Loading...
HomeMy WebLinkAboutD-1590 ~ ,<~ "'~4 tlf ",~. . : CERTIFICATE OF ACCEPTANCE ~K03927rG /98 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 23, 1968 , from- or executed by Ra~ond C, and Victoria Manz Kiesel , is hereby accepted by the ity 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 ecordation thereof by its duly authorizedA~fficeri' - ~Jf.~ Mana City Engineer ~ o ~ The document thus described is here~~ City Attorn .(~ CITY OF "ARCADIA & 7,;'SY?9 -//NS-4'/ ;jU;j ,., --- ~C/ ~KD3927rG /97 A...O WHl!N ItECOltOI:O "'AIL TO RECORDED IN OFFICiAL RECORDS OF LOS ANGELES COUNTY, CALIF FOR TITLE INSURANCE & TRUST CO. MAR 1 1968 AT 8 A.M. RAY E. LEE. CountY. Recon:Iec _ t FREE.2. R I I City Clerk P.O. Box 60 Arcadia, Calif. I Nom, Sfr,,' Addr,.. e"y & S'lll'L ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE ....AlL TAX STAUMENn TO I Nam, City of Arcadia I FREE RECORDING ESSENTIAL TO ACQUISITIQN BY CITY OF ARCADIA, a municipal corperation. SEE GOVT. CODE # 6103. Stroet Addr... e.,y & S'aleL 5\/'.\1':\'A1':~' o ,N- ~ 01':~C'(-t.\ y\J\lUC N Ii4/( , , , , , YE ~ .... 'l "l: \J .I.. ~ Grant Deed p.TS'. AFFIX Ht;S, s.l/O n TO 40!l C (4 (7) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receIpt of which is hereby acknowledged, RAYMOND C. KIESEL and VICTORIA MANZ KIESEL rtrebY GRANfI15) to the CITY OF ARCADIA, a Municipal Corporation, . /N rife . , aft eae~~gRt for publ~c street and road purposes, to become a part of and to be known '~as Baldwin avenue, in, on, upon and across ~he following descnbed real property in the ~ity of Arcadia, County of Los Angeles ,State of California: \. () t:- ..... o The easterly 12.00 feet of the northerly 65 feet of the southerly 165 feet of Lot 5 in Block "G" of the Santa Anita Land Company's 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 sai~ County. l:1 '" tfI n '" fij o-j 0 Z r ~ :r ". '" r ::; " -; ". m C Z 0; OJ -< -< D..~~:>-J/ &~ /~- " STATE OF CALIFORNIA }ss CO~F LOS ANGELES - On ~ :2. ~ ~/q~ before me, the under- Sl"'ned a Notary Pu IC in and' for Said latc, personally appeared o Raymond C. and Victoria Manz Kiesel , known to me to be the persolL-whose name S are subscnbed to the WIth III Instrument and acknowledged that they executed the same. :~~:~~477a~ I; '. Name (Typed or Punted) My Commission Expires June 23, 1971 Title Order No. (Thh all'lI to! omdlll notulat 5ol'al) Fscrow or Loan No MAIL TAX STATEMENTS AS DIRECTED ABOVE ;' GRANT DEED GRANT~DEED Title Insurance and Trust Company Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CAL.L COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL '" "" .. .I' _ - -.. " 4.. -~ , .- .... ", r .... " " CITY COUNCIL DON W HAGE 101"'1'01'1 City of Arcadia C ROBERT ARTH Jo'IAYOR 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 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 Nos. I, 2 and 3 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 POBOX ~o g,ooe LlBRARY 20 W DUARTE ROAD 910015 POLICE DEPARTMENT POBOX eo 91006 FIRE DEPARTMENT 710 S 5"NT" ANITA AVE 9100e TELEPHONES 4046.04471 . 681..0276 44e-7111 447.2121 4415-2:128 MARK H BLOODGOOD AUDITOR.CONTROLLER COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER 153 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 625-3611 March 19, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California 91006 Attention: Robert D. Ogle City Attorney Re: Baldwin Avenue Parcel Nos. 1, 2 and 3 ""- r.gentlemen: Pursuant to your letter dated May 9, 1968, taxes have been cancelled in acc...rdance with Section 4986 of the Revenue and Taxation C~de. This cancel- lation was ordered by the Honorable Board of Super- visors Oct. 29, 1968 by Auth'lrizaticm No. 06327. Very truly y:urs, ~ BIDODGOOD, Auditor-Controller I3'J J. R. Passarella, Chief Tax Division JRPjEMP/ejrl ( / ...