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HomeMy WebLinkAboutD-1585 .- ,f :~ (, l~ ~ ~K 0392nG /88 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 instrwnent dated February 28, 1968 , from' or executed by' o~car J La Rouche and Alice La Rouche , 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 r ordation thereof by its duly authorized officers. CERTIFICATE OF ACCEPTANCE ~ aJ Manage City Engineer The document thus described is hereby approved as to form. ~ ~~~J I , 'J1L. k( ~ //-f/><- ~n City A to ne 'tr, ., i' o__,t., CITY OF ARCADIA C Y?S' YS'S-A/WS'!JJ 298 ~~ 03927 rb 187 AND WHII!:N fIllECOROII!:O MArL 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 Recorder -. NI I Nom. City Clerk Str._t P.O. Box 60 Addrell CIty" Arcadia, Calif. Stol. L I FREE "2. ~ SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX 5TATfMfHTS TO I Nom_ Str..1 Addr.1I City & Stol. L I City of Arcadia .'(_1'l0 ",<:?\:.I'l" (V'DI...\'~'''' ;,1J'.1\:.,,'cJ'l1 \JV- ~ ;:p.T,), ''7 .;? tJ AFFIX !,R,s, S...P.':. . ..... ..IN THIS SPACE ~- , ~r:r/ <;:- .... f\ '\ \J .I.. ~ ~ I:l Grant Deed TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receIpt of which i, hereby acknowledged, OSCAR J. LA ROUCIIE and ALICE LA ROUCIIE (j).t , - hereby GRANT(59 to the CITY OF ARCADIA, a Municipal Corporation, /N FE~ JJ .as Baldwin for public street and road purposes, Avenue, in, on, upon and across to become a part of and to be known "" "- "- \J the following described real property in the County of Los Angeles City of Arcadia, , State of California: The westerly 17.00 feet of the South 52 feet of the North 104 feet of Lot 40 of Tract No. 4869, 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. 1:7 ,., !~ Ie! 1t:1 o C "" 11 ;0 ) .~ -I , In , :z '" , -< Dale~ ~ r2 f; /96 F a;~ J;~ . sca~ J:~~i]t{~e d/ tZ4 ~ 0.' th:A Al~ce La ouc e ., , }ss. On before me, the under- sianed a Notary ubhc In and for stud State, personally appeared t:> 'Oscar J. La Rouche & Alic..p.: 1,;1 ROllrhp to be the person.lL--whose namE> R arp.: mstrument and acknowledged that thev WITNESS my hand and officIal seal. s,gnatu,~~/TP;~ ?Jt'hv '--;:-?~ . known to me subscribed to the wIthm executed the same. ~......." "",,,,,,,,,,.....,,,,,,,,,, "'OFFI c';i.:,-"S'EA~' ..""....." j CHRISTINE VAN MAANEN ~ ,;:"'Q~~",:; NOTARYPUBUC CALIFORNIA ~ ." ,,' PRINCIPAL OFFICE IN 1 LOS ANGELES COUNTY ..',"""..,....,,,,,,,,,,,..,,,, l\:) c.o 00 Name (Ty d ot Printed) e~ ;;z 3//9'// (T1115 .lea tOI omelll.l nottrll.l 5<,111) Ti e Order No. Escrow or Loan No, MAIL TAX STATEMENTS AS DIRECTED ABOVE .' . . .. .. GRANT DEED GRANT DEED , ," ~ f fl . . fI11 :;1 .. ,,-, Title Insurance and Trust Company Title Insurance and Trust Company" . COMPLETE STAT!WIDE TITLE SI!:RVICE WITH ONE LOCAL CALL COMPLETE STATEWIDE TITLI! SERVICE WITH ONE LOCAL CALL ,...- \, .,;-- .......... - ~"',.. "". ." 'CITY COUNCIL DON W HAGE MAYOR City of Arcadia C ROBERT ....RTH ....AYOR PRO TEM EDWARD L BUTTERWORTH ROBERT J CONSIDINE JAMES R HELMS JR ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H COZAD CITY MANAGER CHRISTINE VAN MAAHEN CITY CLERK May 9, 1968 Mr. John R. Passarella, Auditor-Controller 500 West Temple Street, Room 153 Los Angeles, California 90012 Attention: Eleanor Parker, Tax Cancellation Section Subject: Request for Cancellation of Taxes Baldwin Avenue Parcel No. 25 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, ~~ City Attorney RDO: jh Enc. ~ MAILING ADDRESSES CiTY HALL POBOX 130 lil100e LIBRARY 20 W DUARTE ROAD 9100e POLICE DEPARTMENT POBOX eo lil100e: FIRE OEPARTMENT 7105 SANTA ANITA AVE gl00e TELEPHONES 448.4471 . 