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HomeMy WebLinkAboutD-1637 ~, t" I I} : CERTIFICATE OF ACCEPTANCE ~W398or~ 38 "." 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, Ig68 , from or executed by John J. Murphy and Mildred E. Murphy , 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 2g, 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 au~thorized officers. ~-'~ ~?t~ / City Man r City Engineer The document thus described is hereby approved ~_to-Iorm._ ~e_ ~'--- l\:) l\:) ~ ,,' " \~ ,-~ D-/u? CITY OF ARCADIA AND WHEN REC(JRDED MAIL TO RECORDED IN OFFICIAL RECORDS OF LOS ANGElES COUNTY, C,~LiF, rOR T!TLE H'lGURANCE &. TRUST CO. I NQme City Clerk Street P.O. Box 60 Addrell I APR 24 1968 AT 8 A.M. RAY E. LEE, County Recorder. cr" & Arcadia, Calif. Stal"L ~ SPACE ABOVE THIS LINE -FOR , ~P'R 2' MAIL TAX STATEMENTS TO City of Arcadia .075 AFFIX.uP.& S I~" ___ .......___.___.I:\" 111]5 SPc\CE Grant Deed r-;; ,:';-';'---'- - -..;. '1 ~E~E TO.05 C (398) THIS FORM FURNISHED BY TITL.E INSURANCE AND TRUST COMPANY FOB A VALUABLE CO!'iSIDERATIOi'\, receipt of which is hereby acknowledged, JOHN J. MURPHY and MILDRED E. MURPHY ft.,. eb\ CBANTIXJ 10 the CITY OF ARCADIA, a Municipal Corporation, /A/ FeE M . 81. e.asemeFlt for public street and road purposes, to become a ]A <;r,t :5 Baldwin Avenue, in, on, upon and across the following desct'\hed real propertv in the City of Arcadia, countvof Los Angeles ,slate of {~Iiforn~ part of and to be known The easterly 12.00 feet of the southerly one-half of Lot 2 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. II ,,~ Iu ') ,. c: " ,~ C .oj l.J.. - '" '- }:: ~ ~ t.: ]wforc me, the Ilndl~r- signed. a No al"Y Pub]ic ill and fill" ;;aid COllllt}" and State. Jwrsonally "pp,md John' J. Murphy and Mildred E. Murl1hy / . rJ.,L MILDRED E. MURPHY ~ 5 ~ Daled:. (j~.R If; ;C; (p f STATE OF CALlFORi'\I:\ } ss. l. ~ ) ,) J " ,- , to he tile l'crs()r~\\-hose llal1H~S are instrument ami acknOWledged that. they I \VrT~ESS lilY hand and o!fu;ial ~t'a1. . known to mc su1>sniht'd to the within f'Xf~cut{'d the SUlll(~, 4,"01",... ;'::-7"""". "... :" La\, g-~~::1!, ~-~- . L'l 1 ~~'..-1-\L FLORENCE E. NEERGARD c. , , '0 , . LOS ANGELES COUNTY MyCommission Expires Mar. 4. 1972 C U1"Q~"'~ GRANT DEED Title Insurance and Trust Company 433 SOUTH SPRING STREET LOS ANGELES 54. CALIFORNIA COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL , ,'" . . GRANT DEED Title Insurance and Trust Company 433 SOUTH SPRING STREET LOS ANGELES 54. CALIFORNIA COMPLETE:: STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL ..., . ..'1" '. ~ C-< COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 625.3611 MARK H. BLOODGOOD AUDITOR.CONTROl.LER May 21, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California 91006 Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel No. 89 Gentlemen: -i>.. Pursuant to yc.ur letter dated May 9i;)1968, taxes have been cancelled in acc.,rdance with Section 4986 "f the Revenue and Taxati"n Code. This cancel- lation was ordered by the Honorable Board of Super- visors Oct. 29, 1968 by Auth'lrization No. 06347. Very truly y:urs, ~ BIDODGOOD, Auditor-Contr011er ~J J. R. Passarella, Chief Tax Division JRP!EMP!ejri ftJ~ / (p ~ / ROBERT A. GILL. CHIEF DEPUTY J. R. PASSARELLA, CHIEF, TAX DIVISION. RECEIVED MAY 27 1969 CITY OF AReADl;\ CITY ATTORNEY CITY COUNCIL DON w. HAGE MAYOR City of Arcadia C, ROBERT ARTH MAYOR PRO TEM EDWARD L, BUTTERWORTH ROBERT J, CONSIDINE JAMES R, HELMS. JR, ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H, COZAD CITY"'''NAGER 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. 89 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 Ene. I~ MA'LING ADDRESSES CITY HALL P. 0, BOX eo 91006 LIBRARY 20 W, DUARTE ROAD 91006 POLICE DEPARTMENT P. o. BOX 60 91006 FIRE DEPARTMENT 710 s. SANTA ANITA AVE. 91006 TELEPHONES 446_4471 . 661-0276 446_7111 447.2121 446.2128 C/. v v-- TO 1012.] F c: (10.67) California lO\1d Tille Association Standard Coveroge Policy Form Copyright 1963 1893 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 amoum of which are shown in Schedule A, hereby insures the panies 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 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: I. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C. existing at the date hereof. not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the eXt(ution 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 estate or interest referred to in this poiicy; 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 m'ortgage being shown in Schedule B in the order of its priority; all subJ'ect, howe~er.~tb'1~""p~~isions of Schedules A, Band C and to the Conditions and Stipulations- ""'-- "~\ hereto annexed;::'- ....~CE AND 'Ill. \\. ~ ",r 0000000 V.$'>. III ~ ':1"""" oO~"t. \S PI?Oooo '" 1,/ ff~ OO~Of'1 "..0, r'\ ! ~ ~ o05q ~4-(1"t'111JJl.!tZl-YVt~n~ss(..."WtrereofJ Title Insurance and Trust Company has caused its }f ...... 00$. ** !lcorp.8rat~;. 8ame~a~jd seal to be hereunto affixed by its duly authorized officers ~ 4J o~ ~r/ 1"-0-d'" 0 "'"' -,.. h d I A ~ ....J 0[_",- _~~y..,-. on the a~e,shown'tn Sc e u e . ~ I- 0 - - fA >~~;, I1~LUO ". ~ ~ _ 0 -_,~"- ,d,,'!' '<"-;;1ob ,',1\ 0 2: ~ 1'\ I- 'i, :/;(t'yf~':~\i'i,-g"'( ~ 'l 0 .A '~~t~ l:'~b~ F')~' ,~f "Q 00 :; ~) -{r o-S-~ "_ Y~'-,;iT" t:--c'~'vo * j:: o 0" '<'. _-I". ^vo_ ~j ./ 0 ~. " " ~~ 0 L, ~ 1/~ '0 oo~'74TE IS G\}OOO ,,";:;, ~~\ $ 00000000 ?tov,&;~ \\~\\\~rvGeu:s,~~ \\\""'~~ Title Insurance and Trust Company by C;;~~~NT Attest ~ 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 rcfert:nce, in Schedule C and improvements affixed thereto which by law constitute rea] property; (b) "public records": those records which impart constructjve 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 parties named as Insured, and if the owner of the in- debtedness secured by a mongage 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, trusree'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 it mortgage described in Sched- u]e 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 guarantet'- ing [he 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 tbe conditions and stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does nor insure against loss or damage by reasons of the following: (a) Any law, ordinance or governmental regulation (including but not limited to huilding and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the char<lcter, dimensions, or location of any improvement now or hereafter erected on said I:wd, or prohibiting a separation in ownership or a reduction in [he dimensions or are,l of any lot or parcel of land. (b) Governmenta] 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 [he land expressly described in Schedule C, or title to streets, roads, ave- nues, lanes, ways oc waterways on which such land abuts. 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 properly, rights or easementS are insured, except that if {he land abuts upon one or more physically open srreets or highways this policy insures the ordinary rights of abutting owners for access to one of slich 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 m damage; or (2) known to tht, 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 hy the Insured shall have been made to the Com- pany prior to [he 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 wnu]d 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 estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mort- gage as insured. which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance 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 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- debtedne5s secured by a mortgage coveced by this policy, or, if an Insured in good faith leases or contracts 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 nmice 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 Comp:lny 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 the Company in regard to rhe subject matter of such aCtion, proceeding or matter shall cease and terminace; provided, however, that failure to nOtify shall in no case prejudice the claim of any lnsured unles5 the Company shall be actually prejudiced by such failure and then only t\l the extent of such prejudice. (c) The Company shall have the right at its own COSt ro institute and prosecute any action or proceeding or do any or her act which in its Dpinion may be necessary