OTIRO Endorsement No. 245-06 (Pari Passu Mortgage - Loan Policy Endorsement) (12-01-14)
ATTACHED TO POLICY NO. [FILL IN]
STEWART TITLE GUARANTY COMPANY
[Date : [FILL IN] ]
[Premium : [FILL IN] ]
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 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.
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.
[Witness clause optional]
[STEWART TITLE GUARANTY COMPANY]
For issuing guidelines on this form, see Guidelines