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ALTA ENDORSEMENT FORM 1
(Street Assessments)

Insures the lender against loss or damage which it might sustain by reason of any assessments for street improvements either under construction or competed at the date of the policy which could gain priority over the insured mortgage (any assessments for street improvements under construction or completed at Date of Policy not excepted in Schedule B which now have gained or hereafter may gain priority over the lien of the insured mortgage).

ALTA ENDORSEMENT FORM 2
(Truth in Lending)

Insures affirmatively an insured under a loan policy against loss or damage sustained by reason of the exercise of the right of rescission conferred upon a mortgage borrower under the Federal Truth in Lending Act, as implemented by Regulation Z. Any final judgment of a court of competent jurisdiction that either the lien of the insured mortgage has been terminated or the title of the insured who has acquired all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage, has been defeated by a valid exercise of the right of rescission conferred by the Federal Truth in Lending Act and that the right or rights of rescission existed because neither the credit transaction evidenced by the insured mortgage nor the right of rescission thereof was exempted or excepted by the provisions of Regulation Z (12 CFR 226).

ALTA ENDORSEMENT FORM 3
(Zoning - Vacant Land)

Informs the insured under an owner's or loan policy of the zoning classification under which the land falls and to insure the insured against loss or damage that may be sustained by reason of inaccuracies in the information supplied or a final judicial determination invalidating the zoning ordinance establishing such classification and resulting in the prohibition of such uses The Company insures the insured against loss or damage sustained in the event that, at Date of Policy: According to applicable zoning ordinances and amendments thereto, the land is not classified Zone [INSERT CURRENT ZONING CLASSIFICATION OF INSURED LAND] The following use or uses are not allowed under that classification: [INSERT CURRENT OR INTENDED USE OF INSURED LAND WHICH IS A PERMITTED USE UNDER CURRENT CLASSIFICATION (Example--Manufacturing Facility)] There shall be no liability under this endorsement based on:

(a) Lack of compliance with any conditions, restrictions or requirements contained in the zoning ordinances and amendments thereto mentioned above, including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses.

(b) The invalidity of the ordinances and amendments thereto mentioned above until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses.

(c) The refusal of any person to purchase, lease or lend money on the estate or interest covered by this policy.


ALTA ENDORSEMENT FORM 3.1
(Zoning - Completed Improvements)

Expands the coverage given in Form 3 to insure the insured further against loss or damage that may be sustained by reason of a final judgment requiring the removal or alteration of existing structures on the land, on the grounds that they are violation of the zoning restrictions imposed on the use of the land relating to the site or floor area, set back lines, height of the building or number of parking spaces. The Company insures the insured against loss or damage sustained in the event that, at Date of Policy:

(a) According to applicable zoning ordinances and amendments thereto, the land is not classified Zone [INSERT CURRENT ZONING CLASSIFICATION OF INSURED]

(b) The following use or uses are not allowed under that classification: [INSERT CURRENT USE OF INSURED LAND WHICH IS A PERMITTED USE UNDER CURRENT ZONING CLASSIFICATION]
And there shall be no liability under this paragraph 1(b) if the use or uses are not allowed as a result of any lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments thereto mentioned above, including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use or uses. The Company further insures the insured against loss or damage arising from a final decree of a court of competent jurisdiction

(a) Prohibiting the use of the land, with any structure presently located thereon, as insured in paragraph 1(b); or

(b) Requiring the removal or alteration of the structure
on the basis that, at Date of Policy, the ordinances and amendments thereto have been violated with respect to any of the following matters:

(i) Area, width or depth of the land as a building site for the structure;
(ii) Floor space area of the structure;

(iii) Setback of the structure from the property lines of the land;

(iv) Height of the structure; or

(v) Number of parking spaces.
There shall be no liability under this endorsement based on:

(a) The invalidity of the ordinances and amendments thereto mentioned above until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses.

(b) The refusal of any person to purchase, lease or lend money on the estate or interest covered by this policy.


ALTA ENDORSEMENT FORM 4
(Condominiums)

Provides special comprehensive title protection as to matters peculiar to condominiums. This endorsement is available to both owners and lenders, subject to review of each item of coverage. This endorsement is not intended to insure the title of the developer. The Company insures the insured against loss or damage sustained by reason of:

1. The failure of the unit identified in Schedule A and its common elements to be part of a condominium within the meaning of the condominium statues of the jurisdiction in which the unit and its common elements are located.

2. The failure of the documents required by the condominium statutes to comply with the requirements of the statutes to the extent that such failure affects the title to the unit and its common elements.

3. Present violations of any restrictive covenants which restrict the use of the unit and its common elements and which are contained in the condominium documents, except violations relating to environmental protection unless a notice of a violation thereof has been recorded or filed in the public records and is not excepted in Schedule B. The restrictive covenants do not contain any provisions, which will cause a forfeiture or reversion of title.

4. The priority of any lien for charges and assessments at Date of Policy provided for in the condominium statutes and condominium documents over the lien of any insured mortgage identified in Schedule A.

5. The failure of the unit and its common elements to be entitled by law to be assessed for real property taxes as a separate parcel.

6. Any obligation to remove any improvements which exist at Date of Policy because of any present encroachments or because of any future unintentional encroachment of the common elements upon any unit or of any unit upon the common elements or another unit.

7. The failure of title be reason of a right of first refusal to purchase the unit and its common elements, which was exercised or could have been exercised at Date of Policy.


ALTA ENDORSEMENT FORM 4.1
(Condominium - Priority of assessment lien)

For use in those several states where legislation has given super priority status to liens for unpaid association charges. The Company insures the insured against loss or damage sustained by reason of:

1. The failure of the unit identified in Schedule A and its common elements to be a part of a condominium within the meaning of condominium statutes of the jurisdiction in which the unit and its common elements are located.

2. The failure of the documents required by the condominium statutes to comply with the requirements of the statutes to the extent that such failure affects the title to the unit and its common elements.

3. Present violations of any restrictive covenants which restrict the use of the unit and its common elements and which are contained in the condominium documents, except violations relating to environmental protection unless a notice of a violation thereof has been recorded or filed in the public records and is not excepted in Schedule B. The restrictive covenants do not contain any provisions, which will cause a forfeiture or reversion of title.

