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HomeMy WebLinkAbout1978-05-25 - Grant SILVA, ESTHER D AP #2*1-41 code 4-001 21-42 0 • -�XrowwNNo. a5 25-071-43 6�, ! 2722PUG ! 891 Lean No. 2'725 EXEMPT RECORDED AT REQUEST OF C 2 LAWYERS TITLE INSURANCE CORP. WHEN RECORDED MAIL TO: IR OFFICIAL RECORDS OF. City Clerk ORANGE COUNTY, CALIFORr4lA City of Huntington Beach 8:00A.M. JUN 20 1978 P.O. BOX 190 LEE A. BRANCH,County Recorder Huntington Beach, Calif.. 9264 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: City Clerk DOCUMENTARY TRANSFER TAX $............................................... ..Computed on the consideration or value of property conveyed; OR City of Huntington Beach 4003 ...Computed on the consideration or value less liens or encumbrances P.O. BOX 190 remaining at time of sale. Huntington Beach, Calif. 92648 Signature of Declarant or Agent determining tax— Firm Name GRANT DEED Tax-Exempt-Government Agency City of Huntington Beach Alicia M. Wentworth 9 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ,QCity Clerk O ESTHER D. SILVA, (WD) By:am-- DeputCy Clerk 03 hereby GRANT(S) to The City of Huntington Beach, a municipal corporation the real property in the City of Huntington Beach County of Orange State of California, described as Parcels 2 ,4 , and Parcel "A" as shown on a map recorded in Book 91 page 32 of parcel maps records of Orange County. APPROVED AS TO FORM: City Attorney Deputy City Attorney Dated / a-5 �7 STATE OF CALIFORNIA COUNTY OF �i�'/✓�� j ss. �Sr ����/ Esther D. Silva On _ before me, je undersigned, a Notary Public in and for said ". State, personally ap�� / v� ���"' oo♦o®®0000000®®®®o®oo®oaoo®000 t OFFICIAL SEAL M. E. COUGHLIN o known to me to be the person_ whose name ® ' NOTARY nL LIC—CALIFORNIA . subscribed o tewithin instrument and acknowledged that A PRINCIF 4_ OFFICE IN < 4 �' ® GRANGE COUNTY executed the same. o My Commission Expires March 20, 1979 e WITNESS my hand and off* "al seal. fn , Signature (This area for official notarial seal) 1002(10/69) MAIL TAX STATEMENTS AS DIRECTED ABOVE 112722, 1892 • ®J kity of Huntington Beach P . P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated ,r�? f' J r j-7 P from Esther D. silva 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 HUNTINGTON 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 recordation thereof by its duly authorized officer. Dated : May 22, 1978 CITY OF HUNTINGTON BEACH e ALICIA M. WENTWORTH ty ClerR • _.._ y; O C 'BAST SIDE ✓IL L A _ .o 20 , 66..5 - Lu I - g s3.5'2' 7 89 i 0 z 0 B K. 2304 ,a i BLK. 04 /05 Ac. N r1L K. 2I! : r m /./5 AC. 0 2,00 AC Q o - %02 66.40 20' Sl.72 66• 60• WHITES,4ND5 DRIVE i r CAL IFORS►IA 51.6°' 56.Os' •f \ 53.97• 60' Gs -7 •C.C3' 6° � - y9� r>qAC r ; PAR. co `o: 23 a' 1 21 o o 39 41 N0 8 7/ L 12 30 BLK. 203 stt.6! c eo- 3 60 •9 300• v C^ c 43 0 16 15 t4 13 !2 7 60 of• 6 5 so ___j BL K. 2403 e s /o I.o6 c. PAR.3 t 19 h 18 40 42 38 37 36 /./4 AC r.. TRACT 300• 62' _fS 33 2• i32• 33' 1 g0• GO• 70• HUNTINGTON L STRE - � Si4 vq PA,ec�'L� 2 02 Q _ q8 t EAST SIDE VILLA TRAtCT MM.. 4 -65 NOTE- ASSESSOR'S BLOCK 8 ` - TRACT NO. 8971 M.Al 367-46,47 PARCEL NUMBERS00 - SHOWN IN CIRCLES _ TRACT NO. 9175 M. M. 385-46,47 W RCEL ,v 4P j r J giv ON -06a.z5 t M. First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267)SANTA ANA,CALIFORNIA 92702 (714) 558-3211 A subsidiary of The First American Financial Corporation s e f 17. POLICY 75 California Land Title Association Standard Coverage Policy Form 1973 Lawyers Title Insurance Corporation POLICY NO. J 782-944 SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, LAWN'ERS TITLE IN- SURANCE CORPORATION, a Virginia 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, at- t orney-s fees and expenses which the Company- may become obligated to pay hereunder, sustained or incurred by said in- sured 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 or truth in lending law; 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, 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, the Company has caused this Policy to be signed and sealed, to be valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. Issued at: Santa Ana, California LawyersTifle Insurance Corporation Countersigned by: %tASUR4*, .......... re e oAtt E A L President 7f ev_�_ %lk% ek"O"O. Attest: Authorized Secretary 10M/12-77 B.P. CONDITIONS AND STIPULATIONS 1. Definition of Terms favor of any purchaser