OTIRO No. 93 Shopping Center Endorsement (9-4-23)

OTIRO 93 SHOPPING CENTER ENDORSEMENT

ATTACHED TO POLICY NUMBER ______________

ISSUED BY                                                     

STEWART TITLE GUARANTY COMPANY

The Company insures against loss or damage sustained by the Insured by reason of:

1.   the invalidity of any easements which are both (a) appurtenant to and run with the Land and (b) set forth in the Declaration of Covenants, Conditions and Restrictions and Grants of Easements, as amended, shown or referred to at No. ______________ of Schedule B of the policy (hereinafter called “the Declaration”);

2.   any defect in the execution of the Declaration but only insofar as such defect affects the encumbrance of the Declaration on the real property specified therein;

3.   the appearance of record prior to the date hereof of any document amending, altering or terminating the Declaration, except as set forth on Schedule B of the policy;

4.   priority, at the Date of the Policy, of any encumbrance over the Declaration, except as set forth in Schedule B of the policy; and

5.   the interference with the rights of the Insured to use the insured premises and appurtenant easements by any third party beneficiary of the Declaration or by any party claiming by, through or under any holder of a leasehold interest in the real estate covered by the Declaration, except as to the rights of others to use the common areas described in the Declaration in common with the Insured and except as to any interference based upon provisions of or rights established by or recognized in the Declaration or any amendments to it and except as to any interference based upon rights arising after the date of the policy.

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.