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HomeMy WebLinkAboutD-1579 r , . . ,. , , ., r. . CERTIFICATE OF ACCEPTANCE ~K0392orG 24 ,~ 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 14. 1968 , from" or executed by Toney Hoffman , is hereby accepted by the City of Arcadia by the order or authori- zation of the City Council of the City of Arcadia containe~ 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 authorized officers. ~ ?/ ~/>?41- ity Manager ity Engineer l\::I c.." CoO f The aocument thus described is hereby approved as to form. ~ ?1r.77~ ity ttorney '. ! AND WHEN IIIECOIIIOatO "'AIL TO D^ Uj~[U ~Ij 23 /)-/679 . CITY ()F-ARCADlA r; 7.J' f' 7 C7 y- - #'Jr ,,- Ref ~ij~ .' I NOIll. City Clerk Slr..t P.O. Box 60 Addr.., C"y & Arcadia, Calif. Slot. L I RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY. CALIF. FOR TITLE INSURANCE & TRUST CO. FEB 23 1968 AT 8 A.M. RAY E. LEE, County Recorder -1 SPACE ABOVE THIS LINE FOR RECORDER'S USE "'AIL TAl( STAH.....ftolTS TO I I FREE RECORDING ESSENTIAL TO ACQUISITION BY, CITY OF ARCADIA, a municipal corporation. SEE GOVT. CODE # 6103. J fREE~R ., Nom. Ci ty of Arcadia Slt..t Addt.., C,ty & Stote L ~" :..~ tJ.. S\ I'- ..J 0' .V~ ~C; 1'-0 '0\,.\0 ~\) . Grant Deed " \'\0 TAX DUE " AFFIX I.R.S. S. .~. ABOVE TO 405 C (4 67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY "C ... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TONEY HOFFMAN Il ~ () So. ~ ~ 1:1 !jherebY GRANT(S) to the CITY OF ARCADIA, a Municipal Corporation, fjf-pi FI<E , . .88 eaeemeRt for publ1c 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, ~ County of Los Angeles , State of Cahfornia: ...... That portion of Lot 1 of Tract No. 4467, in the City of Arcadia, County of Los Angeles, (J State of California, as per map recorded in Book 53, Page 10 of Maps, in the office of the County Recorder of said County included within the. following described lines: Beginning at the southwest corner of said lot; thence easterly along the southerly line of said lot to the beginning of a curve, concave northeasterly having a radius of 15,00 feet, said curve being tangent northerly to the easterly line of the westerly 22.00 feet of said lot; thence northwesterly along said curve to said easterly line; thence northerly along said easterly line a distance of 50.00 feet; thence northerly in a direct line to the poin of intersection of the easterly line of the westerly 17.00 feet of said lot with a line drawn at right angles through a point in the easterly line of said westerly 22.00 feet of said lot and distant. northerly along said line 175.00 feet from the northerly terminus of said curve; thence northerly along the easterly line of said westerly 17.00 feet to the southerly line of Lot 27 of Tract No. 8475, as per map recorded in Book 114, Page 100 of said Maps; thence westerly along said southerly line to the westerly line of said lot; thence southerly along said westerly line to the point of beginning. EXCEPT THEREFROM that portion included within the south 140.00 feet measured at right angles from the south line of said lot. DatelC.~~c ,I If) / 9 t Y }55. On before me, the under- Signed, a Notary Pu III and for said State, personally appeared Toney Hoffman [T~ ~y manlP!L to he the persoII-whose name i A Instrument and acknowledged that she WtTNE55 m~ hand and. o~eal . '<<~~..........~,j~ ... ..""'..,.."........."...........OFFiciA~.'Sr::A:.. ~ HRISTINE VAN MAANEN , _!, NOTARY pUBucNa:A*:IRG;ipij114r Printed) - OllW....odJefl.. II 'ifi-1!'8 Jt\ne 23, 1971 known to me subscnbed 10 the wlthm executed the samE' 'l\:J c..,j ~ (Till. l.lell fOI OITlClll.! notarlill ~&ll "" ","'",,; Escrow or Loan No, MAIL TAX STATEMENTS AS DIRECTED ABOVE '" .'! n , -_I IH- . , lf11 .,. I , " r , I ~-' ~ .GRANT DEED .' ". .