>P 6 /b?? ROBERT A GILL CHIEF DEPUTY J. R PASSARELLA, CHIEF, TAX DIVISION RECEIVED MAR 25 19FiC) CITY OF AR'- "\-~ , CITY 'TTC^~.~E: ( -~ .~.., fr~/ TO 1012-1 F C _ Collformo Land Title AHoclotlon Standard Coverage Pol,C'( Form Copyn';jt-.' 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company TItle Insurance and Trust Company, a California corporatJon, hereto called the Company, for a valuable consIderatiOn paid for thIS pohcy, the number, the effecuve date, and amount of whICh are shown in Schedule A, hereby Insures the parnes named as Insured In Schedule A, the heIrs, devlsees, personal representatIves of such Insured, or if a corporatIon, its successors by dIssolution, merger or consolidatIon, agalllst loss or damage nor exceedmg 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 Stlpularions hereof, WhICh (he Insured shall sustain by reason of Any defect In or !Jen or encumbrance on the title to the e<;tate or Interest covered hereby In the land descnbed or referred to JQ Schedule C, eXIsting at (he date hereof, not shown or referred to 10 Schedule B or e:xcluded from coverage m Schedule B or to the CondHlons and Supulauons, or 2 Unmarketahlltty of such (Ide, or 3. Any defect 10 the executIOn of any mortgage shown In Schedule B secunng an mdebtedness, the owner of whICh IS named as an Insured In Schedule A, but only Insofar as such defect affects the hen or charge of saId mortgage upon the estate or IOteres( referred to 10 thIS polley, or .t Pnonty over said mortgage, at the date hereof, of any lIen or encumbrance not shown or referred to In Schedule B, Of excluded from coverage In the ConditIOns and StIpulatIOns, said mortgage hemg shown 10 Schedule B In the order of Its pnonty. all subject, however;'tO'--)fi}'p"?o'VislOns of Schedules A. Band C and to the CondItIOns and SttpulatlOm. --.. "\\ hereto annex~~ ~CE ANO r~(; III ~ "~oooooooo ~.. II - ,'.~ 00..~ IS PI?Oooo r IJ -- i'J;)"V oO~OTf' 'Jo. 1'lo """\ . .::;' ~ oo5<.? (l~"f.,~~n~ lPd!fl!sJ"..Jf(,hereof, Title Insurance and Trust Company has caused Its , ~ 0 ~ ~ ^ I::.'>"'<tl --(\ 0 "":, IJ * 0 J..., l!t~ iCOfHorat~naqle and seal to be hereunto af6xed by Its duly authoflzed offICers ~ !:f ~~ oWt~d.te ~h~~in Schedule A, r, I- 0 .'" ,~IJr--';"'L\O p ~ ~ _ o-.o~>,_--;f~. ,,!:I~\ 0 Z % r, r 0 '/~~Q JL...-- (~\ '!t.">ifk 0 """(' ~ ~ o~, . 'il!'iI'~JlL.l~I'rr' --g ~ (J .H 0".\ ,\~'.,=: 'J Go 't4.. ~ rJ ">" 01>~ - ':-:'f.",-'l -, 1:<- ~'<.<o 'C ~ '1 0 ,. ..p'-,<-~', ~v 0 ;; III ~()oot~,.~'iE-~; G\}~OOo ~',: It, ~ 4 00000000 ~~'v E' \\\\ NGELES, $' \\\\'\'\"~"'~ Title Insurance and Trust Company by ~~ /:SIDENT Attest ~ lif-~ SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used In this policy m~an (a) "land' the land described, speCIfic- ally or by rderence, 10 Schedule C and Improvements affixed thereto which by law constitute real property, (b) '\pubiLc records" those H.'cords whIch Impart construLtlve 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 PlIbhc records, (d) "qate"- the effective date, (e) "ITlOngage" mortgage, deed of trust, trust dec(J, or other securIty Instrument, and (f) "ulSllred" the party or pames named as Insur~, and d the owner of (he In- debtedne~s secured by a mortgage shown In Schedule B IS named as. an Insured 10 Schedule A, the Insured shall 10clude (I) each SUC<:essor 10 Interest In