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HomeMy WebLinkAboutD-1858 iKD5659pc436 County of Salt Lake )ss. ) On, ((; ,19'7;2.. before me. the undersigne a Notary Public i~d for the _S~te all a Utah with principal office in the County ofl1~~~' personally appeared 1/ ~yU,- W V ~ knm~ to me to be the person__ whose name ~ subscribed to the whthin Instrument, and acknowledged to me that ~ executed the same. Witness my hand and official seal. Signature of Notary N~~ J/YI..e/ Expiration date 1 ,vl:.,. f 7, (77..s- ..... ' i/ V i,. , '100. J . " --\ . j.o.lo c." ,&;l!o N .~ ., .' CERTIFICATE OF ACCEPTANCE 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 23, 1972 , from or executed by Afton M. Lindsey and Norma W. Wi1cken , 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 authori officers. The q~?f~ Ci ty Engineer is hereby approved as to form. ~, j....A c.J ~ ~ .-^lI:.\..U'1U1Nu Kt:.YUt:.~1 t:.U tly , ......_ .~f_ - I --..; ~ 6l"tV 8KD5659pc435 CITY OF ARCADIA I AND WHI!N RI!COROI!O MAIL TO I Nom. City Clerk Slr..t P.O. B~x 60 Addr... City & Arcadia, Ca. 91006 Stot. L .M.All TAX STATEMENTS TO I I Nom. City of Arcadia I Str..' Addr.u City & Stot. L RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY. CALIF, OR SECURITY TITLE INSURANCE CO, NOV 8 1972 AT 8:01 A,M, Reglstrar,Recorder r FREE' V- F]/ I -.J SPACE ABOVE THIS LINE FOR RECORDER'S USE I ~~C~~~~~YE6RA~~~FE~u~tX v:'Liil'~~F~ERTY''''CONv'EYiD: _OR CO UTED Ull V LESS LIENS AND J' U E IME OF,S LE. . ,~. .J Signature of Declarant or Agent determining tax. Firm Name TO 40',1 CA. (1.70) d under re~ueste recording DoCUlllent ~ ee CoC.e 610~' Cl. t1. acg,ui.r Grant Deed ( 0'1. . due to Acessar'/, THIS FORM FURNISHED BY TITLE INSURANCE AND TR~PAN; FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AITON M. LINDSEY and NORMA W. WILCKEN hereby GRANT(ll:) to the CITY OF ARCADIA, a Municipal Corporation, I Ihe following 'described real property in the Counlyof Los Angeles City of Arcadia, . State of California: '~- " '- The north~rly 6 feet of Lot 27 in Block 82 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records, in the office of the County Recorder of said County. I .. . J . .~ ~r I STATE OF CALIFORNIA COUNTY OF I LOS ANGELES On , signed, n Notary Public in and for said Afton M. Lindsey 0 ' n " }SS. ..... before me, the under- State. personally appeared rr rT..;''' -lrp". >- >- u ;:-1 . Daled d<3 I , /17::<" Norma .4 I ., C> L. '- 1- '"I _I . known to me to be the pcrson~whose nameS. 8if!-eIS subscribed to the within instrument and dcknowledged that ~ sh tP executed the same. WITNESS my hand and official seal. S;gnnlurc ~ C. ~ v I y~ OFFICIAL SEAL FLORENCE E. NEERGARD NQlA~Y PUBLIC-CALIFORNIA LOS ANGELES COUNTY MyCommlSsion Expires Mar. 4.1976 '-~-..:r-...~ z o ;..: 0_ '" u co w o Name (Typed or Printed) ("hl~ alea fot' "I'lklal notarial 1><'111) ~ c.:l \~ N (j) 7.l../0'(2- P. O. Box 60, Arcadia, CA. 91006 . . Title Order No. Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE . ." . COUNTY OF LOS ANGELES . DEPARTMENT OF AUDITOR.CONTROLLER 153 HALL. OF ADMINISTRATION LOS ANGEL.ES, CALIFORNIA 90012 62!5.3611 MARK H. BLOODGOOD AU D1TOR.CONTROLLER May 2, 1973 Direct inquiries to Attn: Mary Gifford City of Arcadia ,240 West Huntington Drive . Arcadia, California 91006 I Attention: Robert D. Ogle, City Attorney I SUBJECT: Colorado Boulevard Parcel No. 14 Lindsey and Wilcken , ~ ,.g I). ,Gentlemen: Pursuant to your letter dated November 29, 1972, I taxes have been cancelled in accordance with Section ~986 of the Revenue and Taxation Code. This cancel- lation was orcl"lred by the Honorable Board of Super- I, v.J.sors Dec. 19, 1972, by Authorization No. 31305. Very truly yours, MARK H. BLOODGOOD, Aucti tor-ControU"lr I,;? / ./ ..!,',. ,. ..' ,../,./1 ~c-C//q:/' ~ '-::.1,'" .