HomeMy Public PortalAbout2018.12.13 Closing Escrow Purchase Blk 2 Lots 11-29First American Title Company
CLOSING ESCROW INSTRUCTIONS
PURCHASE
Escrow No.: 709370-MC
Officer: Stacy Kriz
Buyer: City of McCall, Idaho, an Idaho
Date: / /
To: First American Title Company, 616 North 3rd Street Suite 101, McCall, ID 83638
I/We hereby agree to purchase the hereinafter property as described in Schedule A of Commitment No. 709370-
MC situated in Valley County, Idaho for a total consideration of $40,000.00 and will on or before closing hand
you said consideration, which is payable as follows:
Earnest Money Deposit $N/A
Balance of Sales Price in the amount of $40,000.00
(closing costs and/or fees are additional)
I/We will deliver to you any additional funds and execute any instruments which are necessary to comply with the
terms hereof, all of which you may use when you hold for me a Warranty Deed from:
William Keller and Idaho Trust Bank, Co -Successor Trustees of The Family Trust created under
Article 3 of The Warren and Jayne Brown Family Living Trust U/T/A dated December 10, 1997,
amended March 31, 1998
You are authorized and instructed to issue the specified title insurance policy or policies, in the specified amounts,
to -wit:
OWNERS ALTA HOMEOWNER'S $
OWNERS STANDARD$40,000.00 OWNERS EXTENDED $
LENDERS STANDARD $ LENDERS EXTENDED $
on the property described on attached Order No.: 709370-MC
Showing title vested in: City of McCall, Idaho, an Idaho
Subject to:
1. Paragraphs 1-10 of Schedule 'B' of Owner's Commitment for Title Insurance Order No. 709370-MC, dated
November 30, 2018, Revision No. FIRST, a copy of which is attached hereto.
2. Additional documents creating exceptions that will be recorded at the time of closing:
N/A
I have read the above referenced preliminary title commitment and approve the policy of title
insurance to be issued as required by instructions to include the above vesting and exceptions:
Buyers Initials:
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Seller(s) and Buyer(s) hereby acknowledge that all contingencies and conditions on the Buy/Sell
Agreement dated 11/29/18 and addendums dated on or after 11/29/18, have been either satisfied
or negotiated outside of this escrow.
Seller initials:
PRORATE AND/OR ADJUST THE FOLLOWING AS OF 12/20/2018
-CHECK THOSE WHICH APPLY -
Buyer initials: 94t-----
▪ 1. Taxes based on the amount of the tax statement set forth below under type of taxes for the year
therein specified of the Tax Collector which has been issued prior to the close of escrow. No
liability is assumed for the 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 proration purposes, the difference, if any, will be
adjusted by the parties herein outside of escrow.) Sellers are to FORWARD to buyers any
present or future tax bills on property herein. TYPE OF TAXES: ® Real Property 2018 ❑
Mobile Home ❑ Personal Property
❑ 2. Rents/Security Deposits
❑ 3. Condo or Homeowner's Association Dues
❑ 4. City Water/Sewer
❑ 5. City/County SID's (State Specific)
❑ 6. Other
Seller initials:
Buyer initialsG
LOAN CALCULATIONS/PAYOFFS
Loan amounts shown in seller(s) and buyer(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.
Seller initials: Buyer initials:
WATER RIGHTS
The parties acknowledge that First American Title Company is not responsible for the transfer of any water, or
water rights.
I hereby agree to hold you harmless from the failure of the transfer of water to myself regardless of the reason
or cause. If any transfer of water is being done, it is an accommodation for me. I understand that you have not
made a search of the water rights to this land. I further understand that you are not making any representation
and warranty concerning said water rights.
Seller initials:
Buyer initials: ?
GENERAL PROVISIONS
AUTHORIZATION TO FURNISH COPIES
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You are authorized to furnish a copy of these instructions, amendments thereto, settlement statements and any
other documents deposited in this escrow, except as noted in the paragraph immediately below, only to
lender(s), real estate agent(s), broker(s) and/or attorney(s) involved in this transaction ("interested third parties")
upon request.
The Closing Disclosure will not be provided to interested third parties or to an outside party. This is mandated
by the new privacy regulations, lenders' requirements, and for the protection of NPPI (Non -Public Personal
Information).
First American Title Company is hereby authorized and instructed to insert appropriate addresses on any and all
documents generated by this escrow, that may or may not have been previously signed by buyers and/or sellers
herein.
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 a mark up over the direct cost of
such services to reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such
services.
RECONVEYANCE
In the event a lender who is paid in full in connection with this escrow, fails to timely forward the paid Note and a
request for reconveyance of the paid Deed of Trust, the escrow holder acting as trustee and title insurer may use
the procedures outlined in state statutes and regulations to effect a reconveyance of the Deed of Trust. Among
other provisions of this chapter is the following: 'The reconveyance of a trust deed pursuant to this chapter shall
not itself discharge any personal obligation that was secured by the trust deed at the time of its reconveyance."
DEPOSIT OF FUNDS AND DISBURSEMENTS
All disbursements shall be made by your check. You are authorized not to close escrow or disburse until good
funds, as provided for in state statutes and regulations have been confirmed. All funds received in this escrow
shall be deposited in one or more of your general escrow accounts with any bank doing business in said State
may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties
to this escrow, you may hold funds as otherwise instructed herein.
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. Recordation of any instrument delivered through this escrow, if necessary or
proper in the issuance of a policy of title insurance called for, is hereby authorized.
CONFLICTING DEMANDS OR CLAIMS
Should you, 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, you 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 conflict. The provisions herein shall include, but are not limited to,
conflicting demands or disputed claims relating to the real estate commissions and/or brokerage fees.
ATTORNEYS FEES, COST/SUIT IN INTERPLEADER
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 without limiting the generality of the foregoing, as 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.
RIGHT OF CANCELLATION
If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with
any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver a
written notice to the other party and escrow agent demanding that said other party comply with the terms hereof
within ten days from the receipt of said notice by escrow agent that these instructions shall hereupon become
canceled. When the written notice is delivered to escrow agent by the party so electing to cancel, escrow agent
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shall within 5 days thereafter send a copy of said notice to the other party in the manner provided by law and the
usual practices of the escrow agent. In the event said other party shall fail within said ten day period to comply
with all of the terms hereof, these instructions shall become canceled and escrow agent is thereupon authorized:
(a) first, to pay to the party electing to cancel any earnest money deposited hereunder by said other party, after
deducting any charges: (b) second, to pay to said other party, any other money deposited hereunder by said
other party, after deducting any charges remaining unpaid; (c) third, to pay to the party electing to cancel, any
money deposited by said party, after deducting any charges remaining unpaid; and (d) fourth, to return all
documents deposited hereunder to the party who delivered the same except documents executed by more than
one party, which shall be marked "canceled" and retained in the files of escrow agent.
LEGAL ADVICE
Both Seller and Buyer acknowledge by their signatures hereon the following: I have been specifically informed
that First American Title Company (hereinafter designated as "First American Title Company") is not licensed to
practice law and no legal advice has been offered by First American Title Company or any of its employees. I
have been further informed that First American Title Company is acting only as escrow agent and that it is
forbidden by law from offering advice to any party regarding the merits of this escrow transaction or the nature
of the instruments utilized, and that it has not done so. I have not been referred by First American Title
Company to any named attorney or attorneys or discouraged from seeking advice of any attorney, but have
been requested to seek legal council of my own choosing at my own expense, if I have doubt concerning any
aspect of this transaction.
CONSUMER COMPLAINTS
If you have a concern or complaint about the settlement services or title insurance you received from us, please
contact our compliance team at:
cfpb@titlefc.com or
Title Financial Corporation
Compliance Department
P.O. Box 580
Blackfoot, Idaho 83221
PREPARATION OF FORM DOCUMENTS
I further declare all instruments to which I am a party, if prepared by First American Title Company, have
been prepared under the direction of my attorney, agents acting in my behalf, or myself, at my direction or
request, and particularly declare that copying legal descriptions from title reports onto forms of deeds, etc., or
reforming of legal descriptions or agreements, is or will be solely at my direction or request.
PERSONAL PROPERTY TAXES
No examination or insurance as to the amount or payment of personal property taxes is required unless
specifically requested.
