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#2948- Deed; QUIT-CLAIM DEED From City of South Bend to American Home Dreams, Commonly known as 313 and 317 Broadway - part 1
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#2948- Deed; QUIT-CLAIM DEED From City of South Bend to American Home Dreams, Commonly known as 313 and 317 Broadway - part 1
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CONDITIONS AND STIPULATIONS <br />1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument, <br />2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim <br />or other matter affecting the estate or interests or mortgage thereon covered by this Commitment other than <br />those shown in Schedule 3 hereof, and shall fail to disclose such knowledge to the Company in writing, <br />the Company shall be relieved from liability for any loss or damage resulting from any act of reliance <br />hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed <br />Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowl- <br />edge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may <br />amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company <br />from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. <br />3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such <br />parties included under the definition of Insured in the form of policy or policies committed for and only for <br />actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements here- <br />of, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or <br />mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in <br />Schedule A for the poficy or policies committed for and such liability is subject to the insuring Provisions, <br />the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed <br />for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this <br />Commitment except as expressly modified herein. <br />4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Com- <br />pany arising out of the status of the title to the estate or interest or status of the mortgage thereon covered <br />by this Commitment must be based on and are subject to the provisions of this Commitment. <br />This Commitment shall be effective only when the identity of the proposed Insured and the amount of the <br />policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of <br />the issuance of this Commitment or by subsequent endorsement. <br />This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability <br />and obligations hereunder shall cease and terminate six months after the effective date hereof or when the <br />policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy <br />or policies is not the fault of the Company. <br />IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and <br />sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when <br />countersigned by an authorized signatory. <br />Issued by: <br />THE ABSTRACT AND TITLE <br />CORPORATION OF SOUTH BEND <br />135 South Lafayette Boulevard <br />South Bend, Indiana 46601 <br />(219) 233-8258 <br />Authorized Signatory <br />THOMAS J. MCFADDEN <br />VICE PRESIDENT <br />o;'CORPDNATp'�•.•p <br />NLILa <br />F.2290 <br />CHICAGO TITLE INSURANCE COMPANY <br />By: <br />&6 <br />ATTEST: <br />P 4� <br />President. <br />Secretary <br />-___�lj•prd ror prinfrd rrumr.-�-�'--W� —'--�- -- <br />and acknowledged Uur execution of the %rer;rang deed oil <br />
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