-:" ,__~.,~ ",',/ ,~~ -- L By Edwarrl Guerrero, Chief, Tax IIi vision EG;MG/tc Tax Div. #C-11 3/73 ~ ROBERT A. GILL CHIEF DEPUTY E. GUERRERO CHIEF, TAX DIVISION RECEIVED MAY 9 197::; CITY OF ARGADI.A CITY AlTORNEY ,. November 29. '1972 Mr. Mark H. Bloodgood. Auditor-Controller 500 West Temple Street, Room 153 Lo~ Angeles. California 90012 Attention: Tax Canoellation Section Subject: Request tor Cancellation of Taxes Colorado Boulevard Paroel No. 14 (Lindsey and Wllcken) Dear Mr. Bloodgood: Please cancel a8 of the date of recording all taxes on.the property described in the attached copy of deed. This property is part ot a larger parcel acquired tor street widening purposes. There is no building on it. Very truly yours. ROBERT D. OGLE City Attorney RDO:at Attachment cc: City Clerk ~ ~' I CLTA.1963 AMENDED 1969 I IV" STANDARD COVERAGE POLICY OF TITLE INSURANCE iSbued by I 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 dale, 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 consol. idation, against loss or damage not exceeding the amount staled 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 ill or lien or encumLranee on the title to the estate or interest covered hereby in the land descrihed or referred to in Schedule A, existmg at the date hereof, not shown or referred to in Schedule R or excluded from co\t~ra~e in Schedule B or in the Conditions and Stipulations: or 2. Unmarketability of such title: or 3. Any defect in the execution of all)' mortgage shown in Schedule R securing an indehtedness, the owner of which is named as an Insured in Schedule A, hut only insofar as such defect affects the lien or charge of suid mort~a~e upon the esttlte or interest .eferred to in this policy; or 4. Priority over said mortgage, at the date hereof. of any lien or encumhrance 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 pro\'isions of Schedules A and Rand 10 the Conditions and Stipulations her~Lo annexed. I In Witness Whereof, Security Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. d~~L ~. P-218 {G.S} ~S.f~o In.",_. ComO.BY or ......."CI. R~'.l.r.d T,..,........ _t< _.......~""\'\\\\\ ~--~SUR4 IIII :<. \........~C 1'1 :~"..... ...<l' I, ~~.... ".ro'~ f.c :\\\'\,\\\lPORA 'ED\;~ %_' . % ~C'. -.- ...,,;,0: ~ . ~ .J>, ~ P,\AfARCH 5 ,f!,"r,.i~f ~~Jo. ., ___ "......-""'.. .' '.::: '10.1 .'. . .ljl ..::' ~~~ ~47: rm.~j.-=" An Authorized Signature 111 If J(eid. President CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used ill this policy mean: (a) "land": the land descrihed. spe- cifically or by reference, in Schedule A and improvements affixed thereto which by law constitute real property: (h) "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 hy Jenson of uny public records: (d) "datc": the effective date; (e) "mortgage": mortgllp:e. deed of trust, trust deed. or other security instru- ments; and (f) "insured": the party or parties named as Insured, and if the owner of the indebtedness secured hy u rnorq!:ll,rc shown III Schedule R is named as an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of sllch indehtedness, (2) any surh owner who acquires the estate or intere~t referred to in this policy IJY fOle- closure, trustee's sale. or other legal mnn- ner in sali~fae-tion of said indebtedness, and (3) any federal agency or instrumen- tality which IS an insurer or guarantor under un insurance contract 01' guaranty insuring or guaranteeing said indehtedness, or any pili t thereof, whether named as an Insured herein or not, suhject other- wise to the provisions hereof. 2. Benefits after Acquisition of Title If an insured owner of the indehtedness secured hy 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 nny part thereof, or if a federal agency or instrumentality ae-quires said estate or interest, or any part thereof, as a consequence of an in- suralH'e contract or guarunty insuring or guaranteeing the indehtedness secured by a mortgage covered hy this policy. or any part thereof, this poliry shall continue in for('e in favor of such Insured, agency or instrumentality, subject to all of the con- dition!": and stipulations hereof. 3. Exclusions from the em'erage of this Policy This policy does not insure against loss or damap:e hy reason of the following: (a) Any law, ordinance or govern. mental regulation (including: but not Iim. ited to huilding and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the chara~ter, dimensions, or location of any 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. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (cJ Title to Rny property beyond the lines of the land expressly described in Schedule A, or tide to streets, roads, 3venlles, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other stlucture or improvement: or any rij:;hts 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 (lhy~ieally open streets or highways thi" Jlolicy insures the otdinnry rights of ahutting owners for ae-cess to one of such streets or highways, unless otherwise ex. cepted or e"eluded herein. (d) Defects, liens, encumbrances. ad. verse claims against the title as insured or other matters (I) created, suffered. as- sumed or lll!reed 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 sllch Insured Claim. ant acquired un estate or interest insured by this policy and not shown by the publiC records, unless disclosure thereof ill writ- ing by the Insured shall have heen made to the Company priOI to the date of this policy: or (.1) resllhmj:: in no lo~~ to the Insllred Claimant: or (4) attaching or created subsequent to thc date hereof. (e) Loss or damage which would 1I0t have been sustained if the Insured were a purchnser or cn('umhrancer for value without knowledge. (f) Any "conslImer credit protection", "truth in lending" or similar law. 4. Defense and Prosecution of Ac~ tion~ - Notice of Claim to be Given by Ihe 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 aetions or proceedings com- cene-cd ap:ainst the Insured, or defenses, restraining orders, or injunctions inter- posed against a foreclosure or sale of the rnortgap:e and indehtedness covered hy this poliey or a sale of the estate or interest in said land; or (2) for such action as may he appropriate to establish the title of the estate or interest or the lien of the mortgaj:!e as insured, which litigation or a('tion in any of sue-h events is founded upon an alleged defect, lien or en cum- hrance insured against by this policy, and may pursue any litigation to final determ- ination in the e-ourt of last resort. (b) In case any such action or pro. eeeding shall he begun, or defense inter. posed, or in case knowledge shall come to the Insured of any claims of title or in. terest which is adverse to the title of the estate or interest or lien of the mortgage a~ insured, or which might calise loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith ('ontruct to sell the indehtedness secured by a mort. gage co\'ered by this policy, or, if an Insured III good faith leases or contra('t~ to sell, lease or mortgage the same, or if the sllccessful bidder at a foreclosure sale under a mortgage covered by thi:. policy refuses to purchase and man)' such event the title to said estate or ill- tel est is rejected as unmarketahle, thtl Insured shall notify the Company thereof in writmg. If stich notice shall !lO! he given to the Company Within ten ua)s of the reeeipt of process or pleadings or if the Insured shall not, in writinp;, prompt:) notify the Company of any defect, lien or en('umhran('e insured agamst which :,hull come to the knowledge of the In. sured. or if the Ill~ured shall lIot. in wntinJ!, promptly notify the Company of any such lejectioll by reaSOll of c:lailllt'd \Il1marketability of title, then all li.lbilily of the Company ill regald to the sllhjt~ct matter of such action, proccc(hng or matter shall rease and term mate : pro. vided, however, that failure to notlfv shall in no cusc prejudice the claim o"f any Insured unless the Company shull he actually prejudie-ed hy surh f!lilure and then only to the e'\:tent of snch prejudice. (c) The Company shall ha\'e tlw right at its own rost to illstitute and prosecute an)' action or proceeding or do atl)' other act whic-h in its opinion may he nce-cssalY or desirable to estahlish the title of the estate or interest or the lien of the mort- p:age as insured: and the Company ma)' take any appropriate action under the terms of this policy whether or not it shall he liahle thereunder and shull not thereby rOil cede Iiahility or waive any provision of this poli~y. ( d) In all cases where this policy permits or requires the Company to !Irei-' eeute