6Bl..oZ76 4415.7111 447.2121 ....6-2128 _..@;'-: , . . . . . . MARK H. 8LOODGOOO AUDITOR..cONTROU.ER ~ .-~ ~ ~ ) /J /j)_ /.J~S- COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR.CONTROLLER ROBERT A GILL CHIEF DEPUTY '53 HALL OF ADMINISTRATION LOS ANGELES, CALIFORNIA 90012 625_3611 J R PASSARELLA, CHIEF, TAX DIVISION February 21. 1969 City of Arcadia 240 West Huntington Drive Arcadia, California RECEiVED FEB 27 1969 CITY OF ARCADIA CITY I}..TIORNEY Attention; Robert D. Ogle City Attorney Re; Baldwin Avenue Parcel No. 25 Oscar J. and Alice La Rouche - Grantors Gentlemen; Pursuant to your letter dated May 9, 1968, taxes have been cancelled in accordance with Section 4986 of the Revenue and Taxation Code. This cancel- lation was ordered by the visors October 22, 1968 Honorable Board of Super- by Authorization No. 06169. Very truly yours, lffiRK H. BLOODGOOD, Auditor-Controller (j( By J. R. Passarella, Chief Tax Division JRP!EI1P/tc ~f~ JZ b'- ' TO 1012-1 F C Californlo l(:md Trtre ASSOclotlon Standard Coverage Policy Form COPYright 1963 ~ POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company TItle Insurance and Trust Company, a Caltforma corpOratiOn, herem called the Company, for a valuable consideration paId for this polKY, the number, the effective date, and amount of whiCh are shown in Schedule A, hereby Insures the partIes named as Insured III Schedule A, the heirs, deVisees, personal representatIves of such Insured, or If a corporatIon, HS successors by dIssolution, merger or consolidation, agamst loss or damage not exceedmg the amount stated 10 Schedule A, together wtth 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 Any defect In or \ten or encumbrance on the tItle to the e<;tate or Interest covered hereby In the land descnbed or referred to In Schedule C, eXlstmg at the date hereof, not shown or referred to In Schedule B or excluded from coverage In Schedule B Ot 1fl the Condmons and ~t1pUlatlOns, or 2, Unmarketablluy of such tItle, or ), Any defect In the executlOo of any mortgage shown In Schedule B secunng an IOdebtedness, the owner of which IS named as an Insured 10 Schedule A, but only msofar as such defect affects the hen or charge of saId mortgage upon the estate or Interest referred to 10 thiS poltcy, or -4 PflDnty over said mDrtgage, at the date hereof, of any lien or encumbrance nDt shown Dr referred tD In Schedule B, or excluded from coverage 10 the ConditIOns and StipulatIOns, saId mortgage being shown 10 Schedule B to the order of Its pnonty; .\11 subject, howe~;'tQ\.)fi}'pili~is\o"ns of Schedules A, Band C and to the CondItions and StipulatIOn<; hereto annex..cl~ ~CE AND r~J~\\\1 .: ~~ 00000000 Vo$ II ;::' ~ 000 ~€. 15 PRO';.oo l' /1. "" /;) 0 -?-O '''''J wrtO /\w'h f d ~ ~ 00:<.- <)..~'f.1)UWz~JY(/..-nGsscw, ereo J Title Insurance an Trust Company has caused Its ~ , 0 ~ >,!-If ',...~ (< -l\ 0 .- fJjd b If d :? 0 '" "" tcornorat~name an seal to e hereunto a Ixe by Its duly authoflzed offICers % I<J 0 ___": ~n'" "-Ii0-<~' oh'" '" d '6 -J oL~~~.",,"j onf't e,uates own1n Sehe uleA " I- 0 /,"' "I';' J\-~L\O p ,~ ~ _ 0 -:"'7~ .~C::~ -=4~ '~rl!!--1\\ 0 Z ~ ~ t- ~ . ;-*,,:~,;;?rtj-~' ,~~., g ~ ~ ~ 0..... ~\\'~_ ~<: - J'-~" 0: J:! ~J i< 0 -s.~ '?,,,'i." 1',.\",,; ~'vo ~ !!: 'I 0,,- ~T,,>~~;>c- ~vo ..-. III <,()Oo~~i.4~~I;'(;\)~oOo ~'ff III $-4 00000000 C,?-V E \\\\ NGELES, ,$"' \\\\\,'\.'