|
COMMITMENT CONDITIONS AND STIPULATIONS
<br /> 1.The term mortgage,when used herein,shall include deed of trust,hust deed,or other security instrument.
<br /> 2. If the proposed insured has or acquires actual knowledge of arry defect,lien,encumbrance,adverse claim or other matter affec6ng
<br /> the estate or interest or mortgage thereon cwered by this Commitment other than those shown in Schedule B hereof,and
<br /> shall fail to disclose such knowledge to the Company in writinp,the Company shall be relieved from liability for any loss or
<br /> damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such know-
<br /> ledge. If the proposed insured shall disclose such knowledpe to the Company,or if the Company oMerwise acQuires actual
<br /> knowledge of any such defect,lien,encumbrance,adverse claim or other metter,the ComDany at its option may amend Schedule
<br /> B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pur-
<br /> suant to paragraph°of these Conditions and Stipulations.
<br /> 3. Liability of the Campany under this Commitment shall bo only to the named proposed insured and such parties included under
<br /> the definitio�of insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
<br /> undertaking in gc�od faith, (a)to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B,or
<br /> (c)to acquin+or r,reate the estate or interest or mortqage thereon covered 4y this Commitment.In no event shall such iiability
<br /> exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
<br /> provisions,the Conditions and Stipulations,and the Exclusions from Coverege of the form of policy or po!icies committed for in
<br /> favor of the proposed insured wh?.:�ara hereby incorporated by reference and are made a pert of this Commihnent except as
<br /> expressly modified herein.
<br /> 4.Any action or actions or rights of action that the proposed insured may have or may briny aqainst the Company arising out of
<br /> the status of the title to the estate or interest or the status of the mortgage thereon cove�red by this Cammitment must be based
<br /> on and are subject to the provisions of this Commitment.
<br /> , SCHEDULE OF eXCLUSIONS FROM COVEFIAGE
<br /> The matters listed below each Folicy form are expressly excluded from the coverage of that policY and the Campany will not pey
<br /> loss or damage,costs,attorneys'fees or expenses which arise by reason thereof:
<br /> AMERICAN LAND TiTLE ASSOCIATION LOAN POLICY(10-17A2)
<br /> and
<br /> AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY(70-17-92)
<br /> Tne r�aw��maners are e�ressry exd„aed�ron,u�e covera�e or n,�s insured dakr�ent became an kreured under Cds polby;(c)n�suldng in
<br /> aolky and me cornpeny wiu na Pey bss or dsmage�casts,anomeys� no bss w damage m aie fnsured aaimarr.; (� almd,mg«created
<br /> rees or e�enses wnia,ar�e�y reason or: subseyueM►o oa�e ot Patcy (e�ro me ex�eM u,a►mis Pa�,y
<br /> 1.(a)My law, ortSnence w govemmental regulatlon(indu�ng but not insures the priorNy of the Ben of the insured mortpege over any
<br /> Ilmited to building and zoning laws, ordinances, or regulations) sfeMwy Ren for services,lebor a material);a(e)resul�ng fn bss w
<br /> ��s,��ti�9�a��9 a re�auny ro(q u,e aoa,pan�y�use, damage whkn would rwt neve been susteined d a�e k,sured detmerd
<br /> a en)oyment of the land; Q�the chereder,drr�enabns a bratbn of had pakl value for tlie N�sured mortgage.
<br /> any improvement now or hereafler erected on the land; (iii) a 4.Unentorceebility af the Ben of 1he hmured rtprtgage because d the
<br /> separaYon in ownership or a change in the dimensions or area of the Inability a taNure of the hts�xed ffi Date ot Po&.y, a the kiebWly a
<br /> land or any parcel o( which the lano is or was e part; or (iv) faflure of arry subsequent owner ot 1he indebtedneas,to cornpy wBh
<br /> envfronmeMal proteciion,or tl�e effect of any vidation of these lews, applicable dofng business laws of the state in which the land is
<br /> ordinar�ces w govemmental regulations, except W the extent that a silualed.
<br /> notice of the en(orcemeni thereof or a notice of a defecl, lien or 5.Irnalidity or unen(oroeabflity of the Ifen of the insured rtartgage, a
<br /> erxx,mbrance res�,reng h«n a violatlon w al�egea vlda6on aneding dafm mereor� wnid, erises an a me aansacc�on ewdenced by�ne
<br /> the land has been recarded in the public reoords at Date of Pdicy.(b) ir�sured nartgape and is based upon uwry or erry consurner credit
<br /> My govemmeMal poli�power not exduded by(a)above,except to proteclion a Wlh in leixling lew.
<br /> u�e�m a��a�ouoe m a,e eXe��mereot o�a�ou�a�der�, 6.My statutory Ifen for servfces, labor or materials (or the clalm of
<br /> lien or encumbrance resutting from a violation or alleged violatlon priority of any steWtory lien ta services, labor w meterials wer the
<br /> affecting the land has been recorded in tlie public reoorcls at Dale of lien of the insured mortgage) arising from an improvert�ent w work
<br /> Pdi�y. related to the lend which Is contracted for and commenced
<br /> subsequent to Date of Pdky and(s not finariced in whole a in part by
<br /> i proceeds of the IndeMedness seared by the insured mortgege xmidi
<br /> _ at Date d PaYcy tlre k�sured hes advanced a is obfgeted to aMance.
<br /> �.a�y aa�m,wn�cn�an rn u�va�sacao�ae�a�a��a
<br /> the mortgage insured by this PawY� bY reason of the operatlon of
<br /> federal banknptcy� state kisoNency� or similer credtors' riphls laws�
<br /> tl�at is based on:
<br /> (a) the transactlon creatlng the interest of the insured mortgegea
<br /> being deemed a haudulent conveyence or iraudulent transfer, or
<br /> (b) the subord�edon of tlie hDerest of the insured mortgagee as a
<br /> result of the applica0on d tlie dodi6ie d eqt�teble a�adriatlar,or
<br /> (c) the Vansaction creadng the interesl of the ireured mortgegee
<br /> 2.RigMs of emineM dort�ain unless notice ot the ezerdse thereof hes ee�n9 aeemea a�re�erennai a�er exce�wnere u�e p�ererem�
<br /> been recorded in the publlc reccrds at Date of Policy, but not p�e�r�u�hom q�e}y�;
<br /> exdudng rrom coverage anr tabng wnicl,nes oocurred prbr ro oate (�ro mnely recora a�e YWn.r�ent a Vansier;«
<br /> of Pdic.y which would be tdndng on the righls of a purchaser for vaNie (�of such recadetlon to irt�art notice to a{wrdiaser for value
<br /> wlC�oirt laiowledge. oi a kidgmerd ar Ren aed'Aa. - .._. . . .
<br /> 3.Defecls� liens, encumbrances, adverse Gaims or other matters: (e) _ _ . ___._ __ . .. .._ .. _ .._....___.___. .._...
<br /> created�suffered� essiuned a agreod lo by the k�sured deknan4 (b) -
<br /> rwt Ivwvm to the Comparnl,rat recorded in the public records at Daie
<br /> t of Policy, but known to the insured claimant and not disGosed in
<br /> I writlng to the Compeny by the insured daimant prior to the date the
<br /> ! � •
<br />
|