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1972-0127_CAPISTRANO SOUTHERN VALLEY BAPTIST CHURCH_Easement Deed_9980 321F 19396 �9$071U32i. Recorded at request of, and return to: RETURN TO JACK Y. KUBOTA CONSULTING ENGINEER P. O. BOX 1095 CARLSBAD, CALIFORNIA -92006 RECORDED AT REQUEST OF FI"S7 A, ER. TIP INS. CO. IN CFF ICIAL RECORDS OF FREE j ORANGE COUNTY, CALIF. JAN 27 1972 J. WYLIE CARLYLL County Re00011N Project No. SJC 0705 Project: DEL OBISPO STREET Parcel No. SJC 23 EASEMENT DEED K FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, i CAPISTRANO SOUTHERN VALLEY BAPTIST CHURCH A CALIFORNIA CORPORATION O p do hereby GRANT to the CITY OF SAN JUAN CAPISTRANO, a perpetual easement and right of way for i SLOPE EASEMENT purposes in, on and over the real property in the City of San Juan Capistrano, County of Orange, State of California, described as: SEE EXHIBIT "Aft ATTACHED ACK n/h�GED: S CAPISTRANO SOUTHERN VALLEY BAPTIST CHURCH SUBSCRIBING WITNESS ACKNOWLEDGMENT STATE OF CALIFORNIA, COUNTI' OF. .... ORANGE -_--_-----_-__; ss. On - December 23x_-1971 -_._-___before me the undersigned, a NotaryPublic in and for said County George...............Madsen . and State, personally appeared.........--•------------_..... ......... ---•------•--------------------------•--•--....----•---... personally known to me to be the person whose name is subscribed to the within Instrument, as a Witness thereto, who being by me duly sworn, deposes and says: That...- .......resides in ...... --fir Dge.-_...-_..__-------- _. County, and that.._he. ---- was present and saw.Wlliam G.Crow _..... •....................... -- ........._.... — -- - - ...... ....... ..................... -...... -..................... . personally known to ..... .h.i.m..to be the same person.... described in and whose name .... ... i.s-......... subscribed to the within and annexed Instrument as .....tzuste.e.......... thereto, execute and deliver the same, and ........ .......... acknowl- edged to said affiant that. ... he ...... executed the same; and that said affiant subscribed ........ Uis.... name thereto as a Witness. WITNESS my hand and official seal. urn,m.....n. .mn,mnumvnnnmuumuvmunmm..rinunnnumin OFFICIAL SEAL 1 ANNA M. ODDI £v -ym.•�„ NOTARY PUn!. V; 1ALIFDRNIA = PRTN-1FV_ CFFIC E M ORANGE COUNTY MY Commission Expires April 8, 1972 F nnnnnnuwuu..... uuu..onu..m.mmm..iu............innmumuunnmminuni r r- EXHIBIT "All SJC 23 THAT PORTION OF LOT 14 IN BLOCK 2, SAN JUAN CAPISTRANO AS SHOWN ON A MAP RECORDED DECEMBER 102 1575 IN BOOK 3, PAGE 120 AND FOLLOWING, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 OF TRACT N0. 7251, AS SHOWN ON A MAP RECORDED IN BOOK 253, PAGES 34 AND 35 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE, SOUTH 21055'5011 WEST, TEN (10.00) FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 1, THENCE, NORTH 69002130+1 WEST, 293.52 FEET TO THE TPUE POINT OF BEGINN- ING; THENCE, CONTINUING NORTH 69002130" WEST, 130.0V FEET; THENCE, NORTH 2005713011 EAST, 10.00 FEET; THENCE, SOUTH 69002'3011 EAST, 130.00 FEET; THENCE, SOUTH 20057130" WEST, 10.00 FEET TO THE POINT OF BEGINNING. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SAN JUAN CAPISTRANO) I, DONALD G. WEIDNER, City San Juan Capistrano, California, the attached instrument was duly at a regular meeting of the City San uan Capistrano held on the_ 19 71, by Unanimous vote. ss. Clerk of the City of do hereby certify that approved and accepted Council of the City of 27th day of December Donald G .Weldrier City Clerk:of tT1, City of Sam `.duan ,Capistrano • Califorhia Land Titre Association Standard Coverage Policy form Copyright 1963 SY AMERJ� 40 410 "'y 92 .Lh 4y ii 1 POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE 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, attorney's 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 Schedule B in the order of its priority. all subject, however, to the Conditions and Stipulations hereto annexed, which Conditions and Stipulations, together with Schedules A, B, and C are hereby made a part of this policy. In Witness Whereof, First American Title Insurance 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 Company BY PRESIDENT ATTEST � " A� /71� SECRETARY -Form No.. 10844 California Lend Title Association f Standard Coverage Policy Form Copyright 1963 Amount$ 2,000.00 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance$ 50_00 Effective Date January 27, 1972 at 8:00 A. M. Insured CITY OF SAN JUAN CAPISTRANO. Policy No. CR_1100436 Project No. SJC 0705 Project: Del Obispo Street Parcel Noe: SJC 20, 21, 22 and 23 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF SAN JUAN CAPISTRANO, by deeds recorded Jaxnxary 27, 1972 in Book 9980, Page 313, Book 9980, Page 316, Book 9980, Pam 319 and Book 9980, Page 321 all of Official Records. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is: An Easement as to Parcels SJC 20, 21, 22 and 23. Page 2 '•Form No. 1084-3 California Land Title Association Standard Coverage Policy Form Copyright 1963 SCHEDULE OR -1100436 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 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 mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Part Two: 1. Second installment General and Special Tao s for the fiscal year 1971-1972, Amount $956.91; Code Area 23-007, A. P. No. 121-481-01. 2. A Bond in the original amount of $4111.50 - No. 51 Series #66-1 Issued June 7, 1968 For Sewers Filed in the office of the Treasurer of San Juan Capistrano. All amounts have been paid that were due to and including December 1, 1971. Amount to pay in full prior to June 1, 1972 $2664.25. 3. A General Right of Way for water ditches and pipe lines over said land. 4. Rights of Way for road purposes over said land as laid out on the ground. 5. Rights of Way for ditch purposes conveyed to the Trabuco Water Company by deed from Teodocio Belardes, and wife, recorded October 12, 1904 in Book 106, page 349 of Deeds. 6. An Easement over that portion thereof included within a strip of land 2 feet in width, being 1 -foot on each side of the following: Beginning at a point which is 844.1 feet East of corner of Sections 1, 2, 11 and 12 in Township 8 South, Range 8 West; thence North 34° 001 East, 429 feet; thence South 410 581 East, 185 feet; thence South 410 281 East, 1070 feet, for poles and incidental purposes as granted to San Diego Consolidated Gas & Electric Company, a corporation, by deed recorded January 3, 1918 in Book 317, page 72 of Deeds. Said deed further recites as follows: "It is agreed by the parties hereto that Page 3 i OR -1100436 said cross arms may be of any length riot exceeding 10 feet, and may extend 5 feet on each side of the center line of said strip of land and over the land of the Grantor." 7. An Easement for road purposes over that portion included within McKinley Avenue, as conveyed to the County of Orange by deed recorded May 13, 1920 in Book 360, page 32 of Deeds. B. An Easement for road purposes over that portion included within McKinley Avenue, as conveyed to the County of Orange by deed recorded September 10, 1930 in Book 418, page 276 of Official Records. 9. The Terms, conditions, rights of way for pipe lines and certain easements for ingress and egress as contained in a pumping plant agreement between Ruth Stewart, a widow, and others, recorded January 19, 1934 in Book 652, page 70 of Official Records, to which record reference is hereby made for full particulars. 10. The Right of Way for ingress and egress to and from the pimmping plant lo- cated on other land and the right to use the existing pipe lines located on other land, as conveyed to Edward Martin Nagel and wife, by deed recorded September 20, 1938 in Book 962, page 309 of Official Records. 11. An Easement for road purposes over a portion of said land over a strip of land 20.00 feet wide, being 10.00 feet on each side of a line described as follows: Beginning at the most Northerly corner of that certain parcel of land described in the deed recorded April 7, 1955 in Book 3024, page 17 of Official Records, said point being on the center line of McKinley Avenue (now Del Obispo Avenue) as described in the deed to Orange County, recorded September 100 1930 in Book 4181 page 276 of Official Records, said point being also on a curve concave Southerly and having a radius of 300.00 feet; thence South 57° 12' 30" East, 188.35 feet; thence South 58° 12' 30" East, 137.52 feet; thence South 57° 12' 30" East, 650.93 feet to the most Easterly corner of said parcel, as established by a decree entered April 19, 1957 in the Superior Court of the State of California, in and for the County of Orange, Case No. 68382, a certified copy of which was recorded May 14, 1957 in Book 3907, page 523 of Official Records. 12. An Easement for pipe line purposes and the right to maintain and repair the same over a strip of land 5 feet in width over a portion of said land the center line of which is described as follows: Beginning at a point in the Southwesterly line of that certain parcel of land conveyed to Malcolm Stewart by deed recorded May 8, 1950 in Book 2009, page 442 of Official Records, said point being located 112.33 feet North 57° 12' 30" West from the Southeast corner of said parcel, running thence North 320 47' 30" East, 91.23 feet; thence North 63° 54' 00" West, 337.82 feet; thence North 480 35' 30" West, 66.75 feet; thence North 540 15' 35" West, 13.02 feet; thence North 68° 47' 25" West, 262.34 feet to the end of said easement, as reserved in the deed from Malcolm D. Stewart and wife, recorded October 13, Page 4 oR-iloo436 1961 in Book 5880, page 18 of Official Records, 13. An Easement and right of way for pole lines, conduits and incidental purposes over a portion of said land as conveyed to San Diego Gas & Electric Company, a corporation, by an instrument recorded February 23, 1967 in Book 8182, page 635 of Official Records. 