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HomeMy WebLinkAboutD-1677 "~K D40S7rG /64 : /)- /6 '/7 eehificate of Acknowledgment of Execution of an Instrument I, \ State of Malawi ______.___umuuuu.n __.u.. n" ~___u_"",uhmmu..u] (Country) (CountJ and/or other political division) City of Zomba 5S: (County and/or othf'r rolltical d\vL~ion) Embassy of the United States ~QJ'___AD1~J:_i_c;_~____ .__, ____ ..__. U._"'__U_.UnO___H, (Name of forrign strvice omce) '- I, h John M. Yates ..___u_...__ m.J Vice Consul of the United States of America at . ___mZomba, M.a.1a.,^,~___m___ duly commissioned and quab'fied, do hereby certify that on this ..u.~.8,t~um'uu____uu,u, 1968 I ____u.- ..., beiGre me personally appeared mmumm"ouu__mmmmU day of ..n'~~~.~'~m.m (Oau) .. u,.""" _ u .R.o. b.e:r:~. _ ~:, uM,() s,"~u"r:.dm':l,,:r:~ ",,:.e, t. u~ :m1'1:'.5 .e,~.. _.. _., to me personally known, and known to me to be the individual?.. desc~jbed in, whose 'j ~name sm?!-~~ subscribed to, and who executed the annexed instrument, and beinA ~, t informed by me of the contents of said instrument __,h~.'!_~_. du.ly acknowledAed to me , that ...~!::=:! executed the same freely and voluntarily for the uses and purposes therel'n mentioned. ~Gf\1.- In witness her of I have hereunto set my hand and nited States 01 America. NOTL- er practicable all signatures to . document should be included hi one certificate. ~) ... ,'C4 " CERTIFICATE OF ACCEPTANCE ~~D4057 rb 163 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 ins trument dated June 18, 1968 , from or execu ted by Robert G. Moses and Margaret H. Moses , is hereby accepted by the City oLArcadia 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. ~, C11 ~ The ~~ilr~ City Manage cument thus described is hereby ."m..~ Cit y, "'J*~: . .Ie"6o;di~g : :,.:.... .1"'-(" '. "":':'. ~ . ... fi;. '. "'.1 . \>.'. -< .'< ; .' ".'. :7;: _ B~04057~G 162 . ,,' .' 'O~ /l..'l7 . '. ,.. '. '.' "." :.., ". . Requested. By' . c:ITY. OF ARCAiJIA. ., . '. "::',: . " , . ' ;. I . ~ <-' ,When 'Re,co'rded, 'Mail, To'. '. . - -<.I> ".' ;:'." ,'.. .. ..., '. - " " .: RECORDt:D INOFFICIAL RECORDS . 'OF LOS ANGELES COUNTY, CAtIF. . FOR.tITLE iNSURAf'!CE & TRUST CO. .JUL .8 1968 At 8 A:M., '..' ..\.' t . '. , "HAY E. LEE,.C,ount~ Recorcjer:. . ,. . , .~ ~ . Cit:lClerk '. ., ,P. . ':0. :Sox' 60 ",... ,,' , Arc~dia, :'Californi'a :,. H'::,';: ", . , :...' . .... ,.' , '- ~.,. 'Mai.l' Ta; sfa:teme~tsto. . " , . .: ;::.: ':. . -I;"~ ~~:. , . ."~ .' i:' .~, . . ',,' , ' . . . ",'~ .:" . . " " City of Arcadia' ",', '. t: ;,,:'j;....: , . .' . . ',..... " : "::;:'{€BEE~1~V~' .:' '. " r.c.:.:r:~-:; :,_ : '. " ",,' Ii ~;-. ,',! . L_" , " "':">'~~'''' .,:-,._;,...l',,)'~ ',,~-;;'" ,,,~.. 'c. ~t't, .' ",'l "', , "",,,: ',;.:'::' , .' .GRi\.NT DEED." " "., ;. r:. " . .':~ :~' . . . \.~'-c.': " . .. - ',~. -'.' :',0:>> ,i: ."~.2~ . . >3d' E~L . ., tJ J:%l . ,'g~[iJ p~~poses~'t6becomea part o.f arid:to",be 'lmown.asBald'o/in A'I!enue~, ,in, 'on~~g .. to. '.,. ',' ';.',::. f'l., ..:'.:}{::":~,.,'.: :,~r.~.~".~:~._'-"; . ..... .;\~.:',. ' .. I.: . ~'Ell :' up~~, ~~d ac 1'o'ss the', f:()~~?Wing ~e s,: ~:i be d: r'~al:';PTo~e rty ,in the 9ih~ ,', ..'!~ ~' '. ,,::cadi~,. CO~,~.ty,.of' L.os":Ange~es"'~t~~te o'f C<;-.~iforn,ia-: :.' '... ."'~~ [iJ .,The' easterly: 12.90 .feet. of the,' southerly .1.00,:feetofthe south Cine-half'/og : of the north'lp,o~OO'fye~ ,of thesou~h 190.:00:':feet.of:LotEL.inBlock"0~' ,HJ:%l 'of the Santa..Anita Lahgc-Co'sTract, '.ip ,the ,CUy.ofAr~adia, c:ounty Of:'~~ : ~ ~- ,Lo,s..!\.l1geles ,:.~t~te.~o~,..9.,:?-i~o.r:rlia"as ."pe~,map,reso:rded'iri B90k 6 ,Page." ',:,o. o.gj.... 137 of!'laps;~n th~ off~~ce of..the.CountYRe.corderof: said County, and"... ,":1"." tha t portion o,f the southerly 90...QO, feet~.o.f.th,ee1J.s.terly 140. qo feet of.,:, :J> .' .Lot.~ ,in.s~d,d: Bl~Ck, .'~'ll~lUd,~d ~~.~hin,t~:~f01;L9~~;.~:,\irscrt~e~J,~nes:.. ;., . ,," ~'~: ' '. Begirirl:lng at' .the south~as t ccirner" Ofs.a;id.:lot; ,tl).ei'J.cehies,fe:rly';aYong :the:'::: gj. "southerly'l'fn'e of. said:.}ot. to the;~b~g:rnping"o!.,a;:\ t~n'gent,c.u'r.ve; .concave i.:- >3 northwesterly.having a 'radius' of 15:00 feet',.. .said'curve being..tangentat. !;; . it's., northe:r:lyr.t'er.mimls:,with thewe.s'terlY~irie of. ',th,.e"eas terly 1<2 ~OO feet 'rtl~ . ~fsaid lot ;th,erice, n?tth~as terl(,al~Jng. s.aid, c4r~e:.