~' ; Title Insurance and Trust Company COMPLETE STATEWIDE TITLE SEAVICE WITH ONE LOCAL CALL . .' ... ....~~. .~ . .-- GRANT DEED ,. , Title Insurance and . Trust Company COMPLETE STATEWIDE ,TITLE SERVICE WITH ONE LOCAL CALL .. CITY COUNCIL DON W HAGE MAYOR City of Arcadia C ROsERT ARTH MAYOR PRO TEM EDWARD L BUTTERWORTH ROeERT J. CONSIDINE JAMES R HELMS JR ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA l- YMAN 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. 40 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. 1- MAILING ADDRESSES CITY HALL POBOX 80 gl00e LIBRARY 20 W DUARTE ROAD 91008 POLlCE DEPARTMENT POBOX 60 91008 FIRE DEPARTMENT 7105 SANTA ANITA AVE 91008 TELEPHONES 448.4471 . eel..o278 448.7111 447.2121 446.2128 TO 1012-1 F C (10-67) Cal,forn.a land T,tle Anoclotlon Stondord Coverage PolICY Form Copynght 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 effec[Ive date, and amount of WhICh are shown tn Schedule A, hereby tnsures the parties named as Insured 10 Schedule A, the helCs, devisees. personal representatives of such Insured, or If a corporatIOn, I(S successors by dIssolution, merger or consolIdatIOn, agamst loss or damage not exceedmg the amount stated in Schedule A, together with cOSts, attorneys' fees and expenses whlCh the Company may become obltgated to pay as provlded tn the COndttlons and Stlpula[Ions hereof, whICh the Insured shall sustain by reason of Any defect 10 or !Jen or encumbrance on [he title to the estate or Interest covered hereby 10 the land descnbed or referred to 10 Schedule C eXIsttng at the date hereof, not shown or refl'rred to 10 Schedule B or excluded from covera8e 10 Schedule B or 10 the Condmons and Stlpulatlons, m 2 Unmarketablltty of such title, or Any defect In the executIOn of any mortgage shown 10 Schedule B secunng an IOdebtedness, the owner of which IS named as an Insured 10 Schedule A, but only IOsofar as such defect affects the iten or charge of saId mortgage upon (he estate or Interest referred to 10 thiS policy, or 4 Pnonty over said mortgage, at the date hereof, of any ben or encumbrance not shown or referred to 10 Schedule B, or excluded from coverage In the CondItIOns ;Ind StipulatIOns, said mortgagE hemg shown In Schedule B In the order of ItS pnonty, aU subject, hOW~lJ~Th'l~"))~~;Siq~ of Schedules A, Band C and to the CondltlOns and StlpulatlOos hereto annex!,.4~ ~CE ANO 1"R(; \\\~ ~ ~~ 000000000 05'..11, --- '" oo..~ IS PRO 00 r 'I! ;;: C, OO~Of" l: 11: 1""".0 r') j / ~ 00(<,. ~.J;>;1JtlEJI!l~lJ7/~ne.ssd.V'hereof! Title Insurance and Trust Company has caused its ~'O~O-~ jh./;!.:t<'O..c''''d d d :? '-. 0 ~ q. cq,rp-orate;name.an seal to be hereunto affIxed by Its uly authoClze offlCer~ % ... o!~' '>"7 ""d-' 0 .... f' d ~ -J 0 ,,-' "--~~.:r-' on the ate\shownllll Sche ule A, ~ 0-- - -0....., ...-......c::,.L.U.O Y '>1 % !:: 0':.~4~'..-:,,:,Lt\ g 2: % ~ \-,0 /, i<[/'~~ tv 0 - ~ rJ o' ~ 1h .h',. ,",'- 7-- 'r, 'I.. 0 A '.~'<,.~ '<i.~:t-"'U.i,,' f "':; ~ ~ {l oo-S-'" ' :' {i;'.:j,0'if"'" ","'00 >< 11 I, /o-!' ,. 't-~OL, j::' 'I '0 oo~r" TE IS <;\)000 ,".:: 11\ 05'.., 00000000 C,?-V ~ ~\\\ IVGELES, ~-= \\\\,\",~~- Title Insurance and Trust Company by ~~~~NT Allest 0W lif-~ SECRETARY CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The followIng terms when used 10 thIs policy mean (a) "land" the land desCrIbed, specifIc- ally or by n.