from such insured of either said estate or interest The following terms when used in this policy mean: or the indebtedness secured by a purchase money mortgage given to such insured. (a) "insured": the insured named in Schedule A, and, subject to 3. Defense and Prosecution of Actions — Notice of Claim to be any rights or defenses the Company may have had against the named Given by an Insured Claimant insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, (a) The Company, at its own cost and without undue delay, shall heirs, distributees, devisees, survivors, personal representatives, next of provide for the defense of an insured in litigation to the extent that kin, or corporate or fiduciary successors. The term "insured" also in- such litigation involves an alleged defect; lien, encumbrance or other cludes (i) the owner of the indebtedness secured by the insured mortgage matter insured against by this policy. and each successor in ownership of such indebtedness (reserving, how- (b) The insured shall notify the Company promptly in writing (i) ever, all rights and defenses as to any such successor who acquires the in case of any litigation as set forth in (a) above, 00 in case knowledge indebtedness by operation of law as described in the first sentence of shall come to an insured hereunder of any claim of title or interest this subparagraph (a) that the Company would have had against the which is adverse to the title to the estate or interest or the lien of successors transferor), and further includes 00 any governmental agency the insured mortgage, as insured, and which might cause loss or damage or instrumentality which is an insurer or guarantor under an insurance for which the Company may be liable by virtue of this policy, or (iii) contract or guaranty insuring or guaranteeing said indebtedness, or any if title to the estate or interest or the lien of the insured mortgage, port thereof, whether named as an insured herein or not, and (iii) the as insured, is rejected as unmarketable. If such prompt notice shall not parties designated in paragraph 2(a) of these Conditions and Stipu- be given to the Company, then as to such insured all liability of the lations, Company shall cease and terminate in regard to the matter or matters (b) "insured claimant": an insured claiming loss or damage here- for which such prompt notice is required; provided, however, that failure under. to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure (c) "insured lender": the owner of an insured mortgage. and then only to the extent of such prejudice. (d) "insured mortgage": a mortgage shown in Schedule 6, the (c) The Company shall have the right at its own cost to institute owner of which is named as an insured in Schedule A. and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to (e) "knowledge": actual knowledge, not constructive knowledge or establish the title to the estate or interest or the lien of the insured notice which may be imputed to an insured by reason of any public mortgage, as insured; and the Company may take any appropriate oc- records. tion, whether or not it shall be liable under the terms of this policy, (f) "land": the land described, specifically or by reference in and shall not thereby concede liability or waive any provision of this Schedule C, and improvements affixed thereto which by law constitute policy. real property; provided, however, the term "land" does not include (d) Whenever the Company shall have brought any action or inter- any area excluded by Paragraph No. 6 of Part I of Schedule 6 of this posed a defense as required or permitted by the provisions of this policy, Policy. the Company p y may pursue any such litigation to final determination by (g) "mortgage": mortgage, deed of trust, trust deed, or other a court of competent jurisdiction and expressly reserves the right, in security instrument. is sole discretion, to appeal from any adverse judgment or order. (h) "public records": those records which by law impart constructive (e) In all cases where this policy permits or requires the Company notice of matters relating to the land. to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so 2. (a) Continuation of Insurance after Acquisitioin of Title by prosecute or provide defense in such action or proceeding, and all Insured Lender. appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the If this policy insures the owner of