAX STATEMENTS AS DIRECTED ABOVE QJ 7 ,..." ~ 7/;). CITY OF ARCADIA 700 -"'hJUI In" f 0 AND WHEN RECORDED MAIL TO Ham_ I City of Arcadia, P.O. Box 60, Arcadia, Calif. L 1 Engineering iv. RECOROED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF. R SECURITY TITLE INSURANCE co. DEe 24 1971 AT 8:01 A.M. Registrar.Recorder St,..t Addr... City & Stote 91006 -.J TITLE ORDER NO. TITLE OFFICER SPACE ABOVE THIS LINE FOR RECORDER'S USE TO"31 1 C PARTIAL RECONVEYANCE FREE 1 E TITLE INSURANCE AND TRUST COMPANY, a corporation, of Los Angeles, California, as duly appointed Trustee under the Deed of Trust hereinafter referred to, having received from Beneficiary thereunder a written request to reconvey, in accordance with the terms of said Deed of Trust, all estate now held by said Trustee under said Deed of Trust in and to the hereinafter described property, said Beneficiary having presented said Deed of Trust and note or notes secured thereby for lndorsement-said Deed of Trust having been executed by RF.NNY JOSEPH AND PAULA J. and recorded in the Official Records of JOSEPH Los An~s , Trustor, County, California, as follows: Date .T1l1 ~r 1 h, 1971 .s Instr. No. 1 004 in Book T71 1 0 Page 795 i Now, Therefore, in accordance with said request and the provisions of said Deed of Trust, TITLE INSURANCE AND TRUST COMPANY, as Trustee, does hereby RECONVEY, without warranty, to THE PERSON OR PERSONS LEGALLY ENTITLED THERETO, all eslate now held by it thereunder in and to that property situated in said county, state of California, described as fonows: The westerly 10 feet of Lot 2 of Block 83 of Arcadia Santa Anita Tract, in the City of Arcadia, as per map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records of said County. Free recording requested under Go.. Code 6103. Document necessary due to City acquiring . ti tle. The remaIning property described in said Deed of Trust shall continue to be held by said Truslee under the terms thereof. As provided in said Deed of Trust, this Partial Reconveyance is made without affecting the personal liability of any person for payment of the indebtedness secured by said Deed of Trust. In Witness Whereof, TITLE INSURANCE AND TRUST COMPANY, as Trustee, has caused its corporate name and seal to be hereto affixed by its Assistant Secretary, thereunto duly authorized. Dated November 8. 1971 R-335957 By STATE OF CALIFORNIA. } COUNTY OF Los Angeles 55. 0,. November 8. lq71 before me, the undersigned, a Notary Public in and for said State, personally appeare,1 R. E. Mere r known to me to be an Assistant Secretary of "-.J TITLE INSURANCE AND TRUST COMPANY. the corporation that executed the foregoing instrument as such Trustee, and 0 known to me to be the person who executed said instrument on behalf of the corporation therein named, and acknowledged to <:::> me that such corporation executed the same as such Trustee. WITNESS ~ ollicial seal. . ;Q SignatUT"> - ~ ' -) Q ~~} ornClA1. S91- =~,;. ~A~B,~;~~~:~2Jo~1\ '. ~'~ PRINCiP.,,-L OFfICE ltt , , ;'~, LOS ANGELES couN'f't My Commission Expires Jan. 9, 1974 (Thi~ area for official ~"tarlal ~'all ()) Name (Typed or Printed) "} tr?J 3 7/'..3 MARK H. BL.OODGOOD AUDITOR.CONTR01.1.ER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR.CONTROllER 1153 HAL.L. OF ADMINISTRATION L.OS ANGEL.ES. CAL.IFORNIA 90012 62B~3611 December 4, 1972 City of Arcadia 250 West Huntington Drive Arcadia, California 9006 Attention: Robert D. Ogle, City Attorney Re: First Avenue Parcel No. 14 Gentlemen: Pursuant to your letter dated January 11, 1972, taxes have been cancelled in accordance with SAction 4986 of the Revenue and Taxation Code. Tb~s cancel- lation was ordered by the Honorable Board "f Super- visors April 18, 1972, by Authorization No. 27982. Very truly yours, MARK H. BLOODGOOD, Auditor-C<>ntroller "i':-'-,"(' /. ..;' '''''(""/.',1 .... ,.;.-:..' J ,.' / l: ....\_.( By Edward Guerrero, Chi"f, Tax Division EG;MG/tc ~ ~ Pa-u...Lo- :J. ~ ';/...&'C ~ ~ <l3~ ~ ~cu 6'~.rc.v ~Ld-.