or desirable to establish the [itle of the estate oc interest or the lien of the moct- gage as insured; and the Company may take aoy appropriate aCtion under the terms of this policy whether or not it shall he ]iable 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 co prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide de. fen5e in such action or proceeding, and a]] 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 Insured s'hall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- 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 been furnished, and no recovery shall be had by rhe Insured under this policy unless action shall bc commenced thereon within five years afTer t'xpiration of said chiny day period. Failure to furnish such statement of loss or dama~e, or to commence such action within the time hereinbefore specified, shall be a con- clusive bar against maintenance by the In- sured of nny anion under this policy. 6. OPTION TO PAY, SETTlE OR COMPRO- MISE CLAIMS The Company shall have the option to payor setrle 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 indebtedO(:s.~ secured by a mortgage covered hy 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) . mc TO rOl2_t AS C Colifurnio land Title Association Standard Coverage Polic.y-1963 SCHEDULE A Premium $ 7"a61t? Amount $ 2,000.00 Effective Date April 24, 1968 at 8:00 a.m. Polic)' No 6739745 fNSURED CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof 1S vested ill: CITY OF ARCADIA, a municipal corporation. z. The estate or interest in the land described or referred to ill Schedule C .covered by this policy 1S 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 OIl real property or by the public records. 2. Any facts, rights, interests, or claims which arc not shown by the public records hut which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Ensements, claims of easenwnt or encumbrances which arc not shown by the public records. 4-. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown hy the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title'to water. IBM TO 1012.18 Coni. C . California land Title Anoclatlon Standard Coverage Pollcy-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 1968-1969, a lien not yet payable. General and special for the fiscal year Second Installment county and city taxes 1967-1968, : $211.07 parcel No. 5385-29-4 plus penalty of $12.66 plus advertfsing of $3.00 cost 2. Covenants, conditions of restrictions Recorded and restrictions in the declaration : prior to February 15, 1950 in book 2679 page 48, Official Records Which provide that a violation thereot shall not defeat~ render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said covenants, conditions by reference thereto in a Executed by Recorded and restrictions have been incorporated deed Secu~ity Trust and Savings Bank prior'to February 15, 1950 in book 2996 page 245"Official Records. 3. General plan of other lots in Executed by Recorded 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 4. An action in the Commmen; 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 use parcel 89 Notice of the pendency Recorded of said action was : March 22, 1968 in Official Recor~s, book M2807 page 805, as instrument No. 3066 , , 5. The following provision of the deed from John J. Murphy and Mildred E. Murphy, to the City of Arcadia, a municipal corporation, recoroed April 24, 1968: "Grants to the City 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." T<) 1012-1-10,56-1C C' American land Title Associotion loon Policy Additionol Coveroge-1962 "' Ctl1lfornio lond Title Associotion Standord 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 follows: The easterly 12.00 feet of the southerly one-half of lot 2 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. . '.' J I ~ <> ;;<> '" <ri ~ ;Y. 8/o/0'E_ ~ 6flR/BflLD/ RYE. ~ 60 130 C) /90 C:) <> 89 <> ~ ~ <> <> <> -5.5- '" ... ... " /'<> <> <> ~f1\~ ~-8-8-.':> ~ ~ !C" \% f <> 87 ~ )~"/ <> <> ~/57 <> ... ... I /1, I .-<) <> 86 / 58 <) <> ... I. I ' 1,. /8~1 \ / <> I~ <> 58y ... I' <> f84f 6tJ C) C) C) ... ... i 190 130 ~ It: .:; t t1600DRUFF ~ <I) l<J ~ ~ l<J Cl -.J Cl \!) .. ~ \A3\ 130 ~ 61 .