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HomeMy WebLinkAbout; CHRISMAN, MARGARET; 155021; Property.- - --- I - - - - . . . -XLirfIber ...... 863912 .......... Numbe *4~45-... r 1 ci- ' . I- RECORDING REQUESTED BY ................................................................................................ WHEN RECORDED. PLEASE MAIL TO .... ~~.~~..~~...~.~~.~b~d .............................................. .... 2p6Q.m?...Zi.C.Q ....................................................... .... ~.~.~. ~~d~...~~~~.i~~.~~~...~2.0.~ .................. 6 @ L ^' - ,*- fJp3:k y$:,,',:,q y9,- P2y,; ..r- --'".:-r,C ",:iL-L! .. L*L..p:A$ -i cF q P 2 a; .Y LE f~~g:~;~ 2 ??:-:.?'i g'; 0C-f 9 C.?'! :7,3 ?cy; '9 "'.Li.;' 4.,,2& ?& SEg;ES 2 3y: T2:; GFriL;;.!; ;., ::-.;523 ,$Ai$ rl;;:GO CGU:jj-yJ, ~;LJ~~F, prr:;-,*. r,-."-." & 2;. GRAY, EECGR&iER FE SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed ..................................................................................................................................................................................................... ---~~-e~--C~is~,~--a.-~i~--.~ .............................................................................................................................. For a Valuable Consideration, the receipt of which is hereby acknowledged, do ........ GRANT to .... ~.C~t~~-.Of.--~~l~Sba.d~~-.a-.-~-ic.i~-l-.CO~.Or~ti-On~ ........................................................................ .................................................................................................................................................................................................... all that real property situated in the County of _________ ____________ &Q-.-Di!3g? _____________ -.-."-, State of California, described as Portfon of Tract 119 of Carlsbad Lands and that portion of Fractional Block 88 0: Town of Carlsbad according to the attached description mde a part hereof and ma: Exhibit "A" : ., . . D 4 , I Dated _______ h@&$-.l~,~~-l~6~ _____________ ___ @ ""~~""""~"""-~~""""""""""""""""""""""""""""-~-~"" 2bIAp Uuk MARGAFZT dRRISWUV .c .......................................................................................... .......................................................................................... I .......................................................................................... STATE OF CALIFORNIA, }ss. * COUNTY OF ..... Ms... !%%!?&es .................... On ..................................... August 21, ........................................., 1967 before me, the undersigned, a Notary Public in and for s personally appeared ................................... H.Wg~.t..CS.W ..................................................................................... ........................................................................................................ known to me to be the person ........ whose name ........... is .............. acknowledged that ......S he ........... executed the same. WITNESS my hand and official seal. (Seal) S OFFICIAL SEAL .................................................................................................... 1,1,1,,11,,,,,,,,,,,,,,,,,, ",," ,,,,,, ~ 5 BARBARA PETTIT { NOTARY PUBLIC - CALIFGRNIA $ PRINCIPAL OFFICE IN E LOS ANGELES COUNTY $ -~ll,lllllll,l.llll,,,,,,,,,,,,,,,,,~,,,,,,,,,,~,,,,,,,,,,,,~,,,,,~,,,,",~,,,,:,,,,,,,~,,,,,,,,,,,, ,,,,,, s ,,,,1,,,,, c ,,,,,,,,,, 1,,",,"1,,1 ,,(, a BARBARA PETTIT My Commission Expires July 31, 1970 ........................................................................................... .......................................... subscribed to the within instru .................... LJd:/& 9 (Notary Public's Signature) Barbara Pettit ........................................................................................................... (Name - Typed or Printed) Notary Public in and for said State Mail Tax Statements to : I?