- Tax Div. #C-11 8/72 12/),1:./ ROBERT A. GILL. CHIEP DIEPUTY E. GUERRERO CHIE.... TAX DIVISION RECEIVED "'I="" 1oI~1. G iSn CITY Of J-It,rt....Au:..... ern: ATT.ORNE't: January 11, 1972 Mr. Mark H. Bloodgood, Auditor-Controller 500 West TOQple Streot, Room 153 Los Angeles, California 90012 Attention: Tax Cancellation Section Dear Mr. Bloodgood: Subject: Request for Cancellation of Taxes First Avenue Parcel No. 14 Plesse cuncel as of the date of recording all taxes on the property described in the enclosed copy of deed. This property is part of a larger parcel acquired for street widening purposes. There 1s no building on it. Very truly yours, ROBERT D. OGLE City Attorney RDO:at Enclosure / cc I City Clerk V Benny and Paula J. Joseph CONDITIONS AND STIPULATIONS 1. Definition of Terms The {ollowing termS when used in this policy mean: (8) "land": the land described, spe- cifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive notice of mal- ters relating to said land; (c) "knowledge": actual knowledge, not constructive knowled~e or notice which may he imputed to the Insured by reason of any public records; (d) "date": the etfecti\'e date; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instru- ments; and (0 "insured": the party or parties named as Insured, and if the owner of the indehtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedul6 A, the Insured shall include (I) each s\lccessor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by fore- closure, trustee's sale, or other legal man- ner in satisfaction of said indebtedness. and (3) any federal agency or instrumen- tality which is an insurer or guarantor under an insurance contract or ~uaranty insurin~ or ~uaranteeing said indebtedness, or any part thereof, whether named as an Insured herein or not, subject other- wise to the provisions hereof. 2. Benefits after Acquisition of Title If an insured owner of the indebtedness secured by a mortgage described in Sched, ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires suid estattl or interest, or any part thereof, as a consequence of an in- surance contract or guaranty insuring or guaranteein~ the indebtedness secured by a mortgage co\'ered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, ag:ency or instrumentality, subject to. all of the con- ditions and stipulations hereof. 3, Exclusions from the Coverage of this Policy This policy does flot insure against loss or dumag:e by reason of the following: (a) Any law, Drdinance or govern- mental regulation (including hut not limo ited to building and zoning ordinances) restricting or regulating or prohibiling the occupancy, use or enjoymenl of the land, or regulating the character, dimensions, or location of uny improvement now or here- after 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. (h) Governmental rights of pol~ce power or eminent domain unless notlce of the exercise of such rights appears in the puhlic records at the date hereof. (c) Tille to any property beyond the lines of the land expressly described in Schedule A, or title to streets, roads, avenues, lanes, ways Or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement: 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 rights of almttinp; owners for access to one of such streets or highways, unless otherwise ex. cepted or excluded herein. (d) Defects, liens, encumbrances. ad. verse claims against the title as insured or other matters (1) created, suffered, as. sumed or agreed to by the Insured claim- ing loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claim- ant acquired an estate or interest insured by this poliey and not shown by the puhlic records, unle~s disclosure thereof in writ- ing by the Insured shall have heen made to the Company prior to the dale of Ihis policy: or (~) resultin~ in no loss to the Insured Claimant: or' (4) attaching or created suhsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value without knowledge. (0 Any "consumer credit protection", "truth in lending" or similar law. 4. Defense and Prosecution of Ac- tions - Notice of Claim to be Gh'en by the Insured (a) The Company, at its own cost and without undue delay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings com. cenced against the Insured, or defenses, restrnining orders, or injunctions inter- po!