Professional Documents
Culture Documents
Marks Escrow Instructions
Marks Escrow Instructions
Re:
We will hand you a Note and first Deed of Trust in the amount of executed by
the undersigned in favor of securing the following described property
situated in County, Montana:
which we authorize you to use in connection with the above numbered escrow when you can comply with these
and the attached instructions from the lender.
TITLE INSURANCE
A title insurance policy is being written for your mortgage lender, but the policy does not provide title insurance
coverage to you. If you are uncertain whether you should obtain an owner's policy of title insurance, we urge
that you seek independent advice.
When all documents have been signed and you have received all necessary funds, we authorize and instruct
you to record the necessary documents, and disburse funds collected according to these instructions and
the Escrow Closing Statement.
LOAN CALCULATIONS/PAYOFFS
Loan amounts shown in borrower(s) settlement statements were determined from information provided to First
American Title Company by the lender, or escrow provider, copies of which are available to the parties
for inspection. Any inaccuracies or deficiencies in the calculation of these amounts by the lender or escrow
provider remain the responsibility of the party legally obligated thereunder.
SHOULD THIS TRANSACTION CLOSE LATER THAN THE SPECIFIED CLOSING DATE, YOU ARE TO ADJUST THE
PAYOFF AMOUNTS TO THE EXISTING DEMAND STATEMENTS AND MAKE CORRESPONDING
ADJUSTMENTS FROM OUR PROCEEDS.
You are further instructed there are no sums in connection herewith to be prorated. All water, electricity charges and utility bills shall be the
sole obligation of the undersigned and shall be taken care of outside this escrow.
Execution of any document will be considered full approval of it. We instruct you to fill in, before closing, any incomplete
instrument according to these instructions.
In the event Borrower(s) fail to comply with the requests to re-sign from Agent and/or Title Insurance Underwriter, Borrower(s)
shall reimburse Agent and/or Title Insurance Underwriter for any and all attorney fees, costs and other charges which Agent and/or Title
Insurance Underwriter may incur as a result of enforcing compliance with the terms, or other damages resulting therefrom.
You will be responsible only for the exercise of ordinary care in the proper delivery of the subject matter of this escrow and are
released from any further liability in the premises. We agree to pay on demand, and to indemnify and hold harmless from and
against all costs, damages, judgments, attorneys' fees, expenses, and liabilities of every kind or nature, suffered or incurred or arising
out of this escrow except any liability founded upon your failure to exercise ordinary care in the proper delivery of the subject matter
of this escrow.
MISCELLANEOUS FEES
Escrow Holder may incur certain additional costs on behalf of the parties for services performed by third-party
providers. The fees charged by Escrow Holder for such services may include an extra margin over the direct cost of such services to
reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such services.
CLOSE OF ESCROW
The expression "close of escrow" means the date on which instruments referred to herein are filed for record or unless otherwise
indicated herein.
LEGAL ADVICE
Neither Liberty Title and Land Co nor any employees or owners has offered or given any legal advice whatsoever. The Company is acting
only as escrow closer and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow
transaction or the nature of the instruments used. Signors are not discouraged from seeking advice of an attorney of their choice.
AUTHORIZATION TO FURNISH COPIES
Liberty Title is to furnish to any lender identified with this transaction or anyone acting for such lender, any
information and copies of documents concerning this escrow, should they so request.
We have been afforded adequate opportunity to read and understand, and have read and fully understand that
these instructions and all other documents that are a part of this escrow and agree to the same.
FINANCIAL SOLVENCY
We agree to hold Liberty Title and Land Co. harmless from any and all liability for the loss or impairment of
funds that have been deposited in escrow while those funds are in the course of collection or while those funds
are on deposit in a financial institution if such loss or impairment results from the failure, insolvency or
suspension of a financial institution, or any loss or impairment of funds due to the invalidity of any draft,
check, document or other negotiable instrument delivered to the escrow agent.
