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HomeMy WebLinkAboutD-1695 (, (. ;, [~. ,,,. " . CERTIFICATE OF ACCEPTANCE ~ K 04/42 r G 773 This is to certify that the interest in real property conveyed or transferred to the City of Arcadia, a municipal corporation, by the deed, grant, conveyance or instrument dated April 10, 1968 , from or executed by Marie Cook , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authorize officers. ...., fl' / ~/1.~ City Man City Engineer a'l ~ N The document thus described is hereby approved as to form. ;x~6~~ . Ci t . ney RECORDING REQUESTED BY 642 ry- ,- , ~ , ^~ ~ K 04142 r G 772 (~, . /\ -, , (,~ CITY OF ARCADIA , RECOROEO IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF. FOR TITLE INSURANCE & TRUST CO. SEP 25 1968 AT 8 A.M, AND WHEN RECORDED MAIL TO . I. I Nom. City Clerk . .P..O.Box 60 L67~Yit~a'A Cilkt..:s RAY E. LEE, County Recorder Strollt Addreu City & State -.J SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO I" I NClme Ci ty of Arcadia City & StateL .-.J ~ r-m 'II ~ i1)' ..JFREEUSI Tax statement Strollt Addreu Free recording essential according to the city of Arcadia see Gov.C 6103 Public Agency-No Grant Deed W AFFIX I.R.S. S ...../:. "S- .......... ABOVE TO 405 C (4.67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARIE COOK hereby GRANT(S) 10 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 real property in the City of Arcadia, Counlyof Los Angeles , Slale of California: That portion of the south half of Lot 386 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, included within the following described lines: Beginning at the southeast corner of Lot 383 of said Tract; thence westerly along the southerly line of said Lot 383 to the beginning of a tangent curve, concave northwesterly having a radius of 15.00 feet, said curve being tangent northerly to the westerly line of the easterly 15.5 feet of said Lot 383; thence northeasterly along said curve to said westerly line; thence northerly along said westerty line a distance of 177.5 feet; thencel northerly in a direct line to the point of intersection of the westerly line of the easterly 12.00 feet of Lot 386 of said Tract with a line drawn at right angles through a point in the northerly prolongation of the westerly line of said easterly 15.5 feet >-- >-' of said Lot 383 and distant northerly along said line and prolongation 300.00 feet from 00 m a the northerly terminus of said curve; thence northerly along the westerly line of said E w easterly 12.00 feet to the northerly line of said Lot 386; thence easterly alorig said t ~ northerly line to the easterly line of said Lot 386; thence southerly along the easterly g 6. line of said Lots 386, 385, 384 and 383 to the point of beginning. - Daled April 10, 1968 ~, ~' < ." - ., - .,/. U--f..A' .f' ./ .- Marie Coo ;;: c ;: " C l , I " , '-. STATE OF CALIFORNIA } COUNTY OF LOS ANGELES 55. On ~il 10, 1968 before me. the under- siO"ned a Notary Public in and for said State. personally appearer! o , Marie Cook ANSF ICL~ S!GNED . PARTY OR AGEN~...~~nono. Title Insurance and Trust Company to he the person_whose narllf' . known to me is subscrihed to the within ~hp ~..__..h.1 .1-_ ___ :~~._"_^~. ^~,I _~l_~~...I~..I__rl .\,_. r.' ..""'''...,...,...........''''''''''oFFic.;;::~..5EA~.. ...............l , ~ -..-.--...- ..... .....,.., . a'l ,,,- ,., . ^/; .( ,'" ~ , . . ( l . If :: ..... \ GRANT DEED GRANT DE~D Title Insurance and Trust Company . Title Insurance and Trust Company , ~ .. COMPL.ETE STATEWIDE TlTL.E SERVICE WITH ONE L.OCAL. CAL.L. COMPL.ETE: STATEWIDE TITL.E SERVICE WITH ONE L.OCAL. CAL.L. , "." t'.",...... .. MARK H. BLOODGOOD AUDITOR.CONTROLLER >>- /t" 9.5- COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER ROBERT A. GILL CHIEF DEPUTY 153 HALL OF ADM1N1STRAT10N LOS ANGELES. CALIFORNIA 90012 625-361 I \ J R. PASSARELLA, CHIEF. TAX DIVISION May 19, 1969 Ci ty of Arcadia 240 West Huntington Drive Arcadia, California Attention: Robert D. Ogle Ci ty Attorney RECEIVED MAY 20 1969 CITY OF ARCADIA CITY ATTORNEY Re: Baldwin Avenue Parcel No. 113 Gentlemen: Pursuant to your letter dated October 8, 1968, taxes have been cancelled in acc.,rdance with Section 4986 of the Revenue and TaxatiC'n Code. This cancel- lation was ordered by the Honorable I)oard of Super- . ,visors Feb. 4, 1969 by Authorization No. 08218.1.' Very truly ycurs, MARK H BIDODGOOD Auditor-Contraller zk' By J. R. Passarella, Chief Tax Division JRP/EMP/ejd CITY COUNCIL DON W. HAGE MAYOR City of Arcadia C. ROBERT ARTH MAYOR PRO TEM EDWARD L. BUTTERWORTH ROBERT J. CONSIDINE JAMES R. HEL.MS. JR. -I 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H. COZAD CITY MANAGER CHRISTINE VAN MAANEN CITY Cl.ERK October 8. 