Page 97 - ALTA Endorsements Guide
P. 97

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 30-06

                                            SHARED APPRECIATION MORTGAGE

                                                      Adopted (7-26-10)


               The insurance afforded by this endorsement is only effective if the Land is a one to four family residence.



               For the purposes of this endorsement, “Shared Appreciation” shall mean increases in the Indebtedness
               secured by the Insured Mortgage by reason of shared equity or appreciation in the value of the Land.



               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 as security for the
                              Indebtedness caused by the provisions for Shared Appreciation; or

                         (b)  Loss of priority of the lien of the Insured Mortgage as security for the Indebtedness
                              caused by the provisions for Shared Appreciation.


               Nothing contained in this endorsement shall be construed as insuring against loss or damage sustained or
               incurred by reason of:

                         (a) usury;


                         (b) any consumer credit protection or truth-in-lending law;


                         (c) costs, expenses or attorneys’ fees required to obtain a determination, by judicial
                             proceedings or otherwise, of the amount of the Shared Appreciation;


                         (d) failure to comply with applicable laws and regulations regarding Shared Appreciation;


                         (e) the stay, rejection or avoidance of the lien of the Insured Mortgage as security for the
                             Shared Appreciation, or a court order providing some other remedy, by the operation of
                             federal bankruptcy, state insolvency, or similar creditors’ rights laws; or


                         (f)  the invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as
                             security for the Indebtedness because all applicable mortgage recording or similar
                             intangible taxes were not paid.


               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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