HomeMy WebLinkAboutD-1683
That portion of the northerly 100cfeet measureda~ right angles to the northerly
line of Lot 16 of Tract No. 5907, in the City of Arcadia, County ofcLos Angeles,
State of California, as ;per.map recorded in Book 63, Page 67 of Maps, in the office
of .the County Recorder ~f said~ounty, included within thee following described lines:
" ....,...
Beginning at the southwesterly corner of said Lot 17, saiq corner being on the west
line of said Tract; thence easterly along the' southerly line of said Lot to the east-
erly . line of the westerly 17.00 feet of said Lot;, thence northerly along said easterly
line 65.9 feet more or less to the beginning of a tangent curve concave easterly and
having a 'radius of 490.00 feet, the northerly continuation of said curve being tangent
to the easterly line of the westerly 17.00 feet of Lot 16 of said Tract; thence
northerly along said curve 51.5 feet more or less to its intersection with a non-
tangent curve concave easterly having a radius of 494.5 fe~t, the southerly continua-
tion of last mentioned curve being tangent to the easterly line of the westerly 12.5
feet of said Lot 17 and said last mentioned curve being tangent at its northerly
terminus to the easterly line of the westerly 19.5 feet of said Lot 16; thence
northerly along last mentioned curve 22.2 feet more or less to the northerly terminus
thereof; thence northerly along last mentioned easterly line to the beginning of a
tangent curve concave southeasterly having a radius of 15.0 feet and being tangent
at its northerly terminus to the northerly line of said Lot 16; thence northeasterly
along last mentioned curve to its point of tangency with the northerly line of said
Lot 16; thence westerly along said northerly line to the northwest corner of' said
Lot 16, said corner being on the westerly line of said tract; thence southerly along
the westerly line of said tract to the point of beginnin .
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CERTIFICATE OF ACCEPTANCE
~K 04073 rG65/
This is to certify that the interest in re'al property conveyed or transferred
to the City of Arcadia, a municipal corporation, by the deed, grant, conveyance
or instrument dated . May 20, 1968 , from or executed
by ARCADIA DELAWARE CORPORATION , 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
authori d officers.
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Ci ty Mana City Engineer
The document thus described is hereby approved as to form.
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Ci'!JI OF ARCADIA . , 2',0
~Z?{(.?lRZ 2f~ /#/
un ULfU/ Jrb b4~
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Nam. City Clerk
s,,_, P.O. Box 60
Addrllll
City & Arcadia, Calif.
Slat. L
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RECORDED IN OFFICIAL RECORDS
OF LOS ANGELES COUNTY, CALIF.
FOR TITLE INSURANCE & TRUST CO.
JUL 22 1968 AT 8 A.M.
RAY E. lEE, County Recorder I'
t FREEAR
SPACE ABOVE THIS L.INE: FOR RECORDER'S USE
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MA.IL lAX STATEMENTS TO
I
Name Ci ty 0 f Arcad ia
"I
Free Recording Requested
Essential to the Acquisition
by the City of Arcadia.
(See GOy't Code 6103).
Street
Addrllil
City &
S'a'eL
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AFFIX $ J- g>~
,
Corporation Grant Deed
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
I.R.S. ABOVE
TO 406 CA (12-66)
FOR A Y ALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
ARCADIA DELAWARE CORPORATION,
a corporation organized under the laws of the state of Delaware
hereby 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, in, on, upon and across
the following described rea] property in
County of Los Anl';eles
the
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City of Arcadia,
;.-State of C~lifornja:
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DOCUMENTARY TRANSFER TAX $____~.,_._.b!.<{l=' \
M Title Insurance and
'fl.~U Trust Company
SIGNED - P , Y OR AGENT FIRM NAME
.a&ca.dbLL.......
