Chicago Title Endorsement Handbook - Chicago, IL

Non-ALTA 2006 • 308 ENDORSEMENT ATTACHED TO AND FORMING A PART OF POLICY NO. ______ ISSUED BY CHICAGO TITLE INSURANCE COMPANY 1. The insurance for advances added by Sections 2 and 3 of this endorsement is subject to the exclusions in Section 4 of this endorsement and the exclusions from coverage in the policy, except exclusion 3(d), The provisions of the conditions and the exceptions contained in Schedule B. a. “Agreement,” as used in this endorsement, shall mean the note or loan agreement identified in the insured mortgage, the repayment of advances under which is secured by the insured mortgage. b. “Advance,” as used in this endorsement, shall mean only an advance of principal pursuant to provisions in the agreement establishing a revolving line of credit made after the date of policy as provided in the agreement, together with interest on those advances. c. “Changes in the rate of interest,” as used in this endorsement, shall mean only those changes in the rate of interest calculated pursuant to a formula provided in the insured mortgage or the agreement at date of policy. 2. 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 each advance. b. The lack of priority of the lien of the insured mortgage as security for each advance over any lien or encumbrance of the title. c. The invalidity or unenforceability or lack of priority of the lien of the insured mortgage as security for the indebtedness, advances and unpaid interest resulting from (i) re-advances and repayments of indebtedness, (ii) earlier periods of no indebtedness owing during the term of the insured mortgage, or (iii) the insured mortgage not complying with the requirements of state law of the state in which the land is located to secure advances. 3. The company also 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 from any provisions of the agreement that provide for (i) interest on interest, (ii) changes I the rate of the interest, or (iii) the addition of unpaid interest to the indebtedness. b. Lack of priority of the lien of the insured mortgage as security for the indebtedness, including any unpaid interest that was added to principal in accordance with any provisions of the agreement, interest on interest, or interest as changed in accordance with the provisions of the insured mortgage, which lack of priority is caused by (i) changes in the rate of interest, (ii) interest on interest, (iii) increase in the indebtedness resulting from the addition of unpaid interest.