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HomeMy WebLinkAboutD-1600 "\ ..Z7:;~~97/JA '0 1\ t, 7:;;1':"-97.;2 No.. City Clerk \ P;'p. BOl< 60 Ar~adia, Calif. " \ ..... ~ . .- , ...... Slreet Add,... City & SIClleL Nam_ Str..t Addr." City & $Ial. ... Z '" ::; '" ~ 8 o z . >- () Z LU ([) < () ::J co ::0 a.. . , . r ""'. . , p -( I , '. . " ... . 'RECORD'NG REQUESTED BY -Sl 03939 r G 303 [)- /ttoo CITy'-OF-iiRCADIA 73 I RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF, FOR TITLE INSURANCE & TRUST CO, MAR 141968 AT 8 A.M. RAY E, LEE, County Recorder ~ 1 City \ MAIL TAX STAtEMfNTS TO i o.~ Arcadia SPACE ABOVE THIS LINE FOR RECORDER'S USE OJ S, ,j 3,f'S-- I / .~- ./;" ," .-0- ~ L ~ AFFIX I.R.s, $........ ...........IN THIS SPACE I FREE 'V 5l Grant Deed I TO 40Ji C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MABEL A. TAYLOR, a married woman, as her separate property, * o f-'o cT '<: o ...., df/lereby GRANT(S) 10 the CITY OF ARCADIA, a Municipal Corporation, . 1# FEE . i I"l~B eaeemr'Rt for publ1.c street and road purposes, to become a part (Ar'as Baldwin Avenue, in, on, upon and across of and to be known :I> >-j () P> 0. f-'o P> the following described real property in the County of Los Angeles Parcell: The easterly 12;00 feet of the North 50.00 feet of Lot 4 in Block "R" of Santa Anita Land Company Tract; in the City. of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 6, Page 137 of Maps, in the office of the County Recorder of said County. City of Arcadia, , State oE California: 10> m Vl n ~ t" ::! 0 ~ ( - "" ,. ;0 ( :j , ,.' r'1 C '" " tll -< , I I Parcel 2: The easterly 12.00 feet of the southerly 100.00 feet of Lot 1 in Block "R" Anita Land Company's Tract, in the City of Arcadia, County of Los Angeles California, as per map recorded in Book 6, Page 137 of Maps, in the offic~ County Recorder of said County. of Santa State of of the Dated deL [r , (c;~l ~1~e~lo7h/ STATE OF CALIFORNIA } COUNTY OF LOS ANGELES 55. On ~ - I.... - ~~ before me, the under- signed, a Notar} Public in and for said State, personally appeared Mabel A. Taylor to be the per$on_whose name instrument and acknowledged tha WITNESS my h nd a d official seal. . known to me subscribed to the within xecuted the same. ~ ~;. .... ~ . - - - -.-.........- Signature .IEAf: R!GGS rr NOTARY Pl.;cUC, (ALJFORNI/~II~ Pr<iNCiPAl OFFICE iN LOS ANGElES COUN ry I ~/ JEAN RIGGS My Commission Expires April 5 1960 Name (Typed or Printed) - . . ... ... -;. ;'-... ... . . ... ....-- T (ThI~ uea fOl" oml"I.1 notlTial lIeal) Title Order No, Fscrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE \t ',' > " _I" '" ~ I ':: o!) CERTIFICATE OF ACCEPTANCE ~K 03939 rc 304 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 March 6, 1968 , from or executed by Mabel A. Taylor , is hereby accepted by the City of.Arcadia by the order or authorization of the City. Council of the City of Arcadia contained in~Reso1ution 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. r--~/ V City an The document thus described is hereby a4;//~4 City Engineer approve~ as to form. -~~ City A .tor~ ~ ~ -.J ~ ,i[ '.' GRANT DEED ~ , . " "J \ ! l .' , , . '" :~ Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL .. - . ~ '. GRANT DEED Title Insurance . and Trust Company ~~ COMPLETE: STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL j,' ........ / '.. iI .) .-b-.;: \ , 4t" , , , . , ' ...~, .", MARK H. BLOODGOOD AUOITOR.CONTROLLER , . " . ..... ~. , .. < .< COUNTY OF kOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HAL.L OF ADMINISTRATION LOS ANGELES. CALIFORNIA 90012 625-361 1 March 19, 1969 RECEIVED MAR 25 1969 Ci ty of Arcadia 240 West Huntington Drive Arcadia, California .91006 .CITY OF ARCADIi-\ CJTY ATTORNEY Attention: Robert D. Ogle City Attorney Re: BALDWIN AVENUE PARCELS NOS. 8 and 9 Gentlemen: Pursuant to your letter dated May 9, 1968, taxes have been cancelled in acc~rdance with Section 4986 r:>r the Revenue and Taxatir:>n C:>de. This cancel- lation was ordered by the Honorable Board of Super- visors Oct. 29, 1968 by Auth"rization No. 06334. Very truly y~urs, ~ffiRK H. BLOODGOOD,. Auditor-Controller (j(..f2.J <t~' t~ I3'J . J. R. Passarella, Chief Tax Division JRPjEMP/ejrl ~. h ROBERT A. GILL CHIEF DEPUTY J. R. PASSARELLA, CHIEF. TAX DIVISION , "'- ,., .( f L ... ~ . CITY COUNCIL DON W. HAGE MAYOR City of Arcadia C. ROBERT ARTH MAYOR PRO TIE'" EDWARD L. BUTTERWORTH ROBERT J. CONSIDINE JAMES R. HELMS. JR. -I 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H. COZAD CITY "'''NAGlER CHR1STINE'IAH M"ANEH CITY CLERK May 9, 1968 Mr. 500 Los John R. Passarella, West Temple Street, Angeles, California Auditor-Controller Room 153 90012 Attention: Eleanor Parker; Tax Cancellation Section Subject: Request for Cancellation of Taxes Baldwin Avenue Parcel Nos. 8 and 9 Dear Mr. Passarella: Please cancel as of the date of recording all taxes on the property described in the enclosed copy of deed. This prop- erty is part of a larger parcel acquired for street widening purposes. There is no building on it. Very truly yours, RDO: jh Enc. . 