Common use of DEPOSIT INTO ESCROW Clause in Contracts

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as investors have subscribed for the Minimum Subscription and, thereafter, whenever Dealer Manager receives an instrument of payment made payable to Escrow Agent, Dealer Manager will (i) send to Escrow Agent, or cause to be sent to Escrow Agent, each Subscription Payment received by it, accompanied by each investor's name, social security number or tax identification number, address (and any other information required for withholding purposes), number of Shares subscribed for and amounts paid by such investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw such Subscription Payments from Escrow Agent except as herein provided. Notwithstanding the foregoing, if any investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Agreement. (c) All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REIT, Inc." (the "Escrow Account"). The Escrow Account shall be created and maintained subject to the terms of this Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) If any of the investors' instruments of payment are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O Apartment REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as investors have subscribed for the Minimum Subscription and, thereafter, whenever Dealer Manager receives an instrument of payment made payable to Escrow Agent, Dealer Manager will (i) send to Escrow Agent, or cause to be sent to Escrow Agent, each Subscription Payment received by it, accompanied by each investor's name, social security number or tax identification number, address (and any other information required for withholding purposes), number of Shares subscribed for and amounts paid by such investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw such Subscription Payments from Escrow Agent except as herein provided. Notwithstanding the foregoing, if any investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Agreement. (c) All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office Apartment REIT, Inc." (the "Escrow Account"). The Escrow Account shall be created and maintained subject to the terms of this Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) If any of the investors' instruments of payment are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as prospective investors have subscribed for the Minimum Subscription Subscription, and, thereafter, whenever the Dealer Manager receives an instrument of payment made payable to the Escrow Agent, the Dealer Manager will (i) send to by 12:00 p.m. Eastern Time on the next business day following Dealer Manager's receipt of the same, deposit with Escrow Agent, or cause to be sent to deposited with Escrow Agent, each all Subscription Payment Payments received by it, accompanied by each investor's namea list of the names, social security number numbers or tax identification numbernumbers, address and addresses (and any other information required for withholding purposes)) of, number of Shares subscribed for and amounts paid by such by, each prospective investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw withdraw, or attempt to withdraw, such Subscription Payments from Escrow Agent Agent, except as herein provided. Notwithstanding the foregoing, if any prospective investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such prospective investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Escrow Agreement. (c) . Instruments of payment and wired funds received from residents of Pennsylvania shall be placed in a separate escrow account established specifically for such subscribers. All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REITWells Timber Real Estate Investment Trust, Inc." (the "Escrow AccountESCROW ACCOUNT"). The Xxe Escrow Account shall be created and maintained subject to the terms of this Escrow Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) . If any of the prospective investors' instruments of payment for the subscription of Shares are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Managerthe prospective investors. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as prospective investors have subscribed for the Minimum Subscription Subscription, and, thereafter, whenever the Dealer Manager receives an instrument of payment a check made payable to the Escrow Agent, the Dealer Manager will (i) send to by 12:00 p.m. Eastern Time on the next business day following Dealer Manager's receipt of the same, deposit with Escrow Agent, or cause to be sent to deposited with Escrow Agent, each all Subscription Payment Payments received by it, accompanied by each investor's namea list of the names, social security number numbers or tax identification numbernumbers, address and addresses (and any other information required for withholding purposes)) of, number of Shares subscribed for and amounts paid by such by, each prospective investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw withdraw, or attempt to withdraw, such Subscription Payments from Escrow Agent Agent, except as herein provided. Notwithstanding the foregoing, if any prospective investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such prospective investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Escrow Agreement. (c) . Instruments of payment and wired funds received from residents of Pennsylvania shall be placed in a separate escrow account established specifically for such subscribers. All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REITWells Timber Real Estate Investment Trust, Inc." (the "Escrow AccountESCROW ACCOUNT"). The Xxe Escrow Account shall be created and maintained subject to the terms of this Escrow Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) . If any of the investors' instruments of payment for the subscription of Shares are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as prospective