or provide for the defense of UllY ae-tion or Plocceding. the In~lIred sholl secure to it the right to so prosecute or provide defense ill sllch action or pro- reeding, and all appeals therein, and per- mit it to use, at its option. the name of the Insured for stich purpose. Whenever (Conditions and Stipulations Continued and Concluded 011 Last Page of This Policy) ~ ii, REC.OIIDING REQUESTED BY " , ~o'i.l BIR40bJPclb( CITY OF ARCADIA RECOROED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF, OR SECURITY TITLE INSURANCE CO, NOV 8 1972 AT 8:01 A,M, Registrar.Recorder r FREE 1 F :1 WHEN RECORDED, MAIL TO: ~~ ~ Ci ty Cler P.O. Box Arcadia, 60 a. 91006 SPACE ABOVE FOR RECORDER'S USE ONLY Loan 031-14051 Recon, 2-8733 GAL FED ENTERPR1SES, a corporation. of Los Angeles, California, as Trustee, or Successor Trustee, or Substituted Trustee, under that certain Deed of Trust made by PARTIAL RECONVEYANCE LUTHER V. LINDSEY AND AFTON M. LINDSEY,. husband and wife recorded Apri 1 21, 1961 in Book T 1768 at Page 7 of 'Los Angeles County, California, has received from Beneficiary thereunder a written request to reconvey I and in accordance with said request and the provisions 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(s) secured thereby for endorsement. NOW THEREFORE, in accordance with said request and the provisions of said Deed of Trost, CAL FED ENTERPRISES as Trostee, does hereby RECONVEY, without warranty, to THE PERSON OR PERSONS LEGALLY ENTITLED THERETO, all estate now held by it thereunder in and to that property situate in said County, described as follows: Trostor(s) The northerly 6 feet of Lot 27, in Block 82 of Arcadia Santa Anita Tract, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records in the F office of the County Recorder of said County. ree recording requested under Gov. Code 6103. Document necessary due to City acqUiring Utle. The remaining property described in said Deed of Trost shall continue to be held by said Trostee 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 for the indebtedness secured by said Deed of Trost, \" III" . \' '/'1 IN WITNESS WHEREOF, CAL FED ENTERPRISES, a corporation, as Trustee, has executed this Instrume~t&oJ !~~~~1ite4f,j;, acknowledgement, CAL FED ENTERPRISES. _-' <<,,'C;TI PO.9~"'/.>1>-:'~ a California Corporation, as Trustee ~" /;::0 ~... tn:. STATE OF CALIFORNIA } SS -A) ~ : q; ! - 0; fl1:: County of Los Angeles By - if -( /') Pd--zL. = U: JUL Y fl, i en:: . Authorized Signature P. tseard ~ \ : : On October 18, 1972 before me, the undersigned, a Notary Public in an~ fo~." J 970 .,/ _~ said County and State, P. Bea rd personally appeared who is kno,fn1/.....;:.. ...~ ,\"",- b th Ass. S f th C 'h d th ' h." ,/, n f\ " to me to e e Istant ecretary 0 e orporahon t at execute e Wit m IInstrum~nt.\k'nown to me to be the person who executed the within Instrument on behalf of the Corporation therein named, and ack';~~i~dged to me that such Corporation executed the within Instrument pursuant to its by-laws or a r~~L~t;j"n.Qf.iliJvw.d.pJ'.4ir8Uam......... ~ WITNESS MY HAND AND OFFICIAL SEAL. ; Q OFFICIAL SEAL c..:l : Millie 0, Armstead ~ : -a; . NOTARY PUBLIC - CALIFORNIA ..... Il -;C/ . :. - PRINCIPAL. OffiCE IN ~t\'ature ~ l f OLI) ~ . C i h11 .~ !la., .-<0 i My Comm;ss;on LE~:;~~G~~~.s l~~Ul~':s j (j) :..........a..................~,;.;,..;.!J 6 y 2-- E35A (1M) 11/ 1 OF (This Area For Official Notarial Soal) .....UIIlVIIlIU 1.UUU ..llt;" .................,..."..." Standard Coverage Policy Form Copyright 1963 SCHEDULE A Effective Date: Amount ofliability: S 2,000 .00 November 8, 1972 at 8:01 A.M. INSURED THE CITY OF ARCADIA, a Municipal Corporation Policy No: Premium S 7210642-45 50.00 1. The estate or interest in the land described or referred to III this ~chedule co\'ered by this policy IS: a fee 2. Title to the estate or interest covered by this policy at the date hereof is ve~te(1 in: THE CITY OF ARCADIA, a Municipal Corporation 3. The land referred to in this policy is situated in the State of California, County of and is described as Collows: Los Angeles The Northerly 6 feet of Lot 27 in Block 82 of Arcadia Santa Anita Tract, in the City of Arcadia, as 'per Map recorded in Book 15, Pages 89 and 90 of Miscellaneous Records, in the Office of the County Recorder of said County. . St~~'do';;r C-o-:;~~age P~i;~-y~-F-;;T1:;:; COPYflght 1963 SCHEDULE R This policy does not insure against loss or damage by reason of Ihe following: PAIlT I l. Taxes or assessments which are not shown as eXlslln;:r lien:, by the rel:ords of any laxing aUlhority that levies taxes or assessments on real property or by the puhlic records. 