}~:,' said ~w~~~~rlY l~n~; gJ ~, . thence northerly.along,;salCl,':we.s1;yrly line,;to:'i"the.,~nor.therly bme':of s~~d.. ' "'. s9utherly ~90,00;fee~; 'thence ,'easterly 'along sai'd 'nor~hei'ly.lige' t().. the: " ' 'easterly lirie,' of sai.d 'To.t;" thence,.'southerly,' along said eas terly line to .' the point .of beginning:,: :. ", ,- '. ' .... .......o': .;"'. ...... ',:- , _. " .. "'~, . " . ' '~'- :., '. .... ". . ,I. ~ . :~: :D~ ie\i:' 1//'- ~'~" 13 ..'..' ',', '(":::::':.': :>: ,~ ~~'::":~O::~s: . 'V' '1 ,. ,. . ", . 't . " ~ :., " . ..' '. j, C . . . ' . ,. " \ . ' - ~ '"' , , FOR. A .VALUABLE CONSJ;DERATION, rece:Lpt, of_,which is hereby:ackrlOwledged, . . ""!.' ,,~t. . \. .: - ~ ,: ", '.: ::,' ::" '.' " " , ':';.''- ROBERT'G. 'MOSES arid MARGARET R'. :MOSESherebY' 'gra:ht. :to~ the ::CITY OF . ,. ':' "', ... ,':" ,.' '. . . :' ':~, :: . .... " ~. '-'..: .'. . . . .., . . I ~ ARC;ADIA, a' MuniCipal'Cp~porfl.tioh;.:.iri fee' 'for-public :st'reetand Toad 'cO " .',::' '. ;. " . ':"\ -: ~ ..:..., " . . , ~ .' I ,.... , ~ '.f,' ",l ~ ',-.., ' . ',dg~:;;:~ > '-.-l~'p..6-" .' ". . . '::" . . ' "c:,n'" . ,--,', .:' ~ "',,'" . , ~ ',f"':l' ,'It!.~"", '~" ~v,~~. ~~ ,. "1_.. , .";,;>~'.;;. . ',r. . :,.., .' " . "':. :1"" '1;<(.' , "':'<;' . ~'. . ",' =-" ,',:,' _ _ _ ~ : <:i '. " ~f~-<' . ,_"r'. . ,"", '... - .:~ ,; . ,~ ... ,_,'c' ~ .,: ""'0"_ , ,~ ' ~;."';.,;" f . , . ":-' ~.~~.,.<:':""o-:" .: __,~:' 't.' " ,-:.- ": j, , , ,; ... ..t. ~ ,1-. _ :.-: . , ,'; " ,,' '. , ~ ",' , .' ~. .." . ...., .. ,~l ".' :'",'.-, < " . . . " , ',"l,)~II'" "..:iw;i -Ao.'Xf.\.'-<:?IATElv\t;N;'. ~. -..-~".,~ .'~. .'~, .f.....~,:.,;I._ 't,. .~::....; . " " ". eUJill6~'-Nci~Nj',;'.~~.~~2:' . r ..- . _.-' . " " . . "''''' .d">U':l';"""l1 . ..'. '--.,(-~,,---,...,____,.... , 'U:';.I~ . :;':,! Q~~~~TI\~rtY iRANSj:!~ ''tAA $,d';h'€~_"'''''' ..,:, , .j ~ '., -. . Tjtt~,.I"$uran.co,Qnd '.j ,'.. , " Trust' Comp~ny ," ",' . . Sl(W~D "I'ARTY'OR AGFNT ' ">_.. ....'._ '1. .".' '_J : :'~;';,~'_,~ :"'J" . ~ .' " ,'. 'J ,'; ,.,,',. ',", '.1' .p ,'~ '- ',\,,-. '. {- I ' , , , "'.' " '.,', {. , ,,~, . t_, , '.'1. . ... . , .'" , ..... '. 'J,". ", " - ,'J " , , . :.1 .: ~ ", .' ., .-. . .' .' 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 MANAGER CHRISTINE VAN MAANEN CITY CLERK July 29. 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. 85 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. ~ MAILING ADDRESSES CITY HALL P. O. BOX 60 91006 LIBRARY 20 W, DUARTE ROAD 91006 POLICE DEPARTMENT P. O. BOX 60 91006 FIRE DEPARTMENT 710 5. SANTA ANITA AVE. 91006 TELEPHONES 446.4471 . 681-0276 446.7111 447.2121 446.2128 -. . .' . .. . . . . . <l .," MARK H. BLOODGOOD AUDITOR_CONTROLLER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGEL.ES. CALIFORNIA 90012 625.3611 March 27, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California 91006 Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel No. 87 Gentlemen: Pursuant to y<,ur letter dated July 29, 1968, tfL?:es have been cancel12d in acc'_,.rdance with Section 4986 ('f the Revenue Rnd T9~'{ati('n C::>de. This cc,r.cel- lation was ordeX'od by the Honorable Board (If S'e.per- visors Nov. 19, 1968 by Authr,riz8.tion No. 06777. Very truly yours, HARK H. BWODGOOD, Auditor-Contr011er Cf{ ~J J. R. Pass8rella, Chief Tax Divisi~n JRP/EMr-/2jd AJ -Ie?? ROBERT A. GIL.L CHIEF DEPUTY J. R. PASSARELLA, CHIEF. TAX DIVISION RECEiVED APR - 2 1969 CiTY OF ARCADIA . cra ATTORNEY. ~. y:5' TO 10\2 Fe (:I',bB) Clllifornill Land Title Associ"tion Stllnd<'lrd Coverllge Policy Form Copyright 196) , 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 parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissol1!tion, 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 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 (Overage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of sucti title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 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 Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, howe~r?-~"1~)))~};ion~ of Schedules A, Band C and to the Conditions and Stipulations hereto annexea~ ...'tl.CE AND rJ?;'~\\.1 ;" ~r 0000000 Vv . I : ~ ooO~€. IS PRO~oo )- I, , ~ oo~ ~o.tr~l!c~ ..