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ADDENDUM N1 <br />GENERAL PROVISIONS <br />1. DEPOSIT OF FUNDS <br />AM funds reoslved In this escrow shall be deposited wfth other escrow funds In a general escrow account or accounts of Escrow Holder, with any, state or national bank, <br />whhorA any Ilabnhy for Interest, and may be transferred b any otter such gef-wal escrow account or accounts. AM disbursements than be made by check of Escrow <br />Holder. <br />Any o immiltmerA made In writing to Escrow Folder by a bank, trust company, Insurance company, or savings and ban association to deliver Its check or funds knto this <br />escrow may, In 6o tots discretion of Escrow Folder, be treated as the equivalent of a deposit In this escrow of the amount thereof. <br />Close of escrow Is subject to compliance with Insurance Code Section 12413 and 12413.5 regarding collected funds prior to close, <br />2. PRORA71ONS AND ADJUSTMENTS <br />M proratlons and/or adjustments called for In this escrow are to be made on the basis of a thirty (50) dny month unless otherwise Instructed In wrfing. <br />The phrase "close of escrow (C.O.E.) as used In this escrow means the dale on which documents we recorded and relates only to proration and/or adjustments unless <br />otherwise specified. <br />3. RECORDATION OF INSTRUMENTS <br />Recordation of any Instruments delivered through this escrow, N necessary or proper for the Issuance of the policy of title Insurance called tor, Is authorized. <br />Recordatkrt d documents shall be construed as close of escrow, unless otherwise specified herein. <br />4. AUTHORIZATION TO FURNISH COPIES <br />You are authorized to furnish copies of these Instructions, supplements, amendments, or notices of cancellations, and closing statements In this escrow, to the red <br />satiate broker(&) and the lender(&) named In this escrow. <br />8. TAXES <br />Prorate taxes out real property based on the latest available tax figures. Escrow holder shall not be concerned with, or liable for payment, adjustment or praalbn of, <br />Supplemental Taxes aa&essed pursuant to Chapter 498. Slahutas of 1M3 ox Chapter 0.5. Revenue and Taxallon Code, Section 75 of seq., Stale of California, unless <br />specifically reflected on the Tax Assessor's rolls. All assessments not shorn on the tax roils are to be adjusted outside of escrow. <br />6 RIGHT OF CANCELLATION <br />Any principal knstructing you to cancel this escrow shall file notice of cancellation In your office, in writing and so slate the reason to cancellation. Upon receipt of such <br />request, you then prepare cancellation Instruction for signatures of the principals and shall lorward same to the principals. Upon receipt of the mutually agreeable <br />cancellation Instnxilons signed by all principals and after payment of your cancellation charges, you are authorized to comply with such Instruction and cancel your <br />escrow. N mitten objection Is Filed, you are authorized to hold an money and Instruments In this escrow and take no further action until otherwise directed, elder by the <br />principals' mutual written Instructions, or find order of a court of competent jurisdiction. <br />7. ACTION IN INTERPLEADER OR OTHER COURT PROCEEDINGS <br />The principals hereto expressly agree that you, as escrow holder, have de absolute right at your election to File an action In Interpeader requiring toe principals to <br />answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held In <br />escrow, In the event such action Is riled, the principals jointly sorts soverally, agree to pay your cancellation charges and costs, expenses and reasonable attorneys lees <br />which you are required to expend or Incur In such Inter -pleader action, the amount thereof to be fixed and judgment therefor to be rendered by the court Upon the filing <br />of such action, you shill thereupon be fully released and discharged from all obligations to further perform arry duties or obligations otherwise Imposed by the terms of <br />this escrow. <br />N you are required to respond to any legal summons or proceedings or M any action of Interpleader or declaratory relief is brought by you, we jointly and severally agree <br />to pay ell costs, expenses, and reasonable attorney's fees expended or Incurred by you, and a Ilan Is hereby created In your company's favor to cover said hems. We <br />agree to save you harmless as escrow holder hereunder from all loss and expense. Including reasonable attorney's lees and court costs sustained by reason of any <br />action legal a otherwise, which may arise out of this escrow, before or after closing, notwithstanding anything In these Instructions to the contrary. <br />8. TERMINATION OF AGENCY OBLIGATION AND PAYMENT OF FEES AND CHARGES <br />N here Is no action taken on this escrow within six (6) months after the "lime limit dale' as