ALTA Endorsement 45-06 (Pari Passu Mortgage - Loan Policy)

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ALTA Endorsement 45-06 (Pari Passu Mortgage - Loan Policy)

Form Document
V 2


Attached to Policy No. __________

Issued by


1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement, the Exclusions from Coverage in the policy, the Exceptions from Coverage contained in Schedule B, and the Conditions.

2. For the purpose of this endorsement only:

(a) “Intercreditor Agreement” means each agreement described in Exceptions ____ of Schedule B of the policy among the Pari Passu Lenders;

(b) “Pari Passu Lender” means each respective lender secured by a Pari Passu Mortgage that has a policy issued by the Company insuring its Insured Mortgage or Pari Passu Mortgage; and

(c) “Pari Passu Mortgage” means the Insured Mortgage and each mortgage described in Exceptions ____ of Schedule B of the policy.

3. The Company insures against loss or damage sustained by the Insured by reason of:

(a) the invalidity or unenforceability of the lien of the Insured Mortgage resulting solely from the provisions of a Pari Passu Mortgage or Intercreditor Agreement establishing lien priority; or

(b) the lack of equal lien priority of the Insured Mortgage to the other Pari Passu Mortgages.

4. The Company does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from:

(a) the failure of the Insured or any Pari Passu Lender to comply with the terms of the Pari Passu Mortgage or Intercreditor Agreement;

(b) the failure of the Insured and each other Pari Passu Lender to simultaneously foreclose the Insured Mortgage with each other Pari Passu Mortgage; or

(c) any provision in the Intercreditor Agreement that creates a preference among the Pari Passu Lenders for the sharing of the Indebtedness.

5. If the Insured, any other Pari Passu Lender, or others have conflicting claims to all or part of the loss payable under the policy, the Company may interplead the amount of the loss into court. The Insured and any other Pari Passu Lender shall be jointly and severally liable for the Company’s reasonable cost for the interpleader and subsequent proceedings, including attorneys’ fees. The Company shall be entitled to payment of the sums for which the Insured and any other Pari Passu Lender are liable under the preceding sentence from the funds deposited into court, and it may apply to the court for their payment.

[Witness clause optional]


For issuing guidelines on this form, see Guidelines.