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3300 Bayside Road - 05-117-23-14-0058
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Project Packet
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Conditions and Stipulations <br />1. The term mortgage, when used herein, +hall incrude deed of trust, trust deed, or other <br />security instrument. <br />2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encum. <br />brance, adverse claim or other matter affecting the estate or interest or mortgage thereon <br />covered by this Commitment other than those shown in Schedule B hereof, and shall <br />fail to disclose such knowledge to the Company in writing, the Company shall he <br />relieved from liability for any loss or damage resulting from ariy act of reliance hereon <br />to the extent the Company is prejudiced by failure to so disclose such knowledge. If <br />the proposed Insured shall disclose such knowledge to the Company, or if the Company <br />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 Corn- <br />mitment accordingly, but such amendment shall not relieve the Company from liabil- <br />ity previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations. <br />Liability of the Company under this Commitment shall he only to the named proposed <br />Insured end such parties included under the definition of Insured in the form of policy <br />or policies committed for and only for actual logs incurred in reliance hereon in under- <br />taking in good faith (a) to comply with the requirement '.••reof, or (b) to eliminate <br />exceptions shown in Schedule B, or (c) to acquire or - the estate or interest or <br />mortgage thereon covered by this Commitment. In no c• ,nail such liability exceed <br />the amount stated in Schedule A for the policy or polic::s committed for and such <br />liability is subject to the insuring provisions, the Conditions and Stipulations, and the <br />Exclusions from Coverage of the form of policy or policies committed for in favor of <br />the proposed Insured which are hereby incorporated by reference and are made a part <br />of this Commitment except as expressly modified herein <br />4. Any claim of loss or damage, whether or not based on negligence, and which arises out <br />of the status of the title to the estate or interest or the lien of the insured mortgage <br />covered hereby or any action asserting such claim, shall be restricted to the provisions <br />and conditions and stipulations of this commitment. <br />
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