BUYER(S):
(please add logo, name, and address)
Escrow Instructions
Dated:
Closing Officer:
Escrow Number:
These escrow instructions are entered into and based upon the Buy/Sell Agreement ______________and
addendum(s) dated 4NA as provided to Liberty Title and Land Company by and between:
SELLERS:
'·
Was the property in question the Seller's Principal Residence?
BUYERS:
Yes No .
We employ Liberty Title Company to act as Escrow Agent in connection with a sale by Seller(s) to
Buyer(s) upon the following terms and conditions which shall be complied with by said parties.
The property herein referred to is situated in ______________________________ and is described on Schedule "A" of
Commitment for Title Insurance issued by Liberty Title and Land Company.
Buyers(s)/Borrower(s) or agent is providing the following to effect transfer or conveyance of the above property
from the seller(s): Deed, Loan Documents, Settlement Statements
When Liberty Title and Land Co. is in receipt of all above, they are are instructed to record the documents and disburse
funds in accordance with these instructions, and in accordance with the closing statements executed simultaneously
herewith. All disbursements shall be made by your check or checks (wire transfer per seller's written instructions)
pursuant to the final closing statements.
The parties agree that the transfer to be effected herein shall be __________________________(Copy attached
hereto).
You are authorized and instructed to issue the specified title insurance policy or policies in the specified amount, to wit:
Subject to:______________________
NA
Additional documents creating exceptions that will be recorded at the time of closing:
_____________________
I have read the above referenced preliminary title commitment and approve the policy OTHER
INSTRUCTIONS:
Seller(s) and Buyer(s) hereby acknowledge that all contingencies and conditions on the Buy/Sell Agreement and any Addendum(s)
thereto, have been either satisfied or negotiated outside ofthis escrow.
Pro-Rate and/or adjust the following as of: _ _ _ _ _ _ _ _ _ _ _
(Check those which apply)
I. Taxes based on the amount of the tax statement set forth below under type of taxes for the year therein specified by the
Tax Collector, which has been issued prior to the close of escrow. No liability is assumed for errors, omissions and/or
changes in the amount of the General County Taxes assessed on real and personal property by the County Assessor and/or
Taxing Authority. (If the amount of the new tax bill issued by the Tax Collector after the close of escrow is more or less than
the amount used for pro-ration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.
Seller(s) ARE TO FORWARD to the Buyer(s) any present or future tax bills on the property herein. Type of
Taxes:
_Real Estate Tax for the year of ______Parcel No.______
LOAN CALCULATION/PAYOFFS
Loan amounts shown in Seller(s) and Buyer(s) settlement statements were determined from information provided
to Liberty Title and Land Company by the lender or escrow provider, copies of which are available to the
parties for inspection. Any inaccuracies or deficiencies in the calculation of these amounts by the lender or
escrow provider shall remain the responsibility of the party legally obligated thereunder.
WATER RIGHTS
The parties acknowledge that Liberty Title and Land Company is not responsible for the transfer of any water, or
water rights.
I hereby agree to hold Liberty Title and Land Co. harmless from the failure of the transfer of the water regardless of
the reason or cause. If any transfer is being done it is an accommodation for me. I understand that Liberty Title
and Land Co. is not making any representation and/or warranty concerning said water rights.
CLOSE OF ESCROW
The expression "close of escrow" means the date on which instruments referred to herein are filed for record unless
otherwise indicated herein.
Liberty Title and Land Co. is to only 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 lenders, brokers or attorneys,
unless permission is otherwise granted from the buyer or seller, and only as it relates to the documents for their
portion of the transaction.
Should Liberty Title and Land Co., before or after the 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 or affected hereby, Liberty Title and Land Co. 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 a conflict
3
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 not limiting the generality of the foregoing, a suit in interpleader brought by you. The parties expressly
agree that you, as escrow holder, have the absolute right, at your election, to file an action in interpleader.
