The URL can be used to link to this page

Home My WebLink AboutD-1632 '~! ~. ',' " " u , CERTIFICATE OF ACCEPTANCE ~~ 0397 4 ~~ ZZ7 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 April 4, 1968 , from or executed by Melvin E. Fickas and Dorothy H Fir.ka~ , 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 authoriz officers. City Mana The document thus described is hereby approved N N W ~!!nee~~ as to fom. ~~ City.,.c.ue~ . /:Jr.-v RECORDED IN OFFICIAL RECORDS OF LOS ANG[l[S COUNTY. CALIF. FOR TITLE INSURANCE eo. TRUST CO. 196B AT 8 A.M. UII LJ.J::JI 't r li L(O D- / ~ 3c:? CITY OF ARCADIA "NO WHEN RECORDED MAIL TO I Nome City Clerk SIr..1 P,O, Box 60 Jl.ddrllil City & Arcadia, Calif. Stole L I APR 18 AA Y E, LEE, Cou nt)' Recordec ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL ''''x STAlEMENrs TO I Nome City of Arcadia I i FREE '2,,/GJ Slreet Addleu City & Stale L -.J ~ ,- r- Grant Deed JJT5 AFFIX ~, $ p:-- ,'uk.,."".., . ABOVE TO 405 C /4.671 THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which i,hereby acknowledged, MELVIN E. FICKAS and DOROTHY H. FICKAS , 11/0,'[,. ~ , hereby GRANT~) to the CITY OF ARCADIA, a Municipal Corporation, '/ t:)1. IN F't=E- .' Bll 1.8.aelTl8H~ for public street and road purposes, to become a part of and to, be known as Baldwin Avenue, in, on, upon and across the following described real property in the County of Los Angeles City of ;l,li.s.9JLi,&,-. , State of California: The easterly 12,00 feet of Lot 9 of Tract No. 6561; in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 72, Pages 34 and 35 of Maps, in the office of the County Recorder of said County. ~ ~/ft1~ I I~ I') I >- > QJ 0 Z C W U f-- , f- , tL u :; J , Dated /ttt~' ~UNV A\ __e_ v~n . ~s ' ~H ,if~/L..d" Dorot? ~c as ? ~I u, u)' .", 0. . " }ss On before me, the under- signed, a otary Public in and for said State, personally appeart"'d Melvin E. Fickas and Dorothv H. Fickas , known to me 10 be the persorii....----whose name Q .ar~ subscribed to the within instrument and acknowledged that thev executed the samp. '-tlTTN""" mv hnnrl ..n.! oAlf'_iHl "f'al. /iiC~'_ /gmy>"~"- ;', /< , :F; q> _:: OF]~~t-~-"'1 FLORENCE E. ,NEERGt,RD ~ NOT/\RY PUBLIC. CAUFORNIA R . , . " GRANT DEED Title Insurance and Trust Company COMPLETE STATEWIDE TITL.E SERVICE WITH ONE LOCAL CALL . .c.. , ' , .. . '"I , .. " GRANT DEED J Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL .' .. . ./ ,,"'~ MARK H, BLOODGOOD AUDITOR.CONTROLLER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 625-3611 February 10, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel No. 97 Gentlemen: Pursuant to your letter dated June 24, 1968, ROBERT A, GILL. CHIEF DEPUTY J, R, PASSAREL.L.A, CHIEF, TAX OIVISION RECEIVED FEB 11 1968 CITY OF ARCADIA CITY ':\TTORNgy taxes have been cancelled in accordance with Section 4986 of the Revenue and Taxation Code. This cancel- lation was ordered by the Honorable Board of Super- visors October 29, 1968 by Authorization No. 06320. Very truly yours, 11A.RK 11 BLOODGOOD Auditor-Controller !J(' , By J. R. Passarella, Chief Tax Division JRP /E!1P /tc , CITy COUNCIL DON W. HAGE MAYOR City of Arcadia C, ROBERT ARTH MAYOR PRO TEM EDWARC) L. BUTTERWORTH ROBERT J, CONSIDINE JAMES R. HELMS. JR. ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H, COZAD C::1TY MANAGER CHRISTINE VAN MAANEN CITY CLERK JURe 24. 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 No. 97 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 ADDRESSES CITY H<'l,LL P.O, BOX 60 91006 LIBRARY 20 W. DUARTE ROAD 91006 POLICE DEPARTMENT P. O. BOX 60 91006 FIRE DEPARTMENT 7105. SANTA ANITA AVE. 91006 TELEPHONES 446-4471 . 681.0276 446-7111 447-2121 446-2128 TO 1012-1 F C (10-67) Colifornio lond Tille A$50cialion Standard CaverQge Policy Form Copyright 1963 1893 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Tide Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parries named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage nor exceeding the amounc 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 the titlt' to the estate or interest covered hereby in the land described or referred to in Schedule C. existing at the clare hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketabiliry of such [itle; 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 [he <:stnte or intt'rt'st referred to in this poiicy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred [0 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'tiie')1~~iSions of Schedules A, Band C and to the Conditions and Stipulations hereto annexed~~CE AND rJ\l,,~\\\\ ,'; ~~ 000000000 ~... II - '" 00",,- IS PRO 00 ' /. $ ~ oo~,o ,,'41t ,....,o~ /) u~ . . :t ~ oo~ ~{>"f.1JRE:I!!'