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Home My WebLink About1976-12-07 - Grant LASSEN, JOHN F e '.RSCORDING REQUESTED BY CITY OF HUNTINGTON BEACH 39406 --- AND WHEN RECORDED MAIL THIS DEED AND, UNLESS RECORDED AT REQUEST OF OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: 'TITLE INS. & TRUST CO- NAME�— --) EXEMPT IN OFFICIAL RECORDS of CITY CLEF( C 3 ORANGE COUNTY, CALIF. ADDRESS City of Huntington Beach 8:00AM DEC 34 7976 Po Box 190 CITYE Huntington Beach, Ca. I ` �t C nE'C r STATE l_ _1 A-' a� zip 92648 TITLE ORDER NO. `ESCROW NO. -,, //O SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED r,ree Rocoreling E equested.- s-ent�ial to acquisition Y THE UNDERSIGNED GRANTOR(s) DECLARE(s) C4+DU/aOa DOCUMENTARY TRANSFER TAX is $ computed on full value of property conveyed,or J computed on full value less value of liens or, encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Tax-Exempt-Government Agency City Of Huntington Beach John F . Lassen t;hcia "1_ W=ntworth City Clerk hereby GRANT(S) to ay:kd4 - - •- - - City of Huntington Beach, a municipal corporationDeputy City Clerk the following described real property in the city of Huntington Beach N Orange County of State of California: Lot 11 of Tract 185 as per map recorded in Book 12 page 28 of Cb Miscellaneous Maps t i i I APPROVED AS TO FORM: ( DON P. BONFA t I City � �,. Y Attorney o eY Ie�auty City Attorney December , 1976 i Dated John F . Lassen STATE OF CALIFORNIA 1-9 COUNTY -OF,-- / ac A' 4'J> SS. On f - before me,the VS undersigned, a Notary Public in and for said State, personally appeared John F Tassen — --- known to me OFFICIAL SEAL to be the person-----whose name__ 1S subscribed to the within � SARAH ALLETTO t instrument and acknowledged that h@ executed the some VOTARY PUBLIC - CALIFORNIA WITNESS my hand and o '�al seal. ? r FRIIVClPAL OFFICE IiV / LOS ANGE-LES COUNTY signatur �cc� � �;f��Z> My Commission Expires June 9, 1978 (This area or of,cw no ana sea PR.61/70 MAIL TAX STATEMENTS AS DIRECTED ABOVE. i City of Huntington Beach \, P.O. BOX 190 CALIFORNIA 92649 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated December 7, 1976 from John F. Lassen to the City of Huntington Beach a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the CITY OF HUINTINGTON BEACH, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the tecordation thereof by its duly authorized officer. Dated : EC 2 7 1976. CITY OF HUNT INGTON BEACH ALICIA M. WENTWORTH City Merk , . By " r III TU ACTION CF CITY COUNCIL Council Chamber, City Nall Nvntiagton Beach, California Monday, December 6, 1976 Manor HiSder called-the regular meeting of the City Council of the City of Huntington Reach to :dur at 7:00 P.M. Councilmen Present: 341912sj'- F, usaw- „Us re c- m sdat Sbeakman arrived A:10 P.M. Councilmen Absent: GLbkj #�4+k/rl4k SUNSET HELGIUSPARK GA The City Clerk presented a transmittal front the City Admtiaistrotor of a communication from the Director of Recreation, Parks and Kamen Services, which recommends that Council apply aseineat domain proceedings on the nine small late at the U career of Lynn and Pearce Streets in sun- set Heights owned by Mr. and Mrs. Francis Ca11o. on motion by 5henkman, second Cone, Council approved the roceewndation of staff to adjust the boundary of the Sunset K.ights ae1060rheod park site by excluding the previously approved 1.75 acres of small lots is 'Tract #1$4, 9 lour (130-136. #155, and 9136) in Tract #105 and acquiring, by eminent domain if necessary, the reastaing 9 property parcels (32 late or".92 acres) and the Evelyn Miller parcels (I acre) earth and adjacent to 'tract #105. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Sheahaaa, Miader NOES: Siebert ABSENT: Gibbs on motion by Coen, second Pattinson, Council approved the recoaftandatiom of staff to purchase 16 lots from 11 property owners within the area designated as a neighborhood park in Sanest Heights, Huntington Beach, for the one of $ LU* (19,929 sq. ft.). The motion carried by the following vote: AYES: Bartlett, Psttinson, Coen, Sheahman, kiedtr NOES: Siebert ABSENT: Gibbs *fefrik�##nMath#r #DIY 'A�krr*+4ki�* * #rYMrMirMr+k+Mth�kA�IFYe# On motion by Pattiwaon ee e IM regular mating of the City Council o?th; City o unt ngtoo Beach adjourned at to to Monday,Decufts 29.1976 at _2100 PAS in the COMMU Chub" Notiola carried. AYES: Councilmen NOES: Councilman: ABSENT: Councilmen: Alicia M. Wentworth City Clark and ex-officio Clerk of the City Council of the City ATTEST: of Kuntiagtoa`Seach, California Alicia M. Wentxorth HASU49t U. VI-Ader City Clark