Common use of ACCEPTANCE BY ESCROW HOLDER Clause in Contracts

ACCEPTANCE BY ESCROW HOLDER. The undersigned Escrow Holder hereby acknowledges that on the date set forth below, the undersigned received a fully executed duplicate original of the foregoing Option Agreement by and between City and University Development Foundation, affecting the Option Property. Subject to Escrow Holder’s receipt of acceptable escrow instructions, Xxxxxx Holder agrees to act as the Escrow Holder under this Agreement, and to comply with these instructions. Escrow Holder has assigned Escrow No. to this transaction for that purpose. PLACER TITLE COMPANY BY: EFFECTIVE DATE: , 20 Schedule 4.1.1 Documents and Materials [TO BE PROVIDED BY CITY AND ATTACHED WITHIN 5 DAYS OF THE EFFECTIVE DATE] EXHIBIT A Legal Description of the Option Property THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF PLACER, CITY OF ROSEVILLE, DESCRIBED AS FOLLOWS: PARCEL 2 OF "PARCEL MAP FOR ROSEVILLE CIVIC PLAZA SUBDIVISION NO. 000019,", FILED FOR RECORD SEPTEMBER 29, 2005, IN BOOK 32 OF PARCEL MAPS, PAGE 99, PLACER COUNTY RECORDS. APN: 013-0123-026-000 EXHIBIT B Form of Grant Deed RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: APN: (Space above this line for Recorder’s use) GRANT DEED Documentary Transfer Tax is $ Computed on the full value of the property conveyed; OR Computed on the full value less liens & encumbrances remaining at time of sale. unincorporated area, or X City of Roseville FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ROSEVILLE (“Grantor”), HEREBY GRANTS TO: , The following real property: As set forth in Exhibit A attached hereto and made a part hereof. subject to all matters of record, including, without limitation, that certain Gift Xxxxx Xxxx recorded in the Official Records of Placer County at Book 3794, Page 633, which imposes certain restrictions on the use and conveyance of the subject property as set forth in such instrument. Executed as of , 20 . GRANTOR: CITY OF ROSEVILLE, a municipal corporation By: Name: Title: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) ) ss. County of ) On , before me, (here insert name and title of officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person (s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of _ that the foregoing is true and correct. WITNESS my hand and official seal. [Seal] EXHIBIT A REAL PROPERTY DESCRIPTION

ACCEPTANCE BY ESCROW HOLDER. The undersigned Escrow Holder CHICAGO TITLE COMPANY hereby acknowledges that on the date set forth below, the undersigned it has received originally executed counterparts or a fully executed duplicate original of the foregoing Option Purchase and Sale Agreement by and between City Joint Escrow Instructions and University Development Foundation, affecting the Option Property. Subject to Escrow Holder’s receipt of acceptable escrow instructions, Xxxxxx Holder agrees to act as the Escrow Holder under this Agreement, thereunder and to comply with these instructionsbe bound by and perform the terms thereof as such terms apply to Escrow Holder. Escrow Holder has assigned Escrow No. to this transaction for that purpose. PLACER Dated: January ___, 2011 CHICAGO TITLE COMPANY BYBy: EFFECTIVE DATEPrinted Name: , 20 Schedule 4.1.1 Documents and Materials [TO BE PROVIDED BY CITY AND ATTACHED WITHIN 5 DAYS Its Authorized Agent EXHIBIT A LEGAL DESCRIPTION OF THE EFFECTIVE DATE] EXHIBIT A Legal Description of the Option Property REAL PROPERTY THE LAND DESCRIBED REAL PROPERTY REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF CASS, STATE OF CALIFORNIANORTH DAKOTA, COUNTY OF PLACER, CITY OF ROSEVILLE, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF "PARCEL MAP FOR ROSEVILLE CIVIC PLAZA SUBDIVISION NOLots 1 through 7; Lots 8 through 12, except the South 116’ thereof; Lots 13, 14, 20, 21, and 22; vacated alley adjacent to Lots 1 through 13 and Lot 22; all in Block 1, of Xxxxxx and Xxxxxx’x Addition to the City of Fargo, situate in the County of Cass and the State of North Dakota. 000019,", FILED FOR RECORD SEPTEMBER 29, 2005, IN BOOK 32 OF PARCEL MAPS, PAGE 99, PLACER COUNTY RECORDS. APN: 013-0123-026-000 EXHIBIT A -- [0:00 AM] DRAFT EXHIBIT B Form of Grant Deed FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN MAIL THIS GRANT DEED AND ALL TAX STATEMENTS TO: APN: (Above Space above this line for Recorder’s use's Use Only) GRANT DEED Documentary Transfer Tax is $ Computed on the full value not shown pursuant to Section 11932 of the property conveyed; OR Computed on the full value less liens & encumbrances remaining at time of saleRevenue and Taxation Code, as amended. unincorporated area, or X City of Roseville FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ROSEVILLE Dakota Bank Building Limited Partnership, an Illinois limited