4. Any charges or assessments provided for in the condominium statutes and condominium documents due and unpaid at the Date of Policy.

5. The failure of the unit and its common elements to be entitled by law to be assessed for real property taxes as a separate parcel.

6. Any obligation to remove any improvements which exist at Date of Policy because of any present encroachments or because of any future unintentional encroachment of the common elements upon any unit or of any unit upon the common elements or another unit.

7. The failure of title by reason of a right of first refusal to purchase the unit and its common elements which was exercised or could have been exercised at Date of Policy.


ALTA ENDORSEMENT FORM 5
(Planned Unit Development)

Available for use for both owners and loan policies in some jurisdictions. The endorsement insures against loss due to violations of any restrictive covenants, encroachments, prior unpaid homeowners' association dues or outstanding rights of first refusal. The Company insures the insured against loss or damage sustained by reason of:

1. Present violations of any restrictive covenants referred to in Schedule B which restrict the use of the land, except violations relating to environmental protection unless a notice of a violation thereof has been recorded or filed in the public records and is not excepted in Schedule B. The restrictive covenants do not contain any provisions which will cause a forfeiture or reversion of title.

2. The priority of any lien for charges and assessments at Date of Policy in favor of any association of homeowners which are provided for in any document referred to in Schedule B over the lien of any insured mortgage identified in Schedule A.

3. The enforced removal of any existing structure on the land (other than a boundary wall or fence) because it encroaches onto adjoining land or onto any easements.

4. The failure of title by reason of a right of first refusal to purchase the land which was exercised or could have been exercised at Date of Policy.

ALTA ENDORSEMENT FORM 5.1
(Planned Unit Development - Priority of Assessment Lien)

For use in those several states where legislation has given super priority status to liens for unpaid homeowner association charges. The Company insures the insured against loss or damage sustained by reason of:

1. Present violations of any restrictive covenants referred to in Schedule B which restrict the use of the land, except violations relating to environmental protection unless a notice of a violation thereof has been recorded or filed in the public records and is not excepted in Schedule B. The restrictive covenants do not contain any provisions which will cause a forfeiture or reversion of title.

2. Any charges or assessments in favor of any association of homeowners which are provided for in any document referred to in Schedule B due and unpaid at Date of Policy.

3. The enforced removal of any existing structure on the land (other than a boundary wall or fence) because it encroaches onto adjoining land or onto any easements.

4. The failure of title by reason of a right of first refusal to purchase the land which was exercised or could have been exercised at Date of Policy.

ALTA ENDORSEMENT FORM 6
(Variable Rate Mortgage)

Offers insurance as to the validity and lien priority of mortgage provisions providing for a variable interest rate. The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of:

1. The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest.

2. Loss of priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan, together with interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by the changes in the rate of interest.
"Changes in the rate of interest", as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the insured mortgage at Date of Policy. This endorsement does not insure against loss or damage based upon (a) usury, or (b) any consumer credit protection or truth in lending law.


ALTA ENDORSEMENT FORM 6.1
(Variable Rate Mortgage - with Specific Statutory Reference)

Offers insurance as to the validity and lien priority of mortgage provisions providing for a variable interest rate where such validity and priority depend upon compliance with particular statutes or regulations. The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of:

1. The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for changes in the rate of interest.

2. Loss of priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan, together with interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by the changes in the rate of interest.

"Changes in the rate of interest", as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the insured mortgage at Date of Policy. This endorsement does not insure against loss or damage by reason of the failure of the insured to comply with the following statutes or regulations concerning variable rate mortgages: This endorsement does not insure against loss or damage based upon (a) usury, or (b) any consumer credit protection or truth in lending law.


ALTA ENDORSEMENT FORM 6.2
(Variable Rate Mortgage - Negative Amortization)

Offers insurance as to the validity and lien priority of mortgage provisions providing for both a variable interest rate and negative amortization. The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of:

1. The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for: (a) interest on interest; (b) changes in the rate of interest; or (c) the addition of unpaid interest to the principal balance of the loan.

2. Loss of priority of the lien of the insured mortgage as security for the principal balance of the loan, including any unpaid interest which was added to principal in accordance with the provisions of the insured mortgage, interest on interest, or interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by (a) changes in the rate of interest; (b) interest on interest; or (c) increases in the unpaid principal balance of the loan resulting from the addition of unpaid interest.

"Changes in the rate of interest", as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to the formula provided in the insured mortgage at Date of Policy. This endorsement does not insure against loss or damage based upon (a) usury, or (b) any consumer credit protection or truth in lending law.


ALTA ENDORSEMENT FORM 7
(Manufactured Housing Unit)

Insures a mobile or manufactured home as part of the land, if the statutory conversion procedures have been completed, including permanent foundation and affixation to the land and filing of statutory documents to cancel the home title. The term "land" as defined in this Policy includes the manufactured housing unit located on the land at Date of Policy.

ALTA ENDORSEMENT FORM 8.1
(Environmental Lien Protection)

Insures a lender in situations where a mortgage is made on land used primarily for residential purposes against loss by reason of lack of priority of the lender's lien because of environmental protection liens recorded in those records which under state statutes impart constructive notice of matters relating to real estate or which are filed in the records of the clerk of the United States district court unless the lien is excepted to in Schedule B of the policy. This form also protects against lack of priority for any environmental lien provided for in any state statute in effect at date of policy unless otherwise designated in the endorsement. The insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of lack of priority of the lien of the insured mortgage over:

(a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule B; or

(b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental protection liens provided for by the following state statutes:

NO EXCEPTIONS


ALTA ENDORSEMENT FORM 9
(Restrictions, Encroachments, Minerals)

Gives a lender an assortment of coverages dealing with violations of restrictions, encroachments and future exercise of a right to use the surface of the land for the extraction of minerals. The Company insures the owner of the indebtedness secured by the insured mortgage against loss or damage sustained by reason of:

1. The existence, at Date of Policy, of any of the following:
(a) Covenants, conditions or restrictions under which the lien of the mortgage referred to in Schedule A can be divested, subordinated or extinguished, or its validity, priority or enforceability impaired.
(b) Unless expressly excepted in Schedule B:

(1) Present violations on the land of any enforceable covenants, conditions or restrictions, and any existing improvements on the land which violate any building setback lines shown on a plat of subdivision recorded or filed in the public records.
(2) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land which, in addition, (i) establishes an easement on the land; (ii) provides a lien for liquidated damages; (iii) provides for a private charge or assessment; (iv) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant.
(3) Any encroachment of existing improvements located on the land onto adjoining land, or any encroachment onto the land of existing improvements located on adjoining land.
(4) Any encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B.
(5) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records.

