HomeMy WebLinkAbout1965-01-04 - Grant Albert Fischer, Margery Fischer, Robert Alexander and Cynthia R Alexander � - -- - � A - 022 Boex7156
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' `WHEN RECORDED. , a
i �PLE_ASE� MAIL THIS INSTRUMENT TO
rIN
ORDED AT REQUEST OF
- '� ORANGE COUNTY'TITLE CO.
— - H� 1 tjN ��(yC OFFICIAL RECORf)S OF
The City Of ANGE COUNTY, CALIF.
c/o Land,Acquisitiot Services Inc.
610 South Broadway $•00 AM MAR 24 1965
Santa Ana, California FREE
- J. WYLIE CARLYLE, County Recorder
Order No 871.719-DS
PARCEL NO. 2
Escrow No - -----_ WARNER AVENUE AND
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GRANT DEED
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FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
1` CHER
ALBERT FI-FI and MARGERY FISCHER, husband and wife and ROBERT ALEXANDER and
CYNTHIA R. ALEXANDER, husband and wife, , do hereby
GRANT to CITY OF HUNTINGTON BEACH, a Municipal corporation
D
the real property In the City Of Huntington Beach County of Orange
State of California, described as:
The West 100 feet of the forth 50 feet and the South 50 feet of the North 100 feet
of the West 50 feet of Lot 1, Block 17, Tract 86, Coast Boulevard Farms, as shown
on a Map recorded in Book 10, pages 35 and 36 of Miscellaneous Maps, records of
Orange County, California.
EXCEPTING and RESERVING unto Grantors all oil, gas and other hydrocarbon substances
lying below a depth of 500 feet from the surface- thereof, but without right of
surface entry as reserved in the deed from Abram Strausberg and wife, recorded
March 10, 1961 in Book 5652, page 698 of Official Records.
Subject to second installment of taxes for the fiscal year 1964-1965.
Also Subject to covenants, conditions, reservations, restrictions, easements and
right of way of record.
j
Dated. January 4, 1965
_ STATE-OF CALIFORNIA = -_ _ (�
-COUNTY= �-OF_ ------ �55 = -- - - - - - - - be Fischer
On - — Marge�y,1�4eher
before me, the undersigned, a Notary Public in and for said
a e exan r
State, personally appeared r f
Cynthia" . AleXandex•
known to me to be the person whose name—
subscribed to the within instrument and acknowledged that
executed the same
WITNESS my hand and official seal
Signature
Name(Typed or Printed) (This area for official notarial seal)
ii
FORM 1002
STATE OF CALIFORNIA l 60 "741 PAcE7 3
'I COUNTY OF ORANGE }ss
r J
�E On Januar 4th, 1965 ,
o y before me, the undersigned, a Notary Public In and for
u
Albert Fischer, Margery Fischer,
w said State, personally appeared
Robert Alexander and Cynthia R. Alexander _
V
d
E
Q
LL known to me to be the person $ whose name$ are
subscribed to the within Instrument and acknowledged to m
� m1111IIIiI11111111111II1I1111mIti11111l11111111nTiliYlnumminnmmrnunnnnnn ulnirnrte tunmmnrt-Wary
that_ they executed the sam ° OFFICIAL SEAL
Y = Ata LARRY c s;7TCEW
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g WITNESS my han rid offs ial seal w � V p NOTA2r PUBLIC - CALIrORNIA
PRINCIPAL OFrICE IN
°c OPANGE COUNTY
' o Signature
" L .RY G cU TOIV
° My Corr"ssion Expires Feb 3, 1968
Na a(Typed or Printed) (This area for official notarial seal)
2 Sou 745G PxE 774,-
3 RES��LMLN No. 2107
4 A RESULUTIvN QF Thif, -TTY 'LU CIS OF THE
CITY OF HUNTLINGT'�Tx b ZAL,fi AC-13PTING OUNT
5 T Drr::D TO CPIRTAT11 R'4tL , FTY ILK) AUTH.®
ORIZING THE Ri!,00"R 'KILN t;F ISAME.
