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HomeMy WebLinkAboutD-1623 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 19. 1968 , from or. executed by Mary S. Vinceri , 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. ../ , <,. ; t" .. City CERTIFICATE OF ACCEPTANCE ~ K 0397/ r G /78 ~ ~ CJ:) ~/!.~ City Engineer ~. , The ocument thus described is hereby approved as to form. ~~~ City.At- orney ; , ~ -- -- - ~.. ,"GITY OJ;' ARCADIA AND WH~N "tCORDI:D MAIL TO I Nom. City Clerk Str..' P.O. Box 60 Addr.., Cily I. Arcadia, Calif. Stol. L .....AIL TAK nATf.....ENTS TO I Nom. City of Arcadia 51....' Addr... City' 510'. L 49 RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF. FOR TITLE INSURANCE & TRUST CO. 1968 AT 8 A.M. v ^ Uj~{ I r ~ If ( O-/t. ~0 I APR 16 RA'( E,. LEE,CountY. Recordet -.J I SPACE ABOVE THIS LINE FOR RECORDER'S USE $2.75 ' ~ Grant Deed 'j)/3 AFFIX Yr.5, $ I FREE~ Ml ~(7~ .......n........_ ........ ABOVE TO"O~C (".67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY fOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARY s. VIlirCERI ,.9j>reby GRANT(S) '10 the CITY OF ARCADIA, a Municipal Corporation, t;'V7;, IN 'EE . /J1j 1:"'B"9. aiilSQiRliilrl.t. for pub11c street and road purposes, to become a part of and to be known I as Baldwin Avenue, in, on, upon and across the following described real property in the City of Arcadia, County of Los Angeles State of Californi;7' The easterly 12.00 feet of Lot 5 in Block "O"'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, in the office of the County Recorder of said County. EXCEPT the northerly 277 feet of said land. ~ >- >- :a m z: 0 u.1 w.J r-~ ,j ;- U c:. ~ ::-: u FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY", The City of Arcadia SEE Gov't Code No. bl03 ~ o a: u U\ uJ o JJ:jIS NECESSARY IN CI::JAIN O~ IIlLE ~.L /"7,. /7'~,( , "'h;~ J ~"a,'-<-- [Mary S. Vinceri ~ Dated , ,r STATE OF CALIFORNIA } '\, COUNTY OF LOS ANGELES 55, On M 14 ~CtJ. ("f ( t 9(, 5' helo,e me, the unde'. signed, a Notary Public in and for said Stille, personally appeared Mary S. Vinr.p-ri A RIGGS My Ccmmis<:.. Expirr:-~ .l!.nri1 5, 1~6? Name (Typed or Printed) , known to me subscribed to the within xecuted the sam(~. _~ _____a_.____ 1 (~i),,,: N01A~i:::,~lI~,I~~~ORNIA~!- 'It..r, , PR'NCIPAL OffiCE IN I "<<g,j lOS ANGELES COUN] T , ~ _ _ . . . . T . - . .-: . - - to he the person~whose name instrument and a~know WITNESS my hand " Signature (Thf~ &11'11. fOI" otlkilll nolarlalllol'al) . Title Order No, 7 3 q '] ~<+- Escrow or Loan No. , MAil TAX STATEMENTS AS DIRECTED ABOVE :.9 ,.. ~. GRANT DEED '., Title Insurance and Trust Company . , p -. COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL~!) . , ,. -, ^, ~; , I , {-;:. !..: 'i " .- "......... GRANT DEED Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL \, .:r ... ~ ...." .,.. .' ~~ .,.. .. ' -'.. . . . . . . . . . MARK H. f3:LOODGOOD AUDITOR'<:ONTROI..LER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGELES. CALIFORNIA 90012. 625-361 1 March 27, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California 91006 Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel Nos. 80 and 81 Gentlemen: Pursuant to your letter dated May 9, 1968, taxes have bsen cance.;L12d in acc'..rdance with Section 4986 0f the Revenue and Taxati0n C~de. This canc&l- lation was ordered by the Honorable Board ~f Super- visors Nov. 6, 1968 by Authr,riza.tion No. 06552. Very truly y~urs, ~~RK H BLOODGOOD Auditor-Controller (j(. , ~r J. R. Faso0Tella, Chief Tax Divi~i;)n. j)_/i~j ROOERT A. GILL CHIEF DEPUTY J. R. PASSARELLA, CHIEF. TAX DIVISION RECEiVED APR - 2 1969 .CITY OF ARCADIA CITY A.1TORNEY JRPjEMP/ejrl :13'1- c4;t;b" ~ /O-,.}.,.">-tpj' tAX ~ J>f~ . ...:;;dd f~ weM' ~--cf ~ ad:6, -I/:. Q(P(07. _:~ I,: . . . . . . MARK H. BLOODGOOD AUDITOR.CONTROLLER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 825-3611 February 20, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel No. 80 and 81 Mary S. Vinceri - Grantor Gentlemen: Pursuant to your letter dated May 9, 1968, 1..Y-1 u.,,:(..3 ROBERT A. GILL CHIEF DEPUTY J R. PASSARELLA, CHIEF. TAX DIVISION RECEiVED FIB 27 196,9 ,CITY. OF ARCADIA .efT! '-~nORNEY taxes have been cancelled in accordance ~ith Section 4986 of the Revenue and Taxation Code. This cancel- lation ~as ordered by the Honorable Board of Super- visors Octeber 22~ 1968 by Authorization No. 06159. Very truly yours, !~,. B ODGOOD, Auditor-Controller By J. R. Passarella, Chief Tax Division JRP !EHP It c CITY COUNCIL DON W. HAGE MAYOR City of Arcadia C. ROBERT ARTH ",,,VOR PRO TEM EDWARD L. BUTTERWOftTH ROBERT J. CONSlD1Nt JAMES R. HELMS. JR, ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H. COZAD CITY MANAGER CHRISTINE VAN MAANEN CITY CLERK May 9. 