LANDAMERICA TEXAS ENDORSEMENT GUIDE. February 2, Researched and Compiled

Transcription

1 LANDAMERICA TEXAS ENDORSEMENT GUIDE February 2, 2007 Researched and Compiled By Janet Minke Bickford Shaw LandAmerica Financial Group, Inc Rambler Rd., Suite 200, LB 31 Dallas, Texas 75231

2 TEXAS ENDORSEMENTS AND OTHER INSURING FORMS Alphabetic Order No. Name Procedural Rule Rate Rule Stat Code Page T-23 Access Endorsement P-54 R T-26 Additional Insured Endorsement P-57 R T-16 Aggregation Endorsement, Mortgagee Policy P-9b(13) R-11k T-3 Area and Boundary Amendment to T-1 or T-2 Ins. VI P-2 R T-3 Area and Boundary Amendment to T-1R Ins. VI P-2 R T-3 Assignment of Lien/Mortgage Instruction III P-9b(1)/(2) R-11a T-27 Assignment of Rents/Leases Endorsement P-60 R T-39 Balloon Mortgage Endorsement simultaneous P-9b(10) R-11h T-39 Balloon Mortgage Endorsement subsequent P-9b(10) R-11h T-3 Binder Extension Instruction I P-16 R-13A T-13 Binder on Interim Construction Loan, Mortgagee Title P-1cc & P-16 R-13A 8020 n/a Policy T-22 Commitment for Eminent Domain Proceedings, Owner P-14 R-23 n/a Title Policy T-7 Commitment for Title Insurance P-1cc & P-18 R-12 n/a T-7 Commitment for Title Insurance to FDIC, etc. P-15 R n/a T-20 Commitment to Texas Department of Transportation P-14 R n/a Owner Title Policy T-3 Completion of Improvements Instruction II P-8/P-9a(3) R , 24 T-28 Condominium Endorsement P-9b(15) R-11m T-25 Contiguity Endorsement P-56 R T-3 Correction Instruction IV T-3 Correction of Amount of Insurance Instruction IV T-3 Down Date of Binder Instruction VII P-9b(4) R-11c T-3 Down Date of Construction Loan Policy Instruction V P-9b(4) R-11c T-3 Down Date of Owner Policy During Construction P-9a(3) R Instruction VIII T-36 Environmental Protection Lien Endorsement P-9b(9) R-11g T-42 Equity Loan Mortgage Endorsement P-44 R-28A T-42.1 Equity Loan Mortgage Endorsement, Supplemental P-47 R-28B Coverage T-14 First Loss Endorsement P-9b(11) R-11i T-34 Increased Value Endorsement P-9a(2) R-3c T-15 Last Dollar Endorsement P-9b(12) R-11j T-4R Leasehold Endorsement, Residential P-9z(1) T-5 Leasehold Mortgagee Policy Endorsement P-9b(5) T-4 Leasehold Owner Policy Endorsement P-9b(5) T-3 Limited Coverage Junior Mortgagee Additional Coverage P-46B & E R-27B 0880 n/a May also provide coverage by amendment of T-44 T-44 Limited Coverage Junior Mortgagee Policy and Combined P-46A & E R-27A 3297 n/a Schedule, Texas Residential T-45 Limited Coverage Junior Mortgagee Policy Down Date P-46C & E R-27C Endorsement, Texas Residential T-46 Limited Coverage Junior Mortgagee Policy Variable Rate P-46D & E R-27D Endorsement, Texas Residential T-3 Limited Pre-Foreclosure Policy Deletion of Arbitration P-43A(8) n/a n/a May also be deleted by amending T-98 or T-99 T-98 Limited Pre-Foreclosure Policy and Combined Schedule P-43A R n/a T-99 Limited Pre-Foreclosure Policy Down Date Endorsement P-43B R-26D T-31 Manufactured Housing Endorsement P-9b(7) R-11e T-31.1 Manufactured Housing Unit Endorsement, Supplemental Coverage Mortgagee Policy P-9b(7) R-11e LandAmerica Financial Group, Inc. Page 2 of 93 Last Revised: 12/15/06

3 No. Name Procedural Rate Rule Stat Page Rule Code T-31.1 Manufactured Housing Unit Endorsement, Supplemental P-9a(4) R Coverage Owner Policy T-38 Modification, Partial Release, Etc. - Mortgagee Policy of P-9b(3) R-11b Title Insurance P-9.b.(3). Endorsement Form T-2 Mortgagee Policy of Title Insurance P-1dd R-4, etc. Multi n/a T-2R Mortgagee Policy of Title Insurance Short Form P-1dd & P-51 R-4, etc. multi n/a Residential T-24 Non-imputation Endorsement P-55 R T-1 Owner Policy of Title Insurance P-1bb R-3, etc. multi n/a T-1R Owner Policy of Title Insurance, Residential P-1bb & P-38 R-3, etc. multi n/a T-17 Planned Unit Development Endorsement Simultaneous P-9b(14) R-11l T-17 Planned Unit Development Endorsement - Single P-9b(14) R-11l T-18.1 Reinsurance Agreement, Facultative P-10 n/a n/a T-21 Reinsurance Agreement, Tertiary n/a n/a T-21.1 Reinsurance Agreement, Tertiary Facultative (Type I) P-10 n/a n/a T-21.2 Reinsurance Agreement, Tertiary Facultative (Type II) P-10 n/a n/a T-18 Reinsurance Commitment n/a n/a T-19 Restrictions, Encroachments, Minerals Endorsement - P-50B R-29B MTP T-19 Restrictions, Encroachments, Minerals Endorsement P-50A R-29A MTP - Residential T-19.1 Restrictions, Encroachments, Minerals Endorsement - P-50C R-29C OTP T-43 Reverse Mortgage Endorsement, Texas P T-35 Revolving Credit Endorsement P-9b(8) R-11f T-30 Tax Amendment Endorsement Rollback Taxes P-20 R T-12 USA Acquisition of Title Endorsement R T-6 USA Certificate of Title R n/a T-9 USA Certificate of Title for Easements R n/a T-11 USA Policy of Title Insurance R-3d 7050 n/a T-33.1 Variable Rate Mortgage Negative Amortization Loan P-9b(6) R-11d/R Endorsement no charge T-33 Variable Rate Mortgage Loan Endorsement - $20 P-9b(6) R-11d T-33 Variable Rate Mortgage Loan Endorsement no charge P-9b(6) R-11d/R T-33.1 Variable Rate Mortgage Negative Amortization Loan Endorsement - $20 P-9b(6) R-11d LandAmerica Financial Group, Inc. Page 3 of 93 Last Revised: 12/15/06

