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HomeMy WebLinkAbout; |Roesch|Ronald L and Mary K|; 183444; Easement136 f-f7^>~?UG GRANT OF RIGHT OF WAY ._..RO_NALILL_,_..ROESC_.^ .... , as Grantor, for and in consideration of the sum of One Dollar and other valuable consideration paid by_^BLS£AD___JMMI.C_IPAL_.HA^ __.S.istrict. .organized and .existing __.aj3. amended, as Grantee, receipt whereof is hereby acknowledged, do hereby grant to said CARLSBAD MUNICIPAL WATER DISTRICT•^ggr (T.LTrr.- its successors and assigns, an easement of right of way.—.3.Q..-QQ-—...feet in width in, upon, over, under, and across the lands hereinafter described, to erect, construct, reconstruct replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures And appurtenances including but not limited to conduits and cables for power transmission and communication purposes, at such locations and elevations, upon, along, over and under ;: -"- H the hereinafter described right of way as Grantee may now or hereafter deem convenient and necessary from tim£ to time, together with the right of ingress thereto and egress therefron}, to and along said right of way by a practical route Or ibutes in, upon, over and across the hereinafter described lands, together with the' right to clear and keep clear said right o£ way from explosives, buildings and structures. " i The lands in which said easement of right of way is hereby granted are situated in the County of __San-_Bie£Qu._ , State of California, and are particularly described as follows,'to wit: : i - i ! Lots 2, J> and 4 in Section 22, Toilnship 12 South, Range 4sWest, San Befrnar- dino Meridian, in the County of San Diego, State of California, EXCEPTING THEREFROM those portions thereof lying North of the South boundary line of the Rancho Agua Hedionda, as said South line was established May 5, 1913, by Decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hillman. RECORDED REQUEST OF Blllffl ME MSEIMtf & OCT 23 9:00 AM'61 SERIES 2 BOOK 1961 OFFICIAL RECORDS SAN DIEGO COUNTY, CALIF. A. S. GRAY, RECORDER 137 The center line of said easement of right of way in the aforesaid lands is particularly described as follows: Beeinnine at a noint on said South boundary line of the Rancho Aeua Hedionda 137 The center line of said easement of right of way in the aforesaid lands is particularly described as follows: Beginning at a point on said South boundary line of the Rancho Agua Hedionda distant thereon West 1J4.64 feeit from' the North Quarter closing corner of said Section 22, Township 12 SCJWtfr,"Range '4,West; thence from -'said po^nt' South 08*;3^'55 East 1324.94 feet. Grantor and .tilS.lC....successors in estate shall not erect or construct, or permit to be erected or constructed, any building or other structure, plant any tree or trees, or drill any well or wells, within the limits of said right of way. Grantee shall have the right to erect, maintain and use gates in ^all fences which now cross or shall hereafter cross said route or routes, and to trim and cut a*nd tlear alkay any trees and brush whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights hereby granted, the right to transfer and a^ptJuW^ifc serpent in whole or in part being hereby granted to the Grantee. Grantor agrees that no other easement or easements shall be granted on, under or over said strip of land by Grantor, without the previous written consent of Grantee. It is also understood and agreed by the parties hereto that the Gran tor •and..th.e.ir...successors or assigns, shall not increase or decrease, or permit to be increased or decreased, the existing ground elevations of the above described right of way, existing at the time this document is executed, without the previous written consent of the Grantee. 3)tt Witness Whereof, the Grantor..$..M:?'e..'.l:;;executed 'these presents this....../.2......day of /?!#./. , 19&./.... Executed in itness.a Typed -3r-28-.Sl... ; R/W NO. l?UW-22-7??76^ DRAWN BY_ CHECKED B RF.WO JTS ¥(fifilf ^ s^U?NOTARIES—USE PROPER FORM ON BACK. R/W-Grant-Form Bl 01 -Revised August 1959 WITNESS FORM HOXVBIE3—H3E bUObEK fcOBM OM BVCJT I BE/AC) ~^yfA ~ STATE OF CALIFORNIA, ) County of San Diego. I On this l?Jh......day of ....Max A. D., 19..J..1 before me, _Ann E. _Danes _ a Notary Public in and -for the said County and State, residing therein, duly commissioned and sworn, personally appeared _ _ .•!^y.4-.?....-!:?.95i.?l _ known to me to be the person whose note...-— subscribed to the within instrument, as a Witness thereto, who being by me duly sworn, depose?. and say.? : That he _...reside.§ in Carlsbad,....California and that _ he ... was _present and saw..R..onald .L...Roesi ch .and Maj^-^ Ka.thryn Roes ch personally known to k.