2. Any future violation on the land of any existing covenants, conditions or restrictions occurring prior to the acquisition of title to the estate or interest in the land by the insured, provided the violation results in:
(a) invalidity, loss of priority, or unenforceability of the lien of the insured mortgage; or
(b) loss of title to the estate or interest in the land if the insured shall acquire title in satisfaction of the indebtedness secured by the insured mortgage.

3. Damage to existing improvements, including lawns, shrubbery or trees:
(a) which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved;
(b) resulting from the future exercise of any right to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B.

4. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment excepted in Schedule B.

5. Any final court order or judgment denying the right to maintain any existing improvements on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records.

Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraphs 1(b)(1) and 5, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection.


ALTA ENDORSEMENT FORM 9.1
(Restrictions, Encroachments, Minerals - Owner's Policy - Unimproved Land)

Provides certain frequently requested protections for an owner of unimproved property concerning private property restrictions, encroachments and excepted minerals. The Company insures the Insured against loss or damage sustained by reason of:

1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B:
(a) Present violations on the land of any enforceable covenants, conditions or restrictions.
(b) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land which, in addition, (i) establishes an easement on the land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter or right of forfeiture because of violations on the land of any enforceable covenants, conditions or restrictions.
(c) Any encroachment onto the land of existing improvements located on adjoining land.
(d) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records.

2. Damage to buildings constructed on the land after Date of Policy resulting from the future exercise of any right existing at Date of Policy to use the surface of the land for the extraction or development of minerals excepted from the description of the land excepted in Schedule B.

Whenever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraph 1(a) the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.


ALTA ENDORSEMENT FORM 9.2
(Restrictions, Encroachments, Minerals - Owner's Policy - Improved Land)

Provides certain frequently requested protections for an owner of improved property concerning private property restrictions, encroachments and excepted minerals. The Company insures the Insured against loss or damage sustained by reason of:

3. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B:
(e) Present violations on the land of any enforceable covenants, conditions or restrictions, or any existing improvements on the land which violate any building setback lines shown on a plat of subdivision recorded or filed in the public records.
(f) Any instrument referred to in Schedule B as containing covenants, conditions or restrictions on the land which, in addition, (i) establishes an easement on the land; (ii) provides for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant; or (iii) provides a right of reentry, possibility of reverter or right of forfeiture because of violations on the land of any enforceable covenants, conditions or restrictions.
(g) Any encroachment of existing improvements located on the land onto adjoining land, or any encroachment onto the land of existing improvements located on adjoining land.
(h) Any encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B.
(i) Any notices of violation of covenants, conditions and restrictions relating to environmental protection recorded or filed in the public records.

4. Damage to existing buildings:
(a) Which are located on or encroach upon that portion of the land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved;
(b) Resulting from the future exercise of any right existing at Date of Policy to use the surface of the land for the extraction or development of minerals excepted from the description of the land or excepted in Schedule B.

5. Any final court order or judgment requiring the removal from any land adjoining the land of any encroachment, other than fences, landscaping or driveways, excepted in Schedule B.

6. Any final court order or judgment denying the right to maintain any existing building on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records.

Whenever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in an instrument creating a lease. As used in paragraph 1(a) and 4, the words "covenants, conditions or restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection.


ALTA ENDORSEMENT FORM 10
(Assignment of Mortgage - Without Title Downdate)

Insures the effectiveness of the assignment of mortgage but does not cover matters of record after the effective date of the original loan policy, except to insure that there have been no releases or conveyances that do appear of record.

1. The name of the Insured is amended to read: [INSERT NAME OF ASSIGNEE ON RECORDED ASSIGNMENT]

2. The Company insures the Insured against loss or damage by reason of:
(a) The failure of the following assignment to vest title to the insured mortgage in the Insured:

[INSERT DESCRIPTION OF ASSIGNMENT BEING INSURED (Example--Assignment from First West Bank to Second North Bank dated July 15, 2000, and recorded in Book 567, page 987)]
(b) Any modification, partial or full reconveyance, release, or discharge of the lien of the insured mortgage recorded on or prior to Date of Endorsement in the public records other than those shown in the Policy or a prior endorsement, except:

[INSERT EXCEPTION(S) FOR ANY RECORDED MODIFICATION, RECONVEYANCE, RELEASE OR DISCHARGE OF THE LIEN OF THE INSURED DEED OF TRUST NOT SHOWN ON POLICY OR PRIOR ENDORSEMENT]

This endorsement shall be effective provided that the note or notes secured by the lien of the insured mortgage have been properly endorsed and delivered to the Insured at Date of Endorsement. DATE OF ENDORSEMENT: [INSERT DATE AND TIME OF RECORDING OF ASSIGNMENT


ALTA ENDORSEMENT FORM 10.1
(Assignment of Mortgage - With Title Downdate)

Covers the same items as Form 10 and gives additional coverage over certain matters occurring after the original effective date of the policy and before the date of endorsement. These matters, unless specifically shown in the endorsement, include: real estate taxes or assessments; priority over intervening defects liens or encumbrances; and federal tax liens or encumbrances.

