HomeMy WebLinkAboutFISCHER, EDDIE R. ET ALTHE CITY OF SANTA ANA, CALIFORNi. A-2002-045
AGREEMENT FOR ACQUISITION OF
REAL PROPERTY AND ESCROW INSTRUCTIONS
THIS AGREEMENT, entered into this'0 day of AA I L. , 200'2� by and between the CITY OF
SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the
State of California (hereinafter referred to as the"City"), THE FISCHER FAMILY TRUST ESTABLISHED
JANUARY 24,1975 AND THE EDDIE R. FISCHER GRANDCHILDREN'S TRUST ESTABLISHED
DECEMBER 31, 1992 (hereinafter called "Seller"), regardless of number or gender;
WITNESSETH
For and in consideration of their promises, covenants and agreements hereinafter set forth, and subject to the
terms, conditions and provisions hereinafter set forth, Seller agrees to sell to City, and City agrees to
purchase from Seller, all that certain real property (hereinafter referred to as "said real property") described
as follows:
All that certain real property located in the State of California, County of Orange, City of Santa Ana,
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
(Commonly known as 2400 East 17" Street, Santa Ana, CA)
Said sale and purchase of said real property shall be in purchased by City in its "as -is" condition and in
accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and
provisions, to wit: ,
1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office
of First American Title Insurance Company, 2 First American Way, Santa Ana, California, within thirty (30)
days from and after the date on which the City has approved this Agreement.
2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise expressly
provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all
conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances,
liens, leases, clouds or defects in title except those exceptions shown in Paragraph 14 below. Seller hereby
warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as above
provided. Seller further agrees that acceptance by City of any deed to said real property, with or without
knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation,
encumbrance, lien, lease, cloud or defect in title, shall not constitute a waiver by City of its right to the full
and clear title hereinabove agreed to be conveyed,by Seller to City, nor of any right which might accrue to
City because of the failure of Seller to convey title as hereinabove provided.
(b) Seller does hereby convey to City a temporary construction easement as described in greater detail in
Exhibit "B" attached hereto and by this reference made a part hereof.
3. Title Insurance. Seller agrees to deliver to City, concurrently ,vah the conveyance of said real
property to City, within the time and at the place hereinabove specified for said conveyance of said real
property, a policy of title insurance to be issued by the above mentioned title company, with the City therein
named as the insured, in the amount 'of One Hundred Eighty Five Thousand Dollars And No/100
($185,000.00), insuring the title of the City to said real property is free and clear of any and all conditions,
restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances, liens,
teases, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take
subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the
requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is
herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights
which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as
required in this Agreement.
4. Escrow. City agrees to open an escrow at the office of First American Title Insurance Company, 2
First American Way, Santa Ana, California, (the Escrow Agent) within five (5) days from and after the date
on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of
the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon
the opening of the escrow.
The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of
this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein
by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this
Agreement, shall carry out its duties as Escrow Agent hereunder.
City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer
taxes, recording fees, cost of title insurance, reconveyance fees, document preparation fees, escrow fees and
any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of
bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil
Code Procedures Section 1265.240.
The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed
upon it under Section 4, Section 6, Section 11 and Exhibit "C" of the General Provisions of this Agreement.
5. Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within
which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and
paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of
California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of
the State of California for that portion of property taxes on said real property for said fiscal year which have
been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that
portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded
and made uncollectible if unpaid by reason of Section 4986 of the Revenue and Taxation Code of the State of
California. All unpaid taxes on said real property for any and all years prior to the fiscal year within which
said conveyance is made shall be paid by Seller before conveyance of said real property to City.
6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and
for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty),
goodwill (if any), severance damages, and relocation claims pursuant to Government Code §7260 et seq. , the
total sum of One Hundred Eighty Five Thousand Dollars ($185,000.00). City agrees to deposit said purchase
price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City
2
has approved this Agreement, and the Escrow Agent is hereby authorized to fray the same to Seller upon and
after:
(a) Conveyance of said real property by Seller to City as hereinabove provided;
(b) Acceptance by City of a Grant Deed conveying said real property to City;
(c) Delivery to City of the policy of title insurance as hereinabove provided;
(d) Recordation of the Deed conveying said real property to City.
Escrow to close no later than sixty (60) days after signing of agreement by City.
7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City
is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all
personal property.
8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the
part of Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant
or agreement nor a waiver of any breach of any other covenants or agreements contained herein.
9. Heirs, Assigns, Etc. This Agreement, and all the terms, covenants and conditions hereof, shall apply
to and bind the heirs, executors, administrators, successors and assigns of the respective parties hereto.