-k??J to be the same person.S. whose namfe t$J£&. subscribed to the within and annexed Instrument, execute and deliver the same, and. I.hey. acknowledged to said affiant that ...y....he..Y...executed the same; and that said affiant subscribed h..ijS.name thereto as a Witness. . • • « ••••,, rue Jilt HJitlteSS Wltcrcof, I have hereunto set my hand and affixed my official seal the day and year in this certificate firtt above written. "U °} .; •:)C] gSieeq pi fpe fasrifie'c pciero jpgj EA3(.K. : , i Notar/Public in and for sajcf'County and State. Ann E. Danes > ''^ ' . •- •'•'<'•, :'->. *',. • , \-::, \ •• 1'Ms is to certify tnat tt. e interest In real property conveyed from the deed of grant dated __ May 17, 196^1 Jfrom J?£!!l:^^ Joint tenants To CA&L.3JBAi> MtiMKWAL-*'/Pr *-Mtmielp»l Wat«r • • • ,;l !•;:•, .;., • and existiag undeir tiv» .Manici^ai Water ittatriot Act of iSll, as amended, ia iiereby a«e^pied by orsler ol tiie is oar4 of directors of , . CAIiLSBA^ MUNICIPAL WAtXR OEST'JEUCT ON SejrtemTber 8, Ig6l and the grantee consents to recordation thereof b.y ito duly aiittori*4Sd offtce»i*te".""" i: September 8, 1961 CARLSBAD MLHICIPAjL vVATEK DISTRICT yO *^ * By ^IbL^L**- CORPORATION FORM Secretary of the Carlsbad Iv, onicipal Water District and of the Board of Directors; .(SEA }_}••-. - thereof, :.d«y:.--' .- , 19. . or the said County ami Sun, midiiig therei*, *»hr commission--.! and sworn, personally appeared. . ... .known to me to be the * *n to me to be the Secretary .-...President Of f\M?..,, the Corpora-ion r .•*• flWHiUed the within hHMV . ..•c ^orjn>. such Corporation executed the same. nown to me to be the peroons who executed erein named, and acknowledged to me that . Jilt Witness Hftfyexeaf, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.; ,,01, fjjs HETiJGpo niq ot ID PubHc ln and for said County and State' 1254 , 5-6!O'CALIFORNIA LAND TJJ»<AS50CIATION STANDARD COVERAGE POLICY FORM COPYRIGHT UNION INSURANCE SAN DIEGO 12. CALIFORNIA AND Title Insurance and Trust Company LOS ANGELES 54. CALIFORNIA (HEREIN CALLED THE COMPANIES) FOR A VALUABLE CONSIDERATION, PAID FOR THIS Policy of Title Insurance THE NUMBER, EFFECTIVE DATE, AND AMOUNT OF WHICH ARE SHOWN IN SCHEDULE A, hereby insure the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or, if a corporation, its successors by dissolution, merger, or consolidation, against loss or damage not exceed- ing the amount stated in Schedule A, together with costs, attorneys' fees, and expenses which the Companies may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 1. Unmarketability of such title; or 3. Any defect in the execution of any Mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said Mortgage upon the estate or interest referred to in this Policy; or 4. Priority over said Mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said Mortgage being shown in Schedule B in the order of its priority; all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A, B, and C, are hereby made a part of this Policy. IN WITNESS WHEREOF, each of the Companies has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. TITLE INSURANCE AND TRUST COMPANY Attest ERNEST'! LOEBBECKE, President UNION TITLE INSURANCE COMPANY By Attest Secretary. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM COPYRIGHT 1961 ecb-easemi 1267 ' 4-60 • ^-^ (CLTA STANDARD COVERAGE FORM-COPYRIGHT SCHEDULE A Amounts 2,500.00 Fee $ ^7.00 Policy No. 722?63 Effective Date October 23, 196^ 9:00 A. M> INSURED Carlsbad Municipal Water District 1. Title to the estate or interest covered by this Policy at the date hereof is vested in Carlsbad Municipal Water District 1. The estate or interest in the land described or referred to in Schedule C covered by this Policy is an easement of right of way 20.00 feet in width to erect, construct, reconstruct, replace, repair, maintain and use a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes, as conveyed, to the Vestee herein by deed recorded October 23, 1961. SCHEDULE B This Policy does not insure against loss or damage by reason of the following: PARTI 1. Taxes or assessments which are not shown as existing liens 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 are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement, or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. I. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. UNION TITLE J^J^Hf INSURANCE COMPANY 2 PART II ecb-easement 722763-3 C ICLTA STANDARD COVERAGE FORM-COPYRIGHT 1960) SCHEDULE B-Continued 1. County taxes for the fiscal year 1961-62, including any special district levies, now a lien, payable in November. 2. The rights of the public to use that portion of said land lying within the boundaries of a County Road as revealed by Maps in the County Assessor's Office. 3. Said land is also shown on Record of Survey Map No. 58^f filed April 29, 1937 in the Office of the County Recorder of San Diego County. *+. An easement for a line of poles and wires for the transmission and distribution of electricity and in- cidental purposes, as granted to San Diego Gas & Electric Company by Deed recorded July 21, 195^ in Book 5307 page 311 of Official Records, and as con- tained in Deed recorded August 10, 195^ in Book 5327 page 222 of Official Records. The center line of said 100 foot easement of right of way in the aforesaid lands, is particularly described as follows: Beginning at a point on the Southerly line of Rancho Agua Hedionda, as shown on the Partition Map thereof No. 823 filed in the Office of the County Recorder of San Diego County, which point is 2612.S1!