1. The name of the Insured is amended to read: [INSERT NAME OF ASSIGNEE ON RECORDED ASSIGNMENT]

2. The Company insures the Insured against loss or damage by reason of:
(a) The failure of the following assignment to vest title to the insured mortgage in the insured:

[DESCRIBE RECORDED ASSIGNMENT BEING INSURED]

(b) Any liens for taxes or assessments that are due and payable on Date of Endorsement, except:

[INSERT DESCRIPTION OF ALL TAXES THAT ARE DUE AND PAYABLE]

(c) Lack of priority of the lien of the insured mortgage over defects, liens or encumbrances other than those shown in the Policy or a prior endorsement, except:

[INSERT DESCRIPTION OF ALL INTERVENING MATTERS THAT HAVE PRIORITY OVER THE INSURED DEED OF TRUST]

(d) Notices of federal tax liens or notices of pending bankruptcy proceedings affecting the title to the estate or interest in the land described in Schedule A of the Policy and recorded subsequent to the Date of Policy and on or prior to Date of Endorsement except:

[INSERT DESCRIPTION OF ALL FEDERAL TAX LIENS--EVEN IF JUNIOR TO THE INSURED DEED OF TRUST--AND ANY BANKRUPTCY MATTERS]

(e) Any partial or full reconveyance, release or discharge of the lien of the insured mortgage recorded on or prior to Date of Endorsement in the public records other than those shown in the Policy or a prior endorsement, except:

[INSERT EXCEPTION(S) FOR ANY RECORDED MODIFICATION, RECONVEYANCE, RELEASE OR DISCHARGE OF THE LIEN OF THE INSURED DEED OF TRUST NOT SHOWN ON POLICY OR PRIOR ENDORSEMENTS]

This endorsement shall be effective provided that the note or notes secured by the lien of the insured mortgage have been properly endorsed and delivered to the Insured at Date of Endorsement. DATE OF ENDORSEMENT: [INSERT DATE AND TIME OF RECORDING OF ASSIGNMENT]


ALTA ENDORSEMENT FORM 11
(Modification)

Insures the lender that the modification of the insured mortgage evidenced by the document referred to within the endorsement does not impair the validity, enforceability or priority of the insured mortgage. The Company insures against loss or damage sustained or incurred by the insured by reason of:

1. The invalidity or unenforceability of the lien of the insured mortgage upon the title at Date of Endorsement as a result of the agreement dated [INSERT DATE OF MODIFICATION AGREEMENT], recorded [INSERT RECORDING INFORMATION FOR MODIFICATION AGREEMENT] ("Modification"); and

2. The lack of priority of the lien of the insured mortgage, at Date of Endorsement, over defects in, or liens or encumbrances on the title, except for those shown in the policy or any prior endorsement and except:

[INSERT ADDITIONAL EXCEPTIONS AFFECTING PRIORITY OF INSURED DEED OF TRUST]

This endorsement does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, by reason of any claim which arises out of the transaction creating the Modification, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:

(a) the Modification being deemed a fraudulent conveyance or fraudulent transfer; or

(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination because of the Modification; or

(c) the Modification being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.

DATE OF ENDORSEMENT: [INSERT DATE AND TIME OF RECORDING OF MODIFICATION]


ALTA ENDORSEMENT FORM 12
(Aggregation or Tie-In)

Also called the "Tie-in" endorsement. Frequently, mortgages covering many parcels in different recording districts or jurisdictions are recorded for the full amount of the mortgage. Instead of combining all of the parcels into one large loan policy, this endorsement allows an insurer to issue a number of policies for lesser amounts but to tie together the policies so that the insured can take advantage of any increases in the value of a particular parcel should there be a loss. The following policies are issued in conjunction with one another:

POLICY NUMBER: COUNTY: STATE: AMOUNT:

[INSERT POLICY NUMBER, COUNTY AND STATE IN WHICH INSURED LAND LOCATED AND FACE AMOUNT OF FIRST POLICY-REPEAT FOR ALL POLICIES TIED TOGETHER UNDER THIS ENDORSEMENT]

Notwithstanding the provisions of Section 7(a)(i) of the Conditions and Stipulations of this policy, the Amount of Insurance available to cover the Company's liability for loss or damage under this policy at the time of Payment of Loss hereunder shall be the aggregate of the Amount of Insurance under this policy and the other policies identified above. At no time shall the Amount of Insurance under this policy and the other policies identified above exceed in the aggregate $[INSERT MAXIMUM TOTAL AMOUNT OF COVERAGE UNDER ALL POLICIES TIED TOGETHER UNDER THIS ENDORSEMENT]. Subject to the provisions of Section 9(a) of the Conditions and Stipulations of the policies, all payments made by the Company under this policy or any of the other policies identified above, except the payments made for costs, attorney's fees and expenses, shall reduce the aggregate Amount of Insurance pro tanto.


ALTA 13
(Leasehold - Owners)

Provides additional tailored coverages for the lessee-owner of a leasehold estate, replacing the former ALTA Leasehold Owner's Policy.

1. As used in this endorsement, the following terms shall mean:
a. "Evicted" or "Eviction": (a) the lawful deprivation, in whole or in part, of the right of possession insured by this policy, contrary to the terms of the Lease or (b) the lawful prevention of the use of the land or the Tenant Leasehold Improvements for the purposes permitted by the Lease, in either case, as a result of a matter covered by this policy.
b. "Lease": the lease agreement described in Schedule A.
c. "Leasehold Estate": the right of possession for the Lease Term.
d. "Lease Term": the duration of the Leasehold Estate, including any renewal or extended term if a valid option to renew or extend is contained in the Lease.
e. "Personal Property": chattels located on the land and property which, because of their character and manner of affixation to the land, can be severed from the land without causing appreciable damage to themselves or to the land to which they are affixed.
f. "Remaining Lease Term": the portion of the Lease Term remaining after the insured has been Evicted as a result of a matter covered by this policy.
g. "Tenant Leasehold Improvements": Those improvements, including landscaping, required or permitted to be built on the land by the Lease that have been built at the insured's expense or in which the insured has an interest greater than the right to possession during the Lease Term.

2. The provisions of subsection (b) of Section 7 of the Conditions and Stipulations shall not apply to any Leasehold Estate covered by this policy.

3. Valuation of Estate or Interest Insured

If, in computing loss or damage, it becomes necessary to value the estates or interests of the insured as the result of a covered matter that results in an Eviction, then that value shall consist of the value for the Remaining Lease Term of the Leasehold Estate and any Tenant Leasehold Improvements existing on the date of the Eviction. The insured claimant shall have the right to have the Leasehold Estate and the Tenant Leasehold Improvements valued either as a whole or separately. In either event, this determination of value shall take into account rent no longer required to be paid for the Remaining Lease Term.