Mayor STATE OF CALIFORNIA } County of orange ) so: City of Huntington Desch ) Y I, ALICIA M. liENliipWR, the duly elected, qualified and acting City Clerk of the City of Huntington $eaach, California, do hereby cartify that the above and foregoing is a true and correct Excerpt of Action of the City Council of said City at their regular sedating held ON the 6th day of December 1976 . WITNESS my hand and seal of the said City of Nuatington beach this the 23rd_,day of December 19 76 Altrja X_ W&nr3GULh City Clack and as-officto Clerk of the City Council of the City of Huntington]leach, California bX: ..Lr1> f Deputy, 117 GRANT DEED (Individual) x CALIFORNIA LAND TITLE COMPANY OFFICES IN: LOS ANGELES COUNTY 90 Universal City Plaza Universal City, California 91608 Telephone (213) 760-2700 ORANGE COUNTY 1020 North Broadway Santa Ana, California 92701 Telephone (714) 547-7114 RIVERSIDE COUNTY 3610 Central Avenue Riverside, California 92506 Telephone (714) 784-2120 VENTURA COUNTY 612 Las Posas Road s Camarillo, California 93010 Telephone (805) 484-2701 SAN BERNARDINO COUNTY 248 East Highland Avenue San Bernardino, California 92404 r Telephone (714) 886-5052 x' + s TO 528 CA 11-761 Fri I TITLE INSURANCE AND TRUST Orange County Office 800 North Main Street Santa Ana,California 92702 714 547 3333 IMPOR TANT T 2835 When replying refer to • CITY OF HUNTINGTON BEACH Our No. 573308-D DEPT OF RECREATION AND PARKS HUNTINGTON BEACH, CA 92648 ATTN: NORM WORTHY Your No. LASSEN PROPERTY "— In response to the above referenced application for a policy of title insurance,Title Insurance and Trust Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of SEPTEMBER , 30 , 19 76,at7:30am. H. F. LAWRENCE Title Officer The estate or interest in the land hereinafter described or referred to covered by this Report is a fee. Title to said estate or interest at the date hereof is vested in: J. F. LASSEN. At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1. TAXES AND BONDS TO FOLLOW. 2. AN EASEMENT OVER SAID LAND FOR STREETS, PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 18.5, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMERLY LONG BEACH TRUST AND SAVINGS BANK RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS AND OTHER DEEDS OF RECORD. AFFECTS: LOTS 1 -TO 156 INCLUSIVE. ATICOR COMPANY TO 1867 (10-74) 3 . OTHER MATTERS OF RECORD WHICH DO NOT DESCRIBE SAID LAND, BUT WHICH, IF ANY EXIST, MAY AFFECT THE TITLE. THE NECESSARY SEARCH AND EXAMINATION WILL BE COMPLETED WHEN A STATEMENT OF INFORMATION HAS BEEN RECEIVED FROM RECORD OWNER. DESCRIPTION: LOT 11 OF TRACT NO. 185 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF GRANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 12 PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. I i TO 236.4 D (7-75) - 167 23 23' •2.3 ' ' • 21 2G' 2�' RL.oj° �2 ! I 9 8 7 6 s h Q `13 !•f 4(7 18 19 Ro z,/ 2z z3 zIL rk Q q i a9` 3-r 3¢ 33 Y2 29 28 27 26 2JI 37 `j S 39 F 14R IL f7 f11 c m Go 59 59 57 o �5� 5� '> 3 52 5I So 49 Flo/ ' IX4 t e7 7/ 72• •8¢ 3 $2 f�/ BU 79 ev 77 7,1 73. c Ss 8 P' 38 89 9j 97 92 1-3 -9"'1 9s 96, /07 104 (G7 Io2 ir,z •�33 i3f � Q M I f . �. .. 2s� 2 6' 16,)3 _ PE4 R C E 90 • of K -21 0 This is not a survey of the land, but is compiled for information only, nor is it a part of the leport or policy to which it may be attached. f.; JTITLE INSURANCE AND TRUST ATICOR COMPANY X J Policy of Title Insurance SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF,TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title;or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact,abuts upon one or more such streets or highways; and in addition,as to an insured lender only; 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury,or b. any consumer credit protection ortruth in lending law; I 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority;or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. Title Insurance and Trust Cdrrfpany by , 'President Copy of Policy No additiona{`tiabihty assumed TO 1012 TI-T(10-75)California Land Title Association Standard Coverage Policy-1973 Schedule B Part 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. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency 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 the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to 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 the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. Conditions and Stipulations 1. Definition of Terms ignated in paragraph 2(a)of these Conditions and Stipulations. The following terms when used in this policy mean: (b.) "insured claimant'':an insured claiming loss or damage (a.) "insured":the insured named in Schedule A,and,subject to hereunder. any rights or defenses the Company may have had against the (c.) "insured lender":the owner of an insured mortgage. named insured,those who succeed to the interest of such insured by (d.) "insured mortgage":a mortgage shown in Schedule B,the operation of law as distinguished from purchase including, but not owner of which is named as an insured in Schedule A. limited to, heirs,distributees,devisees,survivors,personal repre- (e.) "knowledge'':actual knowledge, not constructive knowledge sentatives,next of kin,or corporate or fiduciary successors.The or notice which may be imputed to an insured by reason of any term''insured''also includes(i)the owner of the indebtedness public records, secured by the insured mortgage and each successor in ownership of (f.) "land":the land described specifically or by reference in such indebtedness(reserving,however,all rights and defenses as to Schedule C,and improvements affixed thereto which by law con- any such successor who acquires the indebtedness by operation of stitute real property; provided, however,the term"land"does not law as described in the first sentence of this subparagraph(a)that include any area excluded by Paragraph No.6 of Part I of Schedule the Company would have had against the successor's transferor), B of this Policy. and further includes(ii)any governmental agency or instrumentality (g.) ''mortgage": mortgage,deed of trust,trust deed,or other which is an insurer or guarantor under an insurance contract or guar- security instrument. anty insuring or guaranteeing said indebtedness,or any part thereof, (h.) "public records'':those records which by law impart con- whether named as an insured herein or not,and(iii)the parties des- structive notice of matters relating to the land. (CONDITIONS AND STIPULATIONS Continued on the inside of the Last Page of This Poilcy) i Sedule A No. Date of Policy: 573308—.D DECEMBER 0 1976 AT 8:00 Amount of Insurance: Premium $ 1, 500. 00 $ 100 0 1. Name of Insured CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 2. The estate or interest referred to herein is at Date of Policy vested in: CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION. 3. The estate or interest in the land described in Schedule C and which is covered by this policy is a fee. Schedule B This policy does not insure against loss or damage. nor against costs. attorneys' fees or expenses, any or all of which arise by reason of the following: Part l All matters set forth in paragraphs numbered 1(one) to 11(eleven) inclusive on the inside cover sheet of this policy under the heading of Schedule B Part 1. Part 11 1. SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1976-1977.. AMOUNT $27. 80. 2. AN EASEMENT OVER SAID LAND AND STREETS FOR PIPE LINES, ROADS, POWER LINES AND TELEPHONE LINES, AND INCIDENTAL PURPOSES FOR THE BENEFIT OF OTHER OWNERS IN SAID TRACT NO. 185, AS RESERVED IN THE DEED FROM SECURITY TRUST AND SAVINGS BANK (FORMER LONG BEACH TRUST AND SAVINGS BANK) RECORDED JANUARY 16, 1922 IN BOOK 410 PAGE 336 OF DEEDS OF RECORD. /(CONDITIONS AND STIPULATIONS Continued From Reverse Side of Policy Face) 2. (a.)Continuation of Insurance after Acquisition of Title by ecuting or defending such action or proceeding,and(2) in any Insured Lender other act which in the opinion of the Company may be necessary or If this policy insures the owner of the indebtedness secured by the desirable to establish the title to the estate or interest or the lien of insured mortgage,this policy shall continue in force as of Date of the insured mortgage,as insured,including but not limited to Policy in favor of such insured who acquires all or any part of said executing corrective or other documents. estate or interest in the land described in Schedule C by foreclosure, q. Proof of Loss or Damage—Limitation of Action trustee's sale,conveyance in lieu of foreclosure,or other legal man- ner In addition to the notices required under Paragraph 3(b)of these insured is which discharges the lien the insured mortgage,and if such Conditions and Stipulations,a proof of loss or damage,signed and acquired, a corporation, its transferee provided the transferee is the parent or wholly owned sferee of the estate or interest so sworn to by the insured claimant shall be furnished to the Company subsidiary of such insured;and in favor of any governmental agency within 90 days after the insured claimant shall ascertain or