INTEREST RATE EXCHANGE AGREEMENT ENDORSEMENT
Attached to and Forming a Part of
_____________ No. ___________
STEWART TITLE GUARANTY COMPANY
The Company hereby also insures the Insured against loss or damage that may be sustained by the Insured by reason of a final decree entered by a court of competent jurisdiction finding that the insured Mortgage, as it secures the "Additional Interest" as defined in paragraph ___ of the _______________ secured by the insured Mortgage and referred to in said insured Mortgage:
|(1) is invalid or unenforceable, or
|(2) does not, at the Effective Date of the Policy, share the same priority in relation to any other claims or liens against the land as is afforded the principal of the loan secured by the insured Mortgage at the Effective Date of the Policy.|
|(1) any usury, consumer credit protection or truth in lending law;
|(2) costs, expenses or attorney's fees required to obtain a determination, by judicial proceedings or otherwise, of the amount of Additional Interest. Nothing in this Endorsement shall be construed as insuring a determination by a court of competent jurisdiction of the amount of the Additional Interest, but it does insure that the amount of Additional Interest which is determined by a court of competent jurisdiction to be outstanding and owed is secured by the insured Mortgage with the same priority in relation to any other claims or liens against the land as is afforded the principal of the loan secured by the Mortgage;
|(3) invalidity or unenforceability of the lien of the insured mortgage with respect to Additional Interest due after the filing of a petition for relief under the Bankruptcy Code (11 U.S.C.) by, on behalf of, or with respect to the then owner of an interest in the land described in this Policy; or
|(4) environmental protection liens arising or filed for record subsequent to the Date of Policy.|
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.
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For issuing guidelines on this form, see Guidelines.