Dwnershlp of such Indebtedness, (2) any such owner who acqUIres the estate Dr Interest referred tu In thiS PDllcy by foreclosure, trustee s sale, or other legal manner In satl..factlDn Df said Indebtedness, and (3) any federal agency Or mstrumentahty which IS an in- surer or guarantor under an Insurance con- tract or guaranty IOsut'lng or guaranteemg "aid mdebtedness, or any part thereof whether named as an msured herem Dr not, subject OtherWise to the provIsions hereof 2 BENEFITS AFTER ACQUISITION OF TITLE If an IOsured owner of the Indebtedness secured by a mortgage descnbed m Sched- ule B acquIres said estate or Interest, Dr any part thereof, by foreclosure, trustee'.. sale, or other legal manner 10 satl<;facuon of said Indebtedness, or any part thereof, or If a federal agency or instrumentality acqUires said estate or IOterest, or any part thereof, as a consequence of an Insurance contract or guaranty IOsut'lng or guarantee- Ing the Indebtedness secured by a mDrtgage covered by thIS POlICY, or any part thereof, thiS polley shall contlOue m force m favor of such Insured, ageney or mstrumentaltty, subject to all of the condmons and stlPula. tlons hereof. 3 EXCLI.JSIONS FROM THE COVERAGE OF THIS POLICY ThiS ~DI1CY does nDt Insure agalOst loss or damage by reasons of the followmg (a) ^ny law, ordlOance or governmental n..gulatlOn (mcludlOg but nOt IimHed to huddmg and zonmg ordmances) restnctlng or regulatmg or prohlbltmg the occupancy, u..e or enjoyment of the land, or regulating the chaucter, dimenSions, or locatIOn of ,my Improvement nDw Dr hereafter erected on 'iald land, or prohlbltmg a separatIOn m owoer<;hlp or a reduction 10 the dimenSions or area of any lot or parcel of land (h) Governmental nghts of polIce power or emlf}ent domain unless notlce of the exerCl<;e of such nghts appears 10 the public relllrd<; at the date hereof (c) 'fnle to any property beyond the hoes of the land expressly descnbed 10 Schedult C, or otle to streets, roads, ave- nues, lanes, ways or waterways on which such land abut.., or the flE:ht to mamtalO therem vaults, runnels, r:"lmp!> or any other structure or Improvement, 01 any tlghts or easements therem unless thiS policy specifiC- ally prOVides {hat <;uch property tlghts or easements are IOsured, except tbat [f the land abuts upon one or more phYSically open streets or hl,l:hway.. Ih[.. polICY msures the ordmary tights of abu[[ln~ owners for access to one of such ..treet.. 01 hIghways unless otherWIse eXlepttd ot excluded herem (d) Defects, hens, enlumbrance.., adverse claims agams[ the title as IOsured or other matters (I) created, suffered, assumed or agreed to by the Insured claIming IDss or damage, or (2) knDwn to the Insured Claimant either at the date of thIS pohcy or at the date such Insured Claimant ac-, qUI red an estate or mterest msured by thiS pobcy and not shown by the public records unless dlsclo!>ure thereof In wntlOj:; by the Insured shall have been made to the Com- pany pnor to the date of thl" policy, or (3) resultmg 10 nD loss to the Imured Claim- ant, or (4) attaching or created subsequent to the date hereof (e) Loss or damage whIch would nDt have been sustamed 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 10 all hugatlOn conslStmg of actIOns or proceedlOgs com- menced agalOst the Imured, or defenses, restraIning orders, or in/unctIons Interposed agalOSt a foreclosure or sale of the mort- gage and Indebtedness covered by thIS poilcy or a sale of the estate or Intere..t 10 said land, Dr (2) for such actIOn as may be approprIate to establish the tltle