deter- or instrumentality which acquires all or any part of the estate or mine the facts giving rise to such loss or damage.Such proof of loss interest pursuant to a contract of insurance or guaranty insuring or or damage shall describe the defect in,or lien or encumbrance on guaranteeing the indebtedness secured by the insured mortgage. the title,or other matter insured against by this policy which con- After any such acquisition the amount of insurance hereunder, stitutes the basis of loss or damage,and,when appropriate,state the exclusive of costs,attorneys'fees and expenses which the Company basis of calculating the amount of such loss or damage. may be obligated to pay,shall not exceed the least of: Should such proof of loss or damage fail to state facts sufficient to (i) the amount of insurance stated in Schedule A; enable the Company to determine its liability hereunder,insured (ii)the amount of the unpaid principal of the indebtedness plus claimant,at the written request of the Company,shall furnish such interest thereon,as determined under paragraph 6(a) (iii)hereof, additional information as may reasonably be necessary to make such expenses of foreclosure and amounts advanced to protect the lien of determination. the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land;or No right of action shall accrue to insured claimant until days (iii)the amount paid by any governmental agency or instrumentality, after such proof of loss or damage shall have been furnisshh ed. if such agency or instrumentality is the insured claimant,in Failure to furnish such proof of loss or damage shall terminate any acquisition of such estate or interest in satisfaction of its insurance liability of the Company under this policy as to such loss or damage. contract or guaranty. 5. Options to Pay or Otherwise Settle Claims and Options to (b.)Continuation of Insurance After Conveyance of Title Purchase Indebtedness The coverage of this policy shall continue in force as of Date of The Company shall have the option to pay or otherwise settle for or Policy,in favor of an insured so long as such insured retains an in the name of an insured claimant any claim insured against,or to estate or interest in the land,or owns an indebtedness secured by a terminate all liability and obligations of the Company hereunder by purchase money mortgage given by a purchaser from such insured, paying or tendering payment of the amount of insurance under this or so long as such insured shall have liability by reason of covenants policy together with any costs,attorneys'fees and expenses of warranty made by such insured in any transfer or conveyance of incurred up to the time of such payment or tender of payment by such estate or interest; provided, however,this policy shall not the insured claimant and authorized by the Company. In case loss or continue in force in favor of any purchaser from such insured of damage is claimed under this policy by the owner of the indebted- either said estate or interest or the indebtedness secured by a ness secured by the insured mortgage,the Company shall have the purchase money mortgage given to such insured. further option to purchase such indebtedness for the amount owing 3. Defense and Prosecution of Actions—Notice of Claim to be thereon together with all costs,attorneys'fees and expenses which Given by an Insured Claimant the Company is obligated hereunder to pay. If the Company offers (a.)The Company,at its own cost and without undue delay,shall to purchase said indebtedness as herein provided,the owner of such provide for the defense of an insured in litigation to the extent that indebtedness shall transfer and assign said indebtedness and the such litigation involves of alleged defect, lien,encumbrance or other mortgage and any collateral securing the same to the Company upon matter insured against a this policy. payment therefor as herein provided.Upon such offer being made b. The insured shall notify the Company by the Company,all liability and obligations of the Company here- (b) y p y promptly in writing(i)in under to the owner of the indebtedness secured by said insured case of any litigation as set forth in (a)above, (ii) in case knowledge mortgage,other than the obligation to purchase said indebtedness shall come to an insured hereunder of any claim of title or interest pursuant to this paragraph,are terminated. which is adverse to the title to the estate or interest or the lien of the insured mortgage,as insured,and which might cause loss or 6. Determination and Payment of Loss damage for which the Company may be liable by virtue of this (a.)The liability of the Company under this policy shall in no case policy,or(iii)if title to the estate or interest or the lien of the exceed the least of: insured mortgage,as insured, is rejected as unmarketable. If such (i)the actual loss of the insured claimant;or prompt notice shall not be given to the Company,then as to such (ii)the amount of insurance stated in Schedule A,or,if applicable, insured all liability of the Company shall cease and terminate in the amount of insurance as defined in paragraph 2(a)hereof;or regard to the matter or matters for which such prompt notice is (iii) if this policy insures the owner of the indebtedness secured by required; provided,however,that failure to notify shall in no case the insured mortgage,and provided said owner is the insured claim- prejudice the rights of any such insured under this policy unless the ant,the amount of the unpaid principal of said indebtedness,plus Company shall be prejudiced by such failure and then only to the interest thereon, provided such amount shall not include any addi- extent of such prejudice. tional principal indebtedness created subsequent to Date of Policy, (c.)The Company shall have the right at its own cost to institute except as to amounts advanced to protect the lien of the insured and without undue delay prosecute any action or proceeding or to mortgage and secured thereby. do any other act which in its opinion may be necessary or desirable (b.)The Company will pay, in addition to any loss insured against to establish the title to the estate or interest or the lien of the by this policy,all costs imposed upon an insured in litigation carried insured mortgage,as insured;and the Company may take any appro- on by the Company for such insured,and all costs,attorneys'fees priate action,whether or not it shall be liable under the terms of and expenses in litigation carried on by such insured with the this policy,and shall not thereby concede liability or waive any written authorization of the Company. provision of this policy. (d.)Whenever the Company shall have brought any action or inter- (c.)When the amount of loss or damage has been definitely fixed in posed a defense as required or permitted by the provisions of this accordance with the conditions of this policy,the loss or damage the Com an may shall be payable within 30 days thereafter. policy, Company y pursue any such litigation to final deter- mination by a court of competent jurisdiction and expressly reserves 7. Limitation of Liability the right, in its sole discretion,to appeal from any adverse judgment No claim shall arise or be maintainable under this policy(a)if the or order. Company,after having received notice of an alleged defect,lien or (e.) In all cases where this policy permits or requires the Company encumbrance insured against hereunder, by litigation or otherwise, to prosecute or provide for the defense of any action or proceeding, removes such defect,lien or encumbrance or establishes the title,or the insured hereunder shall secure to the Company the right to so the lien of the insured mortgage,as insured,within a reasonable prosecute or provide defense in such action or proceeding,and all time after receipt of such notice; (b) in the event of litigation until appeals therein,and permit the Company to use,at its option,the there has been a final determination by a court of competent juris- name of such insured for such purpose.Whenever requested by the diction,and disposition of all appeals therefrom,adverse to the title Company,such insured shall give the Company,at the Company's or to the lien of the insured mortgage,as insured,as provided in expense,all reasonable aid(1) in any such action or proceeding in paragraph 3 hereof;or(c)for liability voluntarily admitted or effecting settlement,securing evidence,obtaining witnesses,or pros- assumed by an insured without prior written consent of the Company. (CONDITIONS AND STIPULATIONS Continued and Concluded on Reverse Side of This Page) (CONDITIONS AND STIPULATIONS Continued and Concluded From Reverse Side of This Page) S. Reduction of Insurance;Termination of Liability priority of the lien of the insured mortgage and does not result in All payments under this policy,except payment made for costs, any loss of priority of the lien of the insured mortgage.The Company attorneys'fees and expenses,shall reduce the amount of the insur- shall be subrogated to and be entitled to all rights and remedies ance pro tanto; provided,however, if the owner of the indebtedness