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HomeMy WebLinkAboutD-1591 ,,\ , !;, (~ I .. ,f " CERTIFICATE OF ACCEPTANCE ~~ 03929H 106 . 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 February 21, 1968 , from or executed by Walter N, Attrill and Edna I. Attrill , is hereby accepted by the City of Arcadia by the order or authori- zation 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 r ordation thereof by its duly authorized~~fficer;l - _ ~k~ Manager City Engineer ~ ... 01 , The document thus described is hereby a~~~rm. C Y Attorney 1"'CI::.\.oUt'(UII'Iu t'(~\olUI::.::JII::.U tsy ;\::--- " CITY OF ARCADIA ~qv BK UJ9t:9 r G ,I U5 AND WHEN RI:CORDED ""AIL TO RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIF. FOR TITLE INSURANCE & TRUST CO. I N... Ci ty Clerk Slr..t P.O. Box 60 Addr.u I MAR 4 1968 AT 8 A.M, C,ty & Arcadia, Calif. StoteL RAY E. LEE, County Recorder ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE ~ - ~ --- MAIL TAl STAH/I\UnS TO I No",_ City of Arcadia I $2.75 Str_t Addreu CIty & StoteL ~ Grant Deed AFFIX & s FREE ;r. > 7~ ABOVE TO -40!i C (4 57) THIS FORM FURNISHEO BY TITLE INSURANCE AND TRU6T COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, WALTER N. ATTRILL and EDNA I~ ATTRILL .Jlerehy GRANT(!X) to the CITY OF ARCADIA, a Municipal Corporation 1t /AI FE~ ' - ARB easemaRt for public street and road purposes, to become a part (L;as Baldwin Avenue, in, on, upon and across 01:<J&,~rowing descrIbed real property in the City of Arcadia.t:os.. County of Los Angeles ,State of California: of and to be known TREE RECORDING REQUESTED ESSENTIAL TO ACQUISITION BY The Cit, of Arcadia SEE Gov t Code bl03 (') f-'o ct '< 0 H:> :<> ~ () I>> 0. '0 f-'o '" I>> <n n '" 'ii ::! 0 :>: n - :I: <: '" ;0 n ~ '" '" '" 0 Z :0 OJ -< I I The westerly 17.00 feet of the southerly 64.83 feet of Lot 77 and the northerly 26.17 feet of Lot 78 of Tract No. 4869, measured along the easterly lines thereof, in the City of Arcadia, County of Los Angeles, State of California, as per map recorded in Book 52, Page 13 of Maps in the office of the County Recorder of said County. THIS NECESSARY IN CHAIN OF JULE D..d~ ~/,/96F- , / ' ctQl~fl alter . A tr1 1 LdnA~,,9 ,llJ1/,jl/ Edna 1. Attrill , . }ss Y before me, the under- hc in and for saId State, personally appeared N. Attrill and Edna I. Attrill . known to me to be the person~whose nllmp,s are SUbscllhed 10 the wlthlll Instrument and acknowledged that they executed the sam!;', WITNESS);?),7and a:d OffiC"~ ,esl S,gnatur~P 7~ ~ Name (Typed or Prmted) My Commission Expires June 23, 1971 Title Ordcr No ~"""""""'''''''''''''''''''''''''''OFFic;h~''S'EA~' ~. ~ Q CHRISTINE VAN MAANEN ~ . NOTA~Y PUBLIC CALIFORNIA ~ 't PRINCIPAL OFFICE IN ~ ,~, LOS ANGELES COUNTY ~........"."."......,,,...,,.. ".",,,..,,, ...",,,... ."" "...."., ,.",...... (Tlll~ l1('& t01 oftlllal notlnal seal) ~ . 'I Escrow or Loan No. MAIL TAX STATEMENTS AS DIRECTED ABOVE .J ....... " GRANT DEED GRANT DEED Title Insurance and Trust Company Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SEF!:YICE WITH ONE LOCAL CALL COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL , " . ~, , , .' .I.., . ~ CITY COUNCtL DON W HAGE MAYOA City of Arcadia C ROBERT AR1'H "'''YOR PRO TE'" EOWARD L BUITERWORTH ROBERT J CONSIDINE JAMES R HELMS, JR ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H COZAD CITY MANAGER CHRISTINE VAN MAANEN CITY CLERK May 9. 1968 Mr. 500 Los John R. Passarella, West Temple Street, Angeles, California Auditor-Controller Room 153 90012 Attention: Eleanor Parker, Tax Cancellation Section Subject: Request for Cancellation of Taxes Baldwin Avenue Parcel No, ~1 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. ~ MArLING ADDRESSES erfY HALL POBOX 80 01005 LIBRARY 20 W DUARTE ROAD g100e POLlCE DEPARTMENT POBOX 60 'nOO5 FIRE DEPARTMENT 7105 SANTA ANITA AVE alOOS TELEPHONES 4046-4471 . 