of the estate or Interest or the hen of the mort- gage as IOsured, which htlgatlOn Dr actIOn 10 any of such events IS founded upon an alleged defect, hen or mcumbrance in- sured agamst by thIS policy, and may pur- sue any litigatIOn to final determlOatlOn to the Court of last reson (b) In case any such actIOn or proceed- 109 shall be begun, or defense mterposed, or 10 case knowledge <;h,ill come to the In- sured of any claim of title or 10terest whllh IS adverse to the tItle of the estate or 10- terest or hen of the mortgage as IOsured, or which might cause loss Dr damage for wbch the Comp,my sholJJ or may be lIable by Virtue of thiS politY, or If the Insured shall 10 gDod faith contract to sell the 10- debtedness secured by .1 murtgage co, ered by thIS pohey, or, If an Insured 10 good faIth leases or contract!> {Q sell, lease or mortgage the same, or If the successful bIdder at a foreclosure Solie under a mort- gage covered by thIS poilcy refuses to pur- chase and 10 any !>uch event the title to said estate or IOterest I" rejected as un. marketable, the Inmrcd shall nohfy the Company thereof lO wntlng If such notIce shall not be given to the Company wlthm ten days of the receIpt of process or plead- lOgs or If the Insured Sholl! not, 10 wntlOg, promptly notlfy {he Comp.my of any de- fect hen or encumbrance msured "E::!IO..t which shall come to the knowledge of the Insured, or If tbe Insured shall nO!, m wtltmg, promptly notify the Company of any such rejectIOn by reason of claimed un- m.l.rketabiluy of title, then all liability of the Comp.IOY In regard to the subject matter of !>uch acuon, proceedlOg Dr matter shall cease and lermlOate, prOVided, however, that LulUle to notify shall In no ca..e prejudice the claim of J.ny In..ured unle<;.. {he Company shall be actually prejudIced by ..uch fadure and then only t(l the e"{tent of such prejudICe (c) The Company shall have the nght at ItS own cost to lOStItute and prosecute any actIOn or proceedmg or do any OIher act which m ItS oplOlOn may be neces<;:J.ry or deSlrab]e to establish the w]e of the estate Dr IOterest at the hen of the mort- gage as IOsured, and the Company may take any appropflate actIOn under the term<; of thiS poliCY whether or not It ..hall be hable thereunder and shall not thereby concede li.lblilty or waive any provISion of thiS poilcy (d) In all lases where thl" polICY per- mits or reqUires the Company to pro..ecute or proVIde for the defense Df any action or proceedmg, the Insured shall secUle to It the tight to so prosecute or prOVide de. fense In such actIOn or proceedlOg, and all appeab therein, and permit It to use, at It.. optIOn, the name of the Insured for such purpose Whenever requested by the Com. pany the Insured shaH give the Company all reasonable aJd 10 any such actIOn or proceed 109, [n effect 109 settlement, secuflnE: eVidence, Dbtammg witnesses, or pro..ecu. tlng or defendmg such action or proceed- Ing, J.nd the Compa.ny ..haJJ letmbufse the Insured for any expense so IOcurred S. NOTICE OF LOSS - LIMITATION OF ACTION In addltlon tD the notices reqUIred under paragraph 4(b), a statement In wfltmg of any loss or damage for which It IS claimed the Comp.l.ny IS hable under thiS policy shall be furnished to the Company wlthm SiXty days after such loss or damage shall have been determmed and nD tight of actIOn shall accrue to the Insured under thIS policy untd thlfty days after such stJ.tement ~hall hAve been furnIshed, and no recovery shaH be had by the Insured under thl" policy unless actlon ..hall be commenced thereon WlthlO fIve years after expiration of said thirty day penod Failure to furOl..h such statement of loss or damage, or to commence such actulO wlthm the time herem before specified, shall be a con. c1uslve bar agalOst mamtenance by the In. sured of any action under thiS policy 6 OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shaH ha.ve the optlon to payor settle or compromise for or 10 the name of the Insured any claim m"uled against or to pay the full alllOunt of thl!