THE COLLECTIVE TITLE INSURANCE AGENCY, LLC
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GENERAL RULES AND PROVISIONS
1.1 Definition of Escrow
Escrow means any transaction in which any escrow property is delivered with or without
transfer of legal or equitable title, or both, and irrespective of whether a debtor-creditor
relationship is created, to a person not otherwise having any right, title or interest therein
in connection with the sale, transfer, encumbrance or lease of real or personal property, to
be delivered or redelivered by that person upon the contingent happening or non-
happening of a specified event or performance or nonperformance of a prescribed act,
when it is then to be delivered by such person to a grantee, grantor, promisee, promisor,
obligee, obligor, bailee or bailor, or any designated agent or employee of any of them.
Escrow includes subdivision trusts and account servicing. (A.R.S. 6-801(4), as Amended)
1.2 Definition of Escrow Agent
Escrow Agent means any person engaged in the business of accepting escrow. (A.R.S. 6-
801, as Amended)
Unless otherwise specified herein, whenever there is a reference to “Escrow Agent”,
Escrow Agent shall be The Collective Title Insurance Agency, LLC.
1.3 Definition of Escrow Business
Escrow Business means a commercial activity characterized by the regular and
continuous carrying on of escrow transactions. (A.R.S. 6-801, as amended)
1.4 Definition of Fair Value
Fair Value shall be construed as the full value of the property, the sale price, or the total
of encumbrances, whichever is higher. When a sale is not involved, the fair value shall
be determined from all available information, such as the amount of encumbrances,
assessed value, etc. In no event shall the fair value be less than the sum of the unpaid
principal balance of each mortgage and/or contract to which the property is subject,
unless such mortgages and/or contracts provide for financing of a lender’s loan and
closing costs, the mortgage provided for advances, or the capitalization of interest, in
which case the mortgages and/or contracts exceed the sales price. The Collective Title
Insurance Agency, LLC may be entitled to rely on the value provided by the parties to an
arm’s length transaction.
1.5 Computation from Basic Escrow Rate
The applicable rates shall be computed on the Fair Value of the property as defined above
in increments of $20,000, including any fractional percentage thereon of a set flat fee.
Whenever any fractional percentage of the Fair Value is used, the fee arrived at will be