\.,"-'-~ Title Insurance and Trust Company by ~~ ~SIDENT AtteIl GLu %-~ ' SECRETARY CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The followmg terms when used It! this policy mean (a) "Iand"- the land descrIbed, speClflc- ally or by rderence, In Schedule <:: and Improvements affIxed thereto whtCh by law constitute real property, (b) "publIC records" those records whICh Impart constructive nOhce of lllattels relatmg to saId land, (e) "knowledge" actual knowledge, not conStructLve knowledge or notICe WhlCh may be 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) "msured" 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 Insuz-ed 10 Schedule A, the Insured shall mclude (1) each successor m Interest 10 ownershIp of such mdebtedness, (2) any such owner who acquires the estate or Interest referred to 10 thiS policy by foreclosure, trustee's sale, or other legal manner 10 satisfaction of saId 1Odebtedness, and (3) any federal agency or mstrumentahty whICh IS an 10- surer or guarantor under an 10suranCe con. tract or guaranty lOsunng or guararlteemg ~ald mdebtedness, or any part thereof, whether named as an msured herem or not subject OtherWIse to the provISIons hereor' 2. BENEFITS AFTER ACQUISITION Of:. TITLE If an msured owner of the lOdebtedness secured by a mortgage deSCribed 10 Sched- ule B acqUIres ~ald estate or Interest, or any part thereof, by foreclosure, trustee's sale, or other legal manner 10 satiSfactIOn of said mdebtedness, or any part thereof, or If a federal agency or mstrumentallty acqUires saId estate or Interest, or aoy part thereof, as a consequence of an msurance contract or guaranty msunng or guarantee. 109 the Indebtedness secured by a mortgage covered by thIS pohcy, or any part thereof, thiS po!Jcy shall contmue m force lQ favor of such Insured, agency or mstrumentality, subject to all of the conditIOns and stlPula. tlOns hereof 3, EXCLUSIONS FROM THE COVERAGE OF THIS POLICY ThiS poltcy does not Insure agaInst loss or damage by reasons of the followlOg (a) Any law, ordIOance or governmental regulatIon (lOcludlOg but not hmlted to butldlOg and zonlOg ordlOan<.es) restnCtlng or regulatlOg or prohlbltlOg the OCCltpancy, use or enjoyment of the land, or regulatIng the character, dimenSIOns, or locatIOn of .lOy Improvement now or hereafter erected on said land, or prohlbltlng a separatiOn 10 ownership or a reductIOn 10 the dImenSIOns OJ area of any lot or parcel of land (b) Governmental tights of polICe power or emInent domam unless notIce of the (,'xerCl~e of smh fights appears m the public reullds at the date hereof (c) TItle to any property beyond the lines of the land expressly descnbed In Schedule C, or title to streets, roach, ave. nues, lanes, ways or waterways on whICh mch land abut~ or the f1,l;"ht to malO tam therem vaults tunnels, ramp:. or any other structure or ImplOvement, 01 any llghts or easements rherem unless thIS pollcy speCifiC- ally proVides that such property nghts or easements are lnsuled, except tbat If the land abuts upon one 01 more phYSICally open streets or hIghways thl~ POhlY lO<;ure~ the ordlOary fights of abuttlng owners for access to one of such streets or highways, unle~s otherWise e-...ce-pttd 01 excluded herem (d) Defects, lIens, encumblanct'~, ad\else claIms agalOst the Clt]e as msured or other matters (1) created, suffered, assumed 01 agreed to by the Insured c1almlOg loss 01 damage, or (2) known to the Insured ClalOlant eIther at the date of thIS POliCY or at the date such Insured Claimant ac- quued an estate or mterest IOsured by thiS policy and not shown by the publIC records unless dlscJowre the-reof 10 wntlOg by tht Insured shall have been made to the Com- pany pflor to the date of thiS policy, or (3) resultIng In no loss to the Insured ClaIm- ant, or (4) attachlOg or created subsequent to