You are authorized to deposit with the Clerk of Court all documents and funds held in this escrow.
LEGAL ADVICE
Both Seller(s) and Buyer(s) acknowledge their signatures hereon the following: I have been specifically informed
Liberty Title and Land Company. is not licensed to practice law and no legal advice has been offered Liberty Title and Land
company or any of its employees. I have been further informed that Liberty Title and Land Company is acting only as
escrow agent and that it is forbidden by law from offering advice to any party regarding the merits of
�his escrow transaction or the nature of the instruments utilized, and that it has not done so.
I further declare all instruments to which I am a party, if prepared by Liberty Title and Land Company, have been
prepared under the direction of my attorney, agents acting in my behalf, or myself, at my direction or request.
The Seller(s) acknowledges that Federal Law requires Liberty Title and Land Company to report this transaction to
the Internal Revenue Service on form l 099.
RIGHT OF CANCELLATION
If either party to the transaction elects to cancel the transaction, upon written notice from that party, Liberty
Title and Land Co. will notify all parties to the transaction and/or their agents or representatives.
Terms of the said agreements conflict with or vary from these instructions, these instructions shall nevertheless, control.
Seller and Buyer will fully comply with the provisions of the Realty Transfer Certificate Act (M.C.A. 15-7-304, 305, 310),
which includes the requirement that Seller and Buyer fully complete a Realty Transfer Certificate which will be presented at
closing.
I have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to herein.
GENERAL PROVISIONS
(continued)
Escrow Holder is hereby authorized and instructed that, In the event any party utilizes "facsimile" transmitted signed documents or instructions to Escrow Holder, you are to rely on the same
for all escrow Instruction purposes and the closing of escrow as if they bore original signatures. Each party shall make every effort to provide to the other party and to Escrow Holder, within
seventy-two (72) hours after transmission, duplicate original documents or instructions bearing the original signatures. Each party further acknowledges and agrees that documents with non-
original signatures may not be accepted for recording by the County Recorder, therefore no closing or recording may take place without the submission of the original documents.
11. CLARIFICATION OF DUTIES
Chicago Title Company, LLC serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any party hereto.
Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in this escrow, nor as to the
identity, authority or rights of any person executing the same. Escrow Holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such
instruments, or other documents received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder.
The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties.
Borrowers who are limited in English proficiency in need of an interpreter or assistance translating the loan documents from English to another language should contact their lender or the
Settlement Agent at (406)238-9999 as soon as possible in order for arrangements to be made.
THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO, THEIR
HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE
CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER
INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF
COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS
CONTAINED IN THIS AND ALL PROCEEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND
THESE GENERAL PROVISIONS.
END OF INSTRUCTIONS
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below.
BUYER(S):
(buyer names)
____________________________ _________
Date
Forwarding Address:
Phone: ________________________
Email:
SELLER(S):
NOTE: You are hereby instructed to increase or decrease the amount of interest and/or principal charge to me to payoff the underlying loan(s),
as necessary, to coincide with the date of disbursement. Also, you are instructed to use an overnight courier (if applicable) to send said payoff(s).
(seller names)
BY:
Steve Wells
President Date Forwarding Address:
Phone: Fax:
Email:
RECEIVED BY:
B y: Date
(name and tilte of closer
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Dated:
X____________________________________
Phone Number:_______________________
Address:____________________________
____________________________________
Email Address:________________________
X____________________________________
Phone Number:_______________________
Address:____________________________
____________________________________
Email Address:________________________
X____________________________________
Phone Number:_______________________
Address:____________________________
____________________________________
Email Address:________________________
CHICAGO SALE ESCROW INSTRUCTIONS
TITLE
COMPANY
I/We hand you herewith any funds (in the form of wire transfer, certified check, cashier's
check or teller's check payable to Chicago Title Company, LLC pursuant to .the "Deposit of
Funds", Paragraph 1 contained in the General Provisions attached hereto and made a part
hereof) and/or instruments required from me to enable you to close in accordance with the
estimated closing statement and when you are able to procure/issue a ALTA Owner's Policy
2021 (Standard) coverage form Policy of Title Insurance from Chicago Title Insurance
Company with a liability of Five Hundred Twenty Thousand And No/100 Dollars
($520,000.00), covering the following described property located in the City of Billings,
County of Yellowstone, State of Montana:
4. D. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the Public Records.
6. F. Taxes or assessments which are not shown as existing liens by the records of
any taxing authority that levies taxes or assessments on real property or by the
Public Records. Proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by the records
of such agency or by the Public Records.
8. H. Mineral rights, claims or title to minerals in or under said Land, including but not
limited to metals, oil, gas, coal, and other hydrocarbons, sand, gravel, or stone, and
geothermal energy rights, and easement or other rights or matters relating thereto,
whether express or implied, recorded or unrecorded.
9. I. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the
first time in the Public Records or is created, attaches, or is disclosed between the
Commitment Date and the date on which all of the Schedule B, Part I-Requirements
are met.
13. General County Taxes for the year 2023 and subsequent years, which are a lien
but not yet due or payable.
14. Reservations, exceptions and provisions contained in the patent from the United
States of America, and in the acts authorizing the issuance thereof.
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SALE ESCROW INSTRUCTIONS
(continued)
17. Grant contained in the Certificate of Dedication of Sundance Subdivision. which provides
as follows:
"The undersigned hereby grants unto all public utility companies, as such are defined
and established by Montana Law, and cable television companies, an easement for the
location, maintenance, and repair and removal of their lines over, under and across the
areas designated on this plat as "Utility Easement" to have and hold forever."
Recording No.:.
19. Sanitary Restrictions imposed by the Department of Health and Environment Sciences
Recording
Date: April 6, 2021
Recording 3967003
No.:
21. Liens and charges as set forth in the above mentioned declaration,
22. Covenants, conditions and restrictions but omitting any covenants or restrictions,
if any, including but not limited to those based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap, national
origin, ancestry, source of income, gender, gender identity, gender expression,
medical condition or genetic information, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by
applicable law, as set forth in the document
23. Liens and charges as set forth in the above mentioned declaration,
24. Declaration of Covenants and Restrictions for the Sundance Subdivision Water System
25. Liens and charges as set forth in the above mentioned declaration,
28. Note: The Company has searched the records of the Clerk and Recorder and the Clerk
of Court for Yellowstone County, Montana and find no judgments or liens affecting the
Land, other than as excepted in Schedule B.
The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title entity's
escrow and/or sub escrow account prior lo disbursement of any funds. Only cash or wire-transferred funds can be given immediate
availability upon deposit. Cashier's checks, teller's checks and Certified checks may be available one business day after deposit. All other
funds such as personal, corporate or partnership checks and drafts are subject to mandatory holding periods which may cause material
delays in disbursement of funds in this escrow. In order to avoid delays, all fundings should be wire transferred. Outgoing wire transfers will
not be authorized until confirmation of the respective incoming wire transfer or of availability of deposited checks.
Deposit of funds into general escrow trust account unless instructed otherwise. You may instruct Escrow Holder to deposit your funds into an
interest bearing account by signing and returning the "Notice of Opportunity lo Open Interest Bearing Account", which has been provided to
you. If you do not so instruct us, then all funds received in this escrow shall be deposited with other escrow funds in one or more general
escrow trust accounts, which include both non-interest bearing demand accounts and other depository accounts of Escrow Holder, In any
state or national bank or savings and loan association insured by the Federal Deposit Insurance Corporation (the "depository institutions")
and may be transferred to any other such escrow trust accounts of Escrow Holder or one of its affiliates, either within or outside the State of
MONTANA. A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its
affiliates.