4. Additional items of loss covered by this endorsement:

If the insured is Evicted, the following items of loss, if applicable, shall be included in computing loss or damage incurred by the insured, but not to the extent that the same are included in the valuation of the estates or interests insured by this policy.
a. The reasonable cost of removing and relocating any Personal Property that the insured has the right to remove and relocate, situated on the land at the time of Eviction, the cost of transportation of that Personal Property for the initial one hundred miles incurred in connection with the relocation, and the reasonable cost of repairing the Personal Property damaged by reason of the removal and relocation.
b. Rent or damages for use and occupancy of the land prior to the Eviction which the insured as owner of the Leasehold Estate is obligated to pay to any person having paramount title to that of the lessor in the Lease.
c. The amount of rent that, by the terms of the Lease, the insured must continue to pay to the lessor after Eviction with respect to the portion of the Leasehold Estate and Tenant Leasehold Improvements from which the insured has been Evicted.
d. The fair market value, at the time of the Eviction, of the estate or interest of the insured in any lease or sublease made by the insured as lessor of all or part of the Leasehold Estate or the Tenant Leasehold Improvements.
e. Damages that the insured is obligated to pay to lessees or sublessees on account of the breach of any lease or sublease made by the insured as lessor of all or part of the Leasehold Estate or the Tenant Leasehold Improvements caused by the Eviction
f. Reasonable costs incurred by the insured to secure a replacement leasehold equivalent to the Leasehold Estate.
g. If Tenant Leasehold Improvements are not substantially completed at the time of Eviction, the actual cost incurred by the insured, less the salvage value, for the Tenant Leasehold Improvements up to the time of Eviction. Those costs include costs incurred to obtain land use, zoning, building and occupancy permits, architectural and engineering fees, construction management fees, costs of environmental testing and reviews, landscaping costs and fees, costs and interest on loans for the acquisition and construction.


ALTA ENDORSEMENT FORM 13.1
(Leasehold - Loan)

Provides additional tailored coverages for the lender for which the security interest is in a leasehold estate, replacing the former ALTA Leasehold Loan Policy.

1. As used in this endorsement, the following terms shall mean:
a. "Evicted" or "Eviction": (a) the lawful deprivation, in whole or in part, of the right of possession insured by this policy, contrary to the terms of the Lease or (b) the lawful prevention of the use of the land or the Tenant Leasehold Improvements for the purposes permitted by the Lease, in either case, as a result of a matter covered by this policy.
b. "Lease": the lease agreement described in Schedule A.
c. "Leasehold Estate": the right of possession for the Lease Term.
d. "Lease Term": the duration of the Leasehold Estate, including any renewal or extended term if a valid option to renew or extend is contained in the Lease.
e. "Personal Property": chattels located on the land and property which, because of their character and manner of affixation to the land, can be severed from the land without causing appreciable damage to themselves or to the land to which they are affixed.
f. "Remaining Lease Term": the portion of the Lease Term remaining after the insured has been Evicted as a result of a matter covered by this policy.
g. "Tenant": the tenant under the Lease and, after acquisition of all or any part of the estate or interest in the land described in Schedule A in accordance with the provisions of Section 2(a) of the Conditions and Stipulations of this policy, the insured claimant.
h. "Tenant Leasehold Improvements": Those improvements, including landscaping, required or permitted to be built on the land by the Lease that have been built at the insured's expense or in which the insured has an interest greater than the right to possession during the Lease Term.

2. Valuation of Estate or Interest Insured
If, in computing loss or damage, it becomes necessary to value the estates or interests insured by this policy as the result of a covered matter that results in an Eviction of the Tenant, then that value shall consist of the value for the Remaining Lease Term of the Leasehold Estate and any Tenant Leasehold Improvements existing on the date of the Eviction. The insured claimant shall have the right to have the Leasehold Estate and the Tenant Leasehold Improvements valued either as a whole or separately. In either event, this determination of value shall take into account rent no longer required to be paid for the Remaining Lease Term.

3. Additional items of loss covered by this endorsement:

If the insured acquires all or any part of the estate or interest in the land described in Schedule A in accordance with the provisions of Section 2(a) of the Conditions and Stipulations of this policy and thereafter is Evicted, the following items of loss, if applicable, shall be included in computing loss or damage incurred by the insured, but not to the extent that the same are included in the valuation of the estates or interests insured by this policy.
a. The reasonable cost of removing and relocating any Personal Property that the insured has the right to remove and relocate, situated on the land at the time of Eviction, the cost of transportation of that Personal Property for the initial one hundred miles incurred in connection with the relocation, and the reasonable cost of repairing the Personal Property damaged by reason of the removal and relocation.
b. Rent or damages for use and occupancy of the land prior to the Eviction which the insured as owner of the Leasehold Estate may be obligated to pay to any person having paramount title to that of the lessor in the Lease.
c. The amount of rent that, by the terms of the Lease, the insured must continue to pay to the lessor after Eviction with respect to the portion of the Leasehold Estate and Tenant Leasehold Improvements from which the insured has been Evicted.
d. The fair market value, at the time of the Eviction, of the estate or interest of the insured in any lease or sublease made by Tenant as lessor of all or part of the Leasehold Estate or the Tenant Leasehold.
e. Damages that the insured is obligated to pay to lessees or sublessees on account of the breach of any lease or sublease made by the Tenant as lessor of all or part of the Leasehold Estate or the Tenant Leasehold Improvements caused by the Eviction
f. Reasonable costs incurred by the insured to secure a replacement leasehold equivalent to the Leasehold Estate.
g. If Tenant Leasehold Improvements are not substantially completed at the time of Eviction, the actual cost incurred by the insured, less the salvage value, for the Tenant Leasehold Improvements up to the time of Eviction. Those costs include costs incurred to obtain land use, zoning, building and occupancy permits, architectural and engineering fees, construction management fees, costs of environmental testing and reviews, and landscaping costs.


ALTA ENDORSEMENT FORM 14
(Future Advance - Priority)

Provides for continued priority of future advances.

1. The insurance for Advances added by Sections 2 and 3 of this endorsement is subject to: the exclusions in Section 4 of this endorsement and the Exclusions from Coverage in the Policy, except Exclusion 3(d); the provisions of the Conditions and Stipulations, except Section 9(b); and the Exceptions contained in Schedule B.
a. "Agreement," as used in this endorsement, shall mean the note or loan agreement secured by the insured mortgage or the insured mortgage.
b. "Advances," as used in this endorsement, shall mean only those advances of principal indebtedness made after the Date of Policy as provided in the Agreement, including expenses of foreclosure, amounts advanced pursuant to the insured mortgage to pay taxes and insurance, assure compliance with laws or to protect the lien of the insured mortgage before the time of acquisition of the estate or interest in the land and reasonable amounts expended to prevent deterioration of improvements, together with interest on those advances.

2. The Company insures against loss or damage to the insured as a result of:
a. The invalidity or unenforceability of the lien of the insured mortgage as security for each Advance.
b. The lack of priority of the lien of the insured mortgage as security for each Advance over any lien or encumbrance on the title.
c. The invalidity or unenforceability or loss of priority of the lien of the insured mortgage as security for the unpaid indebtedness and Advances resulting from: (i) re-Advances and repayments of indebtedness; (ii) lack of outstanding indebtedness before an Advance; or (iii) failure to comply with the requirements of state law to secure Advances.

3. The Company also insures against loss or damage to the insured as a result of:
a. The invalidity or unenforceability of the lien of the insured mortgage resulting from any provisions of the Agreement that provide for: (i) interest on interest; (ii) changes in the rate of interest; or (iii) the addition of unpaid interest to the principal indebtedness.
b. Loss of priority of the lien of the insured mortgage as security for the principal indebtedness, including any unpaid interest which was added to principal in accordance with any provisions of the Agreement, interest on interest, or interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by (i) changes in the rate of interest; (ii) interest on interest; or (iii) increases in the unpaid principal indebtedness resulting from the addition of unpaid interest. "Changes in the rate of interest," as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to a formula provided in the insured mortgage at Date of Policy.

4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) resulting from:
a. Advances made after a Petition for Relief under the Bankruptcy Code (11 U.S.C.) has been filed by or on behalf of the mortgagor.
b. The loss of priority of Advances to real estate taxes or assessments imposed on the land by governmental authority arising after the Date of Policy.
c. The loss of priority to a federal tax lien of any Advance made more than forty-five days after a notice of federal tax lien has been filed in the public records.
d. The loss of priority of Advances to any federal or state environmental protection lien.
e. Usury, or any consumer credit protection or truth-in-lending law.
f. [The loss of priority of an Advance to a mechanic's or materialmen's lien.]

5. The Amount of Insurance defined in Section 2(c)(ii) of the Conditions and Stipulations shall include Advances.

6. Section 8(d) of the Conditions and Stipulations shall not apply to Advances.


ALTA ENDORSEMENT FORM 14.1
(Future Advance - Knowledge)

Provides the same coverage as Form 14, but includes coverage even after insured has knowledge of an intervening lien, encumbrance or other matter affecting title.

1. The insurance for Advances added by Sections 2 and 3 of this endorsement is subject to; the exclusions in Section 4 of this endorsement and the Exclusions from Coverage in the Policy, except Exclusion 3(d); the provisions of the Conditions and Stipulations, except Section 9(b); and the Exceptions contained in Schedule B.
a. "Agreement," as used in this endorsement, shall mean the note or loan agreement secured by the insured mortgage or the insured mortgage.
b. "Advances," as used in this endorsement, shall mean only those advances of principal indebtedness made after the Date of Policy as provided in the Agreement, including expenses of foreclosure, amounts advanced pursuant to the insured mortgage to pay taxes and insurance, assure compliance with laws or to protect the lien of the insured mortgage before the time of acquisition of the estate or interest in the land and reasonable amounts expended to prevent deterioration of improvements, together with interest on those advances.

2. The Company insures against loss or damage to the insured as a result of:
a. The invalidity or unenforceability of the lien of the insured mortgage as security for each Advance.
b. The lack of priority of the lien of the insured mortgage as security for each Advance over any lien or encumbrance on the title.
c. The invalidity or unenforceability or loss of priority of the lien of the insured mortgage as security for the unpaid indebtedness and Advances resulting from: (i) re-Advances and repayments of indebtedness; (ii) lack of outstanding indebtedness before an Advance; or (iii) failure to comply with the requirements of state law to secure Advances.

3. The Company also insures against loss or damage to the insured as a result of:
a. The invalidity or unenforceability of the lien of the insured mortgage resulting from any provisions of the Agreement that provide for: (i) interest on interest; (ii) changes in the rate of interest; or (iii) the addition of unpaid interest to the principal indebtedness.
b. Loss of priority of the lien of the insured mortgage as security for the principal indebtedness, including any unpaid interest which was added to principal in accordance with any provisions of the Agreement, interest on interest, or interest as changed in accordance with the provisions of the insured mortgage, which loss of priority is caused by (i) changes in the rate of interest; (ii) interest on interest; or (iii) increases in the unpaid principal indebtedness resulting from the addition of unpaid interest. "Changes in the rate of interest," as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to a formula provided in the insured mortgage at Date of Policy.

4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) resulting from:
a. Advances made after a Petition for Relief under the Bankruptcy Code (11 U.S.C.) has been filed by or on behalf of the mortgagor.
b. The loss of priority of Advances to real estate taxes or assessments imposed on the land by governmental authority arising after the Date of Policy.
c. The loss of priority to a federal tax lien of any Advance made more than forty-five days after a notice of federal tax lien has been filed in the public records.
d. The loss of priority of any Advance made after the insured has knowledge of the existence of liens, encumbrances or other matters affecting the land intervening between the Date of Policy and the Advance, as to the intervening lien, encumbrance or other matter.
e. The loss of priority of Advances to any federal or state environmental protection lien.
f. Usury, or any consumer credit protection or truth-in-lending law.
g. [The loss of priority of an Advance to a mechanic's or materialmen's lien.]

5. The Amount of Insurance defined in Section 2(c)(ii) of the Conditions and Stipulations shall include Advances. Section 8(d) of the Conditions and Stipulations shall not apply to Advances.


ALTA ENDORSEMENT FORM 14.2
(Future Advance - Letter of Credit)

Provides similar coverage of future advances in situations where the "agreement" involves a letter of credit, surety or reimbursement agreement.