>-lJ7t~ne..JS~rereof, Title Insurance and Trust Company has caused Its -A ..... 0 ~ ~ q. ^ \~ .. ~ 0 ~ I~.J ' ::1.... 0 ~ ~ JcoFr..orate;name.anu seal to be hereunto affIxed by Its duly authOrized offICers ~ - o[~, '~'7,l ,. '~d 0..., f,' d Fj ......J 0 -"- --:.~"----(: {.on the ate,-shown/lfl Sche ule A. r. l- 0 'i" "\J~' ~uo ". ~ ~ _ 0-,,0. ~"""'r_;J,. ,\ 0 2: :;:; /j \- ~ ,/~~~1t --::f'i;\;,'i"~f" p g '"'< ~ Iii 0; ~...;-.e;'5.;' '~I ,,'1<1 ~ 0 ;;:: ~) h ~'''' ' ./ , ~o o-C ~ rJ ~ o~~ "-fu' "r- ,~<vo ..;;.: 'I. o,-~- {),o..- ,.p- ~vo :;;; 'h <OooO~rATE IS G\)~oOo ~ '..;: .~~, ~ 00000000 'V'V-" ..;{,,' \~,\\4JVGELES, .::::--= \\\\",'''~~ Title Insurance and Trust Company by ~~~~NT Allest 0Lu lif-~ . 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 reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart consrructive notice of matters relating to said land; (c) "knowledge": actual knowledge, not constructive knowledge or notice which may he imputed to the Insured by reason of any public records; (d) "date": the effective date; (e) '"mortgage": mortgage, deed of trust, tcust deed, or other security instrument; and (f) "insured"; the party or parties named as lnsured, and if the owner of the in. dehtedne55 secured by a mortgage shown in Schedule B is named as. an Insured in Schedule A, rhe 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 guaramor 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 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 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 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, ordin;tnce or governmental regulation (including but not limited co 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. (h) 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 described in Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which such land abuts, or the riFht to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless this pnlicy specific- ally provides that such property. rights or easements are insured. except that if lhe land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abuttinf: 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 [() the Insured Claimant either at the date 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 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 w 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 (I) 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 estare 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 defcct, 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 defense interposed, Ot 10 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 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 st'Cured br a mortgage covered by this policy, or, i an Insured in good faith leases or contracts to sell, lease or mortgage rhe same, or if the successful bidder at a foreclosure sale under a mort. gage covered by this policy refuses to pur. chase and in any such event the title to said estate or interest is rejected as un- marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the receipt of process or p]ead- ings or if the Insured shall not, in writing, promptly notify the Comp.lOY of any de- fect. 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 (he 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 hi the extcnt of such prejudice. (c) The Company shall have the ri,ght at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be ne(essary or desirable to establish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may cake any appropriate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all case... where this policr per- mits or requires the Company to prosecute or provide for the defense of any action or proceedin~, the Insured shall secure to it the right [0 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 Insure~ shall give the Company all