2. Any fads. rights, interests, or daims which me not shown hy the public rel:or<!s hut \\ hich (:ould be ascertained by an inspection of said land or by making inquiry of pcr:,ons in po::,sc:,sion Ihereof. 3. Easements, claims of easement or encumbrances \\'hich are nol shown hy the public records. .1. Discrepanl:ies. connicts in boundary lines, :,hortag-e ill area. ellnoadllllent~. or allY other faels whieh a correct survey would disclose, and which are not :-hown by the puhlic re('ord:--. 5. Unpatented mining daims; re:,er\'ations or e:\{'eption~ ill I',llent:- or ill A('b authurizing the i:-:oouullce thereof; water rights. claims or title to water. PAIrI' II 1. General and special County taxes for the fiscal year 1972- 1973 including personal taxes, if any: Total $603.73 First installment 301.87 Second installment 301.86 Affects this and other property. . '1 N ~COLORADC> BO ULEVA~C7 so so so so SO "0 ~o 50 s'" "'" S'" ISI.COi"~ ~\~/)l ~ 20 In r Ul ZS 24 2~ Z2 21 ~~ I~ ~ ~ ~I ~O :Z~ 26 Z7 2~ ",I!\ III '" \l\ \1\ B ,L 0 C K ~ 1& ~ "' ~I I In "'" [>'" ,,,, so s'" fiO ,,'" ,,'" ~~ "'" 5 1;;1.c;,~ ~ Sl ARCA[?I A c;'ANT A Lo.,... rg- '31, BI-K, 82 ANITA TRACT M.R.I';;/139-90 o ~ o " "'" ill :J Z ill > <{ "This plat is (or your aid in locating your bod with relerellce 10 streets nnd other Pdrce!;;. It is not II 15l1rve). ~'hill' Ihi:. plat h; believed 10 he corre...I, the Company assumes no liaLilit}' for anr 10...5 OtTurrillf!: hy rpa"ion of relialll e llwr~'on." SECURITY j'tTLE INSURANCE COMPANY , L CoO ~l ,,0 CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) requested by the Company the Insured shall give the' Company all rea~onab~e aid in any such action or proceeding, In effecti.ng seulement, securing evidence, obtaining witnesses, or prosecuting or de- fending such action or proceeding, and the Company shall reimburse the Insured for any expense so incurred. 5. Notice of Loss - Limitation of Action I In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be' furnisned to the Company within sixty days after such loss or dam. ap;e shall ha\'e been determined and no rip;ht of action shall accrue to the Insured under this policy nndl thirty days after such statement shall have been furnished and no recovery shall he had by 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 damap;e, or to commence such action within the time hereinbefore specified, sholl he a ('onclusi\'c har against main- tenance by the Insllred of any action under this policy. 6. Option In Pay, Senle or Compro~ mise Onims The Comparly 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 Icase lo:;s is claimed under this policy hy the owner of the indebted. ness secured hy a mortgage covered by this policy, the Comr1any shall have the option to pllr('hase said indebtedness: such purchase, pllyment or tender of payment of the full amount of this policy, together with all ('osts, attorneys' fees and ex. penses which the Company is obligated hereunder to pay, :;hall terminate all liability of the Company hereunder. In the event, after notic~ of claim has been Jl:i\'en to the Company hy the Insured, the Company offers to pllrchase said indebt. edness, the owner of such indebtedness shall transfer and assip;n said indebtedness and the mort~age securing the same to the Company upon ~ payment of the purchase price. 