> pohcy, or, In case loss IS claimed under thl" poliCY by the owner of tbe IOdebtednl~~ !>ecured by a mortgage covered by tlllS pohcy, the Company shall have the optIOn {Q purchase said IOdebtedness. such pur- chase, payment or tender of payment of (Conditions and Stipulations Continued and Concluded on Lost Page of ThiS Policy) {.; TO 1012.) AB C CalifornIa land TItle Association Standard Coverage Pahcy-1963 SCHEDULE A Prernlum $ If 0.00 Amount $2,000.00 Effectrve Date March 1, 1968, at 8 a.m. INSURED Pohc)' No 67 25 964 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 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 existmg hens by the records of any taxing authority that levies taxes or assessm.ents on real property or by the publIc records. 2 Any facts. TIghts. mterests, or claIms which are not shown by the publIc records but which could be ascertained by an illspectlOn of saId land or by makmg mqlllry of persons m posseSSIOn thereof. 3. Easements, cl81ms of easement or encumbrances whIch are not shown by the publIc records 4. DiscrepancIes, conflIcts ill boundary lines, shortage m area, encroachments, or any other facts whIch a correct survey would dISclose, and whlch arc. not shown by the public records. 5 Unp8tented minlllg claims, reservntIOns or exceptIons m patents or In Acts authorIzmg the Issuance thereof. water nghts, clal.ID.s or utlc to water r:J TO 1012-1B Cant. C Callfornlo Lond TItle Anoc1otlon Stondord Coy.roge Policy-1963 S C H E D ULE B - (Continued) PART II 1. General and special county and city taxes For the fiscal year 1967-1968, Second Installment : $185.40, Parcel 5383-030-010. 2. Such rights of way for and rights to repair and maintain pipes for condu~ting water over and across said property, and all other rights of entry and rights of way as were conveyed to Edward C. Cribb, by deed recorded in book. 3035, page 192 of Deeds, and by deed recorded in book 3235, page 121 of Deeds, and subsequent deeds. 3. An easement affecting all of said land for the purposes stated herein, and incidental purposes, In Favor Of Sa~t~ Anita Land Company For : pipes Recorded : prior to February 15, 1950, in book 4105, page 24 of Deeds. 4. Covenants, conditions and restrictions in the above recorded instrument. 5. An action in the Commenced Entitled Superior Court , , : February 7, 1968 city of Arcadia, a municipal corpora- tion, va., Britta L. Albert, et al., : 926351, Los Angeles county pUblic street and incidental purposes : Parcel No.1. Case No. Nature of Action Affects Notice of the pendency of said action was Recorded February 9, 1968, as Instrument No. 3426, in book M 2772, page 966, Official Records. TO l012-1-1056-IC C Am8r1can lafld Trtlo Assoclotlon Loon Policy Addlllonal Coveroge~ 1962 0' CalIfornia l(lnd Tille As,oclatlon Standard Coverage Pollcy-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 northerly 65 feet of the southerly 165 feet of lot 5 in block "a" of the Santa Anita Land Company I s 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. . ~v.c, LOTS I TO 8 BLOCK G SANTA ANITA LAND COMPANYS TRACT M B 6-/37 j ! I o J ~ -REAL~ --"'+--~ "-'I JI: '. I 7 IlOO go, I I I .:: J' I I, I I I -+ -"1 "I" I 'f i 1 s ~ I -.J II -Rr ,... I I ~~ I i CAMINO "" 13t I~Z ~. ~ . . . . . ~ . .' l l:l ~ ~ ~ <5 \:> I I I , , '" '" I~ "' I- l~ ]- - - -:!U I '0 :' '" " ,t ~ ~ --AVE.