6
7 T'he City Council of the City of Huntington Beach,
8 California, to resolve as follows:
9 Th-t the City Council of the City of Huntington Begob
10 California, hereby aceepts the certain Grant Dead from
11 ALB-',iT FI IGMM and M ,.RQMRY FISCHER, husband and wife and
12 ROZE11T 'AUYUND,R and CY.V Phi IA R. AILE(AND:2. husband andd -wifeg
13 to the --4ty of Huntington Beach, a municipal oorporationg
14 dated Janusry 4th, 1965, granting aertain real property da-
15 seribed therein to the City of Huntington beach and author-
16 izing and directing Land Acquisition Service, Inc. of
17 6pnta A--na, California, to record this dosed is the o floe of
18 the County Recorder of Orenje, County, California.
19 -M,- AND ADOPTED by th V e City Cour,,ei'l of the City of
20 Huntington Beach, Celiforni*,, et a regular meeting thereof
21 held on the lat day of Pebnmy, 1965.
22
23
Daaa3d ID, Sbialex
24 Mayor
25 AMESTs
26 Pahl C , jonp-q A'r"_ ISOV ED AS TO FORK
27 James D,Flunkettecity Attorney
28 B GEORGE SHIBATA
29 Asst.-City Attorney
30 ,
!.des, Woq 2107
2 _ Bou 7456 PAGE 7 75
3
STATE OF C .IFURNIA
4 county of orsnga s
5
City of tington Beach
-
6 I, PAUL C. dQ*E3s the duly elected, qualified and eating
7 City Clerk of the city of HimtIngton gesch, and ax. offic io
8 'lark of the City Council of said City$ do hereby aertiff
9 that the wh&le number Of members of the City Council of the
10 City Of liuntingtOn Beach is f ival that the foregoing resolution
11 w9a Psased x-Ind adopted by the affirmative vote of more than
12 a majority of ail the members of said City Counail at a regular
13 meeting thereof hald on the lst day of Febxuarv_ . 9,19 ,
14
15
16 YES$ C,ouAc UM in 2
17 y
18NO S :
19
20 °�;
The idHgoing instrument is a correct copy
21 CQUNCIWENt of the original on file in this office.
22
Attest
23
24 City Clerk a�ad' 'e rk the:4,
25 Council of tft City f 140 n-Beacb,Cal.
4 ,
`J 26 6y .�� � L. u{�/
IC -IMP.4
27 its C10A and ex-offiele Clerkn �
28 Gamoil of the city of Huntington Beacks
California
29
30
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R Form No 1084 2
American Land Title Association
Owner's Policy—Standard Form B-1962
' and
CLTA Standard Coverage Policy Form
Copyright 1963
SCHEDULE A
Total Fee for Title Search, Examination
and Title Insurance $___42-.00
Amount $ 3000.00 Policy No. 871719
LAS - 388 Parcel No. 2
Algonquin
Effective Date March 24, 1965 at 8:00 A. M. Al Avenue and
gonquin Street
Insured
CITY OF HUNTINGTON BEACH, a Municipal Corporation.
I. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF HUNTINGTON BEACH, a Municipal Corporation, by deed recorded March 24,
1965 as Instrument No. 20223 in Book 7456, page 772 of Official Records.
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is
A Fee.
2
California Land Title Association ;
Standard Coverage Policy Form ;
Copyrigght 1963 ,
Form 1084-3
SCHEDULE B 871719
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I 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.
5 Unpatented mininq claims-, reservations or exceptions in patents or in Acts authorizing the issuance
thereof, water rights, claims or title to water.
Part Two-
, ri
1. General and Special Taxes for fiscal year 1965-1966, a lien not yet payable.
2. Easement for ingress and egress over the portions marked Private Roads as
shown on said map.