As instlucted by,
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STATE O~ Maryland
COUNTY OL Montgom ery
On May 20th 1968
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before me. the under-
Secretary
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signed, II Notary Puhlie in and for said Stale, personally appeared
Prlt'JP Hl1fty & 1='rrln~P9 Arrohhnlrl HlIftYknown
10 me to he the YMYcr Hllfty Pres.ideot, and
Frances ArC11bo Hufty known to me to be
ssistant Secretary of the Corporation thut executed the
within fnstrumenl. known to me to he the persons who executed the
within Imtrument on hehalf of the Corporation therein named, and
acknowledged 10 me that slIch Corporation executed the within Instru
mcnt pursuant to its hy,laws or II resolution of its hoard of directors.
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CORPORATION
GRANT. DEED
CORPORATION
GRANT DEED
Title Insurance
and
Trust Company
Title Insurance
and
-
Trust Company.,.'.'
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COMPLETE STATEWIDE TITLE SERVICE
WITH ONE LOCAL CALL
COMPLETE STATEWIDE TITLE SERVICE' I
WITH ONE LOCAL CALL ','
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MARK H. BLOODGOOD
AUDITOR.CONTROLLER
\
COUNTY OF LOS ANGELES
DEPARTMENT OF AUDITOR-CONTROLLER
153 HALL OF ADMINISTRATION
LOS ANGELES, CALIFORNIA 90012
625-3611
May 21, 1969
Ci ty of Arcadia
240 West Huntington
Arcadia, California
Drive
91006
Attention: Robert D. Ogle
City Attorney
Re: ARCADIA- D.l!:LEWARE CORPORATION
Property acquired for Street
widening
Gentlemen:
Pursuant to y~'ur letter dated August 12, 1968,
taxes have been cancelled in acc~rdance with Section
4986 "f the Revenue and Taxaticm C,')de. This cancel-
lation was ordered by the Honorable Board ~f Super-
visors Nov. 26, 1968 by Auth-.rizaticn No. 06888.
Very truly yturs,
NARK H. BIDODGOOD, Auditor-Contrr:>ller
Cf(.~~
ay J. R. Passarella, Chief
Tax Division
JRP/EMP/ejn
f)-/{gJ
ROBERT A. GILL
CHIEF DEPUTY
J. R. PASSARELLA, CHIEF,
TAX DIVISION
RECEiVED
MAY 27 1969
.Clrf OF ARC,\DJ,.\
CJTY J.'.ITORNEY .
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EC
TO 1012-1 AB C
CalifornIa Land TItle. Association
Standard Coverapo Policy ,1963
SCHEDULE A
Premium $
83.25
Amount $ 13,164.00
Effective
Date July 22, 1968 at 8:00 a.ill.
Policy No. 6725943-
NSURED
CITY OF ARCADIA, a Municipal corporation.
i
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 III 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 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.
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 authorizing the issuance
thereof; water rights. claims or title to water.
TO IOl2FC (Ha)
Californitl land Title Association
Sttlndard Coverage Policy Form
Copyright 1963
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the parries named as Insured in Schedule A, the heirs, devisees, personal
representatives of 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, cogether with costs, atcorneys'
fees and expenses which the Company may become obligated co 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 coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any deft(t in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an lnsured in Schedule A, but only insofar as such defect affects the
lien or charge of said mortgage upon the estate or imerest 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, however;" tOc.the proVISIOns of Schedules A, Band C and to the Conditions and StIpulation"
-- ... <- AND Tn "'\\
hereto annexea~ ....~v 'T(; \.
- ~r 0000000 0-.."
i?' '> ooo~€. IS PROooo ,. I;
",.., G:) oo~O ....{tQ<l":t,~ l';:".on </_'n-
.:; ~ o_~ 'iI-~ 'f;(}"BEl11n~ WltneJSCW?Jereo!J TItle Insurance and Trust Company has caused its
;,t ...... o~" IQo 'N\<j!. '<" Q ~ (I
'!1 ... 00 k. 1} cortvl.rat@nameandsealtobehereuntoaffixedbyits duly authOrized officers
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~ ~ g . . . onl1he'$1~Y,~w""in Schedule A.
