P-61-1
r ~
Recorded July 17-, 1946 in Book 234_48, Page 206, (Q \. ,
Official Records, L.A.County
r); ,- i ,~-:. ;'~ 0 P'
. \.. I f- (._~ L< '-'
. 1'4/5 Sta. 90+80 to 92+70 approx. No. 61.1
)
12-13-1945 Dist.VII Sched. 6901 VII~LA-17)-S Mea
Wlfr1 tten by "'iOn H.O.Sched. 84579
~ Checked by JWG Paid for Ingress & Egress Wilkinson
l. Compared by: ctt $654.00 C 5085~~ ;.
Par. N..~ -';"'V".!If
I . RJj~LIN~UIsm.m:trr 01 ACCESS RIGHTS
WE, AUGUST G. HOCR and FLORJi.1JCE S.. HOCH, husband and wire,
being the owners ot the real property in the City ot Santa Monlca,
Oounty of Los Angeles, State of California, desoribed &s:
PAHOEL 1:
That portion ot tue northeasterly 340 teet ot Lot 1 in
:Block 199 of the Town of Santa Monica as shown on Amended Map'or
.. the Town of Santa Monioa, reoorded. in Book 39 or Miscellaneous
-. Records at pages 45 to 51 inclusive, in theotrio. or the Recorder
of snid County, lying Northwesterly of t.he northwesterly line of
Olympic Boulevard, 50 teet wide. as deooribed in deed reoorded in
Book 13615 of Official Bt:eords at page 28;, in tIle attio. ot sa1d
Reoorder. EXOEP'i'IUG therefrom the Northeasterly 1;0 teet tllereot.
PARCEL 2:
The Northwesterly 85 teetot the Northeasterly 1;0 teet. at
said Lot 1,
do hereby release and relinquish to the STATP OF CALIFORNIA any and
!it all abutters' rights or acoess, appurtenant to the above desorlbed
.. property, 1n and tQ State hlghwuy Road VlI-LA.'17J-SMca, over and
t
.. across that portion of the northerly line thereof described 8S tollows:
Beginning at a point 1n the northerly line of that oertain
. parcel of land 700.00 teet in width, described in deed to the Southern
Pa.cifio Rail Houd Company, recorded in Book 955 of Deeds at page 14.2,
reoords of suid County, distant thereon S. 750 35' 24" W., 49.02
J
. trom the interseotion thereot with the southwesterly lIne ot the
~. . north.asterly 340.00 teat ot 8aid Lot 1, said point being in a
ourve concave to the Southeast and having a radius ot 2055.00 te.t;
. thence Northeasterly trom a tangent whioh bears N. 62- 5" )0" 'E..
A
along sald oun. an arc dlsta.nce ot 454.25 teet to the pOint ot
\. tangenoy thereot with saId northwesterly line ot Olympio. Boulevard.
This conveyance is made tor the purpose ot establishing
said State highway by the grantee as a freeway and it i8 agreed
-.4U'-A~ 1tl'antors' above desoribed property shall have no aoce.s th.ret~
Certificate of A ----
cceptance C' . '/
-~_._-- ..... ' tVt Code, Section 1158
- ,.-.
, ,
STATE OF CALIFORNIA - -~~
!~:~t~_9Lr.,g'Lt,!1g!!-J$l~______} "
! Y I -n----------------h____hh____nn_h__________
On tbiL--_2_~:rd_____day ol-----JSJ_n'dg_;;~:::_ ______ .
belore me, -------J"Qaa:Ph--.Fr.an_ckt.tQ -----_tn the year one thousand nine hundred and_____19
- ---, a Notary Public in and for th .s a id --------------------------------------
State tJt~tJl " ~---- ------------County~-----------________________
, resldrng therem duly com . - d d -------------------
t ' mlsslone an sworn per all
-------h-------------________~_yz_us t G Hoch a d PI ' son yappelfTea
1- ---------------!-------------------g------ 0 r e nee S. H 0 ch
- -o.r---P.r.oJle_d__t_Q_Jrle on the th ---------------------------------------------
k A -----------------------Q-n.---------Qf__j;;_h~_m.se I ve s 2
nown to me. to be the person S h ---------------- -----------____
(SEAL) . - --- w; ose names.. .are b'b d
mstrument nd k I - - - - ---____su Scrl e to the withi
, a ae now edged th t :tv y- n
IN W a ---- e_ - executed the same
ITNESS WHEREOF, I have hereunt .