1968 Mr. John R. Passarella, 500 West Temple Street, Los Angeles, California Auditor-Controller Room 153 90012 Attention: Eleanor Parker, Tax Cancellation Section Subject: , Request for Cancellation of Taxes Baldwin Avenue Parcel NoS. 80 and 81 Dear Mr. Passarella: Please cancel as of the date of recorging 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 Ene. ~ MAILING ADDRE~5E5 CITY HALL P. O. BOX eo 91008 UBRARY 20 W. DUARTE ROAO 91004 POLICE OEPARTMENT P. O. BOX ~o 91006 FIRE DEPARTMENT 710 S. SANTA ANITA AVE. 91006 TELEPHONES 446-4471 . 681-0276 44".7111 447.2121 448-2128 . -~,...--- f!~VI TO 1012.1 F C (10.67) California Lond Title A.nociotion Standard Caveroge 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 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 s,uch Insured, or if a corporation, its successors by 4issolution, 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 the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on rhe title to the estate or interest covered hereby in tht: land described or referred to in Schedule C, existing at rhe 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 title; or 3. Any defe<t in the execution of any morrgage 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 to in this policy; or .t. 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 m"ortgage being shown in Schedule B in the order of its priority; all subject, however~Th't~"))~~~ions of Schedules A, Band C and to the Conditions and Stipulations hereto annexe.i~~CE AND r~~\\\" :- ~~ 000000000 ~ 'I - '> oo",~ IS PRO 00 l' /J P OJ oo~O ~'!':ltt 1'......0... 1"\ t jt ~ oo~ q.J;I{I"t1JB.E.'l!1~lp't~ne.SJ~rereofJ Title Insurance and Trust Company has caused its * ;; oo~ q<J.q. ... ~co'fp-6rat~gam'1.a~"d seal to be hereunto affixed by its duly authorized officers ~ ...,J g.~~!ok the~e\~h~n~i~ Schedule A. r. I- 0 ,,,,,- -'~v ,~\o ,.. ~ ~ - 0 ~-~"'- =,. ?!!t;1;\\'~ g 2: ~ r~ l-" 0 '~"~~' "l' ' 0 "'< '" ~ o. - 'b,&",'I. ~'t~ ,-~-o :? Z >< 0 -".' ~ .') <::)0 ~ (j ... 001-", .:~; ~"~\o }} ::: 'I, <' 0 -t .-." ~~ 0 ,_ ; 'I 0 oo;;~", TE IS G\iooo ,-"".:;: II, ~ -4 00000000 v~v E ~\\\ NGELES, .$" \\\\,\,-,-,,,-~ Title Insurance and Trust Company by ~~~~ f',. :~SJDENT Attest 0W 11-,11;,.,):5((- . SECRETARY ,.-- '- CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in rhis policy mean: (a) "land": the land described, specific. ally or by rderence, in Schedule C and improvements affixed there!O which by 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 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 parries named as Insured, and if the owner of (he 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 rhereof, by foreclosure, trustee's sale, or other legal manner in satisfacrion 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 rhe indebredncss secured by a mortgage covered by chis policy, or any pact (hereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipu]a- 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 un said land, or prohibiting a separation in ownership or a reduction in rhe dimensions or area of any lot or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of the l:xercise of such rights appears in the public rct"Ords 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, ramp~ or any other structure or improvement; or any rights or easements therein unless this policy specific- ally provides that such property. rights or easements are insured, except that if the land abuts upon one or more physically open street.~ or highways this policy insures the ordinary rights of abuuin~ owners for access to one of such streets or highways, unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances. adverse claims against rhe title as insured or other matters (I) 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 Insured Claimant ac. quired an esrate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writin.': 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 be appropriate to establish the title of the estate or interest or the lien of the morr- gage as insured, which litigation or action in any of such events is fo~nded 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 resorr. (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 in- terest or lien of the morrgage 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 br a morrgage covered by this policy, or, i an Insured in good faith 'eases or contracts ro sell, lease or mortgage rhe same, or if the successful bidder at a foreclosure sale under a mort. gage covered by rhis policy refuses to pur. chase and in any such event the tide to said estate or interest is rejected as un. marketable, the Insured shall notify the Company thereof in writing. If such norice shall not be given to the Company within ten days of the re<eipt of process or plead- ings or if the Insured shall not, in writing, promptly notify the Company of any de. feet. 