Page 44 - ALTA Endorsements Guide

A L T A E N D O R S E M E N T

1-06 to 9.6.1-06 9.7-06 to 17.1-06 17.2-06 to 28.3-06 29-06 to 36.6-06 36.7-06 to 46-06

ALTA ENDORSEMENT 11.1-06

MORTGAGE MODIFICATION WITH SUBORDINATION

Adopted (10-22-09)

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

1. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title at Date of
Endorsement as a result of the agreement dated ________________________, recorded
________________________ ("Modification"); and

2. The lack of priority of the lien of the Insured Mortgage, at Date of Endorsement, over defects in or
liens or encumbrances on the Title, except for those shown in the policy or any prior endorsement
and except: [Specify exceptions, if any]

3. The following matters not being subordinate to the lien of the Insured Mortgage: [Specify
subordinate matters, if any]

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:

1. the Modification being deemed a fraudulent conveyance or fraudulent transfer; or

2. the Modification being deemed a preferential transfer except where the preferential transfer results
from the failure

a. to timely record the instrument of transfer; or

b. of such recordation to impart notice 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.

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