Escrow Nbr: FIRST SECURITY BANK ESCROW AGREEMENT Prepared By: SELLER #1: BUYER #1: MAILING ADDRESS: MAILING ADDRESS: SS#/TIN# (Attach W-9) SS#/TIN# (Attach W-9) % Interest reported under this SS#/TIN# _____________% % Interest reported under this SS#/TIN# ____________% Contact Phone Number Contact Phone Number SELLER #2: BUYER #2: MAILING ADDRESS: MAILING ADDRESS: SS#/TIN# (Attach W-9) SS#/TIN# (Attach W-9) % Interest reported under this SS#/TIN# _____________% % Interest reported under this SS#/TIN# ____________% Contact Phone Number Contact Phone Number I. ESCROW CHARGES Opening fee paid by: $ Servicing fee paid by: $ Disbursement fees paid by SELLER unless otherwise noted. Parties hereto agree that Bank may change and/or modify any or all of its fees associated with Escrow Services. Bank shall receive additional compensation for extraordinary services not covered under the normal fee schedule. II. Documents Subject to provisions and conditions herein, the following documents between Sellers and Buyers are deposited into Escrow with First Security Bank (Escrow Agent). Doc. Date NATURE OF DOCUMENT (Indicate if copy) Initials Received A. B. C. D. E. III. Payments: A. Initial Payments: Consideration D. Deferred Payments: 1. Date of first payment Down Payment 2. Maturity Date Assumptions 3. Amount of payment Unpaid Balance B. Unpaid Balance: Monthly Quarterly Semi-Annual Annual Other C. Disburse payments received as follows: 1. Pay Escrow charge per above to bank, $ 2. Pay out balance of such payment: by deposit to Seller's First Security Bank Account Nbr. ________________________ by mail to Seller at this address; less disbursement fee cost to Seller. Disbursement fees may be subject to change. Address 4. Interest Rate 5. Interest Included In addition to payment above Interest only payment 6. Interest Calculation Simple Amortization Schedule 7. Interest commences 8. Irregular payments or partial payments Apply first to accrued interest to date of payment and balance to principal Apply entirely to principal No partial payments accepted 9. Multiple payments Advance Due Date DO NOT Advance Due Date 3. Special Instructions: 4. Late Fees/Penalties: Are there late fees/penalties? Amount/Percent per payment: Grace Period in days: Insert paragraph and page number which pertains to late fees/penalties. Paragraph Nbr. Page Nbr. 5. Prepayment: Is prepayment permitted? Insert paragraph number and page number which pertains to prepayment. Paragraph Nbr. Page Nbr. IV. Partial Releases Are Partial Releases permitted? Insert paragraph number and page number which pertains to partial releases.Paragraph Nbr. Page Nbr. V. Assignment: May be assigned by either party -- no consent needed. May be assigned by Buyer with written consent of Seller. VI. Conditions, terms, regulations, and rules. Upon the back hereof are printed paragraphs VII through XVIII, which are the conditions, terms, regulations, rules, and all things relevant to this Escrow Contract, which are incorporated herein by reference and made a part hereof. Dated this day of 20 SELLERS: Acknowledged by First Security Bank this May not be assigned by Buyer. BUYERS: day of 20 By: VII. If Buyers shall fail to make the payments provided herein or shall otherwise default in the performance of the contract, Sellers shall, upon demand, be entitled to the return of the documents escrowed in accordance with the cancellation provisions set forth in the contract between the Sellers and Buyers, which contract is incorporated by reference for this purpose only, so that Sellers may pursue their appropriate remedies as provided by law or contract. VIII. Upon receipt of payment in full, deliver all papers to Buyers, or any of them, if more than one. IX. In the event that the Escrow Agreement shall become inactive for a period of twelve (12) consecutive calendar months or more, then the Bank may, upon thirty (30) days notice, anytime thereafter send to the Sellers by registered mail all papers and documents in this escrow, except the original Escrow Agreement, to the last address the Sellers shall have furnished the Bank, copy of the letter of transmittal shall be sent by registered mail to the last known address of the Buyers. Such mailings under this paragraph or the release of documents under paragraph VI or VII above, shall operate as a complete termination of this escrow and a release of the Bank from all duties and liabilities to all parties or persons but shall not alter the agreement between the Sellers and Buyers. In addition to the foregoing, the Bank may resign under the Agreement at any time by furnishing to the parties a written notice of resignation. Such resignation shall be effective on the earlier of (a) the 30th day following delivery of the resignation notice or (b) the date upon which the Buyer and Seller appoint a successor escrow agent. X. In accepting any funds, securities or documents delivered hereunder, it is agreed and understood that, in the event of disagreement between the persons herein mentioned or persons claiming under them, the Escrow Agent will and does reserve the right to hold all money, securities and property in its possession, and all paper in connection with or concerning this escrow, until a mutual agreement has been reached between all of said parties or until delivery is legally authorized by final judgment or decree of court. The Escrow Agreement reserves the right to dispose of the escrow by interpleader or other suitable action in the event of controversy. It is expressly understood and agreed that should the Bank be required to seek legal advice by virtue of any claim of either of the parties, or should the bank be made defendant in any suit by any of the contracting parties to this agreement, or by any representative, assignee or successor to any party or by any person for any matter arising out of the Bank’s handling said escrow papers, or should the Bank determine it to be necessary or advisable to commence litigation by interpleader or otherwise, by reason of a dispute between the parties or their assigns, the cost of said action, including attorney’s fees paid or incurred, shall be borne by the contracting parties, and may be deducted from amounts collected on this escrow if not otherwise paid by the contracting parties. The Escrow Agent shall have the right to reimburse itself out of any funds and escrow property in its possession for costs, expenses, attorney’s fees, and its compensation and shall have a lien on all money, documents or property held in escrow to cover same. In no event shall the Escrow Agent be required to release or deliver any of the escrow property until it has been paid in full therefore. XI. Except for the faithful accounting of funds deposited with this Bank on the escrow agreement and delivery of the instruments and documents as escrowed in accordance with the terms of this agreement, it is agreed that no responsibility is to be attached to this Bank or any of its officers, arising from the carrying out of these instructions. The Escrow Agent shall not be responsible for the sufficiency or accuracy of the form, execution or validity of documents deposited hereunder or any description of property or other thing therein, nor shall it be liable in any respect on account of the identity, authority or rights of the person executing or delivering or purporting to execute or deliver any such document or paper. The Escrow Agent will not accept or service any transaction that would qualify as a “federally related mortgage loan” under the Real Estate Settlement Procedures Act (Regulation X). XII. The Escrow Agent shall not be liable for collection items until the proceeds of the same in actual cash have been received, nor shall it be liable for the default in payment of any installment of principal or interest, nor the outlawing of any rights under the statute of limitations in respect to any document deposited; nor for interest on any deposit of money, nor for the accounting of partial payments. It may rely upon any paper, document or other writing believed by it to be authentic in making any delivery of money or property hereunder. XIII. Time is and shall be insofar as the Escrow Agent is concerned the essence of this agreement and part of the consideration and a waiver in one instance as to a time condition shall not operate to prevent an objection for any subsequent default in point of time. XIV. Unless the documents deposited hereunder specifically provide otherwise, interest will be calculated using a 365 day year to the date the payment is actually received by the Escrow Agent. XV. First Security Bank does not track delinquencies. Parties to the Agreement will not be notified of delinquencies. Unpaid late fees or penalties will be accumulated and included on Payoff Quotations. XVI. In the event these instructions conflict with the terms of any document held in escrow it is agreed that these instructions shall control insofar as the duties and liabilities of said Bank are concerned. Said Bank has the right to refuse modifications of any kind, if modifications require work beyond the Escrow Agent’s control or normal duties. XVII. The transfer or encumbrance by any means, of Sellers’ or Buyers’ right, title or interest in the subject matter of this escrow shall not be binding upon the Bank unless proper written notice is given and all fees and expenses incident to such transfer shall have been paid. XVIII. It is the responsibility of the Seller and Buyer to keep the Escrow Agent informed of his/her current address in writing. If the Seller does not provide the Escrow Agent with their current address in writing, the Escrow Agent may hold payments as cash items. The Escrow Agent may rely on postal information if mail is returned. RELEASE We hereby acknowledge receipt of the following described papers. The above mentioned escrow is now closed and the Bank is hereby released from any further liability in connection therewith. ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ Signed: _______________________________________________________________ Dated: __________________