DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130, Scottsdale, AZ 85254
Phone: (480) 822-6600  Fax: (602) 346-4111
May 20, 2020
D & L Landscape and Design, LLC
RE:
Escrow #:
Property Address:
94013105-094-AS
601 W Monterey ST, Chandler, AZ 85225
Congratulations on the Sale of your property!
Your Real Estate Agent, Michael Kent with RE/MAX fine Properties has asked us to contact you to introduce
ourselves as your Title and Escrow Service Provider. You are a top priority to us and it is our goal to ensure that
you receive excellent service.
My name is Amy Schaupeter and I will be handling your escrow transaction. Should you have any questions
during this process, please feel free to contact me by phone at (480) 822-6600 or by email at
amy.schaupeter@fnf.com.
You are being sent the following documents which will be necessary to complete your transaction in a timely and
efficient manner. Please complete the forms in this DocuSign package as soon as possible (information related to
DocuSign was included in a separate introduction email).






Seller Information Form
Authorization to Release Information
Disbursement of Proceeds
Seller Escrow Action Items
Terms and Conditions of Escrow
Privacy Notice
We will be working closely with all parties to this transaction throughout the closing process to ensure a positive
experience for all involved. We look forward to serving you and hope you will consider using Fidelity National Title
Agency, Inc. for any future escrow and title needs.
Sincerely,
Amy Schaupeter
AVP/Escrow Officer
Seller Opening Letter
EPU00001 (DSI Rev. 08/07/17)
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130, Scottsdale, AZ 85254
Phone: (480) 822-6600  Fax: (602) 346-4111
SELLERS INFORMATION/AUTHORIZATION TO ESCROW
PLEASE COMPLETE AND RETURN
Escrow No:
Name:
Property Address:
1.
94013105-094-AS
D & L Landscape and Design, LLC
601 W Monterey ST, Chandler, AZ 85225
Seller Home Phone No.
Seller Work Phone No.
4807072977
4807072977
2.
SOCIAL SECURITY # OR US TAX ID - 1
SOCIAL SECURITY # OR US TAX ID - 2
261702553
(We cannot obtain payoff information without your social security number(s). We thank you for providing that
information to us so we can close your transaction in a timely and efficient manner.)
3.
Current Mailing Address: PO Box 11721 Tempe AZ 85284
4.
Mailing Address after the Close of Escrow:
5.
Will you be available on or before the Close of Escrow date to sign closing documents at the 
X Yes
Fidelity National Title Agency, Inc. office located at 16430 North Scottsdale Road, Suite130,
 No
Scottsdale, AZ 85254
6.
Please complete this form and provide all information requested to your Escrow Officer as soon as
possible in order to expedite the escrow process. Please include all existing loans, including credit
lines, pool loans, etc.:
PO Box 11721 Tempe AZ 85284
1st Mortgage: I have at least ONE loan to pay off through this transaction
1st Lender Name: Capital Fund 1
1st Address:
14555 N Scottsdale Rd #200 Scottsdale, AZ 85254
1st Loan No.: 8233
1st Phone No.:
(480) 889-6100
2nd Mortgage: I have NO other loans
2nd Lender Name:
2nd Address:
2nd Loan No.:
2nd Phone No.:
3rd Mortgage:
3rd Lender Name:
3rd Address:
3rd Loan No.:
Sellers Information/Authorization to Escrow
EPU00002 (DSI Rev. 08/07/17)
3rd Phone No.:
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
By the signing herein, I/we do hereby authorize any lender/mortgage company named to release any and
all payoff information to Fidelity National Title Agency, Inc.. as requested. I/We also agree to pay the fee
that may be charged to my account to fax the Payoff Statement to Fidelity National Title Agency, Inc..
NOTE TO LENDER on EQUITY CREDIT LINES: We hereby authorize and instruct Lender to freeze the
existing credit line upon receipt of this signed document. The undersigned agree that we will not take any
further advances/draws from this account.
Date: May 20, 2020
By (Seller):
D & L Landscape and Design, LLC, An Arizona
Limited Liability Company
5/23/2020
By: Elizabeth Pardo
Its: Member
7.
My Current Marital Status:

X Unmarried
 Married
 Widowed
If title is held as a Trust – a complete copy of the trust and addendums are required for review prior to
close of escrow.
If title is held as a LLC/Partnership/Corporation – a complete copy of the governing documents are
required for review prior to close of escrow.
8.
By providing my/our email address(es) herein, Fidelity National Title Agency, Inc. is hereby
authorized to correspond and deliver any escrow related documents, balances, statements, etc. due
the undersigned via email. If multiple Sellers and only one email is provided, Fidelity National Title
Agency, Inc. is authorized to utilize said email address for any/all Sellers to this transaction
Seller 1 Email Address dl.landscape@gmail.com
Seller 2 Email Address
9.
