By Lynn Flores,2014-08-11 18:49
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     THIS ESCROW AGREEMENT ("Agreement") is made and entered into as of the ________, day of 2002, by and between _____________________ (“Seller”), with an address at __________________________________, and

    ______________________ (“Purchaser”), with an address at _________________________________, Seller and Purchaser are sometimes collectively identified as the “Parties”. This Agreement has been established by (“Closing

    Agent”) and both Parties and Closing Agent hereto mutually desire to name Fidelity National Financial Global Solutions, as

    the Escrow Agent, to provide the services described herein, with an address at Fidelity National Financial Global Solutions, 2 Park Avenue, Suite 300, New York, NY 10016.

    1. The real property which is the subject of this Agreement is located in_____________________, ____________________,

    Mexico (the "Property").

    2. The parties mutually desire to create an escrow account with Escrow Agent for the purpose of receiving, holding,

    administering and distributing the funds deposited as required herein (the "Escrowed Funds”), subject to the terms and

    conditions set forth below.

    3. The sum of US$________________, shall be deposited with Escrow Agent by wire, certified or personal check.

    Escrowed Funds shall be deposited into the Escrow Agent’s escrow account at JPMorgan Chase account number 006-800602

    (the "Escrow Account”).

     The wiring instructions for the Escrow Account are as follows:

    JPMorgan Chase

    ABA Routing No. 021000021

    Fidelity National Title Insurance Company of New York

    Exchange 740

    Account No. 00101842459

    4. Any and all funds deposited or wired directly to the Escrow Agent shall be held in a non-interest bearing trust

    account in the name of Fidelity National Financial Global Solutions on behalf of the Purchaser herein. The Parties

    understand that the funds will be held until such time as the Parties herein provide the Escrow Agent with an

    executed agreement by and between [ ] and [ ] notifying Escrow Agent that the required documents for the

    settlement of the above referenced property are in the possession of Closing Agent or the Notario charged with

    registration of the required documents.

    Escrow Agent is hereby authorized and directed to disburse all funds directly to:

     by wire transfer to account No.


    5. Escrow Agent hereby agrees to act as Escrow Agent hereunder, and to hold and disburse the Escrowed Funds in accordance

    with the provisions of this Agreement.

    6. As payment for the services performed by Escrow Agent pursuant to this Agreement, ______________________hereby

    agrees that Escrow Agent, may deduct from the amount deposited herein, an amount equal to US$_______________.

    7. Action in Interpleader. The principals hereto expressly agree that you, as Escrow Agent, have the absolute right at your

    election to file an action in interpleader requiring the principals to answer and litigate their several claims and rights among

    themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the

    event such action is filed, the principals jointly and severally agree to pay your cancellation charges and costs, expenses and

    reasonable attorney’s fees which you are required to expend or incur in such interpleader action, the amount thereof to be

    fixed and judgment therefore to be rendered by the court. Upon the filing of such action, you shall thereupon be fully

    released and discharged from all obligations imposed by the terms of this escrow or otherwise.

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    8. The Escrow Agent shall not be liable for anything that it may do or refrain from doing in connection herewith except its own gross negligence or willful misconduct. The Escrow Agent is not responsible or liable in any manner whatsoever for the sufficiency, correctness, genuineness or validity of the subject matter of any escrow established pursuant to this Agreement, or any documents, instructions or directions received by the Escrow Agent hereunder; and, the undersigned Parties agree to indemnify protect, defend and hold the Escrow Agent harmless from all losses, costs, damages, liabilities, expenses, and attorneys' fees suffered or incurred by the Escrow Agent as a result of any and all claims asserted against the Escrow Agent with respect to any act or omission by the Escrow Agent taken in good faith in any and all matters covered by this Escrow Agreement in accordance with the instructions or directions set forth herein, except as caused by the Escrow Agent's gross negligence or willful misconduct.

    9. It is hereby understood that Escrow Agent will not hold the funds on deposit after

    (complete a date that is reasonable for your parties), in the event Escrow Agent has received conflicting instruction

    or no instructions by that time.

     10. Miscellaneous Provisions.

    a. Business Day. The term "business day," as used herein, shall mean any calendar day that is not Saturday, Sunday or

    legal holiday.

    b. No Oral Modification. This Agreement may not be modified, amended or altered except by an agreement in writing

    signed by the Parties and acknowledged by Escrow Agent.

    c. Governing Law. This Agreement has been prepared, is being executed and delivered, and is intended to be performed

    in the State of New York, and the substantive laws of such state shall govern the validity, construction, enforcement and

    interpretation of this Agreement. Venue of any case or controversy arising under or pursuant to this Agreement shall lie

    in New York, New York.

    d. Notices. Any notice required or sought to be delivered hereunder shall be deemed delivered as follows: (i) if sent by U.S.

    Mail, on the fifth business day after deposit in the U.S. Mail (postage prepaid); (ii) if sent by overnight courier, the

    business day after deposit, if in the US and the second business day after the deposit if outside of the US with such

    courier; (iii) if hand delivered, upon delivery; and, (iv) if sent by facsimile, when sent provided the facsimile is

    transmitted on a business day prior to 5:00 p.m. Central time at the place of receipt, or on the following business day if

    sent after 5:00 p.m. Central time.

    e. Payment. All payments required to be made by Escrow Agent under this Agreement shall be made within _____

    business days of Escrow Agent's receipt of notice.

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By the execution hereof, the undersigned Parties fully agree to the terms of this Agreement.

    Executed this the _______ day of ______________, 2002.

    ___________________________ __________________________________ SELLER PURCHASER

    _______________________________ __________________________________ SELLER PURCHASER

    _______________________________ __________________________________ SELLER PURCHASER

    _______________________________ __________________________________ Seller’s Social Security # or Tax I.D. # Purchaser’s Social Security # or Tax I.D. #




    Title: ___________________________________________

     , As Closing Agent



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