- (Name) 3423 ESC 2564 8-65* P.S. (Address - Nuwber, Street, City, State, axd Zip Code) '4 qP - 0 - 0. -. 1 -3 42 aa w a ecs 6 io :* z +-) a" w I: d 4 z 0 y. 12 - b 2 G E * 5 E4 U w rn ~~~ \" . 'x. e e+-%& \@-,I \ " . i, 1 * CERTIFICATE OF ACCEPTANCE -- 83 This is to certify that the interest- in real properlx aateaACds57 j.3; '/yL 7 , from M~~~BPGT el)/-,; Hnfv oration anct/or govern.acnta1 agenw, is hereby accepted by order o,$ :$h52..,Cit:; Cauncil of the c?..':.V of Carlsbad On the ,"-,,diy2*fJky~rr.ber, 1767 , an.: ."?> grantee consents to, recordation ,. thereof by its duly 2u'thOriZed Officer. I conveyed by g P AN T ~egd h , to the ci-ty of ~ar~.skd, a political COT^- -. .. , DATED: h& ZdeU T /??dx CITY OF CARLSBAD BY. .\ *> .? 0 cO p" _- * .I . c ., e. 0' p w *. , .< * . .~. . ... . . , .. , , " .. LIS ." >. .. '.. < ,._,.d..\ " ' , :.., i,. 2 -><.:. 5 Exhibit "A" > ..,. . . , - . . . '1% I, -e ., ,; 1 , , ,-. " .. I , . . .I ,-.: a.;,.-, -i. : :,+.; ?..,X! it,,; 2- ; i-.,:.<:-;- .L ,:. -, \, ,,;, :,;>>,.I*.,L P 3, 1 ?" ,-GC, s-r;"i-;';; C)? c,.',:-: -=r.>].~, 7 ,> ~ ' <.,.\.%: ~~ n' ,2., z :: <; 7; 3 I ; 4 {, !-:2r-?>c:GF . . .f t\L f.({)* ?;,GI i I.$ !;.;E ()F2EICC Sf y;{z ,p*"';j-4' !>c'C'n:31'1c"' i2,,j u r; i ; 1 p< -i' i^" (-1 T: 'r I r, ..,; >'> !Z r 2 ,& .z 7- 1 c; i . . ,\ . ili: \, , : : .')!,#.,i Ei,O.:;< ' -. - i _.. pc:i< . f;F c/4iFLSs F.r- s;;j.c C,-);.j;;"ry j1t,;3 <;T"" ;.'-*-p:i-;:>~;,:~ TC ;; . L I h.1 .Lr nus- \d- .<\, EGrz >,j:>, "??- >>>$ FILEC is y, J~-~~~CE 7- r- I)? TijE cO!,Ji.jTY ~~~(>~~~< (:I= si+:.; g [,<]i,;iy I"!$FY 2) L$?8, 2;:- /. t- :' ,,<: .2 r\ i r \3 ri ,'I!dL,- A5 FOLe::i$!s : i i; -.. . : ,_ is?$-. CGiJp.,iTY CF s,!:.,:' 1. f; 4 . ~ .- ~'LJ I \ d L i< i E.Z'S ;7CjU;.jT'/ ;ygc;+ i , < : c,, .,' , < . * ,e - Rb I , ,! ,I ."L .% c &:jEsCRIpT;Op,j ijy: He ;+* !.%:~?-'' rlLJLiLE p 'ILr"5J- -il b '. STATEMENT - u~uv~L11 I rIK31 IIAIIUIYAL 13 w ESCROW NO.- 42 TO -ad &.rl sbnd Legal Description: ' POT tion of' Trac t 119 of Carlsbad Lands DOCUMENTS RECORDED 10 Debits Deposits - Cash Total Consideration for - Deed Note i"Z+ 1 I1 ILL Paid Qutside of Escrow (as indicated in escrow instructions) Unpaid Principal Balance - Trust Deed of Record .+I= I"[/- New Note and Trust Deed IH"c- Interest j3 FHA Mtg.Ins.$ 1 yr. from to Taxes $6 -14 per mo. from 7-1 to 10-9-67 Ins. $ Prem. $ -yr. from to -E3 0 % from tu PRO- RATA Rents $ mo. from to \ IIIL Commission ll--"4F III" lL"--LlL Payoffs kddt I"L IIUL =I= II I" IIIL IH---Ic- Beneficiary's Fee for Furnishing Demand and/or Statement Water Stock Transfer Fee RIP ~~..~ I1 I I- Impounds: FHA Mortgage Insurance, Taxes & Assessments arzd Fire Insurance Bldg. A/C Mechanics' Lien Report Recording Notice of Completion Title Company's Charge for Title Policy Reconvevance Fee BE ~, I" Revenue Stamps Recording Deed Trust Deed Reconveyance Taxes Assessments Tax Service EiE ': Recordingic-te IIIII Insurance Additional Insurance Real Estate Loan Fee &k { Extended Coverage Transfer and/or Mortgage Clause Escrow Fee on Sale x Purchase x Loan Exch. Drawing Deed x Trust Deed Hal= Drawing IIIII Notary Fees II\L Deposited to the Account of Check Herewith " Balance Due This Bank KEEP THIS STATEMENT FOR INCOME TAX PURPOSES TOTAL FIE $ 10,899 82 I1 I LI 2368 ESC 2536 11-80* (00 IOY The County Recorder has been advised of the address to which you wish your recorded documents mailed. ( .'.L:-:,2. W W ,.,-F, :.; 7 .. " re- -\ . ." \, i." - , .e .4"; '7, I ,' ~ - ."I: n _. . 1. "-1 ,, - -, - r,-,, 2 - ~ ' :c - :.-I - L :: Y. . .. ..s :-oL-; . I ,:e~ ,. ', , ;I , .;.A .,,, ,". ,. i {\~) L,,)l-, ,,;i 2 ,, :I 1;. -,-c.i - : -)' I ..,i -,. . 1, 2 ' .. .. . .,? , - '. - .. - L- CY .-I ! 3 LiU ->.. .;~ , " ":3 3 t. r,3 ' , . .. "._ c ". i :: 2 c: c ._ .~ _i <~\ \ %. ,I .. ,- r 1.. )L ./, .- ., , j r : '< . id" <;' :> I r i. C' .