('o.on ('\ j jf ~ 0 ~ ",<;< 'f.fJRE1iln~ W=ttnessCWhereofJ TItle Insurance and Trust Company has caused its ~ ,':: 001.:;20 J..; i cf~rat@~a~ tta seal to be hereunto affixed by Its duly authorized offICers ~ ""'" ':-..~ '1"r,r--,\"" -U '/. ~ ....J 0 ~\,.:.:: ~=Z: on"'1,the\date'Shown,in Schedule A. ~!:: ~-~... ~\ ~=o Z ~ ~ I- ~ /~~ ~jl .. g -< ~ ~ .H 0 ~;,\~~~ ,. .~~~.... % Title Insurance and Trust Company (J .... 0." -~ ~ - , ~ 0 .,. ;.- 'I 00~1;:..._~_._- 't.<<-<)oo if III (0 oo~,....iE IS <;\)000 ~ '; 'I oS' 00000000 ~v:- 1\\,,-4J1jGELES. V ~..-: ,\\\~\,,"~~ by /- /" -.LL. V~ /'~ PRESIDENT Attest ~H-~ SECRETARY '.. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land" the land described, specific. ally or by rdert:nce, in Schedule C and improvements affixed thereto wbich by law constitute rea] property; (b) "public records": those records which impart constructive notice of matters relating to said land; (c) "knowledge" actual knowledge, not Consrructive knowledge or notice which may be imputed to the Insured by reason of any public lecords; (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 secuted 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- tracr or guaranty insuring or guaranteeing said indebtednt'ss, 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 in.~ured owner of the indebtedness s('(Ured 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 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 on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lor 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 rC(lJrds at the date hereof. (c) Title to any property beyond the I ines 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. rJ.rnps ()f any other structure or impcovement; 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 streets or highways this policy insures lhe ordinary rights of abutting owners for access to one of stich streets or highways. unless otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, ad\'erse claims against lhe title as insured oc other matters (1) created, suffered, assumed or agreed to by the Insured daiming loss or damage; or (2) known to the Insured Claimam 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 lhe publ ic records, unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior ro the date of this policy; or (3) resulting in no loss to the Insured C]aim- ant; or (4) attaching or creared 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 (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 esta[e 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 ddect, 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 (Ome 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 [he in- debtedness secured by a murrgage covered 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 interesr is rejected as un- marketable, the Insured shall notify the Company therenf 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 Insurt:d shall not, in writing, promptly notify the Comp.my of any de- fect. lien or encumbranc~ insured against which shall come to the knowledJ?,t: of the Insured. or if the Insured shall not. in writing. promptlr notify the Co~p;lny of any such rejection by reason of claImed un- 1l1<lrketabiliry of title. thtn all liability of the Company in regard to the subject matter of such action. proceeding or matter shall cease ?nd terminate; provided, however. that failure to notify ;hall in no case prejudice the claim of allY Insured unless the Company shall be actually prejudiced by such failure and then 0nly to the extent of such prejudice. (c) The Company shall have the right at its own cost to instiwte and prosecute any action or proceeding or do any Other act which in its opinion may be necessary or desirable to establish the (ide of the estate or interest or the lien of the mort- gage as insured; and rlie Cornpan~' may rake 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 oE this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or provide foc the defeC1se of any action or proceeding. the Insured shall secure to it the right to so proseCLtte 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 pmpose. Whenever requested by the Com- pany the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu, ting ot" defending such itction or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. S. 