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r <br /> JOINT ESCROW INSTRUCTIONS - Escrow No: EU04-4230 <br /> 03/05/04 PAGE: 2 OF 4 <br /> closing statements. <br /> DOCUMENTS TO BE DELIVERED THROUGH ESCROW SHALL BE: the documents required to <br /> place title in the condition called for above, any documents referred to in the <br /> sections entitled "Existing Encumbrance(s)/Loan(s)" and/or "New Encumbrance(s)" <br /> and any other documents specified in these instructions. <br /> Buyer will cause to be delivered to you the funds and documents necessary for <br /> Buyer to comply with these instructions. Seller will cause to be delivered to <br /> you the funds and documents necessary for Seller to comply with these instruc- <br /> tions. When you are in receipt of said funds and documents, you are to record <br /> and/or deliver the documents and disburse the funds in accordance with these <br /> instructions and the attached closing statements. In modification of the <br /> foregoing, Buyer and Seller acknowledge that some lenders will not deposit loan <br /> funds into escrow until after recordation of documents. You are authorized to <br /> record documents deposited into the escrow prior to the lenders deposit of funds <br /> therein when you have been given instructions by the lender to record. In the <br /> event lender subsequently fails to deposit funds into escrow Buyer and Seller <br /> agree to execute and record all documents necessary to restore title to the <br /> premises to the condition existing prior to said recordings. Buyer and Seller <br /> each hold Cascade Escrow harmless from any failure to perform and release <br /> Cascade Escrow from any liability arising therefrom. <br /> The parties to this escrow acknowledge that they are aware of the governmental <br /> regulations which require that all funds deposited into escrow must be collected <br /> funds and available for withdrawal prior to the disbursement of escrow. All <br /> funds deposited to this escrow must be deposited in the form of a Cashier's <br /> Check, Certified Check or Wire Transfer. In the event of deposit of uncollected <br /> funds, Cascade Escrow is authorized and instructed to delay the closing of the <br /> escrow pending confirmation of the clearance of all deposits. <br /> All funds received in this escrow shall be deposited with other escrow funds in <br /> a general escrow account or accounts of Cascade Escrow with any State or <br /> National Bank, and may be transferred to any other such general escrow account <br /> or accounts. All disbursements shall be made by check of Cascade Escrow. If <br /> without agreement funds are retained or remain in escrow 6 months after close of <br /> escrow, you may deduct therefrom a $25.00 per month fee. <br /> The expression "close of escrow" means the date on which instruments referred to <br /> herein are recorded. <br /> Any documents that have been prepared by Cascade Escrow were so prepared at the <br /> parties direction and have been reviewed and approved as to terms, provisions, <br /> form and content by the parties. Cascade Escrow is authorized and instructed to <br /> insert dates and terms on instruments if executed incomplete in such particulars. <br /> At close of escrow, you are to deliver the documents, funds and other property <br /> delivered herewith to the persons entitled thereto. You are to furnish a copy of <br /> these instructions, amendments thereto, closing statements and/or any other <br /> document deposited in this escrow to the lender or lenders and/or the real <br /> estate agent or agents involved in this transaction upon request of such <br /> lender(s) or agent(s). <br /> <br /> . You will recordjfile the necessary legal instruments and you are then authorized <br /> to pay off such encumbrances of record as may exist at time of recording/filing <br /> such instruments, to permit issuance of said title policy as above stated and <br /> shall not be responsible for liens attaching after said date. Buyer and Seller <br /> hereby acknowledge that they have and shall have the continuing obligation of <br /> good faith in dealing with Cascade Escrow to enable Cascade Escrow to fulfill <br /> its responsibilities under this agreement. Such obligation of Buyer and Seller <br /> shall survive the closing of the transaction described herein and shall include, <br /> without limitation, the obligation to (1) disclose to Cascade Escrow any liens, <br /> encumbrances or any other rights, claims or matters known to Buyer or Seller <br /> which affect or relate to the property and transactions referred to in this <br /> agreement, (2) return to Cascade Escrow for proper disposition any funds, <br /> documents or other property which are for any reason improperly or mistakenly <br /> released to Buyer or Seller and (3) provide to Cascade Escrow all additional <br /> documents, funds and signatures necessary to fulfill these escrow instructions. <br /> To facilitate Buyer's and Seller's continuing obligation of good faith and <br /> cooperation to Cascade Escrow and to enable Cascade Escrow to fulfill it's <br /> obligations under these escrow instructions each of the undersigned hereby <br /> irrevocably appoint Cascade Escrow their attorney-in-fact to execute in their <br /> name and on their behalf such papers and documents as may be required to fulfill <br /> <br />