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HomeMy WebLinkAboutD-1088 " I I , I, . Ii , I I 1 II 2 I, ,I i 3 I' 4 5 6 7 8 i 9 Ie II 12 13 14 I. l5 16 17 18 19 20 21 22 23 Ii 24 I: 25 I: :26 27 28 I I 29 Ii 30 ., !' , , ! , I I LAWLER, FELIX 6 HALL i 100 SU,U)AIlDOJLBU,lDINGI, LOS ANGELES IS ~ '.,. . . ..11361 . , f 1"" , ',L ~ ',_ -...J ..., l.., ~. (...' : ~.. -4- ...) JAMES A. NICKLIN!.. ~!-TY A'l"l'ORNE!' LAWLER, FELIX &: HJU.L. 800 standard 011 Bu1lding Los Anples 15, Calit'omia MAdison 7-5111 Attomeya tor Plaintift ,/ rf LJ}! . I --r-- -/ / .../ . \. IN THE SUPERIOR COURT OP THE STATE OP CALIl'ORNIA IN AND FOR THE COUNTY OP LOS ANGELES (, THE CI'l'lC OP ARCADIA, a munioipal corporation, No. N.E.C. C 68 Plaintitt, PINAL ORDER OP CONDEMNATION vs. CALIllORNIA BANK, a corporation, etc., et al., Detendants. Lawler, Pelix &: Hall by Leslie C. Tupper having l118de proot to the aatis.taction ot this COurt that the 8UIU of money heretofore round to be the total compensation proper to be paid to all of the de.tendanta in the above-entitled action by Nason of the tams ot that certain Interlocutory DecNe ot Condemnation heretofore entered in J'IldBJ"""'\t Book ~ Pap rlOb on Novem- ber 30 , 1960, haft been paid to said 4etendants or deposited into court tor their benefitJ NW, THEREPORE, IT IS HfWl.DY ORDERED ADJUDGED AND DECREED I That the real property described in paragraph IX ot the complaint on tlle herein and here1na1'ter descrlbed, required .tor a public use, be and the ... ls hereby condemned in tee to the OFrl~' -,"'- ~~RDSI t OSR~:~G[' L" '~lV~,L~F I ~ . . 10.,. - w. ;;. lJJO DEe 8 PH ~: 31 ... LAWLER, FELIX a HAI-L , '00 STANDARO OIL 8Ull0ING\, LOS ANGELES 15 10 11 12 1;'> II 14 15 Ii , , 16 \1 17 18 ! 19 I I 20 I: 21 I I 22 Ii I 23 I 24 ' 25 26 27 26 29 30 ." . . ' II U~\' ~ ~ , "Il I ~! 1p'_J'+! , Ii .' I, 1 \1 I I, 2 II , ;'> Ii use of plaintlff. The Clty ot Arcadia. a IILInlc1pal corporatlon. tor the conatl'tlCtion and. ma1ntenanoe ot public library grounds and. appurtenances. and tor 8117 public use authorized by law. 'l'bat the real property herein condemned in tee tor the atoreaa1d uae is descr1bed &II tollows: '!'hat portion ot Lot 3 and Lot 4 of Tract No. 6074. in the city ot Arcadia. ocnmty ot Loa Angele.~ state ot Calitom1a, u per \UP recorded in book 67 pap 83 ot Mape, in the ottloe ot the ccnmty reoorder ot Baid countJ', deacr1bed as tollows: Beg1nn1ng at the northeut comer ot said Lot 4; thenoe southerly along the euterly Une ot aaid lot. 120 teet, theaoe ...ter17 parallel nth the northwesterly line ot Bald lot, 120 teet. thence north parallel with the east line ot aa14 lot, 120 teet to Ba1c1 northwsterly line, thenoe north- easterly along aa14 north..sterly line 120 teet to the point ot beS1nn1ng. EXCEl"l' theretrom the interest in those portions ot said 18nd here1natter deacr1bed. eioh were granted tor street and ~.., PUOPO". to the City ot Arcadia, by dee4 recorded October 24, 1955 in book 49315 page 2l3~ Official Recorda, said portions being deacribed in Bald deed as tollOWlS: PARCEL 1: '!be northerly 12 teet. l118aaured at r1pJ1t angles to the northerly lot line, ot the easterly 120 teet ot lot 4 ot 'l'raot 6O'T4, Los Angelea County, as per up recorded in book 67 page 83 ot Mapa, in the ottioe ot the ccnmty recorder ot said county, and 4 5 Ii I' 6 I 7 8 9 PARCEL 2: Beg1nn1ng at a point in the easterly line of" lot 4 ot '1'nct 607~. Los ~les County. as per up recorded in book 67 page 83 ot Maps, in the ottice ot the countJ' recorder ot Bald ccnmty, distant thereoa. 12.15 teet southerly trcm the northeasterly comer ot aa1d lot 4, thence southerly along aa1d easterly line 11. n teet to a point ot tanpnoy with a cum concave to the southeast ed haYinS a rad1uB ot 10 teet, thence northwesterly along aa14 OU1'9'e 17.28 teet. IIOre or le... to a point ot tangency with a line parallel to and. l~ 12 teet distant troa the northerly lot line ot .ald lot 4) thence .&IIterly along n1d parallel line 11. n teet to the point ot beg1nnins. SubJect to an .....-nt <mar a portion ot 8aid property a8 granted to Southem Calitom1a K41son Company, a corporation, by deed recorded NOV8Iber 25. 