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CERTIFICATE OF ACCEPTANCE
~K D4649PG 43
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 November 25, 1969 , from or executed
by Richard Del Castillo , 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.
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The
City
cument thus described is hereby approved
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as to form:
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l;l.TY U~' ARCADIA
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AND WHl!:N RECORDED MAIL TO
RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY. CALIF.
FOR TITLE INSURANCE & TRUST CO.
1970 AT 8 A.M.
MAR
5,
Name
I City" Clerk
I
RAY E. LEE, Registrar-Recorder
P.O. Box 60
Stro.t
Addrou
,
City &
Sial.
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Arcadia, Calif.
L \
91006
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL lAx 5TAU/l\[NTS TO
Noml. I City of Arcadia
I
D~UMENTA~Y TRANSFER TAX $ . -..-""!-
-=--COi'lir\JTEiJ ON FULL VALUE OF PROPERTY CONVEYED
-O'R ::Oif.P~JTED ON FULL \"^LIJE lESS LIENS AND
Er~CUM Ai'ol;E::i REMAiNING /I.T TItAE OF SALE.
~ -
/iI<. Title lnsurf:nce and Trust Cnm-; ,~
~n:.tt:{e 'cr Doclarant 'o~ Agen~ determining tax. Finn Name
Str..' J D
Add.... ~ ~ ~
City &
""'L~~~&~.
FFICIAt BUSINESS
'~G~~~nt Int1t1ed to Free Recording
CO? Code Seo. 6103
.J
Grant Deed
AFFIX I.R,S, S
m.....n...______..u__ ABOVE
TO 4015 C (8.67)
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDER A TION, receipt of which is hereby acknowledged.
RICHARD DEL CASTILLO
"
hereby GRANT(S) to the CITY OF ARCADIA, a Municipal Corporation,
Ihe following described real property in the City of Arcadia
County of Los Angeles ,Stale of California: I
That portion ~f Lot 21 in Block 79 of Ar<;adia Santa.Anita Tract" in th~ City ?f Arcadia, ~ \~
County of Los Angeles, State of Californ~a, as per map recorded in Book' 15, Pages 89 ~
and 90 of Miscellaneous Records, in the office of the County Recorder of said County, r ~
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described as follows: '"
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Beginning at the northeast corner of said Lot 21; thence southerly along the easterly
line of said lot to the southeast corner thereof; thence westerly to the westerly line
of th'e easterly 20.00 feet of said Lot 21; thence northerly along said westerly line
z
35.00, feet to the beginning of a tangent curve, concave southwesterly having a radius 5?
of 15.00 feet and a length of 23.56 feet, said curve also being tangent at its northerly~ :
terminus with the northerly line of said Lot 21; thence northerly along said curve to ~
u'
said northerly line; thence easterly along said' northerly line 35.00 feet to the point ~'
of beginning. 0'
Dated
x,). .;(;5- Ire '1
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Richar De ast~ 0
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STATE OF CALIFORNIA
~~UN,)? ~~/, ~~;3/tt'F;
signed. a Notary Public in and for said
Richard Del Castillo
}SS,
before me, the uncler-
State, personally appeared
./
to be the person_whose nam"
instrument B.nd acknowledged that
WITNESS my hand Ilnd official scal.
~~
is
he
known to me
subscrihed to the within
/
executed the same,
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" A'~' OFFICIAL SEAL
<:f....~t""
. '-~~ FLORENCE E. NEERGARD
':"? ~'} NOTARY PUBLIC. CALIfORNIA
~~~ LOS ANGELES COUNTY
C''''t,~o~''\' /" MyCommission Expires Mar. 4, 1972
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Signature
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Name (Typed or Printed)
P. O. Box 60, ArcadIa, Calif.
....
(This .lea fO! Qfllclal notllrlallll!&l)
Title Order No.
Escrow or Loan No.
