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CONDITIONS 1. The term mortgage , when used herein , shall include deed of trust, trust deed , or other security instrument. 2 . If the proposed Insured has or acquired actual knowledge of any defect, lien , encumbrance , adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing , the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge . If the proposed Insured shall disclose such knowledge to the Company , or if the Company otherwise acquires actual knowledge of any such defect , lien , encumbrance , adverse claim or other matter, the Company at its option may amend Schedule B of this Comm itment accord ingly , but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions . 3 . Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein . 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title . Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the t itle to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provis ions of this Commitment. 5 . The policy to be issued contains an arbitration clause . All arbitrable matters when the Amount of Insurance is $2 ,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the ex clusive remedy of the parties . You may revie w a copy of the arbitration rules at< http://www.alta .org/>. All notices required to be given the Company and any statement in writing required to be furn ished the Company shall be addressed to it at P.O. Box 2029 , Houston , Texas 77252 . Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and A L TA members in good standing as of the date of use. All other uses are prohibited. Repri nted under license from the American Land T itle Association. File No. 13780 004-U N ALT A Commitment (6/17 /06) AMC RIC AN I ANll 11 11 1 ,\\\I\C l\fl UN