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HomeMy WebLinkAbout950985.tiff y , 7 CU of / o'clock V M ...�„ ^•f O 888 No. 1810424 0 it State of Colorado, Weld County Clerk & Recorder ORDINANCE NO. 63 7 AN ORDINANCE AUTHORIZING THE SALE OF LOTS 1, 2 , 3, 4 AND 5 INCLU- SIVE, CRANFORD SUBDIVISION, BLOCK 162, CITY OF GREELEY, WELD COUNTY, C. COLORADO TO BARRY E. SERLIS, JOHN E. GLODE , AND LEO SIMON FOR THE SUM OF ONE HUNDRED THOUSAND DOLLARS ($100 , 000) PLUS ACCRUED INTEREST. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO: 0 WHEREAS, the Board of County Commissioners of Weld County, 0 Colorado have previously determined that the Old Weld County Nursing Home which is described as Lots 1, 2 , 3 , 4 and 5 inclusive, ;.: Cranford Subdivision, Block 162 , City of Greeley, Weld County, Colorado, constituted real property not needed for governmental purposes and that it was therefore in the best interests of the e. cis citizens of Weld County to sell said real estate for the highest possible price, and WHEREAS, Weld County, Colorado did, on March 12 , 1979 enter into an agreement for the sale of said real property to Barry E. Serlis for the total sum of ONE HUNDRED THOUSAND DOLLARS ($100 , 000) together with interest as provided in an agreement made on March 12 , 1979, and WHEREAS, the said Barry E. Serlis and John E. Glode and Leo Simon, partners of Barry E. Serlis, have requested that the closing of said sale be held on November 30 , 1979 . NOW, THEREFORE, BE IT ORDAINED by the Board of County Com- missioners that the Chairman of the Board of County Commissioners of Weld County, Colorado be, and hereby is , authorized and directed to execute a Deed of Conveyance to the aforementioned real property to Barry E. Serlis, John E. Glode and Leo Simon on November 30 , 1979 upon receipt by Weld County of the total purchase price of ONE HUNDRED THOUSAND DOLLARS ($100 , 000) plus accrued interest as set forth in the agreement previously entered into by and between Weld County and Barry E. Serlis, said agreement being dated March 12 , 1979 . BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado that it is necessary to close the afore- mentioned real estate sale on November 30 , 1979 in order to comply 8pO 892 y O 0 o'clock .19 J jN 7 1980 Recorded at ... --•--- p L Rec. No. 1813621 , W7�.�w�-i p�• State of Colorado, Weld County Clerk `950985 88 1810424 with the provisions of the contract previously entered into by and between the purchasers and Weld County, Colorado and there- fore this Ordinance is declared to be an emergency ordinance pursuant to the provisions of 3-14 (6) of the Weld County Home Rule Charter. The above and foregoing Ordinance No. 63 was, on motion duly made and seconded, adopted by the following vote on the 29th day of November, A.D. , 1979 . ATTEST: 'Y svc v r + , A: y� BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk and Recorder /�� � ma ia_e � lerk to the Norman Carlson, Chairman By" k al �n f%in /P/1i De uty Coun erk Ly a Dunbar P ED AS TO FORM: ( ��. �� t L , , �• G C. W. Kirby e £Qunty Attorney Leonard L. Roe Y' ne K. Steinmark e i . DATE PRESENTED: NOVEMBER 29, 1979 DATE PUBLISHED: DECEMBER 6, 1979 in the Platteville Herald 1 1 F 1 - 1, I Pit 14 LEADEIWIERALD Affidavit of Publication - - ' I' 'MA I At H -. STATE OF COLORADO, 1 ss. - County of Weld, 1 - /) OR DINAN W �/, r AN 0RDINANC AUTHORIZ- 1, . td ���t JQE1vy'__ �TS 1,2.3,4. 7 .-..