.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
,
GRANT DEED
>
TitIe_Ins_uranc_e_~_ ~
and '
Trust Company
COMPLETE STATEWIDE TITLE SERVICE
WITH ONE LOCAL CALL
J
GRANT DEED
Title_Insurance
and
Trust Company
COMPLETE STATEWIDE TITLE SERVICE
WITH ONE LOCAL CALL
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MARK H. BLOODGOOD
AUDITOR.CONTROLLER
COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER
153 HALL OF ADMINISTRATION
LOS ANGELES. CALIFORNIA 90012
625-361 1
December 8, 1970
City of Arcadia
P.o. Box 60
Arcadia, California 91006
Attn: Robt. D. Ogle
City Attorney
Re: Portion of Lot 21 Block 79
Arcadia Santa Anita Tract acquired
from Richard Del Castillo
Gentlemen:
PurSllant to your letter dated March 23, 1970,
ROBERT A. GILL
CHIEF DEPUTY
J R. PASSARELLA, CHIEF.
TAX DIVISION
;-tECEiVED
D~C : /1 i970
CITY OF ARCJ\OI.4
CJTY J\.TTORNEY
taxes have been cancelled in accordance with Section
4936 of the Revenue and Taxation Code. This cancel-'
lation wa3 ordered by the Honorable Board of Super-
visors Nov. 25, 1970 by Authorization No. 15162.
Very truly yours,
l~BL
Auditor-Controller
By J. R. Passarella, Chief
Tax Division
JRP/EMP/tc
,
". .
1,1o.rch 23. 1970
Mr. John R. Passarella. Auditor-Controller
500 ~est Temple Street. Room 153
Los Angeles. California. 90012
Attention: Eleanor Parker. Tax Cancellation Section
Subject: Request for Cancellation of Taxes
Richard Del Castillo
Dear Mr. Passarella.:
Please cancel taxes on the property described in the
enclosed copy of deed as of the da.te of recording.
Very truly yours.
ROBERT D. OGLE
City Attorney
RDO: kd
Enclosure
'-
Escrow or Loan No.
RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY, CALIF:
FOR TITLE INSURANCE & TRUST CO.
MAR 5 1970 AT 8 A.M.
When Recorded Mail to:
CV1, it {LdJ t1A N~
OF ICIAL BUSINESS
Document Entitled to Free Recording
Gov. Ccde Sec. 6103
RAY E. LEE, Registrar-Recorder
[;l]EE
$2-
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THis NECESSARY IN CHAIN OF IlILE
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WFlliREAS, HANNA REALTY CORPORATION, a California Corporation, as Trustee,
or Succe,sl!ror Trusteo, or Substituted Trustee, under the Deed of Trust dated
June 2 , 1966 , made by
RICHARD DEL CAS~ItLO, a mR~~ied mRn,
Trustor(s), and recor e as Document No. ~61 on ~nnE} :'1
19 66 ,in Book TI)002 , Page Ul , 0 Official Recor s ~n the office of
the County Recorder of Los Angeles County, State of
California, has received from the Beneficiary thereunder-a written request to
execute a partial reconvey~~ce as provided in said Deed of Trust and is
authorized to convey the real property hereinafter described, conveyed to it
by said Deed of Trust;
/'
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PARTIAL RECONVEYANCE
(Space Above this line for Recorder's Use)
88-113545
NOW, TfffiREFORE, in accordance with said request and the provisions of
said Deed of Trust, said HAffi,A REALTY CORPORATION, as Trustee, or Successor
Trustee, or Substituted Trustee, does hereby reconvey without warranty to the
PERSON or PERSONS LEGALLY ENTITLED TIT~RETO, all of the estate and interest
derived by it through or under said Deed of Trust in and to the following
described portion of the premises therein described, to-wit;
That portion of Lot 21 in Block 79 of Arcadia Santa Anita Tract, as per Map recorded in
Book 15, Pages' 89 and 90 of Miscellaneous Records, in the office of the Los Angeles County
'Recorder, described as follows:
Beginning at the Northeast corner of said Lot 21; thence Southerly along the Easterly line of
said lot to the Southeast corner thereof; thence Westerly to the Westerly line of the Easterly
20.00 feet of said Lot 21; thence Northerly along said Westerly line 35.00 feet to the
beginning of a tangent curve, concave Southwesterly having a radius of 15.00 feet and a length
of 23.56 feet, said curve also being tangent at its Northerly terminus with the Northerly line
of said Lot 21; thence Northerly along said curve to said Northerly line; thence Easterly along
said Northerly line 35.00 feet to the point of beginning.
