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File No. 265429AM
<br />Page. 3
<br />In the event of such dispute and AmeriTitle, Inc.'s election of an alternative described above, AmeriTitle,
<br />hic. shall have no further duties or obligations under this agreement other than either to hold such funds
<br />and documents until Purchaser and Seller have resolved their dispute or to deposit such funds and
<br />documents into court. Seller and Buyer shall be responsible for costs associated with any of the above
<br />actions taken.
<br />Attorney Fees: It is further agreed that in the event of any suit or claim made against AmeriTitle, Inc. by
<br />either or both parties to this agreement, that said parties shall be required to pay AmeriTitle, Inc. all
<br />expenses, costs and reasonable attorney's fees in connection therewith, whether suit is instituted by
<br />AmeriTitle, Inc. or any of the parties hereto.
<br />Certificate of Non Foreign Status
<br />Seller herein has provided escrow agent with a completed and executed Certification of Non Foreign Status
<br />confirming that they are not a Non Resident Alien, according to the definition under the Foreign
<br />Investment in Real Property Tax Act, commonly referred to as FIRPTA. This completed document shall be
<br />retained in the escrow file according to the document retention requirements of the state. In the event
<br />that the Buyer is notified by the Internal Revenue Service and upon written request along with a copy of
<br />the Internal Revenue Service notice, AmeriTitle, Inc. is authorized to provide a copy of the completed
<br />Certification of Non Foreign Status to the Buyer.
<br />Exception for exempt Seller: If the Seller is a U.S. Government Agency then they are exempt from FIRPTA
<br />withholding and escrow agent will not obtain a Certification of Non Foreign Status.
<br />If Seller is a Non Resident Alien, then it will be up to the Buyer to determine if FIRPTA applies. AmeriTitle,
<br />Inc. assumes no liability or responsibility to the seller and/or buyer for compliance under Section 1445
<br />and 6039C of the Internal Revenue Code or other related statute or regulation of the Foreign Investment
<br />in Real Property Tax Act. If the parties determine that FIRPTA applies, the Seller and Buyer will be
<br />responsible for providing and completing the documents and forms required in the IRC code and for
<br />executing additional instructions to AmeriTitle, Inc.. AmeriTitle, Inc. will assist the Buyer and Seller in
<br />facilitating the withholding of funds from the Seller and delivering said funds to the IRS along with the
<br />executed forms.
<br />Acknowledgements and representations of Seller and Buyer:
<br />Legal Advice: AmeriTitle, Inc. is not licensed to practice law and AmeriTitle, Inc.'s duties and obligations
<br />under this agreement are limited to those of an escrow holder. Seller and Buyer have not been referred by
<br />AmeriTitle, Inc. to any named attorney or attorneys or discouraged from seeking advice of an attorney but
<br />have been advised to seek legal counsel of my own choosing at my own expense for any question we may
<br />have. Any and all documents, which AmeriTitle, Inc. has prepared for use in this transaction, have been
<br />prepared at the parties' direction and have been reviewed and are hereby approved as to content, form
<br />and terms.
<br />Deposits: Seller and Buyer understand that all checks will be processed for collection in the normal
<br />course of business. Parties further understand that all checks required to close must be payable to
<br />AmeriTitle, Inc. and must be collected funds, as required by federal and state statutes and regulations
<br />prior to your disbursement of any funds. AmeriTitle, Inc. may commingle funds received with escrow
<br />funds of others, and may, without limitation, deposit such funds in its escrow account with any bank
<br />authorized to do business in the state. It is understood that AmeriTitle, Inc., except by virtue of separate
<br />signed instructions there shall be no obligation to invest the funds on deposit on behalf of any depositor,
<br />nor shall AmeriTitle, Inc. be accountable for any earnings or incidental benefit attributable to the funds
<br />which may be received by AmeriTitle, Inc. while AmeriTitle, Inc. hold such funds.
<br />Settlement Statement Review: Pursuant to regulations adopted under the real estate settlement
<br />procedures act, I (we) have a right to review the settlement statement one day prior to closing and do
<br />hereby waive such right and instruct the settlement agent herein to proceed in accordance with
<br />alternative sections of such regulations. Buyer and Sellers understand not all transactions require a
<br />settlement statement.
<br />Review: The seller and buyer acknowledge that they have been given adequate time and opportunity to
<br />read and understand these escrow instructions and all other documents referred to in the transaction.
<br />The seller and buyer have read and approved the commitment for title insurance, estimated closing
<br />statement, escrow instructions and any addendums. Seller represents to AmeriTitle, Inc. there are no
<br />existing liens, assessments, taxes, deferred taxes, unpaid water or sewer bill, or any other obligations
<br />which are the responsibility of the seller and which are not shown on the above documents. The seller
<br />understands and agrees that any obligation known to them and not disclosed herein, remains the
<br />responsibility of the seller subsequent to the closing of this transaction.
<br />Undisclosed items: The undersigned understands and agrees that any obligation known to them and
<br />not disclosed herein remains the responsibility of the undersigned subsequent to the closing of this
<br />escrow. The undersigned seller further understands and agrees that any payoffs made on their behalf in
<br />this escrow are made by AmeriTitle, Inc. with complete reliance on figures supplied by the lender, creditor
<br />or taxing agency. In the event that additional funds are required to complete said payoffs, the
<br />undersigned hereby agrees to immediately upon request from AmeriTitle, Inc., provide the additional
<br />funds needed to complete said payoffs.
<br />Privacy Policy: In response to the Gramm -Leach -Bliley Act, the appropriate parties have been provided with a copy of
<br />AmeriTitle, Inc.'s Privacy Policy
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