1- MAILING ADDRE;;SES CITY HALL P. O. BOX 60 91006 LIBRARY 20 W. DUARTE ROAD 91006 POLICE DEP-'RTMEN'f p, O. BOX 60 91006 FIRE OEF"ARTMENT 710 S. SANTA ANITA AVE. 91008 TELEPHONES 44e.4471 . eBl.Q276 446-7111 447-Zl21 448.2128 - ",..t,!y..;. TO 1012-1 f C Caljfornia land Tille AS50ciotiofl Standard Coverage Policy Form Copyright 1963 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 dilte, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirsl 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 scated in Schedule A, rogerher with C~sts, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall susrain by reason of: 1. Any defect in or lien or encumbrance on "the titlt: to'-the '~state" or 'interest covered hereby 'in the land described or referred to in Schedule C. existing at the date hereof, not shown or refem:d to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unrnarketability of such title; or 3. Any defect in [he execution of any mortgage shown in Schedule B securing an indebtedness. the ow(ler of which is named as an Jnsured in Schedule A. but only insofar as such defect affect:> the lien or charge of said mortgage upon the l"state or interest referred to in this policy; or -1. 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 rriortgage beitlg shown in Schedule B in the order of its priority; . . """'~''''''''''. f h d I Add all subject, howeve!~t'o tI-ie provlslq,ns 0 Sc e u es ,B an C an to the Conditions and Stipulations hereto annexcd~~CE AND r~J~\\111 - ~r 0000000 "oS' / ;- V oO~E IS PROooo J- /1 .::!<t> oo-?..o (If.l1l"~ )-^.oJ>o" ~ . . ::r ~ oo~ q.~(l~1jllERln'JJK~Jness~Wlhe,.eofJ Tltle Insurance and Trust Company has caused lts ~ ,":: 00 ~ ,}... tcJ'ip6ra~/riai'ir'e f~d seal to be hereunto affixed by its duly authorized officers ';1 ..., o(---J~.......~~ \.~ \"r<"-.:-'" u .-0 fJ ~ -I oL~ -on-tlie.date'shown,in Schedule A. ,.. I- 0 ,Eli '. !Y1I~'"'" ~ % ~ _ D~ ~4.41t ~ g Z ~ ~ l- ~ -/~~i\d '.=g ~ ~ ~) {< oo-:S.;"~.;'''-.-~J!$~';>oo * ~ '1 00," I: ~~..--_- -- :- ~oo ~ III (0 00;7ATE IS (,0';00 ~"5 III oS' -4 00000000 ~~v -=- \\\\ NGELES, .;::--= \\\\,\",,,~"" Title Insurance and Trust Company by ~~ ~SIDENT Allesr CJLu H-~ . SECRETARY ;.t,~ " CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS " The following terms when used 'in this' policy mean: (a) "]and": the'land described, specific- ally or by reft'"ft:nce,' in" Schedule 'C and improvements affixed thereto which b{ law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed [0 the Insured by reason of any public records; (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 in- debtedness secured by a mortgage shown in Schedule B 'is .named as .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 interest 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 guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or.. .any part thereof. whether named as an insured herein or not, subject otherwise 'to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured, owner of the indebtedness secured by a mortgage described in Sched- ule B acquires' said estate or interest, or any part thereof, by foreclosure, trustee's sale, or other J(~gal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by [his 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 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 ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on 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 renJrds at the datt: hereof. (c) Tide 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 l1l:tintain therein vaults, tunnels. ramps or any mher structure or improvement; or any rights or easements therein unless this policy specific- ally provides" that such property, rights or easements are insured, except lhat if the land abuts upon one or more. physically open streets or highways this policy insures the ordinary rights of abuttin,l: owners for access to one of such streets or highways. unless otherwise excepted or excluded herein. (d) Defects, liens, encumbranct:s, adverse claims against the title as insun:d or orher matters (1) created, suffered. assumed or agreed to by the Insured claimin~ loss or damage; or (2) known to the Insured Claimant either at ,the dale of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the puhlic records. unless disclosure thereof in writin~ hy the Insured shall have been made to lhe Com-' pany prior to the date of this policy; or (3)'. resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequem 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 .ill 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 mort- gage and indebtedness covered by thi.~ pol iq or a sale of the estate or interest in said land; or (2) for such action as m.ty he 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 in- sured against by this policy, and may pur- sue any litigation to final delermination in the c.ourt of lasl reson. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in.'case knowledge shall com'e to the in- sured of any claim of title or interest whi(."h 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 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 in- debtedness secured by it mortgage ,-'lI\"ered by tl-iis policy, or, if an Insurc.:d in good faith leases or contracts to st:ll, ka~t. or mortgage the same, or if the ~llcccssful bidder at a foreclosure sale undL'r a mort- gage covered by this policy refuses to pur. chase and in any such event the tilk: to said estate or iorerest is rt:jected as un. marketable. the Insured shall notify the Company thereof in writing. If such r.GliCL' shall not be given to the Company ''\'ithin ten days of the receipt of process or plead- in'gs or if the Insured shall not, in writing. promptly notify the Comp.lOY of any de- fect. lien or encumbrance insured ag;tinst 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 un- marketability of title. then ;lil liability of the Comp'any 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 claim of any Insured unless the Company shall be actually prejudiced by such failure and then only t(l the extent of mch prejudice. (c) The Company shall have the right at its own cost to institute and prosecute .toy action or proceeding or do any mher act which in its opinion may he necessary or desirable to estahlish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may take any appropriate action under the terms of this policy whether or not it .~hall he liable thereunder and shall not therehy cuncede liability or waive any provision of this policy. (d) In all case_~ where this policy per- mits or requires the Company..w prosecute or provide for the defenst' of any action or proceeding. the Insured shall secure (0 it the right to so prosecute or provide de- fense in such action or proct'eding. and all appeals therein. and permit it to use, at it~ option. the name of the Insured for such purpose. Whenever requested hy the Com- pany the Insured shall give the Company all ft"asonable aid in any such action or proceeding, in effecting settlement, securin,L: evidence, obtaining witnesses, or pros{,'cu- ting or" defending such action or procced- ing, .\OJ the Company sh;1l1 reimhurse the Insured for any expense S(l incurrcd. , / 5, NOTICE OF LOSS - LIMITATION OF ACTION In addition to tht: notices required under paragraph 4 (h), a statement in writint; of nny loss or damage for which it is cl.limeJ the Company is liable uoder this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined. and no rit;ht of action shall accruc to [he Insured under this policy until thirty days aher such statement shall have been furnisht'd, and 00 rt'wvery shall be had by the Insured under this policy unless ;lction shall be commenced thereon within five year.~ aftcr expiration of said thirty dar period. Failure to furnish such statement 0 loss or darnagL'. or to commenct' such ;Inion within the time hereinhefore spccified. shall be a con- c1usi\'l' har against maintenance hy tlw In. sur<.:d (If any action under this plllil'Y. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to pay pr .~dtle or compromise for or in tht" name of tIlt' Insured any cLlim imul"l'd :.I~aill'l or to pay the full al110unt of thi~ policy. or, in case loss is cl.tim<.:J untkr thi, I'oliq. by the owner of the indc.:btL,Jnt.." secured hy a mortga~l' covc.:rt"d ky [his pulicy. the Company shall have tht, option 10 purchase said indehtedness; :-.uch pur- chase. p:.lyment or tender of pilyrnent of (Conditions and Stipulations Continued and Concluded an Lost Page of This Policy) c >, .. ~ < ,< -, ~" -,. 1-' ; ~ ~ . f, " " " '," '- .., TO 1012-1 AB C California land Title Auoclatlan Standard COYllragit Pallcy-1963 SCHEDULE A Premium $4 7. Sa Amount $ 2,000.00 Effective Date March 14,1968 at 8 a.m. INSURED Policy No. 6725972 CITY OF ARCADIA, a municipal corporation. L Title to the 'estate or interest covered by this policy at 'the date hereof IS vested m: 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 'Ibis policy does not insure against loss or 'damage by reason oi 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 0 correct survey would disclose. and which are not shown by the public records. 5. Unp8tentcd mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3D A.-" " , . '(.: ,-- .(' '~. .", ",. r. ~, .. TO 1012-1B o,n'. C CalifornIa land Tm_ Auodatlan Standard Conrail_ Pc)lIcy-1963 S C H E D U L E B - (Continued) PART II 1. General and special county and city taxes for the fiscal year'1968-l969, a lien not yet payable. General and special for the fiscal year Second Installment county and city taxes 1967-1968, : $214.73 Parcel No. 5383-24-14 2. A right of way for laying and operating a pipe line for conveying water to and through said property, as reserved in the deeds from Santa Anita Land Company, a corpora tion, r'e- corded in book 2516 page 204, in book 2514 page 225, and in book 2577 page 297, of Deeds. All of which instruments were recorded prior to February 15, 1950. 