HI \VITIIESS \'lHEREOF, HANNA REALTY CORPORATION, as such Trustee, has
caused its corporate n~~e and seal to be hereto affixed by its
Secretary, thereunto duly authorized.
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Date,d: .f.eRruarY 3, 1970
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STATt~9~oGo~~f.ORNIA' )
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HANNA REALTY CORPORATION
As Such Trustee
BY~
Beverley Steele,
~
Secretary
,
On the 3 day of Februar~ ' 19 7~ ' before me, the
undersigned, a Notary Public in and 'or said Sta e, personally appeared
~everley Steele , known to me to be the
Secre ary of Hanna Realty Corporation, the corporation that executed the
foregoing instrument as such Trustee, 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~
WIT~~SS my hand and official seal.
,(SEAL)
OFFICIAL SEAL
ROBERT A. SCOTT
NOTARY PUBLIC-CALIFORNIA
LOS ANGELES COUNTY
MyCOffir:1lSsion Expires May 3.1973
315 West WAth $t... Ste.. 407.. Los An;;:clc" C~i1. 900.J,'
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Name (typed or pr~nted)
NOTARY PUBLIC in and for said state
TO 1012 FG-OP 17-68)
California lond itle Auociotion
Standard Coverage Policy Form
Copyright 196]
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust 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 parries named as Insured in Schedule A, the heirs, devisees, personal
representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation,
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 che Condicions and
Scipulacions hereof, which che Insured shall suscain by reason of:
1. Any defect in or lien or encumbrance on [he title to the estate or interest covered hereby in the
land described or referred to in Schedule C, existing at the dale hereof, not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketabilil}' of such title; or
3. Any defect in (he execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the
lien or charge of said mortgage upon (he estate or interest referred lO 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, how~~~1~))~)~s)<iP.s of Schedules A, Band C and to the Conditions and Stipulation>
hereto annexe!!?"" ...\,\CE AND r~""\\.l
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$' ~ Oo~~t IS PRo~oo ' I,
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;..! ~ o.*' ",'" f.'Ctmli'ALTt~' tnessC t ereo J Title Insurance and Trust Company has caused its
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~ ... o~* cOrhnrat@na:neao'dsealtobehereuntoaffixedbyitsduly authorized officers
f"j- ~ 'r~r\Y"'"",\Y'"'O~
~ I-..J 00 " ~ lin1the"date "ShnWllIln Schedule A.
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~ OO~~7-,,__-._, '.,.~~oo }f Title Insurance and Trust Company
"1 <0 oo~lAiE IS GUooo {<.",:
111\ 05' -4NOooooooo ~;'rv.. .5 "") V~ /--.L1.........
\\\ GELES, .$"' by T ~,4 /'~
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PRESIDENT
Attest
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SCHEDULE
B
PART
ONE
1. Taxes Of 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.
2. Any facts, rights, interests, or claims which are nm shown by the public records but which could be ascertained by an
inspection of said land or by making inquiry of persons in possession thereof.
3. Easements. claims of easement or encumbrances which are nm shown by the public records.
4. Discrepancies, conflicts in boundary lines, shonage in area, encroachments. or any other facts which a correct survey
would disclose, and which are nOl shown by the public records.
5. Unpatented mining claims: reservations or exceptions in patents or in Acts amhorizing the issuance thereof; water righu.
claims or tide to water.
CONDITIONS
AND
STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used In Ihis
policy mean.