10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder
to be made, time is and shall be of the essence.
11. Permission to Enter on Premises. Seller hereby grants City, and its authorized agents, permission to
enter upon said real property at all reasonable times prior to close of escrow for the purpose of making
necessary inspections. City shall indemnify the Seller against and hold harmless from any loss of or damage
to the property or injury therein associated with the proposed construction found to be caused by City's or
City's contractor's negligence.
12. Just Compensation_ . Seller acknowledges and agrees that said purchase price is just compensation at
fair market value for said real property and includes any and all fixtures and equipment, goodwill (if any) and
severance.
13. Notices. The mailing address .of the City of Santa Ana is 20 Civic Center Plaza, M-22, P.O. Box
1988, in the City of Santa Ana 92701, County of .Orange, State of California. The mailing address of the
Seller is:
2020 E. Orangethorpe Avenue
Fullerton, CA 92631
14. Exceptions. City agrees to accept title to said real property subject to the following:2,3,4,5,G,7 9 and
11 of that certain First American Title Company Litigation Guarantee dated October 19, 2001.
15. Entire Agreement. It is mutually agreed that the parties hereto have herein set forth the whole of their
Agreement. Performance of this Agreement by_ City shall lay at rest, each, every and all issue(s) that were
3
raised or could have been raised in connection with the acquisition of said re«x property by City.
16. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant,
occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous
waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or
transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about,
or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material"
shall mean any substance, material, or waste which is or becomes regulated by any local governmental
authority, the State of California, or the United States Government, including, but not limited to, any material
or substance which is (i). defined as a "hazardous waste", "extremely hazardous waste", or "restricted
hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as
"hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter
6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material",
"hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code,
Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter
6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated
biphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to
Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a
"hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C.
S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et
sue. (42 U.S.C.. S9601).
17. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with
all applicable Iaws and governmental regulations including, without limitation, all applicable federal, state,
and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental
matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid
Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and
ordinances of the city within which the subject property is Iocated, the California Department of Health
Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the
Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus.
18, Indemnity. Seller agrees to indemnify, .defend and hold the City harmless from and against any claim,
action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense
(including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence,
release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or
the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of
any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or.about, to or
from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty,
punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal
injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost
wages, business income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the enviromnent). This
4
indemnity extends only to liability created prior to or up to the date this e5,_.iw shall close. Seller shall not
be responsible for acts or omissions to act post close of this escrow.
19. Contingency. It is understood and agreed between the parties hereto that the completion of this
transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the
City herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
20. Modification and Amendment. This Agreement may not be modified or amended except in writing
signed by the Seller and City.
21. Partial Invalidity. Any provision.of this Agreement that is unenforceable or invalid or the conclusion
of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect,
but all the remaining provisions of this Agreement shall remain in full force.
22. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for
convenience only and are not to be considered in construing this Agreement.
23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
24. No Reliance By One Party On The Other. Each party has received independent legal advice from its
attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof.
The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party based
upon any attribution to such party as the source of the language in question.
25. No Third Party Beneficiary, This Agreement is intended to benefit .only the parties hereto and no other
person or entity has or shall acquire any rights hereunder.
26. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and
deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do
such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this
Agreement, without cost.
27. Applicability of Agreement To Assignees. This Agreement shall be binding upon and shall inure to the
benefit of the successors and assigns of the parties to this Agreement.
28. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow
has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the
event that such authority or power is not, in fact, held by the signatory or is withdrawn.
29. I_neorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
30. Release. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State
of California are hereby waived. Civil Code section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if ,.town fly him must have
materiaiiy affected his settlement witil tile debtul--;'
Notwithstanding the provisions of Civil Code section 1542, Seller hereby irrevocably and
unconditionally releases and forever discharges the City and each and all of its officers, agents, directors,
super -visors, employees, representatives, and its successors and assigns and all persons acting by, through, under,
or in concert with the City from any and all charges, complaints, claims, and liabilities of any kind or nature
whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which
Seller at any time heretofore had or claimed to have or which Seller at any time hereafter may have or claim to
have, including, without limitation, any and all claims related or in any manner incidental to this transaction,
except to the extent of any violations by the City of any environmental laws after close of escrow.
The parties have executed this Agreement as of the last date written below.