HOMEOWNERS ASSOCIATION:
No
1st Homeowners Association Name:
1st Management Company Name:
Phone Number 1:
2nd Homeowners Association Name:
2nd Management Company Name:
Phone Number 2:
OTHER ASSESSMENTS (provide Contact info):
10.
FLOOD IRRIGATION CURRENTLY PROVIDED AT PROPERTY:
 Yes 
X No
 Not Applicable
Flood Irrigation Company Name:
Phone Number:
11.
Account Number
WELL: Is there a well on this property?
If yes, is it a:
 Private Well
 Yes
 Shared Well
X No

 Well Registration No.:
NOTE: IF YOU HAVE A COPY OF THE WELL REGISTRATION FORM FROM THE ARIZONA DEPT OF
WATER RESOURCES PLEASE PROVIDE US WITH A COPY.
Surface Water (Private Pond / Lake uses for irrigation or other uses): Yes
12.
No
X
LOCAL IMPROVEMENT DISTRICT (LID): The property is NOT within a Local Improvement District
Community Facilities District:
LID/CFD Account Number:
Sellers Information/Authorization to Escrow
EPU00002 (DSI Rev. 08/07/17)
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
LID/CFD Contact Telephone:
13.
Is a manufactured or mobile home included in the sale of the property:
14.
1031 Exchange:
 Yes X
 No
Is the sale of this property subject to a 1031 Tax Deferred Exchange?
 Yes 
X No
If Yes, please provide contact information for the Exchange Facilitator
Name:
Sellers Information/Authorization to Escrow
EPU00002 (DSI Rev. 08/07/17)
Email:
Phone:
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130, Scottsdale, AZ 85254
Phone: (480) 822-6600  Fax: (602) 346-4111
Date:
Escrow #:
Property Address:
May 20, 2020
94013105-094-AS
601 W Monterey ST, Chandler, AZ 85225
The undersigned has opened escrow on the above referenced property with Fidelity National Title Agency, Inc..
You are hereby authorized to release payoff figures for mortgages, tax liens, judgments, HOA information or
credit cards, as necessary to for the completion of my/our sale or loan.
A copy of this authorization may be accepted as an original.
Your prompt reply to Fidelity National Title Agency, Inc. with the information requested is appreciated.
SELLER:
D & L Landscape and Design, LLC, An Arizona
Limited Liability Company
5/23/2020
By: Elizabeth Pardo
Its: Member
Payoff Release Authorization - Seller
EPU00003 (DSI Rev. 3/29/17)
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130, Scottsdale, AZ 85254
Phone: (480) 822-6600  Fax: (602) 346-4111
PROCEEDS AUTHORIZATION
May 20, 2020
Escrow No.:
Property Address:
94013105-094-AS
601 W Monterey ST, Chandler, AZ 85225
***ALL PROCEEDS SHALL BE PAID TO THE SELLER AS TITLE IS HELD TO THE PROPERTY. IN THE
EVENT TITLE IS HELD IN AN ENTITY SUCH AS A TRUST, LLC, PARTNERSHIP, CORPORATION, ETC.,
PROCEEDS WILL BE PAID TO THE ENTITY, AND NOT TO ANY OF THE PRINCIPALS THERETO.
The undersigned hereby authorizes and directs Fidelity National Title Agency, Inc. to wire transfer funds, as
indicated below, to the Receiving Bank and Account or to disburse proceeds/refunds as indicated below. The
undersigned warrants that the information provided in this Authorization is complete and accurate.
Please Choose One:
X


Hold for pick up
Mail to:
(escrow agent is not responsible for the timely delivery of U.S. mail)




Overnight Delivery to:
Deliver by courier to:
Transfer  all proceeds or  $
Wire Transfer Funds to:
to
(NOTE: If you are requesting an international wire, we require written instructions from your bank and verification by your
banking representative. International Wire Fees may be deducted from the wire amount, if applicable under international
wire guidelines. Federal Reserve cutoff time/Financial Institution posting time may delay deposit into your account)
Bank Name:
Phone/Address:
ABA/Fed Routing No:
International Swift Code:
Checking
Savings


In order to prevent any delays, please
contact your bank for FED wiring
Instructions
Transit No.
***Name on Account:
the recipient on the bank account
is required to be the same entity
as title is held
Account Number:
Special Instructions (if any)
Provided that the funds are wire transferred in accordance with these instructions, Fidelity National Title
Agency, Inc. shall not be liable for any act or omission of any financial institution or any other person, nor shall
Fidelity National Title Agency, Inc. have any liability for loss of funds or interest thereon. In no event will
damages exceed interest at a rate equal to Federal Funds rate, adjusted daily, for the number of days that such
funds are unavailable. The undersigned shall indemnify and hold harmless Fidelity National Title Agency, Inc.,
it’s successors or assigns, from any loss, liability and cost incurred as a result of any incorrect information
supplied.