-ference, In Schedule C and Improvements affixed thereto which by law constitute real property, (b) "publIC records" those records whIch Impart constructive notICe of matters relahng to said land, (e) "knowledge" actual knowledge, not constructive knowledge or notice which may be Imputed to the Insured by reason of any public records, (d) "date" the effective dare, (e) "mortgage" mortgage, deed of trust, trust deed, or other .!iecunty lOstrument, and (f) "Insured" the party or partles named as Insured, and If the owner of the m- debeedoes.'; secured by a mortgage shown m Schedule B IS named as. an Insured In Schedule A. (he Insured shall mclude (1) each successor In intereSt In ownership of such IOdebtedness, (2) any such owner who acquIres the estate or mterest referred to m thIS poilcy by foreclosure, trustee's sale, or other legal manner m satisfactIOn of saId mdebtedness, and (3) any federal agency or mstrumentahty whICh IS an In. surer or guarantor under an msurance con- tract or guaranty insuring or guaranteemg saId mdebtedness, or any part thereof. whether named as an msured herelO or not, subject otherWIse to the proVISIOns hereof 2 BENEFITS AFTER ACQUISITION OF TITLE If an msured owner of the tndebtedness se<ured by a mortgage deswbed 10 Sched- ule B acqUIres saId estate or tnterest, or any part thereof, by foreclosure, trustee's sale, or other legal manner m satIsfactIOn of saId mdebtedness, or any part thereof, or If a federal agency or mstrumenraJlty acqUIres saId estate or IC'Herest, or any part thereof, as a consequente of an msurance contract or guaranty IfL'il.l.nng or guarantee- mg the tndebtedness seetHed by a mortgage covered by thiS policy, Or any part thereof, thIS poilcy shall contmue 10 force 10 favor of such Insured, agency or mstrumentaltty, subject to aU of the conditIOns and stlpula. tlOns hereof. 3 EXCLUSIONS FROM THE COVERAGE OF THIS POLICY ThIS poilcy does not IOsure agatnst loss or damage by reasons of the followmg (a) Any law, ordmance or governmental fl'gulatlOn (tncludlng but not hmIted to bUlldmg and zomng ordmdnces) restnctlng or regulatmg or prohIbiting the occupancy, use or enJoyment of the land, or regulating the character, dlmenslOhs or locatIOn of .lny Improvement now or' hereafter erecred on 'iald land, or prohlbltmg a separatIOn 10 ownershIp or a reductIOn In the dImenSIOns or area of any lot or parcel of land (b) Governmental nghts of police power or emment domain unless notlce of the l'XerCi'ie of such nghts appears m the public rctords at the date hereof (c) Title to any ptoperty beyond rhe hnes of the land eXpl:"essly descnbed m Schedule C, or utle to 'irreets, roads, ave- nues, lanes, ways or Waterways on whIch such land abur'i or the fight to malOr:Jm therem vaults, tunnels, rnmp~ or any mher structure or Improvement, 01 any lights or easements rherem unless thIS policy speCIfIC- ally provIdes that 'iuch propelty, nghts or easements are msured, except that If the land abuts upon onc or more phYSIcally open street'i or hlgh\\ays thI'i poltcy IOsures the ordlOary fights of abu((tn~ owners for access to one of slllh 'itreets or hl~hway'i, unless otherv/lse excepted or excluded herem (d) Defects, bens, encumblances, ad\er'ie claims agalOst the tItle as iOsured or other matters (I) created, 'iuffered, assumed or agreed to by the Insured c1almlOg loss or damage, or (2) known to the Insured Claimant eIther at the date of thIS poltcy or at the date such Insured Claimant ac- qUlred an estate or iOterest lO'iured by thl'i polICY and not shown by the pubilc records unless dlsclo\ure thereof In wrltm~ by the Insured shall have been made to the Com- pany pnor to the date of thiS policy, or (3) resultmg 10 no loss to the In'iured ClaIm- ant, or (4.) attaching or created subsequent to the date hereof (e) Loss or damage whIch would nor 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, ar ItS own cost and WIthout undue delay shall proVIde (I) for rhe defense of the Insured In a1l litigatIOn Consisting of actions or proceedlOgs com- menced agalOst the Insured, or defen'ies, restralOing orders, or to/unctIOns interposed agamst a foreclosure or sale of the mort- gage and IOdebtedness covered by thIS policy or a sale of the estare or Interest 10 saId land, or (2) for such