investors have subscribed for the Minimum Subscription and, thereafter, whenever Dealer Manager receives an instrument of payment made payable to Escrow AgentSubscription, Dealer Manager will (i) send to by 12:00 p.m. Eastern Time on the next business day following Dealer Manager's receipt of the same, deposit with Escrow Agent, or cause to be sent to deposited with Escrow Agent, each all Subscription Payment Payments received by it, accompanied by each investor's namea list of the names, social security number numbers or tax identification numbernumbers, address and addresses (and any other information required for withholding purposes)) of, number of Shares subscribed for and amounts paid by such by, each prospective investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw withdraw, or attempt to withdraw, such Subscription Payments from Escrow Agent Agent, except as herein provided. Notwithstanding the foregoing, if any prospective investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such prospective investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Escrow Agreement. (c) . Instruments of payment and wired funds received from residents of Pennsylvania shall be placed in a separate escrow account established specifically for such subscribers. All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REITWells Timber Real Estate Investment Trust, Inc." (the "Escrow AccountESCROW ACCOUNT"). The Xxe Escrow Account shall be created and maintained subject to the terms of this Escrow Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) . If any of the investors' instruments of payment for the subscription of Shares are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior The Underwriters shall deliver checks received from Subscribers whose Subscriptions have been accepted, together with copies (which may be by telecopy) of the Subscriptions (countersigned as acceptable by an Underwriter and the Company), to the date that subscriptions have been received for Branch. Upon receipt of such checks, the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Managerdeposit them in the Escrow Account for collection. (b) Until such time as investors have subscribed In the event a Subscriber's check for the Minimum Purchase Price is received by the Company, the Company shall forward such check and a copy (which may be by telecopy) of the Subscription and(countersigned as acceptable by an Underwriter and the Company) to the Branch. Upon receipt of such check, thereafterthe Escrow Agent shall deposit it in the Escrow Account for collection. (c) In the event a Subscriber's check, whenever Dealer Manager receives together with a Subscription, is received by the Escrow Agent directly from a Subscriber, the Escrow Agent shall promptly forward a copy (which may be a telecopy) of the Subscription to the Company. Upon receipt by the Escrow Agent of a copy (which may be a telecopy) of the Subscription (countersigned as acceptable by the Company and an instrument of payment made payable to Underwriter), the Escrow Agent shall deposit the check in the Escrow Account for collection. Notwithstanding the foregoing, should a Subscription not be accepted by the Company and an Underwriter within five (5) business days following the Escrow Agent's delivery of a Subscription to the Company, Dealer Manager will the Escrow Agent shall return such check to the Subscriber, noting that such Subscription was "Not Accepted." (d) For purposes of this Agreement, a "business day" is a day other than a Saturday or Sunday or other day on which the Escrow Agent is not open for business in the State of New York. (e) The Company and an Underwriter may sign and transmit accepted Subscriptions to the Escrow Agent in counterparts. (f) Upon receipt of collected funds representing the aggregate Purchase Price for at least the Minimum Offering related to Subscriptions that have been accepted by the Company and at least one Underwriter during the Offering Period (the "Minimum Offering Proceeds"), the Escrow Agent shall promptly deliver notice to the Company and the Underwriters by telecopy confirming the Escrow Agent's receipt of such Minimum Offering Proceeds and disburse such funds in accordance with section 6(a). (g) In the event that the Minimum Offering Proceeds are disbursed in accordance with section 6(a) of this Agreement, the Escrow Agent shall deposit in the Escrow Account for collection any additional funds representing Subscriptions accepted by the Company and an Underwriter that the Escrow Agent receives, and shall disburse such funds in accordance with section 6(b). (h) Until the expiration of the Offering Period, the Escrow Agent shall maintain a list of (i) send to Escrow Agent, or cause to be sent to Escrow Agent, each Subscription Payment received by it, accompanied by each investor's the name, social security address and taxpayer identification number or tax identification numberof each Subscriber, address (and any other information required for withholding purposes), ii) the number of Shares subscribed for and amounts paid by such investorSubscriber, as accepted, and (iiiii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw such Subscription Payments the aggregate Purchase Price received from Escrow Agent except as herein provided. Notwithstanding the foregoing, if any investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Agreement. (c) All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REIT, Inc." (the "Escrow Account")each Subscriber. The Escrow Account Agent shall be created and maintained subject provide a copy of the foregoing information to the terms of this Agreement Company and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) If any Underwriters periodically during the Offering Period upon the request of the investors' instruments of payment are dishonored Company or returned to Escrow Agent for nonpayment prior to receipt an Underwriter and at the expiration of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such paymentOffering Period.