- feet Westerly from the intersection of the Easterly line of said Section 22, with the- Southerly line of said Rancho Agua Hedionda; thence from said point of beginning South 4-3° 08' 53" East, a distance of 3398.3^ feet to a point on the Southerly line of said Section 22, distant thereon 287.66 feet Westerly from the South- east corner of Section 22. The side lines of the above described right of way shall be lengthened and/or shortened, so as to terminate said lines in the boundaries of the above described property. UNION TITLE INSURANCE COMPANY PART II ecb-easement 1H> 722763-^ " (CLTA STANDARD COVERAGE FORM-COPYRIGHT 1960) SCHEDULE B-Continued Said Deed recites: "Grantor covenants for himself, his successors and assigns, not to place or maintain any building or structure on said easement." An easement for a line of poles and wires for the transmission and distribution of electricity and in- cidental purposes, as granted to San Diego Gas 6c Electric Company by Deed recorded February 27, 1957 in Book 6^73 page M-t-1 of Official Records. Said 150 foot wide easement over said Lot ^ is more particularly described as: The Southwesterly line of said right of way shall be parallel with and 50 feet Southwesterly, measured at right angles and the Northeasterly line of said right of way shall be parallel with and 100 feet Northeast- erly, measured at right angles with the following described line: Beginning at a point on the South line of said Section 22, distant thereon 1619.13 feet Easterly from the Southwest corner of said Section 22; thence North ^8° ^8' 09" West, a distance of 131t8.01 feet; thence North 28° 51' 09" West, a distance of l65l._3^ feet to a point on the Southerly line of Rancho Agua Hedionda, accord- ing to the Partition Map thereof No. 823 filed in the Office of the County Recorder of San Diego County, distant thereon 3*+27 • ^0 feet from the Southwest corner (also known as corner No. 13) of Lot "G" of said Rancho Agua Hedionda. The side lines of the above described right of way shall be lengthened and/or shortened so as to terminate said lines in the boundaries of the above described property. Said Deed recites: "Grantor covenants for himself, his successors and assigns, not to place or maintain any building or structure on said easement." UNION TITLE INSURANCE COMPANY if PART II ecb-easement 722763-5 (CLTA STANDARD COVERAGE FORM—COPYRIGHT 1960) SCHEDULE B-Continued An easement for a line of poles and wires for the transmission and distribution of electricity and incidental purposes, as granted to San Diego Gas 6c Electric Company, by Deed recorded August 21, 1958 in Book 7222 page 595 of Official Records. The route of said line of poles and wires across said Lots 2 and 3 is more particularly described as follows: Within that certain 12 foot strip of land, being 6 feet measured at right angles on each side of the following described center line: Beginning at a point on the Northerly line of said Fractional Section 22, distant thereon South 89° 58' 13" West, 281+5«38 feet from the Northeast corner thereof; thence from said point of beginning South 8° 37' 32" East, 1293-58 feet. A Deed of Trust dated August 30, I960 executed by Ronald L. Roesch and Mary Kathryn Roesch, husband and wife, to The First National Trust and Savings Bank of San Diego, Trustee, to secure an indebtedness of $161,115.76 in favor of Gordon D. Olton, Executor of the Estate of Emilia L. Alvarez, Deceased, Escolistica Fortillo, a married woman, Julius R. Alvarez, a married man and Severo R. Alvarez, a married man, each as to an undivided one-fourth interest; and any other amounts payable under the terms thereof, recorded January 12, 1961 as Instrument Wo. 6007. A Deed of Trust dated August 30, I960 executed by Ronald L. Roesch and Mary Kathryn Roesch, husband and wife, to The First National Trust and Savings Bank of San Diego, a national banking association, Trustee, to secure an indebtedness of $12,76^.2k in favor of Lido Realty, Inc., a California corporation, and any other amounts payable under the terms thereof, recorded January 16, 1961 under Recorder's File No. 826^. The beneficial interest under said Deed of Trust was assigned to Burton Shamsky, as to an undivided kdf0 in- terest, by assignment acknowledged December 21, I960 and recorded January 16, 1961 under Recorder's File No. 8265. UNION TITLE INSURANCE COMPANY 5 ecb-easemeM, 722?63-6 ,25s 3-60 • [AT* ADDITIONAL COVERAGE FORM) (CLTA EXTENDED COVERAGE OR STANDARD COVERAGE— 1960) SCHEDULE C The land referred to in this policy is described as follows: That portion of Lots 2, 3 and k- in Section 22, Township 12 South, Range k- West, San Bernardino Meridian, in the County of San Diego, State of California, EXCEPTING THERE- FROM those portions thereof lying North of the South boundary line of the Rancho Agua Hedionda, as said South line was established May 5S 1913s by Decree of the Superior Court of the State of California, in and for San Diego County, in that certain action (No. 16830) entitled Kelly Investment Company, a corporation, vs. Clarence Dayton Hillman and Bessie Olive Hillman, described as follows: Beginning at a point on said South boundary line of the Rancho Agua Hedionda, distant thereon West 131+.6ir feet from the North Quarter closing corner of said Section 22, Township 12 South, Range k West; thence from said point South 08° 3^-' 35" East 132^.9^ feet. UNION TITLE EBM.H. INSURANCE COMPANY 6 California Land Title Association Standard Coverage Policy Form — Copyright 1960 CONDITIONS AND STIPULATIONS [Includes those in the American Title Association Owner's-Additional Coverage Policy) 1. DEFINITION OF TERMS The following terms when used in this Policy mean: (a) "land": the land described, specifically or by reference, in Schedule C, and improvements affixed thereto which by law constitute real property; (b) "public records": those records which im- part constructive notice of matters relating to said land;(c) "knowledge": actual knowledge, not con- structive knowledge or notice which may be imputed to the Insured by reason of any public records; (d) "date": the effective date; and (e) "the Insured": if a named Insured is the owner of the indebtedness secured by a Mortgage or Deed of Trust shown in Schedule B, then, in addition to the parties named as Insured or referred to as"the Insured" herein, "the Insured" shall include(1) each successor in ownership of such indebted-ness, (2) any such owner or successor in ownership of any such indebtedness who acquires the land de- scribed in Schedule C or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, and 131 any governmental agency or instrumentality acquiring said land under an insur- ance contract or guarantee insuring or guaranteeing said indebtedness or any part thereof. 2. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This Policy does not insure against loss or damage by reason of the following:(a) Any law, ordinance, or governmental regula- tion (including but not limited to building and zon- ing ordinances) restricting, regulating or prohibiting the occupancy, use or enjoyment of the land, or thecharacter, dimensions or location of any improvement now or hereafter erected on said land, or prohibiting a reduction in the dimensions, area or separation in ownership, of any lot or parcel of land.(b) Governmental right of police power or emi- nent domain, unless notice of judicial action to exer- cise such rights appears in the public records at the date hereof.(c) Title to any property beyond the lines of the premises expressly described in Schedule C, or title to streets, roads, avenues, lanes, or ways on which such premises abut, or the right to maintaintherein vaults, tunnels, ramps, or any other struc- ture or improvement, or any rights or easements therein, unless this Policy specifically provides thatsuch property, rights or easements are insured, ex- cept that if the premises abut upon a physically open street or highway this Policy insures the ordinary rights of abutting owners for access thereto unlessrestricted by governmental regulations or otherwise excepted or excluded herein. (d) Defects, liens, encumbrances, adverse claims against the title as insured, or other matters: 11} created, suffered, assumed or agreed to by the In-sured, or 121 known to the Insured either at the date of this Policy or at the date such Insured acquired an estate or interest insured by the Policy and not shown by the public records, unless dis-closure thereof in writing by the Insured shall havebeen made to the Companies prior to the date of this Policy, or (31 resulting in no direct loss to the Insured, or H) attaching or created subsequent to (he date hereof.(el Loss or damage which would not have been sustained if the Insured were a bona fide purchaser or encumbrancer for value. 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Companies, at their own cost and with- out undue delay, shall provide for the defense of the Insured in all litigation consisting of actions or pro-ceedings commenced against the Insured, which liti-gation is founded upon a defect, lien, or encum-brance insured against by this Policy, and may pur- sue such litigation to final determination in the court of last resort. Ib) In case any such action or proceeding shall be begun, or in case knowledge shall come to theInsured of any claim of title or interest adverse tothe title as insured, or which might cause loss or damage (or which She Companies shall or may be liable by virtue of this Policy, or in the event the title is rejected as unmarketable by one who hasleased or has contracted to purchase, lease, or