GARNSEY CORP. - Laserfiche WebLink

Home Browse Search

Date: 2/24/2023 RE: Escrow No. 4484-LG or Seller have made written demand upon Escrow Holder for the return of the funds and/or instruments deposited by Buyer or Seller and/or for cancellation of this escrow. Should demands be made upon Escrow Holder, may withhold and slop all further proceedings in this escrow without liability for interest on funds held or for damages until mutual cancellation instructions signed by all parties shall have been deposited with Escrow Holder. The parties, jointly and severally, agree that, if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any costs and expenses which Escrow Holder has incurred or have become obligated for under these escrow instructions, including but not limited to, attorneys' fees and reasonable escrow fees for the services rendered by Escrow Holder, and the parties agree that such costs and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses costs and fees may be unilaterally or bilaterally apportioned between Buyer and Seller in a manner which, in Escrow Holders sole discretion, and consider equitable, in an amount not less than $250.00 and not greater than the amount of the entire escrow fee, to be determined by Escrow Holder, and that the decision will be binding and conclusive upon the parties. Upon receipt of mutual cancellation instructions or a final order or judgment of a court of competent jurisdiction with accompanying writs of execution, levies or gamishments, Escrow Holder is instructed to disburse the escrow funds and instruments in accordance with such cancellation instructions, order or judgment and accompanying writ and this escrow shall, without further notice, be considered terminated and canceled. 28. Parties shall cooperate: The parties shall cooperate with Escrow Holder in carrying out the escrow instructions deposited with Escrow Holder completing this escrow. The parties shall deposit into escrow, upon request, any additional funds instruments, documents, instructions, authorizations, or other items that are reasonably necessary to enable Escrow Holder to comply with demands made on Escrow Holder by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. If conflicting demands or notices are made or served upon Escrow Holder, or any controversy arises between the parties or with any third person arising out of or relating to this escrow, Escrow Holder shall have the absolute right to withhold and stop all further proceedings in, and in performance of, this escrow until Escrow Holder has received written notification satisfactory to Escrow Holder of the settlement of the controversy by written agreement of the parties, or by the final order or judgment of a court of competent jurisdiction. All of the parties to this escrow, jointly and severally, promise to pay promptly on demand, as well as to indemnify Escrow Holder and to hold Escrow Holder harmless from and against all administrative governmental investigation, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees, expenses, obligations and liabilities of every kind (collectively "costs") which in good faith Escrow Holder may incur or suffer in connection with or arising out of this escrow, whether said costs arise during the performance of or subsequent to this escrow, directly or indirectly, and whether at trial or on appeal. Escrow Holder is given a lien upon all the rights, titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnity and reimburse Escrow Holder. If the parties do not pay any fees costs or expenses due Escrow Holder under the escrow instructions or do not pay for costs and attomeys' fees incurred in any litigation or interpleader, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attomeys' fees are incurred before trial, at trial or on appeal. 29. All Notices, Demands and Instructions must be in Writing: No notice, demand, instruction, amendment, supplement or modification to these escrow instructions shall be of any effect in this escrow until delivered in writing to Escrow Holder and mutually executed by all parties. AS SET FORTH ABOVE, ESCROW HOLDER HAVE NO DUTY TO AND SHALL NOT VERIFY THE SIGNATURES OF ANY PARTIES OR NON-PARTIES UNLESS FURTHER WRITTEN ESCROW INSTRUCTIONS TO DO SO ARE RECEIVED AND THE ADDITIONAL ESCROW FEES ARE DEPOSITED. Any purported oral instruction, amendment, supplement, modification, notice or demand deposited with Escrow Holder by the parties or either of them shall be ineffective and invalid. Escrow Holder are to be concerned only with the directives expressly set forth in the escrow instructions, supplements and amendments thereto and are not to be concerned with nor liable for items designated as memorandum items in the escrow instructions. 30. Authorized delivery of Escrow Instructions: Golden Coast Escrow, Inc. is authorized to deliver copies of all escrow instructions, supplements and amendments, estimated and final closing statements preliminary title reports, and notices of cancellation, if any, to the real estate broker(s), real estate sales agent(s), Lender(s), Lenders agent(s) and/or attorneys(s) for the parties, upon the parties' oral or written request. Escrow Holder shall not incur any liability to the parties for delivery of the copies. 31. Cooperation by both parties: The parties shall cooperate with Escrow Holder in carrying out the escrow instructions they deposit with Escrow Holder and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items that are reasonably necessary to enable Escrow Holder to comply with demands made on Escrow Holder by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. All parties agree to provide Escrow Holder with a completed "Statement of Information" 7 days, after receipt of said form, as required by the Title Company providing the Title Insurance policies for this transaction. 32. Conflicting Instructions and Disputes: If Escrow Holder becomes aware of any conflicting demands or claims concerning this escrow, Escrow Holder shall have the right to discontinue all further acts on Escrow Holder's part until the conflict is resolved to Escrow Holder's satisfaction. Escrow Holder has the right at its option to file an action in interpleader requiring the parties to litigate their claims/rights. If such an action is filed, the parties jointly and severally agree (a) to pay Escrow Holder's cancellation charges, costs (including the funds held fees) and reasonable attorneys' Seller(s) Initials Buyer(s) Initials Page 7