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Agenda Packet_2022-11-01
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Agenda Packet_2022-11-01
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Agenda Packet
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11/1/2022
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Pursuant to State La%%. prior to the close of escrow. Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report In the <br />event said report is not handed to Escrow I lolder for suhnlissiora to the ('ourat) in which stihject property is located. upon recording of the (irant <br />Deed. Buvers acknowledge that the applicable tee ++ill be assessed b+ "aid COnni+ and Escrow i loldcr shall debit the account of Buyer tier "arm at <br />close of escl-cm. <br />16. NON-RESIDENT ALIEN <br />file 1-oreign lm,c-,talent in Real Property 'I lt% Act (FIRPTA), Title 25 U.S.C.. Section 1445. and the regulations there under, provide in port, that a <br />transleree (bu)cr, of a U.S. real property interest from a foreign person must withhold a statutory percentage of the amount realized on the <br />disposition, report the transaction and t-cmit the withholding to the Internal Revenue Service (IRS) within twenty (20) days after the transfer. <br />Fidelity National Title Company will not determine not- aid in (lie determination of whether the FIRPTA withholding provisions are applicable to <br />Elie subject tnmscretion, nor act as a Qualified Substitute under state or 11cder:ll law, nor furnish tax advice to arly party to the transaction. Fidelity <br />s'niiomd Title Compam ++ill not determine nor aid in the determination of whether the traatSaCliOn ++ill qualify lilr in reception or an e\L'ml�tion <br />and is not responsible ]or the filing of any tax forms with the IRS as they relwe to FIRPIA, nor responsible liar collecting and holdirz of any <br />dOCIIanCntatiOrl from the btu er or seller oil the bu)-er's behalf for the purpose of suppul-ting a claim ofan Oweption or exemption. Fidelity National <br />Title C ompan) is not an agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the seher in the <br />subject transaction is a U.S. citizen or resident alien. Fidelity National Title Company is not responsible for the payment ofthis lax and/or penalty <br />and/or interest invurred in connection thereti%ith and such taxes are not a matter covered by the Owner's Policy of"I'ille Insurance to be issued to the <br />buyer. Fidelity National Title Company is not responsible for the completion of any IRS documents or related forms related to the referenced <br />statute lie htn'cr is advise{I: the) roust independently make a dcteaminalion ol' �%hailer the contemphited transaction is subject td the n ithholding <br />reCluirenlent: hear full fur compliance with the c+ithha,lding requirement it' applicable and/or liar pa)menl of arty tux. iorCrest, <br />penultic; and Or ether cxpcn.c.> that ma+ be due on the Subject traruartion_ and €he+ are responsible liar the completion of an) and ,dl forms. <br />including. bin noa limited It) applicable IRS docunlentatton, and the in.dling of those forms. The Ru)cr is advised any lbrsns, documents. or <br />information recci+ed from Fidelity National Title Company is not tax or legal udvicc fund s1101.11d not be construed as such nor treated its a <br />complete representation of FIRPTA requirements. Buyer should seep: outside counsel from a qualified inclMdual to determine any and all <br />implications of the referenced statute. <br />17. ENCUMBRANCES <br />Escro+t Holder i,, to act upon uny statement, furnished h+ a henholeirc or his agent without liabilil+ or responsibility for the accurac+ of "Licit <br />statements. Am atkjustnents necessan 11CCAlSe of a discrepancy hemeen the inli�rmation furnished Eserow holder and an) alnutiM later <br />determined to he correct shall he settled hew,:,:n the parties direct and otuside ofcscrow. <br />You are authorized. without the need for further approval. to debit my account for any fees and charges that I have agreed to pay in connection w ith <br />this escrow, and for (in\ amounts that l ant obligated to pay to the holder of any lien or encumbrance to establish the title as insured by the polio) of <br />title insurance called for in ttaesc insti-uctions. If for any reason my account is not debited for such amounts at the time of Closing• I agree to pay <br />them inunediatcic upon &Wdnd. or to reimburse any other person or entity who has paid them. <br />IS. ENVIRONNIENTAL ISSUES <br />f idelih. National Title Company has made no investigation concerning said property as to environinenttl/toxic haste issues. An) clue cfiligertce <br />required or needed to determine environmental impact as to forms of tosification. i1• applicable. will be done directly and by principals Outside of <br />escroc+ Fidelity National Title Company is released of any responsibility and/or liability in connection therewith <br />19. USURY <br />Escrow Holder is not to be concerned with any questions 01' usury in alay loan or cncumbiance involted in the processing of this escrtm and is <br />hereby released ol'anv responsibility or liability therefore <br />20. DIyCLOSI RE <br />Escrow Holder's i.nowledge of mutters a1'ti:ciing the property, providrd such facts do not prevent compliance +pith these instructions. sloe, not <br />create :gym Iiabilit% or dut+ in addition to fhese instructions. <br />21. FACSIMILEIELECTRONIC SIGNATURE <br />Escrow Holler is herehv authorized and instructed theft. in the event an+ party utilizes electronic or'Tacsimile" transmitted signed dticl1nrent5 or <br />instructions to l scro�c I IOlder'. you are to rely on the same for all escrow instruction purposes and the closing of escrow us if they horn Original <br />signatures. "Faeelronir ")'it, <br />nmure means. as applicable. an electronic copy or signattu'e complying with California Law. <br />22. CLARIFICATION OF DUTIES <br />Fidelity National Title Company serves ONLY as ail Escrow Holder in connection with these instructions and cannot give legal advice <br />to any party hereto. <br />Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner gal' execution, or validitc of any <br />instrument deposited in this escrow. nor .as to the identit+. authority or rights of tin) person executing the same. l scro\% Holder's duties hereunder <br />shall br limited t,+ the proper handiing 01'suCh 11301ley and the proper N,IfckeepinL of such insu-umerib. or other documents received b+ G.crow <br />Holder and for the disposition of same in accordance with the written insu-ucliom iiCeepted by I.scro+c Holler_ <br />The agency ;tad dutiCS OI' Iserow [ ]older commence only upon receipt of COpies of these Escrow Instructions eNwiml by all parties. <br />General Provision. Prinked 1110001 12 00 AM tw J1, <br />City Council 7 — 14 11/1/2022 <br />
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