~~~u:x:rx~~--~--~~~_~y hand and affixed my ()fficial seal,
the day and year in this certificate first above writ;~~~----------------------------------h--------------
ltI'J6 3-34 3M. EST. 8054. 50"0 PAD -;;:,~t..:;;:~~=g~:~~~==~==:===
LlFORNIA STATE PRINTING OFFICE S
--
---------- - .---..---- ------ -....-.---.
Florence S. Hoch
.
Fonn 1012 2-16 80M 1 I
· California Land Title A..oclatlon 5tandard Fonn
CopyIlght 1938 (T... Revlslon4-44)
. Policy No.
. Title Insurance and Trust Company
~
. a corporation of Los Angeles, California, herein called the Company,
for a valuable consideration paid for this policy of title insurance,
the number, date, and amount of which are shown in Schedule A,
does hereby insure
the parties named as Insured in Schedule A, ~ether with each successor in ownership of any
indebtedness secured by any mortgage or deed trust shown in Schedule B, the owner of which
is named as an insured. and any such owner or successor in ownership of any such indebtedness
who acquires the land described in Schedule A, or any part thereof, by lawful means in satisfac...
tion of said indebtedness or any part thereof, and any person or corporation deriving an estate or
interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger,
or consolidation of a corporate named insured, against loss or damage not exceeding the amount
stated in Schedule A which any insured shall sustain
. by reason of title to the land described.in Schedule A being vested, at the date hereof,
.. otherwise than as herein stated; or
by reason of unmarketability of the title of any vestee to said land, at the date hereof,
unless such unmarketability exists because of defects, liens, encumbrances, or other matters
shown in Schedule B; or
by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof,
not shown in Schedule B; or
""
by reason of any defect in the execution of any mortgage or deed of trust shown in
Schedule B securing an indebtedness, the owner of which is insured by this policy, but only
insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said
land; or
by reason of priority, at the date hereof, over any such mortgage or de~d of trust, of any
lien or encumbrance upon said land, except as shown in Schedule B;
all subject, however, to Schedules A and B and the stipulations herein, all of which schedules
. and stipulations are hereby made a part of this policy.
....' In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and
seal to be hereunto affixed by its duly authoriZied officers on the date shown in Schedule A.
,
TITLE INSURANCE AND TRUST COMPANY
by J ,"^^-. ()A.\ ..., e'~
.
PRESIDBNT
C:iJ~Y of "'oHey
Attest____~:~~~~___<.:~~~j_~!_i_?!."~~L~!~_~_l.tl~_.~_"MmIM
Sl!CRBTARY
mag
.
Form lOl$-A 4-46 9~M I ).
.
. SCHEDULE A
Amount $ '700.00 Date October 1. 1946 Policy No. . .2091311
at '7:00 A. 14.
.
. INSURED
STATE OF CALIFORNIA
.
1. The title to said land is, at the date hereof, vested in
STATE OF CALlFORlfU,
". 2. Description of land in the Cotmty of Los Angeles, State of California, title to which
is insured by this policy:
PARCEL 1:
Thol. portions of Lots 1,. 2, 3 and 5in Block 199 as per
a1t'l8l'1ded map ot Townot :lanta Monica, 1n the Qlt7 .ot .aanta
Monica, as per map recorded in Book 39 Page 450t Ki8ce1-
laneoua Records, in the ottice of the Count,. aecor4er. of
.ald County, included wlthin the tOllowing descr1:bed11.e.:
Beginning at the 1nteX"sect.lob of the North.$.st.rltl1ne ot
..14 Lot 5 wlth II 11ne;p&r.allel wlth and dlstant50 teet
Northerly measured at right angles from the. Northerly line
at that oertaln paro.10tland '700 tEutt 1niwldthdesorlbed
in deed to said Paclt1cRtUlroad Company ,reoo1'"ded August
11, 1894 in Book 955.. Pa~ 142 of Peeds, slilldparalltl line
. being also the Northe~ly line of 50 toot strlp of land
conveyed to the Cit70t~ant. Monlca for pub11croad.and
highway purposes, knownaa Olympic Boulevarcl, b'ldeed re-
, oorded in Book 13615 Pags 285 of Otfioial Records ot sald
-. County; thenoe along said paralle.l 11ne, South. '760 35" West
1146.24 teet; thence 8o~tb.we$terly and tangent,to.last
desoribed COUBse along a ourve ooncave soutb.easterl~ baving
. a radius of 2055 feet.. through an a.ngle of 11025' .3" an
arc dlatanceof 4.09.71 teet to a point 1n the Southwesterl,.