lend money on the land described in Schedule C hereof, the Insured shall at once notify the Companies there-of in writing. If such notice shall not be given to the Companies within ten days of the receipt of process or pleadings, or if the Insured shall not, in writing, promptly notify the Companies of any defect, lien, or encumbrance insured against which shall come to the knowledge of the Insured, or if the Insured shall not, in writing, promptly notify the Companies of any such rejection by reason of claimed unmarket- ability of the title, then all liability of the Com- panies in regard to the subject matter of such action, proceeding or matter shall cease and terminate; pro-vided, however, that failure to notify shall in no case prejudice the claim of any Insured unless the Companies shall be actually prejudiced by such fail- ure and then only to the extent of such prejudice.(c) The Companies shall have the right at their California land Title Association Standard Coverage Policy Form — Copyright 1960 UNION TITLE INSURANCE COMPANY own cost to institute and prosecute any action or proceeding or do any other act which in their opinion may be necessary or desirable to establish the title as insured. (d) In all cases where this Policy permits orrequires the Companies to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to them the right so to prosecute or pro- vide defense in such action or proceeding, and all appeals therein, and permit them to use, at their option, the name of the Insured for such purpose. Whenever requested by the Companies, the Insured shall give the Companies all assistance in any suchaction or proceeding, in effecting settlement, secur- ing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Com- panies shall reimburse the Insured for any expense so incurred. 4. NOTICE OF LOSS-LIMITATION OF ACTION In addition to the notices required under para-graph 3(bl, a statement in writing of any loss or damage for which it is claimed the Companies are liable under this Policy shall be furnished to the Companies within sixty days after such loss or dam-age shall have been determined and no right of ac- tion shall accrue to the Insured under this Policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this Policy unless action shall be com- menced thereon within one year after expiration of said thirty-day period. Failure to furnish such state-ment of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this Policy. 5. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS (a) The Companies reserve the option to pay, settle or compromise for or in the name of the In-sured, any claim insured against or to pay the full amount of this Policy, and such payment or tender of payment, together with all accrued costs which the Companies are obligated hereunder to pay, shall ter-minate all liability of the Companies hereunder. (b) In case loss is claimed under this Policy by an insured owner of an indebtedness secured by a Mortgage or Deed of Trust, the Companies at theiroption may pay such Insured an amount equal to such indebtedness, together with all costs which the Com- panies are obligaied hereunder to pay, in which casethe Insured shall assign and transfer to the Com- panies said Mortgage or Deed of Trust and the in- debtedness secured thereby, and such payment shall terminate all liability of the Companies hereunder asto such Insured. 6. PAYMENT OF LOSS (a) The liability of the Companies under thisPolicy shall in no case exceed, in all, the direct loss of the Insured and costs and attorneys' fees which the Companies may be obligated hereunder to pay.(b) The Companies will pay, in addition to any loss insured against by this Policy, all costs imposed upon the Insured in litigation carried on by the Com- panies for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Companies. (c) No claim for damages shall arise or be maintainable under this Policy: 111 if the Com- panies, after having received notice of an allegeddefect, lien, or encumbrance not excepted or ex-cluded herein removes such defect, lien, or encum- brance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Companies, or 131 in the event the title is rejected as unmarketable becauseof a defect, lien, or encumbrance not excepted orexcluded in this Policy, until there has been a final determination by a court of competent jurisdiction sustaining such rejection. (d) All payments under this Policy, except pay-ments made for costs, attorneys' fees, and expenses,shall reduce the amount of the insurance pro tantoand no payment shall be made without producing this Policy for endorsement of such payment unless the Policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to thesatisfaction of the Companies, provided, however, if the owner of an indebtedness secured by a Mortgage or Deed of Trust shown in Schedule B is an Insuredherein, then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such Mortgage or Deed of Trust. (e) When liability has been definitely fixed in accordance with the conditions of this Policy, the lossor damage shall be payable within thirty days there- after. 7. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this Policy is reduced by any amount the Companies maypay under any policy insuring the validity or priority of any Mortgage or Deed of Trust shown or referred to in Schedule B hereof or any Mortgage or Deed of Trust hereafter executed by the Insured which is a charge or lien on the land described or referred to in Schedule C. The provisions of this paragraph num-bered 7 shall not apply to an Insured owner of anindebtedness secured by a Mortgage or Deed of Trust shown in Schedule B unless such Insured acquires title to said land in satisfaction of said indebted- ness or any part thereof. 8. COINSURANCE AND APPORTIONMENT (a) In the event that a partial loss occursafter an alteration or improvement subsequent to the date of this Policy, and only in that event, the In- sured becomes a coinsurer to the extent hereinafterset forth. If the cost of the alteration or improvement ex- ceeds twenty per centum of the amount of this Policy, such proportion only of any partial loss estab- lished shall be borne by the Companies as one hun- dred twenty per centum of the amount of this Policy bears to the sum of the amount of this Policy and the amount expended for the alteration or improve- ment. The foregoing provisions shall not apply tocosts and attorneys' fees incurred by the Companies in prosecuting or providing for the defense of actions or proceedings in behalf of the Insured pursuant to "the terms of this Policy or to costs imposed on theInsured in such actions or proceedings, and shall not apply to losses which do not exceed, in the aggre- gate, an amount equal to one per centum of the face amount of this Policy.Provided, however, that the foregoing coinsurance provisions shall not apply to any loss if, at the time of the occurrence of such loss, the Ihen value of the premises, as so improved, does not exceed the amount of this Policy, and provided further that the foregoing coinsurance provisions shall not apply to an insured owner of an indebtedness secured by a Mortgage or Deed of Trust shown in Schedule Bprior to acquisition of title to said land in satisfac- tion of said indebtedness or any part thereof. (b) If the land described or referred to in Schedule C is divisible into separate and noncon- tiguous parcels, or if contiguous and such parcels are not used as one single site, and a loss is estab- lished affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the face amount of this Policy were divided pro rata as to the value on the date of this Policy of each separate independent parcel to the whole, exclusive of any improvements made sub- sequent to the date of this Policy, unless a liability or value has otherwise been agreed upon as to each such parcel by the Companies and the Insured at thetime of the issuance of this Policy and shown by an express statement herein or by an endorsement at- tached hereto. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Companies shall have settled a claim under this Policy, all right of subrogation shall vestin the Companies unaffected by any act of the In- sured, and they shall be subrogaled to and be en- titled to all rights and remedies which the Insured would have had against any person or property inrespect to such claim had this Policy not been issued. If the payment does not cover the loss of the In- sured, the Companies shall be subrogafed to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this Policy, but the Companies, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Companies by reasonof the impairment of the right of subrogation. TheInsured, if requested by the Companies, shall trans- fer to the Companies all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Com- panies to use the name of the Insured in any trans- action or litigation involving such rights or remedies. 10. POLICY ENTIRE CONTRACT All actions or proceedings against the Companies must be based on the provisions of this Policy. Any other action or actions or rights of action that the Insured may have or may bring against the Com- panies shall be deemed to have merged in this Policy and to be restricted to its terms and conditions. No provision or condition of this Policy can bewaived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary orother validating officer of each of the Companies. The Companies may take any appropriate action under the terms of this Policy whether or not they shall be liable thereunder and shall not thereby concede lia- bility or waive any provision of this Policy. 11. NOTICES, WHERE SENT All notices required to be given the Companies and any statement in writing required to be furnished the Companies shall be addressed to them at SanDiego, California. 12. THE FEE SPECIFIED IN SCHEDULE A OF THIS POLICY IS THE TOTAL FEE FOR TITLE SEARCHAND EXAMINATION AND FOR TITLE INSURANCE.