Proceeds Authorization - Seller
EPU00004 (DSI Rev. 05/12/17)
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Escrow No. : 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
In no event shall Fidelity National Title Agency, Inc. be liable for any special, consequential, indirect or
incidental damages, regardless of whether any claim is based on contract or tort whether the likelihood of such
damage was known to Fidelity National Title Agency, Inc..
VERIFIED WIRE INSTRUCTIONS (internal use only)
Spoke to (full name of person)
Phone no.
Date
Time
Esc. initials
SELLER:
D & L Landscape and Design, LLC,5/23/2020
An Arizona
Limited Liability Company
By: Elizabeth Pardo
Its: Member
Proceeds Authorization - Seller
EPU00004 (DSI Rev. 05/12/17)
Page 2
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Escrow No. : 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130, Scottsdale, AZ 85254
Phone: (480) 822-6600  Fax: (602) 346-4111
SELLER - ESCROW ACTION ITEMS
RETAIN FOR YOUR INFORMATION
Escrow No.: 94013105-094-AS
Escrow Officer: Your Escrow Officer, Amy Schaupeter can be reached by email at amy.schaupeter@fnf.com, by
phone at (480) 822-6600 or by fax at (602) 801-3504.
Lender Payoff Information: At the close of escrow your existing real estate loans, credit lines, etc. will be paid
off from your proceeds. The enclosed SELLER INFORMATION AND AUTHORIZATION form will assist us in the
process. In the event we are paying off a credit line, please be advised the line will be frozen upon your lender’s
receipt of our payoff request.
THE CLOSING PROCESS:
Closing Appointment: You will be contacted before your closing date to schedule an appointment for final
document signing.
Power of Attorney: If a Power of Attorney is being used in this transaction, the original must be submitted to
escrow for underwriting approval and recordation.
Identification: In order to notarize your signature, we will require identification. PLEASE BRING ONE
CURRENT FORM OF FEDERAL OR STATE ISSUED IDENTIFICATION WITH YOUR PICTURE, SIGNATURE
AND PHYSICAL DESCRIPTION (i.e. unexpired state driver’s license, military ID, US passport OR a valid
unexpired passport issued by a national government other than the United States accompanied by a valid
unexpired visa or other documentation necessary to establish an individual’s legal presence in the United States).
If you do not provide proper identification, we will be unable to close the transaction.
Corporate Requirements for Notarization of Documents:
Any document being executed in conjunction with this transaction requiring notarization, must be signed in the
presence of a Company employee or a Company pre-approved notary. If you are unable to sign at one of our
offices, please contact your Escrow Officer immediately to make an arrangements for notarization of
documents to avoid any delays in your closing process.
Closing Figures: We will have an Estimated Settlement Statement for your review when you come in to sign
your final documents. If you need of the amount of your proceeds prior to your closing appointment and we have
received all the information necessary to compile that figure, we will be happy to provide it at your request.
Closing Funds: The proceeds will be payable to the Seller of record by a Fidelity National Title Agency, Inc.
check or by wire transfer. In the event you are required to deposit funds to close this transaction, those funds
must be in the form of a cashier’s check or wire transfer. Please contact us for wiring instructions. **Be Aware!
Online banking fraud is on the rise. If you receive an email containing WIRE TRANSFER INSTRUCTIONS,
call your Escrow Officer immediately to verify the information prior to sending funds.**
Recording: After all necessary documents have been signed and all closing funds deposited (including new
lender’s funds, if applicable), recordation and disbursement shall occur.
Possession and Keys: These items are not handled by your Escrow/Title Agent. Your Real Estate
Professional will help you with these items. If you are not working with a REALTOR, please work directly with the
buyer regarding these items.
Seller – Escrow Action Items
EPU00007 (DSI Rev. 08/07/17)
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130, Scottsdale, AZ 85254
Phone: (480) 822-6600  Fax: (602) 346-4111
TERMS AND CONDITIONS OF ESCROW
To:
Fidelity National Title Agency, Inc.
16430 North Scottsdale Road, Suite130
Scottsdale, AZ 85254
Date:
Escrow No.:
Property Address:
Escrow Officer:
May 20, 2020
94013105-094-AS
601 W Monterey ST
Chandler, AZ 85225
Amy Schaupeter
1.
EMPLOYMENT OF ESCROW AGENT. Buyer and Seller agree to employ Fidelity National Title Agency,
Inc. to act as Escrow Agent in handling the above-referenced escrow. Escrow Agent will not be bound by
or obligated to act upon any instruction, demand or notice unless it is in a writing signed by the party or
the party's agent delivering such instruction, demand or notice.
2.