(a) "land": the land described. speuflC-
ally or by rderem.e. ln'Schedule C and
Improvements affu\t.J therew which by law
constitute real property;
(b) "public records" those records
which imp.Ht constructive notice of mattels
rdating to ~ajd land;
(c) "knowledge": actual knowledge. not
constructive knowledge or notice which
may be imputed to the Insured by reason
of any public tecords;
(d) "date": the effective date;
(e) "mortgage": mortgage. deed of trust.
trust deed, or other security instrument; and
(f) "insured": the party or parties named
as Insured, and if the owner of the 10-
debtedness secured by a mongage shown 10
Schedule B is named a~ an Insured in
Schedule A. the Insured shall include (1)
each successor in interest in ownership of
such indebtedness. (2) any such owner who
acquires the estate or IOterest referred to
in thiS policy by foreclosure, trustee's sale.
or other legal manner in satisfaction of
said indebtedness, and (3) any federal
agency or instrumentality which is an in-
surer or guaranwr under an insurance con-
tract or guaranly msuring or guaranteeinE: .
~ald indebtedne~s, or any part thereof,
whetht:i named as an insured herein or not
subject otherWise 10 the provisions hereo{
2. BENEFITS AFTER .ACQUISITION ,OF TITLE
If an insured owner of the Indebtednes~
secured by a mortgage described in Sched-
ule B acquires said estate or mterest, or
any part, thereof. by foreclosure, trustee's
sale. or otht:r legal manner in satisfaction
of said indebtedness, or any part thereof.
or If a federal agency or imtrumentality
acquires said estate or interest, or any part
thereof, as a consequence of an imurance
contract or guaranty insuring or guaranlee-
ing the indebtedness secured by a mortgage
cmered by rhi~ policy, or any part thereof.
this policy sh.!1I continue in force in favor
of ~uch Insured, agency or IOstrumental1ty.
subject to all of the conditions and stipula-
tions hereof.
3. EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This policy does not insure against loss
or damage by reasons of the following'
(a) Any law, ordinance or governmental
regulation (including but not limited to
building and zoning ordmances) restricting
or regulating or prohibiting the occupancy.
use or enjoyment of the land, or regulating
the character, dimensions. or location of
;lOy improvement now or hereafter erected
on said land. or prohibiting a separation in
ownership or a reduction in the dimensions
(Jr area of any lor or parcel of land.
(h) Governmental rights of police power
or eminent domain unless notice of the
l'xerci~e of such nghts appears 10 the public
rewrds at the date hereof
(c) Tide to any property beyond the
lines of the land expressly described 10
Schedule C. or title to streets, roads, ave.
nues, lanes, ways or waterways on which
~uch land abuts, or the rij:hl to rnainr.!in
thereIn vaults. tunnels. ramp~ or anr other
structure or improvement; or any rights or
easemt'nts therem unless thIS policy spt'Clflc,
ally provides that ~uch property. fights or
east'ments are Insured. except that If the
land abuts upon one 0\ more physic.llly
open streets or highway~ tbi~ policy Insures
the ordinary rights of abutting owners for
access to 'one of such ~treets or highways,
unless otherwise excepted ot excluded
herein
(d) Defects, hens, encumbranCt:~. adverse
claims against the title as insured or ocher
matters (1) created, suffered. as~umed ur
agreed to by the Insured claiming loss or
damage. or (2) known 10 thl' Insured
Clnimam eIther at the date of this policy
or at the date such Insured Claimant ac-
qUired an estate or interest Insured by thl~
policy and not shown by the public records.
unless di,sclo~ure thereof In writlO~ by the
Insured shall have been made to tht' Com-
pany pnor to the date of thIS poliCY. or (3)
resulting in no loss to the Insured Claim.
ant; or (4) attaching or created subsequent
(() the date hereof.
(e) Loss or damage which wnuld not
have been sustained if the Insured wert' a
purchaser or encumbrancer for value wlth-
out knowledge.