681-0276 448.7111 447.2121 448.2126 -. ','& . : , . . . . MARK H BLOODGOOD AUDITOR.CONTROLLER ... /?- /FV COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER ROBERT A. GILL CHIEF DEPUTY t 53 HALL OF ADMINISTRATION LOS ANGELES. CALIFORNIA 90012 625.3511 February 20, 1969 J R PASSARELLA, CHIEF, TAX DIVISION RECEIVED FEB 27 1969 City of Arcadia 240 West Huntington Drive Arcadia, California CITY OF ARCADIA CITY ATTORNEY Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel No. 31 Walter N. and Edna I. Attrill Gentlemen: Pursuant to your letter dated May 9, 1968, taxes have been cancelled in accordance ~ith Section 4986 of the Revenue and Taxation Code. This cancel- lation ~as ordered by the Honorable Board of Super- visors OCtober 22,1968 by Authorization No. 06156. Very truly yours, l!ARK Ii. BLOODGOOD , Auditor-Controller {fre L .4, ~, -'-~-^-- By J. R. Passarella, Chief Tax Division JRP/EMP/tc s--- TO 1012-1 F C California land Title ASSoclOtlon Standard Coverage Policy Form Copyright 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company TIde Insurance and Trust Company, a Caltfornm corporatIOn, herem 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 10 Schedule A, the heirs, devisees, personal representatIves of such Insured, or If a corporation, its successors by dissolutIOn, merger or consolIdatIOn, agalOst loss or damage not exceedIng the amount srated In Schedule A, together With COSt", attorneys' fees and expenses which the Company may become obligated to pay as provided in the ConditIOns and StIpulatIons hereof, whICh the Insured shall susralO by reason of Any defect In or hen or encumbrance on the tltlt" to-the estate or Interest covert"d hereby In tht" land descnbed or referred to In Schedule C, t"Xlstln,[: at the date hereof. not shown or referred to 10 Schedule B or excluded from coverage In Schedule B or In the ConditIOns and Stlpulatwlls, 01 2 Urunarketabdlty of such title, or Any defect In the executHln of any mong.Ige :.hown In Schedule B secUllng an Indebtednos, the owner of which IS named as an Insured 10 Schedule A, but only Insofar as such defect affects thl hen or charge of saId mortgage upon the lstate or Inlerest refl'fced to 10 thiS policy; or -t Pnonty over said mongage, at the date hereof, of any hen or encumbrance not shown or reftrred to 10 Schedule B, or {'),.c1uded from coverage 10 the Condltlons and StIpulatIOns, said mortgage belOg shown 10 Schedule B 10 the order of Its pnonty; - "'~"~""'" , all subject, however~(Q tne provIsions of Schedules A, Band C and to the Condltlons and StipulatIOn<. hereto annexe9~~CE AND IRG,'I\\I ;- ~\l' 00000000 .$"..1'/ : ~ ooo",~ IS PI?Oooo ,~ /1 ~ ~ 0 ~O (l"'''''': 1"",0_ t') j f :t ~ oo~ """f,.1J1U:.,1!1~,~I!ness....~he1eo 1 TItle Insurance and Trust Company has caused Its it'! ' 0 ~ ...... ^ ~ ~ <<'- 0 "Ao fJ ~ Lu 0 J...:. 'Ii- ~orporate)name and seal to be hereunto affIxed by Its duly authOrized officers ~ -' gf ~~ o'i,.~ljjtli'i.date ~h~.r~n Schedule A. r. I- 0 ,ill'. - ~LlU ~ "- ~ - 0--~.~4';k--l 0 Z % ~ I-" ~ : <:4!;~;'i-:~>r.1I'"" I ~ -, g "'<: ~ ~ o--";'\~~~~';'> .",g ~ '1. -{< oo-Y", -:~~. ',~ ~"'oo >} j:: " <,0';- ~ .~-- -- ,;-~o - " () oo~lATE IS <;'0000 ,<<- '5 'I, .