In this article, we outline a template of the ALTA 14.2-06 Future Advance – Letter of Credit. For more information about this and other ALTA endorsements, request a copy of our free endorsement book.
FUTURE ADVANCE – LETTER OF CREDIT (ALTA 14.2-06) (Revised 2/3/2011)
- The insurance for Advances added by Section 2 of this endorsement is subject to the exclusions in Section 3 of this endorsement and the Exclusions from Coverage in the Policy, except Exclusion 3(d), the provisions of the Conditions, and the exceptions contained in Schedule B.
- “Agreement,” as used in this endorsement, shall mean the letter of credit and its reimbursement agreement, the repayment of Advances under which is secured by the Insured Mortgage.
- “Advance,” as used in this endorsement, shall mean only an advance made after the Date of Policy as provided in the Agreement, including expenses of foreclosure, amounts advanced pursuant to the Insured Mortgage to pay taxes and insurance, assure compliance with laws, or to protect the lien of the Insured Mortgage before the time of acquisition of the Title, and reasonable amounts expended to prevent deterioration of improvements, together with interest on those advances.
- The Company insures against loss or damage sustained by the Insured by reason of:
- The invalidity or unenforceability of the lien of the Insured Mortgage as security for each Advance.
- The lack of priority of the lien of the Insured Mortgage as security for each Advance over any lien or encumbrance on the Title.
- The invalidity or unenforceability or loss of priority of the lien of the Insured Mortgage as security for the Indebtedness, Advances and unpaid interest resulting from (i) re-Advances and repayments of Indebtedness, (ii) earlier periods of no indebtedness owing during the term of the Insured Mortgage, or (iii) the Insured Mortgage not complying with the requirements of state law of the state in which the Land is located to secure Advances.
- This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees, or expenses) resulting from:
- The lien of real estate taxes or assessments on the Title imposed by governmental authority arising after Date of Policy; or
- Any federal or state environmental protection lien; or
- Limitations, if any, imposed under the Bankruptcy Code (11 U.S.C.) on the amount that may be recovered from the mortgagor’s estate; or
- Any mechanic’s or materialmen’s lien.
- The Indebtedness includes 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.