DEPOSIT OF DOCUMENTS & FUNDS. Buyer and Seller agree to pay all costs incurred by Escrow
Agent in handling the escrow and to deposit into escrow all documents and funds, and do all other things,
necessary to complete the transaction that is the subject of the escrow and to enable Escrow Agent to
record or deliver these documents. In addition, Buyer and Seller agree to immediately deposit with or
refund to Escrow Agent all funds requested by Escrow Agent after close of escrow to pay any amounts
that may be required by any taxing authority or any lender that holds or will hold, at close of escrow, a
mortgage or deed of trust encumbering the property. If any check given by or on behalf of Buyer is
subsequently dishonored, Seller agrees to refund any remittance made to Seller by Escrow Agent. All
funds will be in the form of United States dollars. Escrow Agent is instructed to deposit all funds in a noninterest bearing general escrow account in one or more financial institutions doing business in Arizona
and whose deposits are federally-insured. Any federal regulatory agency that insures deposits of financial
institutions will consolidate the money deposited under this escrow with all other funds of Escrow Agent
that are on deposit with the financial institution. Buyer and Seller release Escrow Agent from any liability
and assume all responsibility for any loss that may result from a lack of insurance coverage by the federal
regulatory agency.
Buyer and Seller acknowledge that the maintenance of escrow accounts with some depository institutions
may result in Escrow Agent or its affiliates being provided with an array of bank services,
accommodations or other benefits by the depository institution. Escrow Agent or its affiliates also may
elect to enter into other business transactions with or obtain loans for investment or other purposes from
the depository institution. All such services, accommodations and other benefits accrue to Escrow Agent
or its affiliates, and Escrow Agent or its affiliates have no obligation to account to Buyer or Seller for the
value of such services, accommodations or other benefits.
3.
DISBURSEMENT & RECORDING. Buyer and Seller instruct Escrow Agent to pay from funds deposited
into escrow all amounts necessary to procure documents and all other charges or obligations necessary
to consummate this transaction, in accordance with these instructions and the Settlement Statement.
Escrow Agent is authorized to act upon any statement furnished to Escrow Agent by a lien holder or its
agent, without liability or responsibility for the accuracy of the statement. When these instructions have
been complied with and the insurer is willing to issue the requested title insurance policy and when
Escrow Agent's fees and charges have been paid, Buyer and Seller instruct Escrow Agent to file, deliver,
or record all documents. In addition, Buyer and Seller authorize escrow Agent to execute and record on
their behalf an Affidavit of Real Property Value, using the total consideration for the established value,
unless instructed by the Buyer and Seller to the contrary. Disbursement of funds may be in the form of
Escrow Agent's check.
4.
CLEARANCE OF FUNDS BY ESCROW AGENT. Escrow Agent is not liable for any loss or impairment of
funds 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 of such financial
institution. Notwithstanding any provisions of applicable law, and in Escrow Agent's sole discretion,
Escrow Agent is not obligated to disburse any funds represented by check or draft until Escrow Agent is
advised by the financial institution in which the check or draft is deposited that such check or draft has
been honored.
Terms and Conditions of Escrow - Resale
EI0000067 (DSI Rev. 01/10/20)
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
5.
PRORATIONS & ADJUSTMENTS. The proration date shall be close of escrow. Prorations will be
calculated on the basis of a 30-day month. All items to be prorated will have been submitted to Escrow
Agent prior to close of escrow and Buyer and Seller agree to hold Escrow Agent harmless as to any items
or information not submitted to escrow for proration calculation. Real estate taxes are prorated on the
basis of the current year if the taxes for the current year are available on the business day preceding the
close of escrow through the real estate tax reporting service used by Escrow Agent or if the parties have
delivered to Escrow Agent on or before the business day preceding the close of escrow a copy of the
current tax bill issued by the county Treasurer. Escrow Agent is not liable or responsible for making an
adjustment in the escrow settlement if the taxing authority, after the close of escrow, determines that
additional taxes are due.
6.
INSURANCE OTHER THAN TITLE. Escrow Agent has no responsibility to procure, renew, or otherwise
keep in force any flood insurance or other policies of insurance. Buyer and Seller are responsible to pay
premiums; maintain insurance in full force and effect; renew, transfer, assign or properly endorse policies
of insurance; cancel or terminate policies; and determine that the types and amounts of insurance
coverage are appropriate or sufficient. Escrow Agent may rely on the insurance information furnished by
Buyer or Seller or their agents, and is not liable for any inaccuracy of such information and is not
obligated to inquire into the accuracy or sufficiency of such information.
7.
INDEMNITY. Buyer and Seller will pay all costs, damages, attorneys' fees (including, without limitation,
costs for services of in-house counsel), costs, expenses and liabilities that Escrow Agent may incur or
sustain in connection with these instructions, the escrow or any court action or dispute resolution
procedure arising from these instructions or the escrow, including without limitation any legal action to
enforce collection of its fees, costs or charges, unless caused by the bad faith, willful misconduct or gross
negligence of Escrow Agent.
8.
ESCROW AGENT'S LIEN. Buyer and Seller grant Escrow Agent a lien on all property and funds
deposited into escrow. Buyer and Seller authorize Escrow Agent to reimburse itself from property or funds
deposited into escrow for its fees, charges and all damages or expenses it may incur in connection with
the escrow and the performance of Escrow Agent's duties, including without limitations costs, damages
and attorneys' fees.