J I f ~
.
line or the lfo1"theas.terly .340 teet of 8.id Lot 1.: thence South-
easterly along sald Southwesterl,. line tosald llortbiJrl,. 11n.
descr1bed 1n ..1d r1rst ..tionea deed above; thence alo.ng
8ald Bortherl,. line. Korth 750 35t2411 Eaat 15'1'1.12 teet to
aald Northe.ster1,. line of'. Lot 5; thenoe a.long t.be. I'ol'theaet-
. .r1y lln.. North 440 48t 4S. ..8t 5'.9'1 reet to 8ald polnt ot
. beginning.
EXCEPTIIfG theref'rom all_tel". water rights, 011, 011 rights,
m1nerals.. m1neralrlghts, natu.ral gas. natural gas rlShtsand
otherbJ'drocarbon substanoes J as 1".served 11'1 the d.-d trom
Bank of' A_rica National 'l'rU8t and Savings Assoclatlon,re-
oorded J'ttne 6, 1946 as Instrullent No. 2824 ln Otric1al Reco1"ds
of 8ald Ccnmt,..
PARCEL 21
An easement for the const1"Uctlon and mintenanoeot em.banlallilrmt
slopes over that portion of said Lot5ln mock lit 1nc1udea.
within a strip of land 'Tfeet wlde lying Jorther11 of and
adjo1nlng Parcel 1 aboveaescribed ande.xterl11ng ...t.r11 rrom
the Southeaster1;y prolongation of the Northeaster1)" 11ne of
8aid Lot 3 to the JlOl'thWetsrly line ot sald Lot 5.
.. Acquired by deed f:roOI!1 Bank ot ADlfJ:ro1ca ..tloDal 'trust and Saving.
Associatlon, a aatlonal'bank1ng assoclat1on.. r.corded lune 5,
1946 as Instru.mei1b No. 4211.
1
'.
.
i
I
Form IOI:;-B 4-46 11rM I
-2 i
.
. SCHEDULE B
[A] The Company does not, by this policy, insure against loss by reason of:
. 1. Easements or liens which are not shown by the public records (a) of the District Court of the Federal
District, (b) of the county, or (c) of the city, in which said land or any part thereof is situated;
2. Rights or claims of persons in possession of said land which are not shown by those public records which
. impart constructive notice;
3. Any facts, rights, interests, or claims which are not shown by those public records which impart construc-
tive notice, but which could be ascertained by an inspection of said land, or by making inquiry of persons
in possession thereof, or by a correct survey;
4. Mining claims, reservations in patents, water rights, claims or title to water;
5. Any governmental acts or regulations restricting, regulating, or prohibiting the occupancy or use of said
land or any building or structure thereon.
[B] Liens and encumbrances to which said title is subject shown in the order of their
priority, and defects and other matters to which said title is subject:
1. General and .peoial Count,. a.nd City taxes for the fisoal
'. year 1946-1947, a 11en. but not yet payable.
2. An .a.em~ over Parcell tor public roadthighwa7 pur-
poses and incidental purposes as granted to C ty of Santa
Monica 1n deed recorded in Book 13615 P.ge 285 ot Official
Reooros.
3. An action commenced December 17, 1945 et;1tit1ed state
of Oalifornia va. Jlearle W. Wilkinson, etal inom1nent
domain for state high...,. purposes, Case No. 508530, Superior
Court, now peD1ing.
Notice of the pendency ot sald act was recorded December
17,194lh
.
