Real Estate Escrow Instructions

REAL ESTATE ESCROW INSTRUCTIONS

Parties and Escrow Agent

Buyer Name:    Seller Name:

WHEREAS Recitals

WHEREAS, Buyer identified above and Seller identified above (collectively, the Parties) have entered into a purchase agreement dated for the conveyance of certain real property located at (the Property);

WHEREAS, the Parties desire to deposit funds, documents and instructions with the Escrow Agent for the purpose of facilitating closing and recordation of transaction documents in accordance with the terms set forth herein.

Scope of Escrow Agent Duties

The Escrow Agent shall act as a neutral stakeholder and shall perform the duties described in these instructions and consistent with applicable law. The Escrow Agent's obligations are limited to the custody and disbursement of documents and funds and performance of administrative acts expressly set forth in these instructions.

Purchase Price, Deposits and Payment Terms

Purchase Price: $    Earnest Money Deposit: $

Payment Schedule:

Total Escrow Fee: $

Responsible for Escrow Fees: Buyer Seller Split as agreed

Late Payment Fee (if any):

Term and Termination

Escrow Commencement Date:    Anticipated Closing Date:

This escrow shall terminate upon disbursement of all funds and delivery of all documents as required by these instructions, or earlier by mutual written agreement of the Parties, or upon notice as provided below.

Instructions to Escrow Agent / Disbursement

The Escrow Agent shall hold all funds in a non-interest bearing account unless otherwise instructed in writing. Disbursement of funds shall be made only after the Escrow Agent has received:

If the Parties disagree as to entitlement to funds, the Escrow Agent may, at its option, retain funds pending joint written instructions, interpleader, or a court order, and the Escrow Agent shall not be liable for disbursement in accordance with such procedures.

Closing Conditions and Documents

The following conditions are required prior to disbursement and closing (check all that apply and provide details):

Title evidence acceptable to Buyer
Payoff statements and instructions for existing liens
Verified cleared funds deposited with Escrow Agent
Execution of deed, settlement statements and related closing documents

Prorations, Adjustments and Payoffs

Real property taxes, rents, assessments, utilities and other customary prorations shall be calculated as of the date of closing. Escrow Agent shall apply funds to satisfy payoffs and lien releases presented in proper form. Any disputed prorations may be retained in escrow pending resolution.

Confidentiality

The Escrow Agent and the Parties agree that information and documents exchanged solely for the purposes of closing shall be treated as confidential and used only for performance under these instructions, except where disclosure is required by law or by order of a court or governmental authority. The Escrow Agent may disclose such information to third parties to the extent necessary to effectuate closing or to comply with its legal obligations.

Indemnity and Limitation of Liability

The Parties agree to indemnify and hold harmless the Escrow Agent from any loss, liability or expense (including reasonable attorneys' fees) incurred in the performance of its duties hereunder, except for losses resulting from the Escrow Agent's willful misconduct or gross negligence. The Escrow Agent's liability shall be limited to direct damages and shall not include consequential, punitive or exemplary damages.

Governing Law

These Escrow Instructions shall be governed by and construed in accordance with the laws of the state of , without regard to its conflict of law principles.

Entire Agreement

These instructions, together with the purchase agreement and any exhibits attached hereto, constitute the entire agreement among the Parties with respect to the subject matter hereof and supersede all prior negotiations and agreements. Any amendment to these instructions must be in writing and signed by all Parties and the Escrow Agent.

Notices

Escrow Account / Wire Instructions

Bank Name:    Account Name:

Miscellaneous Provisions

If any provision of these instructions is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. The waiver of any breach shall not operate as a waiver of any subsequent breach.

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