4. DEFENSE AND PROSECUTION OF ACTIONS
-NOTICE OF CLAIM TO BE GIVEN BY
THE INSURED
(a) The Company, at its own cost and
Without undue delay shall provide (I) for
rhe defense of the Insured in all litigation
consisting of actions or proceedings com-
menced agalOst the Insured. or defenses,
restraining orders, or injunctions interposed
agalOsr a foreclosure or sale of the mort-
gage and indebtedness covered by thiS policy
or a sale of the estate or interest 10 said
land; Dr (2) for such actIOn as may be
appropriate to establish the title of the
estate or Interest or the lien of the mort.
gage as insured, which litigation or action
10 any of such events is founded upon an
alleged Jefect, lien or encumbrance in-
sured against by thiS policy, and may pur-
sue any litifation to final determination in
the Court 0 last resort.
(b) In case any such action or proceed.
ing. shall be begun, or defense !Oterposed,
or !O case knowledge shaH come to the In-
sured of any claim of title or IOterest which
is adverse to the title of the estate or in-
terest or lien of the mortgage as Insured.
or which might cause loss or damage for
wr.ich the Company shall or may be hable
by virtue of this polity. or if the Insured
shall in good faith contract to sell the in-
debtedness secured by d murtgage cu\'ered
by this policy, or, If an Insured in good
faith leases or contracts to sell. lease or
mortgage rhe samt'o or If the successful
bidder at a foreclosure ..ale under a mort-
gage covered by thIS policy refuses to pur-
chase and in any such event the title to
said estate or interest is rejected as un-
marketable, the Insured shall notify the
Company thereof in wnting. If such notice
shall not be given to the Company wlthlO
ten days of the receipt of process or plead-
ings or if the Insured shJ.ll not. in wnting.
promptly notify the CompJ.ny of any de-
fect. ilen or eocumbr.lnce insured ag:linsr
which ..h.1I1 (llmt: to the knowledp;e of the
Insured. or If the Insured sh.dl not. in
writlO.~. promptly notify the Company of
.IOY such lejectwn by reason of claimed un.
market;lbduy of tlrle, then all liability of
(Conditions and StIpulations Continued and Concluded on Lost Page of ThiS Policy)
....EIIIC..N L"ND TlTLIE ....OCI..T1QN LeI..N .-cILICY ..DQlTIQN"L CQVEII"OE - ,&&a QII C"LI"Q"N'" LANO TIT1.E ".IEOCI..TIQN .T..ND....D CQVE....OE .-cILICY - "'~
SCHEDULE A
. PREMIUM : $40~00
.AMOUNT. : $2.000~00
'EFfECTIV~.DATE: MARCH,5. 1910 AT'8'A.M~
, POLICY"NUMBER :.6942114
INSURED
:CITY,OF' ARCADIA. A,MUNICIPAL~CORPORATION.
',1': .. TITLE: TO: THE ESTATE OR: INTEREST, COVERED BY:.THIS POllCY..AT, THE
: DATE, HEREOF: IS:VESTED: IN:
,CITY' ,OF ARCADIA.: A, MUNICIPAL"CORPORATlON. :
, 2.' .; THE ESTATE OR: INTEREST: IN: THE". LAND"DESCRIBED OR REFERRED: TO: IN
. SCHEDULE, C', COYERED..BY..THIS, POLICY:fIS A, FEE.
'SCHEDULE B
; THIS POLICY DOES NOT INSURE ,AGAINSr LOSS OR, DAMAGE, BY,:REASON OF
: THE FOLLOWING: '
PART ONE
All ,MATTERS SET: FORTH: IN, PARAGRAPHS NUMBERED', FTO, 5 INCLUSIVE ON
: THE INSIDE. COYER ',SHEET: OF:,THIS POLICY':UNDER. THE HEADING SCHEDULE B
, PART: ONE.
PART: TWO
1. ,GENERAL :AND: SPECIAL. COUNTY,:AND CITY.:TAXES
: FOR, THE: F1SCAL:.YEAR 196CJ,-1910
SECOND: INSTALLMENT: $224.09
6942114, PAGE".l
...MIUIICAN L"'ND TITLll .....OCI...TION LO"'N POLICV ADDITION"'L COVlllIAGll _ ,..a 011 C...LII'OIlNI... U."ID TITLll .....OCI...TION .T...ND...IID COVlllI...Oll POLICY _ I.."
