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9-25-2000 9:57At4 FROP+~;I_~ E4RTH I70vERS INC 719 852 ~ p- g <br />CONDITIONS <br />1. DEFINITIONS <br />(a) "Mortgage" means mortgage, deed of trust or other security instrument <br />(b) "Public Records" means title records that give constructive notice of matters affecting the title <br />according to the state law where the land is located. <br />2. LATER DEFECTS <br />The Exceptions in Schedule B• Section 2 may be amended to show any defects, liens or encumbrances <br />that appearforthe firsttime In public records orare created or attached between the Commitment Date <br />and the date on which all of the Requirements of ScheduleB•Sectionl aremetWeshallhaven0liabllity <br />to you because of this amendment <br />3. EXISTING DEFECTS <br />If anydetects, liens orencumbrances existing at Commitment Date are not shown In Schedule B, we may <br />amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum- <br />brances, we shall be liableto you according to Paragreph 4 below unless you knewotthis information and <br />did not tell us about it in writing. <br />4. LIMITATION OF OUR LIABILITY <br />Our only obligation Is to issue to you the Policy referred to in this Commitment, when you have met its <br />Requirements Ifwe haveany IiabiliYltoyou foranylossyou incurbecause ofan errorin thisCommitment <br />our liability will be limited toyouractual loss caused byyour relying on this Commitmentwhen you acted <br />in good faith to: <br />comply with the Requirements shown in Schedule B -Section 1 <br />or <br />eliminate with our written Consent eny Exceptions shown in Schedule B -Section 2. <br />We shall not be liable for more than the PolicyAmount shown in Schedule A otthis Commitmantand our <br />liability Is subject t0 the terms of the Policy form to be issued to you <br />5. CLAIMS MUST BE BASED ON THIS COMMITMENT <br />Any claim,whetheror notbased on negligence, which you mayhave against us concerning the title tothe <br />land must be based on this Commitment and is subject to its terms <br />