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<br /> limit your right to withdraw as escrow agent from this transaction at any time. in the of termination of your agency ion,the panics shall pay your
<br /> fees,charges and any expenses incurred,which shall be deducted from any and all deposits made to escrow.
<br /> 10. Conflicting Instructions
<br /> No notice,demand,or change of these instructions shall be in effect unless given in writing. Should you before or after close of escrow receive or become
<br /> aware of any conflicting demands or claims with respect to this escrow of the rights of any of the parties hereto,or any money or properly deposited herein or
<br /> affected hereby,you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction,and you shall have
<br /> the furiber right to commence or defend any action or proceedings for the determination of the conflict as provided in paragraphs 7 and 8 of these General
<br /> Provisions. The parties hercto Jointly and severally agree to pay all costs,damages,judgments and expenses,including reasonable attorney's fees,suffered or
<br /> incurred b you in connection with or arising Y Y out of this escrow,$ a including,but without limning the generality of the foregoing,a suit in Intccpleader brought
<br /> by you. In the event you file a suit in interpleader you shall be Fully released and discharged from all obligations imposed upon you in this escrow.
<br /> 11. Purchase Contract
<br /> Notwithstanding the fact that you may have been provided with a copy of the Purchase Contract in relation to subject property for information purposes,your
<br /> liability to the undersigned is limited solely to your compliance with these instructions,and any modifications hereto given in writing prior to close of escrow;
<br /> and any policy of title insurance issued in connection herewith naming the undersigned as an insured.
<br /> The undersigned acknowledge that you,as escrow holder,are not charged with the responsibility of interpreting the provisions of any contract which may be the basis
<br /> for.this transaction,or making any disclosures relative to such provisions,or otherwise,even though you may have been provided a copy of suchcontract for
<br /> information purposes. Your liability as escrow holder is limited solely to your compliance with these instructions and any supplements, addendums and
<br /> amendments thereto delivered in writing.
<br /> 12. Funds Retained In Escrow
<br /> If for any reason, funds arc retained or remain in escrow more than 90 days unci closing date,you arc to deduct doerefrom a reasonable monthly charge as
<br /> custodian thereof of not less than 525,00 per month. Instrunten(s that arc not negotinicd within six month,, are considcrcd sinicdnic arul arc considered to be
<br /> held in escrow and arc subject to the fees described above to be assessed front the date of the imtrumcul.
<br /> 13. Usury
<br /> You are not to be concerned with any question of usury in any loan or encumbrance involved in the processing of this escrow and you are hereby released of
<br /> any responsibility or liability therefore. Furthermore,ontwi(hslanding the Note has been executed,you are authorized to insert the actual date of recording in
<br /> all(Votes as to the commencement of interest and due date of the first payment,unless otherwise instructed.
<br /> 14. Indemnity for Attorneys Fecs and Costs
<br /> in the event suit is brought by any party to this escrow, including the title company or any other party, as against each other or others, including the lifle
<br /> company, claiming any right they may have as against each other or against the title company, [lien in that event, the parties hereto agree to reimburse,
<br /> indemnify and hold harmless the title company from and against any loss,attorney's fees,expenses and costs incurred by it.
<br /> 15. Destruction of Documents
<br /> You are authorized to destroy or otherwise dispose of any and all documents,papers,instructions,correspondence and other material pertaining to this escrow
<br /> at the expiration of seven years from the close of escrow or cancellation thereof,without liability and without further notice to parties to the transaction.
<br /> 16. Supplemental Taxes
<br /> Supplemental tax bills,when issued and posted,may not be immediately available;therefore,there may be a gap in firma where(lie bill inay be posted but we
<br /> would not have knowledge of it. Therefore,in the event a supplemental tax bill is issued by the County Tax Collector aver the dale of the above mentioned
<br /> preliminary title report or after the close of escrow and transfer of title,ihe undersigned attics agree to handle an ad ustment which mi (d result from such
<br /> su Ip ep nxnia!tax bill directly between themselves.
<br /> 17. Amendment to Escrow Instructions and Counterpart Approval
<br /> Any amendment or supplement to these escrow instructions, amendments and supplements must be in writing. Collectively, these escrow instructions
<br /> conslitute the entire escrow between the escrow holder and the parties. 'These escrow instructions,amendments and supplements may be executed in one or
<br /> more counterparts each of which independently shall have the same effect as if it were the original,and all of which taken together shall constitute one and the
<br /> same instructions.
<br /> I$. Agreement of Co-Operation(Unjust Enrichment)
<br /> in the event that any party to this escrow receives funds or is credited with funds that they arc not entitled to, for whatever reason,they agree,upon written
<br /> demand,to return said funds to the proper party entitled or to the escrow for disbursement. In the event that suit is brought to enforce the return of said funds,
<br /> the parties agree to reimburse the prevailing party their reasonable attorney fees.
<br /> 19. Escrow Responsibility
<br /> We understand that Escrow is acting under this Agreement as a depository only and its sole responsibility shall be to comply with the written instructions given
<br /> In and accepted by.Escrow under this Agreement. Your duties under this Agreetmenl shall be limited to the safekeeping of money, instruments, or other
<br /> documents received by you as the Escrow Agent,and for the disposition of the money,instruments or other documents received by you in accordance with the
<br /> instructions contained in(his Agreement, Escrow shall have no duty,obligation or responsibilily to undertake any of(he following actions: (a)to inquire into
<br /> the sufficiency,correctness,genuineness,form,substance,manner of execution,validity or enforceability of any document;(b)to inform either Seller or Buyer
<br /> of any facts which Escrow may have acquired outside the transaction between Seller and Buyer;(c)for any loss suffered by either Seller or Buyer attributed to
<br /> k defects in the Title to the Real Property except for a loss caused by Escrow's failure to obtain the required Title insurance or Title coverage.
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<br /> 20. Faxrreleeopy Instructions
<br /> In the event Borrower(s)or Lender utilize"facsimile"transmitted signed documents,Borrower hereby agrees to accept,and instructs the Escrow Holder to rely
<br /> upon such documents bearing the original signatures. Borrower hereby acknowledge and agree to provide to Escrow Holder the original documents(Ilia(have
<br /> been sent via FAX)within 72 hours of Transmission. Borrower(s) further acknowledge and agree that documents necessary for recording by the County
<br /> Recorder must be original signatures,and therefore,noxi receipt of the original documents to record can delay the close of escrow.
<br /> 21. Copy Quality
<br /> Any copies provided to us from the County Recorder are the best available copies andAlliance Title Company is relieved from any liability or responsibility
<br /> for the clarity of the copies.
<br /> 22. Application of Payoff Funds
<br /> Shbuld a check or wire be deemed unacceptable by lenders,creditors,lien holders or beneficiaries of Deeds of Trust,you arc authorized lo'act on our behalf iii
<br /> requesting the funds,as well as any balance in an impound account,be applied towards the balance due.
<br /> Although time is of the essence in these instructions,they shall be effective until revoked by written demand and authorization satisfactory to you.
<br /> Supplemental Instructions
<br /> Insert any additional instructions/clauses here,if any-OR DELETE THIS&Supplemental Instruction title above
<br /> Alliance Title Company is specifically directed to follow these instructions only and has no responsibility to follow the terms of any prior
<br /> t agreements entered into between the parties herein. It is agreed and understood that these Escrow Instructions shall be the whole and only
<br /> t agreement between the parties with regard to the instructions to,and obligations of, Alliance Title Company, and shall supersede and cancel any
<br /> r. prior instructions. The undersigned parties jointly and severally agree to hold Alliance Title Company harmless from and against any and all
<br /> k" damages or liability,therefore,loss,costs,charges,attorneys'fees or other expenses which Alliance Title Company shall or may at any time suffer,
<br /> t.
<br /> sustain or incur by reason of or in consequence of complying with the foregoing instructions,
<br /># Although time is of the essence in these instructions,they shall be effective until revoked by written demand and authorization satisfactory to you,
<br /> or as defined in paragraph#9 of these General Provisions.
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