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HomeMy WebLinkAboutD-1635 {. '. '," ~ :t CERTIFICATE OF ACCEPTANCE ~ ~ 03978 r E 6\ 0 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 10, 1968 , from or executed by Harry A. Jankiewicz and Mary Jankiewicz , 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 ~ (X) <:> CIty OF ARCADIA p- ,/ (, .16- "NO WHEN RECORDED "'AIL TO RECOROED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF. FOR TITLE INSURANCE & TRUST CO. I Nome City Clerk Street P.O. Box 60 Addreu City & Arcadia, Calif. Slote L I APR 23 1968 AT 8 A.M. RAY E. LEE, County Recorde~ REcopn~- ,~KEE ~R $2. , ~ SPACE ABOVE THIS LINE FOR MAlt TAX STATEMENn TO I I Nome Ci ty of Arcadia CiTY & StoteL -.1 R :: if fil1J}f Street Addre51 Grant Deed ).2L AFFIX .j,ft,S, $ ................. _. ABOVE T0405C (4.671 THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY 'FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, HARRY A; JANKIEWICZ and MARY JANKIEWICZ hereby GRANT(~ 10 the CITY OF ARCADIA, a Municipal Corporation, an easement 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 Arcadi~, , State of California: The westerly 17.00 feet of Lot 11 of Tract No. 6181, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 66, Page 84cof Maps, in the office of the County Recorder of said County. FREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY The City of Arcadia SEE Gov't Code bl03 '( IN Cl-V\\N OF JIf.J:E !H'S NECESSAR Dated ~ 'o,L~{'f? \ %\ - :- 0 OJ ~ 7 Cl ~ W '" r U '" (oj .. > C; Z 0 i= ,~ 2 l V C '. STATE OF ~~lA- } COUNTY OF mS-1\lIIm:LES HARRIS SS, On 10th of ApT; 1 J 1 qf\A before me, the under- signed, a Notary Public in and for said State, personally appearE'd Harry A. Jankiewicz and Mary Jankiewicz to he the persorLS--whose name Q instrument and acknowledged that WITNESS my hand and official seal. , known to me ~T"":' subscribed to the within 1"""h ,,:.y executed the same, ",,~ ':<' ~', :~::,',' :~~;";/T::,:,::'::;},..~?,)\~,,::. ~,.~ 'j~,'~ 'j ~..- I \ ';:,; . :. : _ ',:'\". "',',,,,0, :,""~i?:~,;,;1,O,O:r,~:,:;.>:,:',f:,';; ~;,~ ':;\ .'::_",J. ~: ~" - , -, l' '>. ... . ~ " GRANT DEED GRANT DEED Title Insurance and Trust Company Title Insurance and Trust Company " COMPL.ETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL COMPLETE STATEWIDE TITLE SERVICE 'N\"'...... ONE ...o-c".... C"-....... MARK H. BLOODGOOD AUDITOR.CONTROLLER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER ROBERT A. GIL.L CHIEF DEPUTY t 53 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 525.361 1 J R. PASSARELLA. CHIEF, TAX DIVISION February 20, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California RECEiVED FEB 27 1969 CITY OF ARCADIA CITY. ;'~.TIORN~Y Attention: Robert D. Ogle City At,torney Re: Baldwin Avenue Parcel No. 66 Harry A. and Mary Jankiewicz - Grantors Gentlemen: Pursuant to your letter datedMay 9, 1968, taxes have been cancelled in accordance with Section 4986 of the Revenue and Taxation Code. This cancel- lation ,ms ordered by the Honorable Board of Super- visors October 22, 1968 by Authorization NO'06153. Very truly your s , !1A.j'{ K Ii. BLOODGOOD, Auditor-Controller By J. R. Passarella, Chief Tax Division JRP !ENP It c ," . CITY COUNCIL DON W. HAGE MAYOR City of Arcadia C. ~08ERT ARTH MAYOR PRO TEM EDWARD L. BUTIERWORTH ROBERT J. CONSIDINE JAME~ R. HELMS, JR. ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H, COZAD CITY MANAGER CHRISTINE VAN MAANEN 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 No. 66 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. ~ MAILING ADDRESSES CITY HALL p, O. BOX 60 91006 L1f3RARY 20 W. DUARTE ROAD 91006 POLICE DEPARTMENT P. O. BOX 60 91006 FIRE DEPARTMENT 710 S. SANTA ANITA AVE. 91006 TELEPHONES 446.4471 . 