14. An Easement for sever and public utility purposes over the Easterly 15 feet of said land as granted to the City of San Juan Capistrano, a municipal corporation by deed recorded November 16, 1967 in Book 8438, page 719 of Official Records. Page 5 Form No. 10563 All Polity Forms SCHEDULE C OR -1100436 The land referred to in this policy is situated in the State of California County of Orange, City of San Juan Capistrano and is described as follows: PARCEL NO. SJC 20: A Perpetual easement and right of way for slope easement purposes in, on and over the following: That portion of Lot 14 in Block 2, San Juan Capistrano as shown on a map recorded December 10, 1875 in Book 3, page 120 and following, Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the Northwesterly corner of Lot 1 of Tract No. 7251, as shown on a map recorded in Book 283, pages 34 and 35 of Miscellaneous Maps, records of Orange County, California; thence, South 21° 55' 55" West, ten (10.00) feet along the Northwesterly line of said Lot 1; thence, North 690 02' 30" West, 293.82 feet; thence, North 20° 57' 30" East, 32.00 feet; thence, South 69° 02' 30" East, 12.00 feet; thence, South 20° 57' 30" West, 22.00 feet; thence, South 69t 02' 30" East, 281.99 feet to the point of beginning. PARCEL NO. SJC 21: A Perpetual easement and right of way for highways and street purposes in, on and over the following: That portion of Lot 14 in Block 2, San Juan Capistrano as shown on a map recorded December 10, 1875 in Book 3, page 120 and following, Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the Northwesterly corner of Lot 1 of Tract No. 7251, as shown on a map recorded in Book 283, pages 34 and 35 of Miscellaneous Maps, records of Orange County, California; thence, North 210 55' 50" East, 22.00 feet along the Northwesterly line of said Tract No. 7251; thence, North 690 02' 30" West, 282.36 feet; thence, South 200 57' 30" West, 22.00 feet; thence, South 69" 02' 30" East, 281.99 feet to the point of beginning. PARCEL NO. SJC 22: A Perpetual easement and right of way for highway and street purposes in, on and over the following: That portion of Lot 14 in Block 2, San Juan Capistrano as shown on a map recorded December 10, 1875 in Book 3, page 120 and following, Miscellaneous Records of Los Angeles County, California, described as follows: Beginning at the Northwesterly corner of Lot 1 of Tract No. 7251, as shown on a map recorded in Book 283, pages 34 and 35 of Miscellaneous Maps, records of Orange County, California; thence, North 21° 55' 50" East, 22.00 feet along the Northwesterly line of said Tract No. 7251; thence, North 69' 02' 30" West, 282.36 feet to the true point of beginning; thence, continuing oB_lloo436 North 69' 02' 30" west, 118.00 feet; thence, South 20' 57' 30" West, 22.00 feet; thence, South 69' 02' 30" East, 118.00 feet; thence, North 20' 57' 30" East, 22 feet to the point of beginning. PARCEL NO. SJC 23: A Perpetual easement and right of way for slope easement purposes, in, on and over the following: That portion of Lot 14 in Block 2, San Juan Capistrano as shown on a map recorded December 10, 1875 in Book 3, page 120 and following, Miscellaneous records of Los Angeles County, California, described as follows: Beginning at the Northwesterly corner of Lot 1 of Tract No. 7251, as shown on a map recorded in Book 283, pages 34 and 35 of Miscellaneous Maps, records of Orange County, California; thence, South 21' 55' 50" West, ten (10.00) feet along the Northwesterly line of said Lot 1; thence, North 690 02' 30" West, 293.82 feet to the true point of beginning; thence, continuing North 69' 02' 30" West, 130.00 feet; thence, North 20' 57' 30" East, 10.00 feet; thence, South 69' 02' 30" East, 130.00 feet; thence, South 20' 57' 30" West, 10.00 feet to the point of beginning. Page 7 California Land miss Association Standard Cevarage Policy Form , Copyriyh �t 1963 Form 1084 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) 'land": the land described, apacigcallyy m by mance, in Schedule C and improvement a®xad thereto which by law constitute real property; (b) public records": those records which I. - part constructive notice of maters selatng to said or (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument; and (f)"insured": the party or parties named as Insured, and U the owner of the indebtedness secured by a mortgage shown in Schedule B is named as an Insured in Schedule A, the Insured shall include ( 1 ) each successor, I. interest in ownership of such in- debtedness, (2) my such owner who acquires the esti or interest refered to in this policy by fore- closure, hander's sale or other legal manner in satis- faction of said indettedness, and (3) any federal agency or Ensteamentality