Receipt of benefits by Escrow Holder and affiliates. The parties to this escrow acknowledge that the . maintenance of such general escrow
trust accounts with some depository institutions may result in Escrow Holder or its affiliates being provided with an array of bank services,
accommodations or other benefits by the depository institution. Escrow Holder or its affiliates also may elect to enter into other business
transactions with or obtain loans for investment or other purposes from the depository institution. All such services, accommodations, and
other benefits shall accrue to Escrow Holder or its affiliates and Escrow Holder shall have no obligation to account lo the parties to this
escrow for the value of such services, accommodations, interest or other benefits.
Said funds will not earn interest unless the instructions otherwise specifically state that funds shall be deposited in an interest-bearing
account. All disbursements shall be made by check of Chicago Title Company, LLC. The principals to this escrow are hereby notified that
the funds deposited herein are insured only to the limit provided by the Federal Deposit Insurance Corporation, Any instruction for bank wire
will provide reasonable time or notice for Escrow Holder's compliance with such instruction. Escrow Holder's sole duty and responsibility shall
be to place said wire transfer instructions with its wiring bank upon confirmation of (1) satisfaction of conditions precedent or (2) document
recordation at close of escrow. Escrow Holder will NOT be held responsible for lost interest due to wire delays caused by any bank or the
Federal Reserve System, and recommends that all parties make themselves aware of banking regulations with regard to placement of wires.
In the event there is insufficient lime to place a wire upon any such confirmation or the wires have closed for the day, the parties agree to
provide written instructions for an alternative method of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT INSTRUCTION,
FUNDS WILL BE HELO IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE
PLACEMENT
All prorations and/or adjustments called for in this escrow are to be made on the basis of a thirty (30) day month unless otherwise instructed
in writing. You are to use information contained on last available lax statement, rental statement as provided by the Seller, beneficiary's
statement and fire insurance policy delivered into escrow for the prorations provided for herein.
3, SUPPLEMENTAL TAXES
The within described property may be subject to supplemental real property taxes due to the change of ownership taking place through this
escrow. Any supplemental real property taxes arising as a result of the transfer of the properly lo Buyer shall be the sole responsibility of
Buyer and any supplemental real property taxes arising prior to the closing date shall be the sole responsibility of the Seller. TAX BILLS
ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER.
4. UTILITIES/POSSESSION
Transfer of utilities and possession of the premises are lo be settled by the parties directly and outside escrow.
Escrow Holder is authorized to prepare, obtain, record and deliver the necessary instruments to carry out the terms and conditions of this
escrow and to order the policy of title insurance to be issued at close of escrow as called for in these instructions. Close of escrow shall
mean the date instruments are recorded.
8. PERSONAL PROPERTY
No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested
By signing these General Provisions, the parties to the escrow hereby acknowledge that they are indemnifying the Escrow Holder against any
and all matters relating to any "Bulk Sales" requirements, and instruct Escrow Agent to proceed with the closing of escrow without any
consideration of matter of any nature whatsoever regarding "Bulk Sales" being handled through escrow,
9, RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon ten (10) days written notice delivered to the principals herein, If such right is exercised, all funds
and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder.
13. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD INSURANCE POLICIES
Either Buyer, Seller and/or Lender may hand you the insurance agent's name and insurance policy information, and you are to execute, on
behalf of the principals hereto, form assignments of interest in any insurance policy (other than title insurance) called for in this escrow,
forward assignment and policy to the insurance agent, requesting that the insurer consent to such transfer and/or attach a loss payable
clause and/or such other endorsements as may be required, and forward such policy(s) to the principals entitled thereto. It is not
your responsibility to verify the information handed you or the assignability of said insurance. Your sole duty is to forward said request to
insurance agent at close of escrow.