which such insured claimant would have had against any person secured by the insured mortgage is an insured hereunder,then such or property in respect to such claim had this policy not been issued, payments, prior to the acquisition of title to said estate or interest and the Company is hereby authorized and empowered to sue,com- as provided in paragraph 2(a)of these Conditions and Stipulations, promise or settle in its name or in the name of the insured to the shall not reduce pro tanto the amount of the insurance afforded full extent of the loss sustained by the Company. If requested by hereunder as to any such insured,except to the extent that such the Company,the insured shall execute any and all documents to payments reduce the amount of the indebtedness secured by such evidence the within subrogation. If the payment does not cover the mortgage. loss of such insured claimant,the Company shall be subrogated to such rights and remedies in the proportion which said payment Payment in full by any person or voluntary satisfaction or release of bears to the amount of said loss,but such subrogation shall be in the insured mortgage shall terminate all liability of the Company to subordination to an insured mortgage. If loss should result from any an insured owner of the indebtedness secured by the insured mort- act of such insured claimant,such act shall not void this policy,but gage,except as provided in paragraph 2(a) hereof. the Company, in that event,shall as to such insured claimant be required to pay only that part of any losses insured against here- 9. Liability Noncumulative under which shall exceed the amount, if any,lost to the Company It is expressly understood that the amount of insurance under this by reason of the impairment of the right of subrogation. policy as to the insured owner of the estate or interest covered by this policy,shall be reduced by any amount the Company may pay 11. Liability Limited to this Policy under any policy insuring(a)a mortgage shown or referred to in This instrument together with all endorsements and other instru- Schedule B hereof which is a lien on the estate or interest covered ments, if any,attached hereto by the Company is the entire policy by this policy,or(b)a mortgage hereafter executed by an insured and contract between the insured and the Company.Any claim of which is a charge or lien on the estate or interest described or referred loss or damage,whether or not based on negligence,and which to in Schedule A,and the amount so paid shall be deemed a payment arises out of the status of the lien of the insured mortgage or of the under this policy.The Company shall have the option to apply to title to the estate or interest covered hereby,or any action asserting the payment of any such mortgage any amount that otherwise would such claim,shall be restricted to the provisions and Conditions and be payable hereunder to the insured owner of the estate or interest Stipulations of this policy. covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either The provisions of this paragraph 9 shall not apply to an owner of the President,a Vice President,the Secretary,an Assistant Secretary, the indebtedness secured by the insured mortgage,unless such or validating officer or authorized signatory of the Company. insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, 10. Subrogation Upon Payment or Settlement in which case proof of such loss or destruction shall be furnished Whenever the Company shall have paid or settled a claim under this to the satisfaction of the Company. policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant,except that the owner of the 12. Notices,Where Sent indebtedness secured by the insured mortgage may release or substi- All notices required to be given the Company and any statement in tute the personal liability of any debtor or guarantor,or extend or writing required to be furnished the Company shall be addressed to otherwise modify the terms of payment,or release a portion of the it at the office which issued this policy or to its Home Office,433 estate or interest from the lien of the insured mortgage,or release South Spring Street, P.O.Box 2586, Los Angeles,California 90051. any collateral security for the indebtedness,provided such act occurs prior to receipt by such insured of notice of any claim of 13. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE title or interest adverse to the title to the estate or interest or the CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. -i m z D in 1 C O LZO)D 9 m a y z Z C in 'i, e