which is an insurer or gum - =hit under an insurance contract or guaranty insur- ing or guarant ping said indebtedness or any part thereof, whether named as an Insured Therein or not, subject otherwise to the provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an Ensured owner of the indebtedness secured by a mortgage described in Schedule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale or other legal manner En setislction of said indebtedness, or any part thereof, or U a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or snatim- tceinq the indebredmem secured by a mortgage env- ered by this policy or any part thereof, this Policy shall continue in lorce to favor of such Insured, agency or instrumentality, subject to all of the con- ditions and stipulations hereof. 9. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reason of the following: (a) Any law, ordinance or governmental regu- lator, (including but not limited to building and aontg ordinances) restricting or regulating or pm - of any Improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction I the dimensions or area of any lot or parcel of land. (b) Governmental right of police power or eminent domain unless notice of the exercise of such right appears in the public records at the data hemef. (c Title to y property beyond the lines of the len my described in Schedule C, or title to street, roads, avenues, Imes ways or waterways our which such land abut, or the right to maintain therein vault, tunnels, ramps or any other structure or I mvemenp or any right or easement therein uuless this policy specifically provides that such properly, right or easement are insured, except that if the land abut upon one or more physically open street or highways this policy insures the ordinary right of abutting owners for access to one of such street or highways, unless otherwise excepted or s agaussr me vise as insured or 1) created, suffered, assumed or mi or damage; or (2) known to either at the date of this nolicv or at the date such Insured Claimant acquued an estate or interest insured by this policy and not shown wri 9 by [he Insured shall have been made to the Company prior to the data of this policy; m (3 ) resulting in no loss to the Insured Claimant; or (4) attaching or created subsegment to the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encum- brancer for value without knowledge. (f) Any "consumer credit protection," "truth in lending" or similar law. 4. DEFENSE AND PROSECUTION OF ACTIONS —NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a The Company, at it own cost and without .due clay shall provide ( I ) for the defense of the Insured in all litigation consisting of actions or pro- ceedings commenced against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mortgage and indebted- ness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the mortgage as insured, which litigation or action in any of such event is founded CONDITIONS AND STIPULATIONS upon an alleged defect, lien or encumbrance insured against by this policy, and may pursue any litigation to final determination in the court of last tesort. (b) In case any such action or proceeding shall be begun or defense interposed or in case knowl- edge shall come to the Insured R any claims of title or interest which is adverse to the title of the estate or interest or had of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this policy, or if the Insured shall in good faith contract to sell the indebtedness secured by a mortgage On, Bred by this Policy, or if an Insured in good faith leases or contracts to sett, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mortgage covered by this policy refuses to purchase and in my such event the title to said estate or not be given to or of dory of title, then all liability of ;aid to the subject matter of such or matter shal� cease and termi- vever. that failure to notify shall the Company shall be actually prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at it own cost to institute and prosecute any action or proceeding or do any other act which in it opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mortgage as insured; and the Company may tke any appro- priate action under the terms of this policy whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy permit or requires the Company to prosecute or provide for the defense of any action or proceeding, the Insured shall secure to it the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit it to use. at its action. the name le aid In any such action or proceeding, settlement, securing evidence, obtaining r prosecuting or defending such action hg, and the Company shall reimburse the any expense so incurred. S. NOTICE OF LOSS—LIMITATION OF ACTION In addition to the notices required under para- graph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall ..me to the Insured under this policy until thirty days after such statement shall have been famished, and no recovery shall be had by the Insured under this policy urdess action shall be commenced thereon within five years after expiration of said thirty day period. Failure to famish such statement of loss or damage, or to commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Insured of any action under this policy. 