The Fischer Family Trust established January 24, 1975
Eddie R. Fischer, Trustee
The Eddie R. Fischer Grandchildren's Trust established December 31, 1992
Eddie R. " Fischertru"s'te'e
CITY OF SAN TA A
BY:
City Manager
ATTEST:
/V
1"X
Patricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
BY:
Jos 6 Sandoval
Senior Assistant City
Dated "Z- - - z),-,)—
-N
-HUITT-ZOL,LARS
Hula-Zoilars, tr.o.1 15101 Rid Hill Avenue 1 Tustin, California 92780.65001 Rhone (714) 259-79001 Fax (714) 259.0210
10-0796-01(A)
10-04-00 '
LEGAL DESCRIPTION
A. P. NO.400-211-07
That portion of Parcel 2, in the' City of Santa Ana, County of Orange, State of California,
as shown on the map filed in Book 92, Page 34 of Parcel Maps, in the office of the
County Recorder of said County, described as follows:
Beginning at the most Northerly Northtivest comer of said Parcel 2; thence South 0°28'53"
West 15.74 feet along the Westerly line of said Parcel 2; thence leaving said Westerly line
South 8738'17" East 96,18 feet; thence South 52148'07" East 43.50 feet to the Easterly'
line of said Parcel 2; thence along said Easterly line and the Northerly line of said Parcel
2, the following courses: North 19 V05" East 29.53 feet, North 43°28'55" West 18.38 '•
feet and North 88°28'55" West 118.79 feet to the point of beginning.
Containing an area of 0.059 acres, more of less.
Subject to covenants, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
3AMES L. GARVIN, LS 6343
LPL LAN4
o
NO, 6343 0
EXP. 12131/2002
1*
PF CAL1F
EXIBIT "All
it
PAGE 1 OF 2
. rr.'tus�vi0-0796-a1�stZ[1.07ijlggm
Oa!las [Fort Work I Houston I Et Pass I Phcenix I Tustin 1 Ontario/ Albuquerque 1 Saaltla / Tacoma I Denver
j
PIN
� 77TH STREET — —
P.O.E.
MOST NIL H. W.
CORNER PARCEL. 2
N832855"W n 118.79'
. a 059 ACRES
N8738'17"W 96.1S'. -
' N
�,J JJ��a
Vi
Rr}rIU�E' J II
ai
�pL L�Np
�a
NO. 6343
EXP. 12/31 /2002
t
f fi
A.P. NO. 400 211-07'
MOST N'L Y N. E
CORNER PARCEL 2
N43 28'S5 "W
18.38'
No *31'05",E
29.53'
I
,Q,
w
w
I
�l
U
SKETCH TO ACCOMPANY SCALE 1 " = 40,
HUITT �ZO
L LEGAL DLSCRIP770N DRAYrf! BY Uk V\j MpD
Hutt--ZoUzr s, Inc. 17 TH S TREE T CHECKED BY AG
15101 Red Hill Avenue, Tustin, CA 92780
A.P. NO. DAT: 10-4--2000
A?PROvfv BY J{ NO.
4 0-�?11-07 �nn�Qsn�
—�..'—_ �--------- -Is -.. �� �Q�� � �� n L G. 110079501 `EX079608.0WC
EXHIBIT A
MWOUM"t
`i L lvlpulki-uZ Y CW. 6 1 j< U L'i luN L, :�. LMLiV i
17th STREET AND TUSTIN AVENUE
For valuable consideration, the undersigned owner(s) hereby grants permission to the City of Santa Ana, its
officers, employees, agents, invitees, and employed contractors, hereinafter collectively referred to as City,
to enter upon, to pass and repass over and along that portion of its land described and shown on the Exhibit
attached hereto and by reference made a part hereof, for the purpose of providing access and working area for
the construction of the street widening of 17' Street and Tustin Avenue; to enter upon, to pass and repass
over and along said land and to deposit tools, implements, vehicles, construction equipment an other
materials thereon by said City and by persons under contract with it and their employees, whenever and
wherever necessary for the purposes set forth.
This permission is granted subject to the following conditions being fulfilled by City:
(A) Upon completion of street widening work, all surface improvements shall be restored to the
same general conditions as existed prior to the beginning of said construction work.
(B) City shall indemnify the undersigned against and hold the undersigned harmless from any loss
of or damage to any property, or injury or death of any person whomsoever, proximately
caused in whole or in part by negligence of City or by any act or omission for which the City
is liable in the exercise of the rights herein granted.
It is understood that the period of use of said easement shall exist for a period of no more than 6 months and
shall commence with the first entry on owner's property by City's contractor. In the event said actual use
extends beyond prescribed period of time and said use is verified through the City's contractor log, the City
shall pay the owner at the rate of $640.00 per month prorated to the actual date said actual use terminates.
This easement shall become null and void and shall terminate upon completion of said construction and in
any event shall cease and terminate not later than December 31, 2002.