1968 Mr. John R. Passarella, 500 West Temple Street, Los Angeles, California Auditor-Controller Room 153 90012 Attention: Eleanor Parker, Tax Cancellation Section Subject: Request for Cancellation of Baldwin Avenue Parcel No. Taxes 11"\ Dear Mr. Passarella: Please cancel as of the date of recording all taxes on the property described in the enclosed copy of deed. This prop- erty is part of a larger parcel acquired for street widening purposes. There is no building on it. Very truly yours, RDO: jh Enc. ~ MAILING ADDRESSES CITY HALL P. O. BOX 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 . 681-0276 446_7111 447.2121 446-2128 - (~ ~(\%\~ ~~~1" TO 1012 Fe (7-b8) C~liforni", L(lnd Tifle Associ(lfion Stltnd",rd Coveroge 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, 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 coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of anYt mongage 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, howev<!r;:-1S'1~))~)}sj(\n\ of Schedules A, Band C and to the Conditions and StipulatiOns hereto annexea~~~c.E AND rR;.' \\\1 -- ~r 000000 V.$t I $,;:> ooO':t.f. IS PI?~~oo )'- I, ~ ~J 00 ~ {l{l,u'Q'>:-, ~.o("J <' Jh f ::; ~ o.*-' ....... 1-1lB.E1l1n~ WttnessCW ereo J TItle Insurance and Trust Company has caused its /I! ....... 0 ,. I} '" <;1 ~ 0 -'2 fJ ~ ,., 00 J...:. * cornorate1rfame aii'd. seal to be hereunto affixed by its duly authOrized officers ,., _ '~"-__<O,~" ",r \ ~, ~ -0 'I. ~ i::! gl.-,,-_"""-""L onRre~,,&~<;!.w~ Schedule A. ~_o~" 6 -,J],l\~ gz~ ~ l- 0 . /.i(l; -' - r- ~ 0 -';\l' - -og '~ o -{t 04 <..:...--. . .~oo >} :; '1 oo~<:-.~_-. ,.~Qoo j: 'I, <'0 oo~iAi;l~ G\l~oo ~',5 't ;s> 00000000 ~v.:' 1\\,,-4NGELES, V ~~ \\\\\.'\.,'~~ Title Insurance and Trust Company by - )v~~ PRESIDENT Attest CJLv 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 n:fert:nce, in Schedule C and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart cons(fuctive notice of matters relating to said land; (c) "knowledge" actual knowledge, not constructive knowledge or notice which may he imputed to the Insured by reason of any public records; (d) "dale": the effective date; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument; and (f) "insured": the party or parties named as Insured, and if the owner of the in- debtedness secured by a mortgage shown jn 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 guaranteeing said indebtedness, or any part thereof. whether named as an insured herein or not, subject otherwise to the provisions hereof. 2, BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale, Qr 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 rh{.'rcoF, 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 govt.'rnmental regulation (including but not jimited 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 e[(.cted on said land, or prohibiting a separation in ownership or a reduction in lhe 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 re(nrds at the date hereof. (c) Title to any property beyond the lines of the land expressly described in Schedule C, or title to streers, roads, ave- nues, Janes, ways or waterways on which such land abuts, or the right to maintain therein vaults, mnnels, ramps or any orher structure or improvement; or any rights or easements therein unless this policy specific- ally provides thar such property. rights or e;aseme;nts are insured, except that if the land abuts upon one or more J~hysically open str(:ets or highways this policy insures the ordinary rights of abutting owners for access to one of stich streets or highways. unless otherwis(- 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 cl.1imin,g Joss 0)" damage; or (2) known to the Insured C1aimam 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 [he public records, unless disclosure thereof in writing hy the lnsured shall have been made to the Com- pany prior to the date of this policy: or (3) resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent 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 imerposed 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 iorerest 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 ma~' pur- sue any litigation to final determination in the Court of last reson. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in Cast.' 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 thc 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 interesr 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 Insurt:d shall not, in writing, promptly notify the Company of any de- ft.'ct. lien or encumbrance insured against which shall (ome to the knowledge of the Insured. or if the InsuH:d 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 COIllP'IOY in regard to the subject IlHltter of such action, proceeding or matter shall cease and terminate; provided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the COl11pany shall bl' actually prejudiced by such failure and then ollly tn the extent of such prejudice. (c) 'The Company shall have the right at its own (Ost to institute and prosecute any action or proccc:ding or do any other act which in its opinion may be necessary or desirable to establish the title of the (:state or interest or the lien of the mort- gage as insured; and the Comp.}ny may take any appropriate action under the terms of this policy whether or not it shall be liable {hereunder and shall nor thereby concede liability or waive :lny provision of this policy. (d) In aU (;Ise.~ where this policy per- mits or requires the Company to prosecute or provide for the defense of anr 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 thereio, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Com- pany lhe Insured shall give the Company all reasonable aid in any such action or proceeding, in effectinF settlement, securin,g evidence, obtaining 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 nutices required under paragraph 4(b), a statement in writing of any loss or damage for which it i~ claimed the Company is liable under this policy shall he furnished to the Company within sixty days after such loss or damage shall have been determinl:d. and no right of action shall accrue to the Insured under this policy until thirty days after such statement sha/l 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 expiration of said thirty day period. Failure to furnish such statement 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- sured of any action under this po]icy. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the optioo to payor settle or compromise for or in the name of the Insured any claim iosured against or to pay lhe full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedne.~s secured by a mortgage covered 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 Lost Poge of This Policy) 1 TO 1012.1 AB C California land Title AssociatIon Standard Coverage Pollc:y-1963 SCHEDULE A Premium $~O.oO Amount $ 2,000.00 Effective Date September 25, 1968, at 8 a.m. Policy No. 67 81 168 INSURED CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this policy at the date hereof IS vested in: CITY OF ARCADIA, a municipal corporation. 2. The estate or interest in the land described or referred to In Schedule C covered 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 assessme.nts which are. not shown as existi.ng liens by the records of any taxing authority that levies taxes or assessments on renl 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. Disc.repancies, conflicts in boundary lines, shortage in area, encroachments: or any other facts which El correct survey would disclose, and which are not shown by the public records. 