the date hereof (e) Loss or damage which would not have been sustalOed 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 IltlgatlOn COOSlstIng of actIons or proceedIngs com- menced agalOst the Inmred, or defenses, restraming orders, or injunctions Interposed agalOst a foreclosun: or :.ale of the mort. gage and IOdebtedness covered by thl~ poliCY or a sale of the estate or lOre rest tn saId land, or (2) for such actwn as may be appropnate to establish the title of the estate or Interest or the ben of the mort- gage as Insured, whIch lItIgatIOn or actIOn In any of such events IS founded upon an alleged defeer, !ten or encumbrance 10- sured agaInst by thiS pohcy, and may pur- sue any hhgatlOn to fmal determInatIOn 10 the court of last resort (b) In case any such actIOn or proceed- mg shall be begun, or defense 1Oterposed, or 10 case knowledge shall come to the In- sured of any claim of tItle or IOte-rest whICh IS adverse to the tItle of the estate or In- terest or hen of the mortgage as IOsmed, or which mIght cause loss or damage for which the Company shall or may be hable by vlltue of thiS pohey, or If the Imured shall 10 good fa1th contract to sell the 10- debtedness secured by a mortgage CO\ ered by thiS policy, or, If an Insured 10 good faith leases or contract:. to sell, lease or mortgage the same, or If the successful bidder at a foreclosure sale under a mort- gage covered by thIS pollcy refuses to pur- chase and 10 any such event the tItle to saId estate or Interest IS reJected as un. marketable, the Insured shall notify the Company thereof 10 wntlOg If such notice shall not be given to the Company WlthlO ten days of the receIpt of process or plead- lOgS or If the Insured shall not, In wntmg, promptly notIfy the Comp,lOY of any de- feet hen or encumbrance msured agalmt whiCh o;halJ come to the knowledge of the Insured, or If the Insured shall not, 10 wntlOg plomptly notIfy the Company of any such leJectlOn by rea,on of claimed un- malketabIlny of tnle, then all liabIlIty of the Company 10 regard to the subject matter of such action, proceedmg or matter shall cease and termlOate, prOVIded, however, that fadUle to notify shall 10 no case prejudice the claim of any Insured unles~ the Company shall be actually prejudIced by :,ulh faIlure and then only to the e'{(ent of such prejUdiCe (c) The Company shall have the nght at HS own cost to lOsntute and pro~ecllte ,my actIOn or proceed 109 or do any other act WhICh 10 ItS oplOlOn may be necessary or desrrable to establIsh the tltle of the estate or IOterest or the lien of the mal t- gage as IOsured, and the Company may take any appropnate actlOn under the- tel m~ of thiS policy whether or not It shall be hable thereunder and shall not thereby concede liability or waIve any proVISIOn of thIS policy (d) In 'all cases where thiS pohcy per- mits or reqUIres the Company to pro~ecute or prOVIde for the defense of any actIOn or proceedIng, the Insuled shall secure to It the tight to so plOsecute or prOVide de- fense 10 such actIOn 01 proceed 109, and all appeals therelO, and permit It to use, at It~ optIOn, the name of the Insured fO! such purpose Whenever requested by the Com- pany the Insure-d shall glve the Company all reasonable aId In any ~uch actIOn or proceedlOg, 10 effecting settlement, secllllOg eVidence, obtamlOg wttnes~es, or prosecu- ting or defendmg such actIOn or proceed- 109, and the Company ~hall reimburse the Insured for any expense so IOcurred . 