STEWART TITLE GUARANTY COMPANY
Policy No. ______________
a. the mortgage or deed of trust to the Insured recorded on ____________________, as Document No. __________, records of ____________________ County, _________ (the "Mortgage") creates a lien on the land; and
b. the mortgage states on its face that it secures repayment of a revolving credit;
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 recorded in the public records or actually known to the insured prior to the date of an advance.
4. the effect of any bankruptcy.
5. mechanic's and materialmen's liens.
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 creates a lien on the land, nor the validity, enforceability, or priority of any such lien, except to the extent expressly stated; nor
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 insures 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.
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.
Copyright 1970-2022 Stewart Title Guaranty Company. All rights reserved. The use of this form (or any derivative thereof) is restricted to Stewart Title Guaranty Company, it’s issuing agents, and affiliates in good standing as of the date of use. All other uses are prohibited.
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