This Escrow Agreement

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Escrow File Number: ____________________
ESCROW AGREEMENT
(RECEIPT OF EARNEST MONEY)
This
Escrow
Agreement
(the
“Agreement”)
is
entered
into
by
and
between
___________________________ Title Company (the “Company”) and the undersigned
Buyer(s) and Seller(s) this _______ day of ______________, 20__, with respect to certain real
property located at __________________________________, County of _______________,
State of Utah (the “Property”).
RECITALS
A. Buyer and Seller have entered into a Real Estate Purchase Contract dated the ______ of
__________, 20__, (the “Contract”) wherein Seller has agreed to sell and Buyer has
agreed to buy the Property.
B. The Company has been requested to perform escrow closing services with respect to the
Contract and to issue a policy or policies of title insurance in connection with this
transaction.
C. The Company has also been asked to hold the earnest money deposit in the amount of
$________(the “Deposit”), which is being delivered to the Company by or for the Buyer
as set forth in the Contract.
NOW THEREFORE, Buyer, Seller, and the Company do hereby agree as follows:
1. The Deposit shall be held and disbursed by the Company in accordance with the Contract
and in accordance with this Agreement. The Company shall rely upon the terms of the
Contract and any and all written amendments thereto. Buyer and Seller shall have the
sole responsibility to provide to the Company any and all written addendums, extensions,
or other modifications to the Contract and to obtain a written acknowledgement from the
Company of receipt of said documents. The Company shall not accept or rely upon any
non-written agreements or instructions or any written documents not signed both by
Buyer and by Seller.
2. Seller and Buyer do hereby hold the employees and officers of both the Company and its
title insurance underwriter (the “Underwriter”) harmless for their reliance upon the
terms and conditions set forth in the Contract and any amendments thereto and for their
reliance upon this Agreement.
3. Buyer and Seller jointly and severally agree to indemnify and defend the Company and
its Underwriter of and from any and all damages, claims, demands, obligations, actions or
liabilities including but not limited to attorney fees and costs arising from or relating to
the performance or nonperformance of Buyer’s obligations or Seller’s obligations under
the Contract or this Agreement.
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