- . of 1N0 THE ante I INCLUDSIVLUDSIV K 162,RANRD CITY said County of Weld, being duly sworn, soy that SUBDIVISION\B, K I ;Ai publisher of - OF 4REELEY, BD COUNTY, �eir.d.-t�Yyl� :.er1'Ct. 1-cr/ez_ SER COLORADO C JOHN TOBARRY E. - .',G�CL"G �rLGc1 _. LEO SIMON RE,ThE AND LEO FOR,TMF SUM OF that the same is a weekly newspaper of general ONE .HUNDRED 'THOUSAND • DOLLARS (floo,ew) PLUS AC- circulation and printed and published in the CRURD INTEREST 'BE IT ORDAINED EY THE town of —*.e4i4YI'e rCedii.___._ BOARD OF COUNTY COMMIS- in said county and state; that the notice or adver- STONERS OF WELD COUNTY, tisement, of which the annexed is a true copy, COLHEREA. rd of COunty LORADOS,mof_ has been published in said weekly newspaper Commissieners of_NouslyO County, Colorado have pyav for _ / consecutive mined that the Old Weld County weeks: that tic, notice was published in the Nursing 2, 3,e 4 enN S inclusiedve, as 1,ho u 4 end S dock 1 , regular and entire issue of every number of said Cranford SUUNv1Uen, Block lfi, news o er durinq the Pu. City of Greeley,. Weld County, P P period and time of b!:- Colorado,constituted real properly cation of said notice and in the newspaper - not needed for governmental pur- poses and that O Was merfore in the proper and not in a supplement thereof: That the best interests of the citizens of Weld first publication of said notice was contained in. r Count/to sell said real estate for WHEREAS,the highest possible Weld Prices,and the issue of said newspaper bearing date. theCounty, Colo- / -Lam. day of C'L.7 ir_L!i'(- A.G., 19 7:I?: rado did, on Morph 12, 1979 enter. Into an agreement for the sale of and the last publication thereof, in the issue or said real property sa to Barry E. ,1:::,newspaper bearing date, the day o: Saris for Me fetal sum of ONE HUNDRED THOUSAND DOL- "CE?2Li. / LARS ($100000) together with 19,,127.9; that the said interest as provided in an agree- / ment made on 1919,and r - WHEREAS, the said Barry E. __.___„ice,-/-•Le;- �.;.<<y,�_�. . Serlis and John.E. Diode and Leo Simon,partners of Barry E.Serlis, has been published continuously and uninterrupt- — have requested that the closing of edly during the period of at least fifty-two con- 19R.said:ale be he1C.un November 30, secutive weeks next prior to the first issue thereof NOW, THEREFORE, BE IT containing said notice or advertisement above ORDAINED by the Board of County referred to; and that said newspaper was at the oof the Board ds Of that tin chairman C the scon of at th. Commis- time n time of each of the publications of said notice, sinners of Weld County, Colorado duly qualified for that purpose within the mean- directed and hereby Is, authorized and directed to execute a Deed of ing of an act, entitled, "An Act Concerning Legal Conveyance to the aforementioned ea property to,Barry E. Serlis, Notices, Advertisements and Publications, and J �E.GIodo and Leo Simon on the Fees of Printers and Publishers thereof, and November 30,1979 upon receipt by to Repeal all Acts and Parts of Acts in Conflict Weld County of the total purchase price of ONE HUNDRED THOU- with the Provisions of this Act," approved April 7, SAND DOLLARS (5,00,000) Plus 1921, and all amendments thereof, and particu- - accrued interest as set forth in the agreement previously entered into lady as amended by an act approved, March 30, by and between Weld County and 1923, and act approved May 18 931. Barry E. Serbs, said agreement being dated March 12, 1979. BE IT FURTHER'ORDAINED n." by the Board of County Comlgis- ._...._ _. ... _. ___. _ ..... _. __ sinners of Weld County, Colorado Public r that H is necessary to close Me aforementioned real estate sale on Subscribed sworn to before me this ..../Z7 NoyemlKr 1979 in orderto comply with the provisions of the day of _ A.D., 19.10 rontract previously entered into by and between the the purchasers and �) Weld County, Colorado and there- fore/1./ this ergencce is r- --�Y/Y Ui�f/`^/ an emergency ordinance declared to �/ v�/ 'suant to the provisions of 3-14(6)of the My commission expires /i—/ -O eC. • Charter. .County Home Rule The above and foregoing Ordi- Notary Public nonce No.63 was,on motion Only made and seconded,adopted by the following Ate on.D., 1979.the'39M-My of BOARD OF COUNTY COMMISSIONERS • WELDCOUNTY,COLORADO. • Norman CarliLydiChairman ubar C.W.Kirby Leonard.L.Roe June K.Steinmark ATTEST: ryAnn Feu eeeeen Weld County and Recorder and Clerk to the Boar,. By: Jeannette Ordway Deputy County Clerk Thomas 0. DAPPROVED avid• AS O FORM:Ceuoty`Att0rMY DATE PRESENTED: NOVEM-. BER D,1979 Published in the Platteville Herald,La Salle Leader,Thursday, December 6, 1979. • November 30, 1979 RECEIVED FROM: Barry E. Serlis John E. Glode Leo Simon FOR: Payment for the sale of Lots 1, 2, 3, 4 and 5, Block 162, Cranford's Subdivision of Blocks 162 and 155, in the City of Greeley, Weld County, Colorado: Total sales price: $100,000.00 Paid: August 21, 1978 1,865.00 June 1, 1979 8,135.00 November 30, 1979 90,000.00 Balance Due -0- Accrued interest in the amount of $4,500.00 received for interest for the period of June 1, 1979 through November 30, 1979, as per resolution dated May 30, 1979 . Norman Carlson, Chairman Board of Commissioners Weld County, Colorado �� Store of Colorudo, Weld County Clerk & Recorder 889 . 63 NOV 3 01979 Recorded at o'clock M, on Book Page Reception No. 181064,4 a Recorder J- Weld County Colorndo -11 ' c Warranty Teat THIS DEED is a conveyance of the real property described below, including any improvements and other ,;.s O' appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. C) o The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property:except for (1)the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights-of-way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5)any protective covenants and restric- . a O bons shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions The specific terms of this deed are: .:ie C GRANTOR: ICive names) and place(s)of residence, if the spouse of the owner-grantor is joining in this Deed to releases homestead rights. identify grantors as husband and wife.) .4 1— :::O2 ' Weld County, Colorado, a body corporate and oolitic o , M :O O GRANTEE: (Cove name(s) and address(es). statement of address, including available road or street number, is required.) 11:O ,t Barry E. Serlis , John E. Glode and Leo Simon o :: -I M v1 FORM OF CO-OWNERSHIP: (If there are two or more grantees named, they will be considered to take as tenants in common unless ::d-T2.) i' `� the words"in joint tenancy"or words of the same meaning are added in the space below.) �-' As Tenants in Common PROPERTY DESCRIPTION: (Include county and state) Lots 1 , 2, 3 , 4 and 5, Block 162 , Cranford' s Subdivi— sion of Blocks 162 and 155, in the City of Greeley, C...) Weld County, Colorado - CONSIDERATION: (The statement of a dollar amount is optional; adequate consideration for this deed will be presumed unless this conveyance is identified as a gift; in any case this conveyance is absolute, final and unconditional.) — ONE ONE HUNDRED THOUSAND DOLLARS ($100 , 000 . 