CLTA 104.10 (ARCHIVED) Assignment of Mortgage (09-10-10)

ENDORSEMENT
Attached to Policy No. ___________
Issued by
STEWART TITLE GUARANTY COMPANY

The Company hereby insures , "insured assignee," against loss or damage which the insured assignee shall sustain by reason of any of the following:

(a) The failure of the beneficial interest under the mortgage referred to in paragraph of Schedule to have been transferred to the insured assignee by a valid assignment or assignments;

(b) The existence of any reconveyance, either full or partial, of the insured mortgage, or any modification or subordination thereof, appearing in the public records.

Impairment, failure or loss of title to the beneficial interest transferred to the insured assignee is expressly excluded from the coverage hereof if resulting from:

(a) lack of possession of the original promissory note secured by the insured mortgage, or

(b) the absence from the original promissory note of a proper endorsement to the insured assignee.

This endorsement does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses, by reason of any claim that arises out of the transaction creating the assignment by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws that is based on:

1. the assignment being deemed a fraudulent conveyance or fraudulent transfer; or

2. the assignment being deemed a preferential transfer.

This endorsement shall be effective provided that, at Date of Endorsement, (1) the note or notes secured by the lien of the Insured Mortgage have been properly endorsed and delivered to the Assignee, or (2) if the note or notes are transferable records, the Assignee has "control" of the single authoritative copy of each "transferable record" as these terms are defined by applicable electronic transactions laws.

STEWART TITLE GUARANTY COMPANY

By:

Dated: