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Real Property Sale Agreement. Attachment 4 ESCROW INSTRUCTIONS

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(Rev. 4-14-15)

Real Property Sale Agreement

Attachment 4

ESCROW INSTRUCTIONS

TO: Ticor Title of Nevada

5441 Kietzke Lane, Suite 100 Reno, Nevada 89511

ATTN: Rabecca Rich

RE: Your Escrow No. 01501168-CD

Seller: Sierra Development Co, dba Club Cal Neva A Nevada corporation

P.O. Box 271 Reno NV 89505 ATTN: Jeffry Siri

`

Buyer City of Reno

One East First Street P.O. Box 1900 Reno NV 89501

ATTN: Lori Miles, Public Works

DATE: As of April 2, 2015

1. BACKGROUND

These Escrow Instructions are issued to you pursuant to a Real Property Purchase and Sale Agreement between Buyer and Seller dated as of ______________ , a copy of which will be provided with these instructions..

2. APPOINTMENT OF ESCROW AGENT.

a. The parties mutually appoint you as escrow agent to close this transaction. b. These instructions shall constitute the initial escrow instructions.

Supplemental or final escrow instructions by each party may be delivered to you and are binding if executed by the same person who signs these instructions, PROVIDED HOWEVER, that closing documents (including settlement statements and documents

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placed into escrow) may be approved for Buyer by LORI MILES who may instruct Escrow Agent to close in accordance with these instructions.. If supplemental or final instructions conflict with these instructions, the supplemental or final instructions shall control.

3. DOCUMENTS TO BE PLACED IN ESCROW FOR RECORDING. (Listed in order to record)

√ Document

1 Grant, Bargain and Sale Deed Executed by Seller and Buyer

2 Declaration of Value Executed by Seller and Buyer

3 Legibility Notice Executed by Seller & Buyer

4 Memorandum of Lease Executed by Seller & Buyer

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4. OTHER DOCUMENTS TO BE PLACED IN ESCROW

√ Document

1 Real Property Purchase and Sale Agreement Copy for your files

2 Lease Agreement Executed by Seller & Buyer

3 Escrow Instructions Executed by Seller & Buyer.

4 Supplemental Escrow Instructions

5 6

5. FUNDS TO BE PLACED IN ESCROW

√ Amount By

1. $ 10.00 + Buyer’s share of closing costs. Buyer

2

Seller

6. ALLOCATION OF COSTS AND TAXES

Preliminary Title Report 100% paid by Buyer

Title Insurance (details below). 100% paid by Buyer

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Escrow Agent Fees 50% by Seller, 50% by Buyer

Costs of Recording 100% paid by Buyer

Property Taxes, sewer fees, assessments. To be prorated between Buyer and Seller. Refunds arising due to the fact that the Property will become exempt from

Property Taxes may be collected by Seller.

Past Due Property Taxes 100% paid by Seller

Appraisals, inspections, surveys All paid outside of escrow.

Other As customary in Washoe County, Nevada.

or stated in the Purchase Agreement.

7. TITLE INSURANCE Buyer requires:

Title Commitment means Ticor Title Preliminary Title Report, Dated as of March 3, 2015 Order No 01501168-CD

Form ALTA Plain Language Form

Property Description As indicated on the Title Commitment

Amount $ 4,000,000

Issuer Chicago Title Insurance Company

Permitted Exceptions Exceptions 1, 2,3,4,5,6,7 (taxes and assessments paid current), 8 (assessment paid current), 9 (Supplemental taxes paid current), 10 (sewer charges paid current),11 (Waste Management Charges Paid Current), 12, 13,14,15, and 16 of Title Commitment

ALTA 8.1 Environmental Protection

CLTA 116.1 Survey Endorsement

Endorsements

8. ACTIONS BY ESCROW AGENT. You are hereby directed by the parties to take the following actions:

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# When Action to take

a. Immediately on

opening of escrow Please update Title Commitment

b Preclosing and inspection of Settlement Statements

c. Closing: When you are irrevocably ready to issue the

title insurance indicated in Paragraph 7 above, you may record the documents indicated in Paragraph 3 above and distribute funds in accordance with the approved Settlement Statements.

Final Escrow Instructions. As the closing of escrow is dependent on performances and conditions occurring outside of escrow, you are instructed to obtain final escrow instructions as indicated above. Final instructions may be obtained from:

For Buyer Lori Miles, or Greg Salter, Deputy City Attorney For Seller

9. DISBURSAL OF FUNDS. Upon closing, Escrow Agent shall disburse funds as follows:

Disburse to: Amount Method

Escrow Agent All closing costs and fees

Buyer None

Seller All funds remaining in

escrow

10. DEFAULT INSTRUCTIONS.

If either party informs you that the other party has defaulted, you shall (1) inform the other party of the alleged default, (2) retain all documents and wait for instructions signed by all parties and (3) if you do not receive instructions regarding return of funds within 30 days from the date that you were notified of a default, please return funds to the party that placed them in escrow, after deducting reasonable fees for your work as of the date of the notice. In the event of conflicting instructions, you may interplead funds into a court, and may retain costs of the interpleader (including reasonable attorney’s fees) from proceeds deposited with the court.

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11. GENERAL PROVISIONS.

The standard “General Provisions” attached hereto are a part of these instructions. In the event of a conflict between these instructions and the General Provisions the terms of these instructions shall control.

Seller

Sierra Development Company, dba Club Cal-Nevada A Nevada Corporation

By____________________________________ Date ___________________________ Jeffry Siri, President

Buyer

CITY OF RENO,

A municipal corporation

By_______________________________ Date____________________________ Hillary Schieve, Mayor

Attest:

By_______________________________ Date________________________ City Clerk

Approved as to Form and Legality: KARL HALL

City Attorney

By_______________________________ Date____________________________ Deputy

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