NM Revolving Credit; Variable Rate Endorsement 38

New Mexico Superintendent of Insurance withdrew this endorsement by administrative order

REVOLVING CREDIT; VARIABLE RATE ENDORSEMENT

(FOR USE ONLY WITH LIMITED TITLE SEARCH POLICY)

STEWART TITLE GUARANTY COMPANY

Policy Number:

Provided that:

a. that mortgage or deed of trust to the Insured recorded on __________, as Document No. ___________ records of __________ County, New Mexico (the "Mortgage") creates a lien on the land;

b. the mortgage states on its face that it secures repayment of a revolving credit; and

the Company hereby insures against loss or damage which the Insured shall sustain by reason of any incorrectness in the following assurances:

a. that future advances shall have the same priority over liens, encumbrances, conveyances, and other matters disclosed by the public records as do advances secured by the mortgage at the date of its recording, except for the following matters:

1. real estate taxes or assessments,

2. federal tax liens,

3. liens, encumbrances, conveyances, or other matters, the existence of which are actually known to the insured prior to the date of an advance;

b. the provisions of the mortgage which provide for changes in the rate of interest will not render the lien of the mortgage invalid or unenforceable;

c. changes in the rate of interest calculated in accordance with the formula provided in the mortgage at date of recording will not cause a loss of priority of the lien of the mortgage.

This endorsement does not insure:

a. that the mortgagor or trustor shown in the Mortgage owns the land, nor that the Mortgage at date of recording will not cause a loss of priority of the lien of the mortgage.

This endorsement does not insure:

a. that the mortgagor or trustor shown in the Mortgage owns the land, nor that the Mortgage creates a lien on the land, nor the validity, enforceability, or priority of any such lien, except to the extend expressly stated;

b. against loss or damage based upon (i) usury, (ii) any consumer credit protection or truth-in-lending law, or (iii) bankruptcy or insolvency proceedings of the mortgagor or trustor shown in the Mortgage;

c. against loss based upon a violation of any law regulating or restricting variable interest.

The Company further assures the insured that advances secured by the Mortgage shall be included within the coverage of the policy, not to exceed the amount of the insurance thereof.

This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy or increase the face amount thereof.

Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature.

No guidelines are available for this form at this time.