4 TEXAS ENDORSEMENTS AND OTHER INSURING FORMS Numeric Order No. Name Procedural Rate Rule Stat Page Rule Code T-1 Owner Policy of Title Insurance P-1bb R-3, etc. multi n/a T-1R Owner Policy of Title Insurance, Residential P-1bb & P-38 R-3, etc. multi n/a T-2 Mortgagee Policy of Title Insurance P-1dd R-4, etc. Multi n/a T-2R Mortgagee Policy of Title Insurance Short Form P-1dd & P-51 R-4, etc. multi n/a Residential T-3 Area and Boundary Amendment to T-1 or T-2 Ins. VI P-2 R T-3 Area and Boundary Amendment to T-1R Ins. VI P-2 R T-3 Assignment of Lien/Mortgage Instruction III P-9b(1)/(2) R-11a T-3 Binder Extension Instruction I P-16 R-13A T-3 Completion of Improvements Instruction II P-8/P-9a(3) R , 24 T-3 Correction Instruction IV T-3 Correction of Amount of Insurance Instruction IV T-3 Down Date of Binder Instruction VII P-9b(4) R-11c T-3 Down Date of Construction Loan Policy Instruction V P-9b(4) R-11c T-3 Down Date of Owner Policy During Construction P-9a(3) R Instruction VIII T-3 Limited Coverage Junior Mortgagee Additional Coverage P-46B & E R-27B 0880 n/a May also provide coverage by amendment of T-44 T-3 Limited Pre-Foreclosure Policy Deletion of Arbitration P-43A(8) n/a n/a May also be deleted by amending T-98 or T-99 T-4 Leasehold Owner Policy Endorsement P-9b(5) T-4R Leasehold Endorsement, Residential P-9z(1) T-5 Leasehold Mortgagee Policy Endorsement P-9b(5) T-6 USA Certificate of Title R n/a T-7 Commitment for Title Insurance P-1cc & P-18 R-12 n/a T-7 Commitment for Title Insurance to FDIC, etc. P-15 R n/a T-9 USA Certificate of Title for Easements R n/a T-11 USA Policy of Title Insurance R-3d 7050 n/a T-12 USA Acquisition of Title Endorsement R T-13 Binder on Interim Construction Loan, Mortgagee Title P-1cc & P-16 R-13A 8020 n/a Policy T-14 First Loss Endorsement P-9b(11) R-11i T-15 Last Dollar Endorsement P-9b(12) R-11j T-16 Aggregation Endorsement, Mortgagee Policy P-9b(13) R-11k T-17 Planned Unit Development Endorsement Simultaneous P-9b(14) R-11l T-17 Planned Unit Development Endorsement - Single P-9b(14) R-11l T-18 Reinsurance Commitment n/a n/a T-18.1 Reinsurance Agreement, Facultative P-10 n/a n/a T-19 Restrictions, Encroachments, Minerals Endorsement - P-50B R-29B MTP T-19 Restrictions, Encroachments, Minerals Endorsement P-50A R-29A MTP - Residential T-19.1 Restrictions, Encroachments, Minerals Endorsement - P-50C R-29C OTP T-20 Commitment to Texas Department of Transportation P-14 R n/a Owner Title Policy T-21 Reinsurance Agreement, Tertiary n/a n/a T-21.1 Reinsurance Agreement, Tertiary Facultative (Type I) P-10 n/a n/a T-21.2 Reinsurance Agreement, Tertiary Facultative (Type II) P-10 n/a n/a T-22 Commitment for Eminent Domain Proceedings, Owner P-14 R-23 n/a Title Policy T-23 Access Endorsement P-54 R LandAmerica Financial Group, Inc. Page 4 of 93 Last Revised: 12/15/06