3. The Effect of a right of way for the widening of Algonquin Street, as con-,
veyed to the County of Orange by deed recorded June 11, 1943 in Book 1196, page
153 of Official Records.
Note. Said deed further recites: "The intersection of the Easterly line of said
Algonquin Street with the Southerly line of Wintersburg Avenue shall be rounded
with a curve having a radius of _20 feet. "
The record owner of the herein described land did not join in the execution
thereof.
4. A Community Oil and Gas Lease dated January 1, 1955, executed by the County
of Orange, a body politic and corporate, as lessor, and by Golden West Oil
Corporation, as lessee, recorded January 7, 1955 in Book 2918, page 337 of
Official Records, to which record reference is made for full particulars.
The record owners of the herein described land .did not join in the execution of
said lease.
Note. By an instrument dated December 13, 1955, executed by Department of
Natural Resources, Division of Oil and Gas of the State of California, recorded
December 15, 1955 in Book 3318, page 325 of Official Records, the herein des-
cribed land was made a part of said Community Oil and Gas Lease.
5. An Action commenced May 19, 1964 in the Orange County Superior Court, Case
No. 124103 entitled City of Huntington Beach, a municipal corporation, plaintiff,
vs. Albert Fischer, Robert Alexander and others, defendants, to condemn a
portion of said land for the purpose of the construction of street improvements.
Notice of the pendency of said action was recorded May 19, 1964 in Book 7051,
page 353 of Official Records. 3
Form No 1056 4 871719
All Policy Forms
SCHEDULE C
The land referred to In this policy Is situated in the State of California , County
of Orange, City of Huntington Beach and is described as follows:
The West 100 feet of the North 50 feet and the South 50 feet of the North 100
feet of the West 50 feet of Lot 1 in Block 17 of Tract No. 86, Coast Boulevard
Farms, as shown on a Map recorded in Book 10, pages 35 and 36 of Miscellaneous
Maps, records of Orange County, California.
Excepting and reserving unto grantors all oil, gas and other hydrocarbon sub-
stances lying below a depth of 500 feet from the surface thereof but without
right of surface entry, as reserved in the deed from Abram Strausberg and wife,
recorded March 10, 1961 in Book 5652, page 698 of Official Records.
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Orange- Courttp-Tttle Company '
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This Map Is a Copy of the Map Prepared by the County Assessor of the County of Orange and N
Is Not to be Construed as a Part of This Title Evidence
Ca ifornia La d Title A'sociation '
Standard Coverage Polity Form
Copyright 1963 A M E jl �,y�' /(/' �✓' �,��"
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POLICY OF TITLE INSURANCE
ISSUED THROUGH THE OFFICE OF
Ora nf'e CO u n ty Title COmpa ny
FIRST AMERICAN TITLE INSURANCE & TRUST COMPANY, a California corporation, herein called the
Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of
which are shown in Schedule A, hereby insures 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 exceeding the amount stated in Schedule A, together with costs,
attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions
and 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
2 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 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 Schedule
B or in the Conditions and Stipulations, said mortgage being shown in Sched-
ule 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, First American Title Insurance & Trust Company has caused its corporate name and seal to
be hereunto affixed by its duly authorized officers, on the date shown in SCHEDULE A
° First American Title Insurance & Trust Company
� BY PRESIDENT
ATTEST SECRETARY
California Land Title Association
Standard Coverage Policy Form
Copyright 1963
Form 1084
CONDITIONS AND STIPULATIONS
1 DEFINITION OF TERMS upon an alleged defect,hen or encumbrance insured (c) No claim for damages shall anse or be
The following terms when used in this policy against by this policy,and may pursue any litigation maintainable under this policy (1) if the Company,
mean to final determination in the court of last tesort after having received notice of an alleged defect,lien
(a) "land" the land described, specifically or (b) In case any such action or proceeding shall or encumbrance not excepted or excluded herein re-
be begun, or defense interposed, or in case knowl- moves such defect, lien or encumbrance within a
by reference,in Schedule C and improvements affixed
edge shall come to the Insured of any claims of title reasonable time after receipt of such notice, or (2)