'SCHEDULE,C
: THE: LAND REFERRED: TO: IN:THIS'POLICY,~S'SITUATED: IN. THE COUNTY OF
: LOS: ANGELES. STATE OF,CALIFORNIA.:AND' IS DESCRIBED: AS FOLLOWS:
: THAT" PORTION OELOT, 21::IN. BLOCK. 19, OF, ARCADIA SANTA ANITA
: TRACT. ': IN: THE. CITY ,OF: ARCADIA.' IN; THE. 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,JHE
,COUNTY:RECORDER OF:SAID,COUNTY. DESCRIBED,AS,FOLlOWS:
BEGINNING'AT;THE,NORTHEAST;CORNER OF SAID: LOT 21;' THENCE
. SOUTHERLY:,ALONG: THE EASTERLY'..LINE OF SAID, LOT: TO: THE SOUTHEAST:
. CORNER, THEREOF;, THENCE WESTERLY::TO,:THE WESTERLY',:LINE OF
,THE EASTERlY..20.00 FEET OF SAID',LOT 21;: ,THENCE , NORTHERLY
ALONG SAID WESTERLY:.LlNE, 35.00, FEET: TO', THE BEGINNING OF
A: TANGENT; CURVE. ';CONCAVE SOUTHWESTERLY.HAVINGA,RADIUS
OF: 15.00: FEET: AND: A: LENGTH OF 23.56 FEET. 'SAID,CURVEALSO
,BEING: TANGENT. ATiITS NORTHERLY:,TERMINUS: WITH: THE, NORTHERLY,
'LINE OF SAID: LOT,,21;: THENCE NORTHERLY ,ALONG' SAID, CURVE; TO
'SAID NORTHERLY::UNE;: THENCE EASTERLY.:ALONG SAID.,NORTHERLY.
" LINE: 35.00: FEET, TO: THE POINT OF BEGINNING. '
.6942114'.PAGE,2:
15.69 )
ALTA OR STANDARD COVERAGE
INDORSEMENT
6942774
ATIACHED TO POLICY NO,
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amounl of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay,
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof,
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Title Insurance and Trust Company
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By
SECRETARY
blocks 770nd 79
AQCADIA
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This is not a survey of the land but is compiled for information by the
Tille Insurance and Trust Company from data shown by the officiat records.
RON
S.P.llR.
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I.C
CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
Ihe Company in re,gard 10 lhe subject matter
of such olctlOn. proceeding or matter shall
cease and terminate; provided, howl'ver.
tlMt failure to notify shall in no case
prejudice the claim of any Insured unle.~s
Ihe Company shall he actually prejudICed
by such failure and tben only to the extent
of such prejudice.
(c) The Company shall have the riglH
at its own cost to institute and prosecute
any actIOn or proceeding or do any other
act WhlCh in its opinion m,lY be neceSS-lry
or desirable to establish the tide of the
e~tate or interesl Of the lien of the mort-
gage as insured: and the Companr may
tflke any appropri;u(' action under the tcrm..
of thiS policy whether or not It. shall be
liable thereunder Hnd shall nm therehy
concede ]iability or waive olny provision of
this poticy.
(d) In all cases where this policy per-
mits or requires the Company to pro~ecute
or provide for the defense of anr action
or proceeding. Ihe Insured shall secure to
it the right to SlI prosecutt' or provide de-
fense in such action or proceeding, and .111
appeals therein, and permit It to use, at it~
uption, the n...me of ,he Insured for such
purpose. Whenever rt'quested by the Com.
pany the Insured shall give the Company
all reasonable aid in any such dction or
proceeding, in effet.ting seulement, securinJ::
evidence, obtaining wilOesses, or prosecu.
ting or defending such action or proceed.
