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CWCB Escrow Agreement
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CWCB Escrow Agreement
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10/14/2016 11:20:02 AM
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10/3/2016 12:25:15 PM
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Chatfield Mitigation
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and to: U.S. Bank National Association <br /> ATTN: Susan Selser <br /> Trust Finance Management <br /> 60 Livingston Ave EP MN WS2N <br /> St. Paul MN 55107 <br /> Telephone: 651-466-6090 <br /> Facsimile: 866-691-4161 <br /> E-mail: susan.selser@usbank.com <br /> or to such other address as each party may designate for itself by like notice and unless otherwise <br /> provided herein shall be deemed to have been given on the date received. <br /> 17. Optional Security Procedures. In the event funds transfer instructions,address <br /> reasonable opportunity to act on such changes. If the Escrow Agent is unable to contact any of <br /> the designated representatives identified in Schedules C-1 or C-2,as applicable,the Escrow <br /> Agent is hereby authorized but shall be under no duty to seek confirmation of such instructions <br /> by telephone call-back to any one or more of Depositor's or CRMC's executive officers <br /> ("Executive Officers"),as the case may be,which shall include the titles of Chairman of the <br /> Board,Treasurer and Secretary for Special Districts,or Chief Executive Officer,President and <br /> Vice President,as the Escrow Agent may select. Such Executive Officer shall deliver to the <br /> Escrow Agent a fully executed incumbency certificate,and the Escrow Agent may rely upon the <br /> confirmation of anyone purporting to be any such officer. Depositor and CRMC agree that the <br /> Escrow Agent may at its option record any telephone calls made pursuant to this Section.The <br /> Escrow Agent in any funds transfer may rely solely upon any account numbers or similar <br /> identifying numbers provided by Depositor or CRMC to identify(a)the beneficiary, (b)the <br /> beneficiary's bank,or(c)an intermediary bank. The Escrow Agent may apply any of the Escrow <br /> Funds for any transfer or payment order it executes using any such identifying number,even <br /> when its use may result in a person other than the beneficiary being paid,or the transfer of funds <br /> to a bank other than the beneficiary's bank or an intermediary bank designated. Depositor and <br /> CRMC acknowledge that these optional security procedures are commercially reasonable. <br /> 18. Amendment, Waiver and Assignment. None of the terms or conditions of this <br /> Escrow Agreement may be changed,waived,modified,discharged,terminated or varied in any <br /> manner whatsoever unless in writing duly signed by each party to this Escrow Agreement.No <br /> course of conduct shall constitute a waiver of any of the terms and conditions of this Escrow <br /> Agreement. A waiver of any of the terms and conditions of this Escrow Agreement on one <br /> occasion shall not constitute a waiver of the other terms of this Escrow Agreement,or of such <br /> terms and conditions on any other occasion. Except as provided in Section 9 hereof,this Escrow <br /> Agreement may not be assigned by any party without the written consent of the other parties. <br /> 19. Severability. To the extent any provision of this Escrow Agreement is prohibited <br /> by or invalid under applicable law, such provision shall be ineffective to the extent of such <br /> prohibition or invalidity, without invalidating the remainder of such provision or the remaining <br /> provisions of this Escrow Agreement. <br /> 20. Governing Law. This Escrow Agreement shall be construed and interpreted in <br /> 10 <br />
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