- _. ESCROW - SECURITY FIRST 1YATIONAL D STATEMENT - ESCROW NO. B TO CtQr of. Carlsbad Legal D-iption:~ DOCUMENTS RECORDED ZQ-5 Total Consideration for -Deed Note Paid Outside of Escrow (as indicated in escrow instructions) Unpaid Principal Balance - Trust Deed of Record BAE Debits Deposirs - Gash New Note and Trust Deed Interest $ @ o/o from to FHA Mtg. Ins. $ Taxes $6,&4 m -o.from 7-1 to 104-67 PRO- 1 RATA 1 yr. from to wen@ $ mo. frbm to Ins. $ Prem. $ -yr. from to -E I IIII Commission -I= l"-----lI Payoffs IIII" t---"i'l= III It" IWF i"+ ii------"-lk IIIII ESC 2536 I1-60* 100 1OY The County Recorder has been advised of the address to which you wish your recorded documents mailed. \ SCHEDULE B PART ONE , “++\ ‘\i \n . *“’ 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, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) “land”: the land described, specific- ally or by reference, in Schedule C and improvements affixed thereto which by law constitute real property; (,b) . “public records”: those records whlch Impart constructive notice of matters relating to said land; constructive knowledge or notice which (c) “knowledge”: actual knowledge, not may be imputed to the Insured by reason of any public records; (d) “date”: the effective date; trust deed, or other security instrument; and (e) “mortgage”: mortgage, deed of trust. as Insured, and if the owner of the in- (f) “insured’: the party or parties named debtedness secured by a mortgage shown in . Schedule B is named as .an Insured in Schedule A. the Insured shall include (1) each successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in this policy by foreclosure, trustee’s sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an in- surer or guarantor under an insurance con- tract or guaranty insurmg or guaranteemg said indebtedness, or ’ any part thereof, whether named as an insured herein or not. subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE secured by a mortgage described in Sched- If an insured owner of the indebtedness ule B acquires said estate or interest, Or any part thereof, by foreclosure, trustees sale, or other legal manner in satisfaction of said indebtedness, or any part thereof. or if a federal agency or instromentaliry acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or, guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or instrumentality, subject to all of the conditions and stipula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY or damage by reasons of the following: This policy does not insure against loss regulation (including but not limited to (a) Any law, ordinance or governmental building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions or area of any lot or parcel of land. or eminent domain unless notice of the (b) Governmental rights.of police power exercise of such rights appears in the public records at the date hereof. lines of the land expressly described in (c) Title to any property beyond the Schedule C, or title to streets, roads, ave- such land abuts. or the right to maintnin nues, lanes, ways or waterways on which structure or improvement; or any rights or therein vaults, tunnels, rnmps or any other easements therein unless this policy specific- ally provides that such property. rights or easements are insured. except that if the land abuts upon one or more physically open streets or highways this policy insures the ordinary rights of abutting owners for access to one of such streets or highways. unless otherwise excepted or cxcluded herein. (d) Defects, liens, encumbrances. adverse claims against the title as insured or other matters (1) created, suffered. assumed or damage; or (2) known to the Insured agreed to by the Insured claiming loss or Claimant either at the date of this policy or at the date such Insured Claimant ‘ac- quired an estate or interest insured by this policy and not shown by the public records. unless disclosure thereof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or (3) resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge. 4. DEFENSE AND PROSECUTION OF ACT1 -NOTICE OF CLAIM TO BE GIVEh THE INSURED without undue