7. Payment lof Lost! (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 attorneys' fees which the Com. pany may he obligated hereunder to pay. (h) The Company will pay, in addition to any loss insured a~ainst by this policy, all ('osts imposed upon the Insured in litiJ;ation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured P.218 IG S I I with the written authorization of the Company. (c) No claim for damages shall arise Or be maintainable under this policy (1) 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 Insured in settling any claim or suit without wriUen consent of the Company, or (3) in the event the tide is rejected as unmarketable because of a defect, lien or encumbrance not excepted or exduded in this policy, until there has been a final determination by a court of competent jurisdiction sus. taining such rejection. (d) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall he made without producing this policy for endorsement of such payment unless the policy he lost or destroyed, ill which case proof of such loss or destruc- tion shall be furnished to the satisfaction of the Company: provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is all Insured herein then such payments shall not reduce pro tanto the amollnt of the insurance afforded hereunder as to such Insured, except to the extent that sllch payments reduce the amount of the in- debtedness secured hy such mortl!:age. Payment in full by any person or voluntary satisfaction or release by the Insured oC a mortgage covered by this policy shall terminate all liahility of the Company to the insured owner of the indebtednp.ss 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 he payable within thirty days thereafter. 8. Liability Noncumulative It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortp:age shown or referred to in Schedule B hereof 0(- any mortgap;e here. after executed by the Insured which is a charge or lien 011 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. bered 8 shall IIOt apply to an Insured owner of an indebtedness secured by a mortgap;e shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indeht. edness or any part thereof. 9. Subrogation upon Payment or Seulement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Campuny unaffected hy any act of the Insured. and it shall be suhrogated to and be entitled to all rights and remedies which the Insured would have had a~ainst any person or property in respect to such claim had this policy not been issued. If the pay. ment does not cover the loss of the In- sured, the Company shall he subro~ated to such rip:hts and remedies ill the proportion which said payment bears to the amollnt 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 he required to pU)' 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 rip;ht of suhrogation. The Insured, if requested hy the Com{\any, shall transfer to the Company all ri!-(hts and remedies against any person or prOp- erty necessary in order to perfect such riv;ht oC subrogation. and shall permit the Company to use the name of the Insured in any transaction or litip;ation invoh-ing sur;h rip;hts 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 subslitute the personal liability of any dehtor or {!:uarantor, or extend or other- wise modify the terms of payment, or (-dease a portion of the estate or inlerest fmm the lien of the mortg:af!:e, or release uny collateral security for the indebted. ness, IIfo'i'ided such IH.t does no\ re::;uh in any loss of priority of the lien of the mortp:ap:e. 10. Policy Entire Contract Any action or actions or'rights of action that the Insured may have or ma)' bring against the Company arisin~ out of the swtllS of the lien of the morlgage covered hy this policy or the title of the t~state or interest insured herein must be hosed on the provisions of this policy. No provision or condition of this policy call he waived or changed except by writinp; endorsed hereon or auached here- 10 signed hy the President, a Vire Pres- ident, the Secretary, an Assistant Secre- tary or other validatinf!: officer of the Com- pany. ll. Notices, Where Sent All notices required to he given the Company and any statement in writing required to he furnished the Company shall be addressed to it at the office which issued this policy or to its Home Olliee. 13640 Roscoe Boulevard, Panommt\ City, California 91409, 12, THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE,