CLTA 110.5 Modification of Mortgage (08-04-22)

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

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

1. The failure of that certain agreement executed by _____________________ and recorded ____________________ in the Public Records (the “Modification”) to modify the Insured Mortgage or the obligation secured thereby;

2. The priority of any lien or encumbrance over the lien of the Insured Mortgage as modified by the Modification, as of the Date of Endorsement, except for those matters excepted in Schedule B as prior to the Insured Mortgage, and the following matters:

<list any new exceptions or any Schedule B Part II exceptions that are not being further subordinated to the Modification or that otherwise have priority over the Modification> 

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 laws that is based on the Modification being a:

1. fraudulent conveyance or fraudulent transfer;

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

3. 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:

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

b. 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.

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: