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.