3. Covenants, conditions and restrictions in the above recorded instrument. ~. An action in the Commenced Entitled Superior Court February 9, 1968 City of Arcadia, a municipal corporation vs. Bri tta t;:, Albert, et al., 926351 county of Los Angeles .. public use Parcel 9 Case No. Nature of Action Affects Notice of the pendency Recorded of said ,action was February 9, 1968 in book M-2772 page 966, Official Records ~" \:0, " '1-_ -II... 1: ~ TO 1012-1-1~lC C American Land Tille Association Loon Policy Addilional Coverage- 1962 0' Californio land Tllle Association Sfandard Coverage Policy-1963 ~ SCHEDULE C The land referred to" in this policy is situated in the county of Los Angeles, state of California, and is described as fo"llows: The easterly, 12.00 feet of the North 50.00 feet of lot 4; in block "H' of Santa Anita Land Company Tract, in the city" of Arcadia, county of Los Angeles, state of California, as per map recorded in book 6 page 137 of Maps, in the" office of the county recorder of said county. . , . - ~ " ~ "He . '1-. -" \' ~ . . r ~,. { BLOcK 1-1 .5:41NTA ANITA LAND COMPANY:5 TRACT JII' ~:~ ". I!I - -+- ~~LEMON -/'" ~ ~(~dJftlJj.!!\YI - /I z;o%> "'---.>- - -AVE.- ~. a - .."" /. ,,1I'l!!'%\~ ..-,..,..'''''., ,'" ---...:S:~;..,"?fr\.....o ... .. "'rr ~. 1.~~'S:f:P' ,~. '.2 ,~.,y't"/I~""'~ 7Q I - a iff , i 1.........- ~.,w,.",.""~, ."..f:,~,<14"~~-"':1' ~'*'~,~-''+. ,/',')j\::' ~" <<.", '~<);,; .: . :, '~--~--.I.-~--: '~-7- -I --: - i' '\"', \ --L-( \. \~: I ' '....... t..;........( . ......;..1'-..>1 I ,. 1';"$6,,..,.,.. " l.:.:;"'-j-'>il.. - \i \ '.. ' ~ f' ~ F( 1~1"';;; U<l r , I ' ~ ;'~. L. .;;;;; ~..iL tit l~, ~!ls~T.'d-. IlL \ ~, ~ " It-~4'i''-1 '-' -"'~--l..';''''' - . ';j.', , ;"":;v~,.,' '<;...... . " , ,./"""il,,, _ _ ~ _ _ _ _.",-:- " ,.J fYI1, I Tv1y'T 7111 LT}'f .a "Jl /.. ..' I ~ I 1\<... -Ill I r....\ II ,,~',:\lr"'., / T T. ~ ~ ; - .:;,~. 4 1 5 I . 1'\..... 'I ;..\(;,;#11 \..\ 1""-1 ..... ;" j" > ~,\ 1'~~~~- -l- ~ f..:. -+ _ -+ ='~r;~~~J~J '"../' , ~ .:ll! Ai" ;, ~: __~~~-:JL~A~_~~_-h~_ ) ,1.. ~. \".i............ ......~ i~0"'OQ-'~~J ~b i.;' - ~~o if} ',C"/E~W' ji"\ ""]} .' j" '~-t?'fl~ ~~ - -- . \1"~.. ~ h'-;';;;' ':-.. .U) <(@)r.-W" ,~~ ~':~~~ 't~~~~; ~ ii P'- I -I II ,,..,, 1 ~ 8 · l.r '\..<; 0'- --, I;' " ,;, i' \: ~ ~n I"~ ~-~=r- ~ c--3_-[(~-~.,- --~ .lJoIXJ, 6'p"7" Jf7 ~ --.-....., '.' .--.... --; r -LONG'c:;u~:/'V--- -------. ----~ - ---(sAN ~~~;~_. li ~ o . . " . ' ") I 'Z ~ l:l ~ oil; 2QJ J 2~ '32 294 55 -~ I -- Aa:e:,---- . a.~ -r IJ- @ This is not a survey of the land but is compiled for information by the Tifle Insurance and Trust Company from data shown by the official records. , , , ..- , , ,. CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Foce) the full amount of this policy, together with all costS, attorneys' fees and expenses which the Company is obligated hereunder ((I pay. shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given ro the Com- pany by the Insured, the Company offers to purchase said indebtedness, the owner of sllch indebtedness shall transfer and assign said indebtedness and the mortga~e 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 aiL the actual loss of the Insured and COStS and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in additioo to any loss insured against by this policy. :.111 costs imposed upon the Insured in liti- ~ation carried on by the Company for the Insured, and aU 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 he maintainable under this policy (I) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein remove.~ 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 unmarketable because of a defect. lien or encumbrance not excepted or excluded in this policy, until there has been a final determination by a court of competent juris- diction susfaining mch rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys' fees and expenses, shall reduce die amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of 'such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mort~a~t" shown in Schedule B is an Insured herein. thl;n such payments shall not reduce pro tanto tht" amount of the insurance afforded hert"under as to such Insured, except to tl1(;' extent rhat such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company (0 the insured owner of the indehtedness secured by such mortgage, except as pro. vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be 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 Insurl;d which is a charge or lien on the estate or interest described or ceferred to in Schedule A, and the amount so paid shall be deemed a pay. ment to the Insured under this policy. The provisions of this paragraph numbered R shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquire~ title to said estate or interest in satisfaction of .said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall ha...e settll;d a claim under this policy, all right of sub- ro~ation shall vest in the Company un. affected by any aa of the Insured, and it shall be subrogated to and be entitled to all ri~hts' and remedies which the Insured would have had against any person or prop- erty 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 remedies in the proportion which said pay. ment hears to the amount of said loss. If ]()~S should result from any act of the In- ~ured, ~uch act shall not void this policy. hut the COOlI'any. in th.lt en'nt, shall be rt'quired t(1 pay only that pan of any losses insured aJ::ainst lll'reunder which shal] ex. ceed till' 'amount. if any. lost tll the Com. pany oy reason of the impairment of the right of subro.J::ation. Tht. In.