9.
PROFESSIONAL ADVICE. Buyer and Seller acknowledge that Escrow Agent has not given and will not
be requested or expected to give financial, tax, or legal advice; to give advice as to the type or form of
any instrument to be used in connection with this escrow; to review any documents deposited into escrow
to determine their legality or sufficiency; to explain the meaning or legal consequences of any document;
to make any inquiry of any nature concerning the financial condition of any party or entity; to opine as to
the value or condition of the real or personal property; to assist in negotiating or structuring of the
transaction; to verify square footage; or to determine possessory rights. As a convenience for Buyer and
Seller, Escrow Agent may make available certain standard forms of instruments that are commonly used
in Arizona but does not, and will not, recommend or select a particular form and will not complete, fill in or
alter any form unless specifically instructed to do so by the parties, their attorneys, representatives or
agents, who will designate the specific information to be inserted on the form or other specific source of
such information.
10.
EXCLUDED MATTERS. Unless agreed to specifically in writing by Escrow Agent, Escrow Agent will not
investigate and assumes no liability for unrecorded liens, including without limitation mechanics' liens;
proposed improvement district liens or assessments; homeowner's association liens; personal property
taxes or transfer of personal property; utility charges or deposits; boundary lines or location or condition of
improvements; square footage; possessory rights, including without limitation delivery of possession;
transfer of utilities; compliance with limitations on the use of property, including without limitation building
or zoning ordinances or restrictions; taxes or assessments that are not shown as existing liens by the
records of any taxing authority that levies taxes or assessments on real property as of the closing of this
escrow or which were not disclosed to Escrow Agent; reservations or exceptions in patents; transfers or
filings of water rights or water rights applications; treatment or investigation of wood infestation; usury in
any loan involved in the escrow; the availability of or charges for water, power, or waste collection;
compliance with or violation of any environmental law; the legal or tax consequences of vesting; and the
sufficiency or correctness as to form or manner of execution of any document deposited by the Buyer or
Seller, their agents or any lender , or the identity, authority or right of any person executing documents.
Terms and Conditions of Escrow - Resale
EI0000067 (DSI Rev. 01/10/20)
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Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
11.
RESIGNATION. Escrow Agent may resign upon written notice to Buyer and Seller. If Escrow Agent
resigns, all funds, less Escrow Agent's charges, and all documents held by Escrow Agent will be returned
to the party that deposited them into escrow and Escrow Agent will have no liability under these
instructions.
12.
JURISDICTION, VENUE, CHOICE OF LAW. Any litigation or arbitration arising out of this escrow that
involves Escrow Agent will be filed and maintained in the county in which the real property that is the
subject of this escrow is located. The prevailing party or parties in any litigation or arbitration proceeding
including Escrow Agent will be awarded, in addition to any other available remedy, all expenses, fees and
costs, including expert witness fees, and all reasonable attorneys' fees incurred by the prevailing party or
parties. The award of costs, fees, expenses, and attorneys' fees will be determined by the court or
arbitrator, and not by a jury. Arizona law will govern all of the terms and provisions of these instructions
and the escrow.
13.
NOTICE. Buyer and Seller agree that all notices delivered to any party or to Escrow Agent in accordance
with the contract between Buyer and Seller will be delivered to all parties and to Escrow Agent to
constitute effective notice under the contract.
14.
CANCELLATION. Except as otherwise provided in these instructions, any party who wishes to cancel
these instructions because of any material breach by another party, and who is not in material breach
except as occasioned by a material breach by the other party, may cancel these instructions by delivering
written notice of cancellation to both the breaching party and to the Escrow Agent stating the nature of the
breach. Cancellation will become effective immediately upon delivery of the written notice of cancellation
to both the breaching party and the Escrow Agent. In the event of a dispute between Seller and Buyer
regarding earnest money deposited in escrow, Seller and Buyer authorize Escrow Agent to release the
earnest money pursuant to the terms and conditions of these instructions. Seller and Buyer specifically
authorize Escrow Agent to act in its sole and absolute discretion in the release of earnest money. Seller
and Buyer agree to hold harmless and indemnify Escrow Agent against any claim, action or lawsuit of any
kind and from any loss, judgment, or expense. including costs and attorneys' fees, arising from or relating
in any way to the release of earnest money. Notwithstanding any other provision in these instructions.
Escrow Agent may at its election and in its sole discretion in the event of any conflicting demands made
upon it concerning these instructions or this escrow, hold any money and documents deposited in escrow
until it receives mutual instructions by all parties or until a civil action has been concluded in a court of
competent jurisdiction determining the rights of the parties, In the alternative. Escrow Agent may at any
time at its discretion commence a civil action to interplead any conflicting demands to a court of
competent jurisdiction and will be entitled to deduct its costs and attorneys' fees from funds deposited in
connection this interpleader action.