$" 4 00000000 C~'v E \1\\ NGELES. ..s- \\\\\.,"""~ Title Insurance and Trust Company by ~~ ~SIDENT AlleJt ~ l1-~ $ECR[l ARY COND ITION S AND STIPULATIONS DEFINITION OF TERMS The following terms when used In thIs. poilcy mean (a) "land" the land descnbed, speCific- ally or by n:fc:rence, In Schedule C and Improvements affixed thereto whIch by law constitute real property, (b) "public records" those record~ whICh Impart constructIve 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) "date" the effective date, (e) "mortgage" mortgage, deed of trust, trust deed, or other secunty instrument, and (f) "InSUred" the party or parties named as Insured, and If the owner of the In- debtedness secured by a mortgage shown In Schedule B IS named as. an Insured In Schedule A, the Insured shall Include (1) each successor In Interest In ownershIp of such mdebtedness, (2) any such owner who acquires the estate or mterest referred to In thiS policy by foreclosure, trustee's sale, or other legal manner 10 satisfaction of said Indebtedness, and (3) any federal agency or IOstrumentaltty whICh IS an In- surer or guarantor under an Insurance con- tract or guaranty IOsunng or guaranteemg said mdebtedness, or any part (hereof. whether named as an msured herem or not, subject otherWise to the proVISIOns hereof 2 BENEFITS AFTER ACQUISITION Of TITLE If an IOsured owner of the IOdeb[edness secured by a mortgage descnbed 10 Sched- ule B acquires said estate or IntereSt, or any part thereof, by foreclosure, trustee s sale, or other legal manner 10 satIsfactIOn of said IOdebtedness, or any part thereof, or If a federal agency or Instrumentalny acqUIres said estate or Interest, or any part thereof, as a consequence of an IOsurance contract or guaranty IOsurmg or guarantee- 109 [he mdebtedness secured by a mortgage co\'ered by [hIS policy, or any part thereof, thiS policy shall contmue 10 force m favor of such Insured, agency or IOstrumentahty, subject to all of the conditiOns and stipula- tiOns hereof 3 EXCLUSIONS fROM THE COVERAGE Of THIS POLICY ThiS poltcy does not tnsure agalOst los~ or damage by reasons of the followlOg (a) Any law, ordtnance Of governmental regulatIOn (mdudmg but not ilmned to buddlOg and zonlOg ordinances) restnctlng or regulatlOg or prohlbltlOg the occupancy, use or enjoyment of the land, or regulatlOg the character, dimenSions, or locatton of .any Improvement now or hereafter erected on ~ald land. or prohlbltlOg a separation 10 ownershIp or a reductiOn 10 the dImenSIOns or area of any lot or parcel of land (b) Governmental fights of police power or emlOent domain unless notice of the exerCl~e of such nghts appears 10 the pubhc rewrds at the date hereof (c) Title to any property beyond the Jmes of the land expressly descnbed 10 Schedule C, or tItle to streets, roads. ave- nues, lanes, ways or waterways on whICh such land abur~ or the light to l11alO([lIn rherem vaults. tunnel~, ramp~ or an}' other structure or Improvement, or any fights or easements therem unles~ thIS pollcy ~peClfIC- ally proVides rhat mch property, lights or easements are lO~ured except (hat If rhe land abuts upon one 01 more phYSIcally open streets or hlghway~ thl~ politY m~ure~ rhe ordmary fights of ahlltllng owners for access to one of such ,treets 01 hlghwav" unless otherWise excepttd or excluded herein (d) Ddect~, hens, entUmblantl~, .ld\ el ~t claIms agamst the tltle a~ lOsured or orhtl matters (I) created, suffered. a~~umed or agreed to by the Insured claiming loss or damage, or (2) known to the Imured Cla1ll1anr either at the date of thl~ policy or at the date such In~ured Claimant ac- qUired an estate or Interest Insured by thl~ polICY and not shown by the publ1c rtwrds, unles~ dlsclo~ule thereof In Wfltlll~ hy tht Insured shall have been made to tht' Com- pany pnor to (he date of thiS poilcy, or (3) resultlOg 10 no loss to the Insured Claim- ant, or (4) attach1l1g or created sllb!