.
.
J l (
(
.
. lImO RSE8llf
A~TAOBD 1'0 POLICY )(0... 2091311
. ISSUEDS!'
. rITm IISURAI~OE AND TRUST COMPAU
'fhe Companytu,U',\lr&8 tbe In.~d tbat tb.e01mer. or owner., ot th$
record tltle to the followlng descrlbedlani =
PARCEL 1: 'that !X)rtion ot. Lot 11n Bloek 199 of Amendea. ap o.t the
Town of' Santa Monica. In. the Clt,. of Santa JIonlca, Coll!2ty of Loa
Angeles, State orCaI1torn!.8., as perl'lllp r800rdedln Book39fage
45et. $6Q._ofJ.11seellaneoua Reoord.s, in tbe 01'1'1" of the SoUllt7
Reoord.erotaala oount7.deeorlbed &.&'0110..':
Befilmttng at the most . 110"1>>1"11 corne%" ~...ld Lot 1.;thenceSoutb.
.. 48' 45" aast along th. Nortbeas.te%"lJ' l1ne tbereof"i85 teet J
the noeSou.th 450 16 f 40" West.. parallel 111 tt hbe northweaterlI 11..
0.1' sald Lot, 150 feet; thence Sotlth 440 48'45" Sast, pjirallew1~
8ald BQrtheasterl,. 11ne, 9'1.98 feet, more or lea., to. .'b.CtBortpr17
llneof Ol;rmplc Boulevllrd.. as aescrlbed in the d.ed>.t'..~~rded 1n~k
13615 Page 285,otficialReoorda of aa1.d Count,.: thenceSeuth '1~OL35'
.. 24" Weat.longsaid Bortne%"ly 11.ne ,20.851'e.t, mar., or le.sf: to1?he
mDs1:Easterlycorneroftb.e<land descr1bed 1.0 p$rce1:o. 1 of d....
to Katherine Eoeh Dodge.. recorded 1.11 Book 22SQ~t.g.4()' otOff1e!.1
Recore-s of 88i4 County;. t~~ce North 440 "at 45"'etd;a,loog the
Northeasterly line 01' 881<:1.1$.8t mentioned lfmd.l"~.4'1t..t;. more
or 1..8, to the North"eet.r.ly 11ne 01' 8..1d Lot 1; then~.qrth 450
16'40" Eastalongsald }forth"ester17 l1ne" J..68t.et~thepolnt
ot 'beS1ml.1ng.
ALSO....ti ease.nt. for dr1'\T."''' purposes,. to b..~~~~b't,1()"'Jl with
ownerJl'of property1mmed1at;ely adjoinlng the ~.~""J!f~.~.Ot-ed.(!.rl'be4
Illpd, on the Southwest ~QV'.r>.astrlp of l"nd"t'.,ot)~)lIi.dth., ex....
t.~~~tl'Om theSouthW'.s~e~:1.YPl'Olong8.tlon of ~b.ei~~~w..t.rlT
Il.1'lefJl. .s8.10 land. to tb.;fI}iliirtberlJ 11~ of .s~ld(,l~l.~~..J3()11l."-..-
the }(ortheliusterly Ilne.otsald stripbeill8 cotnc1d.,rt~wlth the South-
"esterly 11ne of the herelnbefore descr:t'bed land.
PARCEL2: Being a portlotlortot 1 in Blockl99~!i!ownotsant.
Monlca. in tbe Citl ot santaUonlca, Oounty 0.fLol!lA.J.lg.~~8,Stat.
. orCalltornia, as per maP recorded in BOok 39iPag~",lii.1; ..Q..ot
. :Miscellaneous Records, In tbe orfiee of the Oounttttecol"derof
/ saldCount:r, b.~lnnlng at the moat Nortberlyco1"neX'.ot<,.ald. Let 1;
thence South 45 16' 40. ...We8t 168.0 feet alongth. .10.~..atel'11
line ofaa1.d 1.I,)t 1 to. tbft .t~epo1nt ot beg1Jmlng; theneecantin...
ulngSouth 450 16' 40.WeatB3.0 fe.t, tbeneeSoutb 44048' 45ft
. East 123 .~5 t"'U'Jt more orlea8 .to a p()~nt in 1:h$I01'1;1111n801'
Ol:ymp:to Boulevard a8 eatabllshed by dee.drecorded1n lJookl3.6l5
Page 285. Otficlal Reoords;thenee North 7tP 35' 24" Eaat 96.14
teet alQng sald North line of Ol~lo Boulevard; tbeqce Borth ,"0
f l 1 t.