5 No. Name Procedural Rate Rule Stat Page Rule Code T-24 Non-imputation Endorsement P-55 R T-25 Contiguity Endorsement P-56 R T-26 Additional Insured Endorsement P-57 R T-27 Assignment of Rents/Leases Endorsement P-60 R T-28 Condominium Endorsement P-9b(15) R-11m T-30 Tax Amendment Endorsement Rollback Taxes P-20 R T-31 Manufactured Housing Endorsement P-9b(7) R-11e T-31.1 Manufactured Housing Unit Endorsement, Supplemental P-9b(7) R-11e Coverage Mortgagee Policy T-31.1 Manufactured Housing Unit Endorsement, Supplemental P-9a(4) R Coverage Owner Policy T-33 Variable Rate Mortgage Loan Endorsement - $20 P-9b(6) R-11d T-33 Variable Rate Mortgage Loan Endorsement no charge P-9b(6) R-11d/R T-33.1 Variable Rate Mortgage Negative Amortization Loan P-9b(6) R-11d/R Endorsement no charge T-33.1 Variable Rate Mortgage Negative Amortization Loan P-9b(6) R-11d Endorsement - $20 T-34 Increased Value Endorsement P-9a(2) R-3c T-35 Revolving Credit Endorsement P-9b(8) R-11f T-36 Environmental Protection Lien Endorsement P-9b(9) R-11g T-38 Modification, Partial Release, Etc. - Mortgagee Policy of P-9b(3) R-11b Title Insurance P-9.b.(3). Endorsement Form T-39 Balloon Mortgage Endorsement simultaneous P-9b(10) R-11h T-39 Balloon Mortgage Endorsement subsequent P-9b(10) R-11h T-42 Equity Loan Mortgage Endorsement P-44 R-28A T-42.1 Equity Loan Mortgage Endorsement, Supplemental P-47 R-28B Coverage T-43 Reverse Mortgage Endorsement, Texas P T-44 Limited Coverage Junior Mortgagee Policy and Combined P-46A & E R-27A 3297 n/a Schedule, Texas Residential T-45 Limited Coverage Junior Mortgagee Policy Down Date P-46C & E R-27C Endorsement, Texas Residential T-46 Limited Coverage Junior Mortgagee Policy Variable Rate P-46D & E R-27D Endorsement, Texas Residential T-98 Limited Pre-Foreclosure Policy and Combined Schedule P-43A R n/a T-99 Limited Pre-Foreclosure Policy Down Date Endorsement P-43B R-26D LandAmerica Financial Group, Inc. Page 5 of 93 Last Revised: 12/15/06

6 This Guide is designed to aid in determination of the types of endorsements available in Texas, when an endorsement may be offered, the underwriting requirements to be met for issuance of the endorsement and the premium for the endorsement, if applicable. Some endorsements are mandatory and others are issued only at the request of the proposed insured. Some transactions are out of the ordinary and make decisions about issuance of a requested endorsement difficult. In those situations, as always, please do not hesitate to call Regional Underwriting Counsel for assistance. In Texas, only endorsements and premium charges, if any, which have been promulgated by the Texas Department of Insurance may be issued and collected. The underwriting guidelines set forth with each endorsement represent minimum LandAmerica underwriting requirements. Again, if the situation varies and you are uncomfortable with the request to issue a specific endorsement, do not hesitate to call Regional Underwriting Counsel. The information contained herein is for the benefit of licensed title insurance agents and direct operations writing policies on underwriters that are part of the LandAmerica family of underwriters. In Texas, those underwriters are Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America and Transnation Title Insurance Company. Since the title business is always changing, the information in this Guide is, of course, subject to change also. For each endorsement, you will find: A. A sample of the endorsement from the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in Texas (also referred to in this Guide as the Basic Manual ). Promulgated instructions appearing in the form will be bolded for added emphasis. Additional instructions may be added in this special type style to assist in proper preparation. B. The policy to which the endorsement may be attached and when it may be issued. C. Procedural Rule governing the issuance of the endorsement. D. Rate Rule governing the premium charge for the endorsement, if any. E. Underwriting guidelines and additional requirements, if any. F. Instructions for preparation of the endorsement, if it is necessary to add data to the form. G. When applicable, the form numbers of similar ALTA and/or CLTA forms. WARNING: Do not advise a customer that any Texas endorsement form is the same as any other form. These similar endorsement form numbers are given for your reference only. LandAmerica Financial Group, Inc. Page 6 of 93 Last Revised: 12/15/06

7 P-17. Electronically Produced Forms (a) (b) Permission to Electronically Produce It shall be permissible for a Company to computer generate or electronically produce any Texas promulgated form. If a Company elects to use electronically produced forms, the Company shall use the appropriate promulgated language for the relevant form as set forth in the Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas. An "electronically produced form" shall be signed either with an original signature or by a safeguarded electronic signature as provided in subsection (e) of this rule and issued by the Title Insurance Agent or Direct Operation or Title Insurance Company preparing the form and shall state the name of the Title Insurance Company having liability under the title insurance form. Permissible Changes to Promulgated Forms (1) It shall not be necessary for an electronically produced form issued by a Company to contain: (A) the facsimile corporate execution of the Title Insurance Company; or, (B) the facsimile corporate attest of the Title Insurance Company; or, (C) the facsimile corporate seal of the Title Insurance Company. (2) With the permission of its Title Insurance Company, it shall be permissible for a company to make the following non-substantive changes to an electronically produced form: (A) omit the promulgated blank for inserting an endorsement number; (B) omit the use of endorsement numbers if the Title Insurance Company elects not to individually inventory endorsements; (C) add accounting information (such as, without limitation, county codes, statistical code numbers, rate rule references, and premium amounts) to the top or bottom margin of an electronically produced form; and, (D) format general identifying information to be printed in convenient locations. For purposes of this sub-paragraph, general identifying information includes such items as (i) name of Title Insurance Company; (ii) name or title of form; (iii) form "T- " number, if applicable; and, (iv) signature blanks for the Company. (c) Directly Issued Policies. This rule shall not affect the requirement for countersignature of a Directly Issued Policy pursuant to Procedural Rule P-31, which policy may be computer generated or electronically produced. (d) Consumer Protection. The Company must comply with the provisions of the Electronic Signatures in Global and National Commerce Act, including the requirements for Consumer Disclosures set forth in Section 101 (c) of said act, and the Uniform Electronic Transactions Act, Texas Business and Commerce Code, Chapter 43, where applicable. (e) Electronic Safeguards. Information that is generated, scanned, or otherwise stored electronically must accurately reflect the information set forth in the document or record as of the time it was first generated in its final form and must remain unaltered and accessible for later reference and audit. (f) Document Retention. This rule shall not affect the requirements of document retention pursuant to Article 9.34, Texas Insurance Code and the rules promulgated thereunder, except that documents or records which are initially computer generated or electronically produced in conformity with this rule may be retained in that medium. LandAmerica Financial Group, Inc. Page 7 of 93 Last Revised: 12/15/06

