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HomeMy WebLinkAboutContracts & Agreements_145-2013_CCv0001.pdf � ° CHICAGO TITLE ke;COMPANY ESCROW INSTRUCTIONS Debra Lopierre, Escrow Officer Date: August 15, 2013 Chicago Title Company Escrow Nm.: 7101312964-L)L 560 E. Hospitality Lane Property: VaoontLgnd San Bernardino, [A824U8 Redlands, CA82373 Phone: (880)722-0824 Fax: (900)384-7858 CURT|8S B. ALLEN. TRUSTEE OF THE CURT|8S B. ALLEN TRUST OF 1995 AND CITY OF REDLANDS,AKAUN|C|PAL CORPORATION Chicago Title Company iminreceipt ofthat certain Agreement ofPurchase and Sale and Joint Escrow Instructions (hereinafter referred to as "Agreement"), dated July 16. 2013 by and between Curtiss B. Allen, Trustee of the Curtiss B. Allen Trust of1gS5 (hereinafter referred to as "Seller") and City of Redlands, e KAunk:ipo| Corporation (hereinafter referred b000"Buyer')and hereby agrees to: A� Accept the herein above referenced Agreement under our Escrow No. 7101312964. and be Escrow Holder under said Instructions; and R Be bound by said Instructions in the performance ofits duties as Escrow Holder; pnovidad, however, the undersigned ehoU have no obligations, liability or responsibility under any amendment to said Instructions unless and until the same beexecuted byall parties. C ADDITIONAL INSTRUCTIONS: Sales Price$4O.5OO.00 LEGAL DESCRIPTION T{JREAD AS FOLLOWS: The land referred boherein below iasituated inthe County ofSan Bernardino, State ofCalifornia, and iodescribed eofollows: For APN8Pwr:aUID(m): 0308-231-24-0000 The Northeast 114 of Lot 8, Section 7, Township 2 South, Range 2 West, San Bernardino and Meridian, County of San Bernardino. State of California, according to Government Survey. Excepting therefrom 2596 of all oii, mineral and gas rights as reserved in the deed from Basil V. Hoffman et ux. recorded January 7. 1964 in Book 6061 Page 185, Official Records. Buyer and Seller have received a copy of Preliminary Title Report, issued by Chicago Title Company, dated August 4, 2013, and items 1, 3 through 6 will remain at the close of escrow. ( Y�" S ^lbee ) Buyers bohad Escrow oCertificate ofAcceptance, signed for recording. "AS IS" CONDITION: The buyer herein is purchasing subject property in its present physical condition and without any other representation by ae||er, broker, real estate agent or Emonzw Holder, FOR SALE BY OWNER: The parties hereto'understand and acknowledge that the duties ofthe escrow holder are|innibad solely to the specific provisions incorporated in these instructions. Functions that would Wrap Instructions pxnxm: nom.o@ozuepmuy z ` ~ ESCROW INSTRUCTIONS normally be handled by a real estate licensee, including but not limited to, the preparation of purchase agreements and disclosures, notification of required City, County or State disclosure reports, ordering of any reports and inspections, and representing the physical conditions of improvements and the real property, shall all be the total responsibility of the principals to this transaction. Chicago Title Company recommends the parties hereto obtain the opinion of an attorney or the advice of a real estate agent on any particulars pertaining to the transfer of subject property. The parties further relieve Chicago Title Company from all liability whatsoever in connection with such matters. D. THIS ACCEPTANCE OF ANY AGENCY AS ESCROW HOLDER IS FURTHER CONDITIONED ON THE FOLLOWING: 1Escrow Holder's General Provisions and Additional Provisions are attached hereto and made part hereof bvthis reference; 2. Escrow Holder shall not be required to determine default of any party and reserves the right to require mutual disbursement instructions inthe event such disbursement ishobamade pursuant to termination of escrow or liquidated damage provision contained in said Agreement; 3. Escrow Holder reserves the right to require the parties to deliver written eppnova|, satisfaction or waiver of all conditions precedent to (a) any release of funds and/or(b) close of this escrow; 4. Any provisions for release (payment) of funds prior to the close of this oacnxw is made with knowledge of the condition(s) of escrow and title to the property that is the subject of this escrow, The Escrow Holder shall have no responsibility or liability except compliance with any such release (payment) instruction and any payment so made iswithout recourse upon Chicago Title Company; 5. All parties understand that Chicago Title Company may not be ob|a to provide underwriting approval with regard to issuance of po|ioy(ies) of title insurance requested herein without a reasonable period of time to review all requirements and documentation supporting oorne. This review will require a minimum of three (3) working days. Copies ofdraft documentation will be accepted bucommence underwriting approval process: O. Buyer shall furnish Escrow Holder with a completed Preliminary Change of Ownership report required by the County Assessor, to be attached to the Grant Deed recording herein. If Escrow Holder is not in receipt of said form prior to the close of this encnzw, or if said form is not completed or acceptable to the County Recorder, Buyer agrees to pay an additional recording fee ofNinety-Seven AndNo/100Do||aro ($97.00). emountforadditiona| reoordingfeethnough. ond. at the closing ofthis escrow, 7. Chapter 598, Statutes of 1980. effective January 1. 1990 mandates certain hold periods for any type of check (including Cashier's Checks) being deposited in this escrow prior to disbursement being able to bake place. Delays in closing and/or delays in release of funds prior to closing will occur iffunds bvother than obank wire. Our wire instructions are esfollows: Union Bank 188OSaturn Street Monterey Park, CA81755 ABA: 122000496 ACCT: 9101051085 CREDIT: Chicago Title Company ESCROW OFFICER: Debra LaPierre ESCROW NO.: 7101312984-[)L Wrap Instructions Printed: 08.1513@02:2epmuvoL aux000031 1,uoc/upumted: 06.20-13 Page CA-cT-rwIw-02180.055716'7101312964 ^ " ESCROW INSTRUCTIONS |nthe event Escrow Holder|orequested hotransmit funds bvwire transfer, provided that funds are wired in accordance with written instructions, Chicago Title Company shall not be liable for any act or omission of any financial institution or any other person. nor shall Chicago Title Company have any |imbUih/ for loss of funds or inhanaat thereon. Should Chicago Title Company fail to follow said written instructions then, in no event will damages exceed inbsnsat at nate equal to Fed Funds mate, adjusted doi|y, for the number ofdays that such funds are unavailable. CHICAGO TITLE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT WHETHER THE LIKELIHOOD OF SUCH DAMAGE WAS KNOWN TO CHICAGO TITLE COMPANY. The undersigned shall indemnify and hold harmless Chicago Title Company, its successors or aosi8ne, from any |ooe. liability and costs incurred as a result of any incorrect information supplied. 8. Facsimile Signature: 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 at the closing of escrow as if they bone original signatures. 9. PorUoo to this transaction are aware and understand that as a result of the passage of the Tax Reform Act of1S8O. which added Section 6045(e) to the Internal Revenue Code, the closing of this transaction will be delayed in the event Seller(s) to this escrow should refuse to remit to EsonmvAoant/Ho|der. prior to the close of escrow, ''Rae| Estate Reporting 8oUcitadion^, with all necessary information fully completed and duly executed. 10. Pombom to this transaction understand that in accordance with Section 18662 of the Revenue and Taxation Code, Escrow Holder will be providing the Parties with the required NOTICE OF TAX WITHHOLDING REOU|REK8ENTS, and the closing of this transaction will be delayed in the event any party to this escrow should refuse to remit to Escrow Ho|der, prior to ckzsing, their written acknowledgment ofreceipt ofsaid Notice. 11. Escrow Holder shall not be concerned with. or liable for payment, aduatmant, or proration of supplemental taxes assessed pursuant to Chapter 498, Statutes of 1883. State of California, unless specifically reflected on the Tax Assessor's rolls. All assessments not sown on the tax rolls are bobeadjusted outside ofescrow. The title policy will contain anexception for the lien of any assessment of Supplemental Taxes assessed pursuant to Chapter 498, Statutes of 1983. 12 For your information, Chicago Title Company is licensed by the California Department of Insurance. 11 In the event Eeu/nvv Holder is to deposit any funds into an interest bearing account, at the nahs offered at time ufinvestrnent(s). depositing party will place into escrow oonlp|ebsd VV-9 form to meet bank's investment requirements prior to deposit offunds, and parties are further aware that ocharge ofwill bnassessed for opening ofsaid account. 14� For clarification purposes only, items stated below in agreement are ofnoconcern to Escrow Holder, and escrow is released of any further liability and/or responsibility with same: 3.2, 5.6 and 87 refers to specific items of the contract that Escrow Holder has no concern with. Legal Description to read as follows: For APN/Parcel I -24-0000 The Northeast 1/4ofLot 8. Section 7, Township South, Range 2 VVeat, San Bernardino and Meridian, County of San Bernardino, State of California, according to Government Sun/ay. Wrap Instructions Printed: 08.15-13 @ 02:29pmbyoL acA000031 I uoo/Updated: 06-20-13 Page oA-Crrvww-02180o5571e-71013/2964 ` ^ ESCROW INSTRUCTIONS Excepting therefrom 25Y6ofall oil, mineral and gas rightsmaneoenxad |nthedeedfnJmBonU\( Hoffmanetm( recorded January 7, 1SO4inBook 6O61 Page 1O5. Official Records. If it is deemed necessary by Escrow Holder, Sellers and Buyers herein authorize and instruct Eeunmv Holder to release funds from Buyer's deposit to cover the costs of appraisal, credit report, demands, association documents, federal express orany other charge tmcomplete the closing ofthis escrow, Buyer and Seller are aware that funds may bereleased prior tothe close ofthis escrow and are non-refundob|e, The Escrow Fee payable upon close of this escrow is Five Hundred Ninety-Six And No/100 Dollars($596.00) plus documentation fees, and istobedivided between the parties aeprovided inthe Agreement. VVeappreciate this opportunity toserve you. Please notify ueimmediately inthe event there are changes interms, documentation ortime periods set forth. Wrap instructions pnnmd: ouxapwuy DL acA000031 1.uc*/Updated: 06-20.13 Page cx�T-pW/w-02/80o55716-7101312ee4 GENERAL PROVISIONS 1.DEPOSIT OF FUNDS The law dealing with the disbursement of funds requires that all funds be available for withdrawal as a matter of right by the title escrow and/or sub escrow account prior to disbursement of any funds.Only cash or wire-transferred funds can be given immediate availability upon deposit.Cashiers 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 funds into eu interest bearing account by signing and returning the"Escrow Instructions-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 o, ao,inQo and loan uesmciednn insured by the Federal Dapnmk Insurance Comumdun (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 California,A general escrow trust account is restricted and protected against claims by third parties and creditors of Escrow Holder and its affiliates, Receipt fbenefits by Escrow Holder d affiliates. The partiesto this cx | d that the maintenanceofsuch 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. Some or all of these benefits may be considered interest due you under California Insurance Code Section 12413.5. 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 to 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 opooifiom|ly state that funds amo|| be deposited in an /merest-bearing account.All disbursements shall homade bycheck o|Chicago Title Company.The principals tothis 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 toplacement ofwires. In the event there is insufficient time to place a wire upon any such nnn5nnouion n,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 HELD IN TRUST IN A NON-INTEREST BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE PLACEMENT. o.pRoRxTmmSAND ADJUSTMENTS 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 tax matement, ren/a| statement as provided by the 0oxor, beneficiary's statement and fire insurance policy delivered into escrow for the prorations provided for herein. 3.SUPPLEMENTAL TAXES The within described property may bosubject to supplemental real property taxes due to the change of ownership taking place through this escrow. Any supplemental mu| property taxes arising as a result of the transfer of the property to Buyer shall be the sole responsibility of Buyer and any supplemental mu| property taxes arising prior to the closing date shall be the sole responsibility of the Seller. T/0( BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4.uTmnES/poGSESS|ON Transfer ofutilities and possession of the premises are oobesettled bythe parties directly and outside escrow. s.PREPARATION AND RECORDATION OFINSTRUMENTS Escrow Holder is authorized to pmopa,m, obuain, record and deliver the necessary instruments to carry out the*enno 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. e.AUTHORIZATION ToFURNISH COPIES You are authorized to furnish copies of these instructions, supplements, amendments, notices of cancellation and closing statements,to the Real Estate Bmker(s)and uandoKa)named inthis escrow, Wrap Instructions Printed: ouzenwbaoL aowonoo,I.uoo/upuamu: 0620,13 Page oA-CT-nww-02180-056716-7/01312964 ^ GENERAL PROVISIONS (continued) rRIGHT op CANCELLATION Any principal instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall,within two (2)working days thereafter,deliver,one(1)copy/fsuch notice meach ofthe other principals authe addresses stated inthis escrow.UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE BY PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE OF SUCH DEuvERY, YOU ARE AUTHORIZED TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are authorized to hold all money and instruments in this escrow and take no further action until otherwise directed,either by the principals'mutual written instructions,or by final order of a court of competent jurisdiction. o.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 Ge|ao^ requirements, and instruct Euc,nn Agent to proceed with the closing of escrow without any consideration of matter of any nature whatsoever regarding"Bulk Sales"being handled through escrow. y.RIGHT oF RESIGNATION Escrow Holder has the right to resign upon written notice delivered to the principals herein. |fsuch right ieexercised,all funds and documents shall be returned to the party who deposited them and Escrow Holder shall have no liability hereunder. 1o.AUTHORIZATION TOEXECUTE ASSIGNMENT OFHAZARD INSURANCE POLICIES Either Buyer, Soon,and/or Lender may hand you the ionvmnca agent's name and insurance policy in*nnnat|oo, and you are to exeuu»a, on behalf of the principals hengn. «onn assignments of interest in any insurance policy (other than title |ooumooa) called for in this esomw, forward assignment and policy 0mthe insurance agent, requesting that the insurer consent oo such transfer and/or attach o loss payable clause and/or such other endorsements as may be mquied, and fnmmnd 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 atclose ofescrow. Further,there shall be no responsibility upon the part of Escrow Holder to renew hazard insurance policy(s)upon expiration or otherwise keep i,inforce either during orsubsequent to the close of escrow. Cancellation of any existing hazard insurance policies is to be handled directly Uythe principals,and outside ofescrow. 11.ACTION|mINTERPLEADER The principals hereto expressly agree that you, as Eucxn* Mo|Uu,, have the absolute right atyour election k`file on action in in»a,p|oaUo, requiring the principals to 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 this escrow. In the event such action is filed,the principals jointly and severally agree to pay your cancellation charges and costs,expenses and reasonable attorney's fees which you are required to expend or incur in such interpleader action,the amount thereof mb*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. 12.TERMINATION OFAGENCY OBLIGATION If there is no action taken on this escrow within six (6) months after the ''dmo limit date" on set forth in the osu`mv instructions or written extension thereof, your agency obligation shall terminate at your option and all ducumema, monies mother items held by you ooaU be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the principals or otherwise,the fees and charges due Chicago Title Company, including expenditures incurred and/or authorized shall be borne equally by the parties hereto(unless otherwise agreed mspecifima|ly) 1o.CONFLICTING INSTRUCTIONS Upon receipt nfany conflicting instmctions, you are to take no action in connection with this escrow until non-conflicting instructions are received from all ofthe principals mthis escrow(subject tmsections 7.9. 11 and 12ubove). 14.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 mberendered uythe court insaid suit. 15.DEUvERv/RBCE|PT Delivery to principals as used in these instructions vn|aus otherwise stated herein is to be by hand in person mthe principal, regular mail, email or fax to any of the contact information provided in these instructions, If delivered by regular mail receipt is determined to be 72 hours after such mailing. All documents, balances and statements due tothe undersigned may bedelivered mthe contact information shown herein. All no/iceo, 000ngo of inutruodoos, communications and documents are to be de|hmnod in writing to the office of Chicago Tide Company asset forth herein. Wrap Instructions Printed: 08.15.13 @ocuepwoy DL soA000031 1 duo/Updated: 06.20.13 Page cA-uT-rw/w-02180o55/16-710131296* , ` GENERAL PROVISIONS (continued) |m. CODE NOTIFICATIONS According to Federal Law,the Seller,when app|iouble, will be required to complete a oahm activity report that will houtilized mgenerate o 1oSgstatement mthe Internal Revenue Service, Pursuant to State Law,prior to the close of escrow, Buyer will provide Escrow Holder with a Preliminary Change of Ownership Report. In the event said report is not handed to Escrow Holder for submission to the County in which subject property is looateu, upon recording of the Grant Deed, Buyers acknowledge that the applicable fee will be assessed by said County and Escrow Holder shall debit the account of Buyer for same atclose ufescrow. |7.NON-RESIDENT ALIEN The Foreign Investment in Real Property Tax Act(RRPTA).Title 26 U.S.C., Section 1445, and the regulations there vngwr, provide in part, that a transferee (buyer) of a U.S. real property interest from a foreign person (non-resident alien) must withhold a tax equal to ten percent (1UY6)ofthe amount realized unthe disposition,report the transaction and remit the withholding tuthe Internal Revenue Service within twenty (20) days uVe, the transfer. Chicago Title Company has not and will not participate in any determination ofwhether the RnPTA tax provisions are applicable mthe subject tranmactiun, nor act as o Qualified Substitute nor furnish tax advice to any party mthe transaction. Chicago Title Company isnot responsible for determining whether the transaction will qualify for an exception o,anexemption and is not responsible for the filing n[any tax forms with the miomu| Revenue Service as they m|a0a to F\RPTA. CmcuQn Title Company is not the agent for the buyer for the purposes of receiving and analyzing any evidence or documentation that the Seller inthe subject transaction |sa U.Scitizen o,resident alien.The buyer is advised they must independently make a determination of whether the contemplated transaction is taxable o, non-taxable and the applicability of the withholding requirement to the subject oonsoction, and should seek the advice of their attorney or accountant. Chicago Title Company is not responsible for the payment of this tax and/or and penalty and/or interest incurred in connection therewith and such taxes are not a matter covered by the Owner's Policy of Title Insurance to be issued to the Buyer.The Buyer is advised they bear full responsibility for compliance with the tax withholding requirement if applicable and/or for payment of any tax,interest, penalties and/or other expenses that may bodue onthe subject transaction. 18.ENCUMBRANCES Escrow Holder iamact upon any statements furnished by a lienholder or his agent without liability or responsibility for the accuracy of such statements. Any adjustments necessary because of discrepancy between the information furnished Escrow Holder and any amount |eb*, determined to be correct shall be settled between the parties direct and outside of escrow. You are authodzod, without the need for further approval, to debit my account for any fees and charges that | have agreed to pay in connection with this escrow,and for any amounts that|umobligated topay mthe holder ofany lien o,encumbrance mestablish the title oo insured bythe policy o[title insurance called for in these instructions, If 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. 19.ENVIRONMENTAL ISSUES Chicago Title Company has made no investigation concerning said property as to environmental/toxic wasteenvironmental/t| issues. Any dun Umganma required or needed to determine environmental impact as to forms of toxification, if applicable, will be done directly and by principals outside of escrow.Chicago Title Company is released of any responsibility and/or liability in connection therewith. 20.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 nfany responsibility orliability tomvefnna. 21. DISCLOSURE Escrow Holder's knowledge of matters affecting the property, provided such facts do not prevent compliance with these instructions,does not create any liability nrduty inaddition oothese instructions. uo.FACSIMILE/ELECTRONIC SIGNATURE Escrow Holder is hereby authorized and instructed that, in the event any party utilizes electronic or"facsimile"transmitted signed documents o/ instructions to Eacnn° Holder, you are to rely on the eomo for all wmornw instruction purposes and the closing o,escrow as if they uona original signatures,'Electronic Signature"means,as applicable,an electronic copy or signature complying with California Law. 23.CLARIFICATION oFDUTIES Chicago Title Company serves ONLY as an Escrow Holder in connection with these instructions and cannot give legal advice tu any party hereto, Emom* No|dm, in not to be held accountable or liable for the sufficiency or correctness as to hunn, manner vfexecution, or validity of any instrument deposited inthis escrow, nor aabothe ident*y, authority nrrights ofany person executing the same. Escrow Holders duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of such ioouuments, 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. Wrap Instructions o @ 02:29pwvy DL scx000031`duo/Updated: 06.20.13 Page oA-Crpw/w-0e180.05571e-7101312e64 GENERAL PROVISIONS (continued) 24.FUNDS HELD IN ESCROW When the company has funds remaining in escrow over ninety(90)days after close of escrow or estimated close of escrow,the Company shall impose a monthly holding fee of Twenty-f=ive and Noli 00 Dollars{$25.00}that is to be charged against the funds held by the Company, 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 PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND THESE GENERAL PROVISIONS. Chicago Title Company conducts escrow business under a Certificate of Authority No. 350 issued by the California Department of Insurance. END OF INSTRUCTIONS IN WITNESS WHEREOF,the undersigned have executed this document on the date(s)set forth below. BUYERS): City of Re Ian s BY: Date Attest: Forwarding Address: Sam Irwin`, it Clerk Phone' Fax' Email: SELLERS): Curtiss B.Allen; Trustee of the Curtiss B.Allen Trust of 1995 PLEASE COMPLETE iGN ET BY: 'roll -�-. 1 `.y.�' Date URN Curtiss B.Allen, Trustee Forwarding Address: k Phone: Fax; a Email: Wrap Instruc5ons Printed: 08.15.13 @ 02:29PM by DL SCA0000311.doc r Updated: 36.20.13 Page a CA-CT-R-VIN-42180.055716.71 01 31 296# ` . � PRIVACY STATEMENT Effective Date: May 1, 2008 Order No.: 7101312904-DL Fidelity National Financial, Inc, and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF`s privacy pnactiues, including how we use the Pmnmoned |nfonnednn we receive from you and from other specified aoumes, and to whom it may be disclosed. FNF hd|cxws the privacy practices described in this Privacy Statement and, depending on the business perfonned. FNF companies may ahona information as described herein. PERSONAL INFORMATION COLLECTED VVemay collect Personal Information about you from the following sources: ° Information we receive from you on applications orother forms, such as your nonle, addn*as, social security number, tax identification number, asset information, and income information; * Information we receive from you through our Internet websites, such as your name, addneoa, email address, Internet Protocol addreem, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or ean/iceo performed by us, our mfO|iatea, or others, such as information concerning your po|iny, pnenn|unne, payment hkstory, information about your home or other real property, information from lenders and other third parties involved in such transaoUon, account balances, and credit card information; and • Information vvoreceive from consumer orother reporting agencies and publicly recorded documents. DISCLOSURE OF PERSONAL INFORMATION We may provide your Personal Information (excluding information we receive from consumer orother credit reporting agencies) to various individuals and companies, as permitted by |avv, without obtaining your prior authorization. Such |smvo do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, bnxkers, repnaaentativan, support organizations, or others to provide you with services you have requested, and toenable us todetect orprevent criminal autivity, haud, nnab*ha| misrepresentation, ornondisclosure inconnection with eninsurance transaction; • To third-party contractors or service providers for the purpose ofdetermining your eligibility h}ran insurance benefit or payment and/or providing you with services you have requested; w Tooninsurance regulatory authority, orelaw enforcement orother governmental authority, inocivil action, in connection with msubpoena oragovernmental investigation; • To companies that perform marketing services on our behalf orbo other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance oren interest in title whose claim orinterest must be determined, settled, paid or released prior to a title or escrow closing. Privacy Statement pnmeo: 081513 @ 02:29nmuvoL uo«ocmoo,lnpu/unummd: 06.2013 Page cx-crrw/w-02180u55/16-7101312964 , PRIVACY STATEMENT Effective Date: May 1, 2008 (continued) We may also disclose your Personal Information to others when we be|ieve, in good fgith, that such disclosure is reasonably necessary to comply with the law or to protect the safety ofour customers, mnnp|oyean, or property and/or hocomply with ejudicial proceeding, court order orlegal process. Disclosure to Affiliated Companies: We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance *ompaniee, agenta, and other real estate service providers to provide you with services you have nequeatad, for marketing or product development naseorch, or to market products or aen/imae to you. We do not hovvever, disclose information we collect from consumer orcredit reporting agencies with our affiliates or others without your consent, in conformity with applicable |sxw, unless such disclosure isotherwise permitted bylaw. Disclosure to Nonaffiliated Third Parties: We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except oooutlined herein orasotherwise permitted bylaw. CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION We restrict access b) Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain phyaioa|, e|ectronin, and procedural safeguards that comply with federal regulations toguard Personal Information. ACCESS TO PERSONAL INFORMATION / REQUESTS FOR CORRECTION, AMENDMENT, OR DELETION OF PERSONAL INFORMATION As required by applicable |smv, we will afford you the right to access your Personal |nfonnebon, under certain circumstances tofind out howhom your Personal Information has been dieo|used, and request correction or claims.deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than vour state's required record retention requirements for the purpose of handlinq future For your protection, all requests made under this section must be in writing and must include your notarized identity.signature to establish your Where permitted by |mm, we may charge a reasonable fee hocover the costs incurred in responding hosuch requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc, 8O1Riverside Avenue Jacksonville, FL 32204 CHANGES TO THIS PRIVACY STATEMENT This Privacy Statement may beamended from time totime consistent with applicable privacy laws. When we amend this Privacy Statement,we will post a notice of such changes on our website. The effective date of this Privacy Sbybement, as stated above, indicates the last time this Privacy Statement was revised or materially changed, Privacy Statement Printed: o nooepwu/cu acu0000311*oo/u»umte& ou.uoAa Page 10 oA-orFvww-021800e5716'7101312ee4 (VCHICAGO,. ITLE SUPPLEMENTALREPORT ICOMPANY City of Redlands Title Officer: Dan Dulin 210 E. Citrust Avenue Esc. Officer: Debra LaPierre Redlands, CA 92373 Property: Vacant Land Redlands, CA 92373 Buyer(s): City of Redlands Sellers): Curtiss B. Allen, Trustee of the Curtiss B. Allen Trust of 1995 Order No.: 7101312964-DD The above numbered report dated August 4, 2013 including any supplements or amendments thereto, is hereby modified and/or supplemented in order to reflect the following: The following items/notes have been changed on your report: ITEMS,- 6. TEMS:6. Deed From F.L. Knuckey, a married man as his sole and separate property to Basil V. Hoffman and Ernestine Hoffman, husband and wife, as joint tenants recorded May 9, 1956 in Book 3932 Page 507, Official Records, recites: "Reciprocal easement to the record owners of the North 1/2 of the Southeast 1/4 or Govenment Lots 7 and 8, Section 7, Township 2 South, Range 2 West, San Bernardino Meridian, for ingress and egress over existing roads now in use." The following items/notes have been intentionally deleted from your report: ITEMS: 5. Supoementa,Repo,,-ExceptionsGrn ed: 09,19.13 1 03 9 y 1R SSCCRP[0950 doe,"Updated: 47.29.13 age of 2 CA CT F IIN u218t 055716-71,101312964 SUPPLEMENTAL REPORT (continued) For title inquiries, please contact the issuing office: Chicago Title Company Phone: (800)722'0824 550E. Hospitality Lane Fax.- (909)384'79018onBernerdino. CA02408 For settlement inquiries, please contact the settlement office: Chicago Title Company Phone (800)722-0824 560 E. Hospitality Lane Fax.- (909)384'7858 San Bernardino, CAQ24O8 � Supplemental Date: September 19, 2013 Countersigned By: Authorized Officer or-Agent Supplemental Report Exceptions Printed: 09,19,13 @ 11:03AM by MR Seller: Curtiss B. Allen, Trustee of the Curtiss B. Allen Trust of 1995 305 (Myrtle Street Redlands, CA 92373 Property: Vacant Land Redlands, CA 92373 Lot(s): 8 San Bernardino Base and Meridian Section: 7 Parcel ID(s): 0300-231-24-0000 DEBIT CREDIT FINANCIAL CONSIDERATION Contract sales price 48,500.00 Buyer's funds to close City of Redlands 49,045.00 PROBATIONS/ADJUSTMENTS County taxes 07/01/13 to 10/04/13 (196.29/180 X 93 days) 101.42 TITLE& ESCROW CHARGES Escrow Fee Chicago Title Company 298.00 RECORDING'CHARGES Government recording charges Chicago Title Company 18.00 Subtotals 48,816.00 49,146.42 Balance Due TO Buyer 330.42 TOTALS 49,146.42 49,146.42 Chicago Title Company 560 E. Hospitality Lane, San Bernardino, CA 92408 Phone: (800)722-0824 1 FAX: (909)384-7858 ESTIMATED BUYER'S STATEMENT Settlement Date: August 30, 2013 Escrow Number: CIE-716-7101312964 Disbursement Date: August 30, 2013 Escrow Officer: Debra LaPierre Buyer: City of Redlands 210 E. Citrust Avenue Redlands, CA 92373 Seller: Curtiss B. Allen, Trustee of the Curtiss B. Allen Trust of 1995 305 Myrtle Street Redlands, CA 92373 Property: Vacant Land Redlands, CA 92373 Lot(s)-1 8 San Bernardino Base and Meridian Section: 7 Parcel ID(s): 0300-231-24-0000 DEBIT CREDIT FINANCIAL CONSIDERATION Contract sales price 48,500.00 PRORATIONS/ADJUSTMENTS County taxes 07/01/13 to 08/30/13 (196.29/180 X 59 days) 64.34 TITLE & ESCROW CHARGES Escrow Fee Chicago Title Company 298.00 RECORDING CHARGES Government recording charges Chicago Title Company 97.00 MISCELLANEOUS CHARGES refundable pad TBD 150.00 Subtotals 49,045.00 64.34 Balance Due FROM Buyer 48,980.66 TOTALS 49,045.00 49,045.00 1 have carefully reviewed the Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the Settlement Statement. BUYER: City of Red nd ) I By Attest: Sam Irwin, City Clerk Page 1 of 1 (7101312964/24)August 15,2013 2:31:24PIVI