Page 52 - Guide to the Most Requested Commercial Title Insurance Endorsements eBook
P. 52

ALTA                           Table of Contents                 Quick Reference Index

                      ENDORSEMENT                    1      2       3         1      2       3      4       5      6


                                                                                           Aggregation – Loan Policy
                                                                                               ALTA 12 Endorsement
                                                           ENDORSEMENT

                                         This endorsement is issued as part of Policy Number
                                                              Issued by:
                                       OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

        1.  The following policies are issued in conjunction with one another:

                       POLICY NUMBER:                      STATE:                AMOUNT OF INSURANCE:





        2.  The amount of insurance available to cover the Company’s liability for loss or damage under this policy at the time of
            payment of loss shall be the Aggregate Amount of Insurance defined in Section 3 of this endorsement.
        3. Subject to the limits in Section 4 of this endorsement, the Aggregate Amount of Insurance under this policy is $ (enter
            text here).

          4. Condition 7.a. is restated in its entirety to read:
            7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
            In case of a claim under this policy, the Company has the following additional options:
               a. To Pay or Tender Payment of up to the Aggregate Amount of Insurance or to Purchase the Indebtedness
                      i.  To pay or tender payment of the lesser of the value of the Title as insured at the date the claim was
                          made by the Insured Claimant, or the Aggregate Amount of Insurance applicable under this policy. In
                          addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Insured
                          Claimant that were authorized by the Company up to the time of payment or tender of payment and
                          that the Company is obligated to pay; or
                      ii.  To purchase the Indebtedness for the amount of the Indebtedness on the date of purchase. In
                          addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Insured
                          Claimant that were authorized by the Company up to the time of purchase and that the Company is
                          obligated to pay.
                          If the Company purchases the Indebtedness, the Insured must transfer, assign, and convey to the
                          Company the Indebtedness and the Insured Mortgage, together with any collateral security.
                   Upon the exercise by the Company of either option provided for in Condition 7.a., the Company’s liability and
                   obligations to the Insured under this policy terminate, including any obligation to defend, prosecute, or
                   continue any litigation.

        5. Condition 8 is restated in its entirety to read:
            8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY
            This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured
            Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an
            abstract of the Title, report of the condition of the Title, legal opinion, opinion of the Title, or other representation of the
            status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and
            provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation
            arising from or in connection with this policy or the determination of the insurability of the Title.
               a. The extent of liability of the Company for loss or damage under this policy does not exceed the least of:
                      i.  the Aggregate Amount of Insurance;
                      ii.  the Indebtedness;
                      iii. the difference between the fair market value of the Title, as insured, and the fair market value of the
                          Title subject to the matter insured against by this policy; or
                      iv. if a Government Mortgage Agency or Instrumentality is the Insured Claimant, the amount it paid in the
                          acquisition of the Title or the Insured Mortgage or in satisfaction of its insurance contract or guaranty
                          relating to the Title or the Insured Mortgage


                                                                        5 NCS Commercial Endorsement Guide | oldrepublictitle.com/ncs   52
   47   48   49   50   51   52   53   54   55   56   57