delay shall provide (1 (a) The Company, at its own cost, the defense of the Insured in all litig consisting of actions or proceedings menced against the Insured. or deft restraining orders, or injunctions inter1 against a foreclosure or sale of the I gage and indebtedness covered by this F or a sale of the estate or interest in land; or (2) for such action as mz appropriate to establish the title ol gage as insured, which litigation or 2 estate or interest or the lien of the in any of such events is founded up( alleged defect, lien or encumbranc sured against by this policy, and ma] sue any litigation to final determinat the court of last resort. ing shall be begun, or defense inter (b) In case any such action or pr or in case knowledge shall come to t sured of any claim of title or interest is adverse to the title of the estate terest or lien of the mortgage as in or which might cause loss or damal which the Company shall or may be by virtue of this policy, or if the 11 shall in good faith contract to sell t debtedness secured by a mortgage c by this policy, or, if an Insured in faith leases or contracts to sell, le mortgage the same, or if the suc bidder at a foreclosure sale under a gage covered by this policy refuses t chase and in any such event the t said estate or interest is rejected 2 marketable, the Insured shall noti Company thereof in .writing. If such shall not be given to the Company ten days of the receipt of process or ings or if the Insured shall not, in x romptly notify the Company of a fect. lien or encumbrance insured which shdl come to the knowledge Insured. or if the Insured shall I writing. promptly notify the Comp any such rejection by reason of claim marketabiliry of title. then all liab. (Conditions and Stipulations Continued and Concluded on Last Page of This Policy) - t- .. < - (rc CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1963 SCHEDULE A POLICY NO0 t 863912 AMOUNT : $101700000 PREMIUM 8 $98~25 EFFECTIVE DATE: OCTOBER 9, 5967 AT 9109 A0 Me INSURED CXTY OF CARLSBAD, A MLJNICrPAi CORPORATION Io TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED INt CITY OF CARLSBAD, A MUNICIPAL CORPORATION 20 THE ESTATE OR INTEREST IN THE LAND DESCRIE3ED OR REFERRED TO IN SCHEDULE C COVERED BY THIS POLICY IS A FEE. SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOh'INGo PART ONE ALL MATTERS SET FORTil IN PARAGRAPHS ilJUMBERED 1 TO 5 fNCLUSIVE ON Tt INSIDE COVER SHEET OF THIS POLICY UNDER THE HEADING SCHEDULE 6 PAR1 ONE a PART TWO NONE a63912 PAGE 1 - - v SCHEDULE C THE LAND EFERRED TO IN ThIS POLICY IS DESCRISED AS FOLLOWSI THAT PORTION OF TRACT 129 OF CARLSBAD LANOSt IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO0 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 1, 19159 AND THAT PORTION OF FRACTIONAL BLOCK 88 OF THE TOMN OF CARLSBAD, IN SAID COUNTY AND STATE, ACCORDING TO MAP THEREOF NO0 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO CCUNTY MAY 2, 1888, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION QF THE CENTER LINE OF OAK AVENUE9 A5 SAID AVENUE IS SHBkN ON SAID MAP NO0 1661 WITH THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF TRACT 114 OF CARLSBAD LANDS) THENCE NORTH 55027' EAST ALONG SAID CENTER LINE OF OAK AVENUE 348r36 FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND DESCRISED XN DEEG TO Wo Ao SCOTTr ET !JX, RECORDED JANUASY 13, 1941, AS DOCWMENT NO# 2655, IN BOOK 11189 PAGE 301 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID SCOTT LAND, NORTH 34033' WEST 238.02 FEET TO THE TRUE POINT OF BEGINNING8 THENCE NORTH 34033' WEST 134~56 FEET TO THE MOST WESTERLY CORHER OF SAID SCOTT LAND IN THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN DEED TO Jo Ho DEARDORFF, ET UX, RECORI?ED IN BOOK 9349 PAGE 259 OF DEEDS1 THENCE ALONG SAID SOUTHEASTERLY LINE OF SkfD DEARDORFF LAND, SOUTH 556 27' WEST 100r17 FEET TQ A POINT ON THE WEST LINE OF TRACT 119 WHICH POINT 1S"ALSCi THE MOST SOUTHERLY CORNER OF LAND CONVEYED TO Ja Ho DEARDORFF BY DEED