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GENERAL PROVISIONS
(continued)
Further, there shall be no responsibility upon the part of Escrow Holder lo renew hazard insurance policy(s) upon expiration or otherwise keep
it in force either during or subsequent to the close or escrow. Cancelation of any existing hazard insurance policies is to be handled directly
by the principals, and outside of escrow.
14. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow Holder, have the absolute right at your election to file an action in interpleader
requiring the principals to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the
clerk or the court all documents and funds held in this escrow. In the event such action is filed, the principals jointly and severally agree to
pay your cancelalion charges and costs, expenses and reasonable attorney's fees which you are required to expend or incur in such
inlerpleader action, the amount thereof lo be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you
shall thereupon be fully released and discharged from all obligations imposed by the terms of this escrow or otherwise.
15. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within six (6) months after the "time limit dale" as set forth in the escrow instructions or written
extension thereof, your agency obligation shall terminate al your option and all documents, monies or other items held by you shall be
returned to the parties depositing same. In the event of cancelation of this escrow, whether it be at the request of any of the principals or
otherwise, the fees and charges due Chicago Title Company, LLC, including expenditures incurred and/or authorized shall be borne equally
by the parties hereto (unless otherwise agreed lo specifically).
16. REIMBURSEMENT ATTORNEY FEES/ESCROW HOLDER
In the event that a suit is brought by any party or parties to these escrow instructions to which the Escrow Holder is named as a party which
results in a judgment in favor of the Escrow Holder and against a principal or principals herein, the principals or principals' agent agree to
pay said Escrow Holder all costs, expenses and reasonable attorney's fees which it may expend or incur in said suit, the amount thereof to
be fixed and judgment therefore to be rendered by the court in said suit.
17. DELIVERY/RECEIPT
Delivery to principals as used in these instructions unless otherwise stated herein is to be by hand in person to the principal, regular mail,
email or fax to any of the contact information provided in these instructions. If delivered by regular mail receipt is determined lo be
seventy-two (72) hours after such mailing. All documents, balances and statements due to the undersigned may be delivered lo the contact
information shown herein. All notices, change of instructions, communications and documents are lo be delivered in writing to the office of
Chicago Tille Company, LLC as set forth herein.
You are authorized, without the need for further approval, to debit my account for any fees and charges that I have agreed to pay in
connection with this escrow, and for any amounts that I am obligated to pay to the holder of any lien or encumbrance to establish the title as
insured by the policy or title insurance called for in these instructions. Ir for any reason my account is not debited for such amounts at the
time of closing, I agree to pay them immediately upon demand, or to reimburse any other person or entity who has paid them.
21. ENVIRONMENTAL ISSUES
Chicago Title Company, LLC has made no investigation concerning said property as to environmental/toxic waste issues. Any due diligence
required or needed to determine environmental impact as to forms or toxification. if applicable, will be done directly and by principals outside
of escrow Chicago Title Company, LLC is released of any responsibility and/or liability in connection therewith.
22. USURY
Escrow Holder is not to be concerned with any questions of usury in any loan or encumbrance involved in the processing of this. escrow and is
hereby released of any responsibility or liability therefore.
23. DISCLOSURE
Escrow Holdefs knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions, does not
create any liability or duty in addition to these instructions.
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GENERAL PROVISIONS
(continued)
Escrow Holder is hereby authorized and instructed that, In the event any party utilizes "facsimile" transmitted signed documents or
instructions to Escrow Holder, you are to rely on the same for all escrow Instruction purposes and the closing of escrow as if they bore
original signatures. Each party shall make every effort to provide to the other party and to Escrow Holder, within seventy-two (72) hours
after transmission, duplicate original documents or instructions bearing the original signatures. Each party further acknowledges and agrees
that documents with non-original signatures may not be accepted for recording by the County Recorder, therefore no closing or recording
may take place without the submission of the original documents.
25. CLARIFICATION OF DUTIES
Chicago Title Company, LLC serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice to any
party hereto.