the indebtedness secured by the Company, such insured shall give the Company, at the Company's insured mortgage, this policy shall continue in force as of Date of expense, all reasonable aid (1) in any such action or proceeding in Policy in favor of such insured who acquires all or any part of the effecting settlement, securing evidence, obtaining witnesses, or prose- estate or interest in the land described in Schedule A by foreclosure, cuting or defending such action or proceeding, and (2) in any other trustee's sale, conveyance in lieu of foreclosure, or other legal manner act which in the opinion of the Company may be necessary or desir- which discharges the lien of the insured mortgage, and if such insured able to establish the title to the estate or interest or the lien of the is a corporation, its transferee of the estate or interest so acquired, insured mortgage, as insured, including but not limited to executing provided the transferee is the parent or wholly owned subsidiary of such corrective or other documents. insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to 4. Proof of Loss or Damage — Limitation of Action a contract of insurance or guaranty insuring or guaranteeing the indebt- ednesssecured by the insured mortgage. After any such acquisition the amount of insurance hereunder, exclusive of costs, attorneys' fees Conditions and Stipulations, a proof of loss or damage, signed and and expenses which the Company may be obligated to pay, shall not sworn to by the insured claimant shall be furnished to the Company exceed the least of: within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or (i) the amount of insurance stated in Schedule A; damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes (i i) the amount of the unpaid principal of the indebtedness plus the basis of loss or damage, and, when appropriate state the basis of interest thereon, as determined under paragraph 6(o)(iii) calculating the amount of such loss or damage. hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said Should such proof of loss or damage fail to state facts sufficient insured mortgage at the time of acquisition of such estate to enable the Company to determine its liability hereunder, insured or interest in the land; or claimant, at the written request of Company, shall furnish such ad- ditional information as may reasonably be necessary to make such (iii) the amount paid by any governmental agency or instrumen- determination. tality, if such agency or instrumentality is the insured claim- No right of action shall accrue to insured claimant until 30 days ant, in acquisition of such estate or interest in satisfaction after such proof of loss or damage shall have been furnished. of its insurance contract or guaranty. Failure to furnish such proof of loss or damage shall terminate any (b) Continuation of Insurance after Conveyance of Title liability of the Company under this policy as to such loss or damage. The coverage of this policy shall continue in force as of Date of S. Options to Pay or Otherwise Settle Claims and Options to Policy, in favor of on insured so long as such insured retains an estate Purchase Indebtedness or interest in the land, or owns an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long The Company shall have the option to pay or otherwise settle for as such insured shall have liability by reason of covenants of warranty or in the name of an insured claimant any claim insured against, or made by such insured in any transfer or conveyance of such estate or to terminate all liability and obligations of the Company hereunder interest; provided, however, this policy shall not continue in force in by paying or tendering payment of the amount of insurance under this (Conditions a pulations Continued and Concluded on Last P f This Policy) CITA Siondord Policy 75 1975 SCHEDULE A Charge $ 392.00 POLICY NO. J 782-944 AMOUNT EFFECTIVE DATE ORDER NO. $ 108,000.00 June 20, 1978 at 8:00 A.M. 6349 INSURED THE CITYWT, 4CH 1. The estate or interest referred, o hecdn is at Date of Pic �tk, y go, THE CITY A l �I $ aV,3,0, > two 4 g $ 1 2. The estate or interest in the land described bf referred Co to dt I cgvered b this Policy is: A fee SCHEDULE S 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 those matters shown in Parts I and II of this Schedule: PART I 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 A, 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 laic, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjo}ment 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 laic, 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 (late 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. 