\; \8Z'\ 62 <> '<> <> , \ 63 <> " ~p '<> ~ 80 64 <> '<> ~ 79\ \ 65 ~ ~ 78 \~ ??>>.. 66 ~ I;i 77 " <:/ ~6'7. <> " /... "- '<> <> 76;30 ;;;'~6~5i)0~ '<> 65 50 50 50 50 '50 65 " ~ '" ~ 75 74 73 72. 71 70 69 I, I "".9 1165 52 5.9 50 5g 65 60 " ~ LRS TUNRS " v @ ~~- ~ ~f!J:~ wi@g8~ ~~' ~"2 ;30 130 1 ~ 5~ :\:>.." g.>~ ,,~;;;- tPr,"-. ... ~\'t:- C) C) Q: ~~J:.,Jr:' ~ ~ It: ~ 53 28 -'2 ~ 26~t,,--i-l '(t'r': '\ ! ~ 25 ~\ ~ g 5/ --311~~-.. ~ ~Ll_ ::~;/_~.~ , I ...... l;;;) L.:J-....J ~ \t:l ~ j' r-...... "I \. ')" ,f \P~ ~1,50l \ ~T ~ I ~. 23 5 \ii~ ~ 1,491 ill ~ r ~1, 22 G \.) I ,. 130 1f)0 I' IBO 130 I,. I I;. I fi n:.!~ ~':4;r 19;4 ~ \ ~"" 2;0 /307 /'i~ __~ 47~ 35 ,;g} ~. \2,.0, c/!~ ~ 5:', ". il rz'" f, '. . . I I.' {' "" <ri ~ 46 36 ~ Cl ~ 1.9 a.v ~ 55 <.: /ff" <.: <I) ~ 45 37 i5 It: i5 I~O 4 10 'g ~ l<J ' 130 ;"0 ' -..J' /" litff' 190 ' Cl ....<::. 1165 50 50 50 50 50 (is ~ 65' 50 ''!'} '50 50 50 65 -..J ?$~'Yl-....... :;> _Q-"t;. ;;~ /' " " It: ,t~i~ ___, _... "'"'. ICQ\gl /...... CQ O:::l 0""\ ,,~;{ (!fic':,) . -4-~ 1@?~\?:3/ ...... -.... Y\" ;f;4/r1J.'4ZAhi0ii3.9'8.8 ~e-n 16/514 /3 /2 /Is-" -"""- -y ~i!t,.j ~ ~- ..~, ...~.'-. '_~ I. ---- '"~~:t ~~~ ~ /00 601f6.ff 50 50 52 50 50 65 60 ~! 5!f ~1 r~-':' 50 50 1.Il/<';j 50 '~ 6S '" '" URIVE '" " <> C) ... C) C) , 52 30 N. 81"/0'E. I T,.QACT NO. 656/ M 8.72 P9s. ~4-.3S LOTS / It> 89 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) the full amount of this policy. together with all COSts, attorneys' fees and expenses which the Company is obligated hereunder rt) pay, shall terminate all liability of the Company hereunder. I n the event. after notice of claim has been given to the Com. rany by the Insured, the Comrany offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortga~e securing the ,~ame to the Company upon payment of the purchase price, 7, PAYMENT OF lOSS (a) The liabilicy of che Company under this policy shall in no case exceed, in all. the actual loss of the Insured and COStS and ;Utorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy. all co~ts imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and 3uorneys' fees in litigation carried on by the Insured with rhe 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 exclu'ded 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 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 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 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 mortgage shown in Schedule H is an Insured herein then such payments shall not reduce pro t:lOto 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 morr- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy sh,dJ terminate all jiabiljty 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 10 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 interesr in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SenlEMENT Whenever the Company shall have settled a claim under this policy, all right uf sub- roga'tion 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 lnsured, 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 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 onlr that part of any losses insured against hereunder which shall ex- ceed the 'amount. if ,my. lost 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 any person or property nt'cessary in order 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 mOftgage 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 prioritr of the I ien of the mortgage. 10. POLICY ENTIRE CONTRACT Any aCtion or actions or rights of action that the Insured may have Of may bring against tile Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured hefein must be based on the provisions of this policy. No provision Of condition of this policy can be waived or changed except by writin~ endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Sc:cretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given ,he Com- pany and any statement in writin~ 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 Stfee[, 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 FOUNOIIO IN 1"":3 POLICY OF TITLE INSURANCE Offering complete title services throughout the state 0/ 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 Lo. Angele., California 90054