RECORDED IN B03M 1596, PAGE 435 OF DEEDS, THEhICE ALONG THE WESTERLY LINE OF DEARDORFF'S LAND, hORTH 34033l WEST 65044 FEET TO THE MOST EASTERLY CORNER OF LAND DESGRIBED IN 5EED TO THE CITY OF CARLSBAD, RECORDED JULY 19, 1467 AS FILE NO0 105524 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAND SOUTH 55027' KEST 22069 FEET TO THE MOST SOUTHERLY CORNER THEREOF8 THEN€E ALONG THE hORfHEASTEhLY LIi'jE OF: LAND DESCRIBED IN DEED TO GEORGE Eo LEACI.Is RECORDED XN EQOK 1395, PAGE 240 OF DEEDS AND ALONG THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED TO ALBERT SI HAWKES ET UX, RECORDED IN BOOK 1036, PACE 336 OF DEEDS9 SOUTii 34033' EAST 200000 FEET2 THENCE NORTH 55027' EAST 122000 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNINGO 863912 PACE 2 1 e +. ,, .. r CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the Company in regard to the subject matter of such action, proceeding or matter sl;all cease and terminate; provided, however. that failure to notify shall in no case prejudice the claim of any Insured unless the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish the title of the gage as insured; and the Company may estate or interest or the lien of the mort- take any appropriate acrion under the terms of this policy whether or not it. shall be concede liability or waive any provision of this policy. (d) In all cases where this policy per- mits or requires the Company to prosecute or proceeding, the Insured shall secure to or provide for the defense of any action it the right to so prosecute or provide de- fense in such action or proceeding, and all appeals therein, and permit it to use, at its option, the name of the Insured for such pany the Insured shall give the Company purpose. Whenever requested by the Com- proceeding, in effecting settlement, securing all reasonable aid in any such action or evidence, obtaining witnesses, or prosecu- ting or defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense so incurred. liable thereunder and shall not thereby 5. NOTICE OF LOSS - LlMlTATlON OF ACTION In addition to the notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and DO recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure or t6 commence such action within the to furnish such statement of loss or damage. time hereinbefore specified, shall be a con- clusive bar against maintenance by the In- sured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPRO- The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness seched by a mortgage covered 'by this policy, the Company shall have the option to purchase said indebtedness; such pur- chase, payment or tender of payment of r!le full amount of this policy. together with all costs, attorneys' fees and expenses ~hich the Company is obligated hereunder Company hereunder. In the event, after to pay, shall terminak all liability of the notice of claim has been given to the Com- - MISE CLAIMS pany by the Insured, the Company offers the amount so paid shall be deemed a to purchase said indebtedness, the owner of ment to the Insured under this policy. stich indebtedness shall transfer and assign provisions of this paragraph number( the same to the Company upon payment of indebtedness secured by a mortgage st said indebtedness and the mortgaqe securing shall not apply to an Insured owner ( the purchase price. in Schedule B unless such Insured acq title to said estate or interest in satisfa 7. PAYMENT OF LOSS of said indebtedness or any part there' (a) The liability of the Company under this policy shall in no case exceed. in all: attorneys' fees which the Company may be the actual loss of the Insured and costs and obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, Ration carried on by the Company for the dl costs imposed upon the Insured in liti- Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this policy (I) if the Company. after having received notice not excepted or excluded herein removes of an alleged defect, lien or encumbrance