6. OPTION TO PAY, SETTLE OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness secured by a mortgage covered by this policy, the Company shall have the option to purchase said indebtedness; such purchase, payment or tender of payment of the full amount of this policy, together with all costs, attor- neys' fees and expenses which the Company is obli- gated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim hes been given to the Company by the Insured, the Company offers to purchase said in- debtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mort- gage securing the same to the Company upon pay- ment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and cost and attorneys' fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all cast imposed upon the Insured in litigation carried on by the Company for the Insured, and all costs and attorneys' fees to litigation carried onby the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be stainable under this Policy (1) if the Company, r having received notice of an alleged defect. Ifm or encumbrance not excepted or excluded herefn m - moves such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) settling any claim or suit without written consent of the Company or (3) be the event the title is rejected as unmarket6le because of a defect, lien or ¢.cum- brance not excepted or excluded in this policy, until them has been a Beal determination by a court of competent jurisdiction sustaining such rejection. (d) All payment under thispolicy, except pay- ment made for cost, attorneys' fees and expenses; shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of suchpayment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company; provided, however, if the owner, of ec indebtedness secured by a mortgage shown On Schedule B is an Insured herein then such payment shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payment reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release byy the Insured of a mortgage covered by this policy ahall terminate all liability of the Company to the insured owner of the indebted- ness secured by such mortgage, except as provided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be payable within thirty days there- after. 8. LIABILITY NONCUMULATIVE It Is expressly understood that the amount of this policy is reduced by any amount the Company may Pay under any policy insuring the validity or pri- ority of any mortgage shown or referred to in Sched- ule B hereof or any mortgage hereafter executed by the Insured which is a charge or lien on the estate or interest described or refereed to in Schedule A, and the amount so paid shall be deemed a payment this paragraph numbered S shall not apply to an Insured owner of an indebtedness secured by a most - gage shown in Schedule B unless such Insured s- quires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall he subrogated to and be entitled to all rights and remedies which the Insured would have had against any person or property in respect to such claim had this policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subrogated to such right and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of the Insured, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against here- under which shall exceed the amount. if env. lost to and remedies against any person or property neces- sary to order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such right or remedies. If the Insured is the owner of the indebtedness secured by a mortgage covered by this policy, such Insured may release or substitute the personal liabil- ity of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any collateral security for the indebted- ness, provided such act does not result in any lase of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any scar. or actions or right of action that the Insured may have or may bring against the Company arising out of the status of the lien of the mortgage covered by this policy or the title of the estate or interest insured herein must be based on the provi- sions of this policy. No provision or condition of this policy can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. 11. NOTICES, WHERE SENT All notices required to re given the Company nal :oy .tatement in w iting re,o,rcd to he for - imbed the Company shall be addressed to it at its home otfreat 421 North Main Street, Santa Ana, Cullio oia, ar to the office which issued this policy.