TAXPAYER REPORTING INFORMATION
The Seller(s) acknowledges that Federal Law requires First American Title Company to report this transaction to
the Internal Revenue Service on Form 1099.
FACSIMILES/ELECTRONIC DOCUMENT DELIVERY
In the event Seller and/or Buyer utilize facsimile or electronically transmitted documents, Seller and Buyer agree
to accept and instruct First American Title Company to rely upon documents as if they bore original signatures.
Seller and Buyer agree to provide the documents bearing the original signatures within 5 days of transmission.
Seller and Buyer acknowledge and agree that any documents necessary for recording may not be accepted by the
County Clerk and Recorder, with facsimile or electronically transmitted signatures, thus delaying the close of
escrow.
AMENDMENTS TO ESCROW INSTRUCTIONS
Any amendments of and/or supplements to any instructions must be in writing. If any "Earnest Money
Agreements," "Receipt and Agreements to Purchase" or the like are attached to these instructions and one or
more terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless,
control.
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FINANCIAL SOLVENCY
Both Seller and Buyer hereby agree to hold First American Title Company harmless from all liability due to the
financial status or insolvency of any other party, or any misrepresentation made by any other party and any loss
or impairment of funds that have been deposited in escrow that 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.
We have been afforded adequate time and opportunity to read and understand these escrow
instructions and all other documents referred to therein.
I/We approve of the foregoing instructions, agree to be bound thereby, and will deliver to you documents,
instructions and/or funds required within the time limits specified herein, which you are authorized to deliver
when you can issue your policy of title insurance as set forth above. You are instructed to use the funds and
record the documents to comply with said escrow instructions and to pay all encumbrances of record necessary,
without further approval including prepayment penalties, to show title as herein provided. I agree to pay your
usual escrow fees, drawing of documents and such other charges which are advanced for my account regardless
of the consummation of this escrow. I also agree to pay title insurance premiums and recording fees which are
properly chargeable to me.
Dated: /aZ /11/ 4
BUYER(S):
City of McCall, Idaho
I
e: Jackie. mon
itle: Mayor
Address:
216 East Park Street
McCall, ID 83638
SELLER(S): The Warren and Jane Brown Trust Family Living Trust
Jayne J. Brown and Frank E. Brown (or their
duly qualified successor or successors), Co -
Trustees of The Family Trust created under
Article 3 of The Warren and Jayne Brown Family
Living Trust U/T/A dated December 10, 1997,
amended March 31, 1998
William Keller, Co -Successor Trustee
Randy Hoffman, Co -Successor Trustee
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F i n a n c i a l c o m p a n i e s c h o o s e h o w t h e y s h a r e y o u r p e r s o n a l i n f o r m a t i o n . F e d e r a l l a w g i v e s c o n s u m e r s t h e r i g h t t o l i m i t
W h y ? s o m e b u t n o t a l l s h a r i n g . F e d e r a l l a w a l s o r e q u i r e s u s t o t e l l y o u h o w w e c o l l e c t , s h a r e , a n d p r o t e c t y o u r p e r s o n a l
i n f o r m a t i o n . P l e a s e r e a d t h i s n o t i c e c a r e f u l l y t o u n d e r s t a n d w h a t w e d o .
T h e t y p e s o f p e r s o n a l i n f o r m a t i o n w e c o l l e c t a n d s h a r e d e p e n d o n t h e p r o d u c t o r s e r v i c e y o u h a v e w i t h u s . T h i s
i n f o r m a t i o n c a n i n c l u d e :
W h a t ? " S o c i a l S e c u r i t y n u m b e r a n d e m p l o y m e n t i n f o r m a t i o n
" M o r t g a g e r a t e s a n d p a y m e n t s a n d a c c o u n t b a l a n c e s
" C h e c k i n g a c c o u n t i n f o r m a t i o n a n d w i r e t r a n s f e r i n s t r u c t i o n s
W h e n y o u a r e n o l o n g e r o u r c u s t o m e r , w e c o n t i n u e t o s h a r e y o u r i n f o r m a t i o n a s d e s c r i b e d i n t h i s n o t i c e .
A l l f i n a n c i a l c o m p a n i e s n e e d t o s h a r e c u s t o m e r s '