reasonable aid in any such action or proceeding, in effectin,g settlement, securing evidence, obtaining witnesses, or ptosecu- ting or" 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 the Insured under this policy until thirty days after such statement shall have heen furnished, and no recovery shall be had by [he Insured under this policy unless action sh,dl be commenced thereon within five years after expiration of said thirty day period. F'ailure to furnish such st:uement of loss or damage, or to commence such action within the time hereinbefore specified, shall be ;l con- clusive har 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 rhe option to payor settle or compromise for or in the name of the Insured any claim irlsured against or to pay the full amount of this policy, or, in case loss is c1aimt'd under this policy by the owner of the indebtt'dness secured by a mortgage covered hy this 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 Page of This Polky) mc TO 1012-1 AS C California land Tltlll Association Standard CoYllroge Policy-1963 SCHEDULE A I::>rcmiunl ,~ Amount $ 2, 000 . 00 Effective Da~ April 18, 1968 at 8:00 a.m. INSURED Policy No: 6739737 CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covercd by this policy at the date hereof is vcsted ill, CITY OF ARCADIA, a municipal corporation. 2, The estate or interest in th'e land described or referred to III Schedule C covercd 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 no't 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 casement or encumbrances which arc not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any othe'r facts which a correct survey would disclose, and which are not shown by the public records. 5, Unpcatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. l.M.5. " TO 1012.1B Cont. C Colifornia Land Title ASlodation Standard Coveroge Policy-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, 2. Covenants, restrictions Executed by Recorded conditions and restrictions in the declaration of : Secur.ity Trust and Savings Bank : prior to February 15, 1950 in book 2679 page 48, Official Records Said covenants, conditions and restrictions have been inro rporated by reference thereto in a deed Executed by : Security Trust and Savings Bank Recorded : prior to February 15, 1950 in book , 2780 page 167, Official Records Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. 3. General plan of other lots in Executed by Recorded Case No. Nature of Action Affects covenants, conditions and restrictions in deeds said tract among them being a deed Temple City Company : prior to February 15, 1950 in book 18034 page 49, Official Records Superior Court March 22, 1968 City of Arcadia, a municipal corporation vs, Elizabeth Rowse Wilson, et aI, 929015, Los Angeles County public right of way parcel No. 97 4. An action in the Commenced Entitled Noti'ce of the pendency of said action was Recorded : March 22, 1968 in book M 2807 page 805, Official Records, as instrument No, 3066 5. The following provision of the deed from Melvin E. Fickas and Dorothy H.Fickas, t'o ,the"City;'of Ar~ad;i.a; a municipal corporation, recorded April 18, 1968, "Grants to the' cityr..of Arcadia, a municipal corporation, in fee for public street and road purposes, to become a part of and to be known as Baldwin Avenue." TO lOJ2-I-l056-1C C . Americon Land Title Association loah Policy AdditIonal Coverage-1962 0' California land Title AssocIation Standard Coverage Policy-1963 SCHEDULE C The land referred to in this policy is situated in the county of Los Angeles, state of Califomia, and is described as follows: 'The easterly 12.00 feet of lot 9 of Tract No. 6561, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 72 pages 34 and 35 of Maps, in the office of the county recorder of said county. . IV ".V,:" J I N. 8/o/0'E, 60 ~ ~ ~ " '\l::: '" '" " '" '" " 0 '" '" ;,<> '" ., " "i '" '" " '" \so .... It) I..J ~ ~ <..J Cl -.j Cl ~ 60 l C> <so 6RRIBRLOI I!}O ~ /90 ~ ~ 2.. -;ff.r :: ..., ~ ~ ~ ,/ ~ ~ 5G"~~ "/ ~ /' ~I ~"I;Y 87 ~~7" ~ I ~,// " 8 G t ,/ 58 r-~ 8Ji,i/ 53\ ~ {ill I I' i [ 84 ,{, 60 'LJ" ~ I 190 190 1WO;OORUFF I1YE. ~ 55 60 /!!O--I-'Odl-'fiO /-'0 /fJO loi' ~-54~ ~i]l~8 1I~ "Ci4- ~~Z, 7. / ~ l<,j ..-'~ ",@,.,'S'P"'!!.-- - _~ (Uft,' ~ ' ~ ~~/i53 23 g Q::i~~~~, _?