This endorsement is made a part of the Policy to which it is attached.
Notwithstanding sections 3(a), 3(d) and 7 of the Exclusions from Coverage, the Company insures the insured against loss or damage the insured shall sustain by reason of the voidability, in whole or in part, of the insured mortgage or the title to the estate or interest shown on Schedule A because of the occurrence on or before Date of Policy of a Fraudulent Transfer or a preference, in either case under federal bankruptcy, state insolvency or similar creditors' rights laws.
The coverage provided by this endorsement shall include the payment of costs, attorneys' fees and expenses necessary to defend the insured against those counts of any litigation seeking court orders which will result in loss or damage against which this endorsement provides insurance, and no others, to the extent provided in the Conditions and Stipulations, which is not inconsistent with this paragraph.
As used in this endorsement, the phrase "Fraudulent Transfer" means a fraudulent transfer or conveyance other than one (a) that the insured, at the time it acquired the insured mortgage, knew was actually intended to hinder, delay or defraud any creditor or (b) in which a court of competent jurisdiction finds that the insured was not a good faith grantee at the time it acquired the insured mortgage.
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 prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof.
|Executed on behalf of Investors Title Insurance Company
by W. Morris Fine, President (SEAL)
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