681.0276 446,711' 447,2121 446-2128 tp(,,(, TO 1012-1 F c: (10-67) Colifornio lOl1d Title Auociotion Sfondord Caverage Policy Form Copyright 1963 1893 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trus.t Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the eEfeccive 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 dissolurion, merger or consolidation, against loss or damage not exceeding the amoum stated in Schedule A, together with COSts, attorneys' fees and expenses which the Company may become obligated ro 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 tid,' to the estate or interest covered hereby in the land described or referred to in Schedule C, t'xisting at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2, Unmarketabiliry of such title; or 3. Any defect in the execution of aoy 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 t'state or intert'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 to in Schedule B, or excluded from coverage in the Cunditions and Stipulations, said ffi'ortgage being shown in Schedule B in the order of its. priority; all sub)' ect, however.;~'f0'1h\"'p)~~~sions of Schedules A, Band C and to the Conditions and Stipulations' ....- "~\ hereto annexed~ ~CE AND r/?/. 1\1 ~ ,,'" 0000000 '"'.so III - V~ 00~,~ \S PROooo J- 'IJ ;;r ~ o(J~Ot". ,.~ 0 ,.") f , ~ oo~ .q.{>1-'%'l&;'l!l~JJY/fJ1ft.Js(,.-WthereofJ Title Insurance and Trust Company has caused its ~...... 0 ~ Q 1 '- ~. {'to. 0 .- fh.J b ' :? 0 ~ ,.,.* cOrP..9rate:narne.anu seal to e hereunto affixed by Its duly authoflzed offICers ~ W o~ _.--/ ,. ,'rd' ch"" /'.. S h d I A ~ .....l oj ___. :\..-.........~l on the a~e\s own/In c e u e . ~ ~ 0- ',,,,, .~. !;\---<-'-'-'O y ,.., % ~ 0 -.-~ '-J[..~ ~~tj.J,,' \ 0 2: ~ ~ I- ~ "~FQtJ~~f)-cg"-<: ~ /Ii .H 0 .... ,':I;: c.: '. ; Q 0 "- ;;.'! ,/, ..... oooS-", '~~,li"1J.d' <:)"'00 " j;f ~I ./ 0 <t '-' .,..~o L, ~ '1 '0 00;;1'4TE IS (,0000 ,,,,,~ III .so -<1 00000000 C'if--v 5 '\" NGEU:S, $' \\\\'\""~~.... Title Insurance and Trust Company by ~~~~NT Alleft ~ 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 hy law constjmte 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 norice which may he 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 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 (I) each successot 'in interest in ownership of such indebtedness, (2) an)' 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 instrumencality which is an in- surer or guarancor 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 [0 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 ocher 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 lnsured, 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 fl'gulation (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 ;IOY improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or ared 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 described in Schedule C, or title to streets, roads, ave- nues, lanes, ways or waterways on which such land abut.s, or the right to maintain therein vaults, runnels, ramps or any other structure or improvement; or any rights or easements therein unless this policy specific- ally provides that such property. rights or casements are insured. except that if the land abuts upon one or lllorc physically open sueets or highways this policy insures the ordinary rights of abutting 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 (I) created, suffered, assumed or agreed to by the Insured claiming Joss or damage; or (2) known [0 the Insured Claimant either at the date of this policy or at the date such I nsured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records, unless disclosure thereof in writing hy the Insured shaH 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 lnsured, 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 esta.te 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 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 mortgage as insured, or which might cause loss or damage for w};ich 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 murtgage covered by chis policy, or, i an Insured in good faith leases or contraers to sell lease or mortgage the 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 plead- ings or if the Insured shall not, in writing, promptly notify the Company 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 elaimed un- marketability of title, then all liability of the Company in regard to the subject matter of such aClion. 