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2020.01.21 Planning Commission
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2020.01.21 Planning Commission
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This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue <br />Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the <br />Company or its issuing agent that may be in electronic form. <br />Copyright 2006-2016 American Land Title Association. All rights reserved. <br />The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. <br />All other uses are prohibited. Reprinted under license from the American Land Title Association. <br />LT File No. : 554740 <br />008-UN ALTA Commitment For Title Insurance 8-1-16 <br />Page 2 of 9 <br />COMMITMENT CONDITIONS <br />1. DEFINITIONS <br />(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public <br />Records. <br />(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term <br />“Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, <br />interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does <br />not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. <br />(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means <br />authorized by law. <br />(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to <br />be issued by the Company pursuant to this Commitment. <br />(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued <br />pursuant to this Commitment. <br />(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each <br />Policy to be issued pursuant to this Commitment. <br />(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting <br />constructive notice of matters relating to real property to purchasers for value and without Knowledge. <br />(h) “Title”: The estate or interest described in Schedule A. <br />2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment <br />to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. <br />3.The Company’s liability and obligation is limited by and this Commitment is not valid without: <br />(a)the Notice; <br />(b)the Commitment to Issue Policy; <br />(c)the Commitment Conditions; <br />(d)Schedule A; <br />(e)Schedule B, Part I - Requirements; <br />(f)Schedule B, Part II - Exceptions; and <br />(g) a countersignature by the Company or its issuing agent that may be in electronic form. <br />4.COMPANY’S RIGHT TO AMEND <br />The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, <br />lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any <br />liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other <br />amendment to this Commitment. <br />5. LIMITATIONS OF LIABILITY <br />(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense <br />incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the <br />delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: <br />(i) comply with the Schedule B, Part I - Requirements; <br />(ii) eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or <br />(iii) acquire the Title or create the Mortgage covered by this Commitment. <br />(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the <br />amendment or had Knowledge of the matter and did not notify the Company about it in writing. <br />(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have <br />incurred the expense had the Commitment included the added matter when the Commitment was first delivered <br />to the Proposed Insured.
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