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 v.,hich it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such IOS5 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 un]es5 action shall he commenced thereon within five years after expiration of said thiny day period. Failure to furnish such statement of loss or damage, or to commence such <tction within the time hereinbefore specified. shall be a con- clusive bar against maintenance by the In- sured of any ;lClion under this policy, 6. OPTION TO PAY, SETfLE OR COMPRO- MISE CLAIMS The Company shall h~ve the option to payor settle or compron1ise for or in the name of the Insured allY claim insured against or to pay the full amount of this policy, or, in case loss is daimed under this policy by the owner of the indehtedl1es~ secured by a mortgage coven::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 1012-1 AB C ':' Califurnia Land Title Associotion Stondard Coverage Policy-1963 .' SCHEDULE A Premium $ 'lb. O(} Amount $ 2,000. 00 Effective Date July 8, 1968 at 8:00 a.m. Policy No, 6739749 INSUHED CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof is vested m: CITY OF ARCADIA, a municipal corporation. 2. The estate or interest in the land described or referred to ill Schedule C covered by this policy IS a fee, SCHEDULE B 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 fncts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspecti,on of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances \vhich are 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 by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts autllOrizing the issuance thereof. water rights, claims or title to water. sc TO 1012.1B Coni. C Colifornia land Tille Association Standard Cover.."Qe Policy.l.'963 S C H ED 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. 2. An easement affecting all of said land for the purposes stated herein and incidental purposes, In Favor Of Edward C. Cribb and R. T. Brodek For lay, maintain and repair pipe lines Recorded :. in book 3035 page 192 of Deeds and recorded in book 3235 page 121 of , Deeds and subsequent deeds. 3. An easement aff~cting all of said land for the purposes stated herein and incidental purposes, In Favor Of : Santa Anita Land Company, a corporation For : laying and operating a pipe line for conveying water Recorded : in book 3632 page 276 of Deeds. 4. An action Commenced Entitled in the Superior Case No. Nature of Action Affects . . Court March 22, 1968 City of Arcadia, a municipal corporation vs. Elizabeth Rowse Wilson, et al. 929015, County of Los Angeles condemnation for public use Parcel 85. . . Notice of the pendency of Recorded said action was : March 22, 1968 in book M 2807 page 805, Official Records as instrument No. 3066. 5. The fOllowing provision of the deed from Robert G. Moses and Margaret R. Moses to the city of Arcadia, a municipal corporation recorded July 8, 1968: "Grants to the city of Arcadia, a municipal corporati6n, in fee for public street and road purposes, to become a part of and to be known as BiHdwin Avenue." TO 1012-1-1056-1C C American Land Tioloie Associe/ion Loan Policy Additional Coveroge-1962 0' California Land Title Associotion Stondard 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 1.00 feet of the south one-half of the north 100.00 feet of the south 190.00 feet of Lot 8, in Block "0" of the Santa Anita Land COIS Tract, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 6 page 137 of Maps, in the office of the' county recorder of said county. . . , TO.-'e VC-I '~ . ~ .'~ \ v , \\ , , ..., , ., \:\.: , ., \ : . . ~.... -. '{,,\ , ~ ." 1 \ '.. ~ \ I .t .' \. J,~ I.,.... ~ --e, L .- ,." "0" OF SAIJTA AfH'i'A LAUD COHPAi'lY 'S , I: // ,^ : / f .''1_ I / LI I . I 1 '"j, ~ I '. , , . ; , \ , , \ \ \ \\ , \l \ \1\ , , .l , .\ \ ~ ~ '\ cr,3C' , I . j-c8oj ~ . I.. ~. 1Bt' - 1 :-.; " B ~T ~lr}jJ~ ~.~ \~ I I', :.. ;7,,'11 '~~J), ,....~-4-.~- E-=-i}J""~:-~~'~~L I...." ~_...~---l~ 'r,:.~, JJ L u. :... . ..