actIOn as may be appropnate to establish the title of the estate or Interest or the !ten of the mort- gage as msured, whIch IrtIgatlOn or actIOn III any of such events IS founded upon an alleged defect, lIen or encumbrance 10- sured agalOst by thiS pohcy, and may PUl- sue any litigatIOn to flOal determmatlOn 10 the court of last resort (b) In ca!'ie any such actIOn or proceed- 109 shall be begun, or defen'ie IOterposed, or 10 case knowledge shall come to [he In- sured of any claIm of tule or IOterest which IS adverse to the rltle uf the estate or lO- terest or hen of the mortgage as IOsured, or which ought cause loss or damage for whICh the Company shall or may be liable by virtue of thiS polity, or If the Insured shall 10 good faith contract tu sell the lO~ debtedness secured br a mortgage covered by thIS pohcy, or, I J.n Insured 10 good faIth leases ur cuntra([~ to sell, lease or mortgage rhe same, or If the \uccessful bIdder at a foreclosure sale under a mort- gage covered by thIS policy refuses to pur- chase and In any such event the wle to said estate or IOterest IS rejected as un- marketable, the Insured shall notIfy the Company thereof III wf1tmg If such notlce shall not be given to the Company WlthlO ten days of the receipt of process or plead- lOgs or If the Insured shJ.ll not, 10 Wf1tlOg, promptly nOllfy the Company of any de- fen, hen or encumbrance IOsured agalOsr whIch shall come to the knowledge of the Insured, or If tbe Insured shall not, 10 wf1tmg, promptly notdy the Company of aoy 'iUch re)ectlOn by rea 'ion of claImed un- marketabdny of title, then all l1abliJty of the Company 10 regard to the subject matter uf ~uch aC(Jon, proceed 109 or matter 'ihall cease and termlOate, prOVided, however. that fadure to notify shall 10 no case prejudIce the claIm of any Insured unles'i the Company shall be actually prejudICed by SUlh fadure and then only t() the extent of such preJudice. (c) The Company shall have the nght at HS own cost to IOsotute and prosecute any actIOn or proceedlOg or do any other act whIch m ItS oplOlon may be necessary or deSirable to establish the title of the estate or Interest or the hen of the mort- gage as Insured, and the Company may take any appropnate actIOn under the terms of thiS policy whether or not It shall be liable thereunder and shall not thereby concede liabilIty or waive any provISIon of thiS polLcy (d) In all cases where thiS polIcy per- mIts or reqUires the Company to prosecute or prOVide for the defense of any actIOn or proceed 109, the InsUled shall secure to It the nghr to 'iO prosecute or prOVIde de- fense 10 such altlon or proceed 109, and all appeals theretn, and permIt It to use, at It~ optIOn, the name of rhe Insured for such purpose Whenever requested by the Com- pany the Insured shall gIve the Company aU reasonable aid In any such actiOn or proceedmg, 10 effectmg 'iettlement, secunng eVidence, obtamlOg WItnesses, or prosecu- tlOg or defend 109 such actIOn or proceed- 109, and the Company 'ihall reImburse the Insured for any expense so IOcurred S NOTICE OF LOSS - L1MITATlON OF ACTION In addHlon to the notICes reqUIred under paragraph 4{b), a sratement In wntmg of any loss or damage -for whIch It IS cl,umed the Company IS lIable under thiS policy shall be furnIshed to the Company WlthlO SIxty days after such loss or damage shall have been determIned and no nght of actIOn shall accrue to the Insured under thiS policy untJ! thirty days after such statement shall have been furOlshed, and no recovery shall be had by the Insured under this policy unless actIOn shall be commenced thereon wlthm five year'i after expIratIOn of said thIrty dar penod Failure to furmsh such statement 0 loss or damage, or to COmmence such actlon WIthIn thL time herembefore specified, shall be a con- clu'ilve bar a~alOst