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CONDITIONS <br />1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security <br />instrument. <br />2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse <br />claim or other matter affecting the estate or interest or mortgage thereon covered by this <br />Commitment other than those shown in Schedule B hereof, and shall fail to disclose such <br />knowledge to the Company in writing, 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 <br />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, <br />encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of <br />this Commitment accordingly, but such amendment shall not relieve the Company from liability <br />previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. <br />3. Liability of the Company under this Commitment shall be only to the named proposed Insured and <br />such parties included under the definition of Insured in the form of policy or policies committed for <br />and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with <br />the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or <br />create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such <br />liability exceed the amount stated in Schedule A for the policy or policies committed for and such <br />liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions <br />from Coverage 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 <br />expressly modified herein. <br />4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of <br />title or a report of the condition of title. Any action or actions or rights of action that the proposed <br />Insured may have or may bring against the Company arising out of the status of the title to the estate <br />or interest or the status of the mortgage thereon covered by this Commitment must be based on and <br />are subject to the provisions of this Commitment. <br />5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of <br />Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the <br />Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< <br />http: //tvu~tiv. alta. org/>. <br />e <br />~~~~ <br />title uarant com any <br />9 Y p <br />All notices required to be given the Company and any statement in writing required to be famished the Company shall be <br />addressed to it at P.O. Box 2029, Houston, Texas 77252. <br />