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as prospective investors have subscribed for the Minimum Subscription and, thereafter, whenever Dealer Manager receives an instrument of payment made payable to Escrow AgentSubscription, Dealer Manager will (i) instruct subscribers to remit the Subscription Payments by wire transfer directly to the Escrow Account (as defined below), (ii) by 12:00 p.m. Eastern Time on the next business day following Escrow Agent’s receipt of Subscription Payments, send to Escrow Agent, or cause to be sent to Escrow Agent, each Subscription Payment received by it, accompanied by each investor's nameAgent a list of the names, social security number numbers or tax identification numbernumbers, address and addresses (and any other information required for withholding purposes)) of, number of Shares subscribed for and amounts paid by such by, each prospective investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw withdraw, or attempt to withdraw, such Subscription Payments from Escrow Agent Agent, except as herein provided. Notwithstanding the foregoing, if any prospective investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such prospective investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Escrow Agreement. (c) . All Subscription Payments delivered to received by Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "“Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REITXxxxx REIT Institutional, Inc." ” (the "“Escrow Account"”). The Escrow Account shall be created and maintained subject to the terms of this Escrow Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) . If any of the investors' instruments of payment for the subscription of Shares are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as prospective Pennsylvania investors have subscribed for the Pennsylvania Minimum Subscription and, thereafter, whenever the Dealer Manager receives an instrument of payment made payable to the Escrow Agent, the Dealer Manager will (i) send to by 12:00 p.m. Eastern Time on the next business day following Dealer Manager’s receipt of the same, deposit with Escrow Agent, or cause to be sent to deposited with Escrow Agent, each all Subscription Payment Payments received by itit from Pennsylvania investors, accompanied by each investor's namea list of the names, social security number numbers or tax identification numbernumbers, address and addresses (and any other information required for withholding purposes)) of, number of Shares subscribed for and amounts paid by such by, each prospective investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw withdraw, or attempt to withdraw, such Subscription Payments from Escrow Agent Agent, except as herein provided. Notwithstanding the foregoing, if any prospective investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such prospective investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Escrow Agreement. (c) . All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "“Pennsylvania Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REITXxxxx Timber Real Estate Investment Trust, Inc." ” (the "“Pennsylvania Escrow Account"”). The Pennsylvania Escrow Account shall be created and maintained subject to the terms of this Escrow Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) . If any of the prospective investors' ’ instruments of payment for the subscription of Shares are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Pennsylvania Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Managerthe prospective investors. In any such instance, Escrow Agent is authorized to debit the Pennsylvania Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior to the date that subscriptions have been received for the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Manager. (b) Until such time as prospective investors have subscribed for the Minimum Subscription and, thereafter, whenever the Dealer Manager receives an instrument of payment made payable to the Escrow Agent, the Dealer Manager will (i) send to by 12:00 p.m. Eastern Time on the next business day following Dealer Manager’s receipt of the same, deposit with Escrow Agent, or cause to be sent to deposited with Escrow Agent, each all Subscription Payment Payments received by it, accompanied by each investor's namea list of the names, social security number numbers or tax identification numbernumbers, address and addresses (and any other information required for withholding purposes)) of, number of Shares subscribed for and amounts paid by such by, each prospective investor, and (ii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw withdraw, or attempt to withdraw, such Subscription Payments from Escrow Agent Agent, except as herein provided. Notwithstanding the foregoing, if any prospective investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such prospective investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Escrow Agreement. (c) . Instruments of payment and wired funds received from residents of Pennsylvania shall be placed in a separate escrow account established specifically for such subscribers. All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "“Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REITXxxxx Timber Real Estate Investment Trust, Inc." ” (the "“Escrow Account"”). The Escrow Account shall be created and maintained subject to the terms of this Escrow Agreement and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) . If any of the prospective investors' ’ instruments of payment for the subscription of Shares are dishonored or returned to Escrow Agent for nonpayment prior to receipt of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Managerthe prospective investors. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such payment.

