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Fillable Printable RESIDENTIAL DEPOSIT ESCROW AGREEMENT

Fillable Printable RESIDENTIAL DEPOSIT ESCROW AGREEMENT

RESIDENTIAL DEPOSIT ESCROW AGREEMENT

RESIDENTIAL DEPOSIT ESCROW AGREEMENT

RESIDENTIAL DEPOSIT ESCROW AGREEMENT
DATE: _____________________________________________________________________________
PURCHASER:___________________________________________________________________
SELLERS:__________________________________________________________________
PROPERTY ADDRESS ___________________________________________________________
________________________________________________________
We, the undersigned, herby instruct and authorize NORTH CENTRAL FLORIDA TITLE, LLC
("Escrow Agent") to hold in escrow the sum of $__________("Funds") pursuant to that contract
between
Purchaser and Seller dated__________________under the following terms and conditions:
The Funds received here are for use as a binder deposit from the purchaser for the purchase of
the
above-referenced property, to be held in escrow until the closing of the above property, at which
time
the same shall be credited towards the purchase price on behalf of the purchaser.
In the even this transaction is not completed, for any reason, written disbursement instructions,
signed by all parties to this Agreement, must be delivered to escrow Agent before the Funds held
hereunder will be disbursed. Said escrow instruction must clearly state to whom the Funds are to be
disbursed and in what amounts. Escrow Agent is not responsible for determining the authenticity of the
written disbursement instructions.
All checks, money orders or drafts will be processed for collection in the normal course of
business, Escrow Agent may co-mingle Funds received by it in escrow with escrow funds of others, and
may, without limitation , deposit such Funds in its custodial or escrow accounts with any reputable trust
company, bank, savings bank, savings association , or other financial services entity, including any
affiliate of Escrow Agent. It is understood that escrow Agent shall be under no obligation to invest the
funds deposited with it on behalf of any depositor. This Agreement shall confirm the consent of the
undersigned, pursuant to Section 4.186.008(3) of the Florida Administrative Code, to the placement of
the funds escrowed hereunder into an interest bearing account in the name of Escrow Agent and to
further confirm that interest or other benefits earned (if any) will be the property of the Escrow Agent.
Limitations of Liability: Without limitations, Escrow Agent shall not be liable for any loss or
damage resulting from the following;
a.
The financial status or insolvency of any other party, or any misrepresentations made by any
other party.
b.
This legal effect, insufficiency, or undesirability of any instrument deposited with or delivered by
or to escrow Agent or exchanged by the parties hereunder, whether or not Escrow Agent
prepared such instrument.
c.
The default, error, action or omission of any other party to the escrow.
d.
Any loss or impairment of Funds that have been deposited in escrow while those Funds 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 or 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.
e.
The expiration of any time limit or other consequences of delay, unless a properly
executed
settlement instruction accepted by escrow Agent has instructed the Escrow Agent to
comply
with said time limit.
f.
Escrow Agent 's compliance with any legal process, subpoena , writ, order, judgment or decree
of any court , whether issued with or without jurisdiction and whether or not subsequently
vacated , modified, set aside or reversed.
These conditions of escrow shall apply to an be for the benefit of agents of the Escrow
Agent
employed by it for services in connection with this escrow, as well as for the benefit of Escrow
Agent.
Attorney 's Fees: In the event that litigation is initiated relating to this escrow agreement,
the
parties hereto agree that the prevailing party shall be entitled to attorneys fees, court costs and
expenses. To the extent that Escrow Agent holds Funds under the terms of this escrow, the parties
hereto, other than Escrow Agent , agree that the Escrow Agent is entitled to reimbursement of attorney's
fees, court costs and expenses relating to said litigation as they are incurred by Escrow Agent from
the
escrow deposit, without limiting any other rights of recovery from the Purchaser and Seller directly
.
In the event conflicting demands are made on Escrow Agent , or Escrow Agent in good faith,
believes that any demands with regard to the Funds are in conflict or are unclear or ambiguous, Escrow
Agent may bring an interpleader action in an appropriate court. Such action shall not be deemed to
be
the fault" of Escrow Agent , and Escrow Agent is entitled to reimbursement from the escrow Funds
for
its reasonable costs and attorneys’ fees in connection with same, through final appellate review.
In
addition, the parties hereto, other than Escrow Agent , hereby jointly and severally indemnify
Escrow Agent from all such attorney's fees, court costs and expenses. All liability and obligation of
the Escrow
Agent terminates upon the deposit of the Funds into the court Registry pursuant to an
interpleader or
other action.
It is understood and agreed between the parties hereto that Escrow Agent may not disburse
funds unless the funds are collected funds. For purposes of this agreement , "collected funds" means
funds deposited, finally settled and credited to the Escrow Agent's Trust Account .
In the event of a conflict between the terms of this Escrow Agreement and the Contract,
the
provisions of this Escrow Agreement will control.
NORTH CENTRAL FLORIDA TITLE, LLC
By:_____________________________________
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