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08/11/2003 10;3o FA% 541 485 0307 CASCADE TITLE <br /> 004 <br /> i 08/08/03 .TOINT ESCROW INSTRUCTIONS - ESCZ'OW No: EU03-0609 <br /> ~ PAGE: 3 OF 4 <br /> ercumbrances or any other rights, claims or matters known to Huyer 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 sae for any reason improperly or mista]cenly <br /> released to buyer or Seller and (3j 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 /> the terms of these escrow instructions_ <br /> You are to have no liability oz' responsibility with respect to any matters <br /> connected with the following (unless --rreasly authorized herein)(1) compliance <br /> with requirements of the Consumer Credit Protection Act or Inter-State T,and <br /> Sales Act, or eimiliar laws; Compliance wick the requirements of oregon <br /> Revised Statutes 537.330 (related to water rights), Oregon Revised Statutes <br /> <br /> ' 537.788-793 <br /> (Z'elated to well information), and any similar laws; (3) Title <br /> tO anY personal pope=-cy, yr encumbrances thereon, including but not <br /> limited to, personal property taxes, sales tax, instruments filed under the <br /> Uniform Commercial Code, water rights, or leased equipment on premises; (4) <br /> Forgeries ox false personations of any person or party in connection with these <br /> instructions or this escrow; (5) Fire Insurance and any other insurance <br /> coverage; Seller and Buyer agree that such coverage will be provided for outside <br /> this escrow; (6) The effect of zoning ordinances; (7) Any law regarding land <br /> division; (8) Any sums than may become due because of disqualification of the <br /> property qualifying for deferred taxes or other deferred liens. <br /> Cascade Escrow assumes no liability or responsibility for verification of the <br /> nationality or foreign status of any traAeferor/seller in tk~.is transaction and <br /> has no responsibility for the collection, withholding, reporting or payment of <br /> any amounts due under Section 1445 and 60390 of the Internal Revere <br /> amended, and regulations adopted thereunder ue Cvde, as <br /> j" Escrow is not the agent of the parties forompurposesllvf FsuchAlaw Cared/or <br /> regulations and Cascade Escrow has made no representation concerning the effect <br /> of such law and/or regulation on any party to this escrow. Any determination of <br /> whether the withholding or payment of any tax is due pursuant tv such law <br /> and/or regulation shall be made by the parties outside of Escrow and Cascade <br /> Escrow hereby advises each. party to contact his or her attorney or tax advisor <br /> regarding any quest-ions on the applicability of such law and/or regulation to <br /> to this transaction_ Notwithstanding the fact t2~at" Cascade Escrow assumes no <br /> liability or z~esponsibililty to the parties for compliance with Section. 1445 <br /> sand 60390 of the Internal Revenue Code and regulations adopted thereunder <br /> (commonly called FIRPTA) Cascade Escrow reserves the right to take any action <br /> required of it by said law and/or regulation without further instruction by <br /> by the parties to this escrow_ <br /> In the event any dispute arises between Huyer and Seller concerning the property, <br /> documents, ar funds covered by these instructions, Cascade Escrow may at its <br /> election (1) hold all matters in their existing status pending resolution of <br /> such dispute or, (Z) join or commence a court action and in such action deposit <br /> the funds and documents referred to herein with the court where such action is <br /> pending, and asK the court to determine the rights of Huyer and Seller in and to <br /> such property, documents and funds. In the event of such dispute and Cascade <br /> Escrow's election of either alternative described above, Cascade Escrow shall <br /> have no Further duties or obligations under this agreement other than either to <br /> hold such funds and documents until Huyer and Seller have resolved their dispute <br /> or to deposit such funds and documents into court_ <br /> In the event any suit or action is brought by Seller, Huyer, Cascade .Escrow or <br /> any of them to enforce this agreement or to resol~re any dispute between or among " <br /> Huyer, Seller and Cascade Escrow, including a suit for declaratory judgement, " <br /> the prevailing party shall be entitled to recover all expenses; costs and <br /> reasonable attorney's fees incurred in connection with such. suit or action <br /> at trial, on appeal, on any petition for review, and in any arbitration or <br /> administrative or bankruptcy proceeding_ <br /> We have. <br /> been specifically informed that Cascade Escrow is not licensed to <br /> practice law and no legal advice has been offered by Cascades Escrow or any of <br /> its employees_ We have been further informed that Cascade Escrow is acting only i~ <br /> as an escrow holder and is forbidden by law to offer any advice to any party <br /> respecting the merits of this transaction or the nature of the instruments <br /> _ <br /> _ <br /> <br />