1955 in book 49628; page 168 of" 11 II ~ -2- ... . . ~ .... ..;;. 1 I, 2 h 3 4 5 6 7 8 9 1 ~ -" J1 12 ::'3 14 15 16 '.7 :C8 19 20 21 I 22 23 24 25 , Ii 26 27 28 29 30 L:,r.1.l..::, PHI): tl HALL '.00 ST:,IHI:'ilD OIL m.ILOI',' LO~ f.r;a:Lr'J l:i . I' Ill. . ' . " ~ . JI'ficial l.ecordG in the ;Jffl.cc of said COlmt:r i\ecordey', and Gubj<!ct to the 1J50-1):)1 Clt~' and Count~. ad valoreUl taxeD upv;, the ai'orcsaid .nea.l property nnd all improveI:1Cnt3 thereon, I)Crt::!.i.ninc; to the realty acquired hcreL'1 nnd lcvlc3 sub3cquent t.11 c r~) t.~ . l1ated: ( d"" 0" Dc...........""b"~ l....'~.... ~ .J. ....\,..:L~ ,_", I .--..)\J. t111G N'4 (Ie. ,TudL;c of the Superior Court. -3- _Of ,< . ., ..... ~ ' - . . , ;(y./ IV <.J- COUNTY OF LOS ANGELES DEPART1--IENT OF AUDITOR.CONTROLLER WILLIAM H. BARBOUR. JR CHIEF DEPUTY 153 HALL OF ADMINISTRATION LOS ANGELES 12, CALIFORNIA MADISON 5.3611 J. R.PA$SARELLA.CHIEF TAX DIVISION ROSCOE HOLLINGER AUDITOR_CONTROLLER March 3, 1961 Attn: Nlcholas~ Bertrand Tax Cancellations Office of the City Attorney City of Arcadia 240 West Huntington Drive Arcadia, California Attention: Re: James A. Nicklin City Attorney Property acquired from Harold C. and Phyllis L. De~nce. Portions o? Lots 3 and 4, Tract No. 6074. Instrument 'No. 4364, Book D-lOS9, page'S46.- Dear Sir: ~ Pursusnt to your lett~r of January 13, 1961 and upon order of the Honorable Board of Supervisors dated February 14. Section 4986 1961 taxes were cancelled, according tc of the Revenue and Taxation Code by our Authorization No. SOl64. .'.' Very truly yours, -1~. j.t' ~~I~ '~h: ., ROSCOE HOLLINGER, AUDITOR-CONTROLLER a:y /) , By rl\.. h-4-~- .,-_J.J~...... J. R. Passarella, Chief Tax Division JRP:NJB:effi grm , , COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION L.OS ANGELES 12. CALIFORNIA MADISON 5.3611 , WIL.LIAM H. BARBOUR. JR. CHIEF DEPUTY February 14, 1961 J. R. PASSARELLA.. CHIEF j)~? Attn: Nicholas Bertrand Tax Cancellations ROSCOE HOLLINGER AUDITOR.CONTROLLER City of Arcadia 240 W. Huntington Drive Arcadia, California Attention: James A. Nicklin City Attorney Re: Instrument No. 4364 ~pc"Ly ~~~ed' from ~aco Inc._~ JJ- I 03'9 ~ Dear Sir: Pursuant to your letter of December 22, 1960 and upon order of the Honorable Board of Supervisors dated January 31, 1961 ~axes were cancelled, according tc Section 4986 of the Revenue and Taxation Code Authorization No. 49987. by our '\ Very truly yours, ROSCOE HOLLINGER, AUDITOR-CONTROLLER o _? /) , '. , By 1>iA.. /~..:i-4A_ LL_I.J'<...... J. R. Passarella, Chief Tax Division JRP:NJB:em grm '.' '.-.f ~ , TO 1012 f C California Land nt!. Anoclotlon Standard Covetag. rolley form Copyrllilhl1961 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 ftir this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Ins ured in Schedule A, the heirs, devisees, personal repre~ senratives 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 ex~ penses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Ins.:red shall sustain by reason of: 1. Any defea in or lien or encumbrance on the tide to the estate or interest covered hereby in the land described or referred to in Schedule C. 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; or 2. Unmarketability of such tide; 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, but 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 Scb;edule B in the order of it! priority; all subject, however~~ t8- th~ ~~di,tio~ and Stipulations hereto annexed, which Conditions and Stipulations, together with &hedUJes A; B.and C; are hereby made a part of this policy. ',.': ).,) ,'.":S ,r:/, '/("~.', '..,..... ..~~\. ~ .. . (1J'-,..0,. ." .'- .';' ",.'''.;'In WimeJj':.Whereoj, Title Insurance and Trust Company has caused its '" ::-- ~ f - ~ f' " -' t , '" ,- corporate'name and seal to be hereunto affixed by its duly authorized officers //',( ::" ~ ,< . -./ ~n the &t~ shown in Schedule A. . -, ~ ,':,:{, ~ ~ , (' ,I~-'" r ,..~ ..~ ,.' _,~ J:.',.-; -..;;.:.., ,,~ ,) ~ ~ '~I v 1 , t~ ~ , ,;,... -: :.... ,~) rj i, .': ..::"..' (...... C ,'..... t~ , , ',~ ,,~J" r ~^ -, P 1", :)"('0.' :;..~ I !J!.' ~ J' /" 1~ :) 1;1 ~Q,-. Q ...-' :;, <'v ~o~r4TE IS G"""o, -!:-....:: \ '\ S ")0oc"OOc ~v ....,-.. '+,'1 4~/Sr.Lr.s5' ~.