NM Form 85 Identified Risk Coverage Endorsement

Indentified Risk Coverage Endorsement

Attached to Policy No. __________

Issued by

STEWART TITLE GUARANTY COMPANY

1. As used in this endorsement “Identified Risk” means: [insert description of the title defect, restriction encumbrance or other matter] described in Exception  ______ of Schedule B;

2. The Company insures against loss or damage sustained by the Insured by reason of;

a. A final order or decree enforcing the Identified Risk in favor of an adverse party; or

b. The release of a prospective purchaser or lessee of the Title or lender on the Title from the obligation to purchase, lease, or lend as a result of the Identified Risk, but only if

i. there is a contractual condition requiring the delivery of marketable title, and

ii. neither the Company nor any other title insurance company is willing to insure, over the Identified Risk with the same conditions as in this endorsement

3. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of the Title by reason of the Identified Risk insured against by Paragraph 2 of this endorsement, but only to the extent provided in the Conditions. 

4. This endorsement does not obligate the Company to establish the Title free of the Identified Risk or to remove the Identified Risk , but if the Company does establish the Title free of the Identified Risk or removes it, Section 9(a) of the Conditions applies.

[Witness clause optional]

STEWART TITLE GUARANTY COMPANY

By: _______________________________________

Authorized Signatory