~ured. if re, qut'steJ hy the Company. shall transfer tp the Company all ri.J::hts and remedit.s against any person or property nt"cessary in order tll pl:rfl'ct sut-h right of subrogation. and shall permit the Company to use tht. name of the InsureJ in any transaction or litigation involving such rights or rl;Jlledics. If tht, Imured is tht" owner of till' in- debtednt'ss st"Cured hy a mortgage covered by this policy. such Insured may release or substitute tht' personal liability of ;Iny dehtor or ,guarantor, or extend or otherwiSl' modify the terms of payment. or release a portion of tht' estate or inrerl;st from tht. lien of the mortgage. or relt:~I.~e any co]- l.1teral security for the indehtl'dnes~, pro- vided such act does nor rt'suh in any loss of prillrity of the lien of tht" mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of ;lction that the Insured may have (If may hring against the Company .uisinp; nut of the status of the lien of the mong,lge c(lvl;rt'd hy thi~ policy or the titk of the estate or imcf('st insured .herein must ht" hilsed on the provisions of this policy. [\.1(\ provision or condition of this policy C.1n b.... .....aived or changed exct"pt by writinj.: t'nJor,c:J hereon or :Htacht"d hereto signed h\" the President. a Vicl; President, the S~cn:t:lry. an Assistant Secretary or other \'alid,ltin~ officer of the Company. 11. NOTICES, WHERE SENT All notices requirt"d to bt' ginn {he Com- pany and any statement in writing rt'quirt.J to hc: furnished tht' Company shall he ad- dressed to it at the office which issued this policy or to its Homt" Office. .133 South Sprinj.: Street, Los An1(t'!es H. California. 12, THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. @ Title Insurance and Trust Company FOUNDED IN 'eg", POLICY OF TITLE INSURANCE , Offering complete title services throughout the state of California with just one local call. Complete title services also available in the states of Alaska, Nevada, Oregon and Washington through subsidiary Companies. Title Insurance and Trust Company Home Olliee 433 South Spring Street Los Angeles 54, California ". ~ a'-T-;.-'f~.f'~1 JL'/c 0-0 TO 1012-1 F C California land Tille Association Standard Coverage Policy Form Copyright 1963 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 dare, 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 qissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with COSts, arrorneys' fees and expenses which the Company may become obligated co pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title.: to-the ~slate. or 'interest covered hereby in the land described or referred to in Schedule C, I:xistin~ 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; (Jl 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, 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 .t Priority over said mortgage, at the date hereof, of any lie~ or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Cunditions and Stipulations, said m'ortgage being shown in Schedule B in the order of its priority; - all sub). ect, however~1~)~~p~),~isions of Schedules A, Band C and to the Conditions and Stipulations ...- ~ "\\\ hereto anne",e!!'" ...."C<- AND .,~,. \\1 ;' <\r 0000000 v.s- I ;' 'V.,.. ooo~~ IS P,?Oooo l' Ij ~ (Ij 0 ~O <>.l'ohl. 1'.....0_ F\ Ih f . . f:t ~ oo~ ~q..<>'~tlREi{n~,...W1Jness.cJP; efeo, Title Insutance and Trust Company has caused ItS. ;..! ... 0 ~ . ~ ,,",. .., 0 - "d I b h ff. db. d I h. d ff. ;i1 'oO 0 J...;, ~ --/' cOfPorate1name an sea to e ereunto a lxe y Its u y aut onze 0 lCetS % ... 0" r ~~ ,~, 0 "" 'I ~ ....J OL, ' ..on/,Uie,date shown,in Schedule A, ~ I- 0 -- ~Q ~ ~ ~ _ o-=>..~. ~ 0 Z % rJ.....o -r 0 I! ~ o,.~!ib'. I _,0""<% ~ o-"':?i~~~ ) ,Q~ ~ ~ ~ 007", -::},f- 0"',,\0 '* j: ~I (0 ~ ..'----- 'I-~o :: 'I 0 oO~,.ATE IS (,"000 ~';: 11\ ~.</ 00000000 'V~" ..:: \\\\ NGELES, .;::--= \\\\'-"""'~ Title Insurance and Trust Company by ~~ ~SIDENT Allest 0W H-~ SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS . The following terms when used -in this policy mean: (a) "land"; the land described, specific- ally or by refert'nce, in-'Schedule -C and improvements affixed thereto which by'- law constitute real property; (b) "public records": those records which impart constructive notice of matters relating to said .land; (e) "knowledge" actual knowledge, not constructive knowledge or noriee which may be imputed to the Insured by reason of any public records; (d) "date": the effective date; (e) "mortgage"; mortgage. deed of trust, trust deed, or other security instrument; and (f) "insured"; the party or panies named as Insured, and if the owner of the in- debtedness secured by a mortgage shown in Schedule B is named as. an Insured in Schedule A, the Insured shall include (I) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest 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 guarantor under an insurance con- trace or guaranty insuring or guaranteeing said indebtedness, or. any part thereof, whether named as an insured herein or not, subject otherwise 'to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof. by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, or any part thereof.' or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage coyered 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 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 z.oning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on 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. (c) Title to any property beyond the lines of the land expressly desctibed in Schedule C, or title to Streets, roads, ave- nues, lanes, ways or waterways on which such land abut.~, or the ri,l:ht to maintain therein vaults, tunnels. r:tmps or any other stnKture or impro.....ement; or any rigbts ur easements therein unless this policy specific- ally provides' that such property. rights or easem<:nts are insured. except that .if the land abuts upon one or more. physically open streets or hi~hways this policy insures the ordinary rights of abuttin,l: owners for access to one of stIch streets or highways. unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances. adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insurea Claimant ac- quired 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 Com- pany prior to the date of this policy; or (3) resulting in no loss to the Insured Claim- ant; 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 mort- gage and indebtedness covered by this policy 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 mort- gage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance in- sured against by this policy, and may pur- sue any litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or ddense interposed, or in case knowledge shall come to the In- sured of any claim of title or interest whkh 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 which the Company shall or may he li;lble by virtue of this policy, or if the Insuted shall in good faith contract to sell the in- debtedness secured br a murtgage cm-ered by this policy, ur, i an Insured in j{ood faith leases or contracts to sell, lease or mortgage the sall)<:" ur if the successful bidder at a foreclosure sale under a mort. gage covt'red 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 th<: Company thereof in writing. If such r:0fiu: shall nut be giv!:O to the Company within ten. days of the receipt of process lIf plead- ings or if the Insured shall not, in writin~. promptly notify the Comp.IOY of any de. feer, lien or encumbrance insured aj:~linst which shall come to the knowledj:e of the In~urClL or if the Insured shall not, in writin,g. promptly notify the Comp;tny of any such rejection by reason of daimed un- marketability of tide. then all liability of the Company in regard to the subject matter of such action. proceeding or minter shall ceaSt. and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only t(\ the extent of such prejudice. (c) The Company shall have the ri,l:ht at its own cost to institute and prosecute :lny action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mort- ga,l:e as insured; and the Comp,my may take any appropriate action under the terms of this policy whether or not it sh;tll he li~lble thereunder and shall not therehy cunc<:Je liability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company..to proSt'CUlt" or pro\'ide for the l\efense of an)' action {l( proceedinj:", the Insured shall secure to it the right to so prosecuk or provide de. fense in such action or proceedin,l:, and all appeals therein, and permit it to use, at its option, the name of the Insur<:d for such purpose. Whenever requested by the Com- pany the Insured shall give the Company all reasonabk aid in any such action {If proceeding, in effening settlement, securin,l: evidence, obtaining witne~ses, or prosecu- ting (l( defending such action or pwct.ed- ing. ~lOd the Company shall reimhurse the lnsun:d for any expense so incurred. S. NOTICE OF LOSS - LIMITATION OF ACTION In a.ddition to the notice~ required under paraJ.,:raph 4(h), a statement in writin,g of ,IOY loss or damage for ....,hich it is claimed the Company is liable under this policy shall he furnished to the Company within sixty days after such loss or dama,l:e shall have heen determined. and no right of action shaH accrue to the InsureJ under this policy until thirty days after such statement shall have been furnished, an~\ no recovery shall be had by the Insured under this policy unless action shaH be 'cornrnenced thereon within five years after expiration of said thirty day period, FailtJrt. to furnish such statement of loss or damaj:e. or to commence such action within the time hereinbefore specifi<:d, shall ht" ,I con. clusi\"(: har a,l:ainst maint<:,nann: by tlH~ In. surt'd of anr action under this pulilr. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS Tilt' Company shall have the option tu PilY or settle or compromise for or in t/w name of the Insured any claim iosuled again,a or to pay the full amount of thi, puliey. 1lC, in case loss is claimed limit-I' thi~ policr by the owner of the indd')t<..dnt..~, .~ecl!rl.d hy a mortgage covered hy lhi.~ pDllcy, the Company 5nall have the uption to purchase said indebtnlness; ~uch pur. ch'-lsc, payment or tender of payme/lt of (Conditions and Stipulations Continued ond Concluded on Last Page of This Policy) ~--=:1 ',_.....~,~.~.!::'-,.,-- ,-.... ' ~ - '.D, '-:I TO 1012-1 AB C California land Title Association Sfandard Coveroge Policy-1963 SCHEDULE A Premium Slit.Sf> Amount $ 2, 000 . 00 Effective Date March 14; 1968 at 8 a.m. INSURED Policy No. 6725971 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 ill 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 a~essments on real pr.operty 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 au inspection of said land or by ma~ng inquiry of persons in possession thereof: 3. Easements, claims of easement or encumbrances which are not shown 'by the public records. 4. Discrepancies, COJlflicts 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. 6. Unpatented- mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. DO - ;" .W) TO 1012.1& Cont. C CalifornlCl Lond Title "'uoclotlon Standard Cov.ra". 'ollcy-1963 SCHEDULE B- (Continued) PART II 1. General and special county and city taxes for the fiscal year 1968-1969, a lien not yet payable. General and special county and city taxes for the fiscal year 1967-1968{ Second Installment $374.48 Parcel No. 5383-24-7 2. A right of way for laying and operating a pipe line for conveying water to and through said property, as reserved in the deeds from Santa Anita Land Company, recorded prior to February 15, 1950 in bOOK 2516 page 204, in book 2514 page 225 and in bOOk 2577 page 297 of Deeds. 3. Covenants, conditions and restrictions in the above recorded instrument. ~: An action in the Commenced Entitled Superior Court February 9, 1968 City of Arcadia, a municipal corporation vs. B~itta L. Albert, et al., 926351 county of Los Angeles public use Par'cel 8 Case No. Nature of Action Affects Notice of the pendency Recorded of said action 'was February 9, 1968 in booK M~2772 page 966, Official Records . '\ , - "II1II '--'f TO lD12-I-l056-IC C American land Titlo Association loon Policy Additional Coveroge-1962 "' California Land Title Auoclolion Standard Coverage Policy-] 963 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; The easterlr, 12.00 feet of the southerly 100.00 feet of lot 1 in blOCK "H' of Santa Anita Land Company's Tract, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 6 page 137 of Maps, in the office of the county recorder of said county. . ..\,\.....-~ '~~ :113~ 'Ie '. >: : . ':' ~ ..\.... ..... ','/ ", I,' '.'r, . ~ ':, . . ~ '~:-. , .... ~ ..... ",' . . ~~' . '.r.:', '-"". .. '::.." .1'.'...... f ;'. . : 'H.'.,: BLocK 1-1 ANITA LAND COMPANY:5' TRACT,' M'B.6-137 ,'. '. , I ! ..--- ~. I ..----.-' ._..,lti)(~~(II--'~.o~.,l'~J(.. ,'I f'M@,~_'~ --.A''''~-~o- -,:~,,":,;,'."".' /' u,~ ~, . ~ v "'f;' " V~.,~ I' 6.$0 ./ . ,-.ptJh\ \.>--.--,_:. -- ___ ___ '_'1:>1 1"''' <<90 . ,; . . /-."..~~~.. '. f.. f.. .~ ';~~]..~~, 70 ~ \~ .,,: " , " / ..~ . .' I i'@~~ I . 8' I" :\';;'G,,, .' . I" 12 I ye/Pl~~._L":' .. '/i.;:?~~';]) . .. I . ~ '1\'1 '~~~., ~g~' .-c-.... I. ~\/ Cd I . ~&, l _1- ~~~ 7~1:' '.,: '.:.. ': " . / .: 'I ,.--~--~--- ~,- I -I'" :. ". \.:..:.- p' :. " . " ;. "I ' '" Sf l t', ~ , ,,< :,:~. -'::j',~;~',-l." ,'" ~ '~. ~ \..' .' ~--:.~':"'~~__:.. 4_~_~~'_:.. <, ~; '.' .' ':?~ '..,','.: ,"~', ,.~~- . l / i' \:>1 \.-L'I' .... L,\~ :,~. '_' I j . ~L _ ~, ;lil~ j:~~~" . \J-- ~'11~-'---:-: .\ '.'\ ~ '_~ '.',.",' "1'..'11'-"'" 17'0.17 '":""..' - ~ t ST I ' . I,It4 'II} .', ': 'I: :~'i;.1~~.:;I::;,f}r; v '1'-. T.L' '",,~ ~ - -! -1.\. .;' ~: _~(~11~~=t~t~~ I. ',,?:i:L I : ...:: ~. \.. , . ->-", f.- ".,' . '1 ;/.".i,<i..:.:J .~ ,',:: i ~,'.. . \" i~\ f)' ';;. ." " ,..' .J ',', ~~\", ~ ~,/ ,.: ",' j' ~ - - -\~~'~.. ~.~ - - - _, _~'Q'JY". . _ ~~ ". ';0. l Iq-"~~~~._,,~~ -,: ~~' ' ~. . ~ ' ' 'f ~ !..~)~ ,fro" i I ~ '-.!l(!;] '~~;~y 'z ~ :---1 ~~~~31~1~,/ "/ ;/' ~::;"'.. . ~8~ --~ I ~71 I' II :n, I o~~.. o. -l I 1i . 11~~d' ~[lJ .... J ~ w-- r- ~=r~ ' ~ :-'3_~(_~ - -~~ * 117 ", '44 f.!!1Z -< -~. "'ON~D~^" - 6X>:.:. -.----~..- - (SAN ~~~;~- -- Ave:,----- .Ii.~l-I~, ..' II ',I.P[, , , '. . i \ ,) . '. .:?~. .~:~;i ,:.;.\: ., :~'I'S i~ no~ a __ su~vey of the land. bu~ is compiled" lor' informatiqn by' the . ~ .r::' . .'.~.~.~...L.;..:;..".~:.'....::.'.'::':',"';: . IIi e Insu,:ance and Trust C,?mpany from data shown ,!y:,the offi~ial records. . ':~~~. ,,~F' _ " ,,/.r: " .:;,'. ,'. : ;.... '<' " '~;~~, _~"'.;: " '~'i,{t:.-.:;., '. ,. .;/ SANTA I , i -.., . '. . :,j~<;'_.. . .~r}/'l :--, i'. I I -., . , "':.~.:' '::,'-;:." ~t :..:;;fJ....'": ' >1. ',,; ". ,." . ~~.t~~ .":.' , :1. ~ ' r;s... :':~~~.,>". '. -"" ,....',;.. ..', ..;.~ \ ,-,. ....;. ." .'