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BANK OF AMERICA NATIONAL ASSOCIATION IN ITS CAPACITY AS TRUSTEE OF 7-ELEVEN EMPLOYEES' TRUST (2)-2008
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BANK OF AMERICA NATIONAL ASSOCIATION IN ITS CAPACITY AS TRUSTEE OF 7-ELEVEN EMPLOYEES' TRUST (2)-2008
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Last modified
1/3/2012 3:16:56 PM
Creation date
1/26/2009 12:35:52 PM
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Contracts
Company Name
BANK OF AMERICA NATIONAL ASSOCIATION IN ITS CAPACITY AS TRUSTEE OF 7-ELEVEN EMPLOYEES' TRUST
Contract #
A-2008-273
Agency
PUBLIC WORKS
Council Approval Date
10/6/2008
Notes
Permanent file and N/A on the insurance
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EXHIBIT "D" <br />GENERAL ESCROW PROVISIONS <br />A11 disbursements shall be made by Escrow's check or wire transfer. All funds received in this escrow <br />shall be deposited in one or more of your general escrow accounts with any bank doing business in the <br />State of California and may be transferred to any other general escrow account or accounts. The <br />expression "close of escrow" means the perfection of title as of the date on which the transferring <br />instruments referred to herein are recorded in the Office of the Orange County Recorder. All prorations <br />made during escrow are to be made on the basis of a 360-day year and a 30-day month. Recordation of <br />any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title <br />insurance called for, is hereby authorized. <br />There shall be no prorations of any existing insurance policies in this escrow. <br />Escrow Agent is to furnish a copy of these instructions, amendments thereto, closing statements and/or <br />any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers <br />and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or <br />attorneys. <br />Should Escrow Agent, before or after close of escrow, receive or become aware of any conflicting <br />demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or <br />property deposited herein and affected hereby, Escrow Agent shall have the right to discontinue any or <br />all further acts on its part until such conflict is resolved to its satisfaction, and Escrow Agent shall have <br />the further right to interplead the escrow to any Superior Court of competent jurisdiction, and to <br />commence or defend any action or proceedings for the determination of such conflict. The Parties hereto <br />jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable <br />attorney's fees, suffered or incurred by Escrow Agent in connection with, or arising out of this escrow, <br />including, but without limiting the generality of the foregoing, a suit in interpleader brought by Escrow <br />Agent. In the event Escrow Agent files a suit in interpleader, it shall ipso facto be fully released and <br />discharged from all obligations imposed upon it in this escrow. <br />If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable <br />monthly charge as custodian thereof of not less than $10.00 per month. <br />Time is declared to be the essence of these instructions. If you are unable to comply within the time <br />specified herein and such additional time as is required to make an examination of the official records, <br />you will return all documents, money or property to the party entitled thereto upon satisfactory written <br />demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. <br />The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. <br />These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of <br />which independently shall have the same effect as if it were the original, and all of which taken together <br />shall constitute one and the same instruction. <br />Page 12 of 12 _ <br />Seller's Initials ~~f/1 <br />
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