thereto which by law constitute real property,
(b) "public records" those records which un- or interest which is adverse to the title of the estate for liability voluntarily assumed by the Insured in
part constructive notice of matters cords to sand or interest or hen of the mortgage as insured, or settling any claim or suit without written consent of
land, which might cause loss or damage for which the the Company,or (3) in the event the title is rejected
(c) "knowledge" actual knowledge, not con- Company shall or may be liable by virtue of this as unmarketable because of a defect,lien or encum-
policy,or if the Insured shall in good faith contract brance not excepted or excluded in this policy, until
strucrive knowledge or notice which may be of co
to the Insured by reason of any public records, to sell the indebtedness secured by a mortgage cov- there has been a final determination by a court of
(d) "date" the effective date, ered by this policy, or, if an Insured in good faith competent junsdiction sustaining such rejection
(e) "mortgage" mortgage, deed of trust,trust leases or contracts to sell,lease or mortgage the same, (d) All payments under this policy,except pay-
deed,or other security instruments, and or if the successful bidder at a foreclosure sale under ments made for costs, attorneys' fees and expenses,
a mortgage covered by this policy refuses to purchase shall reduce the amount of the insurance pro tanto
(f) "insured" the party or parties named as
and in any such event the title to said estate or and no payment shall be made without producing
Insured,and if the owner of the indebtedness secured n a mortgage shown in Schedule B is named as an interest is rejected as unmarketable,the Insured shall this policy for endorsement of such payment unless
by Insured in Schedule the Insured shall include (1) notify the Company thereof in writing If such notice the policy be lost or destroyed, in which case proof
each successor in interest ownership of such 1) shall not be given to the Company within ten days of such loss or destruction shall be furnished to the
debtedness, (2) any such owner who acquires the of the receipt of process or pleadings or if the Insured satisfaction of the Company, provided, however, if
estate or interest referred to in this policy it fore- shall not, in writing, promptly notify the Company the owner of an indebtedness secured by a mortgage
closure,trustee's sale, re other legal manner in saris- of any defect, lien or encumbrance insured against shown in Schedule B is an Insured herein then such
faction of said indebtedness, and (3) any federal which shall come to the knowledge of the Insured, payments shall not reduce pro tanto the amount of
agency orsaid indebtedness,
which n an insurer or guar- or if the Insured shall not,in writing,promptly notify the insurance afforded hergunder as to such Insured,
antor under instrumentality insurance contract or guaranty in guar-
he Company of any such rejection by reason of except to the extent that such payments reduce the
rng or guaranteeing said indebtedness, or any part claimed unmarketablli of title, then all liability of amount of the indebtedness secured by such mort-
thereof,whether named as an Insured herein or not, the Company in regard to the subject matter of such gage Payment in full by any person or voluntary
subject otherwise a the provisions hereof action, proceeding or matter shall cease and termi- satisfaction or release by the Insured of a mortgage
nate, provided, however, that failure to notify shall covered by this policy shall terminate all liability of
in no case prejudice the claim of any Insured unless the Company to the insured owner of the indebted-
2 BENEFITS AFTER ACQUISITION OF TITLE the Company shall be actually prejudiced by such ness secured by such mortgage, except as provided
If an insured owner of the indebtedness secured by failure and then only to the extent of such prejudice in paragraph 2 hereof
a mortgage described in Schedule B acquires said (c) The Company shall have the right at its (e) When liability has been definitely fixed in
estate or interest,or any part thereof,by foreclosure, own cost to institute and prosecute any action or accordance with the conditions of this policy the loss
r
trustee's sale, or other legal manner in satisfaction proceeding o do any other act which in its opinion or damage shall be payable within thirty days there-
of said indebtedness, or any part thereof, or if a may be necessary or desirable to establish the title after
federal agency or instrumentality acquires said estate of the estate or interest or the lien of the mortgage