1. The insurance for Advances added by Section 2 of this endorsement is subject to: the exclusions in Section 3 of this endorsement and the Exclusions from Coverage in the Policy, except Exclusion 3(d); the provisions of the Conditions and Stipulations, except Section 9(b); and the Exceptions contained in Schedule B.
a. "Agreement," as used in this endorsement, shall mean the letter of credit, surety agreement or reimbursement agreement, relating to the repayment of Advances that are secured by the insured mortgage.
b. "Advances," as used in this endorsement, shall mean only those advances of principal indebtedness made after the Date of Policy as provided in the Agreement, including expenses of foreclosure, amounts advanced pursuant to the insured mortgage to pay taxes and insurance, assure compliance with laws or to protect the lien of the insured mortgage before the time of acquisition of the estate or interest in the land and reasonable amounts expended to prevent deterioration of improvements, together with interest on those advances.

2. The Company insures against loss or damage to the insured as a result of:
a. The invalidity or unenforceability of the lien of the insured mortgage as security for each Advance.
b. The lack of priority of the lien of the insured mortgage as security for each Advance over any lien or encumbrance on the title.
c. The invalidity or unenforceability or loss of priority of the lien of the insured mortgage as security for the unpaid indebtedness, and Advances resulting from (i) re-Advances and repayments of indebtedness; (ii) earlier periods of no indebtedness owing during the term of the mortgage; or (iii) failure to comply with the requirements of state law to secure Advances.

3. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) resulting from:
a. The loss of priority of Advances to real estate taxes or assessments imposed on the land by governmental authority arising after the Date of Policy
b. The loss of priority of Advances to any federal or state environmental protection lien.
c. Usury.
d. [The loss of priority of an Advance to a mechanic's or materialmen's lien.]

4. The Amount of Insurance defined in Section 2(c)(ii) of the Conditions and Stipulations shall include Advances.

5. Section 8(d) of the Conditions and Stipulations shall not apply to Advances.


ALTA ENDORSEMENT FORM 15
(Non-Imputation - Full Equity Transfer)

Provides coverage of the title-holding entity against loss due to knowledge imputed to title-holding entity solely by operation of law due to knowledge or action of named outgoing partners, members, shareholders, officers or directors on transfer of the entire equity ownership to new incoming partners, shareholders or members. The Company agrees that it will not assert the provisions of Exclusions from Coverage 3(a), (b), or (e) to deny liability for loss or damage otherwise insured against under the terms of the policy solely by reason of the action or inaction or knowledge, as of Date of Policy, of [IDENTIFY EXITING OR CONTRIBUTING PARTNER(S) OF THE INSURED PARTNERSHIP ENTITY, MEMBER(S) OR MANAGER(S) OF THE INSURED LIMITED LIABILITY COMPANY ENTITY, OR OFFICER(S) AND/OR DIRECTOR(S) OF THE INSURED CORPORATE ENTITY], whether or not imputed to the insured by operation of law, provided [IDENTIFY THE "INCOMING" PARTNERS, MEMBERS OR SHAREHOLDERS] acquired the insured as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim, or other matter insured against by the policy.


ALTA ENDORSEMENT FORM 15.1
(Non-Imputation - Additional Insured)

Provides coverage of incoming purchasing partner, member, or shareholder purchasing an interest in the title-holding entity from the entity, for their purchased percentage interest only against loss due to knowledge imputed to the title-holding entity solely by operation of law due to knowledge or action of named shareholders, partners, members, shareholders, officers or directors. Since the policy itself insures the title-holding entity, they must consent to this coverage being for the benefit of an individual partner, member or shareholder, rather than the title-holding entity. For purposes of the coverage provided by this endorsement, [IDENTIFY THE "INCOMING" PARTNER, MEMBER OR SHAREHOLDER] ("Additional Insured") is added as an insured under the policy. By execution below, the insured named in Schedule A acknowledges that any payment made under this endorsement shall reduce the amount of insurance as provided in Section 10 of the Conditions and Stipulations. The Company agrees that it will not assert the provisions of Exclusions from Coverage 3(a), (b), or (e) to deny liability to the Additional Insured for loss or damage otherwise insured against under the terms of the policy solely by reason of the action or inaction or knowledge, as of Date of Policy, of [IDENTIFY, AS APPLICABLE, THE EXISTING AND/OR EXITING PARTNER(S) OF THE INSURED PARTNERSHIP ENTITY, MEMBER(S) OR MANAGER(S) OF THE INSURED LIMITED LIABILITY COMPANY ENTITY, OR OFFICER(S) AND/OR DIRECTOR(S) OF THE INSURED CORPORATE ENTITY], whether or not imputed to the Additional Insured by operation of law, to the extent of the percentage interest in the insured acquired by Additional Insured as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim, or other matter insured against by the policy. ALTA ENDORSEMENT FORM 15.2
(Non-Imputation - Partial Equity Transfer)

Provides coverage of incoming purchasing partner, member, or shareholder, purchasing an interest in the title-holding entity from an outgoing partners, members or shareholder, against loss due to knowledge imputed to such entity solely by operation of law due to knowledge or action of named outgoing partners, members, shareholders, officers or directors. The Company agrees that it will not assert the provisions of Exclusions from Coverage 3(a), (b), or (e) to deny liability for loss or damage otherwise insured against under the terms of the policy solely by reason of the action or inaction or knowledge, as of Date of Policy, of [IDENTIFY, AS APPLICABLE, THE EXISTING AND/OR EXITING PARTNER(S) OF THE VESTEE PARTNERSHIP ENTITY, MEMBER(S) OR MANAGER(S) OF THE INSURED LIMITED LIABILITY COMPANY ENTITY, OR OFFICER(S) AND/OR DIRECTOR(S) OF THE INSURED CORPORATE ENTITY], whether or not imputed to the entity identified in paragraph 3 of Schedule A or to the insured by operation of law, but only to the extent that the insured acquired the insured's interest in entity as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim, or other matter insured against by the policy.

ALTA ENDORSEMENT FORM 16
(Mezzanine Financing)

Provides for direct claim of mezzanine lender on owner's policy in property not serving as security interest, but owned by borrower under mezzanine financing arrangement.

1. The Mezzanine Lender is: [INSERT NAME OF MEZZANINE LENDER] and each successor in ownership of its loan ("Mezzanine Loan") reserving, however, all rights and defenses as to any successor that the Company would have had against the Mezzanine Lender, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land.

2. The insured:
(a) assigns to the Mezzanine Lender the right to receive amounts otherwise payable to the insured under this policy, not to exceed the outstanding indebtedness under the Mezzanine Loan; and
(b) agrees that no amendment of or endorsement to this policy can be made without the written consent of the Mezzanine Lender except as provided in Section 12(a) of the Conditions and Stipulations.

3. The Company does not waive any defenses that it may have against the insured, except as expressly stated in this endorsement.

4. In the event of a loss under the policy, the Company agrees that it will not assert the provisions of Exclusions from Coverage 3(a), (b) or (e) to refuse payment to the Mezzanine Lender solely by reason of the action or inaction or knowledge, as of Date of Policy, of the insured, provided:
(a) the Mezzanine Lender had no knowledge of the defect, lien, encumbrance or other matter creating or causing loss on Date of Policy.
(b) this limitation on the application of Exclusions from Coverage 3(a), (b) and (e) shall:
(1) apply whether or not the Mezzanine Lender has acquired an interest (direct or indirect) in the insured either on or after Date of Policy, and
(2) benefit the Mezzanine Lender only without benefiting any other individual or entity that holds an interest (direct or indirect) in the insured or the land.

5. In the event of a loss under the Policy, the Company also agrees that it will not deny liability to the Mezzanine Lender on the ground that any or all of the ownership interests (direct or indirect) in the insured have been transferred to or acquired by the Mezzanine Lender, either on or after the Date of Policy.

6. The Mezzanine Lender acknowledges:
(a) that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy; and
(b) that the Company shall have the right to insure mortgages or other conveyances of an interest in the land, without the consent of the Mezzanine Lender.

7. If the insured, the Mezzanine Lender or others have conflicting claims to all or part of the loss payable under the Policy, the Company may interplead the amount of the loss into Court. The insured and the Mezzanine Lender shall be jointly and severally liable for the Company's reasonable cost for the interpleader and subsequent proceedings, including attorneys' fees. The Company shall be entitled to payment of the sums for which the insured and Mezzanine Lender are liable under the preceding sentence from the funds deposited into Court, and it may apply to the Court for their payment. Whenever the Company has settled a claim and paid the Mezzanine Lender pursuant to this endorsement, the Company shall be subrogated and entitled to all rights and remedies that the Mezzanine Lender may have against any person or property arising from the Mezzanine Loan. However, the Company agrees with the Mezzanine Lender that it shall only exercise these rights, or any right of the Company to indemnification, against the insured, the Mezzanine Loan borrower, or any guarantors of the Mezzanine Loan after the Mezzanine Lender has recovered its principal, interest, and costs of collection.


ALTA ENDORSEMENT FORM 17
(Access and Entry)

Provides coverage against loss due to lack of access to named open, public street, including curb cuts. The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the land does not abut and have both actual vehicular and pedestrian access to and from [insert name of street, road or highway] (the "Street"), (ii) the Street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the land.


ALTA ENDORSEMENT FORM 17.1
(Indirect Access and Entry)

Provides coverage against loss due to lack of access over a private easement or right-of-way to named open, public street, including curb cuts. The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) the easement identified [as Parcel _____________________ -- INSERT EASEMENT PARCEL LABEL] in Schedule [A][C] (the "Easement") does not provide that portion of the land identified [as Parcel _____________-- INSERT FEE PARCEL LABEL] in Schedule [A][C] both actual vehicular and pedestrian access to and from [insert name of street, road or highway] (the "Street"), (ii) the Street is not physically open and publicly maintained, or (iii) the insured has no right to use existing curb cuts or entries along that portion of the Street abutting the land.


ALTA ENDORSEMENT FORM 18
(Single Tax Parcel)


Provides coverage that land is single separate tax parcel, not included within a larger parcel. The Company insures against loss or damage sustained by the insured by reason of the land being taxed as part of a larger parcel of land or failing to constitute a separate tax parcel for real estate tax purposes.


ALTA ENDORSEMENT FORM 18.1
(Multiple Tax Parcel)

Identifies the actual tax parcel identification numbers of multiple parcels, as well as providing assurance regarding easements.

The Company insures against loss or damage sustained by the insured by reason of:

1. those portions of the land identified below not being assessed for real estate tax purposes under the listed tax identification numbers or those tax identification numbers including any additional land: Parcel: Tax Identification Numbers: [insert parcel name/number as depicted in policy] [insert Tax Identification Numbers of parcel]

2. the easements, if any, described in Schedule A being cut off or disturbed by the non-payment of real estate taxes or assessments imposed on the servient estate by a governmental authority.


ALTA ENDORSEMENT FORM 19
(Contiguity - Multiple Parcels)

Provides assurances regarding contiguous boundary lines of multiple parcels being insured. The Company insures against loss or damage sustained by the insured by reason of :

(1) the failure of [the ________ boundary line of _____________] of the land to be contiguous to [the ________ boundary line of _____________] [for more than two parcels, continue as follows: "; of the _________ boundary line of _________ of the land to be contiguous to the _______ boundary line of ________" and so on until all contiguous parcels described in the policy have been acounted for]; or

(2) the presence of any gaps, strips or gores separating any of the contiguous boundary lines described above.


ALTA ENDORSEMENT FORM 19.1
(Contiguity - Single Parcel)

Provides assurances regarding contiguity of insured parcel to other parcels, not insured under the policy. The Company insures against loss or damage sustained by the insured by reason of:

(1) the failure of the land to be contiguous along its [insert description of boundary line that is contiguous such as northern, southern, eastern or western] boundary line to [describe the land that is contiguous to the "land" as defined in the policy by its legal description or by reference to a recorded instrument - e.g. ". . .that certain parcel of real property legally described in the deed recorded as Instrument No. ________, records of _____ County, State of North Carolina]; or

(2) the presence of any gaps, strips or gores separating the contiguous boundary line described above.

Serving Jefferson, Shelby, St. Clair, and Blount Counties since 1946.
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