Common use of APPOINTMENT OF AND INSTRUCTIONS TO ESCROW AGENT Clause in Contracts

APPOINTMENT OF AND INSTRUCTIONS TO ESCROW AGENT. The parties hereby appoint as Escrow Agent: XX Xxx 00000 Xxx Xxxxxx, XX 00000 The following papers are herewith placed in escrow: 1. Signed copy of this Contract. 2. Original Warranty Deed signed by Seller. 3. Original Special Warranty Deed signed by Purchaser. Add following information, if applicable: Name and address of mortgagee: n/a Loan No. Name and address of Escrow Agent under any other contract on the Property: n/a (a) The fee(s) of the Escrow Agent shall be paid as follows: all fees shall be paid by the purchaser If such fee(s) is/are paid wholly or in part by Purchaser, such amount shall be in addition to the amounts due from Purchaser as provided in Paragraph 2, herein. The Escrow Agent is instructed to accept all monies paid in accordance with this Contract and remit the money received (less applicable escrow fees) as follows: all proceeds are to be mailed to seller (b) All payments shall be deemed provisionally accepted when tendered, subject to determination by the Escrow Agent of the correct amount and its timeliness. (c) Upon full payment of all amounts due and owing to the Seller under this Contract by the Purchaser, the Escrow Agent is directed to release and deliver the escrow documents to the Purchaser. (d) If the Seller or his agent delivers an Affidavit of Uncured Default and Election of Termination (as described in Paragraph 5 above) to the Escrow Agent, then the Escrow Agent shall release and deliver the escrow documents to the Seller. The Escrow Agent shall be entitled to rely on such Affidavit as conclusive proof of termination. (e) The Escrow Agent is instructed that after each and every written demand is mailed to the Purchaser, pursuant to Paragraph 5 above, and a copy thereof is furnished to the Escrow Agent, not to accept less than the full amount of the sum stated as due in the written demand, plus the additional $_____________, unless otherwise stated, for Seller’s attorney’s fees. (f) The Escrow Agent is entitled to charge its standard fees current as of the date the service is rendered, but all changes shall become effective only after sixty (60) days written notice to the party or parties paying the fee of the Escrow Agent. (g) Seller and Purchaser will each indemnify and save harmless the Escrow Agent against all costs, damages, attorney’s fees, expenses and liabilities, which it may incur or sustain in connection with this Contract, including any interpleader or declaratory judgment action brought by Escrow Agent, but excepting failure of the Escrow Agent to comply with this Paragraph 9. (h) The Escrow Agent shall have the right to resign as Escrow Agent under this Contract by giving the parties sixty (60) days written notice of intent to resign. The parties shall thereupon mutually select a successor Escrow Agent and give written notice to the Escrow Agent of such selection. If the parties fail, for any reason, to mutually select a successor Escrow Agent and give Escrow Agent written notice of such selection within sixty (60) days after mailing by the Escrow Agent of notice of intent to resign as aforesaid, then the Escrow Agent may select the successor Escrow Agent. Delivery by the Escrow Agent to the successor Escrow Agent of all documents and funds, after deducting there from its charges and expenses, shall relieve the Escrow Agent of all liability and responsibility for acts occurring after the date of the assignment in connection with this Contract.

Appears in 1 contract

Samples: Real Estate Contract (Bowlin Travel Centers Inc)