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 the ri,!:dH 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 the Company may take any appropriate action under the terms of thi5 policy whether nr not it 5nall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all caseS where this policy per- mits or requires the Company to prosecute or provide for the defense of any action or proceedin,g. the Insured shall secure to it the right to so prosecute or provide de- fense in such action or proceeding, and all appeals therein. and permit it to use, al its option, the name of the Insured for such purpose, Whenever requested by the Com- pany the Insured shall give the Company all reasonable aid in any su(h action or proceeding, in effecting settlement, securing evidence, obtaining witnesses. or prosecu- ting or" defending such action or proceed- ing, ;lnd 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 been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss or damage, or to commence such aClion within the time hereinbefore specified, shall be a coo- elusive bar against maintenance by the In- sured of any action under this policy. 6, OPTION TO PAY, SETTLE OR COMPRO- MISE ClAIMS The Company ~hall have the 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 llnder thi.s policy by the owner of the indebt{,dm:ss secmed by a mortgage covert:d by this policy, the Company shall have the option to purchase said indebtedness; such pur- ch:;.se, payment or tender of payment of (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) TO 1012,l_lA C Colllornia land TUle Association Standard Co,.verage Poli~y-196J SCHEDULE A Premium $ '10. 0 () .Amount $ 2,000.00 Effective Date April 23, 1968 at 8:00 a.m. Policy No, 6739730 INSURED CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF ARCADIA, a municipal corporation. 2. The estate or interest in the land described or referred to in Schedule C covered in this policy is: an easement for public street and road purposes. I ,I1I'1H TO 1012,I.B C California land Tlfle Association Standard ~CoVeragll PaHcy-1963 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 eXlstmg liens by the records of any taxing authority that levies taxes or assessments all real property or by the public records. 2, Any facts, rights, interests, or claims which are not show'n by the public records but which could be ascertained by an inspection of s!,!id .land or by making inquiry of persons in possession thereof. 3, Easements, claims of easement or encumbrances which are not shown by the public records. 4-. DiscrepAncies, conflicts in boundary lines, .shortage in area, encroachments, or any other facts which a corrc;l sur'vey would disclose, and which are not shown by the p\Ihlic records. 5. Unpatented mining claims; reservations or exceptions in plltents or in Acts authorizing the issuance . thereof; water rights, claims or title to \'Vater. 6, Any facts. rights, interests or claims which are not shown by the public records but which could be ascer~ tained by making inquiry of the lessors in the lease or leases described or referred to in paragraph 2 of Schedule A, 7. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases deScribed in paragraph 2- of Schedule A. . ' PART II 1. for General and special county and city taxes the fiscal year 1968-1969, a'~ien not yet ()ayable, 2. Covenants', conditions of restrictions Executed by Recorded and restrictions in the declaration California Trust Company prior to February 15, 1950 in book 4862 page 344 of Official Records Sa idcovenant s, an instrument Executed by Recorded conditions and restrictions have been modified by Califor~ia Trust Company prior to February 15, 1950 in book 5670 page 101 of Official Records Said covenants, conditions and restrictions haye been incorporated by reference thereto in a deed. Recorded prior to February 15, 1950 in book 11796 page 57, 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. An easement purposes stated In Favor of For Recorded Affects affecting the portion of said land and for the herein and incidental purposes Southern California Telephone Company pole lines in book 18628 pae 377, Official Records the rear 4 feet 4. An action in the Commenc'ed 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 right of way 'parcel 66 Notice of the pendency Recorded of said action was March 22, 1968 in book M 2807 page 805, Ofilcial Records, as instrument No. 3066 TO 1012-1-1056-lC C American land TItle ,A'!'!ociatlon loan Policy Additional Coverage...:;1962 0' California land Title A'!'