>equent to the date hereof (e) Loss or damage which would not have been sustalOed If the Insured were d 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 10 all ItClgatlOn conSlstlng of actions or proceed lOgS com- menced against the Insured, or defense~ restrainmg orders, or Injunctions IOterposed agalOSt a forecIosurt or sale of the mort- gage and lOdebtedness covered by thl~ pollcy or a sale of the estate or IOterest in ~.lld land, or (2) for such actJOn as may be appropnate to estabilsh the title of the estate or IOterest or the hen of the morr- gage as IOsured, which htlgatlOn or actIOn 10 any of such events IS founded upon an alleged defecr, hen or encumbrance 10- sured against by thiS policy, and m.lY pur- sue .my htlgatLOn to flOal determInatIOn 10 the court of la~t resort (b) In case any such actIOn or proceed. 109 shall be begun, or defense IOterposeJ. or LO caSt knowledge ~hall come to the In- sured of any claIm of tnle or IOterest "",Jmh IS adverse to the title of the estate or In- terest or !Jen of the morrgage as In~ured, or which might C.luse los~ or damage for w1-.l(h the Comp.lny sh.lil or may he h,lblt by VUlue of thl~ pohty, or If the Insured shall 10 goud faHh contract to seJl the In- debtedness secured by .1 mung.lge to\ ered by thiS pohcy, or, If an InsuIlJ In ~o(l(l faIth leases or contrJ.et~ to sell. Iea~e or mortgage the same, or .f the ~uccessful bidder at a foreclosure ~.lle under a mort gage covered by thiS polLcy n:fu~e~ to pur- chast and In any such event tht tltlt tll said estate or IntereSl IS rejected a~ un- marketable, the Insured shall notify the Company thertof 10 wfltmg If sUlh r.t.rllt shall not be given to the Company ....ltl1lO ten days of the receIpt of proCtS... ur ple.1J- lOgS or If the Insured shJ.1l not. In wntm,R. promptly notIfy the Comp,lOY of any de- feet hen or encumbumce Insured ag'llll~t .... hlCh ~h.lIl come to the kQ()\' ledge of the Imured or If the 1001Ifed "h,dl not to wfltlng plomptly notify the Camp,lOY of any ~uch lejectlOn by re.I~()n of clallned un- m.lrket.lbilny of tItle, thtn all liability of the Company lO reg.lrd co the subject matter of ~uch .letlOn, proceeding or m.lrter ..hall cea...e .\Od refllllnate. proVided however, th:1t fadure to notIfy shall 10 no case prtJudlCt the claim of any In~ured unle~~ rhe Company ~haII he actuallv prejudICed by Wth fadure ,md then only to the e"{tent of "uch preJudice: (c) The Company ~haIl have rhe fight .It ItS own cost to mstltute and prosecute any ,lCtlOn or prOte(dmj:i: or do .my orher act which to ItS oplOlon mJ.Y be neccs~ary or deSirable to establish the title of the estate or lOtereSt or the hen of the mort- gage a~ Insured, .lnd the Company m,lY rake .Iny applOprt.lte ,1CWll1 undtl the rerm~ of thiS policy whether or not It ~h.lIJ bt. lIablt thereunder and ~h.lll not thereby concede habdlty or ......,lIve any provl~lOn of thiS pobcy (d) In all C.l~tS whue thl~ policy per- mit" or reqUlre~ the Company ro pro~tcutt or proVide for the defeme of Jny actIOn or proceed 109, the In~uled ~11.l11 ~(CUle to It the nghr to "0 plOsetutt' or proVide dt- feme In such JUmn 01 proceed mg. and all apptJb therem. and permit It (0 use, at lt~ optIOn, the n,lIne of the Imured for such purpo"e Whenever reqlle~ted by the Com- pany the Insured ~hall give the Company all rt,lsonable aid to any such actIOn or pWCetdlOg, 10 effeltmg ~ettlemem, securtng eVldt.nce. obramlng wltne~~e~ OJ pro~etll' tlllg or defending such .1ctLOn or proceed- 109, .lOd the Comp.my ~h.lll reimburse the Insured for .lny expen~t' ~o mcurred 5 NOTICE OF lOSS - LIMITATION OF ACTION In addHlon to