15.
FAILURE OF PARTIES TO ACT. If Escrow Agent is presented with conflicting demands as to any funds
or documents on deposit when the escrow is cancelled by either of the parties and the parties cannot
agree as to their disposition and no legal action to resolve the conflict has been commenced within one
year from the date Escrow Agent notified the parties of the conflicting demands, Escrow Agent will return
without further notice the funds and the documents to the party who deposited them, after deducting all
charges. Escrow Agent will have no further duty or liability in connection with the funds, the documents or
the escrow. If the parties have taken no action within 6 months after the date set to close escrow, as
extended from time to time in writing, Escrow Agent may at its discretion terminate the escrow and return
all documents and funds to the parties who deposited them or for whose benefit or credit they were
deposited.
16.
NOTICE OF ABANDONED OR DORMANT FUNDS CUSTODIAL FEE. This rate shall apply when funds
are remaining in an escrow account, account servicing or trust account due to a payee's failure to
negotiate a check provided as payment or fails to claim the funds belonging to them that remain in the
account. There shall be a minimum charge of One Hundred Twenty And No/100 Dollars ($120.00), which
shall be considered earned when (a) funds remaining in an escrow have not been claimed for a period of
One Hundred Eighty (180) days from the time the funds became available or (b) when a check remains
un-cashed for a period of ninety (90) days after date of issuance. Fees as incurred shall be deducted from
the amount held prior to disbursement and until such time as any remaining funds are escheated to the
state pursuant to ARS Title 44, Chapter 3, Article 1. In the event the amount of the fee(s) incurred is/are
more than the amount of funds held in escrow, then the amount of the funds remaining in the file shall be
considered payment in full of the fees due
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17.
REAL ESTATE COMMISSIONS. Upon cancellation of these instructions. If commissions are claimed to
be due from Seller or Buyer to any licensed Real Estate Broker, and if the Broker has deposited in escrow
a written commission agreement or commission authorization executed by a party to this escrow, Escrow
Agent is authorized to disburse funds in accordance with the agreement or authorization. The party
obligated to pay the commission will not acquiesce in or agree to any mutual cancellation of these
instructions without the written approval of the Real Estate Broker.
18.
INSPECTIONS, CONTINGENCIES, CONDITIONS, AND REPAIRS. Buyer and Seller agree that all
inspections, contingencies, conditions, or repairs, if any, will have been met, satisfied, or waived prior to
close of escrow, and paid for directly outside of escrow. Buyer and Seller agree to indemnify and hold
Escrow Agent harmless from any liability whatsoever regarding inspections or repairs, or any payment or
performance to be handled outside of escrow.
19.
APPROVALS. Buyer and Seller understand and agree that upon signing Escrow Agents Settlement
Statement deems their approval thereof and acknowledges to the best of their knowledge and belief that
it is a true and accurate statement of all authorized receipts and disbursements made on their account or
by them in connection with this escrow
20.
ALLOCATION OF FEES. If Buyer and Seller agree that any fees are to be allocated in the usual or
customary manner, or if Buyer and Seller do not provide for how fees will be allocated, Buyer and Seller
acknowledge that the fees will be paid one-half by Buyer and one-half by Seller. In addition, a party that
requests or benefits from additional services, including but not limited to overnight delivery, courier
services, wiring charges, e-mail document fees, payoff tracking fees, or signing fees, will pay for such
services if and as incurred. If Buyer is obtaining a new VA loan, Seller will pay the entire escrow fee.
21.
COMPLIANCE WITH LAW. Seller represents and warrants to Escrow Agent that Seller has complied
with all applicable federal, state, and local laws and regulations relating to the subdivision, lot split, or sale
of real property and will pay all costs, damages, attorneys' fees, expenses and liabilities that Escrow
Agent may incur or sustain in connection with any breach by Seller of this representation and warranty.
22.
COPIES TO REAL ESTATE AGENTS OR LENDERS. Escrow Agent is authorized to furnish copies of
any documents or papers to the parties' designated real estate agents or lenders. The parties designate
their real estate agents as their duly-authorized agents for the purpose of accepting on their behalf
documents or notices intended for delivery to the parties.
23.
NOTICE OF CLOSING PROTECTION. Pursuant to ARS §6-841.02, Buyers and Sellers of a residential
dwelling are hereby notified that the title insurer shall offer on request a Closing Protection Letter that
provides protection for the loss of escrow monies due to fraud or dishonesty of the escrow agent. For
purposes of this notice, "residential dwelling" means an owner occupied structure or an investment
property that is designed for residential use by four or fewer families. If you are involved in a real estate
transaction in which one or more policies of title insurance insuring the title to the property you are buying
is being issued to your mortgage lender for which that mortgage lender requested a Closing Protection
Letter, you as the Buyer/Borrower will automatically receive the benefit of the Closing Protection Letter
issued to said mortgage lender. If you are the Seller, the Closing Protection Letter issued to the
Buyer/Borrower's mortgage lender does not provide the benefit of its terms to you. If the transaction in
which you are involved is a cash transaction and no lender is involved, no Closing Protection Letter will
be issued unless you specifically request it.