!aciatlon Standard Coverage Policy-1963 SCHEDULE C The land referred to in this policy is situated III the county of Los Angeles, state of California, and is described as follows, The westerly 17.00 feet of lot 11 of Tract No. 6181, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 66 page 84 of Maps, in the office of the county recorder of said county. . .~ ~~- ,'-, ~ oAR/BALDI ~ IW~' \ Q5 PAL H .B. D,Q. Ql 55 1",<.A../.t(J,;:,--: 1I,,~~~..Jt\miCd1 fffa~,,' 7.1 ~ eo ;:7~:,f'7;jct' ~ ~<\\,\li;';'\Sl_ --~...... ~/M '<) 4~;~:'~ Z 3 4- ;~"~~;~ /?i,~/' 5 ~()) > "j ~~'" 291/ """ 0 ;;j~&":"",,.~, ,/""/ ~ Z8s.;1 WeST ~\'"' \ /."~,,,~,II r/~, /~ ~'~" 77.8'~,f~."~,.,, .-"'.~? ~' \>,\ ... ' I '.. < .. ' ".... \ I I I 264,91 \ ~ \ , ~I \ () .: r j\l)I' 'f. I I' ~ \ '{ i "I -J r.. J ) ~,!/O ' ')\~' ~ r'- I 2~~O,17 / E;sf ~ ! '\1 1.1.1 \91 . :'WOODI2UFF~ ---S: i ) 61 ~\II AV~. t~'~~~1 ~~~'~_'"WI ~< I c ~ ~ ~t: ~/ -..l Cl 13 () /~yY ~ (1;) 244,4/ . 4~~7' @ J> '-... ~ Cl ~ ~);I.( </1\.) .... ~ .IA '<) ir'~~ "w.({')>)I....'>. ~ ..,.. ~ ..--.'1' ~:::;\.>' '" <! 'l.f5j Q._____.. ---- 401,'? ';7 '-t j:i, '" 228.-:58~" ~,,~W< 00 60 ..........~'-!.!..U./V(ci\ i!!'Sj.r,;;1 'i~\.l\' =-~ Cl ~~)~r~u&i:~~:el'WOOO.eUFr(() AVE. \ TRACT NO. 6/8/ M .8. 66 -84 @ 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 and Concluded From Reverse Side of Policy Face) ,he full amount of this policy. together ".i,h all costs, attorneys' fees and expenses which the Com!xmy is obligated hereunder [(l pay. shall terminate all liability of the Company hereunder. In the event. after nocice 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 inJebtedness and the mortgal{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 (}f rhe Insured and COStS and atweneys' fees which the Company may be obligated hereunder to pay. (11) The Company will pay. in addition to any loss insured against by Ihis policy, all costs impos~d upon the Insured in Iiti. gat ion carried On by the Company for the Insured. and all COSts and attorneys' fees in litigation carried on by rhe Insured with the wrirten 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 (jefect. 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 vo]untarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (3) in the event the tide is rejected as unmarketable because o.f a defect lien or encumbrance nor 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 endorsemerlt 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 lhe owner of an indebtedness secured by a mortga~c shown in Schedule B is an Insured herein then such payml"nts' shall 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 sc<:ured by such mort- gage. Payment in full by any person or voluntary satisfanion or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability 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 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 ro such rights and remedies in the proportion which said pay- ment bears to the amount of said loss. If @ loss should result fmm 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 part of any losses insured against hereunder which shall ex- ceed the 'amount. if itny, losr to 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 ;tny person or property necessary in ord('r to pe:rfecr 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 mortga,ge covered by this policy, such Insured may release or substitute rhe 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 co]- lateral security for the indebtedness, pro- vided such act does nor result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any anion or actions or rights of action rhat the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or imerest insured herein must be ha$ed on the provisions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed br the President. a Vice President. the Secretary, an Assisrant Secretary or other validating officer of rhe Company. 11. NOTICES, WHERE SENT All notices required to be givt"n the Com- pany and any statement in writin~ rt"quired to be furnished the Company shall be ad- dressed to ir 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 FOUNOEO IN '8"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 slates of Alaska, Nevada-, Oregon and Washington through subsidiary Companies. Title Insurance and Trust Company 433 South Spring Street Los Angeles, California 90054