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Date: 111 T12022
<br />RE: Escrow No. 443T-LG
<br />escrow, you shall do so witho ut incurring any liability to any party. You shall not be liable 'or any of your acts or omission
<br />done in good faith nor for any claims, demands, lasses or damages made or suffered by any party to this escrow,
<br />excepting such as may arise through or be caused by you willful neglect or gross misconduct.
<br />28. (fi) Month period: Escrow holder agency shall terminate six (t) months fallowing the date last set forclosL of escrow and
<br />shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions_ Ifthis escrow was
<br />not closed or canceled within the described six (15) month period, you shall have no further obligations as escrow holder
<br />except to disburse funds and documents pursuant eo written escrow instrumens and to interplead cr otherwise dispose of
<br />funds and documents in accordance with a validly issued and validly served order from a court o` competent jurisdiction.
<br />If the conditions of this escrow have not been complied with w the expiration date in these escrow instructions, you are
<br />instructed to complete the conditions at the earliest passible date, unless Buyer or Seller have made written demand upon
<br />you for the return of the funds andlar instruments deposited by Buyer or Seller andfor for cancellation of this escrow.
<br />Should demands be made upon you, you may withhold and s.op all further proceedings in this escrow without liability for
<br />interest on funds held or for damages until mutual cancellation instructions signed by all parties shall have been
<br />deposited with you. The parties, jointy and severally, agree that, if this escrow cancels or is otherwise terminated and
<br />not closed, the parties shall pay for any casts and expenses which you have incurred or have become obligated for under
<br />these escrow instructions, including but not limited to, attorneys' fees and reasonable escrow fees for the services
<br />rendered by you, the parties agree that such costs and expenses shall be paid and deposited in escrow before any
<br />cancellation or other termination of this escrow is efiectivee The parties agree that said charges for expenses casts and
<br />fees may be unilaterally or bilaterally apportioned between Buyer and Seller in a mannerwhich, in your sole discretion,
<br />you consider equitable, in an amount not less than $250.01) and not greater than the amount of the entire escrow fee, to
<br />be determined by you, and that your decision will be binding and conclusive upon the parties_ Upon receipt of muwal
<br />cancellation instmaiians or a final order orjudgment of a court of competentjurisdiction wfth accompanying writs of
<br />execution, levies or gamishments, you are instructed to disburse the escrow funds and instruments in accordance with
<br />such cancellation instructions, order or judgment and accompanying writ and this escrow shall, wi.^houtfurther notice, be
<br />considered terminated and canceled_
<br />29. Parties shall cooperate: The parties shall cooperate with you in carrying out the escrow instructions they deposit wish you
<br />and completing this escrow. The parries shall deposit into escrow, upon request, any additional funds instruments,
<br />documents, instructions, authorizations, or other items that are reasonably necessary to enable you to comply with
<br />demands made on you by third parties, to secure policies of tile insurance, or to otherwise carry out the terms of their
<br />instructions and close this escrow. If conflicting demands or notices are made or served upon you, or any controversy
<br />arises between the parties or with any third parson arising out of or relating to this escrow, you shall have the absolute
<br />righ- -o withhold and stop all further proceedings in, and in performance of, this escrow until you receive written
<br />notification satisfactory to you of the settlement of the controversy by written agreement of the parties, or by the final order
<br />or judgment o` a court of competent jurisdiction_ All of the parties to this escrow, jointly and severally, promise to pay
<br />promptly on derrand, as well as to indemnify you and to hold you harmless from and against all administrative
<br />governmental investigation, audit and legal fees, litigation and interpleader costs, damages, judgments, attomeys' fees,
<br />expenses, obligations and liabilities of every kind (collectively 'costs") which in good faith you may incur or suffer in
<br />connection with or arising outof this escrow, whether said costs arise during the performance of or subsequent to this
<br />escrow, directy or indirectly, and whether at trial or on appeal- You are given a lien upon all the rights, tiles and interests
<br />ofthe parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and
<br />to indemnity and reimburse you. If the parties do not pay any fees costs or expenses due you under the escrow
<br />instructions or do not pay for costs and attomeys' fees incurred in any litigation or interpleader, on demand, they each agree
<br />to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether
<br />attorneys' fees are incurred before trial, at trial or on appeal_
<br />30. All Notices, demands and Instructions robust be in Writing: No notice, demand, instruction, amendment, supplement
<br />or modification to these escrow instructions shall be of any effect in this escrow until delivered in writing to you and
<br />mutually executed by all parties_ AS SET FORTH ABOVE, YOU HAVE NO DUTY TO AND SHALL NOT VERIFY THE
<br />SIGNATURES OF ANY PARTIES OR NON-PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO
<br />SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported oral instruction,
<br />amendment, supplement, modification, notice or demand deposited with you by the parties or either of them shall be
<br />ineffective and invalid. You are to be concerned only with toe directives expressly set forth in the escrow instructions,
<br />supplements and amendments thereto and are not to be concerned with nor liable for items designated as memorandum
<br />items in the escrow instructions.
<br />31. Authorized delivery of Escrow Instructions: Golden Coast Escrow, Ino_ is authorized to deliver copies of all escrow
<br />instructions, supplements and amendments, estimated and final closing statements preliminary title reports, and notices of
<br />cancellation, ifany, to the real estate broker(s), real estate sales agent(sj, Lender(s). Lenders agents) andlorattomeys(s)
<br />for the parties, upon the parties' oral or written request. =`ou shall not incur any liability to the parties for delivery of the
<br />copies.
<br />32. Cooperation by both parties: The parties shall cooperate with you in carrying out the escrow instructions they deposit
<br />with you and complet"ng this escrow. The parties shall deposit into escrow, upon request any additional funds,
<br />instruments, daeurren_s, i•,st- ct ons, authorizations, or other items that are reasonably necessary to enable you to
<br />comply with demands .-Wade on you by third parties, to secure policies of title insurance, or to otherwise carry out the
<br />Seller(s) Initials 7@27-
<br />page .,
<br />Buyer(s) Initials
<br />City Council 16 — 19 12/6/2022
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