CLTA 110.10 Modification and Additional Advance (08-04-22)

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CLTA 110.10 Modification and Additional Advance (08-04-22)

Form Document
12/16/2022
V 2

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

Upon the representation and assurance by the Insured, that the Insured has made an additional advance to ______________________________________________ in the sum of $____________________, evidenced by a promissory note or amended note delivered pursuant to that certain ___________________________ (the "Modification Agreement") executed by said parties, recorded ____________________ in the Public Records, which is secured by the Insured Mortgage, the Company hereby insures the Insured that by such Modification Agreement, the Insured Mortgage has been modified and further insures against loss sustained by the Insured by reason of:

(1) Title being vested at the Date of Endorsement other than as shown in Schedule A, except as affected by the following matters:

  <if none, show “None”>

(2) Priority over the Insured Mortgage as modified by the Modification Agreement of any lien or encumbrance existing at the Date of Endorsement that is not shown or referred to in a Schedule B exception as prior to the Insured Mortgage or excluded from coverage by the Conditions or Exclusions from Coverage, except as affected by the following matters:

  <if none, show “None”>

(3) Any full or partial reconveyance, modification (except for the Modification Agreement), or subordination of the Insured Mortgage, shown by the Public Records at the Date of Endorsement, except for the following matters:

<if none, show “None”>

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 Modification by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law that is based on the Modification being a:

a. fraudulent conveyance or fraudulent transfer; 

b. voidable transfer under the Uniform Voidable Transactions Act; or

c. preferential transfer to the extent the Modification is not a transfer made as a contemporaneous exchange for new value or for any other reason unless the preferential transfer results solely from the failure:

i. to timely record the Modification in the Public Records after execution and delivery of the Modification to the Insured; or

ii. of the recording of the Modification in the Public Records to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.

The Amount of Insurance is increased to $_______________.

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.

STEWART TITLE GUARANTY COMPANY

By:

Dated:

No guidelines are available for this form at this time.