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Á¶°ÇºÎ ¾çµµ°è¾à¼­(Escrow Agreement)

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TZ-SHR-936629
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2018.10.05
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9 page / 44.0 KB
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escrow agreement  this escrow agreement is entered into [date]  among  
[aaa] (hereinafter referred to as the borrower)
and  [bbb] (hereinafter referred to as the lender)  and  
[ccc bank] (hereinafter referred to as the agent and/or holder)
the borrower, the lender and the agent are sometimes hereinafter collectively referred to as the parties.the [ccc] bank is sometimes hereinafter referred to as the [ccc].
recitals:  

a. [aaa] holdings ltd

, the buyer of the [] and the borrower for the loan amount of usd [], shall open an escrow account with the [ccc].
b.[bbb], the lender and the mortgagee of the aforementioned loan, shall have a security interest of the [].
c.the [ccc] bank as an escrow agent/or escrow holder of such an undertaking shall provide the safekeeping of the loan proceed, pay all the rightful parties claims upon the closing of the deal and transfer the right to file to the lender after the perfection of security interest and send a copy of the registration book of the aforementioned property to the lender every [] months.
therefore, in consideration of the foregoing recitals the parties agree as following terms and conditions:
1.the borrowers execution of the loan documents shall be deemed to be the borrowers approval of the terms and conditions of said loan and escrow agents execution to comply with the lenders instruction.
2.the borrower is to furnish, when required, a new fire insurance policy satisfactory to the lender.the lender may authorize such insurance payment of bill if presented to escrow agent.
3.the lender authorizes and instructs the escrow agent to pay closing costs including but not necessarily limited to: the loan origination fee as required by the lender if not already paid by the borrower at the time the loan proceeds are deposited with the escrow agent, premium for new fire insurance policy or increase in premium for existing coverage, escrow fees, recording fees, and any other charges as may be required by the lender and/or escrow agent for the initial duration of this agreement.for this purpose, the lender shall maintain the minimum balance no less than usd [] as required by the agent to cover the unexpected contingent expenses or tax payments.
4.amount of the escrow fee
the [ccc] shall charge [] basis point ( [] percent) to the funds deposited with the [ccc] for the purpose of said undertaking for the first year from the date on which this agreement becomes effective and [] basis point ( [] percent) per year for the years thereafter.
any unexpected contingent expenses, if arise, shall be charged to the funds.
5.duration
the duration of the agreement is [] year from the date on which this agreement shall become effective and it may be extended by the agreement between the lender and the agent.if the duration is extended, the fee shall be paid by the lender and never be charged to the funds or to the borrower in any circumstances whatsoever.
6.deposit and disbursement of funds

all funds received in relation to this escrow agreement and for the purpose of repayment of the loan by the borrower shall be deposited in the escrow account with the [ccc]. said funds will not earn interest

the agent shall make all disbursements: the agent is not to be responsible for any delay in closing if funds received by agent are not available for immediate withdrawal. the [ccc] is not authorized to close escrow account or disburse until good funds as provided in this agreement have been confirmed in escrow account

if any check submitted to the agent is dishonored upon presentment for payment, the escrow agent is authorized to notify all principals and/of their respective agents of such nonpayment.
7.close of escrow
the phrase close of escrow (or coe or ce) as used in this agreement means the date on which change of the property ownership as well as the creation of mortgage thereon is duly registered, unless otherwise specified, and the minimum balance requirement is withdrawn by the agent.it is acknowledged that the [ccc] is not responsible for the creation and perfection of the said mortgage.   (ÀÌÇÏ »ý·«)