-' 1-'5 fAYE: ~ . ~ 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. CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) , . (he full amount of this policy, together with all coStS, attorneys' fees and expenses which the Company is obligated hereunder 10 pay, shall terminate all liabi]ity of the Company hereunder. In the event, afler notice of claim has been given !O the Com- pany by the Insured. the Company offers to purchase said indebtedness. [he owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all. the actual loss of the Insured and COStS and attorneys' 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, ;!.ll COSts imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all cosrs 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 (I) 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 a.s unmarketable because oJ a defect, lien or encumbrance not excepred or excluded in this policy, umil 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, atlOrneys' fees and expenses, shall reduce rhe amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy he 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 B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as ro such Insured, except to the extent that such paymeots reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release br the In- sUled of a mortgage covered by this policy shall terminate all liability of the Company [() 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 imerest described or referred (0 in Schedule A, and the amount so paid shall be deemed a paj.'. ment to the Insllfed under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured hy a mongage shown in Schedule B unless such Insured acquires tirle to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whene\'er the Company shall ha\'e 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 aoy 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 subrogatcd to such rights and remedies in the proportion which said pay, ment bears to the amount of said loss. If @ loss should result fWIll .10\' act of the In- sured. such act shall not ~oid this policy. hut the Camp.ln}" in that event. shall be required to pal' only that pan of any losses insured against hereunder which shall ex, ceed the amount. if any, 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 necessary in order to perfect such right of subrogation, and shall permit thc 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 persona] liabi]ity of any debtor or guarantor, or extend or otherwise modify the terms of payment. or release a portion of the estate 01" interest from the lit'n of the mortgage, or release any col- latera] security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mongaj:;e. 10, POLICY ENTIRE CONTRACT Any action or actions OJ' rights of action that the Insured may have or may bring against the Company arising out of thc status of the lien of the mongage covered by this policy or the title of the estate or inteft'st insured herein must be based on the provisions of this policy. No provision or condition of this policy can be waived or changcd except by writing endorsed hereon or attached hereto signcd by the President, a Vice President, th,. Secretary. an Assistant Secretary or other \'alidating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be given the Com- pany and any statement in writing r,'quired to be furnished the Company shall be ad- dressed to il at the office which issued this policy or to its Homc Office. .-j 33 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 POLICY OF TITLE INSURANCE .. , Providing directtWe services or referral services throughout the United States and the territory of Guam. Title Insurance and Trust Company " " ~ TO 1012 Fe (7'-68) California l.!lnd Title Association Standard Coverage Policy Form Copyright 19&3 \ POLICY OF TITLE INSURANCE ISSUED BY -- Title Insurance and Trust Company ~nce and Trust Company, a California corporation, herein called the Company, for a valuable tonsideration paid for this policy, the number, the effeaive date, 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 dissolution, merger or consolidation, against loss or damage not exceeding the amount scated 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 title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the dale hereof, not shown or referred to in Schedule B Or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketahility of such title; or .