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2017-212A
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Last modified
6/13/2018 11:43:44 AM
Creation date
6/13/2018 11:43:14 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Deed
Approved Date
12/19/2017
Control Number
2017-212A
Agenda Item Number
8.E.
Entity Name
TD Bank NA
Subject
66th Avenue Widening Project Right of Way
Area
69th Street to 85th Street (CR 510)
Alternate Name
Special Warranty Deed
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COMMITMENT CONDITIONS <br />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 <br />term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, <br />title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this <br />does 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 <br />means 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 <br />imparting 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. <br />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 8, Part I - Requirements; and Schedule 8, Part II - Exceptions. <br />Copyright 2006-2016 American Land Title Association. All rights reserved. � <br />The use of this Form or an derivative thereof) is restricted to ALTA licensees and ALTA members in good standing LANO 1111 <br />11 J <br />� Y � 9 9 i.Awa��Tir <br />as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. �.sr;i iTi yN <br />File No. 20171117 <br />FL -008 UN ALTA Commitment for Title Insurance with Florida Modifications 8-1-16 <br />Page 2 of 3 <br />
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