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(~ -{< oo~" ~.",___. I'li t;"o "" J;; Title Insurance and Trust Company
~/I, (~O~~;~~~:,~'G~~~~o~<"'f ~ /
1,\ "oS' A 00000000 ....~v ...:: by. /. ~ --.L1-.
\\,,'I\IGELES. v.;::--= 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 rderence, in Schedule C and
improvements affixed thereto which by law
constitute real property;
(b) "public records"; those records
which impart constructive notice of matters
relating to said land;
(e) "knowledge": actual knowledge, not
constructive knowledge or notice which
may be imputed to the Insured by reaSon
of any public lecords;
(d) "date": the effective date;
(e) "mongage": 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 jnclude (I)
each successor in interest in ownership of
such indebtedness, (2) any such owner who
acquires the estate or interest referred to
in this policy by foreclosure, trustee's sale,
or other legal manner in satisfaction of
said indebtedness, and (3) any federal
agency or instrumentality which is an in-
surer or 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 ro the provisions hereof.
2. BENEFITS AFTER ACQUISITION OF TiTlE
If an insured owner of the indebtedness
secured by a mortgage described in Sched-
ule B acquires said estate or interest, or
any part thereof, by foreclosure, trustee's
sale, or other legal manner in satisfaction
of said indebtedness, or any part thereof,
or if a federal agency or instrumentality
acquires said estate or interest, or any part
thereof, as a consequence of an insurance
contract or guaranty insuring or guarantee,
ing the indebtedness secured by a mortgage
covered by thi" 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
{)f 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
llr area 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.
(e) Tide to any property beyond the
lines of the land expressly described in
Schedule C, or title to streets, roads. ave-
nues, lanes, ways or waterways on which
such land abuts, or the right to maintain
therein vaults, mnnels. ramps or rtny other
structure or improvement; or any rights or
easements lherein unless this policy specific-
ally provides that such property. rights or
easements are insured, except that if the
land abuts upon one or more I'hrsically
open streets or high\vays this policy insures
the ordinary rights of abutting owners for
access to one of such streets or highways,
unless otlll'rwise excepted or excluded
herein.
(d) Defects, liens, encumbrances. adverse
claims agninst the title as insured or orher
matters (1) created, suffered, assumed ur
agreed to by the Insured claiming loss or
damage; or (2) known to the Insured
Claimant either.. at the date of this policy
or at the date such Insured Claimant ac-
quired an estate or interest insured by 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 (<1) 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 foc 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 intecest in said
land; or (2) for such action as may be
appropriate to establish the title of the
estate or imecest 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 10 case knowledge shall (Ome to the In-
sured of any claim of title or interest which
is adverse to the title of the t'.~tate or in-
terest or lien of the mortgagc as insured,
or which might cause loss or damage for
which the Company shall or may be liable
by virtue of this policr, or if the [nsuced
shall in good faith contract to sell the 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 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-
fecI. lien or encumbr;\nce ijlsured against
which shall come to the knowledge of the
Insured. or if the Insurcd shall not. in
writing. promptly notify the Company of
any such rejection by reason of claimed un-
marketability of title then all liability of
Ihe Compan}' in regard to the subject matter
of such aCtion, proceeding or matter shall
cease and terminate; pcovided, however,
th;lt failure to notify shaH in no case
prciudice the claim of any Insured unless
the Company shall be actu;tlly prejudiced
by such failure and then only to the extent
of such prejudice.
(c) The Company shall nave rhe right
at its own cost to institute and prosecute
,my 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 lieo of the mort-
gage as insured; and the Company m;ty
take any appropriate action under the terms
of this policy whether or not it shall be
liable thereunder and shalj not thereby
concede liability or waive any provision of
this policy.