00) RESERVATIONS-RESTRICTIONS: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or if the GRANTOR is restricting the GRANTEE'S rights in the property. make appropriate indication.) ' NONE ' ,,, , � .. c j t - +AgDITIONkI'WARRANTY EXCEPTIONS: (Include morteages being assumed and other matters not covered above.) _ .- --(i• i NONE • I • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 77 7.7 eon _ 'Nov $ n d ember 30 , 19 79 By : `Atiecch fir, Norman Carlson, Chairman Grantor Grantor .\ E COLORAD ) ss. Grantor --.C4? NTY.OF �' ;' ) Yf kr bi g initrument was acknowledged before me this .1c.) day of o-r"- G=r , 19 i hx Norman Carlson, Chairman, Board of County Conrniss.�ioners-Weld County WITNESS my hand and official eal.. (,--/..`41" ' My commission expires: -v�i/ 62 Notary Public 7 • STATE OF ) ss- COUNTY OF 1 The foregoing instrument was acknowledged before me this day of , 19 by WITNESS my hand and official seal. My commission expires: Notary Public NO 201 1977 UPDATE LEGAL FORMS ) P.O. BOX 1315. GREELEY, COLORADO 80632 ra • SENDER: Complete items 1.2,and S. Add your address in the 'RETURN TO" space on 9 reverse. SrS 1. The following service is requested (check one). 250 0 Show to whom and date delivered Show to whom,date,&address of delivery 450 O RESTRICTED DELIVERY. • SSd Show to whom and date delivered 0 RESTRICTED DELIVERY. Show to whom,date,and address of delivery ..$1.05 (Fees shown are in addition to postage charges and other fees). 2. ARTICLE ADDRESSED.TO: w' 2Barry E. Serlis P. O. Box 1407 z Longmont, Colo 80501 RI 3. ARTICLE DESCRIPTION: A REGISTERED NO. CERTIFIED NO. I INSURED NO. ' : 1641057 't Wows obtain airatum of or anongjrl I have received e article descn d above. g SNIRAI E ddressce Authorized agent i /.60 �R I 4 DATE OF DELIVERY{ EQ iegi� \K Gs. ESA for onry it rwl�sto AA'' 67fTV` 6. UNABLE TO DELIVER BECAUSE R vo III S s prop:Old Nursing Hine *oop:Ins"o-zos-asa RECEIPT FOR CERTIFIED MAIL-3W (plus postage) POSTMARK SENT TO OR DATE• Barry E. Serlis STREET AND NO. N. P. O. Box 1407 P.O., STATE AND ZIP CODE O Longmont, Colo 80501 •4-"`. - OPTIONAL SERVICES FOR ADDITIONAL FEES _ __ RETURN t. Shows to whom and date delivered 450 With delivery to addressee only 650 LC RECEIPT 2, Shows to whom,date and where delivered.. 350 SERVICES With delivery to addressee only 50 DELIVER TO ADDRESSEE ONLY 556 _ _ _ -- - Q -SPECIAL DELIVERY (extra fee required) Z P5 Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL a GPO 1974 0-551-454 CHICAGO TITLE INSURANCE COMPANY 1221 EIGHTH AVENUE, GREELEY, COLORADO 80631 (303) 356-3232 METRO 623-3232 Fal(i) I I SF11 GREELEY OFFICE RE: OUR ORDER NO.: 505-79-1242 PROPERTY ADDRESS: BUYER'S NAME: Barry E. Serlis, John E. Glode and Leo Simon Tax Certificate Ordered: Yes ( ) No (X ) Survey Ordered: Yes ( ) No ( X) Original Commitment: Weld County Centennial Center attn: Don Warden Copies: WE APPRECIATE YOUR BUSINESS F.2357 CHICAGO TITLE INSURANCE COMPANY L 4 k COMMITMENT FOR TITLE INSURANCE f CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. • This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws. -r This Commitment is effective as of the date shown in Schedule A as "Effective Date." CHICAGO TITLE INSURANCE COMPANY Issued by: By: CHICAGO TITLE INSURANCE COMPANY �f 1221 8th Avenue Greeley, Colorado 8063 I (303) 356-3232 President. p METRO 623-3232 IP ATTEST: TC. /,2cr Secretary. Authorized Officer or Agent J- 00.." F.2880 CTIRB: 5-1-75 CONDITIONS AND STIPULATIONS 1. The term "mortgage,"when used herein,shall include deed of trust, trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. OChicagoTttte, agceCompa COMMITMEN? r+TITLE INSURANCE SCHEDULE A I. !i. OILC UAL' „ :•, , 1979 @ 7 :00 y.i1. Caec Nc,.