.
. 48' 46. West 172.4'1 f'eetto tbe true poInt of'"gltmlng.
RESERVING tbere.t"rom an easement fordrl.....".y purpose. over the
Northeasterl,. '1 feet of' $a1d land to be uaed ln cOlDOn witb the
. owners of the land adjolning.ald rareel e on the Northeast.
, PABCEL2A J An easelltnttor communlt7 d1"1vfnra7 ~seB .., f'eetIa
w1dth lying Northeasterly of andadjo1n1Ds. the NortheasterlJ line
ot the . above descr1bedParcel 2 aDd ly1ng bet_en the .lorthea8ter17
prolongatlons of' the North.esterl,. :1nd Southeeat.orl,. liDea of' Mld
Parcel 2. ~-,
PAR<ZX, 31. 'l'hat port'-on ottot 1 in Block 199 or..,n4.d lAapOf ~.
Town of' Santa MonlCatl~ntbe Clt,. ofSants Mon1ca.Oount,.or Loa
Angele." State of. ea.. . ovnla. a8 per. map recorded1nioo1c 39 Page
45 ..ot Jl1cel1.an.... a.cer~,,1n the ern-cft of'theCount,.coz-tieJl
of.ald County. d.eacrlbed &8 .followa.
Coll.ll'tert()lng at the .etli02"ther17 corner of' aald. LotI" tbe.JlO8. Souttl
450 16' 40ft Weat 251 teet along the .o~hwe8terly 11ne . ttlt .reof .tc)
the ~. polnt of' begInn1ng J thence South 440 .48' 4511 Ea.t 123.95
r..t.DlOre or.1..s, to .tbe lIorthc-17 11ne of Oljmplc. B01.lavard. a.
descrIbed 1n deed recol"dedln 'Book 13615.,.ge 285 .t Offlotal B.~
oorda ot..14 County, thence South 7f:P 35' 24" ...at 103.09 t..t,
.. ltlOreor Ie... along sald. liortberlyllntt to theSoutb..eaterly line
<<)~i~he NortbeasterlY' 340t.8tot sald Lotl;thsnoe along sal<1
Southweaterly 11ne North 440 48' 45" West '71.&2 teet, more orle.$,
~~tb..:Northw.sterl,. 1Inetotealdlot J 'thence 'Kol'-th41P 16 '40.
Za.ata..1ong sald Northwesterly 11ne 89 teet. .mo~()rle.a. to tu.
trn.polnt of beglnning.
~tbeown.ra ot arty record intereet 1nor 11enonor eno1m1orane.
ofrecord11pt)n aa1d land,. other than boldtJre 0,1 .tax....ora......_
lle~, hayseaeh release':; iand re11nquIabed totht) Ine~.d -11 r'-B~a
~r.,,~8S to and. tJ-OMtbe1.f1l'1ddeacrlbed 1n SCl\odule AC}t~18
j)eeJ pOllor.i. 1fb.leb. aceru.d ~..ou.ld accrue to~ asa1'P~.nant J: o.tlle
1&n<.'''.or11)8d lntb1a1ndor.._nt,exeePtUl1rlgbttl,t~e.e"ed b)-
No. thel'J.tl~.nq 8ubjept to an,. >condltlon...t t'ort1:l 1. 111" ".e4t1"OJI
--
b\ \O"2.~l.t Hoeh RankIn, ..1"1"1ed 1foman, reCOrded A~t/$O. 1946 aa
'Instrument No. 3102;
~ I \ \ ratnerlne Hoeh 1JQage, a>~led "oman.. r.o()rd.d.~t $Q. It-leaa
, ,0 Inetrument Ko,. 3101, and.;
.
i ~I.\ '.u.gussj,G... . Roon ._d'J.or..n~...S. Hooh, husband ..n:l"lf~,record84
Julyl?" INS in aook 23.148 .Page 206 o.f Of'tleW Rec~t'(fll.