...., . '~~~ --': : ZL/4 @ CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the full amount .of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder !ll pay, shall terminate all liabi]ity of the Company hereunder. In the event after notice of claim has been given to the Com. pany by the Insured, the Company offers to purchase said indebtedness. the owner of such indebtedness shall transfer and assign said indebtedness and the mortga~e 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 atrorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any Joss insured against by this policy, ;Ill COSts imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all COSts and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No daim 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 excepted 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 daim or suit without written consent of the Company, or (3) in the event the title is rejecced as unmarketable because of a defect, lien or encumbrance nor excepted or excluded in this policy, until there has been a final determination by a coun of competent juris. diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs. attorneys' fees and expenses, shall reduce tlie amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of 'such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to rhe satisfaction of the Com- pany; provided, however. if the owner of an indebtedness secured by a mortgaJ..:t' shown in Schedule B is an Insured herl:in then such payment.s shall not reduce pro tanto the amount of the insurance affordl:d hereunder as (0 such Insured, except t(l the extent that such payments reduce the amount of the indebtedness secured by such mOf!- gage. Payment in full by any person or voluntaty satisfanion or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Compaoy to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay. able within thirty days thereafter. 8, LIABILITY NONCUMULATIVE It is expressly underswod that thl: amount of this policy is reduced by aoy amoum 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 imer(;'q described or referred to in Schedule A. and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered R shall not apply to an Insured owner of an indebtedness secured by a mortgage sho\\'n in Schedule B unless such Insured acquires tide to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have secdeJ a claim under this policy, all right of sub- rogation 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. erty 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 remedies in the proportion which said pay- ment bears to the amount of said loss. If loss should resulr from ~lny :In of tilt' In. sured, such ~1C( shall not void this policy, hut the COIl1I'any. in that event. sh.1I1 bl: reguin:d to pay only that part of any losses insurl:d ~\I,::ainst llt'reunJl:r which shall ex. cee.l the 'amount. if ,In}', lost III th~ Com- panj! hy reason of th~ imp:lirmenr of the right of suhrog~ltion. The Imured, if ((". quested hI' the Company. .~hall transfer [(I the Company :111 rights and remedil:s i\F;i\in"t any pe-rson ut property ne-{eSS,HY in ord(;r to l)(;rf('Ct such right ()f subrogation, and .~hall permit the Company ro use tll<; name of the Insured in any tran.~action Ill' liti~atlon involving such ri~ht.s or rellledi(.'s. If tilt, InsureJ is tht, owner of th(: in- debkdness secured hy a mnrtga~t' covered by this policy, such Insured may release or substitute The personal liability of any debtor or ~uarantor, or extend or othl:twiSt' modify the terms of rayment, or release :1 portion of the estate or interest from the lien of the mortJ::,IJ..:I:, or release any co[- lat~ral .security for lilt' indehtl:dlll:SS, pro- \'ided sllch act dOt'S not result in :tny hl.~S of priority of the lit'n of the m(lrt~pge. 10. POLICY ENTIRE CONTRACT Any acrion or actions or rights of action that thl: Insured may bavl: or may hrinj.:: against the Comp,u1r arisin,t: out of the. status (If the lien of tht' monJ..:aJ..:1: covered hy this policy or the ticlt- of the I:state (11" intereST insurl:d herein must he hased on the provision.s of this potier. No provision or condition of this policr can b,,; waived or ch;Ingl:d except by .....ritinj.:: t'"nJllr~eJ hereon or attached herl:to signed hy till;: Presidt:nt, a VlC(: Presidt:nt, tht: Secr~t:HY, an Ass.ismnr S(:adary or other \'.did.lting officer of rhe Company. 11. NOTICES, WHERE SENT All notices required to he given rhe COlll- pany and any statt'mt'nt in .....ritin,l.:: required to he furnished the Company shall b(; ad- dressed to it at the office which issul:J thi.~ rolicy or to its Homl: Offict', 433 South Spring Street, Los An,l.::eles 54. Californi,l. 12. THE P.REMIUM SP.ECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. @ Title Insurance and Trust Company "-OUNOEO IN .aG/3 POLICY OF TITLE INSURANCE Offering complete title services throughout the state of California with just one local call. Complete title services also available in the states of Alaska, Nevada, Oregon and Washington through subsidiary Companies. Title Insurance and Trust Company Home Office 433 South Spring Street Los Angeles 54, California