8 P-31. Authorized Execution of Directly Issued Policy. All directly issued policies of title insurance (authorized by Art. 9.34, Insurance Code, defined in Procedural Rule P-1.aa., and sometimes referenced "Home Office Issue") shall be countersigned, prior to delivery, by a bona fide officer or employee of the Title Insurance Company issuing the directly issued policy. Each employee or officer countersigning directly issued policies shall be employed at a designated office location in the State of Texas maintained by the issuing Title Insurance Company for the issuance of directly issued policies. Each Title Insurance Company shall file annually on or before January 31 of each calendar year a written designation of its office addresses with the Texas Department of Insurance, together with the name and position of each person or persons at each designated address it has authorized to countersign directly issued policies at such address. No person or entity may be authorized, designated or empowered to countersign directly issued policies for a Title Insurance Company until designated with the Texas Department of Insurance in compliance with this Rule P-31. For the purpose of this rule all directly issued policies must reflect original countersigned signatures and it is prohibited to affix facsimile or any other form of signature that is not the originally executed signature of a designated individual. P-1. Definitions u. Residential real property (1) Any real property which has improvements thereon designed principally for the occupancy of from one to four families (including individual units of condominiums and cooperatives) and either (a) situated in a platted subdivision of record, or (b) consisting of five acres or less, or (2) Any real property which has improvements thereon designed principally for the occupancy of from one to four families and (a) consisting of more than five acres but not more than 200 acres (b) used for agricultural production (c) by individual insureds (according to the information known by the Company at the time of issuance of the policy of title insurance). bb. Owner Policy - The Owner Policy of Title Insurance (Form T-1) or the Residential Owner Policy of Title Insurance - One-To-Four Family Residences (Form T-1R). Any rule referring to the Owner Policy shall apply to both forms unless the Rule refers to the specific Form number. Unless a rule expressly requires the use of the Owner Policy of Title Insurance (Form T-1) a title insurance company may use the Residential Owner Policy of Title Insurance - One-To-Four Family Residences (Form T-1R) if the property has any improvements thereon designed for the occupancy of from one to four families. P-38. RESIDENTIAL OWNER POLICY OF TITLE INSURANCE - ONE-TO-FOUR FAMILY RESIDENCES A Company shall only issue a Residential Owner Policy of Title Insurance - One-To-Four Family Residences (Form T-1R) on property that is Residential Real Property, and the insured is a natural person(s) at the date the policy is issued. In the application of this rule it is permissible to issue a Residential Owner Policy of Title Insurance (Form T-1R) prior to the construction of improvements provided that the Residential Owner Policy of Title Insurance (Form T-1R) is issued to a natural person, in accordance with P-8.a. In all other cases, the Company shall issue the Owner Policy (Form T-1) when issuing a policy to an owner. LandAmerica Financial Group, Inc. Page 8 of 93 Last Revised: 12/15/06

9 TIPS FOR USING THE BASIC MANUAL AND THIS GUIDE Unfortunately, the Texas Title Insurance Basic Manual is not very user-friendly. We have created this Guide in an attempt to make the process of finding and using Endorsements somewhat easier. Here are some tips that might help you find what you are looking for in this Endorsement Guide. At the front of the Guide are two charts, one alphabetical by insuring form name and the other numerical by insuring form number. On these charts, we have included all insuring forms, although only endorsements are addressed in the remainder of the Guide. In this Guide, endorsements are arranged in alphabetical order, according to the name of the form. For each endorsement, we have included on a facing page both the Procedural Rules and the Rate Rules associated with the form, as well as some brief underwriting guidelines and instructions on completion of the form itself. These underwriting guidelines are not designed to take the place of the formal guidelines provided to you in Bulletin form. All endorsements created using the Blank T-3 Endorsement form, are shown as separate endorsements, in alphabetical order using a form name based on the instructions. Refer to specific Underwriting Bulletins for more complete guidelines. Here are some tips that might help you find what you are looking for in the Basic Manual. Learn to use the Index in the front of the Basic Manual, especially when you are looking for insuring forms. Section II: Insuring Forms All insuring forms are located in Section II: Insuring Forms. o o But, some of the forms in this section are used only by underwriters. And, the Residential Real Property Affidavit Form T-47 which is not an insuring form is also in this section. The insuring forms are placed in the Basic Manual in the order in which they were adopted, not alphabetical or form number order. Several endorsements are accomplished by using the Blank or T-3 endorsement form, simply completing it with the words needed to create the endorsement. The instructions (and words) appear in Section II Insuring Forms section and are listed on the Index as Endorsement Instructions. The Commitment for Title Insurance Form T-7 does not include the language for Schedule D. See Procedural Rule P-21. Section III: Rate Rules Don t be mislead by the title, not everything in this section is limited to rules about premiums. Premiums for most mortgagee endorsements are under Rate Rule R-11, but some have separate rules. Premiums for most owner endorsements are under Rate Rule R-15, but some have separate rules. Payment of a Fee for Examination and/or Closing see Procedural Rule P-22. Division of Premiums between Title Insurance Agents and Title Insurance Companies see P-23. Payment for Services Rendered by a Title Insurance Company, etc. see P-24. Section IV: Procedural Rules The P-1 Definitions are very important and some definitions also include procedural instructions. Procedures for most endorsements are under Procedural Rule P-9a (owner policies) and P-9b (mortgagee policies), but some have separate rules. o See Rate Rule R-13 for Binder Extension endorsements. o See Rate Rule R-3 for Increased Value endorsements. Procedures regarding deletion of the subordinate liens and leases language in a mortgagee policy appear in Procedural Rule P-11b.(8). Procedural Rule P-52 does not include Endorsements in the forms for which Pro Formas may be issued. Rules for determining the correct Amount of Insurance for policies: Owner Policies: Rate Rule R-3. Mortgagee Policies: Rate Rule R-4. o Mortgagee policy issued subsequent to a policy covering the same insured lien: Rate Rule R-6. o Mortgagee policy insuring a Texas Reverse Mortgage: Procedural Rule P-45 o Texas Residential Limited Coverage Junior Mortgagee Policy: Procedural Rule P-46. USA policies: Rate Rule R-17. Limited Pre-Foreclosure Policy: Procedural Rule P-43. LandAmerica Financial Group, Inc. Page 9 of 93 Last Revised: 12/15/06