>ed against a foreclosure or sale of the mortgage and indebtedness covered by this policy or a sule of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mortg:age as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encum. brance insured against by this policy, and may pursue any litigation to final determ. ination in the court of last resort. (b) In case any such action or pro. ceeding shall be begun, or defense inter- posed, or in case knowledge shall come to the Ihsured of any claims of litle or in. terest which is adverse to the title of the estate or interest or lien of the mortp;uge as insured, or which might cause loss or damage for which the Company shall or may he liable hy virtue of this policy, or if the Insured shull in good faith contract to sell the indehtedness secured hy 0 mort. gage covered hy this policy, or, if an Insured in good fuith leases or contracts 10 sell, lea~e or morlgoge the same, or if the successful hidder at a foreclosure sale under a mortgage covered hy this policy refuses to pUlchase and in any such event the title to said estate or ill' terest is I ejected us unmarketahle, the Insured shall notify the Company thereof in writin~, If such notice shall not be ~iven to the Company wilhin ten Jays of the receipt of process or pleadinf!;s or if the Insured shall not, in wrilinf!;, prompt:y notify the Company of any defect, lien or encumbrance insured af!;ainst whic-h shall come to the knowled~e of the In. sured, or if the Insured shall nOI, in writing, promptly notify the Company of any such rejection hy reason of claimed unmarketahility of title, then all liaJ)ility of the Com puny in regard to the suhject matter of such action, proceeding or matter shall cease and terminate: pro- vided, however, that failure to notih. shall in no case prejudice the claim o'f any Insured unless the Com puny shall he actually prejudiced hy such foilun: and then only to the exlent of snch prejudice. (e) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act whIch in its opinion may he necessary or desirable to estahlish the title of the estate or interest or the lien of the morl- gage as insured: and the Company may take any appropriate action under the terms of this policy whether or 1I0t it shall he liahle thereunder and shall nol thereby concede liability or wai\'t~ any provision of this policy. (d) III all cuses where this policy permits or requires the Company to pros. ecJlte or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide defense in such action or pro- ceedinp;, and all up peals therein, and per. mit it to use, at its option, the name of the Insured for such purpose, Whenever (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) ~ ~J>..v Vif~'" -1~~ CLTA-1963 AMENDED 1969 STANDARD COVERAGE POLICY OF TITLE INSURANCE issued hy SECURITY TITLE INSURANCE COMPANY Security Title Insurance Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures 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 consolo idation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule A, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; 0' 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, hut only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however, to the provisions of Schedules A and R and to the Conditions and Stipulations hereto annexed. In Witness Whereof, Security Title Insurance Company has caused its corporate name and seal to be hereunto affix~d by its duly authorized officers on the date shown in Schedule A. &~<L ~. Secretary ~~""',\.\\\\ ff~\~~.Y.~4'~\111 ~~~.... ...~ II/ ffA.:. .. ...C ~I, ~....:""t\\\\PORATED..o ~ ~"".\\' ."'~ %_. .~#I. ~_. -.- .,,~ ~_. \ .,1:.~ ~~\A!ARCH 5 \~~ .:....f ~"-?.t... " ..::5" 1/\II""'"n.. .. ,,-~ //\1 . . .. _ , .... ..':: "\\\\fii.i;o"i.\\\~f a \\\\\"'" ...' -. An Authorized :'/1!'Ufr President P.219 (G S.) .5-',",0 I...",.rte. c....PMY of ......."u. "-11111_ T,.*",-", _ Standard Coverage Polley t d"rm Copyright 1963 SCHEDULE A Effective Date: Amount of liability: S 2,000.00 December 24, 1971 at 8:01 A.M. Policy No: Premium S 7003783 40.00 INSURED CITY OF ARCADIA, a Municipal Corporation 1. The estate or interest in the land described or referred to III this schedule covered by this policy IS: A fee 2. Tille to the estate or interest covered by this policy at the date hereof is ve~ted in: CITY OF ARCADIA I a Municipal Corporation :1. The land referred 10 in this policy is situated in the Slale of California. County of and is described as follows: Los Angeles The Westerly 10 feet of Lot 2 of Block 83 of Arcadia Santa Anita Tract, in the City of Arcadia, as per map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records of said Coun ty. . Copy-r~ghl 1963 ." SCHEDULE R This policy does nol insure against )Oi''' or damage by rea:-on of lhe following: PAIlT I 1. Taxes or assessments which are not shown as e:\J~tlll~ liell~ hy the records of any (uxint! uuthority that levies laxes or assessments on real property or by the puhlic records. 