__505-7` ' =.._.. _.._ _1. I oli y or PaliCicL 1O be ;span°J. A. Al IA Owntah Policy Amount$ ]00,000.011 Propuacd Inwccd. CARRY E. SI'RI,15, ,JOHN C. GLOVE AND LEO SIMON B. Al IA I Poky Amount$ Pr opc'eI in O1 i cd Amount$_ c,.!Ali It °bed or Het e:3 co ;n this Contimionen, and cuv_ied h .! Hatt ate omc I-i in c. WELD COUNTY, .a quasi municipal corporation of the State of Colorado (Lot 5) WELD COUNTY, COLORADO (Lots 1-4) L Hui r1_ ! _. .: tit ;Twit!!it is descioet as 'oll.,us: Lots 1, 2, 3, 4, and 5, Block 162, CRANFORD' S SIIBDTVTSTON OF BLOCKS 162 AND 155, in the City of Creel ey, Weld County, Colorado. SCHEDULE A—PAGE 1 —NO. IRA! III' 1111 I6� N111:1'11111 I'I I!iIIF!h° I 1.41t: iila�li1 lib {IIiR41MC SCIIEDLIL.E B SECTION 1 Compile I ‘oii> t of tilt ;;tar loss Cr it>ft;:cots of the roll consideratior. t' e estate of Lit.rest o tic IFsored roust 1M a tcuted and di to by Corn['W ( onni ;.. toners cf Wield Conn o 1 Cow t ;. a cnasinuni_7.inal corporationn O ado 'Et d,trrJ 1. . =crl.is, John E. Gl.ode 'Y assessne 3t3 as.(r:ec t ,.ua .L: ),L ( pre ,disclo e I 1, SCHEDULE B—SECTION 1 —PAGE 1 --NO. . 1P1 1 II 1 I ti: - :p,S '. t ;CHE:ul_IE B SIEc r1L N 2 I IM I-TIOI6 I contai 1 ex_cption, to th Lcllo-cingmat c_; unless th • not shrNn 1} t1e Lull ( +e_trti). shown I } tlr puhli: e t or I.. 1es, she t ru Iii tie , :r P.r ,}it:n hits, ill an, racts wl tot shot I hi h: ri hliz rc ;1rd;. „labor i. rI.ti,stal cc v rt or Levin) ] Lulu shed,ii aims or n w inint ) iTh ^ cce ed Lir; tpr, .i ingil to the It ii le Enm.t )3_d irsurc cu cIi n o- ;word tot shot '1 u, t;isli ..) ices 3} tI( .81)l .; ),.-it.id; object I ) Ili t aria it n, it ;ny,tuhet t:nim r itch one o )7.I, a lien, but not yet due or payable. r i i i i iv,' n n, nlents is now estab]fished and used, inc l : . i h., i I., -, , , I ,n.- , I 1). . Ines, power lines and telephone lines. I ; qo,.r 5, -:li :,•t liin , ,cliich contains a reverter clause, from Frn ,_,=si .n.- . c ranH - I I. .:rl : • . I :n,ii , hecorin d October 7, 1905, in Book 221, Page LS , Lt, rl La ih❑i t n : i i in I ',mini-,- shall never be manufactured, sold or giro ii.. i -. i inr,-eh tr,_ Id 1 I , nl iii , I is hi port on said premises. SCHEDULE B—SECTION 2—PAGE 1 --NO. CHICAGO TITLE INSURANCE COMPANY rf COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for „ a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and pp� charges therefor; all subject to the provisions of Schedule A-and B and to the Conditions and Stipulations hereof. 5 This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. S. P. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is riot the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company,all in accordance with its By-Laws. 'F; This Commitment is effective as of the date shown in Schedule A as "Effective Date." ii- CHICAGO TITLE INSURANCE COMPANY r. N By. Issued by: i. w, CHICAGO TITLE INSURANCF, COMPANY �f F 1 221 8th Avenue ��/ Greeley, Colorado 80631 (303) 356-3232 President. METRO 623-3232 y ] Is cr ATTEST: ;. p. 14. Secretary. iw ;Authorized Officer or Agent 'y V/ w I per� F.2880 CTIRB: 5-1-75 CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. Hello