A Closing Protection letter offers reimbursement for loss in connection with misappropriation of closing
funds and noncompliance with written closing instructions. A Closing Protection Letter may be issued to
protect you, the charge for this coverage is $25.00 per letter issued in connection with a real estate
closing in which one or more of the Company's title insurance policies are being issued.
You may obtain a Closing Protection Letter if you request it at this time.
If you are uncertain as to whether you should obtain a Closing Protection Letter, you are urged to seek
independent advice.
24.
NOTICE OF PURCHASER DWELLING ACTION. Pursuant to A.R.S. §12-1363(L), Escrow Agent hereby
gives Buyer notice of the provisions of A.R.S. §12-1361, 12-1362 and 12-1363 regarding "Purchaser
Dwelling Actions." Buyer is advised to consult with Buyer's own advisors regarding these statutes. Escrow
Agent makes no representations regarding the applicability or effect of these statutes. Copies of the
Statutes are available at http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp.
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25.
NOTICE OF RIGHT TO EARN INTEREST. Pursuant to ARS §6-834(D), notice is hereby given of the
right to earn interest on escrowed funds. An interest bearing account may be opened on your behalf, as
follows:
1.
You must ask your Escrow Agent to set-up an interest bearing account on your behalf.
2.
You agree to pay the escrow service charge in the amount of $50.00 for establishing such an
account.
3.
To establish an interest bearing account, ask for an "Interest Bearing Account Authorization". You
may also be asked to complete an IRS Form W9 and/or provide your U.S. Taxpayer
Identification Number as may be required by the depository to establish such an account. Any
forms requested must be completed and returned to your Escrow Agent before such account can
be opened with the depository.
4.
You may contact your Escrow Agent at Fidelity National Title Agency, Inc., 16430 North
Scottsdale Road, Suite130, Scottsdale, AZ 85254, Phone (480) 822-6600 or Fax (602) 8013504.
As an example, the estimated amount of interest you may earn on a deposit of $1,000 for a 30 day period
at an estimated savings account interest rate of 2% per annum is $1.67. Interest earned is dependent
upon the amount of the deposit, the time of deposit and prevailing interest rate at the time.
26.
NOTICE OF UNINSURED MONIES. Pursuant to A.R.S. §6-841.03. Notice is hereby given that the
monies deposited into an escrow account are not insured against loss from fraud or theft by the State of
Arizona or the United States government.
27.
CERTIFICATION. Buyer and Seller have read and understand these instructions and agree that all
instruments bearing their signature or bestowing a benefit upon them throughout the course of the
escrow, including without limitation any promissory note in their favor, and agree and understand that
their signatures or the bestowal of a benefit or duty signify their approval of the contents of these
instructions and any such instruments. Buyer and Seller acknowledge that they have been advised of
their right to seek independent advice before signing these instructions and any instruments and
documents that have been presented or will be presented during the course of the escrow that they were
given the opportunity to ask questions of the Escrow Officer about these instructions and the Settlement
Statement. Buyer and Seller understand that Escrow Agent is relying upon this certification in closing the
escrow, and agree that Escrow Agent will continue to act pursuant to these instructions until served with a
written notice of cancellation of these instructions, signed by both Buyer and Seller.
28.
AGREEMENT OF CO-OPERATION (UNJUST ENRICHMENT). In the event that any party to this escrow
receives funds or is credited with funds that they are not entitled to, for whatever reason, they agree,
upon written demand, to return said funds to the proper party entitled or to the escrow for disbursement.
In the event that suit is brought to enforce the return of said funds, the parties agree to reimburse the
prevailing party their reasonable attorney fees.
29.