10 ACCESS ENDORSEMENT (T-23) Attached to Policy No. Issued by BLANK TITLE INSURANCE COMPANY HEREIN CALLED COMPANY The Company insures against loss or damage sustained by the insured if, at Date of Policy: (i) or (ii) the land does not abut and have both actual vehicular and pedestrian access to and from [insert name of single street, road, or highway] (the Street ), the Street is not physically open. This endorsement is made a 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. FORM T-23: Access Endorsement LandAmerica Financial Group, Inc. Page 10 of 93 Last Revised: 12/15/06

11 ACCESS ENDORSEMENT Form T-23 Issuing the Form: This endorsement may be attached to any T-1 Owner or T-2 Mortgagee Title Insurance Policy insuring land that is not residential real property and on which improvements exist at the time the policy to which it is attached is issued. Underwriting Guidelines: Verify that the proposed insured has requested this endorsement and determine with regard to which road(s) the coverage is desired. o Only one road may be covered per endorsement. If assurances are desired with regard to multiple roads, multiple endorsements may be issued. Verify that the land to be insured is not residential real property. An acceptable survey is required. o Review the survey to determine that improvements currently exist on the property. o Review the survey to determine that the land to be insured has actual physical access to the road(s) for which coverage is desired. Additional examination and/or underwriting may be required. o Examine title to determine that the owner of the land has a legal right of access to the road(s) for which coverage is desired. o Add exceptions to Schedule B of the policy for any restrictions on vehicular and/or pedestrian access from the insured land to and from the road(s) for which coverage is desired. o Add deletion language to Schedule B if you are unwilling to give all of the coverage provided by the endorsement. Rate Rule: R-30 - $100 When the Access Endorsement (T-23) is issued with a Mortgagee Policy of Title Insurance (T-2) or Owner Policy (T-1) in accordance with Rule P-54, the premium for the Access Endorsement (T-23) shall be $100 for each policy. Procedural Rule: P-54 A Company may issue its Access Endorsement (T-23) on or after the date Rate Rule R-30 is effective to a Mortgagee Policy (T-2) or Owner Policy (T-1) on land which contains improvements and which is not residential real property, if its underwriting requirements are met and if it is paid the premium, if any, prescribed in Rate Rule R-30. The Company may add any exception to the endorsement that it considers, in its sole discretion, to be appropriate. The Company shall delete any insuring provision or portion thereof if it does not consider that risk acceptable. Any insured matter covered in the Access Endorsement (T-23) may be insured only by the use of this endorsement. A Company may not issue its Access Endorsement (T-23) on residential real property. Completing the Form: Add the following information to the Endorsement form: Policy Number of the policy to which this endorsement is attached. Name of the street, road or highway for which coverage is desired. Similar ALTA or CLTA endorsement forms CLTA Easement Access to Public Street ( ) ALTA 17 Access and Entry (New in 2004) LandAmerica Financial Group, Inc. Page 11 of 93 Last Revised: 12/15/06

12 ADDITIONAL INSURED ENDORSEMENT (T-26) Attached To and Made a Part of Policy No. Issued By BLANK TITLE INSURANCE COMPANY The policy is hereby amended by adding as a named insured therein: (Insert name of additional insured) This endorsement does not extend the coverage of the policy to any later date than Date of Policy, nor does it impose any liability on the Company for loss or damage resulting from (1) failure of such added insured to acquire an insurable estate or interest in the land, or (2) any defect, lien or encumbrance attaching by reason of the acquisition of an estate or interest in the land by such added insured. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it 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 any prior endorsements, nor does it increase the face amount thereof. FORM T-26: Additional Insured Endorsement LandAmerica Financial Group, Inc. Page 12 of 93 Last Revised: 12/15/06

13 ADDITIONAL INSURED ENDORSEMENT Form T-26 Issuing the Form: This endorsement may be attached to any Owner Title Insurance Policy. Underwriting Guidelines: Review the document purporting to convey title (and, in the case of item (b) of the rule, the prior written agreement) to determine that the proposed additional insured falls within the guidelines of the procedural rule. Remember that the premium must be collected before the endorsement is issued. Rate Rule: R-33 When the Additional Insured Endorsement (T-26) is issued with an Owner Policy in accordance with Rule P-57, the premium for the Additional Insured Endorsement (T-26) shall be 10% of the Basic Rate for each policy provided that the minimum premium shall be not less than $ Procedural Rule: P-57 A Company may issue its Additional Insured Endorsement (T-26) on or after the date that Rate Rule R-33 is effective to an Owner Policy by naming a person as an additional insured in the endorsement, if (1) its underwriting requirements are met, (2) it is paid the premium, if any, prescribed in Rate Rule R-33, and (3) the additional insured is (a) the trustee or successor trustee of a Living Trust to whom the insured transfers the title after Policy Date, and/or the beneficiaries of the Living Trust, or (b) (c) any partner, member or stockholder that acquires the interests of the other owners of the insured in accordance with the terms and provisions of a written agreement in effect at Date of Policy, or a family partnership or family corporation solely composed of or owned by members of the insured s family and the insured. Any matter covered in the Additional Insured Endorsement (T-26) may be insured only by the use of this endorsement. Completing the Form: Add the following information to the Endorsement form: Policy Number of the policy to which this endorsement is attached Name of the additional insured Similar ALTA or CLTA endorsement forms CLTA Additional Insured ( ) In regard to (a) and (c), similar coverage provided by the definition of Insured in the new ALTA 2006 Owner policy. LandAmerica Financial Group, Inc. Page 13 of 93 Last Revised: 12/15/06

14 Assignment of Lien (Endorsement Instruction III) ENDORSEMENT T-3 Attached to and made a part of Title Insurance Company Policy or Interim Construction Binder Number, this day of,. Said Mortgagee Policy is hereby amended to name as the Insured: [Insert Name of new lender according to the Assignment]. The lien described in Schedule A of said policy has been assigned to said named Insured by assignment dated the day of, 19, at.m., and recorded in the Office of the County Clerk of County, Texas (here insert clerk s file number or book and page of recording), and Schedule A of said policy is hereby amended to cover said assignment, and it is expressly stated that the effective date of said policy is changed to the date of this Endorsement. As of the date of this Endorsement, Company insures the insured against loss, if any, sustained by the insured under the terms of the policy if said lien is not a valid [first, second, etc.] lien against the property described in Schedule A of said policy, subject to the matters set forth in Schedule B, the terms and provisions of said policy and the following: (Here insert any exception necessary by reason of matters arising since the date of the Policy or delete the immediately preceding words and the following: ) The Company insures that all standby fees, taxes and assessments by any taxing authority against the property described in Schedule A of said policy have been paid up to and including the year [Insert tax year through which taxes are shown paid ] except subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, and except: (specify or delete the immediately preceding words and except. ) This Endorsement shall be effective when the note or notes secured by the lien insured have been delivered to the Insured named herein. Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or interim construction binder, unless otherwise expressly stated. IN WITNESS HEREOF, the TITLE INSURANCE COMPANY has caused this Endorsement to be executed by its President under the seal of the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Attest: [SEAL] Secretary Countersigned at, Texas (Use Optional) TITLE INSURANCE COMPANY By: President Authorized Countersignature (Location Discretionary) Endorsement Form T-3: General LandAmerica Financial Group, Inc. Page 14 of 93 Last Revised: 12/15/06

15 ENDORSEMENT T-3 Use Upon Assignment Of Lien Issuing the Form: This endorsement may be attached to any Mortgagee Title Insurance Policy when the insured lien has been assigned; however, this Endorsement may not be issued if the lien is secured by one-to-four family residential property, unless the mortgage is assigned to a governmental agency as defined in the applicable procedural rule. Underwriting Guidelines: Search the title from the Policy Date through the date of the recording of the Assignment. Exceptions are added to the Endorsement for matters discovered in the search. Order and review a current Tax Certificate regarding standby fees, taxes and assessments. Rate Rule: R-11.a Endorsement issued as provided in Rules P-9b(1) and P-9b(2) - The minimum Basic Premium Rate shall be charged for each Endorsement issued after the date of the original policy. In no event, however, shall such premium exceed 50% of the premium applicable to the original Mortgagee Policy under the Schedule of Basic Rates. Procedural Rule: P-9.b.(1) or P-9.b.(2) 1) Assignment of Mortgage to Government Agencies - Where a Mortgagee Policy has been issued covering the lien securing an indebtedness, and such indebtedness and lien have been subsequently sold, transferred and assigned to Government National Mortgage Association and/or Federal National Mortgage Association and/or Administrator of Veterans' Affairs and/or Secretary of Housing and Urban Development, as their names may be changed from time to time, the Company which issued the original policy may issue an Endorsement thereto to show the Government National Mortgage Association and/or Federal National Mortgage Association and/or Administrator of Veterans' Affairs and/or Secretary of Housing and Urban Development, or as their names may be changed from time to time as a party insured. As a condition to the issuance of the Endorsement, the Company may require a showing from the assignor that such assignor has not accelerated the maturity of the indebtedness, or if he has, that there has been a proper reinstatement of the obligation. It shall be permissible for the Company to show the current owner of the fee simple title to the property in the said Endorsement. (2) Assignment of Mortgage to Others - Except as to those loans secured by one-to-four family residential properties, the Endorsement provided for in Rule P-9b(1) may also be issued to any assignees other than those set out in said Rule P- 9b(1). Endorsement Instruction III. Use Upon Assignment of Lien When a lien is assigned, and upon compliance with Rules P-9.b.(1) or P-9.b.(2) and R-11, the Company may issue the Endorsement by inserting therein: [see sample document, where the promulgated language has been inserted]. Completing the Form - Add the following information to the Endorsement form: Policy Number of the policy to which this endorsement is attached. Date of Endorsement = Date the Assignment was recorded. Insured = Party to whom loan is assigned, according to Assignment Date of the Assignment Recording reference for the Assignment, including County Lien priority, for example if the mortgagee policy to which the endorsement is attached is insuring a first lien (no exception to superior liens in Schedule B), insert First and if it is attached to a policy insuring a second lien, insert Second and so on. Additional Schedule B exceptions o Only insert exceptions to matters revealed by the title search that are superior to the lien insured. o If there are no additional superior matters, delete the words and the following from the paragraph. Insert the proper tax year. This endorsement works differently from commitments and policies. Instead of inserting the first year you are unwilling to insure, you insert the last year you are willing to insure. For example, if your Tax Certificate shows taxes paid through the 2003, you will insert 2003 in the blank. You may also add exceptions to specific unpaid taxes, if necessary. If no specific tax exceptions are added, delete the words and except from the paragraph. Similar ALTA or CLTA endorsement forms ALTA 10.1 Assignment and Datedown CLTA Assignment of Mortgage with Priority Coverage ( ) LandAmerica Financial Group, Inc. Page 15 of 93 Last Revised: 12/15/06