~./ ,,\~ ~ - "",,-';";'- '''\\\'\'\''~'-~-,. Title Insurance and Trust Company by <;{~~~t', ::IDENT Attest ./fl- OVL-I f! ~v:~ ,J . ~. SECRETARY CONDITIONS AND STIPULATIONS (Includes those In the American Title Assoclotion-Owner's Policy-Standard Form 8-19601 I. . DEfiNITION OF TERMS The following terms when used in this policy mean: (a): "land"; the land described, specific- ally or by reference, in Schedule C and improvements a.Bi:.z:ed thereto which by law; constitute real property; (b) "public records"; those recoids which i~part constructive notice of matters relaring '0 said land; (c) "knowledge"; actual knowledge, not coostructive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "da'e"; the dfe<;tive date; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrue ment; and (f)' "insured"; Ibe party or patties herein designated as Insured, and if the owner of the indebtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A, Ibe Insured sha11 include (11) each successor in interest in ownership of such indebtedness, (2)' any such owner who acquires the estate or in- teIest 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 instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not. 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 a.cquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guaranteeing the in- debtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipulae tions hereof. 3, EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against Joss or damage by reason of the following: (a) Any Jaw, ordinance or governmental r.egulation (including but not limited to building and ioning ordinances) resuicting 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 ereered on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any Jot or parcel of land. (b) Governmeotal rights of police power or eminent domain unless notice of judicial action to exercise such rights ap- pears in the public records at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule C, or title to streets, roads, ave- nues, 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 spe.- cifically 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 Ibe ordinary rights of abutting owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, ad- verse claims against the tide as insured or other matters C! 1) created, suffered, assumed or agreed to by the Insured; or (,2) known to the Insured either at the date of this policy or a.t the date such Insured acquired. an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing by the Insured shall have been made to the Company prior to the date of this policy; 0' ~ 3) ,esulring in no loss to the Insured; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a. purchaser or encumbrancer for value with- 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 (1) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured., or defenses, restraining orders, or injunctions interposed. against a foreclosure or sale of the indebted- ness secured by a mortgage covered by this policy or a. sale 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 mort- gage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in case knowledge shall come to the In- sured of any claim of title or interest which is adverse to the title of the estate or interest or lien of the mongage as insured, or which might cause 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 contract to sell the indebtedness se- cured by a mortgage covered by this policy, or, if an Insured .in' .good faith leases or contracts to se1l5Ieise~or' ~n8a8idh6 same, or jf the successful biader~at a foreclosure sale under a mortgage covered by this policy refuses to purchase and in any such event the tide to said estate or interest is rejected as unmarketable, the Insured shall notify the Company thereof in writing. If such notice sball not be given to the Company within ten days of the receipt of process or plead- ings or if the Insured shall not, in writing, promptly ootify the Company of any defect, lien or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Company' of any such rejection by reason of claimed unmarkete