or interest, or any part thereof, as a consequence of as insured, and the Company may take any appro- 8 LIABILITY NONCUMULATIVE
an insurance contract or guaranty insuring or guaran- priate action under the terms of this policy whether It is expressly understood that the amount of this
teeing the indebtedness secured by a mortgage cov- or not it shall be liable thereunder and shall not policy is reduced by any amount the Company may
ered by this polio or an part thereof, this thereby concede liability or wave any provision of
y, y policy this policy pay under any policy insuring the validity or pn-
shall continue in force in favor of such Insured, ority of any mortgage shown or referred to in Sched-
agency or instrumentality, subject to all of the con- (d) In all cases where this policy permits or ule B hereof or any mortgage hereafter executed by
ditions and stipulations hereof requires the Company to prosecute or provide for the Insured which is a charge or hen on the estate
the defense of any action or proceeding,the Insured or interest described or referred to in Schedule A,
shall secure to it the right to so prosecute or provide and the amount so paid shall be deemed a payment
3 EXCLUSIONS FROM THE COVERAGE defense in such action or proceeding,and all appeals to the Insured under this policy The provisions of
OF THIS POLICY therein,and permit it to use, at its option, the name this paragraph numbered 8 shall not apply to an
of This policy does not insure against loss or damage by he Insured for such the he Company the Insured shalurpose Whenever vethe Company Insured owner of h indebtedness secured by a d ac-
by reason of the following all reasonable aid in an such action or proceeding, gage shown in Schedule B unless such Insured ic-
y quires title to said estate or interest in satisfaction
(a) Any law,ordinance or governmental regu- in effecting settlement, securing evidence, obtaining of said indebtedness or any part thereof
lation (including but not limited to building and witnesses, or prosecuting or defending such action
zoning ordinances) restricting or regulating or pro- or proceeding, and the Company shall reimburse the g SUBROGATION UPON PAYMENT
hibiting the occupancy,use or enjoyment of the land, Insured for any expense so incurred
or regulating the character, dimensions, or location OR SETTLEMENT
of any improvement now or hereafter erected on said 5 NOTICE OF LOSS—LIMITATION OF ACTION Whenever the Company shall have settled a claim
land, or prohibiting a separation in ownership or a under this policy, all right of subrogation shall vest
reduction in the dimensions or area of any lot or In addition to the notices required under para- in the Company unaffected by any act subrogation
the Insured,
parcel of land graph 4(b), a statement in writing of any loss or and it shall be subrogated to and be entitled to all
(b) Governmental rights of police power or damage for which it is claimed the Company is liable rights and remedies which the Insured would have
eminent domain unless notice of the exercise of such under this policy shall be furnished to the Company had against any person or property in respect to such
rights appears in the public records at the date within sixty days after such loss or damage shall have claim had this policy not been issued If the payment
hereof been determined and no right of action shall accrue does not cover the loss of the Insured,the Company
(c) Title to any property beyond the lines of to the Insured under this policy until thirty days hall be subrogated to such rights and remedies in
the land expressly described in Schedule C, or title after such statement shall have been furnished, and the proportion which said payment bears to the
to streets, roads, avenues, lanes, ways or waterways no recovery shall be had by the Insured under this amount of said loss If loss should result from any
on which such land abuts, or the right to maintain policy unless action shall be commenced thereon act of the Insured,such act shall not void this policy,
therein vaults, tunnels, ramps or any other structure within five years after expiration of said thirty day but the Company,in that event,shall be required to
or improvement, or any rights or easements therein period Failure to furnish such statement of loss or pay only that part of any losses insured against here-
unless this policy specifically provides that such damage,or to commence such action within the time under which shall exceed the amount,if any,lost to
property,rights or easements are insured,except that herembefore specified, shall be a conclusive bar he Company by reason of the impairment of the