Escrow Holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner of execution, or validity of any
instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing the same. Escrow Holder's duties
hereunder shall be limited to the proper handling of such money and the proper safekeeping of such instruments, or other documents
received by Escrow Holder, and for the disposition of same in accordance with the written instructions accepted by Escrow Holder.
The agency and duties of Escrow Holder commence only upon receipt of copies of these Escrow Instructions executed by all parties.
Borrowers who are limited in English proficiency in need of an interpreter or assistance translating the loan documents from English to
another language should contact their lender or the Settlement Agent at (406)238-9999 as soon as possible in order for arrangements to be
made.
THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS
ALL PARTIES HERETO, THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS,
EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES
THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR
NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER
AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF
WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH.
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL
TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PROCEEDING PAGES AND
FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL
PROVISIONS.
END OF INSTRUCTIONS
IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set
forth below.
BUYER(S):
Forwarding Address:
Phone: _ Fax:
Email:
SELLER(S):
NOTE: You are hereby instructed to increase or decrease the amount of interest and/or principal charge
to me to payoff the underlying loan(s), as necessary, to coincide with the date of disbursement. Also, you
are instructed to use an overnight courier (if applicable) to send said payoff(s).
BY:
Steve Wells
President Date
Forwarding
Address:
RECEIVED BY:
Phone: Fax:
Chicago Title Company, LLC
Email:
B y:
Darcy Bouchard, Escrow Officer
Date
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively,
"FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy
Notice explains how we collect, use, and protect personal information, when and to whom
we disclose such information, and the choices you have about the use and disclosure of
that information.
A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its
own privacy notice, the privacy notice will be available on the subsidiary's website and
this Privacy Notice does not apply.
Collection of Personal Information
FNF may collect the following categories of Personal Information:
contact information (e.g., name, address, phone number, email
address); demographic information (e.g., date of birth, gender,
marital status):
identity information (e.g. Social Security Number, driver's license, passport, or other
government ID number); financial account information (e.g. loan or bank account
information); and
other personal information necessary to provide products or services to you.
We may collect Personal Information about you
from: information we receive from you or your
agent;
information about your transactions with FNF, our affiliates, or others: and
.- information we receive from consumer reporting agencies and/or governmental entities, either dire�tly from
these entities or through others.
Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an
FNF website, online service, or application (each an "FNF Website") from your Internet
browser, computer, and/or device:
Internet Protocol (IP) address and opera.ting
system; browser version, language, and type;
domain name system requests; and
browsing history on the FNF Website, such as date and time of your visit to the FNF
Website and visits to the pages within the FNF Website.
Like most websites, our servers automatically log each visitor to. the FNF Website and may
collect the Browsing Information described above. We use Browsing Information for system
administration, troubleshooting, fraud investigation, and to improve our websites . Browsing
Information generally does not reveal anything personal about you, though if you have
created a user account for an FNF Website and are logged into that account, the FNF
Website may be able to link certain browsing activity to your user account.
Other Online Specifics
Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie
is a small piece of data that is sent to your Internet browser from a web server and stored on
your computer's hard i;Jrive. Information gathered using cookies helps us improve your user
experience. For example, a cookie can help the website load properly or can customize the
display page based on your browser type and user preferences. You can choose whether or
not to accept cookies by changing your Internet browser settings. Be aware that doing so
may impair or limit some functionality of the FNF Website.
Web Beacons. We use web beacons to determine when and how many times a page has
been viewed. This information is used to improve our websites.
Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features
enabled through your browser.
Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites.
FNF is not responsible for the privacy practices or content of those websites. We
recommend that you read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
• To provide products and services to you or in connection with a
Privacy Statement
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to affiliated or nonaffiliated third parties with whom we perform joint marketing,
pursuant to an agreement with them to jointly market financial products or services to
you;
to law enforcement or authorities in connection with an investigation, or in response to
a subpoena or court order; or
• in the good-faith belief that such disclosure is necessary to comply with legal process
or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or
the public.