(d) In all cases where ttlis policy per-
mits or requires the Compaoy to prosecule
or provide for the defense of any action
or proceeding, the Insured ;halJ secure to
it the right (0 so prosecute or provide de-
fense in such action or proceeding, and all
appeals therein, and permit it to use, at its
option, the name of the In5ured for such
purpose. Whenever requested by the Com.
pany the Insured shall give the Company
all reasonable aid in any 5uch action or
proceeding, in effecting seltkment, securing
evidence, obtaining witnesses, or prosecu-
ting or" defending such acti(lO or proceed-
ing, and the Company shall reimburse the
Insured for any expen~(,' so incurred.
5. NOTICE OF LOSS - LIMITATION OF
ACTION
In addition to the notices required under
paragraph <1 (b), a statement in writing of
any loss or damage for which it is claimed
the Company is liahle under this policy
shall be furnished to the Company within
sixty days after such loss oC damage shall
have been determined. and no right of
action shall accrue to the Insured under
this policy until thirty d3Ys nfter such
statement shall have been furnished. and
no recovery shall be had by the Insured
under this policy unless action shall he
commenced thereon within five years after
{'xpiration of said thirty day period. Failure
to furnish such statement of Joss or damage.
or to commence such action within the
time hereinbefore specified. ~hall be a con-
clusive bar against maintenance by the In.
sured of any action under tllis policy.
6. OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shaIl have the option to
payor settle or compromise for or in the
name of the Insured any claim insured
against or to pay th,- full amount of this
policy, or, in case loss is claimed under this
policy by the owner of the indebtedn(:"s_~
secured by a mortgage covered by this
policy, the Company shall h)lve the option
to purchase said indebtedness; such pur.
chlise, payment or lender of payment of
(Conditions and Stipulations Continued ond Concluded on Last Poge of This Policy)
~
TO 1012-16 Cont. C
California land Ti~le Association
Standard Covera~e Policy-1963
SCHEDULE B- (Continued)
PART 1I
1. General and special county and city taxes
for the fiscal year 1968-1969, a lien not yet payable.
2. A lease, affecting the premises herein stated, executed by
and between the parties named herein, for the term and upon the
terms, covenants and conditions therein provided,
Type of Lease Not shown
Dated ~une 15, 1954
Lessor Frances Archbold Hufty
Lessee The Firestone Tire and Rubber Company, an
Ohio corporation
Term for the term of 10 years from August 1, 1954
upon the term, conditions and covenants
therein provided
Recorded January 14, 1955 in book 46633 page 83,
Official Records
Affects Said land
The interest of the lessor was assigDed to the Equitable Life
Assurance Society of the United States, a corporation, by assign-
ment recorded January 14, 1955 in book 46633 page 93, Official
RecOrds, as additional security for the indebtedness secured by
the deed of trust hereinafter described.
Case No.
Nature of Action
Affects
Superior Court
March 22, 1968
City of Arcadia, a Municipal corporation
vs. Elizabeth Rowse Wilson, et al.
929015, County of Los Angeles
public right of way
Parcel 200
3. An action in the
Commenced
Entitled
Notice of the pendency
Recorded
of said action was
March 22, 1968 in book M-2807 page 805,
Official Records
~
TO 1012-1-1056-1(:: C
American Land rUle As~ociotion loan Policy
Additional Covera~e_'962
0'
Col1fornio Land Title Association
Standard CoveragE! Policy-1963
SCHEDULE C
The land referred to in this policy is situated in the county of Los Angeles, state of California,
and is described as follows:
That portion of the northerly 100 feet measured at right angles
to the northerly line of Lot 16 of Tract No. 5907, in the city
of Arcadia, county of Los Angeles, state of California, as per
map recorded in book 63 page 67 o[ Maps, in the office of the
county recorder of said county, included within the following
described lines:
'J
Beginning at the southwesterly corner of said Lot 17, said
corner being on the west line of said tract; thence easterly
. along the southerly line of said lot to the easterly line of
of the westerly 17.00 feet of said lot; thence northerly along
said easterly line 65.9 feet more or less to the beginning of.
