This form should not be used if a comparable ALTA version is available. If a comparable ALTA version is available, the most current version of the ALTA form available in each state should be used, unless approved by a Stewart underwriter.
CONTINGENT OR SHARED APPRECIATION
INTEREST ENDORSEMENT
Attached to and Forming a Part of
_____________ No. ___________
Issued by
STEWART TITLE GUARANTY COMPANY
The Company hereby also insures the insured against loss or damage that may be sustained or incurred by the Insured by reason of a final decree entered by a court of competent jurisdiction finding that the lien of the insured Mortgage as security for __________________ Interest, as defined in Section __________ of the ___________________________ Note (all of said interest being "Additional Interest") secured by the Mortgage:
(1) is invalid or unenforceable, or
(2) does not share the same priority in relation to any other claims or liens against the land as is afforded the principal by the mortgage.
Optional: In the event of a loss compensable under this Endorsement, the coverage afforded hereunder is in addition to and not included in the Amount of Insurance stated in Schedule A of the Policy. Such additional insurance shall not exceed the sum of $________________.
THIS ENDORSEMENT MAY NOT BE ISSUED WITHOUT APPROVAL FROM STEWART TITLE GUARANTY UNDERWRITING PERSONNEL
Nothing contained in this Endorsement shall be construed as insuring against loss or damage sustained or incurred by reason of:
(a) any usury, consumer credit protection or truth in lending law;
(b) costs, expenses or attorney's fees required to obtain a determination, by judicial proceedings or otherwise, of the amount, if any, of any Additional Interest due. Nothing in this Endorsement shall be construed as insuring a determination by a court of competent jurisdiction of the amount, if any, 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; or
(c) governmental charges and assessment liens arising or filed for record subsequent to the Date of Policy.
This Endorsement is made a part of the Policy or Commitment 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 or Commitment and prior endorsements, if any, nor does it extend the Effective Date of the Policy or Commitment and prior endorsements 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.
For issuing guidelines on this form, see Guidelines.