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APPOINTMENT OF AND INSTRUCTIONS TO ESCROW AGENT. The parties hereby appoint as Escrow Agent: XX Xxx 00000 Xxx Xxxxxx, XX 00000 The following papers are herewith placed in escrow: 1. Signed copy of this Contract. 2. Original Warranty Deed signed by Seller. 3. Original Special Warranty Deed signed by Purchaser. Add following information, if applicable: Name and address of mortgagee: n/a Loan No. Name and address of Escrow Agent under any other contract on the Property: n/a (a) The fee(s) of the Escrow Agent shall be paid as follows: all fees shall be paid by the purchaser If such fee(s) is/are paid wholly or in part by Purchaser, such amount shall be in addition to the amounts due from Purchaser as provided in Paragraph 2, herein. The Escrow Agent is instructed to accept all monies paid in accordance with this Contract and remit the money received (less applicable escrow fees) as follows: all proceeds are to be mailed to seller (b) All payments shall be deemed provisionally accepted when tendered, subject to determination by the Escrow Agent of the correct amount and its timeliness. (c) Upon full payment of all amounts due and owing to the Seller under this Contract by the Purchaser, the Escrow Agent is directed to release and deliver the escrow documents to the Purchaser. (d) If the Seller or his agent delivers an Affidavit of Uncured Default and Election of Termination (as described in Paragraph 5 above) to the Escrow Agent, then the Escrow Agent shall release and deliver the escrow documents to the Seller. The Escrow Agent shall be entitled to rely on such Affidavit as conclusive proof of termination. (e) The Escrow Agent is instructed that after each and every written demand is mailed to the Purchaser, pursuant to Paragraph 5 above, and a copy thereof is furnished to the Escrow Agent, not to accept less than the full amount of the sum stated as due in the written demand, plus the additional $_____________, unless otherwise stated, for Seller’s attorney’s fees. (f) The Escrow Agent is entitled to charge its standard fees current as of the date the service is rendered, but all changes shall become effective only after sixty (60) days written notice to the party or parties paying the fee of the Escrow Agent. (g) Seller and Purchaser will each indemnify and save harmless the Escrow Agent against all costs, damages, attorney’s fees, expenses and liabilities, which it may incur or sustain in connection with this Contract, including any interpleader or declaratory judgment action brought by Escrow Agent, but excepting failure of the Escrow Agent to comply with this Paragraph 9. (h) The Escrow Agent shall have the right to resign as Escrow Agent under this Contract by giving the parties sixty (60) days written notice of intent to resign. The parties shall thereupon mutually select a successor Escrow Agent and give written notice to the Escrow Agent of such selection. If the parties fail, for any reason, to mutually select a successor Escrow Agent and give Escrow Agent written notice of such selection within sixty (60) days after mailing by the Escrow Agent of notice of intent to resign as aforesaid, then the Escrow Agent may select the successor Escrow Agent. Delivery by the Escrow Agent to the successor Escrow Agent of all documents and funds, after deducting there from its charges and expenses, shall relieve the Escrow Agent of all liability and responsibility for acts occurring after the date of the assignment in connection with this Contract.

Appears in 1 contract

Samples: Real Estate Contract (Bowlin Travel Centers Inc)

APPOINTMENT OF AND INSTRUCTIONS TO ESCROW AGENT. The parties hereby appoint as Escrow Agent: XX Xxx 00000 Xxx XxxxxxMountain States Escrow, XX 00000 Inc. 000 Xxxxx Xx./PO Box 2224 Las Cruces, NM 88004 The following papers are herewith placed in escrow: 1. Signed copy of this Contract. 2. Original Warranty Deed signed by Seller. 3. Original Special Warranty Deed signed by Purchaser. 4. Notice of escrow sales agreement. Add following information, if applicable: Name and address of mortgagee: n/a Loan No. n/a Name and address of Escrow Agent under any other contract on the Property: n/a (a) The fee(s) of the Escrow Agent shall be paid as follows: all fees shall be paid by the purchaser If such fee(s) is/are paid wholly or in part by Purchaser, such amount shall be in addition to the amounts due from Purchaser as provided in Paragraph 2, herein. The Escrow Agent is instructed to accept all monies paid in accordance with this Contract and remit the money received (less applicable escrow fees) as follows: all Mail proceeds are to be mailed to seller (b) All payments shall be deemed provisionally accepted when tendered, subject to determination by the Escrow Agent of the correct amount and its timeliness. (c) Upon full payment of all amounts due and owing to the Seller under this Contract by the Purchaser, the Escrow Agent is directed to release and deliver the escrow documents to the Purchaser. (d) If the Seller or his agent delivers an Affidavit of Uncured Default and Election of Termination (as described in Paragraph 5 above) to the Escrow Agent, then the Escrow Agent shall release and deliver the escrow documents to the Seller. The Escrow Agent shall be entitled to rely on such Affidavit as conclusive proof of termination. (e) The Escrow Agent is instructed that after each and every written demand is mailed to the Purchaser, pursuant to Paragraph 5 above, and a copy thereof is furnished to the Escrow Agent, not to accept less than the full amount of the sum stated as due in the written demand, plus the additional $_____________150.00, unless otherwise stated, for Seller’s 's attorney’s 's fees. (f) The Escrow Agent is entitled to charge its standard fees current as of the date the service is rendered, but all changes shall become effective only after sixty (60) days written notice to the party or parties paying the fee of the Escrow Agent. (g) Seller and Purchaser will each indemnify and save harmless the Escrow Agent against all costs, damages, attorney’s 's fees, expenses and liabilities, which it may incur or sustain in connection with this Contract, including any interpleader or declaratory judgment action brought by Escrow Agent, but excepting failure of the Escrow Agent to comply with this Paragraph 9. (h) The Escrow Agent shall have the right to resign as Escrow Agent under this Contract by giving the parties sixty (60) days written notice of intent to resign. The parties shall thereupon mutually select a successor Escrow Agent and give written notice to the Escrow Agent of such selection. If the parties fail, for any reason, to mutually select a successor Escrow Agent and give Escrow Agent written notice of such selection within sixty (60) days after mailing by the Escrow Agent of notice of intent to resign as aforesaid, then the Escrow Agent may select the successor Escrow Agent. Delivery by the Escrow Agent to the successor Escrow Agent of all documents and funds, after deducting there from therefrom its charges and expenses, shall relieve the Escrow Agent of all liability and responsibility for acts occurring after the date of the assignment in connection with this Contract.

Appears in 1 contract

Samples: Real Estate Contract (Bowlin Travel Centers Inc)

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APPOINTMENT OF AND INSTRUCTIONS TO ESCROW AGENT. The parties hereby appoint as Escrow Agent: XX Xxx 00000 Xxx Xxxxxx, XX 00000 The following papers are herewith placed in escrow: 1. Signed copy of this Contract. 2. Original Warranty Deed signed by Seller. 3. Original Special Warranty Deed signed by Purchaser. Add following information, if applicable: Name and address of mortgagee: n/a Loan No. Name and address of Escrow Agent under any other contract on the Property: n/a (a) The fee(s) of the Escrow Agent shall be paid as follows: all fees shall be paid by the purchaser If such fee(s) is/are paid wholly or in part by Purchaser, such amount shall be in addition to the amounts due from Purchaser as provided in Paragraph 2, herein. The Escrow Agent is instructed to accept all monies paid in accordance with this Contract and remit the money received (less applicable escrow fees) as follows: all proceeds are to be mailed to seller (b) All payments shall be deemed provisionally accepted when tendered, subject to determination by the Escrow Agent of the correct amount and its timeliness. (c) Upon full payment of all amounts due and owing to the Seller under this Contract by the Purchaser, the Escrow Agent is directed to release and deliver the escrow documents to the Purchaser. (d) If the Seller or his agent delivers an Affidavit of Uncured Default and Election of Termination (as described in Paragraph 5 above) to the Escrow Agent, then the Escrow Agent shall release and deliver the escrow documents to the Seller. The Escrow Agent shall be entitled to rely on such Affidavit as conclusive proof of termination. (e) The Escrow Agent is instructed that after each and every written demand is mailed to the Purchaser, pursuant to Paragraph 5 above, and a copy thereof is furnished to the Escrow Agent, not to accept less than the full amount of the sum stated as due in the written demand, plus the additional $_____________, unless otherwise stated, for Seller’s attorney’s fees. (f) The Escrow Agent is entitled to charge its standard fees current as of the date the service is rendered, but all changes shall become effective only after sixty (60) days written notice to the party or parties paying the fee of the Escrow Agent. (g) Seller and Purchaser will each indemnify and save harmless the Escrow Agent against all costs, damages, attorney’s fees, expenses and liabilities, which it may incur or sustain in connection with this Contract, including any interpleader or declaratory judgment action brought by Escrow Agent, but excepting failure of the Escrow Agent to comply with this Paragraph 9. (h) The Escrow Agent shall have the right to resign as Escrow Agent under this Contract by giving the parties sixty (60) days written notice of intent to resign. The parties shall thereupon mutually select a successor Escrow Agent and give written notice to the Escrow Agent of such selection. If the parties fail, for any reason, to mutually select a successor Escrow Agent and give Escrow Agent written notice of such selection within sixty (60) days after mailing by the Escrow Agent of notice of intent to resign as aforesaid, then the Escrow Agent may select the successor Escrow Agent. Delivery by the Escrow Agent to the successor Escrow Agent of all documents and funds, after deducting there from its charges and expenses, shall relieve the Escrow Agent of all liability and responsibility for acts occurring after the date of the assignment in connection with this Contract.

Appears in 1 contract

Samples: Real Estate Contract (Bowlin Travel Centers Inc)

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