_ ~ '\l::: '/ " , , ",~~)\,-z. ~ ~ 25 ~~\ ~ ~, i \~ ..,..\I+~ 5 \0~ \'" \ t~ I' 8!) ~ ~ 88 ~ " ~ '/fJO \ /30 ~ 8.3 ii 61 ,~, ~ 8~ \ 62 ~ - t3 II ':\ 63 ~ " " , ~ ~ 80\ \ 64 '<\ ~ 79 '\ \ 65 ~ ~ 78 \ c>,\66 ~ /~-$i\- . '\3 Ll' % 77 \,...:d?Jn....... '" " '" 76; 0 '\"6-'tJ> ii"- '" " /!JO~ hV ,...,~ 65 50 50 50 50 '50 6S, " '~:<l '" ~ ~ 75 74 73 7Z 7/ 70 6B 1165 <'2 15.9 1.5.9 50 50 1ii5 '" ~ '" '" , 6 52 .30 1-'0 f7YE, <5 't> /!!O /~ 7 Vl'O 2/ 'I ~Tl35 ~ (Z\~~ 8/)' ,ti;i..J '<; " / .~ ~ 46 36 ~ Cl ~ /3 /~/~ 5: '" '" <:" /rfit'/ "..... ~ ~ 45 .3 7 ~ ~ ~ / (3 /i ~90 ~ ~ .... 190 0 ' ...... /.90/; 0~90 Cl '<: 5 50 SO 50 SO 50 fi ". fi5 50 ,50 ,';0 '50 50 65 --.I , Oi,/ ~>;;I-iY .... Is\!> ii,,, '. 0 "',if'" ' " ;?" " "- i~)~ '~__ '- r\-"~ ~> 7 '- ~ CCl '~'J.l<:!;... -:----. .---'~.......j\@\~'~ .. '14:3 1I.31iZ 1i/ . ,039, 38\ (, ',1::7//6 /5 14 IJ 1 Z. lis ~~::!::~IDlll~_"j~...- ~~~~~ ~ 100 6 0 f~ 52 52 5.9 '5,2 5.2 €~ 60 S_ "'..~ "'" 50 So "I~ \(') 50~~ 6$ ~ URIVE '- " ~ LR5 TUNR5 '- v @ '" -- ~ "}i ;5'1." _ ~,f.. j'{q G --:- ~" =.8,::, i ,/ _ I " "'-i. ~ '" f I '" I 50i'i \3'2' '" ,," 2.3 " I \'" I ~ ~49'i"1 jtJ ~ f ~2 ,I -'0 IfJO ' 'I 190 I B I I ~ ISO, ~ 148': 130 t,J," 34 C> <::lY ~ ~ ~ ~ . " "i 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. f~ V47 N. 8/O/0'E, I T..eACT NO. 656/ M. 8, 72 P!1's' ~4-9S LOTS / ID 89 CONDITIONS AND STIPULATIONS (Continued ond Concluded From Reverse Side of Policy Foce) thc full amount of this policy, togcther with all COSts, attorneys' fees and expenses which the Company is obligated hereunder !O pay, shall terminate all liability of the Company hereunJer. In the event, after nmice of claim has been given 10 the Com- pany by the Insured, the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedne:-ss 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 shaH in no case exceed, in all, the actual loss of the Insured and costs and atrorneys' fees which the Company may be obligated herel.lnder to pay. (b) The COmpany will pay, in addition to any loss insured against by this policy, J.ll 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 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 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 claim or suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because oJ a defect lien or encumbrance l10t excepted or exc'luded 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 expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsem!'nt of such payment unless the policy he lost or destroyed, in which case proof of such loss or destruction shall be furnished t() the satisfanion 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 shaH not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured. except to the extent that 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 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 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 ritle 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 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 result fmOl any act of the In- sured, such act shall not void this policy, but the COml)any, in tbat event, shall be required {lJ pay only that pan of any losses insured a~ainst hert;'under which shall ex- ceed the ~mount. if any, lost (0 the Com- pany by reason of the impairment of the right of subrogation. The Insured, if re- quested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in ordt:t to perfect such right of subrogation, and shall permit the 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 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. 10, POLICY ENTIRE CONTRACT Any action or actions or rights of action that the Insured may have or may bring against the Company arising out of the status of the lien of the monga~e 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 this policy can be waived or changed except by writing t:ndorsed hereon or attached hereto signt-d by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall bt' ad~ dressed to it at the office which issued this policy or to its Home Office. 433 South Spring Street, Los Angeles 54, 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 "-OUNOEC IN 11"'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 ,,' ,--~. .--'-.......:-