malOtenance by the In. sured of any action under thiS policy 6 OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall h.lVe the option to payor settle or compromIse for or In the name of the Insured any claIm IOsured agaInst or to pay the full amount of thl' pohcy, or, 10 case loss IS claimed under thl'i policy by the owner of the mdebtedne'i~ secured by a mortgage coveH:d by thl~ pohcy, the Company shall have the optIOn to purchase saId mdebtednes.., such pur- ch;:;.se, payment or render of payment of (CondItIons and StipulatIons Continued and Concluded on Lost Page of ThiS Policy) mc TO 1012-1 AB C Cahforn'o land Title Auodotlon StandQrd Coverage Poltcy-1963 SCHEDULE A PremIUm $ Amount $ 2,000.00 Effective Date February 23, 1968 at 8:00 a.m, Pohcy No 6739704 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 mun-icipal 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 'Ibis policy does not insure against loss or damage by reason ~f the following: PART I 1. Taxes or assessments which are not shown as existing hens by the records of any taxIng authority that leVies taxes or assessments on real property or by the publIc records 2, Any facts, rights, interests, or claIms whIch ere not shown by the publIc records but which could be ascertained by an inspectlon of SaId land or by malong InqUiry of persons In posseSSIOn thereof 3. Easements, claims of easement or encllmbrances which at e not shown by the publIc records +. Discrepancies, conflIcts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey wall1d disclose, and which arc not shown by the pubhc records 5. Unpstented mimng claims, reservatIOns or exceptions In patents or In Acts authonzmg the issuance thereof. water nghts, claWls or title to water, v.w. 10 1&12-18 Cont. C CalifornIa land Title Auoclatlon Standard Coyerage Pollc;y-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 : $189,97 parcel No, 5~85-15-1 2. An action in the Commenced Entitled Superior Court. February 9, 1968 City of, Arcadia, a municipal corporation vs, Britta L, Albert, et al. 926351, Superior Court, Los Angeles County for public street purP9ses ' parcels 40 and 41 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, as instrument No. 3426 TO l012-1-I056-IC C Amcrlcon Lond Tltl. AssoCiation Loon PolIcy Additional Coverogc-J962 0' California Land TJtl& ASSOciatiOn Standard Coverag& POIICY- 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 lot 1 of Tract No. 4467, in the city of Arcadia, county of Los Angeles, state of California, as per map recorded in book 53 page 10 of Maps, in the office of the ,county recorder of said county included within the following described lines: Beginning at the southwest corner of said lot; thence easterly along the southerly line of said lot to the bep,inning of a curve; concave northeasterly having a radius of 15.00 lfeet, said curve being tangent norther~y to the easterly line of the westerly 22.00 feet of said lot; thence northwesterly along said curve to said easterly line; thence northerly along said easterly line a ctistance of 50,00 feet; thence northerly in a direct line to the point of intersection of the easterly line of the westerly 17,00 feet of said lot with a line drawn at right angles through a point in the easterly line of said westerly 22,00 feet of said lot and distant northerly along said line 175.00 feet from the northerly terminus of said curve; thence northerly along the easterly line of said westerly 17.00 feet to the southerly line of lot 27 of Tract No, 8475, as per map recorded in book 114 page 100 of said maps; thence westerly along said southerly line to the westerly line of said lot; thence southerly along said westerly line to the point of beginning. EXCEPT THEREFROM that portion included within the south 140.00 feet measured at right angles from the south line of said lot. . r'"' . ~ ! I 'r I 'f I . I , I " . . " ,1. ' , , 'I'" ;1 , " "I ::1' ... fl ~ ji i r !.