2. Any faels, rights, inlere~ts. or claims \\ hich are nol sho\\ n hy the public record~ but \\ hich coult) he as('erlained hy an inspection of said land or by making inquiry of persons in possession thereof. ;-L Easements. claims of easement or encumbrances whil'h are not ~howll hy the public record~. .1. Discrepancies, conflicts in boundary lines. ~horla~e ill area. cnt'loachmenb.. or allY olher fact:, which a correct SUf\'CY would disclose, and which are not ~howll by the puhli(' rccord.... 5. Unpatented mining claims; rc:,er\'ations or e:\ceptiolls ill patl'nt:- or ill At'/:. authorizing the i:-::-lIallce thereof; water rights. claims or title to waleI'. PAIlT II 1. General and special County and City taxes for the fiscal year 1971-1972 including personal property taxes, if any: Total $590.83 First installment 295.42 Personal property taxes: None Penalty 17.72 Second installment 295.41 Affects this and other property . '1- J.IO ~< J~ 60 I bloc ks 81 and 83 AQCAD/A book 15 Paqes 89 and 90 of Misc. Rec. .A/~o (B'NK 34 pajt:..., 4/ ant?' 42 ",.. H,.Jc:.. R'-c.) -.J l,iJ Lorena A ve COLORADO lJL VD. 50 <: .<> C) '" I L_ 60 ~I...J -, ); '<:C ~ ~ Ir) 60 Pl.P/. THIS IS NOT A SURVEY OF THE LAND RuT IS CO.',lPILED FOR INFORMATION ONL y FROM D~TA SHOWN BY OFFICIAL RECORDS. L:r-: .?l Slit;:"] //;u/c J1IU:i/) . <> '<> 14t 50 50 50 50 50 50 50 .50 - .,0 50 sn 50 '. -':' /::...',;, ~~ 36 . ~~ " '2/ " 33 32 3/ 30 29 28 27 26 25 24 2.3 22 ,. :~ _h , 1'5 '. '" 35 ",..., II)\, '20' ( " ..'0 . , ,;-'''> "'. ..:.~ , ~ ; , '.-)4") 19.1''... . i!l 34 /45 ~ 50 , ~;;.., Zf "n 50 50 50 50 50 50 50 50 5n :~f.1.5 -<,' Cl ;- '<> /45 ~ 50 50 50 50 50 5'0' '50 50 50 50 50 50 ~/1:5 /8 '<, .., 3 .n ::< i;l..., ,<, ~ '.: <, C},J _I~ ~Q 17 ~ <>..., '<)~ ',<> I i/45 <> 4 5 6 7 8 9 10 /I /2 13. 14 15 $) /115 /6 ~ Co '<> 50 50 50 50 50 50 ,:;0 50 50 50 50 50 ... J60 ~ " J '" ~ 5T. LA PoraE 51 36 145 ~ 50 50 50 60 50 !Jo 50 50 50 60 50 50 145 '" ,';i 2/ ,~ '-~35 ...,33~32 31 30 29 28 Z7 26 25 24 23 22 '0 20 '<> ~ ,<>' '0'" '" --<> '", 34 '<> '" '!? 'C 59, -10 "'" /9 ." , '<> 145 '" 50'" 50 50 50 50 50 50 50 50 501'{)/45 ", Iii ~ '" 3 /45 '<> 50 50 50 5(1 5" I.?o' 50 50 50 150 50 I~ /45 18 'c, '<> '<i <> 50 '<> " 2 :Q :t: /7 '" '<> <, 'c, .,., '<) 4 5 6 7 8 9 10 1/ 12 /3 /4 /5 "' '., Q I <> 50 150 .?, /15/6 c 145 ~ 50 50 50 50 Xl 5C 50 50 50 50 .~ C) '" JOSEPf7 5T 5T. CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) requested by the Company the Insured shall give the Co~pany all rea~onab~e aid in any' such actIOn or proceedmg, In effecting settlement, securing evidence, ohtaining witnesses, or prosecuting or de- fending stich action or proceeding, and the Company shall reimburse the Insured for any ex(lense so incurred. 5. Notice of Loss - Limitation of Action In addition to the notices required under paragraph 4(b), a statement in writing of any 10$5 or dama~e ~or which it !S claimed the Company IS hable under thiS policy shaIl he furnished to the Company within sixty days after such loss or dam- age shall have heen determined and no right of action shall accrue to the Insured under this poticy until thirty days after such statement shall have been furnished and no recovery shall be had hy the In- sured under this policy unless action shall he commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or dllmllj:e. or to commence such action within the time hereinbefore specified, shall he a ('onclusi\'e har against main- tenance b)' the Insured of any action under this policy. 6. OptiOl' to Pay, Settle or Compro.