The iOomp.nJhel'eb,.I_~'.~h.:tn.lU-ed ..galn.t>i~llf>..wb.ICh the
InlurifdShall I.taln tn>tbltevent that the.....ano..l'eUi .ball
,. prove to be ineorrect..
-.'
,
i
r.......
J . I ...
.
.
Th.total 11abillty of the COmpany under thl. pol1c,. aDd atl7
1ndors..nt hereIn.ball" however, not exceed, 1n tbeaggregate.
, the :face amount o:f this pol1c1 and cost. whlcb. the COlDpallJ" s.-
. obligated under the at1pu1atlons hereot to pa,..
. Th.1s Indo!"semfult la.dee. part Qtsald pollcy and 188ubjectto
the schedules and stlpulation8 thflre1n, except aa llOdltled _ the
prov181onshereo:f..
TITLE IRS'ORAfiCE AlD T !US'l' COQ.dY
lit A..lataut ~.C""U7
'.
:
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J
,
.
,
,
. . . ..
Form 1012-C 2-46 80M
4
e
STIPULATIONS
SCOPE 1. This policy does not insure against, and the SUBROGATION 4. Whenever the Company shall have set-
.. OF Company will not be liable for loss or damage UPON PAYMENT tied a claim under this policy, it shall be
. . COVERAGE created by or arising out of any of the follow- OR SETTLEMENT subrogated to and be entitled to all rights,
ing: (a) defects, liens, claims, encumbrances, or other matters securities, and remedies which the insured would have had
. which result in no pecuniary loss to the insured; (b) defects, against any person or property in respect to such claim, had
~ liens, encumbrances, or other matters created or occurring this policy not been issued. If the payment does not cover the
, subsequent to the date hereof j (c) defects, liens, encumbrances, loss of the insured, tbe Company sball be subrogated to sucb
or other matters created or suffered by the insured claiming rights, securities, and remedies in the proportion which said
such loss or damage; or (d) defects, liens, encumbrances, or payment bears to the amount of said loss. In either event the
other matters existing at the date of this policy and known to insured shall transfer, or cause to be transferred, to the Com-
the insured claiming such loss or damage, either at the date pany such rights, securities, and remedies, and shall permit
of this policy or at the date such insured claimant acquired an the Company to use the name of the insured in any transaction
estate or interest insured by this policy, unless such defect, or litigation involving such rights, securities, or remedies.
lien, claim, encumbrance, or other matter shall have been dis-
closed to the Company in writing prior to the issuance of this OPTION TO PAY 5. The Company has the right and
policy. Any rights or defenses of the Company against a INSURED OWNER option, in case any loss is claimed
named insured shall be equally available against any person OF INDEBTEDNESS under this policy by an insured owner
or corporation who shall become an insured hereunder as AND BECOME of an indebtedness secured by mort-
successor of such named insured. OWNER OF gage or deed of trust, to pay such
DEFENSE OF Z. The Company at its own cost shall defend SECURITY insu red the indebtedness of the mort-
ACTIONS the insured in all actions or proceedings against gagor or trustor under said mortgage or deed of trust, to-
the insured founded upon a defect, lien, encumbrance, or other gether with all costs which the Company is obligated here-
matter insured against by this policy, and may pursue such under to pay, in which case the Company shall become the
litigation to final determination in the court of last resort. In owner of, and such insured shall at once assign and transfer
case any such action or proceeding shall be begun, or in case to the Company said mortgage or deed of trust and the indebt-
knowledge shall come to any insured of any claim of title or edness thereby secured, and such payment shall terminate all
interest adverse to the title as insured, or which might cause liability under this policy to such insured.