~N /,;) V"t I< 'J ~ "1 tit: J. ii I' "' Jr' ,,'I 1 I t"'j ~ ' 11 ilJ'" f II " , , ~ f. " I. " r~?1' ,:'" , ','." rl , 1<, , "t' '::.> 0/, .r'j ~ '11," !:;;--/ . ,';;")"i\.;~';~::; ~ ~ : - J ,{ '7"' fll~:. '-r-' ,,_ ,/~: __ 75!:i7~~: ~I~d? 57 ~ 1fT _..1--1 "'::'11--~ I !,~V;~'''l I " " ,":.. C",':. I ;.,'. I ~ \ ~ c,.": , ,? L -', ..J'~. I ,:r~):~"~';'~'~b - :.. ~.;;;Y~J, ~I .. PI\ ',", ,";> .,' ~ "1-.,,' "'. "I L ,~ '.. ., .. J I L..::~ '., "0,, , . ," ~ \\ ~ I ~... , I. "J.'" ~ 'I' .... -...... I ~ ,!l\ 22rt iii I . I ~'\.jl I -'.I- '~::':f~ "t,rr. /~~ ~.;;(,~- ~22~-9~ ~" ~~:" ~ ;~,.()~ ~. ..~; , !'{fA~!i{; \ Lt::JN.G&I." ~ ;', 4VE, ~'t'!r ~1;; :7l:\ ~" ,~ "I,i.j l ~\I\ ~t!\ '<i. , ~""~ 'n.'t~"IoI" ',"''''- ~~'rJ:j~~ .,' PORTION OF LOr 1 OF TnACT NO. 4467 " \ ,I, , . . . ".. ,~, '. ./ ~~.." " .0' I , . :,," '. .' ,. @ , , " " / / , This is not 8 survey of the lend but is compiled for informetion, by the Title Insurence end Trust Compeny from dete shown by the officiel records, CONDITIONS AND STIPULATIONS <Contmued and Concluded From Reverse Side of Policy Face) the full amount of this policy, to~ether \\ lth all (O~tS, attorneys' fee~ and expen~es \\ 11Ich the Company IS obligated hereunder [n pay, shall termmate all liability of the Company hereunder In the event, after notICe of claim has been gIven to the Com- p.my by the Insured, the Comp,my offer~ to purcha~e s;lld mdebtedne~~, the owner of ~uch Indebtedness shall transfer and ,tsslgn ~.\ld mdebtedness and the mortga~e ~ecunng the same to the Company upon payment of the purchase pnce 7 PAYMENT OF LOSS (a) The lIabllny of the Company under tlH~ policy shall m no case exceed, 10 all, the actual loss of the Insured and oms and .\tmmeys' fees which the Company may be obligated hereunder to pay (b) The Company will pay, m additIOn to any lo~s Insured agalOst by thl~ policy, .III co~[s Imposed upon the Insured m lItl- Ration carned on by the Company for the In~ured, and all costs and attorney~' fees LO Iitlgatlon earned on by the Insured With [he wntten authoflzdtlOn of the Company (c) No claim for damages shall aflSe or be mamtamable under this polICY (1) If the Company, after having received nollce of an alleged defect, lien or encumbrance not excepted or excluded herem removes ::ouch defect, ben or encumbrance Within a reasonable time after receipt of ~uch nohce or (2) for liabIlIty voluntanly a~~umed by the Insured In settling any claUll or SUit without wntten consent of the Company, or (3) In the event the wle I~ rejected as unmarketable because of a defect, hen or encumbrance not excepted or excluded In thiS pohcy, unnl there has been a fmal determination by a court of competent Juns- dictIOn sustamlOg such relecllon (d) All payments under thIS policy, ex- cept payments made for coStS a[lOrneys' fees and expenses, ~hall ~duce the amount of the Insurance pro tanto and no payment shall be made Without producmg tIllS policy for endorsement of ~uch payment unless the poltcy be Imt or destroyed, In which c.lse proof of such los~ or de~tructlOn ~hal1 be furnished to the ~atl~fa([[on of thl: Com- pJ.ny, proVided, however, If the owner of an mdebtednes~ ~e(ured by a mortgage shown 10 Schedule B IS an 1n~ured hereIn then such pavment~ sh,dl not reduce pro tanto the amount of the m~ur.lOce afforded hereunder a~ to such Insured, eAcept to the extent thar ~uch payment~ reduce tht" amount of the mdebtedne~s ~ecured by such mOf{' gage Payment 10 full by any person or voluntarr satlsfactlon or release by the 10- sUled 0 a mortgage covered by thiS poilcy ~hall terminate all liability of [he Company to the IOsured owner of the mdebtedness secured by such mortgage, except as pro- vided In paragraph 