partnership (“"Grantor”"), HEREBY hereby GRANTS TO: to NetREIT Inc., The a Maryland corporation, the following described real property: As set forth in Exhibit A attached hereto and made a part hereof. subject to all matters of record, including, without limitation, that certain Gift Xxxxx Xxxx recorded property (the "Property") located in the Official Records City of Placer Fargo, County at Book 3794of Cass, Page 633State of North Dakota: Lots 1 through 7; Lots 8 through 12, which imposes certain restrictions on except the use and conveyance of the subject property as set forth in such instrument. Executed as of South 116’ thereof; Lots 13, 20 . GRANTOR: CITY OF ROSEVILLE14, a municipal corporation By: Name: Title: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached20, 21, and not 22; vacated alley adjacent to Lots 1 through 13 and Lot 22; all in Block 1, of Xxxxxx and Xxxxxx’x Addition to the truthfulnessCity of Fargo, accuracy, or validity of that document. State of ) ) ss. situate in the County of ) On , before me, (here insert name Cass and title of officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person (s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of _ that the foregoing is true and correctNorth Dakota. WITNESS my hand and official seal. [Seal] EXHIBIT A REAL PROPERTY DESCRIPTIONSUBJECT TO:

ACCEPTANCE BY ESCROW HOLDER. The undersigned Escrow Holder Old Republic Title hereby acknowledges that on the date set forth below, the undersigned it has received a fully fully-executed duplicate original counterpart of the foregoing Option Purchase Agreement by and between City Escrow Instructions and University Development Foundation, affecting the Option Property. Subject to Escrow Holder’s receipt of acceptable escrow instructions, Xxxxxx Holder agrees to act as the Escrow Holder under this Agreement, thereunder and to comply with these instructionsbe bound by and perform the terms thereof as such terms apply to Escrow Holder. Escrow Holder has assigned Escrow No. to this transaction for that purpose. PLACER TITLE COMPANY Dated: By: Its: LIST OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION OF LAND EXHIBIT B DEED EXHIBIT C GENERAL ASSIGNMENT EXHIBIT D CERTIFICATION EXHIBIT A TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS LEGAL DESCRIPTION OF LAND EXHIBIT B TO PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS RECORDING REQUESTED BY: EFFECTIVE DATE: Old Republic Title WHEN RECORDED, 20 Schedule 4.1.1 Documents and Materials [TO BE PROVIDED BY CITY MAIL THIS DEED AND ATTACHED WITHIN 5 DAYS OF THE EFFECTIVE DATE] EXHIBIT A Legal Description of the Option Property THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF PLACER, CITY OF ROSEVILLE, DESCRIBED AS FOLLOWS: PARCEL 2 OF "PARCEL MAP FOR ROSEVILLE CIVIC PLAZA SUBDIVISION NO. 000019,", FILED FOR RECORD SEPTEMBER 29, 2005, IN BOOK 32 OF PARCEL MAPS, PAGE 99, PLACER COUNTY RECORDS. APN: 013-0123-026-000 EXHIBIT B Form of Grant Deed RECORDING REQUESTED BY AND WHEN RECORDED RETURN MAIL TAX STATEMENTS TO: City Ventures Homebuilding, LLC 0000 Xxxxxxxxx Xxxxx, Suite 150 Irvine, CA 92612-5679 Attn: Xxxx Xxxxxxxx APN: (Space above this line Above Line for Recorder’s useUse Only) GRANT DEED The undersigned grantor(s) declare(s) Documentary Transfer Tax transfer tax is $ Computed city tax $ [ ] computed on the full value of the property conveyed; OR Computed , or [ ] computed on the full value less value of liens & or encumbrances remaining at time of sale. unincorporated area, or X [ ] Unincorporated Area of [ ] City of Roseville Novato QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ROSEVILLE and (collectively, “Grantor”), HEREBY GRANTS TO: hereby QUITCLAIMS to , The following a , (“Grantee”), all of its right, title and interest in and to that certain real property: As set forth property (the “Property”) in the County of Marin, State of California, as described in Exhibit A “1” attached hereto and made a part hereof. subject to all matters of record, including, without limitation, that certain Gift Xxxxx Xxxx recorded in the Official Records of Placer County at Book 3794, Page 633, which imposes certain restrictions on the use and conveyance of the subject property as set forth in such instrument. Executed as of , 20 . GRANTOR: CITY OF ROSEVILLE, a municipal corporation By: Name: Title: ACKNOWLEDGMENT A notary public or other officer completing incorporated herein by this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) ) ss. County of ) On , before me, (here insert name and title of officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person (s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of _ that the foregoing is true and correct. WITNESS my hand and official seal. [Seal] EXHIBIT A REAL PROPERTY DESCRIPTIONreference.

