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Deposits and Disbursements of Funds. Before the closing date, each party shall deposit with <br /> the closing agent all funds required to be paid by such party to close the transaction, less any earnest <br /> money previously deposited with the real estate agent. The closing agent is authorized, but not required, <br /> to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of <br /> such funds, if all conditions of the commitment will be met on or before the closing date. All funds <br /> deposited with the closing agent shall be deposited in an escrow trust account with a bank doing business <br /> in the State of Washington. <br /> The parties hereby acknowledge that except as provided by Supreme Court Admission to Practice <br /> Rule 12.1 and 12.1 (h) adopted in 1995, the money deposited with closing agent by them in connection <br /> with this escrow will be further deposited into a non-interest bearing account with a financial institution <br /> ("the funds depository") whose deposits are covered by FDIC insurance. The parties further acknowledge <br /> that in calculating the amount of available insurance, the FDIC will consolidate moneys deposited under <br /> this escrow with all other funds of the undersigned which are on deposit with the funds depository. The <br /> parties do therefore release closing agent from any liability and assume all responsibility for any loss to <br /> themselves which may result from a lack of FDIC insurance in excess of $250,000.00. The parties <br /> acknowledge that the Closing Agent may receive incidental benefits from the financial institution based on <br /> the existence of its escrow trust account deposits. <br /> The closing agent shall not be required to disburse any funds deposited by check or draft until it <br /> has been advised by its bank that such check or draft has been honored. RCW 18.44.070 provides that <br /> an escrow agent shall not make disbursements until the next business day after the business day on <br /> which the funds are deposited unless the deposit is made in cash, by interbank electronic wire transfer, or <br /> in a form that permits conversion of the deposit to cash on the same day the deposit is made. All <br /> disbursements shall be made by the closing agent's check or, if the payee so instructs in writing, by <br /> electronic wire transfer. <br /> Funds will be disbursed as quickly as possible following closing. In many instances disbursement <br /> will occur on the next business day. International wire transfers may not be disbursed until the second <br /> business day following closing. Escrow will determine the most expedient and secure method to remit <br /> loan payoff funds. Due to growing concerns of wire fraud, payoff funds may be remitted by overnighting a <br /> check rather than via wire transfer. Accounts may not show paid in full until a few days after closing. <br /> Rainier Title will not be responsible for accrual of interest, late fees, or other charges for which you are <br /> responsible in the interim. <br /> Settlement Statement. The closing agent is instructed to prepare a preliminary, estimated <br /> settlement statement showing all funds deposited for the account of each of the parties and the proposed <br /> disbursements from such funds. No funds shall be disbursed until the parties have examined and <br /> approved the settlement statement. Some items may be estimated, and the final amount of each <br /> estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The <br /> settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If <br /> any monetary error is found, the amount will be immediately paid by the party liable for such payment to <br /> the party entitled to receive it. <br /> Pro-rations. Adjustments or pro-rations of real estate taxes, and other charges if any, which <br /> appear on the Title Report, shall be made on the basis of a 365 day year, unless the closing agent is <br /> otherwise instructed in writing. <br /> Title Insurance. The closing agent shall order or obtain copies and forward to the parties as <br /> applicable, a Preliminary Commitment for the Title Insurance on the property (referred to herein as "the <br /> title report"), together with copies of the exceptions noted thereon. The parties shall be responsible to <br /> review these items for accuracy, a verification of the legal description, and to determine their acceptability <br /> for purposes of closing. <br /> Verification of Existing Encumbrances. The closing agent is permitted to request a written <br /> statement from the holder of each existing encumbrance on the property, verifying its status, terms, <br /> balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a <br /> waiver of any due-on-sale provision. The closing agent is authorized to rely upon such written statements <br /> in the performance of its duties, without liability or responsibility for their accuracy or completeness. The <br /> Closing Agent may further rely upon any verbal update to a written payoff statement provided by an <br /> existing lender and the borrower agrees to indemnify Closing Agent for payoff amounts which may be <br /> regarded as incomplete or inaccurate by the lender upon receipt. <br /> Page 2 of 7 <br />