--- --,>-= I _ Z~4_ I ~ 'l: ~ ~ '{ <Q ~~ I fOZ ti6 I : I r-- -t-Zl4---t--.....j ~-mr- --j , I I I .. .. " , ':-';J I '''"I I , I I I L~,~7 L , ~ ~O;3O 10Z _1..__ _ 0 ,. -, ! I .6 .6 '" "0 '" '" - -LEMON N8f./OE__./.Jzn @ This is not a survey of the land but IS compiled for Information by the Tdle Insurance and Trust Company from data shown by the official records. CONDITIONS AND STIPULATIONS (Contlr1ued and Concluded From Reverse Side of Policy Face) the fuJl amount of thl<; policy, together \\ lth all costs, attorneys fees and expenses \\ hlch the Company IS obligated hereunder to pay, shall'termlnate all liabilIty of the Company hereunder In the event, after notlce of claim has been given to the Com- pan} by the Insured, the Company offers to purcha<;e <;:lId IOdebtedness, the owner of such Indebtedness shal] transfer and aSSign ..aid IOdebtedness and the mortgal{e secunn,g the same to the Company upon payment of the purcha~e pnce 7 PAYMENT OF LOSS (a) The liability of the Company under thiS policy shall In no case exceed, 10 all the actual loss of the Insured and costs and .Ittorneys' fees which the Company may he obligated hereunder to pay (b) The Company WIll pay, 10 additIOn to any 10<;.. Insured agalO<;t by thiS pohcy, "II co~ts Imposed upon the Insured 10 11t1- gahon carned on by the Company for the [nsured, and all costs and attorneys' fees In lrugatJon earned on by the Insured With the wwten authoflzatlOn of the Company (c) No claim for damages shall aflse or be malOtalOable under thiS policy (1) If the Company, after havlOg reCeived notice of an alleged defect, lien or encumbrance not excepted or excluded herein remove<; ~uch defect, hen or encumbrance WlthlO a reasonable tlme after receipt of <;uch notice, nr (2) for l1ablllt}" voluntanly a<;sumed by the Insured In 5ettltng any claim or SUit Without wntten consent of the Company, or (3) 10 the event the CHle IS rejected a<; unmarketable because of a defect, hen or encumbrance not excepted or excluded 10 thIS pohcy, until there has been a flOa] determlOatlOn by a coun of competent Jun<;- dlctlOn su<;taJOlOg such reJe((j(Jn (d) All payments under thIS pohcy, ex- cept payments made for co<;(S, attorneys' fees and expenses, shall reduce the amouOl of the IOsumnce pro tanto and no payment shall be made without prodUCing thiS polley for endor<;cment of <;uch payment unless the policy be 10<;( or de<;troyed, 10 which case proof of ~uch loss or de<;tructlOn <;hall be furnl<;hed to the satlsfactH)O of rhl' Com- pany, prOVIded. however, If lht' o\\ner of an lOdebtedness secured by a mortgage shown 10 Schedule B IS an In<;ured herem then such pdvments shall not reduce pro tanto the amount of the IOS11ranCe afforded hereunder a<; to <;uch lnsult.'d, e>.ccpt to the extent that such payments reduce the amount of the IOdebtednC"is secured by 5uch mort- gage Payment In full by any person or voluntary satisfactIOn or rele.1se by the In- sUlcd of a mortgage covered by thiS poliCY shall term mate all liabIlity of the Company (0 the Insured owner of the IOdebtedness secured by such mortgage, except as pro- Vided 10 paragraph 2 hereof (e) When liabilIty has been deflOltely fixed In accordance with the conditIOns of thiS policy the loss or damage shall be pay- able wnhlO 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 