ing, and the Company shall reimburse Iht'
Insured (or any expctl".e so incurred,
S. NOTICE OF lOSS - LIMITATION OF
ACTION
In addition to the notices requm:d under
paragraph 4 (b), a statement 10 writing of
any loss or damage for which it is claimed
the Company is liable under thIS policy
shall be furnished to the Company within
sixty days after such loss or damage shall
have been determmed. and no right of
actIOn shall accrue to the Insured under
this policy until thirty days after such
statement shall have been furnished, and
nO recovery shall be had by [he Insured
under thIS policy unless action sh31l bt,
commenced thereon within fIve year~ aftt'r
expiratIOn of said thirty day penod. Failure
to furnish such statement of loss or damage,
or to commence such action within tht.
time herelObefore specified, shall be a con-
elusive bar against maintenance by the In-
sured of any action under this policy.
6. OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have the oplion to
payor settle or compromise for or JIl the
na~e of the Insured any claim insured
agalOst or to pay [he full amount of this
policy, or, in case loss is claimed undt'f thi...
policy by the owner of tht' indehtc:dnes\
seCt.lred by a mortgage covert'd by this
polICY, the Company shall have the option
to purchase said indebtcdnt."ss; such pur.
ctl<ise, payment or tendt'r of payment of
dIe full amount of this policy, to~ether
'A i{h ,Ill COSts, attorneys' fees and expeme~
,."hich the Company is obligated hereunder
tn pay, shall terminalt" all liability of the
Company hereunder. In the event after
nmice of claim has been given to [h; Com.
pany by Ihe Insured, the Company offers
to purchase said indebtedness, the owner of
such indebtedness shall transfer and assign
'.lid indebtedness and the mortgage securing
the same to the Company upon payment of
the purchase pnce
7. PAYMENT OF LOSS
(a) The liability of the Company under
thi... policy shall in no case exceed, in all:
the anunl loss of the Insured and COSIS and
,ltlOrneys' fees which the Company may be
ubligated hereunder to pay.
(b) The Company will pay, in addition
to any loss in~ured against by tillS polino,
J.IJ co:.ts imposed upon tht' Insured in lit.i.
~dtion carried on by the Company for the
In~ured, and all CO~tS and dttorney~- fee... in
litigation carned on by the Insured with
the written authorization of the Company.
(c) No claim for damages shall arise or
be main tamable under this policy (1) d
the Company, after having receIved notice
uf an alleged defect, lien or encumbrance
not excepted or excluded herem remove~
such defect. lien or encumbranct' wlthm a
reasonable time after receipt of such notice,
or (2) for liability voluntarily assumed by
the Insured in settling any claim or suit
without. written consent of the Company.
or (3) In the event the title is rejected a~
unmarketable because of a defect. lien or
encumbrance not excepted or excluded III
this policy, uncil there has been a final
determirlanoo by a lourt of competent iuri~.
diction su~taining such rejection.
(d) All payments under this policy, ex.
cept payments made for COStS, attornt'y'i'
fees and expenses, shall reduce the amount
of the insurance pro tanto and no payment
shall be made without producing this policy
for endorsement of ~uch payment unles~
the policy be lost or destroyed, in which
case proof of such lo~~ or destruction ~hall
be furnished to the sati~fani()n of the Com-
pany; provided, however, If tht' owner of
an IOdebtedne~s ~etufl.d by a mon,ga~e
\hown III Schedule R J~ an Insured herein
then such payments sb.lI] not reduce pro
tanto the amount of lbe ill\urance affonh:d
hereunder as to such In'iureJ, except to the
extent thai such pdyment~ rt'duce the amount
of the indebtednt'Ss SeCured by such mon-
~age. Payment m full by any person or
voluntary satisfaction or release by the In.
sUled of 3: mort,gage cnvered by this policy
shall term mate .Ill ]iahillty of the Company
10 the insured owner of the indebtedness
secured by such mongage, except as pm-
vided in paragraph 2 hereof.