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 un. marketability of title, then all liability of the Company 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 to the extent of such prejudice. (c) The Company shall have (he rip;ht at its own cost to institute and prosecute any 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- gage as insured; and rhe Company may take any appropriate action under the terms of this policy ..yhether or not it shall he liable thereunder and shall not thereby concede ]iability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company to prosecu(e or provide for the defense of any action or proceeding, the Insured shall secure to it the right 10 so prosecute or provide de- fense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Com- pany the Insurer! shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement. securin~ evidence, obtaining witnesses, or prosecu- ting of defending such action or proceed- ing, and the Company 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 loss or damage shall have been determined. and no right of action shall accrue to (he 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 shall be commenced thereon within five years after expiration of said thiny day period. Failure to furnish such s(atement of loss or damage. or to commence such action within the time hereinbefore specified, shall be a con- clusive 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 (he option to payor settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtednl'ss secured by a mortgage covert'd by (his policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of (Conditions and Stipulations Continued and Concluded on Lost Poge of This Policy) mc TO 1012-1 AB C J' Colif{}rnia land Title ASSClciolion Standard Co.....roge PoHCY-1963 SCHEDULE A /'//7 "'" Premium $ --r C/ I - Amount $ 2, 000 .00 Effective Da~ April 16, 1968 at 8:00 a.m. INSUHBD Policy No. 6739754 CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested ill: CITY OF ARCADIA, a municipal corporation. 2. The estate or interest ill !he 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 arc not shown as existing liens by the records of any taxing authOl.ity 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, clullns of casement or encumbrances which are not shown by the public records. .... 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; wilter rights, claims or title to water. KJ3 TO 1012.1B Cont. C California LClnd TIlle AnClc1C1tlon $tClndClrd Coverage Pollcy-1963 SCHEDULE B- (Continued) PAt'T II 1. General and special county and city taxes for the fiscal year 1968-1969, a lien not yet payable. General and special for the fiscal year Second Installment county and city taxes 1967-1968, . : $126.41, parcel No. 5385-24-8, plus penalty of $7.58, plus advertising cost of $3.00 2.. The right to develop water and also all the rights of way for and rights of way to repair and maintain pipes for conducting water over and across the hereinbefore described property in any way heretofore reserved to, by conveyance of E. J. Baldwin or otherwise, it being the int'ention hereby to convey to the. parties of the second part hereto, all the water r.ights and the right to maintain and repair pipes and pipe lines and to enter upon the lands hereinbefore described for all purposes in connection therewith heretofore or now owned or possessed by the said party of the first part, and the party of the first part also conveys to said parties ~f the second part, all other rights, of entry or rights of way which it now owns or possesses as reserved in the deed from Santa Anita Land and Water Company, to Edward C. Cribb and R. T. Brode, recorded in book 3035 page.192 of Deeds. 3. An easement purposes stated In Favor of For Recorded affecting the portion of said land and for the herein, and incidental purposes Santa Anita Land Company layihg and operating a pipe line : prior to February 15, 1950 in book 55 page 171, Official Records. 4. Covenants, conditions and restrictions in the above recorded instrument. 5. An action in the Conunenced Entitled Case No. Nature of Action Affects Superior Court March 22, 1968 City of Arcadia, a municipal corporation, vs. Elizabeth Rowse Wilson, et al 929015, Los Angeles County public use parcel No. 81 Notice of the pendency of said action was Recorded : March 22, 1968 in book M 2807 page 805, Official Records, as instrument No. 3066 6. The following provision of the deed from Mary S. Vinceri, to the City of Arcadia, a municipal corporation, recorded April 16, 1968; "Grants to the city of Arcadia, a municipal corporation, in fee for public street and road purposes, to .become apart of and to be known as Baldwin Avenue." TO 1012.]