the n(ltlCe~ r(qUlreJ under p.lr.1gr.lph 4(h). a statement In wfltm.';' of .lny Ims or damag( for whICh It I~ cl.llmed thl" Company I~ lI.lble under thiS policy shall be furOl~hed to the Company wlthlO ~IAry JJ.Ys after such lo~s or JJ.m.lge ~hall have been determlOed .lnd no light of actIOn shall accrue to the Insured under thIS poltcy until thlfty days after such stdtemcnt shall hJ.ve betn furnl~hed and no n:wvery ~hall be h.ld by the Insured under thiS pobcy unit ~~ J.ctlOn ~hJIl bt commenced thereon wlthm five year~ after explr.Hlon of s.lld thlfty Jar ptrtod Fadurt to fUIOI~h ~uch ~t..lreml"nt 0 los~ or d,un.lgt or to commtn(e !>uch .lltHlO Within tht hrnt htrembtfore ~ptClfled shall he ,I con. c1U~I\t. bar a,gamst malnttn.IOU.. by tht In- surLlI of any .ICtlOn unJu thl'" polJlY 6 OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS Tht Company ~hall h.lve thL optIOn tu P,IY or ~ettlt or comprornl~C: fOI or lO tht n,lIne of the Insured any c1,lIm In~ulul J.,L:J.III~t or to pay the full amount of thl" pO]I(}. or, In ca~e loss IS cl,llmeJ until( thl~ pollt}' hy the owner of the Inllthttdnt\\ ~etl1rtd hy a mortga,l.;t covertd hy (hi" polity the Company sh.lll hne the option to purth.lse saId mdt'bttdne~~, "uch pur- th.,"t. paymt'nt or tendlr of p.lyrntllt of (CondItions and Stipulations Continued and Concluded on Lost Poge of ThiS Policy) TO 1012.1 AB C CalifornIa land TItl. Association Stondord Co~rope Pohcy-1963 SCHEDULE A Premium $ '10,0 0 Amount $ 2,000 ,00 EffectIve Date March 4,1968 at 8 a.m. INSURED Pohcy No 6725961 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 "Ibis policy does not insure against loss or damage by reason of the following: PART I Taxes or assessments which are not shown as exisung liens by the records Qf any taxmg authonty that levlCs taxes or assesSlllents on real property or by the publIc records 2. Any facts, nghts, interests, or clClIms which are not shown by the publIc records but which could be ascertamed by an inspectIon of said land or by mnkmg mq lllry of persons m posseSSion thereof 3. Easements, claims of easement or encumbrances which are not shown by the publIc records +. DIscrepancIes, confhcts in boundary lmes, shortage In area, encroachments. or any other facts which a correct survey would disclose. and which are not shown by the pubhc records 5 Unpntented mmmg clClIms; reservatIOns or exceptIOns In patents or In Acts authorizmg the Issuance thereof, water nghts, chums or title to water. eo TO 1012-18 Coni. C Colifornla L(lnd Tltl_ Association Standard CoVerall_ Policy-1963 SCHEDULE B- (Continued) PART II 1. General and special county and city taxes for the fiscal year 1967-1968, a lien not yet payable. 2. Covenants, Executed By Recorded conditions and restrictions in the deed Peter L. Cuccia in bOOK 830 page 343, Official'Records conditions and restrictions in the deed Rudolph H. SchwarzKopf in bOOK 1043 page 37, Official Records 3. Covenants, Executed By Recorded 4. An actiOn in the Commenced Entitled Superior Cour't February 9, 1968 City of Arcadia, a municipa~ corporation vs. Britta L.'Albert, et al., 926351 county of Los Angeles public use Parcel 31 Case No. Nature of_ Action Affects Notice of the pendency of said action was Recorded February 9, 1968 in booK M-2772 page 966, Official Records TO JOI2-I-I()56.IC C American Land TItle As,oclatlon Loon Poltcy AdditIonal Coveroge-1962 0' California Land Title Auoclatlon Standard Coverage Pallcy-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 westerly 17.00 feet of the southerly 64.83 feet of lot 77 and the northerly 26,17 feet of lot 78 of Tract No. 4869, measured along the easterly lines thereof, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in bOOK 52 page 13 of Maps in the office of the county recorder of said county. Title acquired by deed from Walter N. Attrill and Edna I, Attril~, recorded March 4, 1968. . TO 236 VC PORTION 0"' LO'l'S 77 Mill er8 OF T?,ACT NO, 4869 '0 ::"~~ In< j:~'j~~~~',,^' !!I." '" ~ 'I' 'i~11 ;' ,~'~ ~;li;:'d'~: _', -",'" ,", :>!il"),,Ii/-=. T!"