(e) When liability has been defmitely
fixed in accordance wiill the conditio"" of
this policy the loss or damage shall be pay.
ahle within thirty Jays thereafter,
8, LIABILITY NONCUMULATIVE
It IS expressly underslOod that the
amount of this policy is reduced by any
am?uot. the, Company r~1JY pay under an}'
pohcy iIlsuflng the validity or priority of
any nwngage shown or rderred [0 in
Schedule B hereof or any mongage here,
after executed hy the Insured which i~ a
charge or lien on the estate or inlere,t
described or referred to in Schedule A, and
the amount ~o paId sh.111 he deemed a pay.
ment to rhe Insured under thiS policy. The
provisions of thi" paragrdph numbered 8
~hall not apply to an In\ured (lwner of an
indehtedness ~eCured by a mortgage shown
in Schedule B unless such Insured acquirl'~
title to said estate or intl'lest III satIsfaction
of said indebtt'dness or any part thereof.
9. SUBROGATION UPON PAYMENT OR
SEnLEMENT
Whene\'er the Company shall have settled
a claim under this policy, all right of :.ub.
rogalinn shall vest in the Company un-
affected by any act of the Insured. and it
shall be subrogated to and bt' entItled to
all rights and remedlcs which the Insured
would have had ajtaimt ;lny perSon or prop.
erty in respect to such claim had this policy
not heen Is"ued, If the payment does not
cover the loss of the Insured, the Company
..,hall be subrogated to such rights anJ
remedies in the proportion which said pay-
ment hears to {he amoum of ~aid lo~s. If
lo'~ should re...ult from any act of lhe In.
sured, ,uch aCI ..hall not "llid thi~ policy.
hut the Comp.lOY. in that cvent. shall be
requlrt'd to p.1Y pnly tholt pJ.rt of any ]osst:'s
insured .H~;lln!'>t hl'teunder which shall ex.
ceed the :Imount. if .my. lo~t to the Com.
polnr by reason of the impairmem of the
right of .'>uhrogation The Insured. if re-
quesft'd by the Company. shall tr,\Osfer to
the Company all rights and remedies
against any person or property n('(essary in
order to perfect ,uch Ilghl of ~ubrogati(ln.
and shall permit thc Company to use the
name of the Insured III any transaction or
litigation invo]vinJ:: such right~ or remedies.
If the I nsured is the owner of the in.
debtt'dnes~ secured hy .1 mortgage covered
hy thiS policy, such (mured may release or
substitute Iht' !'er>;nod] liabi]ity of any
dehtor or guarantor, or extend or ocherwist,
modify the terms of pa)'melll. or releaSl'
a portion of the estate or interest fmm the
lit'n of the mortJ::age, or release any Col.
laterdl security for the indehtednes~. pro.
vided such act doe.~ not [esuh in any loss
of prlOflty of the lien of the mOlfgage.
10, POLICY ENTIRE CONTRACT
Any ;lCllOn or actions or right.. of action
that the Insured may ha\'e or may bring
.tgainst the Comp:\Il\' ari~inJ:: out o~ the
.~tatus of the lien of'the molt,gage covered
by this policy or tht, ,illt' of tht' e'itdle or
interest insured herein must be hased on
the provislon~ of this policy.
No provlsl(Jn or condition of thl" policy
l>ln he waived or chanJ.:cd except by writing
endorsed hereon or attached hereto signed
hy {he PreSident, a Vice President, the
Secret.lfY, an Assistant Secretary or other
\'olhdating ufflcer of the Company.
11. NOTICES. WHERE SENT
All notices required to be given the Com.
pany and any statement in writin~ required
to bt' furOlshed the Company Sh,ll1 be ad.
dressed to It a{ the office which i.'Isued thi~
pO]ICY or to lfS Home Office, 433 South
Spring S[rt'et. Los AnJ.:e]es H. California.
12. THE PREMIUM SPECIFIED IN SCHEDULE
A IS THE ENTIRE CHARGE FOR TITLE SEARCH,
TITLE EXAMINATION AND TITLE INSURANCE.
POLICY
OF
TITLE
INSURANCE
Providing direct title services Or referral
services throughout the United States and
the territory of Guam.
Title Insurance
and
Trust Company