Page 93 - 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 29-06

INTEREST RATE SWAP ENDORSEMENT – DIRECT OBLIGATION

Adopted (2-3-10)

1. The insurance provided by this endorsement is subject to the exclusions in Section 3 of this
endorsement, the Exclusions from Coverage in the policy, the Exceptions from Coverage contained in
Schedule B, and the Conditions. As used in this endorsement:
a. “Date of Endorsement” is ____________________________.
b. “Swap Obligation” means a monetary obligation under the interest rate exchange agreement dated
, between and the Insured existing
at Date of Endorsement and secured by the Insured Mortgage. The Swap Obligation is included
as a part of the Indebtedness.
2. The Company insures against loss or damage sustained by the Insured by reason of the invalidity,
unenforceability or lack of priority of the lien of the Insured Mortgage as security for the payment of the
Swap Obligation at Date of Endorsement.

3. This endorsement does not insure against loss or damage, and the Company will not pay costs,
attorneys’ fees, or expenses that arise by reason of:
a. rights or obligations set, created or confirmed after the Date of Endorsement under a master
interest rate exchange agreement existing on or after Date of Endorsement;
b. the stay, rejection or avoidance of the lien of the Insured Mortgage as security for the Swap
Obligation, or a court order providing some other remedy, by the operation of federal bankruptcy,
state insolvency, or similar creditors’ rights laws;
c. the calculation of the amount, if any, determined by a court of competent jurisdiction as the amount
of the Swap Obligation [; or]

d. [the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as security for
repayment of the Swap Obligation because all applicable mortgage recording or similar intangible
taxes were not paid; or]

e. [if Date of Endorsement is after Date of Policy, add any necessary additional exceptions here].
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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