6349 SCHEDULE B (Continued) PART II A-1. General and Special County Taxes. For the Fiscal Year 1978-1979, a lien not yet payable. 1. The use and control of;cienegas and natural streams of water,, if any, naturally upon, flowing across, into or by said tract, and the rights of way for and to construct irrigation or drainage ditches through said tract to irrigate or drain the adjacent land, as reserved in deeds of record. m P 2. Rights of way to cortru , , e replace and remove buildings, ��� "` t`3" t h wires, and other structures, inc "y , forth in that°pertain instrument recorded November 1, yin l of Lewes Note: By instrument recorded January 25 19 i k , page 937, Official Records, moo. at-1'mer ]Ilstiuments), all right title and intst assigned to E & S Production Corpcq o a � b 3. Aright of way act d 9 t the lot line for pipe lines f _..Ibuti� N8_ , t enter upon said land to lay, rnair � ark °re # s reserved -in the deed for Block w " ty th4e hunted the Huntington Beach Company to R. B Tiz2a recOr d` 1 ,0, "1Jeeds paz 72 4. Covenants, condors and restm' ctio� d � recorded In zs book 280, page 72, of . , hg 41 a Said covenants, cord ors aril res ctiO "'be fieel by an instrument recorded. ` ruary 2� 197 aim 12� p �`780 Official Records, instrument n 3804: YEN e rt 4 5 An easement to lay, constru 'operate, i Pai ,► renew, change the size o mod$r 1, lin for t� trrtation ff il. Petrolewn+ gas orsi ri°9h in rmeshb o t_of � s to and from same and incidental pu poses eoo , my 14, 02 i,nn hook 560, page 328, Official Records, as:.-in�e nO 5476, said 1 be located parallel to and mas_close as,:Pr t"J c i }` ' the westerly`dine of above described preini5es and to extend from the northerly to the southerly lines thereof. 6349 Note: An instrument recorded July 28, 1964 in book 7152 page 340; Official Records as instrument no. 26781 declares that said right of way shall be restricted to the westerly 10 feet of said land. Note By instrument recorded January 25, 1971 in book 9526, page 940 of Official Records as instrument no. 13204, (and by other instruments), all right, title and interest in and to said right of way was assigned to E & S- Production Corporation. 6. An oil and gas lease, affecting the premises herein stated, executes by and between the parties named herein for the term and upon the terms, covenants and conditions therein provided, dated September 20, 1944, Lucy:P. Elliott as Lessor, W. M. Elliott as Less corded December 22, 1944 in book 1296 page 117 Offici a e ,said'land.and other property. _ mR r 8and book1czWi . � 121057Note: Quitclaim deeds age 785of Official Al Reaords rights in and to the surface and subsurfaces-l:� move �aof 500 feet from the surface of theF 150R.01 feet of Block 2303 of the E 6 V,11a ' o1 ',a map recorded in book 4, page 65 of o `r oopnty, California. � ; In addition, the gui a � Q 4 of Official Records reci fNN the purpose of terminating k ta%� l �a � 4 Lucy P. Elliott, as lessor, a 22, 1944 in book 1296, ;pa 11 , ?ffic Ref gGounty. P NE" . Said matter affects. po of d ' p m 7. An easement for lic utaliti over the ste feet of the easterly 28 feet of t nortr3y 1 'fee d 1 s dcated to the City of Huntin Beachn the cep reina referred to. b 4 Said matter affects x parcel 2 =on sax reco a 4: v g 8 The effect of an of fer tp ded�Witte fog ti e t portion of said land shown as retret) ,'thee hereinabove referred to, Elk f =aQ r 6349 SCHMULE C ? , The,land referred to in this Policy is described as follows Parcels 2, 4, and Parcel W, City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in book 91 page 32 of Parcel Maps records of Orange County. m ., , W I ..e i i 25 R` $C £ ICON v IN 4 01 a a �*'A — xa. z ¢„ agyr t MA m -x �m e „ - -Im O/' •.' ,�'FO �Pou.vD hf0 SPA � Q j .5T.Ifyii°ED D/✓. O�` NG✓�S. PL`R � D 4 �7 7 NL Y PER rR. No. B97/ Ne�'sa"!3•� floc/'1 NB9'Sd.0(s E 192foc no (fo9o�"J ff _ 1",.Q Cc,L / o 1�'p .'.`..:'C, :'C•'�^ v 4A o lg5 ACRES O o 1 8 O — �roAv' o fs000' o P.4 RC,EG 3 a f'.4.ZCEL Z o '` h 8 Q.327 ACQES 4 V `O D 29Z,gCCES `O y L•O7.70' r.24 Oo h v h1 a PARCEL :Q _ FUTURE STREET •� M ti wB9'5.8,51 e Joao/' o ti' � � o o ti � o .lfoa0' 30Q 0/' ti ' .D � wB9'S7•ad..e ��o.o� ' � ` .. t lni6 � FO ! -G//i5. MA•f KS O/✓M h� � FD •f .