Dated: "2 'k
Owner: The Eddie R. Fischer Trust established January 24, 1975 as restated and The Eddie R. Fischer
Grandchildren's Trust established December 31, 1992
Eddie R. Fischer, 'trustee
APPROVED AS TO FORM:
BY .
,s Sandoval
Senior Assistant City Attorney
The City of Santa Ana, a charter city and
Municipal corporation duly organized and
existing under i� e constitution and laws of
The State,b`f CW'ifoi ma"
BY:
W
- HUITf-ZOLINtS
Huitt-Zoflars, Inc./ 15101 Sad Hilt Avanue 1 Tustin, California 927M65001 Phone (714) 259.79c01 Fax (714) 259-0210
10-0796-01(A)
10-04-00
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION
A. P. NO.400-211-07
That portion of Parcel 2, in the City of Santa Ana, County of Orange, State of California,
as shown on the map filed in Book 92, Page 34 of Parcel Maps, in the office of the
County Recorder of said County, being a strip of land, 10.00 feet in width, the Northerly
and Northeasterly line of said strip being described as follows:
Commencing at the most Northerly Northwest comer of said Parcel 2; thence South
0°28'53" West 15.74 feet along the Westerly line of said Parcel 2 to the TRUE PONT
OF BEGINNING; thence leaving said Westerly line South 87°38'17" East 96.18 feet;
thence South 52°48'07" East 43.50 feet to the Easterly line of said Parcel 2.
The Southerly and Southwesterly lines of said strip to be lengthened or shortened so as to
originate in said Westerly line of Parcel 2 and to terminate in said Easterly line of Parcel
2.
Subject to covenants,, conditions, reservations, restrictions, rights of way and easements,
if any, of record.
CI.���13AMRr�LGARVIN, LS 6343
EXHIBIT "B"
PAGE 1OF2
10 5 t. G erG
NO. 6343 0
EXP. 12/31/2002 x
9TF OF CAt1FOR
rm'tus l0.0796-011t1tc311.071jlgAm
Dallas I Fort Worth 1 Houston 1 Ei Paso I Phoenix 1 Tustin I Ontario 1 Albuquerque 1 Seattle 1 Tacoma J Denver
wto
�a
c�
P.O.C.
MOST N'LY N. W
CORNER PARCEL 2
T.P.O.B. --
� 47TH S TRF'FT
N8828'55"W 118.79'
• N87;38'17"W
O.032 ACRES
96.18'
d
r2�
A.P. NO..400211-07
MOST N'L Y N. E.
CORNER PARCEL, 2
N43 28'55"W
18.38'
vul 0- H�
N0J 3J'05"E
29.53' ..
Zi _
w
1.allo
NO. 6343 0
°- EXP. 12/31/2002 For reference only,
Exhibit "B"
f OF CA,,%4
N
0.
w
SKETCH TO ACCOMPANY scA4.e " 40'
H
UITT—ZOL�D LEGAL DESCRIP77ON CRAKH eY MPp
Hu'R-Zc4ama hc. a �' TEMPORARY CHECKED BY "Lc
15M Red H111 Avema, Turtih, CA 92780
(714) 250-75;00 CONSTRUCTION 10-4-2000
.SPA 0 _il BY 4 w f�■ / A
EXHIBIT ""B"" PAGE 2 OF 2 c: \Jo079soJ\Exo7ssJ�R.owc
EXHIBIT "C:'.
GENERAL ESCROW PROVISIONS
All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in
one or more of your general escrow accounts with any bank doing business in the State of California and may
be transferred to any other general escrow account or accounts. The expression "close of escrow" means the
date on which instruments referred to herein are filed for record. All adjustments are to be made on the: basis
of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in
the issuance of a policy of title insurance called for, is hereby authorized.
There shall be no prorations of any existing insurance policies in this escrow.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the
attorney or attorneys involved in this transaction upon request of such Ienders, brokers or attorneys.
Should you before or after close of escrow receive or become aware of any conflicting demands or claims
with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited
herein 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 the further right to commence or defend any
action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to
pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by
you in connection with, or arising out of this escrow, including, but without limiting the generality of the
foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso
facto be fully .released and discharged from all obligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly
charge as custodian thereof of not less than $10.00 per month.
Time is declared to be the essence of these instructions. If you are unable to comply within the time specified
herein and such additional time as is required to make an examination of the official records, you will return
all documents, money or property to the party entitled thereto upon satisfactory written demand and
authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller
agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof.
These, escrow instructions, and amendments hereto, may be executed in. one or 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 same instruction.
10