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RAIN I E RTITLE <br />Escrow File No.: 827649RT <br />Purchasers(s): City of Everett, a Washington municipal corporation <br />Seller(s): Charlotte E. Walker <br />Rainier Title, LLC - Gig Harbor <br />5775 Soundview Drive, B-201 <br />Gig Harbor, WA 98335 <br />(253)851-2055 (P) <br />(425)329-2191 (F) <br />teamboiter@rainiertitle.com <br />CLOSING AGREEMENT AND ESCROW INSTRUCTIONS <br />For Purchase and Sale Transaction <br />The undersigned buyer and seller (referred to herein as "the parties") hereby designate and <br />appoint Rainier Title, LLC. (referred to herein as "the closing agent") to act as their closing and escrow <br />agent according to the following agreements and instructions. <br />IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: <br />Terms of Sale. The terms and conditions of the transaction which is the subject of these <br />instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale <br />Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or <br />addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these <br />instructions by this reference. If the Purchase and Sale Agreement provides that a commission is due at <br />closing, the Company will require payment of the commission according to the broker's demand, which will <br />be furnished at the closing agent's request. Any changes to the parties' agreement will be made a part of <br />these instructions, without further reference, when signed by the parties and delivered to the closing <br />agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the <br />parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' <br />agreement, the terms and conditions of the parties' agreement shall control. <br />Description of Real Property. The real property which is the subject of the transaction (referred <br />to herein as "the property") is identified in the parties' agreement. The documents required to close the <br />transaction must contain the "legal description" of the property. If the parties' agreement does not yet <br />contain the correct legal description, the parties or the real estate agent should obtain an addendum <br />setting forth the legal description as soon as possible and deliver it to the closing agent. <br />Closing Date. Unless otherwise described in the parties' agreement, the closing date shall be <br />considered to be the date on which the legal documents are recorded and the funds are available for <br />disbursement. Recording Delays: Occasionally, the county recording office is not able to record the deeds <br />and all other documents required to satisfy the conditions for Closing (the "Closing Documents") the day <br />that the documents are submitted for recording. Modification of Closing Definition: In the event that, <br />through no fault of the parties, the county recording office fails to record the Closing Documents the day <br />that the documents are submitted for recording, the parties agree to the following revised definition of <br />"Closing": Closing is the date on which (i) the Closing Documents are submitted to the county for <br />recording; (ii) the sale proceeds are available to Seller; (iii) the Closing Agent has received the irrevocable <br />commitment of the Title Insurance Company to deliver all title policies; and (iv) the Closing Agent is able to <br />satisfy any other conditions required by instructions of any other party required for Closing. <br />Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, <br />record and deliver documents as necessary to close the transaction. The closing agent may request that <br />certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall <br />deliver the requested documents to the closing agent before the closing date. Execution of any document <br />will be considered approval of its form and content by each party signing such document. <br />Page 1 of 6 <br />