~. Any defed in [he execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 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 Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; . -",,'"'"\."\.'\''-~''' f S d I A B d C d d . d all subject, howe~r~ tOr.the prOVISIons 0 (he u es , an an to the Con itlOns an Stipulations hereto annexea-=-- ....~C\:. AND TRi-"\\ll - ~r 0000000 \9.. I ? ~ ooO';t.t. IS PRO~oo r 'I ~ ~ oo~ .(I.{l:trl)tc~ "".on (\ I :t ~ o~'v ...'9' 'f.fJBEl1ln~;WltneJSCWrhereofJ Title Insurance and Trust Company has caused its g r~ 000l...:. .,{r c1fp\~rafu"5a~ I~'d seal to be hereunto afflxed by its duly authorized officers '" .... '~2:c7 'f \ ~ '\ v ." ~ ~ ~ gL~ ~ onjthe19a,t~\ihQ,w~fin Schedule A. ~ _ 0 ,.' 6 '~' 0 Z ~ ~ I- ~ ./~. _' ifi Ii ..~g""C ~ ~ 0 -' ':\Y .~. . Qg J; Title Insurance and Trust Company ~) -l< o-S-", .,,;C,", ~!F<:J<Vo >:} ~ 'I, <' 00 ~ -....-.-... "",'<'00 j:t 'I <> oo~r.lliE "5 6\\000 ~ '.5 ~ Y'~ /--.L1-.... 'I Q' 00000000 'i-V.:::- by. '-= ~4 /'~ l\\,,4\IVGELES, ~.s--=- :\.\\'\'\"\.,~~_ PRESIDENT 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 reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) "public records" those H;cords 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) "clate": the effective dale; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instcument; and (f) "insured"; the party or parties named as Insured, and if the owner of the in, debtedness secured by a mortgage shown in Schedule B is named as, an Insured in Schedule A, the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guarameeing said indebtedness, or any part thereof, whether named as an insured herein or not subject otherwise to the provisions hcrcot: 2. BENEFITS AFTER ACQUISITION OF TITLE If an in<;u[ed 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 mher legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or imerest, Of' 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, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restri([ing 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. nr 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 rerords 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 {herein vaults. !Unncls. r:lmp!> or any other structure or improvemem; or any rights or easemc:nts therein unless this policy specific- ally provides that such property. rights or eaS<:'lTIents are insured. exc<:,pt that if the land abuts upon one (\[" more I,hysically open sueets or highways this policy insures the ordinary rights of abullin~ owners for access to one of such sueelS or highways. unlc:ss othen.:ise exceptd or excluded herein. (d) Defects, liens, encumbrances. ad\'erse claims against the title as insured or Olher matters (I) created, suffered, assumed ur agreed to by the Insured claiming loss or damage; or (2) known ro the Insured Claimant either at the datc of this policy or at the date such Insured Claimant ac- quircd an estate or interest insured bv this policy and not shown by the puhl ic 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 cccated 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 eSlate 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 ?r lien of the mortgage as insured, or whIch might cause loss or damage for wr.ich the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell {he in- debtedness secured by a mortgage covered 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 covere? by this policy refuses to pur- chase and In any such event the {ide to said estate or interest is reje<ted as un- marketable. the Insured shall notify the Company thereof in .writing. If such nmice shall not be given to the Company within ~en days, of the receipt of process or plead- lOgS or If the Insur~d shall not, in writing, promptly notify the Company of any de+ fect. lien or encumbrance insured a,g:linst which shall come to the knowledge of {he Insuced, or if the Insured shall not. in writing. pron1ptly notify the Company of all}' such rejection by reason of claimed un- marketability of title. then all liability of tl1t: Company in regard to tbe subject matter of such anion, proceeding or matter shall cease and terminate; provided. however, that failure to notify shall in no case prejudice the claim of any Insured unless {he Company shall be