T-35 Future Advance/Revolving Credit Endorsement

REVOLVING CREDIT ENDORSEMENT (T-35)

ISSUED BY
____________________ TITLE INSURANCE COMPANY
File No. __________

Attached to and made a part of ____________________ Title Insurance Company Loan Policy Number __________ dated the _____ day of ___________, 20_____.

1.    The insurance for Advances added by Section 2 of this endorsement is subject to the exclusions in Section 3 ofthis endorsement and the Exclusions from Coverage in the Policy, except Exclusion 3(d), the provisions of theConditions, and the exceptions contained in Schedule B.

a.    “Agreement,” as used in this endorsement, shall mean the note or loan agreement secured by the InsuredMortgage or the Insured Mortgage.

b.    “Advances,” as used in this endorsement, shall mean only those advances of principal indebtedness madeafter the Date of Policy as provided in the Agreement, including expenses of foreclosure, amountsadvanced pursuant to the Insured Mortgage to pay taxes and insurance, assure compliance with laws, or toprotect the lien of the Insured Mortgage before the time of acquisition of the Title, and reasonable amountsexpended to prevent deterioration of improvements, together with interest on those advances.

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 orencumbrance on the Title.

c.    The invalidity or unenforceability or loss of priority of the lien of the Insured Mortgage as security for theIndebtedness and Advances resulting from (i) re-Advances and repayments of Indebtedness, (ii) lack ofoutstanding Indebtedness before an Advance, or (iii) the failure of the Insured Mortgage to comply with therequirements of state law of the state in which the Land is located to secure Advances.

3.    This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees,or expenses) resulting from:

a.    Advances made after a Petition for Relief under the Bankruptcy Code (11 U.S.C.) has been filed by or onbehalf of the mortgagor.

b.    The loss of priority of the lien of the Insured Mortgage, as security for Advances, to the lien of real estatetaxes or assessments on the Title imposed by governmental authority arising after Date of Policy.

c.    The loss of priority of the lien of the Insured Mortgage as security for any Advance, to a federal tax lien,which Advance is made after the earlier of (i) actual knowledge of the Insured that a federal tax lien wasfiled against the mortgagor, or (ii) the expiration of more than forty-five days after notice of a federal taxlien filed against the mortgagor.

d.    The loss of priority of the lien of the Insured Mortgage as security for Advances to any federal or stateenvironmental protection lien.

e.    Usury, or any consumer credit protection or truth-in-lending law.

4.    The Amount of Insurance shall include Advances.

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.

[Witness clause optional]

BLANK TITLE INSURANCE COMPANY

By:  ____________________________
        Authorized Signatory

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