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' .i.., vv rt~d. ~a41 485 oao7 CASCADE TITLE X004 <br /> JOINT ESCROW INSTRUCTIONS - Escrow No- EU03-0609 <br /> ~~08/08/03 <br /> PAGE: 3 OF 4 <br /> i <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 fuzzds, <br /> documents or other property which are for any reason improperly or mistakenly <br /> released to Huyer or Seller and (3) provide to Cascade Escrow all additional <br /> documents, funds and signatures necessary to fulfill these escrow instnictions. <br /> To facilitate Buyers 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 llTder these escrow instructions each pf the undersigned hereby <br /> irrevocably appoint Cascade Escrow their attorney-in-facC 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 or seaponsibility with respect to any matters <br /> connected with the fallowing (unless escpressly authorized tierein)(1) compliance <br /> j with requirements of the Consumer Credit Protection Act or Inter-State band <br /> Sales Act, or eimiliar laws; (2) Compliance with the requirements of Oregon <br /> Revised Statutes 537.330 <br /> 537.788-793 (related to water rights), Oregon Revised Statutes <br /> (related to well information), and any similar laws; (3) Title <br /> to any personal property, or encumbrances thereon, including but not <br /> j limited to, personal property taxes, sales tax, instruments filed under the <br /> Uniform Commercial Code, water rights, or leased equipment on premises; (4) <br /> k'orgeries or false personations of any person or <br /> instructions or this escrow; Party in connection with these <br /> ( 5 ) Fire Izxsurance an <br /> d <br /> cover an <br /> age, Seller and Buyer a Y other insurance <br /> this escrow• gree that such coverage will be provided for outside <br /> (6) The effect of zonin <br /> g ordinances <br /> division; (g) p~ (7) Any law regarding land <br /> y sums that may become due because of disqualification of the <br /> property qualifying for deferred taxes yr other deferred liens. <br /> Cascade Escrow assumes no liability or responsibility for verification of the <br /> nationality or foreign status of any transferor/seller in t1~.is transaction and <br /> has no responsibility for the collection, withholding, reportin or a <br /> an am g ant of <br /> aunt P <br /> Y a due Ym <br /> under <br /> e <br /> S ction 1445 and 6039C of the Internal Revenue Code, as <br /> amended, and regulations adopted thereon <br /> _ der c <br /> ( ommonl called F <br /> y IRPTA _ <br /> Escrow is .not the ) Cascade . <br /> agent of the parties for purposes of such law and/or <br /> regulations and Cascade Escrow has made no representation coneerrsing 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 to such law <br /> and/or regulation shall be made by the parties outside o£ Escrow and Cascade <br /> Escrow hereby advises each party to contact his or her attorney or tax advisor <br /> regarding any questions on the applicability of such law and/or regulation to <br /> <br /> j to this transaction.' Notwithstanding the fact that Cascade Escrow assumes no <br /> liability or z~esponsibililty to the parties for compliance with. Section 1445 <br /> <br /> j .and 6039C of the Internal Revenue Code and regulations adopted thereunder <br /> (commonly called FIRPTA), Cascade Escrow reserves the right to take any action <br /> required o£ it by said law and/or regulation without further instruction by <br /> by the parties to this escroza._ <br /> In the event any dispute arises between Huyer and Seller concerning the property, <br /> documents, or 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, (2) 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 as): 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 Buyer and Seller have resolved their dispute <br /> or to deposa.t such funds and documents into court_ <br /> In the event any suit or action is brought by Seller, Buyer, Cascade.Eecrow or <br /> any of them to enforce this agreement or to resol•re any dispute between or among <br /> Buyer, Seller and Cascade Escrow, including a suit for declaratory judgement, <br /> the prevailing party shall be entitled to recover all expenses; costa and <br /> reasonable attorneys 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 been specifically informed that Cascade Escrow is not lzcensed to <br /> practice law and no legal advise.has been offered by Cascade Escrow o ' <br /> its a to _ r any of <br /> mp yeas We have beet] further informed that Cascade Escrow is acting only i~ <br /> as an escrow holder and ie forbidders 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 />