[Appendix L]

Regional Center Letterhead

[Date]

REGIONAL CENTER ESCROW INSTRUCTIONS

To:	[Escrow Officer Name]

[Escrow Company]

[Escrow Company Address]

[Email; Phone – Escrow Company]

From:	[Name of Regional Center]

RE:	Escrow No. [___________]

[Property Address & APN]

Dear Mr./Ms. [Escrow Officer Last Name]:

THESE ESCROW INSTRUCTIONS dated as of [Month, Day, Year], are made by Name of Regional Center, a California nonprofit corporation (“Regional Center”) and the California Department of Developmental Services, a public agency of the State of California (“DDS”), to [Name of Escrow Company], located at [Address of Escrow Company], the consent of which appears at the end hereof.

References in these escrow instructions to recorded documents refer to documents recorded in the Official Records of [Name of County in which property is located] County, California (the "Official Records").

Recitals

[Name of NPO/Buyer], a California nonprofit corporation (“Buyer”) is in escrow to purchase the real property commonly known as [Full Address of Property] (the “Property”), through [Name of Escrow Company], Escrow No. __________, (the “Escrow”). Regional Center has agreed to provide the sum of [DDS Loan Amount spelled out] Dollars, ($________) cash (the “Disbursement”) to Escrow for Buyer as part of the Property’s purchase price, subject to the conditions described below. Buyer intends to obtain additional purchase money financing in the amount of [Senior Lender Loan Amount $], from [Name of Senior Lender] (the “Lender”) secured by a deed of trust (the “Senior Deed of Trust”). Buyer is scheduled to close Escrow and purchase the Property on or before [Month, Day, Year] (the “Escrow Closing Date”).

Deliveries to Escrow Officer

Enclosed with these Escrow Instructions from Regional Center are fully executed and notarized originals of the following:

DDS Restrictive Covenant;

DDS Deed of Trust;

DDS [Profit Participation Agreement] or [Promissory Note] (select one as applicable);

DDS Request for Notice of Default and/or Sale; and

Regional Center’s Request for Notice of Default and/or Sale.

In addition, the agreed upon DDS Pro forma Lender’s Title Policy is enclosed.

Escrow Instructions

These documents are to be recorded at [enter the County in which the property is located] in the following order, without intervening documents:

You are hereby instructed to record the following immediately after you record the Grant Deed to Buyer and the Senior Deed of Trust in favor of the Lender:

DDS Restrictive Covenant;

DDS Deed of Trust;

DDS [Profit Participation Agreement] (if using Promissory Note, delete item 3);

DDS Request for Notice of Default and/or Sale; and

Regional Center’s Request for Notice of Default and/or Sale.

Application of Disbursement

Regional Center shall deliver the Disbursement to you via wire transfer no later than the last business day before the Escrow Closing Date.

You shall apply the Disbursement to Buyer’s account and for its benefit WHEN AND ONLY WHEN:

Regional Center has informed you via email that it has received a signed Agreement to Provide Notice and Cure Rights from the Lender;

You have received a signed and acknowledged original Promissory Note from the Buyer (only applicable if using Promissory Note, otherwise delete item (2);

You are able to concurrently record the DDS Restrictive Covenant, the DDS Deed of Trust, the [DDS Profit Participation Agreement] (delete if using Promissory Note), the DDS Request for Notice of Default and/or Sale, and the Regional Center’s Request for Notice of Default and/or Sale in this order, immediately after you record the Grant Deed and the Senior Deed of Trust as instructed above; and

You are able to issue the DDS Lender’s Title Policy noted in the Paragraph below.

You are not authorized to apply the Disbursement until after you have recorded all the documents required in the section above in the Official Records. Authorization to deviate from this paragraph requires an express written communication from the undersigned.

Title Insurance

You are instructed to issue an ALTA Lender’s Policy of title for the benefit of the California Department of Developmental Services, in the sum of [$________] (which is the same amount as shown on the [Promissory Note or DDS Profit Participation Agreement] (select one that applies) in favor of DDS, showing fee title vested in the Buyer, naming DDS as insured, (the “DDS Lender’s Title Policy”). The DDS Lender’s Title Policy must conform to the enclosed Proforma Title Policy.

Delay of Closing

If you cannot close this Escrow on or before the Escrow Closing Date, you shall nevertheless close this Escrow when all conditions have been met, unless after the Escrow Closing Date and prior to the close of this Escrow, you receive Regional Center’s written demand for the return of the Disbursement. If such demand is made upon you, you shall return the Disbursement to the Regional Center along with the signed and unrecorded DDS Restrictive Covenant, DDS Deed of Trust, DDS Profit Participation Agreement (or Promissory Note), DDS Request for Notice of Default and/or Sale, and Regional Center’s Request for Notice of Default and/or Sale.

Escrow and Title Fees

Buyer shall be responsible for paying escrow related fees to (i) record the documents delivered by the Regional Center, (ii) deliver the documents described below and (iii) issue the DDS Lender’s Title Policy.

Delivery of Documents

Immediately following recordation of the documents identified in these Escrow Instructions, you shall deliver the following documents to the Regional Center and the DDS at the address shown below:

Copy of Grant Deed;

Copy of Senior Lender’s Deed of Trust;

Conformed copy of DDS Restrictive Covenant;

Conformed copy of DDS Deed of Trust;

Conformed copy of DDS [Profit Participation Agreement] (provide original executed promissory note if not using Profit Participation Agreement);

Conformed copy of DDS or Regional Center’s Request for Notice of Default and/or Sale (as applicable); and

DDS Lender’s Title Policy as required above.

Deliver to:

California Department of Developmental Services

Community Placement Plan Program (CPP)

1600 Ninth Street, Room 320, MS 3-9

Sacramento, CA 95814

Attention: Yvonne McCuistion Tucker, Chief

Email: yvonne.mccuistion@dds.ca.gov

Phone: (916) 654-1571

[Name of Regional Center]

[Address]

[Attn:	_________________________]

[Email:	_________________________]

[Phone:	_________________________]

Sincerely,

[Name of Regional Center,]

a California nonprofit corporation

By:	[____________________________]

Name:	[____________________________]

Title:	[____________________________]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CONSENT OF ESCROW OFFICER

Escrow No. [_______]

The undersigned Escrow Officer hereby accepts and agrees to be bound by the foregoing Escrow Instructions.

Dated:	[Name of Escrow Company]

Signed By: [________________________]

Print Name:	[________________________]

Title:	[________________________]