16 ASSIGNMENT OF RENTS/LEASES ENDORSEMENT (T-27) Attached to Policy No. Issued by BLANK TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY The Company hereby insures the insured against loss which the insured shall sustain by reason of: (a) (b) any defect in the execution of the document entitled referred to in paragraph of Schedule B; and the existence, as shown by the public records, of any prior assignment of the lessor s interest in the lease or leases specified in such document, including any assignments of rents there under, other than as set forth in Schedule B. 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 Form T-27: Assignment of Rents/Leases Endorsement BY: LandAmerica Financial Group, Inc. Page 16 of 93 Last Revised: 12/15/06

17 ASSIGNMENT OF RENTS AND LEASES ENDORSEMENT Form T-27 Issuing the Form: This endorsement may be attached to any contemporaneously issued T-2 Mortgagee Title Insurance Policy insuring a Deed of Trust additionally secured by an assignment of rents and/or leases, provided the policy does not cover residential real property. Underwriting Guidelines: Verify that lender's instructions require this endorsement. Verify that no previous assignment of rents and/or leases has been granted by the current or a prior owner, unless such assignment has been released or was given as additional security for a loan which has been released. o LandAmerica will treat a release which only describes the deed of trust as also releasing any assignment of rents and/or leases given as additional security for the same loan. o If you are insuring a second lien on the property and there is an assignment of rents and/or leases in favor of the first lienholder, you should not issue/attach this endorsement to the second lien policy. Rate Rule: R-34 - $0 When the Assignment of Rents/Leases Endorsement (T-27) is issued with a Mortgagee Policy of Title Insurance (T- 2) in accordance with Rule P-60, the premium for each Assignment of Rents/Leases Endorsement (T-27) shall be $0.00. Procedural Rule: P-60 A Company may issue its Assignment of Rents and Leases Endorsement (T-27) on or after the date Rate Rule R-34 is effective (Effective date: February 1, 2007) to a contemporaneously issued Mortgagee Policy (T-2) if its underwriting requirements are met and if it is paid the premium, if any, prescribed in Rate Rule R-34. The Company shall delete any insuring provision or portion thereof if it does not consider that risk acceptable. Any insured matter covered in the Endorsement (T-27) may be insured only by the use of this endorsement. The Assignment of Rents/Leases Endorsement (T-27) may not be issued on residential real property. Completing the Form: Add the following information to the Endorsement form: Policy Number of the policy to which this endorsement is attached Descriptive name of the document to be covered by the Endorsement, i.e. Assignment of Rents. Schedule B paragraph number of the item excepting to the named document. Similar ALTA or CLTA endorsement forms CLTA Assignment of Rents or Leases LandAmerica Financial Group, Inc. Page 17 of 93 Last Revised: 12/15/06

18 BALLOON MORTGAGE ENDORSEMENT T-39 Attached to Policy No. Issued by Title Insurance Company The Company insures the insured mortgagee against loss or damage by reason of: (1) The invalidity or unenforceability of the lien of the insured mortgage resulting from the provisions therein which provide for a Conditional Right to Refinance and a change in the rate of interest as set forth in the Mortgage Rider. (2) Loss of priority of the lien of the insured mortgage as security for the unpaid principal balance of the loan, together with interest thereon, which loss of priority is caused by the exercise of the Conditional Right to Refinance and the extension of the loan term to the New Maturity Date set forth on the Rider and a change in the rate of interest, provided that all the conditions set forth in the Balloon Mortgage Rider have been met, the mortgagor remains the owner and occupant of the land, and there are no other liens, defects, and encumbrances, or other adverse matters affecting title arising subsequent to Date of Policy. This endorsement does not insure against loss or damage based upon (a) usury or (b) any consumer credit protection or truth in lending law or (c) bankruptcy. 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, it 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 any prior endorsements, nor does it increase the face amount thereof. Title Insurance Company Endorsement Form T-39: Balloon Mortgage By: LandAmerica Financial Group, Inc. Page 18 of 93 Last Revised: 12/15/06

19 BALLOON MORTGAGE ENDORSEMENT Form T-39 Issuing the Form: This endorsement may be attached to any Mortgagee Title Insurance Policy insuring a Deed of Trust including a balloon rider with a conditional right to refinance, provided the policy covers only residential real property. Underwriting Guidelines: Verify that lender's instructions require this endorsement. Review note and deed of trust for a balloon rider with conditional right to refinance. The lien as originally created and described in the mortgagee policy must contain the balloon rider. Rate Rule: R-11.h - $25.00 or $50.00 Endorsement issued as provided in Rule P-9b(10) - A premium of $25.00 shall be charged for the issuance of the endorsement provided for in Rule P-9b(10) if the endorsement is issued at the time of the issuance of the mortgagee policy. A premium of $50.00 shall be charged for the issuance of the endorsement provided for in Rule P-9b(10) if the endorsement is issued subsequent to the issuance of the mortgagee policy. Procedural Rule: P-9.b.(10) Balloon Mortgage Endorsement - When a mortgagee policy of title insurance is to be issued on residential real property insuring a lien that contains a balloon rider, the Company may attach to the mortgagee policy endorsement Form T-39. The balloon rider must contain a conditional right to refinance. The lien as originally created and described in the mortgagee policy must contain the balloon rider. The Company must be paid the premium prescribed in Rate Rule R-11h for issuance of the endorsement. Completing the Form: Add the following information to the Endorsement form: Policy Number of the policy to which this endorsement is attached Similar ALTA or CLTA endorsement forms CLTA FNMA 7 Year Balloon Mortgage Variable Rate (6-8-90) LandAmerica Financial Group, Inc. Page 19 of 93 Last Revised: 12/15/06

