CO GE-1 Gap Endorsement 1
OF POLICY OF TITLE INSURANCE
STEWART TITLE GUARANTY COMPANY
HEREIN CALLED THE COMPANY
Said Commitment is hereby amended by deleting Paragraph 5 of Schedule B, Section 2.
The Company hereby insures ________________________ (the "Proposed Insured") against loss or damage by reason of the existence of any recorded deeds, mortgages, lis pendens, liens or other title encumbrances which appear in the public records subsequent to the effective date of the Commitment, but prior to the effective date of the Policy and which are not disclosed by Title Company to the Proposed Insured prior to closing. "Public records" as used herein means those records in which under State statutes deeds, mortgages, judgment liens or lis pendens must be recorded in order to impart constructive notice to purchasers of the land for value without knowledge.
This endorsement does not insure against such loss or damage if the existence of such deeds, mortgages, lis pendens, liens or other title encumbrances is actually known to the proposed insured prior to or at the time of the closing. The closing is defined herein as being the time of the execution and delivery to the proposed insured of the documents creating the interest of the proposed insured.
Protection under this endorsement is conditioned by the following requirements:
A. Instruments creating the estate or interest (the "Instruments") to be insured must be proper in form and execution.
B. Affidavit of Debts and Liens ("Affidavit"), attached hereto must be fully executed by the party or entity described in paragraph 4 of Schedule A of the Commitment.
C. All requirements of the Commitment (the "Requirements") must be met.
D. The Instruments, Affidavit, and evidence of compliance with Requirements must be delivered to Title Company issuing the Commitment (the "Title Company") within 24 hours after closing.
E. The Proposed Insured must request a verbal update of the Commitment from Title Company within 24 hours before closing.
This endorsement is made a part of the Commitment and is subject to all the terms and provisions thereof and any prior endorsements thereto. The coverage of this endorsement is provided only to the named party above and is not assignable. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the Commitment and prior endorsements, if any, nor does it extend the effective date of the Commitment and prior endorsements or increase the face amount thereof.
Signed under seal for the Company, this endorsement is valid only when it bears an authorized countersignature.
For issuing guidelines on this form, see Guidelines