ENDORSEMENT TO TITLE POLICY
Attached to and forming part of Policy No. M-7762
Charge $Nil
05/06/2008 – Loan
Issued by
Stewart Title
Guaranty Company
herein called the Company
SUBSEQUENT LOAN FACILITIES ENDORSEMENT (SPECIAL)
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4. Increasing Amount of Insurance
Additional indebtedness and liability may be created by the mortgagor to an amount which exceeds the Amount of Insurance and in such case, the Company will increase the Amount of Insurance to the amount requested by the Insured, not to exceed the amount of the Insured Mortgage, and will amend the Date of Policy to the date of the creation of such additional indebtedness and liability, provided that, as of the date of the creation of such additional indebtedness and liability, the Insured:
i) conducts a subsearch of the public records (including searching executions) and confirms there are no liens, encumbrances, or adverse interests registered against the title;
ii) does not have Knowledge of any liens, encumbrances or adverse interests;
iii) confirms realty taxes are not in arrears; and
iv) agrees to pay the Company the premium at the then applicable rates for the increase in the Amount of Insurance.
5. Limitation of Company’s liability
The Insured acknowledges and agrees that:
in the event the total indebtedness and liability of the mortgagor exceeds the Amount of Insurance and the Insured has not increased the Amount of Insurance as provided for herein, the Company’s liability for loss or damage arising from matters covered under the policy will be limited to losses not exceeding the amount by which the value of the Land at the time of loss falls below the Amount of Insurance; and
This Endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, this Endorsement neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, dated XXXXXXX.
Countersigned:
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Authorized Countersignature
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Stewart Title Guaranty Company
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Toronto, Ontario, Canada
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ENDORSEMENT TO TITLE POLICY
Attached to and forming part of Policy No. M-7762
Charge $Nil
05/06/2008 – Loan
Issued by
Stewart Title
Guaranty Company
herein called the Company
SUBSEQUENT LOAN FACILITIES ENDORSEMENT (SPECIAL)
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if the indebtedness and liability of the mortgagor is increased at any time subsequent to the Date of Policy so that the total indebtedness and liability of the mortgagor exceeds the Amount of Insurance and if the Date of Policy is not amended as provided for herein, the Company is not liable for any loss or damage sustained or incurred by the Insured by reason of any matters covered under this Policy arising or created subsequent to the Date of Policy.
Issuing Guidelines:
This endorsement is not applicable in construction situations. If any subsequent registrations become apparent through a subsearch of title, or otherwise, these are to be reported to the Company prior to any amendment to the Date of Policy or Amount of Insurance and the Company reserves the right to provide further underwriting.
This Endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, this Endorsement neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, dated XXXXXXX.
Countersigned:
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Authorized Countersignature
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Stewart Title Guaranty Company
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Toronto, Ontario, Canada
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SCHEDULE C
Issued by:
CHICAGO TITLE INSURANCE COMPANY Endorsement
Subsequent Loan Facilities (BDC 04/10)
1. Insurance covers all indebtedness and liability and payments do not reduce the Amount of Insurance
The Company acknowledges and agrees that the Insured Mortgage secures all present and future indebtedness and liability of the mortgagor up to the amount of insurance as amended from time to time as provided for hereunder (the "Amount of Insurance") and that, notwithstanding the terms and conditions of the policy and any endorsement, the Amount of Insurance shall not be reduced by payments made on any such indebtedness and liability.
2. Amend Date of Policy: Subsequent Advances
On the creation of future indebtedness and liability up to the Amount of Insurance, other than pursuant to advances contemplated by the revolving credit facility endorsement the Company will deem the Date of Policy to be the date of the creation of such future indebtedness and liability provided that, as of the date of the creation of such future indebtedness and liability, the insured:
(i) conducts a subsearch of the public records (including searching executions) and confirms there are no liens, encumbrances or adverse interests registered against the title;
(ii) does not have actual knowledge of any liens, encumbrances or adverse interests; and
(iii) confirms realty taxes are not in arrears.
3. Priority of subsequent advances: Date of Policy
The insured acknowledges and agrees that on the creation of future indebtedness and liability, other than pursuant to advances contemplated by the revolving credit facility endorsement, and if the Date of Policy is not deemed to be amended as provided for in paragraph 2, the Company is not liable for any loss or damage sustained or incurred by the insured by reason of any matters covered under the Policy arising or created subsequent to the Date of Policy.
BDC Master Policy June 2012
4. Increasing Amount of Insurance
Additional indebtedness and liability may be created by the mortgagor to an amount which exceeds the Amount of Insurance and in such case, the Company will increase the Amount of Insurance to the amount requested by the insured, not to exceed the amount
of the Insured Mortgage, and will amend the Date of Policy to the date of the creation of such additional indebtedness and liability, provided that, as of the date of the creation of such additional indebtedness and liability; the insured:
i) conducts a subsearch of the public records (including searching executions) and confirms there are no liens, encumbrances or adverse interests registered against the title;
ii) does not have actual knowledge of any liens, encumbrances or adverse interests;
iii) confirms realty taxes are not in arrears; and
iv) agrees to pay the Company the premium at the then applicable rates for the increase in the Amount
of Insurance.
5. Limitation of Company's liability
The insured acknowledges and agrees that:
i) in the event the total indebtedness and liability of the mortgagor exceeds the Amount of Insurance and the insured has not increased the Amount of Insurance as provided for herein, the Company's liability for loss or damage arising from matters covered under the policy will be limited to losses not exceeding the amount by which the value of the land at the time of loss falls below the Amount of Insurance; and
ii) if the Indebtedness and liability of the mortgagor is increased at any time subsequent to the Date of
Policy so that the total indebtedness and liability of the mortgagor exceeds the Amount of Insurance and if the Date of Policy is not amended as provided for herein, the Company is not liable for any loss or damage sustained or incurred by the insured by reason of any matters covered under the Policy arising or created subsequent to the Date of Policy
BDC Master Policy June 2012
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.
Dated:
CHICAGO TITLE INSURANCE COMPANY
Authorized Signatory
Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory.
Issuing Guidelines:
In order to issue the Subsequent Advance Endorsement the insured must comply with the provisions stated in the endorsement.
As to paragraph 2, it is not necessary to advise us of each subsequent advance, but you must maintain a record of your searches (including confirmation of taxes) and the date of each advance.
BDC Master Policy June 2012
Legal Services – Atlantic and Ontario Rev. August 21, 2017
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