ability of title, then all liability of the Com- pany in regard to the subject matter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the clairg of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company sha11 have Ibe 'ight at its own cost to instirute and prosecute any action or proceeding or do any other aa which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mortgage as insured; and the Company may take any appropriate action under the terms of this policy whether or not it shall be liable there- under and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or provide for the defense of any aaion or proceeding, the Insured shall secure to it the right to so prosecute or provide defense in such action or proceeding, o.nd all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company the Insured shall give the Company all assist- ance in any such action or proceeding, in effecting settlement, securing evidence, ob- taining witnesses, or prosecuting or defend- ing such action or proceeding, and the C01Do pany shall reimburse the Insured for any expense 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 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 Joss or damage shall have been determined 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 the Insured under this policy unless action shaH be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to com- mence such action within the time hereine before specified, shall be a conclusive bat against maintenance by the Insured of any action under.this"Policy.' " (Conditions and Stipulations Continued. and Concluded .on Last Poge of This Policy) .,. .' ." " ., TO 1012 AB C California Land Title AssocIation Standard Coverage Policy form Copyright 1961 SCHEDULE A Premium $/03. oCJ Amount $ 45,000.00 Effective Date December 20, 1960, at 7 a. m. Policy No. 5313293 INSURED CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF ARCADIA, a municipal corporation. 2. The estate or interest in the land described or referred to ill Schedule C covered by this policy is a fee. SCHEDULE B This policy does not insure against loss or damage by reason of the following: PART I 1. 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. 2. Any facts, rights, interests, or claims which are not 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 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. rj~ TO 10128 Cont. C Collfornio land Title Anodatlon Standard Coverage Policy Form Copyright 1961 S C H E D U L E B - (Continued) PART II . 1. General and special county and city taxes for the fiscal year 1960-1961, (Parcel No. 5782-2-2) amount $890.67. First installment $445.34, plus penalty of $26.72. 2. An easement for poles and incidental purposes over a strip of land 10 feet wide, the center line of which is described as follows: Beginning at a point in the northerly line of said land distant westerly 13 feet from the easterly line of said land; thence southeasterly to a point in said easterly line, distant northerly 36 feet from the southerly line of said land, as granted to Southern California Edison Company, a corporation, by deed recorded November 25, 1955 in book 49628 page 168, Official Records. . , TO I012C-10!i6C C Amarlcon Tille Association loon Policy Addltlonol COV8l'"os--october. 1960 " California land Title Association Standard Coyeroge Policy-1961 SCHEDULE C The land referred to in this policy is situated in the county of Los Angeles, state of California, and is described as follows: Those portions of lots 3 and 4 of Tract No. 6074, \in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 67 page 83 of Maps, in the office of the county recorder of said county, described as a whole as follows: Beginning at the northeast corner of said lot 4; thence southerly along the easterly line of said lot, 120 feet; thence westerly parallel with the northwesterly line of said lot, 120 feet; thence north parallel with the east line of said lot, 120 feet to said northwesterly line; thence northeasterly along said northwesterly line 120 feet to the point of beginning. EXCEPT therefrom the interest in those portions of said land hereinafter described, which were