5. Unptltentcd mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8D - TO 1012-16 Cont. C California land TIlle Association Standard Coverage Pollcy-1963 S C H E D U L E B - (Continued) PART II ~. General and special county and city taxes For the fiscal year 1968-1969, a lien not yet payable. 2. Covenants, Executed By Recorded conditions and restrictions in the deed Security Trust & Savings Bank : prior to February 15, 1950, in book 2679, page 48, Official Records. 3. Covenants, Executed By Recorded conditions and restrictions in the deed : not stated : prior to February 15, 1950, in book 2874, page 359, Official Records. Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. 4. Covenants, Executed By Recorded conditions and restrictions in the deed Temple City Co. prior to February 15, 1950, in book 18034, page 49, Official Records. 5. Any lien for inheritance tax due the state of California by reason of the death on September 1, 1965 of J. Estella Meenen, former owner of joint tenancy with Michael Meenen. 6. An action in the Commenced Entitled Superior Court March 22, 1968 city of Arcadia, vs., Elizabeth Bowse Wilson, et al., : 929015, county of Los Angeles widening of Baldwin Avenue parcel 113. Case No. Nature of Action Affects Notice of the pendency of said action was Recorded : March 22, 1968, in book M 2807, page 805, Official Records. 7. 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 subsurface oil and gas Dated May 27, 1968 Lessor Marie Cook, a widow Lessee Standard Oil Company of California, a corporation Recorded : June 20, 1968, in book M 2894, page 308, Official Records Affects that portion lying below a depth of 500 feet from the surface. No representation is made as to the present ownership of said leasehold or matters affecting the rights or interests of the lessor or lessee arising out of or occasioned by said lease. ~ _"llll TO jOl:2-I-l056-1C C American lend Title Association loon Policy Addidonol Coveroge-1962 0' California Land Tille Association Sfandard 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 south half of lot 386 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, included within the following described lines: Beginning at the southeast corner of lot 383 of said Tract; thence westerly along the southerly line of said lot 383 to the beginning of tangent curve, concave northwesterly, having a radius of 15.00 feet, said curve being tangent northerly to the westerly line of the easterly 15.5 feet of said lot 383; thence northeasterly along said curve to said westerly line; thence northerly along said westerly line a distance of 177.5 feet; thence northerly in a direct line to the point of intersection of the westerly line of the easterly 12.00 feet of lot 386 of said Tract with a line drawn at right angles through a point in the northerly prolongation of the westerly line of said easterly 15.5 feet of said lot 383 and distant northerly along said line and prolongation 300.00 feet from the northerly terminus of said curve; thence northerly along the westerly line of said easterly 12.00 feet to the northerly line of said lot 386; thence easterly along said northerly line to the easterly line of said lot 386; thence southerly along the easterly line of said lots 386, 385, 384 and 343 to the point of beginning. . ,~c ~I , I I LRs TUNRS N.8r%'t:. C> C> "'~ '" '" '" ~ DRIVE l 1;'-40$0 JGO 6530 50 50 50 50 G5 GO ~~.fO~.';O ~ 60 22~~.51 , " ") '" ~ <:> '" '" ,I,j;; ,10, "'TI1@ ~ ----- a74~ ~,~~ ~ ~ ~ ~ ;' ,;"~,,~'i\\lt;)!~,;::,~_~ d.bJt'~7.ro~ ~ ,-'" /' ,'~, )1-''1-- 'I- 'I- ~~ ~( ~ Q:: 0!645 4550 ~~ 50 f;0'5~iJ~", >- ~-. --.......: '~~@ '" 100 " /C!-..4-J:7/" 30 50 50 O!l~ ~ ~ 446 ~ "", ~36 ~ ~ /$0 ~ ~ ~o 5S ~ 44l~~~V 435 ~ ~ 413 . '- 630 . ~/2- \, ~ '<i ~ 4f{.a'v/ 434 ~ /$0 60 /$0 Y!JO'/l; ~ ~ . ',1/ ~ 414 409 ~ I,j ~.332 '-f';.3~1 ~ "- ~ /449/ 433 ~ -.. '- '" -.. \ '- -Q::' .'" ~.I 45,6 I 432 ~ '" I I ~ J \ ~ ~ 4,51 I 431 /~ ~ 4(5""" 408;~ ~ r-:l3 390\ ~ (; t:: ! .::~: ~ 4~1 6 \ JI07 ~ ~ /1.394 389 \~ . 'I 1 I~O I I '() /.!)o 130 !!}O 1:10 1 ~ I WORX(r7RN I U I RYE. ~'. \ /$0 /30 ~ I /$0 '" /$0 " I 1$0" /$0 ! ~ 454 428 ~ -4'tT ~~ 406 ~ ~-3%'-~~.388'~ , ~ I ~ ' '- ">1 "> '- nf:; ~ ~5- ~~ 427 ~ ~ 4~8 405 ~ .6.% - ~ . \ ~ '- -.. '- I .'" j h. ...\ '" '" 1? \ '" II) "4'56 "" -4 ZV "> "."4-tiJ - "> ~ ~ \'\'".