loss or damage for which the Company shall or may be liable NOTICE OF 6. A statement in writing of any loss or damage
NOTICE OF by virtue of this policy, such insured shall at
. ACTIONS once notify tbe Company thereof in writing. LOSS for which it is claimed the Company is liable
OR CLAIMS If such notice shall not be given to the Com- under this policy shall be furnished to the Company witbin
:e TO BE pany at least five days before the appearance sixty days after such loss or damage shall have been ascer-
GIVEN BY day in any such action or proceeding, or if LIMITATION tained. No action or proceeding for the re-
THE INSURED such insured shall not, in writing, promptly OF ACTION covery of any such loss or damage shall be
notify the Company of any defect, lien, encumbrance, or other instituted or maintained against the Company until after full
matter insured against, or of any such adverse claim which compliance by the insured with all the conditions imposed on
shall come to the knowledge of such insured, in respect to the insured by this policy, nor unless commenced within
which loss or damage is apprehended, then all liability of the twelve months after receipt by the Company of such written
Company as to each insured having such notice in regard to the statement.
subject of such action, proceeding, or claim shall cease and ter-
minate; provided, however, that failure to so notify shall in PAYMENT OF 7. The Company will pay, in addition to
no case prejudice the claim of any insured unless tbe Company LOSS AND any loss insured against by this policy, all
shall be actually prejudiced by sucb failure. The Company COSTS OF costs imposed upon the insured in litigation
shall. have the right to institute and prosecute any action or LITIGATION. carried on by tbe Company for the insured,
proceeding or do any other act which, in its opinion, may be INDORSEMENT and in litigation carried on by the insured
necessary or desirable to establish the title, or any insured OF PAYMENT with tbe written authorization of the Com-
lien or charge, as insured. In all cases where this policy per- ON POLICY pany, but not otberwise. The liability of
mits or requires the Company to prosecute or defend any the Company under this policy shall in no case exceed, in all,
action or proceeding, the insured shall secure to it in writing the actual loss of the insured and costs which the Company is
the right to so prosecute or defend such action or proceeding, obligated hereunder to pay, and in no case shall such total
and all appeals therein, and permit it to use, at its option, liability exceed the amount of this policy and said costs. All
the name of the insured for such purpose. Whenever request- payments under this policy shall reduce the amount of the in-
ed by the Company the insured shall assist the Company in surance pro tanto, and payment of loss or damage to an in-
any such action or proceeding, in effecting settlement, securing sured owner of indebtedness shall reduce, to that extent, the
evidence, obtaining witnesses, prosecuting or defending such liability of the Company to the insured owner of said land.
action or proceeding to such extent and in such manner as is No payment may be demanded by any insured without produc-
deemed desirable by the Company, and tbe Company shall re- ing this policy for indorsement of such payment.
imburse the insured for any expense so incurred. The Com-
. pany shall be subrogated to and be entitled to all costs and MANNER OF 8. Loss under this policy shall be payable,
attorneys' fees incurred or expended by the Company, which PAYMENT OF first, to any insured owner of indebtedness
. may be recoverable by the insured in any litigation carried LOSS TO secured by mortgage or deed of trust shown
. on by the Company on behalf of the insured. The word INSURED in Schedule B, in order of priority therein
JI "knowledge" in this paragraph means actual knowledge, and shown, and if such ownership vests in more than one, payment
. does not refer to constructive knowledge or notice which may shall be made ratably as their respective interests may appear,
. be imputed to the insured by reason of any public record or and thereafter, any loss shall be payable to the other insured,
otherwise. and if more than one, then to such insured ratably as their
OPTION TO 3. The Company reserves the option to respective interests may appear. If there be no such insured
PAY, SETTLE, OR pay, settle, or compromise for, or in the owner of indebtedness, any loss shall be payable to the in-
. COMPROMISE name of, the insured, any claim insured sured, and if more than one, to such insured ratably as their
CLAIMS against or to pay this policy in full at any respective interests may appear.
time, and payment or tender of payment of the full amount of WRITTEN 9. No provision or condition of this policy
this policy, together with all accrued costs which the Company
is obligated hereunder to pay, shall terminate all liability of INDORSEMENT can be waived or changed except by writing
the Company hereunder, including all obligations of the Com- REQUIRED TO indorsed hereon or attached hereto signed by
pany with respect to any litigation pending and subsequent CHANGE the President, a Vice-President, the Secretary,
I costs thereof. POLICY or an Assistant Secretary of the Company.
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