-lOS6.IC C Am.ricon Lond Title A3socjollon~Loon Policy Addlllonol Coveroge-1962 0' Colifornio Land Tille Assoclolion Slandord Coveroge Policy-1963 SCHEDULE C The land referred to in this policy is situated in the county of Los Angeles, state of California, and is descrihed as follows: The easterly 12.00 feet of lot 5 in block "0" of Santa Anita Land Company's Tract, in the city of Arcadia, county of Los Aqgeles, state of California, as per map recorded in book 6 page 137 of Maps, in the office of the county recorder of said county. EXCEPT the northerly 277 f~et of said land. . I"';j~ v...... ,\ \ ,.. . LO'I' 5 IN BLOCK "0" OF 'I'HE SANTA ANITA LAND COfiiPANY 'S TRAc'r I . \ , , \ , ~ <:) l:l ~ ~ ~ " ~ I--. , ~l- '.',1... ltd .'.........,...'.;..',..1. 'I ~,. 11 .:;!~ 245 ,-- T" d <DJO T0.5W.COR...T5BL.J<.O ~ " <:) ~ ~ ~ ..,J , ~ , g~ , I of5 GAR/$ALP/ Aye. (l 'fl " GT~ID This is not a survey of the land but is compiled for information by the Title Insurance and Trust Company from data shown by the official records. CONDITIONS AND STIPULATIONS (Continued ond Concluded From Reverse Side of Policy Face) the full amount of this policy, together with all COStS, attorneys' f~s and expenses which the Company is obligated hereunder to pay, shall terminate all liabi]ity of the Company hereurlder. 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 mort,ga~e securing the same to the Company upon payment of the purchase pri(:e. 7. PAYMENT OF LOSS (a) The liabiliry of the Company under this policy shall in no Case exceed, in all, the actual loss of rhe Insured and costs and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company wiD pay, in addition to any loss insured against by this poliCY. ~II costs imposed upon the Insured in liti- gation carried 011 by the Company for the Insured, and all costs and attorneys' fees in lirigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be mainrainable under this policy (l) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defe<t, lien or encumbrance within a reasonable rime 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 reje<ted as unmarketable because of a defe<t lien or encumbrance nOt excepted or exduded in this policy, until there has been a final determination by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy, ex- cept payments made for costs, attorneys. fees and expens~s, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsemen( of such payment unless the policy be l(lSt or destroyed, in which case proof elf such loss or destruction shall be furnished to (he satisfaction of the Com- pany; provided, however. if the owoer of an indebtedness secured by a mortga~e shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent thar 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 to the insured owner of rhe 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 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 interest 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 rhis 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 satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of sub. rogation shall vest in the Company un- affected by any aa 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 temedies in the proportion which said pay- ment bears to the amount of said lo~s. If loss should result from any act of the In- sured, such act shall not void this policy. but the Company, in that event, shall be required to pay only that parr of any losses insured a~ainst hereunder which shall ex- ceed the 'amount, if <1ny. lost [() the Com- pany by reason of the impairment of the right of subro~ati(ln. The Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property net:essary in order to ptrft'ct such right of subrogation, and shall permit {he Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. If the Insured is the owner of the in- debtedness se<ured by a mortga~c 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. 10. POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring againsr the Company arising out of the status of the lien of the mortgage covered by this policy or the ritle of the estate or interesr insured herein must he based on the provisiom of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistanr Secretary or other validating officer of the Comp<1ny. 11. NOTICES, WHERE SENT All notices required to be given (he Com- pany and any statement in writing required to be furnished the Company shall he ad- dressed to it at the office which issued this policy or to its Home Office. 433 South Spring Street, Los Angeles 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 .e"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 433 South Spring Street Los Angeles, California 90054