2 hereof (e) When ilabillty has been definitely fIxed In accordance with [he condJtlon~ of thiS poilcy the loss or damage shall be pay- able wllhlO th1fty days thereafter 8 LIABILITY NONCUMULATIVE It IS expre~<;ly understood that the amount of thl~ polICY IS reduced by any amount the Company may pay under any policy IOsuflng the validIty or pflonty of any mortgage shown or referred to 10 Schedule B hereof or any mortgage here. after executed by the Insured which IS a charge or lien on [he estate or Interest descflbed or referred to 10 Schedule A. and the amount so paId shall be deemed a pay- ment to [he Insured under thl~ policy The prOVISions of thIS paragraph numbered 8 shall not apply to an lmured owner of an IOdeb[ednes~ secured by a mortgage shown 10 Schedule B unle~~ mch Insured acqUIres utle to said estate or mtere'it In satIsfactIOn of said IOdebtedness or any part thereof 9 SUBROGATION UPON PAYMENT OR SETILEMENT Whenever the Company shall have settled a claim under thl~ po!:cy, all fight of sub- rogatJon shall vest 10 the Company un- affected by any act of the Insured, and It ~hall be subrogated to and be entitled to all nghts and remedIes whICh the Insured would have had agalOSt any person or prop. erty 10 respect to ~uch claim had thiS policy not been Issued If the payment does not cover the lms of the Insured, the Company shall be ~ubrogat('d to such fights and remedies 10 the proportlOn whICh said pay- ment bears to the amount of saId loss If @ l(h~ should remit from any aCt of the In- sured, ~uch .ICt shall not VOid till' policy, but the Comp.lOY, In that e\ent, shall be lequ1fed to PdY nnly that part of any losse~ Insured .H~alO~t heleunder whICh ~hJ.ll e},- ceed the '.lInount, If any, lost {() the Com- pany by reason of the Impalfmenr of the nght of mbrog.\tlOn The Insured, If re- quested by the Company, ~h,tll transfer to the Company all fights and remedies agamst any person or property nCt.essary 10 urdu to pufect such fight of ~ubrogatlOn, and shall permit the Company {() use the name of the Insured In any tran~ac(Jon or Ittlgatlon lOvolvlOg such fights or remedIes If the Insured IS the o\\ner of the In. debtedne~s secured by a mortgage covered by thIS pohcy, such Insured may release or subslltute the personal Iiabdlty of any debtor or guarantor, or extend 01 ()[herWI~e modify the terms of payment, or relea~e a portHlO of the e~tate or IOterest from the lien of the mortgage, or rele,\se ,tny col- lateral ~ecuflty for the IOdebtednes~, pro- \ lded ~uch act does not result 10 any loss of pnOfllY of the hen of the mortgage 10 POLICY ENTIRE CONTRACT Any aCtIOn or actIOns or fights of action that the Insured may have or may bnng agalOst the Company anslOg out of [he status of the hen of the moltgage covered by thl~ policy or the wle of the e~tJ.[e or Interest In~ured herem must be based on the prOVlSlom of thiS POliCY No pr()VI~JOn or condItIOn of thl~ policy (an be waived or changed except by WfltlO~ endor~ed hereon or attached hereto Signed by the PreSident, a Vice PreSident, tht Secretary, an ASSIstant Secre1:ary or other \ J.l1datmg officer of the Company 11 NOTICES, WHERE SENT All notICes reqUIred to be given [he Com. pany and any statement In WfltlO~ reqUired to be furnished the Company shall be ad. dressed to H at the office which l<;sueJ thl~ policy or to 1lS Home Office 433 South Spl1ng Street, Lo'i ^ngele~ 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 "'OUNOEO 'N UH'3 , '" . "-,"'~'.' -,....... j POLICY OF TITLE .INSURANCE Oltenng complete title serVlces throughout the state of Callforma wlth Just one local call Complete tLtle serVlces also avatlable In the states of Alaska, Nevada, Oregon and Washrngton through Subsldwry CompanLPs Title Insurance and Trust Company 433 South Spring Street Lo, Angele" California 90054