a tangent curve concave easterly and having a radius of 490.00
feet, the northerly continuation of said curve being tangent.
to the easterly line of the westerly 17.00 feet of Lot 16 of
said tract; thence northerly along said curve 51.5 feet more
or less to its intersection with a non-tangent curve concave
easterly having a radius of 494.5 feet, the southerly con-
tinuation of last mentioned curve being tangent to the easterly
line of the westerly 12.5 feet of said lot 17 and said last
mentioned curve being tangent at its northerly terminus to the
easterly line of the westerly 19.5 feet of said Lot 16; thence
northerly along last mentioned curve 22.2 feet more or less,
to the northerly terminus thereof; thence northerly along last
mentioned easterly line to the beginning of a tangent curve
concave southeasterly having a radius of 15.0 feet and being
tangent at its northerly terminus to the northerly line of
said Lot 16; thence northeasterly along last mentioned curve
to its point of tangency with the northerly line of said Lot
16; thence westerly along said northerly line to the north-
west corner of said lot 16; said corner being on the westerly
line of said Tract j thence:,southerly along the y.resterly line
of said tract to the point ':of beginning.
.
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TRACT Nfl:5907
MB-63 PG.67.
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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
to pay, shall terminate all liability of the
Company hereunder, I n the eveot, 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 indebtecness 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
iltlOrneys' 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 com 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 (1) if
the Company, after having received notice
of an alleged defect, lien or encumbrance
not excepted or excluded herein removes
.'iuch defect, lien or encumbrance within a
reasonable time after n:<eipt 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 0'[ 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) All payments under this policy. ex.
cept payments made for costS, attorneys'
fees and expenses, shall reduce the amoum
of the insurance pro tanto and no payment
shall be made without producing this policy
for endorsement of such paymenl 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 mort~age
shown in Schedule B is an Insured herein
then such payments shal I not reduce pro
tanto the amount of the insurance afforded
hereunder as {Q such Insured. except to the
extent that such payments reduce the amount
of the indebtedness secured by such mort-
gage, Payment in full by any person or
voluntary satisfaction or release by the In-
sured of a mortgage (Overed by this policy
shall terminate all liability of the Company
to the insured owner of the indebtedness
secured by such mongage, except as pro-
vided in paragraph 2 hereof.
(e) When liability has been definitely
fixed in accordance with rhe conditions of
this policy the loss or damage shall be pay-
ahle 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
nf said indebtedness or any part therenf.
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 ri.ghts 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
covec the loss of the Insured. the Company
shall be subrogated to such rights and
remedies in the proportion which said pay-
ment hears 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 Comp~lny, in that event. shall be
required w pal' only that part 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,
quesCt:-d 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 sllch 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 persomd liability of any
debtor or guarantor, or extend or otherwis{-
modify the terms of payment, or release
a portion of the estate or interest from the
lit:O of the mortgage, or release :lilY col-
lateral security for the imlebtedness. pro-
vided such act does not result in any loss
of priority of the lien of the mort,gage.
10. POLICY ENTIRE CONTRACT
Any action or actions or rights of action
that the Insured may have or may bring
against the Company arising out of the
status of the lien of the mortgage covered
by this policy or the title of the estate or
interest insured herein must be based on
the provisions of this policy.
No provision or condition of this policy
can be waived or changed except by writing
endorsed hereon or attached hereto signed
by the President, a Vice President, rh{>
Secretary, an Assistant Secretary or other
nlidating officer of dl{' Company.
11. NOTICES, WHERE SENT
All notices required to be givtn the Com-
pany and any statement in writing rt"quired
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 Street, Los An,l.:e1es 54. California.
, 2. 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