\.:j,:':--,\ ~~ r~'" .~" ',,' "':'~,~ "- ~ ;~~~ 425' ~ ~: -4z-e :~ 403 ~ ~ ~ 4'iaqJ&,~'::"4U- ~ <: ~ 421 402 ~ Q '- l)b"-"~I ~ ~ :;. '- /30 /30 -.. ~ '~/r.., " '<.. '" ~ ., ~ ~ '! ~......."\;} <.::l \Sl ""'l ~ 459 " 4'2.'3'" '<i"-.... '<i 422 ~ 401 ., --,OJ " ~ ,~l1.~, ~ c c'{"." 60" /!J0.005' I . 0.. '~~'~6&t ,,-;;JO,OO,L..... /Ja.oo5~'<. ~ ~ L I/I'E OR ~@@ ,~1iID@t ~~/ l r 5~80'4"S'40"'W. o ~ " Vi " Q::~ '-I ~ " () '2 Q:: .383 , , '" <:; '" j....55 130.005 RYE. &, I I TRACT No. 656/ Mop Boole 72, Poges 34 & 35 Lr;JTS .183 ro 459 @ 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 COSIS, attorneys' fees and expenses which the Company is obligated hereunder 10 pay, shall terminate all liabi]ity of the Company hereunder, In' the event, after nOlice of claim has been given 10 the Com. pany by the Insured, the Company offers to purchase said indebtedness, Ihe 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. J.1l costs imposed upon the Insured in liti. gation carried on by the Company for the Insured, and all costs and ,lttorneys' fees in litigation carried on by the Insured with [he 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 defen, 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 tide is rejected as unmarketable because rif a defect, lien or encumbrance nm excepted or excluded in this policy, uncil there has been a final determinMion by a court of competent juris. diction sustaining such rejeccion, (d) AU payments under this policy, ex. cep[ paymencs made for COStS, atcorneys' 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 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 mortgagl' shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as co such Insured, except TO the extent that such payments reduce [he amount of the indebtedness se<:ured by such m(lrt- 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 liabi]ity 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 pulicy the loss or damage shall' he pay- ahle wirhin 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 hy 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 tide to said estate or interest in satisfaction of said indebtedness Of any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whene,'er the Company shall ha"e setded a claim under this policy. all right of sub- rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty in respect TO such claim had this policy not been issued, If the payment does not cover the loss of the Insured. the Company shall be subrogated TO such rights and remedies in the proportion which said pay- ment bears to the amounc of said loss. If @ loss should result from anr act of the In- sured. such act shall not void this policy, but the Company. in that event. shall be required to pay only that part of any losses inSUfl'd against hereunder which shall ex. ceed the ~lmount. if ;lny, los[ 10 the Com. pany by reason of the impairmenc of the right of subrogation. The Insured, if reo quested by the Company, shall transfer to the Company all rights and remedies against any person or property ne(essary in order to pcrf(.([ 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- dl'btedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liability of any dehtor or guarantor, or extend or ocherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or n:kase any col- lateral .~ectlrity for the indehtedness, pro- vided such act docs not re~lllt in any loss of priority of the lien of tlll' mortgage. 10. POLICY ENTIRE CONTRACT Any anion 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 tiele of the estate or interest insured ht'rein must be based on the provi.~ions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed bv {he President, a Vice President, Ihe S~creta.ry, an Assistant Secretaty or other \':didating officer of the Company. 11. NOTICES, WHERE SENT All notices required to be givt"O thl' Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issut'J this policy or 10 its Home Office, 433 South Spring Street, Los Angeles 54, California. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. Title Insurance and Trust Company 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 ~\ .