actually prejudiced by such failure and then only to the ex{ent of such prejudice. (c) The Company shall have the right 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 inrefest or the lien of the mort- gage as insured; and the Company may fake any apprQpriate action under the terms of this policy whether or not it shall be li<Jble [hereunder and shall not thereby concede liability or waive any provision of tbis policy. (d) In all cases where this policy per- mits or requices the Company to 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- 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 Ins\lred shall give the Company a]) reasonablE.' aid in any such action or proceeding, in effecting settlement, securing evidence, obt:lining witnesses, or prosecu- ting or' defending sllch 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 liahle under this policy shall he furoished to the Company within sixty days after such loss or damage shall have been determined. and no righ{ of action shall accrue to rhe Insured under this policy l1ntil thirty days after such statement shall have been furnished, and no recovery ,hall be had by the Insured under this policy unless action shall he commenced thereon within five years aftl'r t'xpiration of said thirty day period. Failure {() furnish such sta{emcnt 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- surt'd of any anion under this policy. 6. OPTION TO PAY, SETTlE OR COMPRO- MISE CLAIMS The Comp,lOY shall have the option to payor settle or (Ompromise for or in the name of the Insured any claim insured against or {() pay the full amount of this policy, or, in case loss is claimed under thi.\ policy by the owner of the indcbtednc:ss secured by a mortgage covered hy this policy, the Company shall have the option to purchase said indebtedness; such pur- chr.se, paymeclt or tender of payment of (Conditions and Stipulations Continued and Concluded on Lost Page of This Policy) TO 1012-1 AS C Callfomla land Title' AssociatIon Standard Coverage Policy 1963 SCHEDULE A Premium $ '-I'" 0 0 Amount $ 2,000. 00 Effective Date July 8,1968 at 8 a.m. Policy No. 6739748 INSURED CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by,this policy at the date hereof is vested m: CITY OF ARCADIA, a municipal corporation. 2, The estate or interest in the land described or referred to. In Schedule C covered by this pulicy 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 not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 40, 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, water rights., claims or title to water, i :.~:.1 TO 1012-1B ConI. C ' . , Califomia land Title Association Standard Coverage Pollcy.!963 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. 2. An easement affecting all of said land for the purposes stated herein, and incidental purposes, In Favor Of : Edward C. Cribb For pipe lines Recorded : in book 3035 page 192 of Deeds. And Re,.recorded in book 3235 page 121 of DeE!ds. And subsequent deeds. 3. An easement affecting all of said land for the purposes stated herein, and incidental purposes In Favor Of Santa Anita Land Company For : pipe lines Recorded prior to February 15, 1950 in book 3632 page 276, of Deeds. 4. Covenants, conditions and restrictions in the above recorded instrument. 5. An action in the Superior Commenced : Entitled Case No. Nature of Action Affects Court March 22, 1968 City of Arcadia, a municipal corporation vs. Elizabeth Rowse Wilson, et ale 929015, County of Los Angeles condemnation for public use Parcel 86. N.otice ()f the pendency of Recorded said action was March 22, 1968 in book M 2807 page 805, Official Records as instrument No. 3066. 