5 NOTICE OF LOSS - LIMITATION OF ' ACTION In addmon to the notices reqUIred under paragraph 4(b), a statement In wfItJng of any loss or damage for which It IS claImed the Company IS hable under this polICY shall be furO/shed to (he Company WlthlO Sixty days after such loss or damage shall have been determmed and no nght of actIOn shall accrue to the InsUled under thIS POlICY untIl thltty days after such statement shall have been furO/shed, and no recovery shall be had by the Insured under thIS polIcy unless actlOn shall be commenced thereon wlthm fIve year<; aEeer f'XpltatlOn of saId thirty day penod FaIlure to furnish such statement of loss or damage, or to commence such accu)O wlthlO th( tIme here1Obefore speCIfied, shall be a con- clUSive bar agamst malOtendnce by the In- sured of any action under thiS policy 6, OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the optIOn to payor settle or compromise for or 10 the name of the Insured any claim msurt;d against or to pay the full amount of tlm polIcy, or, In case loss IS claImed under thl~ policy by the owner of the mdebtedne~' secured by a mortgage covertd by (hIS policy, the Company shall have the optIOn to purchase saId mdebtf'dness, such pur- chase, payment or tender of payment of (Conditions ond StIpulations Continued ond Concluded on Last Page of ThiS PoliCY) TO 1012-1 AB C Callforrua land Title Assac;lallon Slandard Coverage Pohcy-1963 SCHEDULE A Prernium $ !-f().d 0 Amount $ 2, 000 . 00 EffectIve Date March 1, 1968,at 8 a.m. Policy No ,67 25 955 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 descri!)ed or referred to m 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 a$SeSSlllents whIch are not shown as eXIstIng liens by the records of any taxmg authority that levIes taxes or asseSSIllents on real property or by the pubhc records 2 Any facts, nghts, interests, or claIms whIch are not shown by the public records but WhICh could be ascertamed by an inspectIOn of Said land or by mabng m~ Ulry of persons m posseSSIon thereof, 3. Easements, claImS of easement or encu~brances 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 sun'ey would msclose, and whIch are not shown by the pubhc records ' . 5. Unpatented mmmg claims, reservatIOns or exceptIons III patents or in Acts lIuthonzIng the I_ssuance thereof; water nghts, claImS or tItle to water Ie .' TO 1012-18 Cont, C California LOlld nile As.oelatlon $tO'ndard Cov.talle Policy-1963 S C H E D U L E B - (Continued) PART II 1. General and special county and city taxes For the fiscal year 1967-1968, Second Installment : $173.43, Parcel 5785-010-011. 2. Covenants, Executed By Recorded ,conditions and restrictions in the deed Peter L.' Cuccia and wife' : prior to February 15, 1950, in book , '830, page 343,Off1cial Records. 3. 'Covenants, Executed By Recorded conditions and restrictions in the deed Rudolph H. Schwarzkopf and wife : prior to February 15, 1950, in book 2138,' page'326, Official Records. 4. An action in the Commenced Entitled Superior Court : February 7, 1966 city of Arcadia, a municipal corpora- tion, vs., Britta L. Albert, et al., 926351, Los Angeles Cqunty public street and incidental purP9ses Parcel No. 25. Case No. Nature of Action Affects Notice of the pendency Recorded of said action was : February 9, 1968, as Instrument '3426, in book M 2772, page 966, Official Records. No. " TO I012-1-1056-1C C Amerlcc:m land Tltl. AssocIatIon loan Policy AddItIonal Coverage-t962 0' Califor(lla land Title Association Standard Coverage Pohcy-1963 SCHEDULE C The land referred to m 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 south 52 feet of the north 104 feet of lot 40 of Tract No. 4869, 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. . Ylj ~3""e'VC. 1:,."'''