NON-RESIDENT ALIEN. The Foreign Investment in Real Property Tax Act (FIRPTA), Title 26 U.S.C.,
Section 1445, and the regulations there under, provide in part, that a transferee (buyer) of a U.S. real
property interest from a foreign person must withhold a statutory percentage of the amount realized on
the disposition, report the transaction and remit the withholding to the Internal Revenue Service (IRS)
within twenty (20) days after the transfer. Fidelity National Title Agency, Inc. will not determine nor aid in
the determination of whether the FIRPTA withholding provisions are applicable to the subject transaction,
nor act as a Qualified Substitute under state or federal law, nor furnish tax advice to any party to the
transaction. Fidelity National Title Agency, Inc. will not determine nor aid in the determination of whether
the transaction will qualify for an exception or an exemption and is not responsible for the filing of any tax
forms with the IRS as they relate to FIRPTA, nor responsible for collecting and holding of any
documentation from the buyer or seller on the buyer’s behalf for the purpose of supporting a claim of an
exception or exemption. Fidelity National Title Agency, Inc. is not an agent for the buyer for the purposes
of receiving and analyzing any evidence or documentation that the seller in the subject transaction is a
U.S. citizen or resident alien. Fidelity National Title Agency, Inc. is not responsible for the payment of this
tax and/or penalty and/or interest incurred in connection therewith and such taxes are not a matter
covered by the Owner’s Policy of Title Insurance to be issued to the buyer.Fidelity National Title Agency,
Inc. is not responsible for the completion of any IRS documents or related forms related to the referenced
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statute. The buyer is advised: they must independently make a determination of whether the
contemplated transaction is subject to the withholding requirement; bear full responsibility for compliance
with the withholding requirement if applicable and/or for payment of any tax, interest, penalties and/or
other expenses that may be due on the subject transaction; and they are responsible for the completion
of any and all forms, including but not limited to applicable IRS documentation, and the mailing of those
forms. The Buyer is advised any forms, documents, or information received from Fidelity National Title
Agency, Inc. is not tax or legal advice and should not be construed as such nor treated as a complete
representation of FIRPTA requirements. Buyer should seek outside counsel from a qualified individual to
determine any and all implications of the referenced statute.
SELLER:
BUYER:
D & L Landscape and Design, LLC,
An
Arizona
Limited
Liability
Company
5/23/2020
By: Elizabeth Pardo
Its: Member
Terms and Conditions of Escrow - Resale
EI0000067 (DSI Rev. 01/10/20)
Date
Joseph Scarnato
Page 6
Date
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FIDELITY NATIONAL FINANCIAL, INC.
PRIVACY NOTICE
Effective April 9, 2020
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are
committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to
whom we disclose such information, and the choices you have about the use and disclosure of that information.
A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will
be available on the subsidiary’s website and this Privacy Notice does not apply.
Collection of Personal Information
FNF may collect the following categories of Personal Information:
 contact information (e.g., name, address, phone number, email address);
 demographic information (e.g., date of birth, gender, marital status);
 identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number);
 financial account information (e.g. loan or bank account information); and
 other personal information necessary to provide products or services to you.
We may collect Personal Information about you from:
 information we receive from you or your agent;
 information about your transactions with FNF, our affiliates, or others; and
 information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through
others.
Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application
(each an “FNF Website”) from your Internet browser, computer, and/or device:
 Internet Protocol (IP) address and operating system;
 browser version, language, and type;
 domain name system requests; and
 browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF
Website.
Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described
above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites.
Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF
Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.
Other Online Specifics
Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your
Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve
your user experience. For example, a cookie can help the website load properly or can customize the display page based on your
browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be
aware that doing so may impair or limit some functionality of the FNF Website.
Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to
improve our websites.
Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser.
Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy
practices or content of those websites. We recommend that you read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
 To provide products and services to you or in connection with a transaction involving you.
 To improve our products and services.
 To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently.
When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
 to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;
 to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only
to provide such services or functions;
FNF Privacy Statement (Eff. April 9, 2020)
MISC0218 (DSI Rev. 04/10/2020)
Copyright © 2020. Fidelity National Financial, Inc. All Rights Reserved.
Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
 to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly
market financial products or services to you;
 to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or
 in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights,
property, or safety of FNF, its customers, or the public.
The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we
may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not
otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by
law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see
“Choices with Your Information” to learn how to restrict that sharing.
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale
or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency,
receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you
expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described
proceedings.
Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.
Choices With Your Information
If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request by
email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates
for their use to direct market to you without your consent.
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal
Information or Browsing Information, FNF may not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as
permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on
our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the
information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact
information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas,
NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us.
For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for
marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want
a disclosure made for marketing purposes.
For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal
information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as
permitted by Vermont law, unless you authorize us to make those disclosures.
Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal
Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.
International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal
Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By
providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such
information in accordance with this Privacy Notice.
FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on
behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the
mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with
Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or
lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information
collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as
required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce
this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.
FNF Privacy Statement (Eff. April 9, 2020)
MISC0218 (DSI Rev. 04/10/2020)
Copyright © 2020. Fidelity National Financial, Inc. All Rights Reserved.
Escrow No.: 94013105-094-AS
DocuSign Envelope ID: 7E5960AC-E6B8-486C-8E4A-28A8432B2EE9
Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in
accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the
last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to
and acceptance of the changes to the Privacy Notice. We may use comments or feedback that you submit to us in any manner without
notice or compensation to you.
Accessing and Correcting Information; Contact Us
If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing,
send your requests to privacy@fnf.com, by phone to (888) 934-3354, or by mail to:
Fidelity National Financial, Inc.
601 Riverside Avenue,
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
FNF Privacy Statement (Eff. April 9, 2020)
MISC0218 (DSI Rev. 04/10/2020)
Copyright © 2020. Fidelity National Financial, Inc. All Rights Reserved.
Escrow No.: 94013105-094-AS