if the land abuts upon one or more physically open against maintenance by the Insured of any action right of subrogation The Insured,if requested by the
streets or highways this policy insures the ordinary under this policy
rights of abutting owners for access to one of such Company, shall transfer to the Company all and remedies against any person or property neces-
streets or highways, unless otherwise excepted or 6 OPTION TO PAY, SETTLE OR sary in order to perfect such right of subrogation,,and
excluded herein COMPROMISE CLAIMS shall permit the Company to use the name of the
(d) Defects, hens, encumbrances, adverse Insured in any transaction or litigation involving
claims against the title as insured or other matters The Company shall have the option to pay or settle such rights or remedies
(1) created, suffered, assumed or agreed to by the or compromise for or in the name of the Insured any If the Insured is the owner of the indebtedness
Insured claiming loss or damage, or (2) known to claim insured against or to pay the full amount of secured by a mortgage covered by this policy, such
the Insured Claimant either at the date of tlus policy this policy, or, in case loss is claimed under this Insured may release or substitute the personal liabil-
or at the date such Insured Claimant acquired an policy by the owner of the indebtedness secured by ity of any debtor or guarantor,or extend or otherwise
estate or interest insured by this policy and not shown a mortgage covered by this policy,the Company shall modify the terms of payment,or release a portion of
by the public records, unless disclosure thereof in have the option to purchase said indebtedness, such he estate or interest from the lien of the mortgage,
writing by the Insured shall have been made to the purchase, payment or tender of payment of the full or release any collateral security for the indebted-
Company prior to the date of this policy, or (3) amount of this policy, together with all costs, attor- ness, provided such act does not result in any loss
resulting in no loss to the Insured Claimant, or (4) neys' fees and expenses which the Company is obli- of priority of the hen of the mortgage
attaching or created subsequent to the date hereof gated hereunder to pay, shall terminate all liability
(e) Loss or damage which would not have been of the Company hereunder In the event,after notice 10 POLICY ENTIRE CONTRACT
sustained if the Insured were a purchaser or encum- of claim has been given to the Company by the
brancer for value without knowledge Insured, the Company offers to purchase said in- Any action or actions or rights of action that the
debtedness, the owner of such indebtedness shall Insured may have or may bring against the Company
4 DEFENSE AND PROSECUTION OF ACTIONS transfer and assign said indebtedness and the mort- arising out of the status of the lien of the mortgage
gage securing the same to the Company upon pay- covered by this policy or the title of the estate or
—NOTICE OF CLAIM TO BE GIVEN ment of the purchase price interest insured herein must be based on the provi-
BY THE INSURED sions of this policy
7 PAYMENT OF LOSS No provision or condition of this policy can be
(a) The Company,at its own cost and without waived or changed except by writing endorsed hereon
undue delay shall provide (1) for the defense of the (a) The liability of the Company under this or attached hereto signed by the President, a Vice
Insured in all litigation consisting of actions or pro- policy shall in no case exceed, in all,the actual loss President, the Secretary, an Assistant Secretary or
ceedings commenced against the Insured,or defenses, of the Insured and costs and attorneys'fees which the other validating officer of the Company
restraining orders, or injunctions interposed against Company may be obligated hereunder to pay
a foreclosure or sale of the mortgage and indebted- (b) The Company will pay,in addition to any 11 NOTICES, WHERE SENT
ness covered by this policy or a sale of the estate or loss insured against by this policy, all costs imposed
interest in said land, or (2) for such action as may upon the Insured in litigation carried on by the All notices required to be given the Company and
be appropriate to establish the title of the estate or Company for the Insured,and all costs and attorneys' any statement in writing required to be furnished the
interest or the lien of the mortgage as insured,which fees in litigation carried on by the Insured with the Company shall be addressed to it at the office which
litigation or action in any of such events is founded written authorization of the Company issued this policy
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