-'. ;.._,./ 'I.... ~.,..i r..........i " , '. wrs 1 AND 2, 38 TO 41 OF TRACT NO. 4869 N --~ ~" -I ~ ,<"'>.. ~- *-~ ,>Jl~' ,~ /-'"' "",\(c;(~{,:,~m\f4)Q!,~i'j~,,;;, J . :\t~\'\~- '!!-t.f1!H&(f di0.~~~ ~~/ ~@ j5c o~ ~ / 1,' * ,0' {( fe; , h- " \ /, " " ~- .~:~, ,!,I '::n ... ~ --" ,'i., ~. 7'~ 'I ,'" " ,0,'(- ~. f I ~ I "' ~ , <S '" , J7(>./1. ~"'" ' ,': I If"!!' 'jll~1 'I ,~, AVE \, I i, 56 I1J1 AVE. 'j, tEMv/V t:.EA1tM/ AVE. @ This /$ not a surve of e land but is compiled for mformat/on by the Tlfle Insurance and T mpany from data shown by the off/c/al records. CONDITIONS AND STIPULATIO~S (Continued and Conch,lded From Reverse SIde of Policy Face) the full amount of this policy, together \\ Irh all COStS, .lttorneys fees and expen<;es \\ hlCh the Company IS obJ.gated hereunder (II pay, shall'termmate all liability of the Company hereunder In the event, after notICe of claIm has been given to the Com- pany by the Insured, the Comp,my offers to purchase ..aId Indebtedness, the owner of <;uch Indebtedne<;s shall transfer and .lsSlgn 'iald Indebtedness and the mortga~e secunng the same to the Company upon payment of the purchase pnce 7 PAYMENT OF lOSS (a) The ilablluy of the Company under thIS polity <;hall 10 no case exceed, 10 all, the actual los<; of the Insured and co..ts and ,Ittorneys' fee<; which the Company may be ob!.gated hereunder to pay (b) The Company Will pay, In addluon to any loss IOsured agamst by thIS pol1cy, .Ill CO~tS Imposed upon the Insured In lItI- gation earned on by the Company for the Insured, and all co.'>ts and attorney.. fees In l1C1gatlOn carned on by (he In'iured With the wHtten authOtlZatlOn of the Company (c) No claIm for damages shall anse or be mamtamable under thIS policy (1) ,f the Company, after havmg received notice of an alleged defect, hen or encumbrance not excepted or excluded herem remove'i such defect, hen or encumbrance wlthm a reasonable rime .1fter receipt of 'iuch notice or (2) for habdlty voluman!y a..sumed by the Insured 10 settlmg any claim or SUIt wHhout wnUen consent of the Company, or (3) 10 the e\ent the wle IS reJected as unmarketable because of a defect, hen or encumbrance not excepted or excluded 10 thIS pohcy, uned there has been a fmal determlOatJon by ,\ court of competent /un<;- dICtIOn SU'itaJOlng such reJectlon (d) All payments under thIS POlICY, ex- cept payments made for co<;t<;, attorneys' fees and expenses, shall reduce {he amount of the tosurance pro tanto and no payment shall be made Without prodUCIng thiS poltcy for endorsement of ~uch paymem unless the pollcy be [O<;t or destroyed, In whIch case proof of <;uch loss 01 destruction shall be furnl'ihed to the 'iat!<;factlOn of the Com- pany, proVided, however, If the owner of an IOdebtednes<; secured by a mortg.Ige shown 10 Schedule B IS .In Insured herein then such payments sha] [ not reduce pro tanto the amount of the IOsurance afforded hereunder as to such Insured, except to the extent that such payment~ reduce the amount of the mdebtedness secured by such mon- gage Payment In full by any person or voluntary satIsfaction or release by the In- sUled of a mortgage covered by thIS pO]ICY shall termlOate all hablluy of the Company to the IOsured owner of the uldebtedne~<; secured by such mortgage, e'{cept as pro- Vided 10 paragraph 2 hereof (e) When habllIty has been deflOlte]y fixed In accordance with the condItIOns of thIS pollcy the loss or damage shall be paY- able WlthlO thirty days thereafter 8. LIABILITY NONCUMULATIVE It IS expressly underswod that the amount of thiS policy 1<; reduced by any amount the Company