~' '," ~~~5f~I- ~~~~~?::~~ , (v- " " ~~ @ "< - "l ,Q -1 <l cO N '" 't 0'> 76 .... '" <l' 2(,332 ThIS is not a survey of Title Insurance and Trust eland ut IS complied for mformailon by the ompany from data shown by the offIcIal records. CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Foce) Ihe full ;lmount of this poltcy, togelher \\ Ith all coStS, attorneys fees and e"pen<;e<; \\ hlCh the Company IS obligated hereunder 10 pay, shall termmate all liabilIty of the CompAny htreundcr In the event, after notice of claim has been gIven to the Com- pany by rhe In<;ured, the Company offer,> to purchase s:J.ld mdebtedness, the owner of such Indebtedness shall transfer and assign said mdebtedness and the mortgage secunng the same to the Company upon payment of the purchase pnce 7 PAYMENT OF LOSS (a) The liabIlity of (he Company under this policy shall In no case exceed m all the actual 105<; of the Insured and coSts and .Ittorneys' fee<; whICh the Company may be obligated hereunder to pay (b) The Company will pay, In addition to any ]0<;<; Insured agalOst by thiS policv .Ill co)rs unposed upon the Insured In iltl- gatlOn carned on by the Company for the Insured, and all COSts and attorney<;' fees m litlgatlon earned on by the Insured WIth the wrnten authouzatlOn of the Company (c) No claim for damage<; shall ame 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 herem remove<; such defect, hen or encumbr:mce WlthlO a reasonable time after receipt of such notice or (2) for Iwbdlty ...oluntardy assumed by the Insured 10 settling any cl,llm or SUIt Without wntten consent of the Company, or (3) 10 the event the title IS reJecced as unmarketable because of a defect, hen or encumbrance nor excepted or excluded 10 thiS pohcy, unu! there has been a flOal determmanon by a coun of competent jurl<;- dICtlOn sustaJOlOg such rt'JeCClOn (d) All payments under thiS policy, eX~ cepr paymeors made for co<;{<;, attorneys' fees and eXpenses, shall reduce the amoun! of the Insurance pro tanto and no payment shall be made Without prodUCing thiS policy for endorsemeor of such payment unles<; the polICY be [0<;( or de<;troyed, 10 which case proof of such loss or destruction shall be furOlshed to the satlsfactlon of the Com. pany, prOVided, however If rh~ 0.... ner of an Indebtedne<;<; <;ecured by a mortgage <;hown 10 Scheduk B IS an Jmun:d herem then such pavment<; shall not reduce pro tanto the amount of rhe JOsur,lllce afford<:d hereunder a<; to such Imured e>.cept to the t'xtent that <;och payments reduce the .Imount of rhe Indebredness secured by <;uch mort- ~age Payment 10 full by any person or voluntary satlsfactlon or relea!>e by the In- <;uled of a mortgage covered by thiS policy <;hall terminate all babLlny of tht" Company [0 the Insured owner of the Indebtedne<;s <;ecured by such mortgage, (',,(epr as pro- Vided 10 paragraph 2 hereof (e) Wht"n liablllty has been deflmtely fIxed 10 accordance wuh the COndltiOm of thIS polIcy the !o<;s or damage shall be pa}- ahle wHhln thirty days thereafter 8 LIABILITY NONCUMULATIVE It IS expressly understood that tht' amouor of thiS poliCY IS reduced by any amoun! the Company may pay under any pohcy msurlOg rhe validity or prlotJty of any mortgage shown or referred to 10 Schedule B hereof