20 Binder Extension (Endorsement Instruction I) ENDORSEMENT T-3 Attached to and made a part of Title Insurance Company Policy or Interim Construction Binder Number, this day of,. The expiration date of said Interim Construction Binder is extended for a period of six months from the expiration date of the original Binder, or the expiration date of the last Endorsement extending said Binder; but in no event beyond thirty-six months from the expiration date of the Binder. Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or interim construction binder, unless otherwise expressly stated. IN WITNESS HEREOF, the TITLE INSURANCE COMPANY has caused this Endorsement to be executed by its President under the seal of the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Attest: [SEAL] Secretary Countersigned at, Texas (Use Optional) TITLE INSURANCE COMPANY By: President Authorized Countersignature (Location Discretionary) Endorsement Form T-3: General LandAmerica Financial Group, Inc. Page 20 of 93 Last Revised: 12/15/06

21 ENDORSEMENT T-3 Use to Extend Mortgagee Title Policy Binder on Interim Construction Loan Issuing the Form: This endorsement may be attached to any Mortgagee Title Policy Binder on Interim Construction Loan (Binder) dated not more than three years and six months prior to the issuance of the endorsement. Underwriting Guidelines: The Binder itself expires one year from its date. Subsequent endorsements to extend the expiration date must be issued chronologically and without gaps in coverage. Multiple endorsements may be issued simultaneously, if necessary to avoid gaps in coverage. o For example, if the Binder is dated January 1, 2004, the first Endorsement must be dated January 1, 2005; the second endorsement is dated July 1, 2005; the third is dated January 1, 2006, and so on. A maximum of six (6) endorsements extending the expiration date of the Binder may be issued. After this, the lender may purchase a Mortgagee Policy of Title Insurance if continued coverage is desired. Rate Rule: R-13A. - $25.00 The original Binder may be extended for six (6) additional consecutive periods of six (6) months each, not to exceed thirty-six (36) months. A premium of $25.00 shall be charged for each consecutive six (6) month extension. Procedural Rule: P Interim Binder shall not be issued on vacant lots or tracts, except in connection with the immediate construction of improvements thereon, nor shall such Interim Binder be issued after completion of improvements to which it relates, but this does not prohibit the issuance of Extensions after completion of improvements Endorsement Instruction I. Use to Extend Mortgagee Title Policy Binder on Interim Construction Loan When the Company is called upon to extend the expiration date of a Mortgagee Title Policy Binder on Interim Construction Loan, and after complying with Rules R-13 and P-16, it shall issue the Endorsement inserting therein: [see sample document the promulgated language has been inserted]. Completing the Form: Add the following information to the Endorsement form: Policy Number of the policy to which this endorsement is attached Date = First endorsement = 1 year from date of Binder; subsequent endorsements at 6-month intervals. Similar ALTA or CLTA endorsement forms: None LandAmerica Financial Group, Inc. Page 21 of 93 Last Revised: 12/15/06

22 Completion of Improvements Owner Policy (Endorsement Instruction II.A.) ENDORSEMENT T-3 Attached to and made a part of Title Insurance Company Policy or Interim Construction Binder Number, this day of,. 1. Exceptions No. in said Owner Policy are hereby deleted. 2. Item #2 is intentionally deleted. OR No survey furnished or premium paid for amendment of area & boundaries. 2. The company affirms the amendment of the exception as to area and boundaries of the above numbered policy, such amendment to be effective as of the date of this Endorsement. OR Survey furnished & premium paid; area & boundaries previously amended in owner policy. 2. Exception as to area and boundaries of the above numbered policy is hereby eliminated save and except any shortages in area. Survey furnished & premium paid; area & boundaries not previously amended in owner policy. 3. Item #3 is intentionally deleted. OR No T-19.1 previously issued and none requested.. 3. The company affirms the coverage provided in the T-19.1 Endorsement issued in connection with the above numbered policy, such coverage to be effective as of the date of this Endorsement. The following subparagraph(s) of this endorsement are deleted:. T-19.1 previously issued with OR OTP; current coverage requested. 3. The T-19.1 Endorsement in the form attached hereto is made a part of the above numbered policy. The following subparagraph(s) of this endorsement are deleted:. T-19.1 requested and premium paid; not previously issued with OTP. Nothing herein contained shall be construed as extending or changing the effective date of the aforesaid policy or interim construction binder, unless otherwise expressly stated. IN WITNESS HEREOF, the TITLE INSURANCE COMPANY has caused this Endorsement to be executed by its President under the seal of the Company, but this Endorsement is to be valid only when it bears an authorized countersignature. Attest: TITLE INSURANCE COMPANY [SEAL] By: Secretary President Countersigned at, Texas (Use Optional) Authorized Countersignature (Location Discretionary) Endorsement Form T-3: General LandAmerica Financial Group, Inc. Page 22 of 93 Last Revised: 12/15/06