ACCEPTANCE BY ESCROW HOLDER. The undersigned Escrow Holder hereby acknowledges that on the date set forth below, the undersigned received a fully executed duplicate original of the foregoing Option Agreement by and between City and University Development Foundation, affecting the Option Property. Subject to Escrow Holder’s receipt of acceptable escrow instructions, Xxxxxx Holder agrees to act as the Escrow Holder under pursuant to the terms and conditions set forth in this Agreement. Dated: , 2015 FIRST AMERICAN TITLE INSURANCE COMPANY By: Its: Acknowledgement of Receipt and to comply with these instructions. Acceptance by Escrow Holder has assigned Escrow No. to this transaction for that purpose. PLACER TITLE COMPANY BY: EFFECTIVE DATE: , 20 Schedule 4.1.1 Documents and Materials [TO BE PROVIDED BY CITY AND ATTACHED WITHIN 5 DAYS OF THE EFFECTIVE DATE] EXHIBIT A Legal “A” Description of Real Property Parcel 1, in the Option Property THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE City of Costa Mesa, County of Orange, State of California, as shown on a Parcel Map filed in Book 12, Page 42 of Parcel Maps, in the Office of the County Recorder of said county. Except therefrom, all oil, gas, hydrocarbons, minerals and mineral rights in and under the Property, with the right to explore therefor, sell, lease and remove the same, but without the right of entry therefor upon the surface or within the upper five hundred (500) feet measured vertically downward from the natural surface, as reserved in Deed recorded October 5, 1967, in Book 8393, Page 920 of Official Records. APN 000-000-00 EXHIBIT “B” List of Contracts NONE EXHIBIT “D” Reserved EXHIBIT “E” FORM OF CALIFORNIA, COUNTY OF PLACER, CITY OF ROSEVILLE, DESCRIBED AS FOLLOWS: PARCEL 2 OF "PARCEL MAP FOR ROSEVILLE CIVIC PLAZA SUBDIVISION NO. 000019,", FILED FOR RECORD SEPTEMBER 29, 2005, IN BOOK 32 OF PARCEL MAPS, PAGE 99, PLACER COUNTY RECORDS. APN: 013-0123-026-000 EXHIBIT B Form of Grant Deed GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: APN, CA Attn: (Space above this line for Recorder’s use) GRANT DEED Documentary Transfer Tax is Mail all tax statements to: , CA Attn: APNs: THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $ Computed on the full value of the property conveyed; OR , or Computed on the full value less liens & and encumbrances remaining at time of sale. unincorporated area, or X Unincorporated area City of Roseville FOR VALUABLE CONSIDERATIONCosta Mesa GRANT DEED The undersigned grantor declares: BANC OF CALIFORNIA, receipt of which is hereby acknowledged, CITY OF ROSEVILLE a National Association (“Grantor”), HEREBY for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid in hand to Grantor by , a (“Grantee”), the receipt and sufficiency of which are hereby acknowledged, by these presents hereby GRANTS TO: to Grantee that certain real property located in Orange County, The following real property: As set forth California and legally described in Exhibit A attached hereto and incorporated herein by this reference, together with all improvements and fixtures, if any, located thereon and owned by Grantor as of the date hereof and all rights, privileges and appurtenances pertaining thereto including all of Grantor’s right, title and interest in and to all rights-of-way, open or proposed streets, alleys, easements, strips or gores of land adjacent thereto (herein collectively called the “Real Property”). This conveyance is made a part hereof. by Grantor and accepted by Grantee subject to all non-delinquent taxes, bonds and assessments and other matters of recordrecord (collectively, including“Permitted Exceptions”). TO HAVE AND TO HOLD the Real Property together with all improvements located thereon all and singular the rights and appurtenances thereto in anywise belonging, without limitation, that certain Gift Xxxxx Xxxx recorded in the Official Records of Placer County at Book 3794, Page 633, which imposes certain restrictions on the use and conveyance of the subject property as set forth in such instrument. Executed as of , 20 . GRANTOR: CITY OF ROSEVILLE, a municipal corporation By: Name: Title: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of ) ) ss. County of ) On , before me, (here insert name and title of officer), personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument Permitted Exceptions, unto Grantee, its legal representatives, successors and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person (s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of _ that the foregoing is true and correct. WITNESS my hand and official seal. [Seal] EXHIBIT A REAL PROPERTY DESCRIPTIONassigns forever.