set forth in the escrow Instructions or wrhlen extension thereof, your agency <br />obligation shall terminate at your option and all documents, monies or other Items held by you shell be returned to the parties depositing same. <br />In the event of cancellation of this escrow, whether M be at the request of any of the principals or otherwise, the fees and charges due Escrow Holder, Including <br />expenditures Incurred and/or authorized shall be borne equally by parties hereto (unless otherwise agreed to specincatly). <br />0. CONFLICTiNG INSTRUCTIONS <br />Uppn receipt of any, conflicting Instructions other than cancellation instructions, you ere no longer obilgaled to lake any further action In connection with this escrow <br />until further consistent Instructions are received from the principals to this escrow except as provided In paragraph 8 of these General Provisions. <br />10. ABANDONED OR UNCLAIMED FUNDS <br />Any funds abandoned or remaining unclaimed after good faith efforts have berm made by Escrow Holder to return acme to the perty(iss) entitled thereto, than be <br />assessed a holding lee of $20.00 monthly — may be withdrawn from any funds on deposit to the extent the law allows. After three years the amount thereafter <br />remaining unclaimed may escheat to the State of Callfomia. <br />11. BLANKET MASTER POLICY HAZARD FIRE INSURANCE <br />In the event subject property Is covered by a blanket master policy hazard Fire Insurance, you are to order a Certificate thereof for the buyer and order loss payabl, <br />endorsement for Beneficiaries of Trust Deeds being recorded herein. Buyer Is aware that said Insurance is Included In the monthly maintenance lee and DOES NOT <br />Include personal property. Should buyer desire tire Insurance on personal property, they are to obtain same outside of escrow. <br />12. USURY <br />You are not to be concrned with any question of usury In any ban or encumbrance involved In the processing of this escrow and you are hereby released of any <br />responsibllty or liability therefor. <br />13. Time Is declared to be of the essence of these instructions. <br />14. LIMITATION OF LIABILITY RE: CLERICAL OR MATHEMATICAL ERRORS <br />In the evert that Escrow Holder shall miscalculate or en In determining applicable prorations, lender demands, or the amount of required funds from either party lot the <br />close of escrow. such error or miscalculation shall not relieve any party from any liability such party would oherwise have had. M no such enor or miscalculation had <br />been made. To the extent that Escrow Holder shall advance its own funds to mitigate the effects of arty ml&cnlcutntion or error, Escrow Holder shall have rlghl to <br />Immediate reimbursement of such amounts advanced, together with Interest at the rate of 10% per annum on the amount advanced, and any attorney's toes or <br />oolkm-Oon fees Incurred. <br />15. ARBITRATION <br />Either Escrow Holder or any party to these escrow Instructions may demand arbitration pursuant to the title Insurance arbitration rules of die American Arbitration <br />Association. Arbitrable matters may Include, but are riot Ilmhed to, any controversy or claim between Escrow Holder and any party to the escrow arising o l of or <br />relating to these Instructions, any service of Escrow Holder In connection with Its performance of Its escrow duties. Arbitration pursuant to these Instructions and under <br />the rules In effect on the dale the demand for arbitration Is made shrill be binding upon the parties. Any award shrill Include attorney's lees. Judgment upon toe award <br />rendered by the arbitrator(R) may be entered In any court having jurisdiction thereof. The law of the Stale of California shall be the applicable law. <br />A copy of the rules of the American Arbitration Association may be obtained Irom the Escrow Holder upon request. <br />16. Any funds held by Escrow holder after close of escrow, or after connicting demands have been made to Escrow Holder regarding the funds, of any funds abandoned or <br />remaining unclaimed shall be assessed a holding fee of S30 per month. <br />17. Escrow Holder Is not a party to the unda"no Real Estate Contract- Escrow Holder accepts no responsibility to discharge conditions and obligations of the real estate <br />oontracl. Escrow Folder will only satisfy conditions and obligations set forth In the escrow Inslnuctions prepared by Escrow Holder at the direction of the principals. <br />16. Escrow Holder Is hereby authorized and Instructed that, in the event Buyer or Seller utilizes 'Facslmne' transmitted signed documents or Instructions to Escrow 1lofdw <br />(except for documents which are to be recorded which must bear original signatures), you are to rely on same Irrr all escrow Instruction rurpns*s and the rinsln0 of <br />.... ..,... - If ,' , i. . . I.- . i e .. <br />