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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 Commitment <br /> other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the <br /> Company in writing, the Company shall be relieved from liability for any loss or damage resulting <br /> from any act of reliance hereon to the extent the Company is prejudiced by failure to disclose such <br /> knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the <br /> Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim <br /> or other matter,the Company, at its option, may amend Schedule B of this Commitment accordingly, <br /> but such amendment shall not relieve the Company from liability previously incurred pursuant to <br /> paragraph 3 of these Conditions. <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 the Exclusions from Coverage of the <br /> form of policy or policies committed for in favor of the proposed Insured which are hereby <br /> incorporated by reference and are made a part of this Commitment except as expressly modified <br /> 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 whether or not based on negligence arising out <br /> of the status of the title to the estate or interest or the status of the mortgage thereon covered by this <br /> Commitment must be based on and are subject to the provisions of this Commitment. <br /> S. The policy to be issued will contain the following arbitration clause: <br /> Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules <br /> of the American Arbitration Association may be demanded if agreed to by both the Company and <br /> the Insured at the time of the controversy or claim. Arbitrable matters may include, but are not <br /> limited to, any controversy or claim between the Company and the Insured arising out of or <br /> relating to this policy,and service of the Company in connection with its issuance or the breach of <br /> a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in <br /> effect on the date the demand for arbitration is made or, at the option of the Insured, the Rules in <br /> effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees <br /> only if the laws of the state in which the Land is located permit a court to award attorneys'fees to <br /> a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any <br /> court having jurisdiction thereof. <br /> The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration <br /> Rules. <br /> A copy of the Rules may be obtained from the Company upon request. <br /> FORM CF6(rev.12110)(With Florida Modifications) Page 2 of 2 <br /> DoubleT(me®7.0.3 <br />