an)' polley lOsunng the validIty or pnonty of any mortgage shown or rt'ferred (0 10 Schedule B hereof or any mortgage here- after executed by the Imun:d which IS a charge or hen on the est.lte or IOtere<;t descflbed or referred to 10 Schedule A. and the amount so paid shall be deemed a pay- ment to the Insured under thIS pobcy The prOVlSlOn<; of (hiS paragraph numbered 8 shall not apply to an Insun:d owner of an IOdebtednes<; secured by a mortgage shown In Schedule B unless <;uch In<;ured acqUires cnle to said estate or Interest 10 satisfactIOn of said mdebtedness or any part thereof 9 SUBROGATION UPON PAYMENT OR SEnlEMENT Whenever the Company shall have sealed a claim under thIS pohcy, all fight of sub- rogaoon shall vest m the Company un- affected by any act of the Insured. and It <;hall be subrogated to and be entitled to all flghrs and remedIes which the Insured would have had agamst any person or prop- erty In respect to such claim had rhls pohcy not been Issued If the payment does not COver the ]os<; of the Insured, the Company <;hall be subrogated to such flght<; and remedies 10 the proportIOn which said pay- ment bears to the amount of ..aid loss If ]0<;<; should result from an} acr of rhe In- sured, <;uch act <;hall not VOid tlll<; POlICY, but the COI1'lMny, 10 that event, shall be reqUIred to par only that part of ,lOy losses msured agaln<;t hCIl'Unc\er whICh <;lull e},- (eed the amount, If .wy, lost 10 the Com- pany by reason of the lmpalflnent of the fight of subrO~,1tlOn The Insured, .r re- quested by the Company, ..hal] transfer to the Company al\ fights dnd remedies agalOst any person or property ne..essary 10 ordEr to pufect <;uch light of <;ubrogatlOn, and shall permit the Comp,IOY t(I use the name of the Insured 10 any transaction or htlgatlOn IOVO!VlOg <;uch flgh[~ or remedies If the Insured IS the owner of the in- debtedness secured by a mortgage covered hy thiS policy, such Insured may release or ~ubstttute the persona.] liability of any debtor or guarantor, or extend 01 otherWise modify the terms of parment or relea<;e a portIOn of rhe estate or Intere5t from the lIen of the mortgage or release any col- lateral secunty for the IOdebtedness, pro- \Ided such act does nOt result III any loss of prlOrHr of the hen of rhe mortgage 10 POLICY ENTIRE CONTRACT Any acwJO or actIOns or ([ght<; of actIOn [hat the Insured may hJve or Illay bnng agdlOSt the Company anslOg out Of the <;tatus of the lien of the 0101 tgage covered by thiS policy or the tHle of the e<;tate or mteresr m<;ured herelll l1lu<;t be based on the proVISIOO'i of thl\ policy No proVISIOn or conditIOn of thl<; policy (an be waived or changed except by wflong endorsed hereon or attached hereto Signed f:n the PreSident. a V Ice PreSident, the Secretary, an AS<;15tanr Secretary or mher \'.lhdatmg offICer of rhe Company 11 NOTICES, WHERE SENT All nohces requ1fl:d to be gIven the Com- pany and any 5tatement In wr1tJO~ requlCl:d to be furmshed the Company shall be ad- dre5sed to It at the office ",hlch I<;sued thl<; polley or to ItS Home OffICe, 4 B South Spnng Streer, Lo<; Angele<; 54, Cal.rorma 12 THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE, @ Title Insurance and Trust Company "OUNOEO IN '88'" POLICY OF TITLE INSURANCE Offermg complete tLUe sermces throughout the state of Cah/orma wlth Just one local call Complete tlile serVlces also avazlable lt1 the states of Alaska, Nevada, Oregon and Washmgton through subsldzary Compames / Title Insurance and Trust Company Home Office 433 South Spring Street Los Angeles 54, California