Chicago Title Endorsement Handbook - Chicago, IL
Non-ALTA 2006 • 338 ENDORSEMENT ATTACHED TO AND FORMING A PART OF POLICY NO. ______ ISSUED BY CHICAGO TITLE INSURANCE COMPANY Notwithstanding any covered risks of this policy, the sole mechanics lien coverage provided by this commitment or policy is furnished pursuant to this endorsement. Paragraph 11(a) of the covered risks of this policy and any general mechanics lien exception (“any lien or right to a lien for services, labor or material...”) in Schedule B of the commitment are hereby deleted and replaced with the following provisions: Subject to the exclusions from coverage, exceptions shown on Schedule B, and the conditions of this policy, the company hereby insures against loss or damage by reason of the lack of priority of the lien of the insured mortgage over any lien claim by a lien claimant arising under the Illinois mechanics lien act for services, labor, or material furnished in connection with an improvement on the land, provided: 1. The lien claimant is: a. A contractor named on the sworn owner’s (or tenant’s) statement dated: ___________________; b. A party named on the sworn contractor’s statement dated: ___________________ or on a sworn contractor’s statement from a party named on the aforesaid owner’s statement; c. A party disclosed on an affidavit signed by a party named on the aforesaid sworn contractor’s statement; or d. An undisclosed party claiming by, through, or under a contractor noted above at a, or a party noted above at b or c; 2. The lien claim relates to that portion of the amount for the liened services, labor or material which is shown as either previously paid or as the amount of the current payment payable to or for the benefit of the disclosed lien claimant on a statement described at 1a, b or c above or to a party disclosed on a statement described at 1a, b or c above on account of services, labor or material furnished by the undisclosed lien claimant; and 3. The lien claim relates to labor, material, or services furnished prior to the date shown at 1b above, or, in the absence of a sworn contractor’s statement, the date shown at 1a above. 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. CHICAGO TITLE INSURANCE COMPANY By: ______________________________________ Authorized Signatory Interim Mechanics Lien Endorsement (IMLE)
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