TIRBOP – PA ENDORSEMENT 1330 (ALTA 29.1-06 INTEREST RATE SWAP-ADDITIONAL INTEREST)
ATTACHED TO POLICY NUMBER ______________________
STEWART TITLE GUARANTY COMPANY
File No.: ______________________
1. The insurance provided by this endorsement is subject to the exclusions in Section 3 of this endorsement, the Exclusions from Coverage in the Policy, the Exceptions from Coverage contained in Schedule B, and the Conditions. As used in this endorsement:
a. “Date of Endorsement” is ______________________.
b. “Swap Obligation” means a monetary obligation under the interest rate exchange agreement dated ______________________, between ______________________ and the Insured existing at Date of Endorsement and secured by the Insured Mortgage.
c. “Additional Interest” means the additional interest calculated pursuant to the formula provided in the loan documents secured by the Insured Mortgage at Date of Endorsement for repayment of the Swap Obligation.
2. The Company insures against loss or damage sustained by the Insured by reason of the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as security for the payment of the Additional Interest at Date of Endorsement.
3. This endorsement does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses that arise by reason of:
a. rights or obligations set, created or confirmed after the Date of Endorsement under a master interest rate exchange agreement existing on or after Date of Endorsement;
b. the stay, rejection or avoidance of the lien of the Insured Mortgage as security for the payment of the Additional Interest, or a court order providing some other remedy, by the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws;
c. the calculation of the amount, if any, determined by a court of competent jurisdiction as the amount of the Additional Interest; or
d. the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as security for repayment of the Swap Obligation because all applicable mortgage recording or similar intangible taxes were not paid.
e. [if Date of Endorsement is after Date of Policy, add any necessary additional exceptions here].
IN WITNESS WHEREOF, the Company has caused this endorsement to be issued and become valid when signed by an authorized officer or licensed agent of the Company.
No guidelines are available for this form at this time.