-a✓G' •-V9 iL ?�`1 PEf TPACT B971 STQAOOLE•e T�S 1 � f✓89•ss.'sd ��n oa'7 ¢� l/T/CA A VE IV( E CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) policy -together with any costs, attorneys' fees and expenses incurred under any policy insuring (a) a mortgage shown or referred to in up to the time of such payment or tender of payment by the insured Schedule B hereof which is a lien on the estate or interest covered claimant and authorized by the Company. In case loss or damage is by this policy, or (b) a mortgage hereafter executed by an insured which claimed under this policy by the owner of the indebtedness secured by is a charge or lien on the estate or interest described or referred to in the insured mortgage, the Company shall have the further option to Schedule A, and the amount so paid shall be deemed a payment under purchase such indebtedness for the amount owing thereon together with this policy. The Company shall have the option to.apply to the payment all costs, attorneys' fees and expenses which the Company is obligated of any such mortgage any amount that otherwise would be payable hereunder to pay. If the Company offers to purchase said indebtedness hereunder to the insured owner of the estate or interest covered by this as herein provided, the owner of such indebtedness shall transfer and policy and the amount so paid shall be deemed a payment under this assign said indebtedness and the mortgage and any collateral securing policy to said insured owner. the some to the Company upon payment therefor as herein provided. Upon such offer being made by the Company, all liability and obliga- The provisions of this paragraph 9 shall not apply to an owner of tions of the Company hereunder to the owner of the indebtedness secured the indebtedness secured by the insured mortgage, unless such insured by said insured mortgage, other than the obligation to purchase said acquires title to said estate or interest in satisfaction of said indebted- indebtedness pursuant to this paragraph, are terminated. ness or any part thereof. 6. Determination and Payment of Loss 10. Subrogation Upon Payment or Settlement (a) The liability of the Company under this policy shall in no case Whenever the Company shall have paid or settled a claim under exceed the least of: this policy, all right of subrogation shall vest in the Company un- affected by any act of the insured claimant, except that the owner (i) the actual loss of the insured claimant; or of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend 00 the amount of insurance stated in Schedule A, or, if ap- or otherwise modify the terms of payment, or release a portion of the plicable, the amount of insurance as defined in paragraph estate or interest from the lien of the insured mortgage, or release any 2(o) hereof; or collateral security for the indebtedness, provided such act occurs prior (iii) if this policy insures the owner of the indebtedness secured to receipt by such insured of notice of any claim of title or interest by the insured mortgage, and provided said owner is the adverse to the title to the estate or interest or the priority of the lien insured claimant, the amount of the unpaid principal of said of the insured mortgage and does not result in any loss of priority of indebtedness, plus interest thereon, provided such amount the lien of the insured mortgage. The Company shall be subrogated to shall not include any additional principal indebtedness creat- and be entitled to all rights and remedies which such insured claimant ed subsequent to Date of Policy, except as to amounts ad- would have had against any person or property in respect to such claim vanced to protect the lien of the insured mortgage and had this policy not been issued, and the Company is hereby authorized secured thereby. and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the (b) The Company will pay, in addition to any loss insured against Company. If requested by the Company, the insured shall execute any by this policy, all costs imposed upon an insured in litigation carried and all documents to evidence the within subrogation. If the payment on by the Company for such insured, and all costs, attorneys' fees and does not cover the loss of such insured claimant, the Company shall expenses in litigation carried on by such insured with the written be subrogated to such rights and remedies in the proportion which said authorization of the Company. payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from (c) When the amont of loss or damage has been definitely fixed any act of such insured claimant, such act shall not void this policy, in accordance with the conditions of this policy, the loss or damage but the Company, in that event, shall as to such insured claimant be shall be payable within 30 days thereafter. required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason 7. Limitation of Liability of the impairment of the right of subrogation. No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien 11. Liability Limited to this Policy or encumbrance insured against hereunder, by litigation or otherwise, This instrument together with all endorsements and other instruments, removes such defect, lien or encumbrance or establishes the title, or if any, attached hereto by the Company is the entire policy and contract the lien of the insured mortgage, as insured, within a reasonable time between the insured and the Company. after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and Any claim of loss or damage, whether or not based on negligence, disposition of all appeals therefrom, adverse to the tittle or to the lien and which arises out of the status of the lien of the insured mortgage of the insured mortgage, as insured, as provided in paragraph 3 hereof; or of the title to the estate or interest covered hereby, or any action or (c) for liability voluntarily admitted or assumed by an insured with- asserting such claim, shall be restricted to the provisions and conditions out prior written consent of the Company. and stipulations of this policy. S. Reduction of Insurance; Termination of Liability No amendment of or endorsement to this policy can be made except All payments under this policy, except payment made for costs, at- by writing endorsed hereon or attached hereto signed by either the torneys' fees and expenses, shall reduce the amount of the insurance President, a Vice President, the Secretary, an Assistant Secretary, or pro tanto; provided, however, if the owner of the indebtedness secured validating officer or authorized signatory of the Company. by the insured mortgage is an insured hereunder, then such payments, No payment shall be made without producing this policy for endorse- prior to the acquisition of title to said estate or interest as provided ment of such payment unless the policy be lost or destroyed, in which in paragraph 2(a) of these Conditions and Stipulations, shall not reduce case proof of such loss or destruction shall be furnished to the satis- pro tonto the amount of the insurance afforded hereunder as to any faction of the Company. such insured except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. 12. Notices, Where Sent Payment in full by any person or voluntary satisfaction or release All notices required to be given the Company and any statement in of the insured mortgage shall terminate all liability of the Company writing required to be furnished the Company shall be delivered to its to an insured owner of the indebtedness secured by the insured mort- Home Office, 3800 Cutshaw Avenue, P.O. Box 27567, Richmond, Vir- gage, except as provided in paragraph 2(a) hereof, ginia, 23261, or to its California State Office, 3030 West Sixth Street, P.O. Box 54385, Los Angeles, California 90054. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this 13. THE CHARGE SPECIFIED IN SCHEDULE A IS THE ENTIRE policy, as to the insured owner of the estate or interest covered by CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE this policy, shall be reduced by any amount the Company may pay INSURANCE. POI1C Serving the Nation y Coast to Coast Lawyers Title of insurance Corporation Title IrlsurdrlCe California State Office i L 3435 Wilshire Boulevard Los Angeles,California 90010 --- f � � c- M. N• 61mt9e " = 11 r "" Lawyers Title insurance Corporation LAWYERS TITLE SERVICE AVAILABLE THROUGHOUT THE UNITED STATES, CANADA, PUERTO RICO AND THE VIRGIN ISLANDS. NATIONAL DIVISION OFFICES: -'� ATLANTA, CHICAGO, DALLAS, DETROIT, LOS ANGELES, NEW YORK, RICHMOND, SAN FRANCISCO, WASHINGTON, Lawyers P OVER 650 BRANCH AND AGENCY OFFICES. 7it1VMORE THAN 2 APPROVED ATTORNEYS ARE LOCATED THROUGHOUT THE OPERATING TERRITORY. insurance Corporationjk% �� •� 9 O� t`,.gOC1'4 OCIA2