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.
ADDITIONAL INTEREST SWAP ENDORSEMENT
Attached to and Forming a Part of
_____________ No. ___________
Issued by
STEWART TITLE GUARANTY COMPANY
This Policy insures 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 the Note secured by the insured mortgage described in Schedule A and referred to in said insured mortgage:
| (a) Is invalid or unenforceable, or |
| (b) Does not, at the Date of 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 mortgage. |
THIS ENDORSEMENT MAY NOT BE ISSUED WITHOUT APPROVAL FROM STEWART TITLE GUARANTY UNDERWRITING PERSONNEL
Nothing in this Endorsement shall be construed as insuring against loss or damage sustained or incurred by reason of the laws relating to usury, bankruptcy, unconscionability or unreasonableness. In the event of loss compensable under the endorsement, the coverage afforded by this Endorsement is in addition to and not included in the amount stated in Schedule A of this Policy. The liability of the Company under this Endorsement shall not exceed the amount of $[enter the amount of insurance required by the insured for this coverage, extra premium must be collected for this amount].
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 determined by a court of competent jurisdiction 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.
Nothing in this Endorsement shall be construed as insuring against loss or damage sustained or incurred by reason of the mortgage or intangible taxes based on the amount of principal indebtedness secured by the mortgage, which were paid when the mortgage was recorded, being insufficient.
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.