INDEMNITY and UNDERTAKING AS TO THE DEBTS OF
___________________________________________ , DECEASED
WHEREAS, ________________________________ (Title Insruance Underwriter), either
directly or through its agent, ____________________________(Title Insurance/Settlement Agency),
hereinafter referred to as “the Company,” it about to issue title insurance policy or policies or
commitments therefore, all hereinafter referred to as “the Title Insurance Policy,” in respect to the
land therein described as follows:
_____________________________________________________________________________________
AND WHEREAS, the Company in its search and examination preparatory to fulfilling said
request has determined that title to said real property appears to be subject to the following items:
Debts of the decedent for statutory 1 year period.
AND WHEREAS, the Company has been requested to issue the Title Insurance Policy, and
may hereafter in the ordinary course of its business issue title insurance policy or policies or
commitments therefore in the form or forms now or then commonly used by the Company in
respect to the land or to some part or parts thereof, or interest therein, all of the foregoing being
hereafter referred to as “Future Policies or Commitment,” either free and clear of all mention of
the aforesaid items or insuring against loss or damage because of said items set out above.
NOW THEREFORE, the undersigned, jointly and severally, for themselves, their heirs,
personal representatives and assigns do hereby covenant and agree with the Company: 1) To
forever fully protect, defend and save the Company harmless from and against all the items
referred to above, and from any and all loss, cost, damages, attorney’s fees and expenses of every
kind and nature which it may suffer, expend or incur under or by reason of, or in consequence of,
the Title Insurance Policy on account of, or in consequence of, or going out of the items referred to
above, or on account of the assertion of enforcement or attempted assertion or enforcement thereof
or of any rights existing of hereinafter arising or which may be claimed to exist under, or by reason
of, or in consequence of, or growing out of the items referred to above; 2) To provide for the
defense, at their own expense, on behalf and for the protection of the Company and parties insured
or who may become insured, against loss or damage under the Title Insurance Policy (but without
prejudice to the right of the Company to defend if it so elects) in all litigation consisting of actions
or proceedings based on any items referred to above which may be asserted or attempted to be
asserted, established or enforced in, to, upon, against or in respect to the land or any part thereof,
or interest therein; and 3) To pay, discharge, satisfy or remove all or any of the items referred to
above, (a) on or before 60 days from the date this agreement is signed, (b) when called upon by the
Company after 30 days’ notice in writing and mailed to the undersigned at the address set out
below; and 4) That each and every provision herein shall extend and be enforced concerning future
policies or commitment.
Nothing contained herein shall be construed so as to obligate the Company to issue its Title
Insurance Policy, in the form requested herein. However, should the Company issue any such Title
Insurance Policy, it will do so in reliance upon the undertaking of the undersigned and the issuance
of such Title Insurance Policy shall be the consideration for the above undertakings by the
undersigned.
The Company shall have the right at any time hereinafter, after notice to the undersigned
below, when it shall deem necessary, expedient, desirable or of interest to do so, in its sole
discretion, to pay, discharge, satisfy or remove from the title to said real estate all or any of the
items set out above. The undersigned covenants and agrees to pay to the Company all amounts so
expended on demand.
