Los Angeles, Cal...............
Amount, $2000 Policy No. 3610 Order No. 120636
OWNER's GUARANTEE POLICY OF TITLE INSURANCE
In consideration of the sum of One Dollar and other valuable considerations, paid for this Policy of Insurance, the
Title Insurance and Trust Company a Corporation, organized and existing under the laws of the State of California, and having its principal place of business at the City of Los Angeles, in the County of Los Angeles, State of California, Does Hereby Insure John Brown, and his heirs or devisees, for the term of thirty-five years from the date hereof, against any loss or damage not exceeding in all the sum of Two Thousand ($2000) Dollars, which the said Insured shall, during said term of thirty-five years, sustain by reason of any incorrect statement or guaranty in this Policy concerning the title to the tract of land hereinafter described, or by reason of any. defect in, or lien or incumbrance on the title of Insured to said land, at the date hereof, excepting only the defects, liens, incumbrances and other matters hereinafter mentioned in the written and printed exceptions of this Policy; and, as a part of this Policy, and subject to all its terms, exceptions, conditions and stipulations, the said Title Insurance and Trust Company guarantees that the title to said land is vested in the said John Brown.
(This Policy consists of 3 pages, which are numbered at the end of each page.)
DESCRIPTION OF THE TRACT OF LAND COVERED BY THIS POLICY OF INSURANCE:
This Company does not insure against any of the following:
1. Instruments, Trusts, Liens, Easements, Incumbrances and Rights or Claims of parties in possession of all or any portion of said property not shown by the public records of the City of Los Angeles, or of the County of Los Angeles, State of California, or by the records of the Federal Offices located at Los Angeles.
2. Proceedings for street, sewer, shade tree and sidewalk improvements, and for opening, widening and other changes in streets or alleys unless the amount of the assessment therefor has become fixed and shown as a lien by the recording of the Warrant at the date hereof in the public office designated by law.
This Policy is issued and the liability of this Company is based upon the following conditions and stipulations:
1. In case any action or proceeding shall be begun against the Insured founded upon a defect, lien or incumbrance prior in date to this Policy, and thereby insured against, the Insured shall at once notify this Company thereof in writing, and shall secure to this Company the right to defend the same so far as necessary to protect the Insured, and the Insured shall render all reasonable assistance in such defense; and this Company will, at its own cost and charge, defend the Insured in such action or proceeding, reserving, however, the option of settling the claim, or of paying this Policy in full, or of defending such action or proceeding; and, whether such defense by this Company shall be successful or unsuccessful, this Company will pay, in addition to the loss, all costs imposed on the Insured in litigation carried on by this Company for the Insured under this Policy; but this Company will in no case be liable for any costs or expenses incurred by the Insured in such litigation without the consent of this Company. If the notice above designated shall not be given to this Company and the said right to defend be not secured to this Company within five days after the service on the Insured of the summons or process in such action or proceeding, then this Policy shall be void as to such defect, lien or incumbrance.
2. The Insured shall, in writing, promptly notify this Company of any defect, lien or incumbrance prior in date to this Policy, and thereby insured against, which shall come to the knowledge of the Insured, in respect of which loss or damage is apprehended, and shall, in writing, prior to any payment, settlement or compromise thereof by the Insured, invest this Company with the power and authority, at its option, to pay, settle or compromise such defect, lien or incumbrance for or in the name of the Insured, or to resist or remedy the same by legal proceedings for or in the name of the Insured, all at its own cost and charge, or to pay this Policy in full. In the event that the Insured shall fail to comply with this condition, then this Policy shall be void as to all loss or damage by reason of such defect, lien or incumbrance.
3. Whenever this Company shall have settled a claim or loss under this Policy, it shall be subrogated to and be entitled to all the rights, securities and remedies of the Insured for the recovery of the same, including also all the rights, securities and remedies which the Insured has or would have had against any other person or property in respect to such claim or loss had this Policy not been made, and also the right to use the name of the Insured for the purpose of enforcing or collecting the same; and, at the option of this Company, the Insured shall transfer or cause to be transferred to this Company all such rights, including permission and authority to use the name of the Insured for the recovery or defense thereof. If the payment of the loss under this Policy does not cover the whole loss of the Insured, this Company shall be subrogated to such rights, securities and remedies in the proportion which the said payment of loss bears to the amount of such loss of the Insured not covered by said payment, and the Insured warrants that such rights of subrogation shall vest in this Company unaffected by any right of the Insured.
4. The liability of this Company shall in no case exceed in all the actual loss of the Insured.
5. All payments made by this Company under this Policy shall reduce the amount of the insurance pro tanto, and payment or tender of payment in any case of the full amount of this Policy shall terminate all liability of this Company.
6. When the liability of this Company has been definitely fixed in accordance with this Policy, the loss or damage shall be payable within thirty days thereafter.
7. It is particularly understood and agreed that this Company is not, and will not be, liable under this Policy on account of doubts, rumors or assertions of defects, liens or incumbrances, but only for loss or damage under actual defects, liens or incumbrances insured by this Policy.
8. This Company does not by this Policy insure anyone other than the Insured, against any loss or damage, except that this Policy may, with the consent of this Company endorsed hereon, be assigned to a mortgagee of the Insured who shall thereafter be entitled to all the benefits, rights and remedies of the Insured under this Policy, and such mortgagee shall not be prejudiced nor lose any rights under this policy by reason of any act or negligence of the Insured, to which act or negligence such mortgagee is not a party.
9. Whenever the Insured shall transfer the title to the property described in this Policy, it may be surrendered and cancelled, and a new Policy may, if the risk is accepted, be issued upon payment of the regular rates for continuation.
10. The term "Insured" wherever it is used in this Policy includes all described on its first page as those whom it insures, and the term "this Company" wherever used in this Policy means the Title Insurance and Trust Company.
11. Nothing contained in this Policy shall be construed as an insurance to any one against defects, liens or incumbrances created subsequent to the date hereof, or created or suffered by the Insured.
In Testimony Whereof, said Title Insurance and Trust Company has caused these presents to be duly signed by its President and attested by its Secretary, under its Corporate Seal, this Twenty-third day of April,
1905, at 8 A. M.
Title Insurance and Trust Company.
(Plat of Premises.)