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CONDITIONS AND STIPULATIONS <br />I. 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 or other <br />matter affecting the estate or interests or mortgage thereon covered by this Commitment other than those shown in <br />Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be <br />relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is <br />prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the <br />Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse <br />claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such <br />amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Condi- <br />tions and Stipulations. <br />3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties <br />included under the definition of Insured in the form of policy or policies committed for and only for actual loss <br />incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to <br />eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon <br />covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy <br />or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and <br />the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured <br />which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified <br />herein. <br />4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company <br />arising out of the status of the title to the estate or interest or status of the mortgage thereon covered by this <br />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 policy or <br />policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this <br />Commitment or by subsequent endorsement. <br />This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and <br />obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies <br />committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault <br />of the Company. <br />IN WITNESS WHEREOF, Chicago Title Insurance Company has caused this Commitment to be signed and sealed <br />as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an <br />authorized signatory. <br />Issued by: <br />YORK TITLE & ESCROW, INC. <br />210 NORTH IRONWOOD DRIVE <br />P.O. BOX 4608 (46634-4608) <br />SOUTH BEND, IN 46615 <br />(219)233-8258 <br />CHICAGO TITLE INSURANCE COMPANY <br />t:OaP TE''.p Pre • ent <br />ATTEST. <br />-,rs,.� <br />Secretary <br />Authorized Signatory <br />F. 2290 <br />