- mise Claims The Conlpany shall have the option to payor settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy hy the owner of the indebted. ness secured hy a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness: such purchase, payment or tender of payment of the full amount of this policy, together with all I~Osts, attorneys' fees and ex. penses which the Company is obligated hereunder to pay, shall terminate aIt liability of the Company hereunder. In the event, after notice of claim has heen p:iven to the Company by the Insured, the Company offers to purchase said indebt. edness the owner of such indebtedness shall t~ansfer and assign said indehtedness and the mortp:ap:e securing the same to the Company opon payment of the purchase price. 7, Pnymc.nt of Lo88 (a) The Liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and costs and l'ttomeys' fees which the Com- pany may he ohli~ated hereunder to pay. (b) The Company will pay, in addition to any loss insured against hy this policy, all costs imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured P.218 (G,S,) with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (l) if the Company, after having received notice of an alleged defect, lien or encum. brance not excepted or excluded here- in removes such defect, lien or encum- brance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the lnsured in settling any claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a final determination hy a court of competent jurisdiction sus- taining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shaH reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such toss or destruc. tion shall be furnished to the satisfaction of the Company: provided, howe\'er. if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amollnt of the insurance afforded hereunder as to su('h Insured, except to the extent that such payments reduce the amount of the in- debtedness secured by such mortp;age. Payment in full hy any person or voluntary satisfaction or release by the Insured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indehtedness secured by such mortgage, except as pro. vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days thereafter. 8. Liability Noncumulative It is expressly understood that the amount of this policy is reduced hy an)' amount the Company may pay under any policy insuring the validity or priority of any mortj!age shown or referred to in Schedule B hereof or any mortgage here. aher executed by the Insured which is a ('harge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall he deemed a payment to the Insured under this policy. The provisions of this paragraph num. hered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebt. edness or any part thereof. 9. Subrogation upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall ,'est in the Compan)' unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this poticy not been issued. If the pay- ment does not cover the loss of the In- sllred, the 'Company 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 the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or prop. ert)' necessary in order to perfect such rip:ht of suhrogation, and shall permit the Company to use the name of the Insured in an)' transaction or litigation in\'olving such rights or remedies. If the Insured is the owner of the in- dehtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of an)' dehtor or guarantor, or extend or other. wise modify the terms of payment. or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indehted- ness, provided such act does not re3ult in an)' loss of priority of the lien of the mortJ!age. 10. Policy Entire Contract Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the prm'isions of this policy. No provision or condition of this policy can he waived or changed except by writinj: endorsed hereon or attached here. to signed hy the President, a Vice Pres. ident, the Secretary, an Assistant Secre- tary or other validating officer of the Com- pan)'. II. Notices, Where Sent All notices required to he given the Company and an)' statement in wntlnj: required to he furnished the Company shall he addressed to it at the office which issued this polic)' or to it,. Home Ollil'e. 13640 Roscoe Boulevard, Panorama Cit)'. California 91409. 12. THE PREMIUM SPEUFIED II' S!:HEDUI.E A IS THE EI'TIRE !:HARGE .'OR TITLE SEARCH, TITI.E EXAMINATION AI'D TITLE INSURANCE.