such defect, lien or encumbrance within a or (2) for liability voluntarily assumed by reasonable time after receipt of such notice. the Insured in settling any claim or suit or (3) in the event the title is rejected as without written consent of the Company. unmarketable because of a defecr, lien or encumbrance not excepted or excluded in this policy. until there has been a final determination by a court of competent juris- diction sustaining such rejection. (d) All payments under this policy. ex- cept payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy the policy be lost or destroyed, in which for endorsement of such payment unless case proof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided. however. if tht. owner of an indebtedness secured by a morrgage then such payments shall not reduce pro shown in Schedule B is an Insured herein hereunder as to such Insured. except to the tanto the amount of the insurance afforded extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by. such mortgage. except as pro- vided in paragraph 2 hereof. fixed in accordance with the conditions of (e) When liability has been definitely this policy the loss or damage shall be pay- able within 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 any any mortgage shown or referred to in policy insuring the validity or priority of Schedule B hereof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and .. 9. SUBROGATION UPON PAYMENT SETTLEMENT Whenever the Company shall have se rogation shall vest in the Company a claim under this policy, all right of shall be subrogated to and be entitle affected by any act of the Insured, ar all rights and remedies which the Ins would have had against any person or F erty in respect to such claim had this ps not been issued. If the payment does cover the loss of the Insured, the Com shall be subrogated to such rights remedies in the proportion which said ment hears to the amount of said 10s sured. such act shall not void this p( loss should result from any act of the but the Con?l~any. in that event. shal required to pay only that part of any I( insured against hereunder which shall ceed the amount. if any, lost to the ( pany by reason of the impairment of right of subrogation. The Insured, if quested by the Company, shall transfe the Company all rights and reme against any person or property necessar ordtr to pcrfect such right of subrogat and shall permit the Company to use name of the Insured in any transactio) litigation involving such rights or rrmo If the Insured is the owner of the by this policy. such Insured may releas debtedness secured by a mortgage cov substitute the personal liability of debtor or guarantor, or extend or other a portion of the estate or interest from modify the terms of payment, or re lateral security for the indebtedness. licn of the mortgage, or release any vided such act does not result in any of priority of the lien of the mortgagt 10. POLICY ENTIRE CONTRACT that the Insured may have or may b Any action' or actions or rights of ac against the Company arising out oF status of the lien of the mortgage cov~ by this policy or the title of the estatc interest insured herein must be based the provisions of this policy. No provision or condition of .this pc can be waived or changed except by wri endorsed hereon or attached hereto si& by the President, a Vice President, Secretary. an Assistant Secretary or 0 validating officer of the Company. 11. NOTICES, WHERE SENT pany and any statement in writing requ All notices required to be given the C to be furnished the Company shall be dressed to it at the office which issued policy or to its Home Office. 433 Sc Spring Strrer, Los Angeles 54. Califor 12. THE PREMIUM SPECIFIED IN SCHED A IS THE ENTIRE CHARGE FOR TITLE SEAR TITLE EXAMINATION AND TITLE INSURAlr ., v' " -La. -. " :/ .=I ,,/- i j t I. I. /r L . t -. - . -r -~ -~ ~ ~- ~~ ~ _____~ 2" ""_" - ~ ._ .. -___ ""=- c I i 1 1 j ~ ~~~~ " I 1 ! _-~ -4 f "- LAC UNA D& "" "_~_ ..~~ .