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Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon
<br /> request, copies of any closing documents, agreements or instructions concerning the transaction to the
<br /> parties' designated attorneys, and to their real estate agent, the designated lender, loan broker and title
<br /> insurance company involved in the transaction.
<br /> Records Retention. Unless otherwise prescribed by law, the closing agent may destroy after six
<br /> (6) years from the closing date hereof, these and records, agreements and instruments relating to the
<br /> closing of this transaction, including all documentation and accounting information, excluding however,
<br /> any and all loan documents.
<br /> Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for
<br /> the usual closing services as set forth in these instructions. If additional services are requested or
<br /> required to comply with any change or addition to the parties' agreement or these instructions, or as a
<br /> result of any party's assignment of interest or delay in performance, the parties agree to pay a reasonable
<br /> additional fee for such services. The parties shall also reimburse the closing agent for any out-of-pocket
<br /> costs and expenses incurred by it under these instructions, including but not limited to excessive fax
<br /> costs, electronic wire transfer costs and courier fees.
<br /> Cancellation. These instructions may be canceled by a written agreement, signed by all of the
<br /> parties, and payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement
<br /> and payment, the closing agent shall return any money or documents then held by it to the parties that
<br /> deposited the same, and shall have no further duties or responsibilities under these instructions.
<br /> Inability to Comply With Instructions. If the closing agent receives conflicting instructions or
<br /> determines, for any reason, that it cannot comply with these instructions by the date for closing specified in
<br /> the parties' agreement or in any written extension of that date, it shall notify the parties, request further
<br /> instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as
<br /> possible after receiving further instructions, or (2) if no conflicting instructions have been received, return
<br /> any money or documents then held by it to the parties that deposited the same, less any fees and
<br /> expenses chargeable to such party, or (3) commence a court action, deposit the money and documents
<br /> held by it into the registry of the court, and ask the court to determine the rights of the parties. When the
<br /> money and documents have been returned to the parties or deposited into the registry of the court, the
<br /> closing agent shall have no further duties or responsibilities under these instructions.
<br /> Disputes. Should any dispute arise between the parties, or any of them, and/or any other party,
<br /> concerning the property or funds involved in the transaction, the closing agent may, at its sole discretion,
<br /> hold all documents and funds in their existing status pending resolution of the dispute, or join or
<br /> commence a court action, deposit the money and documents held by it with the court, and ask the court to
<br /> determine the rights of the parties. Upon depositing said funds and documents with the court, the closing
<br /> agent shall have no further duties or responsibilities under these instructions. The parties jointly and
<br /> severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any
<br /> lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is
<br /> instituted by the closing agent, the parties, or any other person.
<br /> Notices. Any notice, declaration or request made under these instructions shall be in writing,
<br /> signed by the party giving such notice or making such declaration or request, and personally delivered or
<br /> mailed to the closing agent and other parties.
<br /> Amendments. Any amendment, addition or supplement to these instructions must be in writing,
<br /> signed by the appropriate parties and delivered to the closing agent.
<br /> Counterparts. These instructions may be executed in one or more counterparts with like effect
<br /> as if all signatures appeared on one copy.
<br /> MATTERS TO BE COMPLETED BY THE BUYER AND SELLER
<br /> IMPORTANT-READ CAREFULLY
<br /> The following items must be completed by the parties, outside of escrow, and are not part
<br /> of the closing agents' duties under these instructions.
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