DEPOSIT INTO ESCROW. (a) Prior The Underwriter shall deliver checks received from Subscribers whose Subscriptions have been accepted, together with copies (which may be by telecopy) of the Subscriptions (countersigned as acceptable by the Underwriter and the Company), to the date that subscriptions have been received for Branch. Upon receipt of such checks, the Minimum Subscription, investors will be instructed by Dealer Manager or any soliciting dealers to remit the purchase price in the form of checks payable to the order of, or funds wired in favor of, "Trust Company of America, as escrow agent for NNN H/O REIT." Any instruments of payment made payable to a party other than Escrow Agent shall be returned to Dealer Managerdeposit them in the Escrow Account for collection. (b) Until such time as investors have subscribed In the event a Subscriber's check for the Minimum Purchase Price is received by the Company, the Company shall forward such check and a copy (which may be by telecopy) of the Subscription and(countersigned as acceptable by the Underwriter and the Company) to the Branch. Upon receipt of such check, thereafterthe Escrow Agent shall deposit it in the Escrow Account for collection. (c) In the event a Subscriber's check, whenever Dealer Manager receives an instrument together with a Subscription, is received by the Escrow Agent directly from a Subscriber, the Escrow Agent shall promptly forward a copy (which may be a telecopy) of payment made payable the Subscription to the Company. Upon receipt by the Escrow Agent of a copy (which may be a telecopy) of the Subscription (countersigned as acceptable by the Company and the Underwriter), the Escrow Agent shall deposit the check in the Escrow Account for collection. Notwithstanding the foregoing, should a Subscription not be accepted by the Company and the Underwriter within five (5) business days following the Escrow Agent's delivery of a Subscription to the Company, Dealer Manager will the Escrow Agent shall return such check to the Subscriber, noting that such Subscription was "Not Accepted." (d) For purposes of this Agreement, a "business day" is a day other than a Saturday or Sunday or other day on which the Escrow Agent is not open for business in the State of New York. (e) The Company and the Underwriter may sign and transmit accepted Subscriptions to the Escrow Agent in counterparts. (f) Upon receipt of collected funds representing the aggregate Purchase Price for at least the Minimum Offering related to Subscriptions that have been accepted by the Company and the Underwriter during the Offering Period (the "Minimum Offering Proceeds"), the Escrow Agent shall promptly deliver notice to the Company and the Underwriter by telecopy confirming the Escrow Agent's receipt of such Minimum Offering Proceeds and disburse such funds in accordance with section 6(a). (g) In the event that the Minimum Offering Proceeds are disbursed in accordance with section 6(a) of this Agreement, the Escrow Agent shall deposit in the Escrow Account for collection any additional funds representing Subscriptions accepted by the Company and the Underwriter that the Escrow Agent receives, and shall disburse such funds in accordance with section 6(b). (h) Until the expiration of the Offering Period, the Escrow Agent shall maintain a list of (i) send to Escrow Agent, or cause to be sent to Escrow Agent, each Subscription Payment received by it, accompanied by each investor's the name, social security address and taxpayer identification number or tax identification numberof each Subscriber, address (and any other information required for withholding purposes), ii) the number of Shares subscribed for and amounts paid by such investorSubscriber, as accepted, and (iiiii) allow such Subscription Payments to remain in escrow with Escrow Agent and not withdraw such Subscription Payments the aggregate Purchase Price received from Escrow Agent except as herein provided. Notwithstanding the foregoing, if any investor shall exercise any right provided by law to rescind his or her subscription, Escrow Agent shall, upon notice from Company or Dealer Manager, return to such investor all Subscription Payments pertaining to such subscription, together with any earnings thereon during the period that such Subscription Payments were held by Escrow Agent under this Agreement. (c) All Subscription Payments delivered to Escrow Agent by Dealer Manager pursuant hereto shall be deposited immediately by Escrow Agent in a separate account designated as the "Escrow Account for the Benefit of Subscribers for Common Stock of NNN Healthcare/Office REIT, Inc." (the "Escrow Account")each Subscriber. The Escrow Account Agent shall be created and maintained subject provide a copy of the foregoing information to the terms of this Agreement Company and the customary rules and regulations of Escrow Agent pertaining to such accounts. (d) If any Underwriter periodically during the Offering Period upon the request of the investors' instruments of payment are dishonored Company or returned to Escrow Agent for nonpayment prior to receipt the Underwriter and at the expiration of the Minimum Subscription, Escrow Agent shall promptly notify Dealer Manager in writing of such nonpayment and return such instruments of payment to Dealer Manager. In any such instance, Escrow Agent is authorized to debit the Escrow Account in the amount of such return payment as well as any earnings on the investment represented by such paymentOffering Period.