The law does not require your prior authorization and does not allow you to restrict the
disclosures described above. Additionally, we may disclose your information to third parties
for whom you have given us authorization or consent to make such disclosure. We do not
otherwise share your Personal Information or Browsing Information with nonaffiliated third
parties, except as required or permitted by law.
We reserve the right to transfer your Personal lnforrr:iation, Browsing Information, and any
other information, in connection with the sale or other disposition of all or part of the FNF
business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership,
or an assignment for the benefit of creditors. By submitting Personal Information and/or
Browsing Information to FNF, you expressly agree and consent to the use and/or transfer
of the foregoing information in connection with any of the above described proceedings.
Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal
Information.
Choices With Your Information
Whether you submit Personal Information or Browsing Information to FNF is entirely up to
you. If you decide not to submit Personal Information or Browsing Information, FNF may
not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information or Browsing
Information with nonaffiliated third parties, except as permitted by California law. For
additional information about your California privacy rights, please visit the "California
Privacy'' link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888)
413-1748.
For Nevada Residents: We are providing this notice pursuant to state law. You may be
placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by
contacting us via the information set forth at the end of this Privacy Notice. For further
information concerning Nevada's telephone solicitation law, you may contact: Bureau of
Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St.,
Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email:
aginquiries@ag.state.nv.us.
For Oregon Residents: We will not share your Personal Information or Browsing
Information with nonaffiliated third parties for marketing purposes, except after you have
been informed by us of such sharing and had an opportunity to indicate that you do not
want a disclosure made for marketing purposes.
For Vermont Residents: We will not disclose information about your creditworthiness to
our affiliates and will not disclose your personal information, financial information, credit
report, or health information to nonaffiliated third parties to market to you, other than as
permitted by Vermont law, unless you authorize us to make those disclosures. •
For Virginia Residents: For additional information about your Virginia privacy rights, please
email privacy@fnf.com or call (888) 714-2710.
Information From Children
The FNF Websites are not intended or designed to attract persons under .the age of
eighteen (18). We do not collect Personal Information from any person that we know to be
under the age of thirteen (13) without permission from a parent or guardian.
International Users
FNF's headquarters is located within the United States. If you reside outside the United
States and choose to provide Personal Information or Browsing Information to us, please
note that we may transfer that information outside of your country of residence. By
providing FNF with your Personal Information and/or Browsing Information, you consent to
our collection, transfer, and use of such information in accordance with this Privacy Notice.
FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting
websites that collect customer information on behalf of mortgage loan servicers (the
"Service Websites"). The Service Websites may contain links to both this Privacy Notice
and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy
Notice titled When Information is Disclosed, Choices with Your Information, and Accessing
and Correcting Information do not apply to the Service Websites. The mortgage loan
servicer or lender's privacy notice governs use, disclosure, and access to your Personal
Information. FNF does not share Personal Information collected through the Service
Websites, except as required or authorized by contract with the mortgage loan servicer or
lender, or as required by law or in the good-faith belief that such disclosure is necessary:
to comply with a legal process or applicable law, to enforce this Privacy Notice, or to
protect the rights, property, or safety of FNF or the public.
Privacy Statement
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Your Consent To This Privacy Notice; Notice Changes
By submitting Personal Information and/or Browsing Information to FNF, you consent to the
collection and use of the information in accordance with this Privacy Notice. We may
change this Privacy Notice at any time. The Privacy Notice's effective date will show the
last date changes were made. If you provide information to us following any change of
the Privacy Notice, that signifies your assent to and acceptance of the changes to the
Privacy Notice.
Accessing and Correcting Information: Contact Us
If you have questions or would like to correct your Personal Information, visit FNF's
Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com,
or by mail to:
Fidelity National
Financial, Inc.
601 Riverside Avenue,
Jacksonville, Florida
32204 Attn: Chief
Privacy Officer
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