Ill.lY pay under any policy IOsunng the vahdlty or pnonty of any mortgage shown or rderred to In Schedule B hereof or any mortgage here- after executed by the Imured which IS a charge or lien on the e.;tate or Intere'it desctlbed or referred to to Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under thIS pollcy The proVISions of thiS paragraph numbered 8 shall not apply to an Insured owner of an Indebtedness secured by a mortgage shown iO Schedule B unless <;uch Insured acqUires wle [0 said estate or mterest lO satisfactIOn of said IOdebtedness or .lny part thereof 9 SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company sh,lIl have settled a daun under thiS pohcy, all nght of sub- rogation shall vest 10 the Company un- affected by any an of the Insured, and It <;hall be subrogated to and bt" entitled to all nghts and remedies whICh the Insured would have had agalOst any person or prop- erty JO respect to such claIm had thiS poltcy not been Issued If the payment does not COVt"1 the loss of {he Insured, the Company <;hal1 be subrogated to such nghts and remeches 10 the proportIOn which said pay- ment bears to the amoum of said loss If ]()<;s should re..u[t from Jny act of the In- sured such.lct shall not VOId thIS poliCY hut the Comp,my m th.lt event shall be reqUIred [(l par only that pan of any losse<; Insured a~<IIO'it heleunder which ..hall n- ceed the amount, If .lny, 10<;( to the Com. pany by reason of the Impairment of the nght of <;ubro,gatllln The Insured, If rt"- qut"sted by the Company, 'ihall tr,lnsfer to the Company all tights and remedies agalOst any person or property nC\.essary In ordu to paf("ct such nghl of <;ubrogatlOn, and shall permit the Company to use the name of the Insured 10 any transaction or litigatIOn IOVOIVIO~ such rights or remedies If the Insured IS the owner of the In- debtedness secured by a mortgage covered by thiS poilcy, such Insured may release or 'iubstltute the personal ]Iablllty of any debtor or guarantor, or extend or otherWise moddy the terms of payment, or release a portIOn of the estate or IOterest from the hen of the mortgage, or release any co]- lateral secutlty for tht" IOJebtednes<;, pro- \ Ided such act doe'i nor lesult In any 10'i~ of prlOtlty of the hen of {he mortgage 10 POLICY ENTIRE CONTRACT Any aC[lon or actIOns Of tight.. of actIOn that the Insured may have or may bnng agaInst the Company an<;lOg out 0' the <;tarus of the hen of the mOlt~age covered by thIS po\Jcy or the title of tht" e~t.lte or Interest msured herclO mu<;( be ha..ed on the provlSlOn<; of thIS polICY No proVISIOn or conditIOn of thiS policy (an be wan'ed or changed except by wWlOg endorsed hereon or attached hereto Signed by the PreSIdent. a Vice PreSident, tht" Secret~ry, an AS'ilsranr Secretary Of othef 'ahd.ltlOg offIcer of {he Comp.lny 11 NOTICES, WHERE SENT All notICes reqUired to be given the Com- pany and any statement 10 wtllJO.~ reqUIred to be furnIshed tht" Company shall be ad- dressed to If at the offICe which l'isued thl~spolicy or to ItS Home OffIce 433 South Spnng Street. Lo~ Angeles 54, Ca[lfor0l3 \ 2 IH~ PREMIUM SPECIFIED IN SCH~DU\.E A IS THE ENTIRE CHARGE FOR TITlE SEARCH. TITlE EXAMINATION AND TiTlE INSURANCE @ Title Insurance and Trust Company FOUNOE;:O IN '''''3 POLICY OF TITLE INSURANCE Offering complete tItle serVIces throughout the state of Calrfornw with Just one local call Complete t!tle serVIces also avmlable m the states of Alaska, Nevada, Oregon and Washzngton through subsldwry Compames Title Insurance and Trust Company Home Office 433 South Spring Street Lo, Angele, 54, California