6. The following provision of the deed from Robert G. Moses and Margaret R. Moses to the city of Arcadia, a municipal corporat.ion recorded July 8, 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." TO 1012-1-1056-1C C American Land Title Association Loon Polley Additional Coverage-1962 0' California land Title Associafion Standard Coverage Poliey-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: That portion of the southerly 90.00 feet of the easterly 140.00 feet of Lot 8, in Block "0" of Santa Anita Land Co: IS Tract, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 6 page 137 of Maps, in the office of the county recorder of said county included within the following described lines: Beginning at the southeast corner of said lot, thence westerly along the southerly line of said lot to the beginning of a tangent curve, concave northwesterly having a radius of 15.00 feet, said curve being tangent at its northerly terminus with the westerly line of the easterly 12.00 feet of said lot; thence northeasterly along.said :curve to said westerly line; then c e northerly along -sa':J:,g:::.,westerly line to the northerly line of said southerly 90.00 feetf thence easterly along said northerly line to the easterly line of said lot; thence southerly along said easterly line to the point of beginning. . - .'~ :,',',i f') ~ I '.. ~ ,'~ . '; :<1/ r..:;-';~.~ c:.":, \ \ "0" OF SANTA ANITA LAND COMPANY'S ~ ~ "\ " <D '!f/~ I' e80 ::", I I Cl I ~ --- - . ----h' '" .Y80 - - :-\ I "" J :;,.: ~- -l.Jr- --= ::'\ :';b \l ~ -_\'-- I ---)[ 7 ~ ~f~' ~ j "'. J .. ~\ I-- 1e>e>:~L,Il" r"i~'~~~;\-~ \)\. I r-l," \l\ ~.r.. 20 . ~ L.. ,,-'-r:-t--+= </fo.Y I~$O I q :-~. 1155 . I :,; " " j @ This is not 8 SUNe f th I . . . . y 0 e and but IS compiled ,for information b the Tlfle Insurance and Trust Company from data shown b~ the 0'" . I Y . J "'c/a 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 to pay. shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, the Company offers to purchase said indebtedness. the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed. in all, the actual loss of the Insured and COStS and attorneys' 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, .111 costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and aU costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maiOlainable under this policy (1) if the Company, after having received notice of an alleged defeCt, lien or encumbrance not excepted or excluded herein remove~ 5uch defect, lien or encumbrance within a reasonable time after receipt of such notice, or '(2) for liability volumarily 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 coun of competent juris, diction sustaining such rejection. (d) AI! payments under this policy, ex- cept paymems 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 paymeOl 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 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 that such payments reduce the amount of the indebtedness secured by such mon- gage. Payment in full by any person or voluntary satisfaction or release by the In- smed 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 mongage shown or referred [0 in Schedule B hereof or any mongage here- after executed by the lnsured 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 act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had againsr 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 from any act of the In- sured. such act shall not void this policy. but the Companr, in that event, shall be required [() pay only that pan of any losses I insured against hereundec which shall ex, ceed the 'amount. if any. lost to the Com- pany by reason of the impairment of the right of subrogation. The Insured, if re- quesred by the Company, shall transfer to the Company all rights and remedies against any person or property necessary 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 mortgage covered by this policy. such Insured may release or substitute the personal liability of any debtor or guarantor, or extend or mherwise 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 lhat the Insured_may have or may bring against the Company arising out of the status of the lien of the mortgage (Overed by this policy or the tide of the eSlate or interes( insured herein must be based on the provisions of tbis policy. No provision or condition of this policy Gin be waived or changed except by writing endorsed hereon or attached hereto signed 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 COJll- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home Office, 433 South Spring Slreer, 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 ;..,,'-'. POLICY OF TITLE INSURANCE . Providing direct title services or referral services throughout the United States and the territory of Guam. Title Insurance and Trust Company "