or any mortgage here- after executed by the Insun:d WhlCh (S a charge or lien on the estatt" or IOtere<;t deSCribed or referred ro 10 Schedule A, and the amouor so paId shall be deemed a p.lY- ment to the Insured under thIS polICY The proVISIOns of thIS paragraph numbered R <;hall not apply to an Imun:d owner of .ln IOdebredness secured by a mon~agt <;hown 10 Schedule B unless such Imured acqUlre<; w]e to saId e<;tatc or IOterest In satl<;factlOn of said IOdebtedness or any part thereof 9 SUBROGATION UPON PAYMENT OR SETTLEMENT Whene...er the Company shall h.lve <;enled a tJ,um under thl~ policy, all right of :>ub- rogation <;halJ ve<;t 10 the Company un- affecced by any acr of the Insured, and It <;hall be subrogated to and be entitled to all nghts and remedies .....hlch the Insured would have had agaJOst any person or prop- erty JO respect to such claim had thlS policy not been I<;sued If the paymt'nt does not cover the los<; of the Insured, the Company ~haJ[ be subrogated to such nghts and remedIes 10 the proportIOn .... hlch said pay- ment bears to the amount of <;ald 105s If 1m, <;lwuld rl,u[t from .IOV an of tilt" In- 'lIred wch In ,h.1I1 not VOid lhl' polacy out the COll1jl.toy In th.!t tH'nt sll.lll be n.qtlln.d to p,ly only th,1t p.1rt of ,tny losse\ lO~llrtd ,1 l!;.llO,t ht'llumler whl~h ,h.1I1 e>. cet"~1 the ,lmount If .lOr 11I'>t [(l tht' Com- p.lOr hy rea<;on of the lmpalrmt'Of of lilt' t1j;hr of subrog.ltlon The In"llrt'd If re- qlltsted by Ihe Compno} <;hall tr.ln,fer to the Company ,III t1,t:hh .lnd remldlt~ ,1gal"'t any per<;on or property nCLe~<;.lIY tn ordu to plrft'ct ,u~h rlghr of ,uorog,Jtlon, ,tad sh.lI[ permit the Comp.lny to u<;e tht name of the Imured In .lny tran<;,lCtlOn or IitlgdtJOn IOVO!VlOg <;uch tlght<; or remlJles If the Imured I'> the o\\ner of rht 10- dehtt"dne<;s secured hr a mortgage covered hy thl<; pollcy, ,uch Imured m,ly rcle:lse or \Uh<;tJtllte tht pcr<;ona] habdlty of ,lny dehtor or guarantor, or lxrend 01 {lthuwl<;e moddy the term<; of payment, or n:le.l<;t: a portillO of rhe t,t.lte or mtere,t from the rum of the mortg.l}.:e or rek.l<;t' .lOy col- lateral ~ecuflty for rht' IOJeotednc~<;, pro- \ lJed <;uch .lct doc'> not rt"<;uh In .lny ]os<; of pflotlty of the lien of the nHlllg,lge 10 POLICY ENTIRE CONTRACT Any ,lCClOn or ,Ittlon~ or tl.dlh of ,lctlOn tll.1t the In<;urt'd may h.1vt: or may hnng .l}..;.!ln<;t the Comp,IOY atl'JOg out (Ie tht' ,t.lIU<; of the lien of the mOJtg,lgt' ctlvt"red hy th" poky or the utle of the l,ute or IOtt'rest lO<;urcd htreln mu<;t he o.l't'd on tht' pt<lVl<;lOn<; of thl' policy No provl~J()n or condttlOn of thl<; polICY L.to he waived or t11.!ngt:d C'Xlept oy wflllng tnJnr't:<.l. hcrt'Hn (If .Htacntd hU\::tH "I~nld 0\ tht: PreSident, .1 Vice Pre'ILknt thl S~cn:t.lty, an A<;'>I't,tat St"cret,lry or other \.lhJ.ltlng offICer of the Comp,lnr 11 NOTICES, WHERE SENT All notices reqUired to be glVt:n rhe COIll- pany and any <;tatt'ment In WfltlOg rt'<]ulred ttl he furOlshed the Company <;h,lI] he ,ld- dre<;sed to It .n the offlct" which 1\<;UCJ thl~ 'pollcy or (0 II' Homt" OffICe, 4)) South Spnn~ Strett, l.n<; Angeks S4, C.\hfllrma 12 THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGI: FOR TITLE SEARCH. TITLE EXAMINATION AND TITlE INSURANCE @ Title Insurance and Trust Company I"OUNCEC IN lag:;, POLICY OF TITLE INSURANCE Offermg complete tale serVIces throughout the state of Cahforma wIth Just one locol call Complete title SerUlC€S also avaIlable In the states of Alaska, Nevada, Oregon and Washmgton through subsldmry Compames. Title Insurance and Trust Company Home Office 433 South Spring Street Los Angeles 54, California "