granted for street and highway purposes to City of Arcadia, by deed recorded October 24, 1955 in book 49315 page 213, Official Records, said portions being described in said deed as follows: PARCEL 1: The northerly 12 feet, measured at right angles to the northerly lot line, of the easterly 120 feet of lot 4 of Tract No. 6074, Los Angeles County, as per map recorded in book 67 page 83 of Maps, in 'the office of the county recorder of said county, and PARCEL 2: Beginning at a point in the easterly line of lot 4 of Tract No. 6074, Los Angeles County, as per map recorded in book 67 page '83 of Maps, in the office of the county recorder of said county, distant thereon 12.15 feet southerly from the northeasterly corner of said lot 4; thence southerly along said easterly line 11.71 feet to a point of tangency with a curve concave to the south- east and having a radius of 10 feet; thence northwesterly along said curve 17.28 feet, more or less, to a point of tangency with a line parallel to and lying l2 feet'distant from the northerly lot line of said lot 4; thence easterly along said parallel line 11.71 feet to the point of beginning. l , 3' 11:> . ~ f/08,6 ,Ave cL ~g,f'/::fioc:. 0) ~'" \.. . ~~ OM ~ ~ /3 Iii " 0) "- '" /2 N '" 0) //1 {'I. 8/.01'&' /00 L ;:: " '" N 6':!? 0 3 N '" 0 N qO !lO /67.24- , 347. 24- " 7 t:<:> '" Z 0 '" ' N N N 'I _ .. "l '" , , I /00 34-7,24- . 9/.f/7 / Z4Z /01.Z4~ ,,'-'rE /0/ 4Z /0. ~ OU...,.... Z4Z /o/.z4,Z . I S. f/2.378 /0/. I I f/8.4 " I I , I I I I , I I , , !tl I I II ~ /0 ~ 8: ~ 8 ~ I~ : ti 0) ~ I" I I I I I I I 0 I 80 I 60 140 /00 WEST 1/7 ~ ~ltlij . to i;j-J): 'ilI> ~'.l:' ~....o "-Jo,$ ~~ TRACT Nl2 6074 THIS IS NOT A SURVEY OF THE lAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. , ~ - ~ It ~ J <:> "1 '" - ~ ~ It Ii) .. .' . CONDITIONS AND STIPULATIONS (Continued ond Concluded From Reverse Side of Policy Foce) 6. OPTION TO PAY, SrnLE OR COMPRO- MISE CLAIMS , The Company shaH have the option to payor setde or compromise for Ot 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 by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such pur~ chase, payment or tender of payment of the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Company by the Insured, the Company offers to purchase said indebtedness, the owner of such in- debtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. . 7. PAYMENT OF LOSS (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 Company may be obligated hereunder to pay. (h) The Company will pay, in addirion to any loss insured against by this policy, all costs iml>osed upon the Insu.red. in litiga- tion carried on by the Company for the In- sured, and all costs and attorneys' fees in litigation carried on by the Insured 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 encumbrance not except~d or excluded herein removes such defect, lien or encumbrance 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 written consent of the Company, or (3) in the event the title is rejected as urunarketable because of a defect, lien or encumbrance not excepted or excluded in this policy, until there has been a tina1 de-- termination by a Court of competent juris- diction sustaining such rejection. (d) AU payments under this policy, ex- cept payments made for costs, attorneys' 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 such payment unless the policy be lost or destroyed, in which case proof of s\.1ch loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however, 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 amount of the insurance afforded hereunaer l\s to such Insured, except to the extent that $uch payments reduce the amount of the: indebtedness secured by such mort- gage. Payment in full by any person or voluntary sadsfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability bas been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay- able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule B hereof or any mortgage here-- after executed by the Insured which is a charge or lien on the estate or intetest de- scribed or referred to in Schedule A. The provisions of this paragraph numbered 8 shall nOt apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfac- tion of said indebtedness or any part thereof. 9. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss oc- curs after an alteration or improvement sub- sequent to the date of this policy, and only in that event, the Insured become$ a co- insurer to the extent hereinafter set forth. If the cost of the alteration or improve-- ment exceeds twenty per centum of the amount of this policy, such proportion only of any partial loss established shall be borne by the Company as one hundred twenty per centum of the amount of this policy bears to the sum of the amount of this policy and the amount expended for the alteration or improvement. The foregoing provisions shall not apply to costs and attorneys' fees incurred by the Company in prosecudng or providing for the defense of actions or proceedings in behalf of the Insured pur- suant to the terms of this policy or to costs imposed on the Insured in such actions or proceedings, and shall not apply to losses which do not exceed, in the aggregate, an amount equal to one per centum of the face amount of this policy. Provided, however, that the foregoing coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the then value of the premises, as so improved, does not exceed the amount of this policy, and provided further that the foregoing coinsurance provisions shall not apply to an insured owner of an in- debtedness secured by a mortgage shown in . Schedule B prior to acquisition of title to said estate or interest in satisfaction of said .indebtedness or any part thereof. ", (b) If the larid described or ~eferred to in Schedule C.is divisible into separate and noncontiguous' parcels, or if contiguous and such parcels are not used as one single site, and a loss is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the face amount of the policy was divided pro rata as to the value on the date of this policy of each separate inde-- pendem parcel to the whole, exclusive of any improve!llems made subsequent to the date of this policy, unless a liability or value has otherwise been agreed upon as to etlcb such parcel by the. Company and the Insured at the time of the issuance of this policy and shown by an express statement herein or by an endorsement attached hereto. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have set- tled a claim under this policy, all tight of subrogation shall vest in the Company un- affected 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 prop. erry in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such rights and reme-- dies in the proportion which said t>ayment bears to the amount of said loss. If loss should resulc 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 property necessary in order to perfect such right of subrogation, and shall per- mit the Company to use the name of the Insured in any transaction or litigation in- volving such rights or remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may- release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any col~ lateral security for the indebtedness, pro. vided such act does not result in any loss of priority of the lien of the mortgage. 11. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising oue 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 provisions of this policy. No provision or condition of [his policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Sec- retary, an Assistant Secretary or other vali- dating officer of the Company. 12. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing re-- qui red to be furnished the Company shall be addressed to it at the office which issued this policy or to its Home Office, 433 South Spring Street, Los Angeles 54, California. 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TInE SEARCH, TITLE EXAMINATION AND TITLE . INSURANCE. POLICY OF TITLE INSURANCE Offering complete title services throughout the state of California with ;ust one local call. Complete title services also available in the states of A.laska. Nevada, Oregon and Washington through subsidiary Companies. " Title Insurance and Trust Company Home Office 433 South Spring Street Los Angeles 54, California -: