Common use of Disbursements and Other Actions by Escrow Holder Clause in Contracts

Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause the Grant Deed to be recorded in the Official Records of the County, together with any other documents that the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder by Buyer as follows: i. Deduct (and disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct the Title Company to issue the Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer and Seller, originals of the executed counterparts of the documents and instruments deposited by the parties pursuant to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closing. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. (a) Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause (i) Cause the Grant Special Warranty Deed (and any other documents which the parties hereto may mutually direct) to be recorded in the Official Records of the Worcester County, together with any other documents that the parties hereto State of Massachusetts, in such order as Buyer may mutually direct.; b. Escrow Holder shall hold and/or disburse (ii) Disburse all funds deposited with Escrow Holder by Buyer towards payment of the Purchase Price for the Property as follows: i. (A) Deduct (and disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) therefrom all items chargeable to the account of Seller pursuant hereto; (B) The remaining balance of the funds so deposited by Buyer towards payment of the Purchase Price shall be disbursed to Seller promptly upon the Close of Escrow; (iii) Disburse from funds deposited by Buyer with Escrow Holder towards payment of all closing costs chargeable to the account of Buyer pursuant hereto (includingsuch monies as are necessary to pay all such closing costs of Buyer, without limitationand disburse the balance of such funds, any credits and/or reimbursements if any, to which Buyer is entitled where expressly provided in this Agreement)Buyer; and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct the Title Company to issue (iv) Deliver the Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer and Seller, originals (b) Upon confirmation of recordation of the executed Special Warranty Deed, the parties shall: (i) Deliver the Lease, FedEx Estoppel, General Assignment, original contracts, Certification of Representations and Warranties, Certification re Withholding, and counterparts of the documents Closing Statement and instruments deposited the Assignment of Lease and Assignment of Contracts executed by the parties pursuant Seller to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original Buyer; (ii) Deliver counterparts of the CertificationClosing Statement and the Assignment of Lease executed by Buyer to Seller; (iii) Mail the approved form of letter to FedEx advising them of this transaction; and and (iv) Deliver to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to both Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closingeither party hereto or recorded pursuant to this Agreement. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. Upon the Close of ------------------------------------------------ Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause (i) Cause the Grant Deed to be recorded in the Official Records of the San Mateo County, together with any other documents that the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse (ii) Disburse all funds deposited with Escrow Holder by Buyer towards payment of the Purchase Price for the Property as follows: i. (A) Deduct (and disburse) all items chargeable therefrom sums required to pay the account closing costs of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct (B) Disburse therefrom the Title Company sum required to issue pay to Seller the amount of the Purchase Price, less sums necessary to pay the closing costs of Seller. (C) Disburse the balance, if any, to Buyer. (iii) Deliver the Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer (iv) Deliver the Xxxx of Sale, General Assignment, and Seller, originals of the executed counterparts of the documents New Leases and instruments deposited the Assignment of Contracts executed by Seller to Buyer. (v) Deliver counterparts of the parties pursuant New Leases and the Assignment of Contracts, executed by Buyer to Section 11 hereof that are not recorded, Seller. (vi) Deliver to both Buyer and Seller copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to Buyer and Seller duplicate originals or copies (as the case may be) of all other documents delivered by Escrow Holder to Buyer at Closingeither party hereto or recorded pursuant to this Agreement. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. (a) Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause (1) Deliver the Grant Deed Title Policies to Buyer. (2) Disburse the Acquisition Common Stock to Seller. (3) Cause the Deeds to be recorded in the Official Records of the Countycounty in which the respective Land is situated, and at the Closing of the acquisition of the Rancho Xxxxxx Loan, cause to be recorded the Assignment of Note and Liens in the county where the Rancho Xxxxxx Property is located. (b) Upon confirmation of recordation of the Deeds, Escrow Holder shall: (1) Deliver the Leases, Xxxx of Sale, General Assignment, Certification Regarding Withholding, and a counterpart of the Assignment of Leases executed by Seller for each Property being transferred at the Closing in question to Buyer, and, at the Closing therefor, deliver to Buyer the endorsed original Rancho Downey Note, the other Rancho Downey Loan Documents, and the Assignment of Note and Liens. (2) Deliver a counterpart of the Assignment of Leases, Registration Rights Agreement, the Amended and Restated Excepted Holder Agreement, and General Assignment executed by Buyer to Seller, together with any other documents that an original copy of the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder by Buyer as follows: i. Deduct (Opinion and disburse) all items chargeable to the account Certificate of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited Withholding executed by Buyer. c. Escrow Holder shall direct (3) Mail the Title Company approved form of letter to issue the Title Policy to Buyertenants advising them of this transaction. d. Escrow Holder shall deliver (4) Deliver to Buyer and Seller, originals of the executed counterparts of the documents and instruments deposited by the parties pursuant to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to both Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closingeither party hereto or recorded pursuant to this Agreement. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. Upon the Close Closing of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicatedfollowing manner: a. 6.3.1 prorate all matters referenced in Section 2.6.2 based upon the statement delivered into Escrow Holder shall signed by the parties; 6.3.2 cause the Grant Deed following documents to be recorded in the Official Records in the following order: (a) the Grant Deed, (b) the Deed of Trust, (c) the Subordination Agreement and (d) the Junior Deed of Trust; 6.3.3 concurrent with the recording of the Countyinstruments described in subparagraph (b) above, together with any other documents that the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all from funds deposited by Buyer with Escrow Holder by Buyer as follows: i. Deduct (and disburse) towards payment of all items (including, without limitation, the cash portion of the Purchase Price) chargeable to the account of Buyer pursuant heretohereto in payment of such costs, and disburse the balance of such funds, if any, to Buyer; 6.3.4 deliver to Seller (i) fully executed originals the Buyer’s Purchase Note, the General Assignment, the Assignment of Contracts, and any other document which is to be delivered to Seller hereunder or deposited into the Escrow for the benefit of Seller, and (ii. Deduct () upon recordation in the Official Records, conformed and disburse or credit recorded copies of each of the Deed of Trust, the Subordination Agreement and the Junior Deed of Trust; 6.3.5 deliver to Buyer where appropriate(i) all items chargeable fully executed originals of the Bxxx of Sale, the FIRPTA Certificate, the General Assignment, the Assignment of Contracts and any other documents which are to be delivered to Buyer hereunder, and (ii) conformed and recorded copies of each of the account Subordination Agreement, the Deed of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement)Trust and the Junior Deed of Trust; and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall 6.3.6 direct the Title Company to issue the Buyer’s Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer and the Seller, originals of the executed counterparts of the documents and instruments deposited by the parties pursuant ’s Title Policy to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special TaxSeller. e. Escrow Holder shall deliver to Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closing. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. (a) Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause (i) Cause the Grant Special Warranty Deed (and any other documents which the parties hereto may mutually direct) to be recorded in the Official Records of the CountyLafayette Parish, together with any other documents that the parties hereto State of Louisiana, in such order as Buyer may mutually direct.; b. Escrow Holder shall hold and/or disburse (ii) Disburse all funds deposited with Escrow Holder by Buyer towards payment of the Purchase Price for the Property as follows: i. (A) Deduct (and disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) therefrom all items chargeable to the account of Seller pursuant hereto; (B) The remaining balance of the funds so deposited by Buyer towards payment of the Purchase Price shall be disbursed to Seller promptly upon the Close of Escrow; (iii) Disburse from funds deposited by Buyer with Escrow Holder towards payment of all closing costs chargeable to the account of Buyer pursuant hereto (includingsuch monies as are necessary to pay all such closing costs of Buyer, without limitationand disburse the balance of such funds, any credits and/or reimbursements if any, to which Buyer is entitled where expressly provided in this Agreement)Buyer; and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct the Title Company to issue (iv) Deliver the Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer and Seller, originals (b) Upon confirmation of recordation of the executed Special Warranty Deed, the parties shall: (i) Deliver the Lease, FedEx Estoppel, General Assignment, original contracts, Certification of Representations and Warranties, Certification re Withholding, and counterparts of the documents Closing Statement and instruments deposited the Assignment of Lease and Assignment of Contracts executed by the parties pursuant Seller to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original Buyer; (ii) Deliver counterparts of the CertificationClosing Statement and the Assignment of Lease executed by Buyer to Seller; (iii) Mail the approved form of letter to FedEx advising them of this transaction; and and (iv) Deliver to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to both Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closingeither party hereto or recorded pursuant to this Agreement. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall first cause the Grant Deed to be recorded in the Official Records of the County, together with any other documents that the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder by Buyer as follows: i. Deduct (and disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct the Title Company to issue the Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer and Seller, originals of the executed counterparts of the documents and instruments deposited by the parties pursuant to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closing. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. Upon the Closing, Escrow Holder promptly shall undertake all of the following: (a) disburse all funds deposited with Escrow Holder by Buyer in payment of the Purchase Price (less the Independent Consideration previously disbursed to Seller and the agreed-upon consideration for conveyance of the Parking Easement), (b) pay Buyer’s portion of the escrow and title fees and charges and closing costs, (c) deduct all items chargeable to the account of Seller under Section 8, (d) pay the amounts owing to the persons entitled to payment, and disburse the remaining balance of the funds to Seller, or in accordance with Seller’s written instructions, promptly upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall ; (e) cause the Grant Deed Deed, Parking Easement, Subordination Agreement, the Memorandum of Agreement, and any other documents which Buyer or the Parties may direct to be recorded in the Official Records of the County, together with any other documents that Orange County Recorder in the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder order directed by Buyer as follows: i. Deduct the Parties; (f) prepare and disburse) all items chargeable deliver to the account each of Buyer pursuant hereto; ii. Deduct and Seller two conformed copies of the Grant Deed and Parking Easement; (and disburse or credit to Buyer where appropriateg) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct cause the Title Company to issue the Buyer’s Title Policy to Buyer. d. Escrow Holder shall ; (h) deliver two executed copies of the Blanket Assignment and Xxxx of Sale for the Property to each of Buyer and Seller; (i) deliver to Buyer and Seller, originals the proof of the executed counterparts of the documents and instruments authority deposited into Escrow by the parties Seller pursuant to Section 11 hereof that are not recorded, and copies of all recorded documents9.1; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall (j) deliver to Buyer the certifications deposited into Escrow by Seller pursuant to Section 9.1; and (k) deliver to Seller duplicate originals or copies (as the case may be) any proof of all documents delivered authority deposited into Escrow by Escrow Holder Buyer pursuant to Buyer at Closing. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.Section 9.2.‌

Disbursements and Other Actions by Escrow Holder. (a) Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause (1) Deliver the Grant Deed Title Policies to Buyer. (2) Disburse the Acquisition Common Stock to Seller. (3) Cause the Deeds to be recorded in the Official Records of the Countycounty in which the respective Land is situated, and at the Closing of the acquisition of the Rancho Xxxxxx Loan, cause to be recorded the Assignment of Note and Liens in the county where the Rancho Xxxxxx Property is located. (b) Upon confirmation of recordation of the Deeds, Escrow Holder shall: (1) Deliver the Leases, Xxxx of Sale, General Assignment, Certification Regarding Withholding, and a counterpart of the Assignment of Leases executed by Seller for each Property being transferred at the Closing in question to Buyer, and, at the Closing therefor, deliver to Buyer the endorsed original Rancho Xxxxxx Note, the other Rancho Xxxxxx Loan Documents, and the Assignment of Note and Liens. (2) Deliver a counterpart of the Assignment of Leases, Registration Rights Agreement, the Amended and Restated Excepted Holder Agreement, and General Assignment executed by Buyer to Seller, together with any other documents that an original copy of the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder by Buyer as follows: i. Deduct (Opinion and disburse) all items chargeable to the account Certificate of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer where appropriate) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited Withholding executed by Buyer. c. Escrow Holder shall direct (3) Mail the Title Company approved form of letter to issue the Title Policy to Buyertenants advising them of this transaction. d. Escrow Holder shall deliver (4) Deliver to Buyer and Seller, originals of the executed counterparts of the documents and instruments deposited by the parties pursuant to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to both Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closingeither party hereto or recorded pursuant to this Agreement. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.

Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in the manner indicated: a. Escrow Holder shall cause the Grant Deed Deeds to be recorded in the Official Records of the County, together with any other documents that the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder by Buyer as follows: i. Deduct all items chargeable to the account of Seller pursuant hereto; ii. Disburse to Seller the Purchase Price, less items deducted pursuant to subsection i. above and any amounts previously disbursed to Seller; and iii. Deduct (and disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (hereto and disburse or credit to Buyer where appropriate) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct the Title Company to issue the Title Policy to Buyer. d. Escrow Holder shall deliver to Buyer and Seller, originals of the executed counterparts of the documents and instruments deposited by the parties pursuant to Section 11 hereof that are not recordedabove, and copies of all recorded documents; and to Buyer only, the original of the Certification; and to Seller only, the originals of the Notices of Special Tax. e. Escrow Holder shall deliver to Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at ClosingBuyer. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer“Closing Statement”.

Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following in (A) deliver to the manner indicated: a. Escrow Holder shall “County Recorder” and cause the Grant Deed (with documentary transfer tax information to be affixed after recording) and any other documents which the parties hereto may mutually direct to be recorded in the Official Records of the County, together with any other documents that the parties hereto may mutually direct. b. Escrow Holder shall hold and/or disburse all funds deposited with Escrow Holder by Buyer as follows: i. Deduct (County and disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (and disburse or credit obtain conformed copies thereof for distribution to Buyer where appropriateand Seller, (B) all items chargeable to the account of Seller pursuant hereto (including, without limitation, any credits and/or reimbursements to which Buyer is entitled where expressly provided in this Agreement); and iii. Refund to Buyer any excess funds deposited by Buyer. c. Escrow Holder shall direct the Title Company to issue the Title Policy to Buyer. d. Escrow Holder shall , (C) disburse the Purchase Price, after adjustment pursuant to the terms of this Agreement for expenses and prorations, to Seller and deliver the balance of the funds placed in escrow by Buyer, if any, to Buyer, (D) disburse to Buyer a conformed copy of the Deed and Seller, executed originals of the Tenant Lease Assignment, the General Assignment, the Bxxx of Sale, the FIRPTA Certificate, the Form 593, the Tenant Notification Letters and change of address notices duly executed counterparts by Seller and any other documents (or copies thereof) deposited into Escrow by Seller pursuant hereto, and (E) disburse to Seller a conformed copy of the documents Deed and instruments deposited by the parties pursuant to Section 11 hereof that are not recorded, and copies of all recorded documents; to Buyer only, the original of the Certification; and to Seller only, the executed originals of the Notices of Special TaxTenant Lease Assignment, and the General Assignment. e. Escrow Holder shall deliver to Buyer and Seller duplicate originals or copies (as the case may be) of all documents delivered by Escrow Holder to Buyer at Closing. f. Escrow Holder shall provide Buyer and Seller with a closing statement covering the sale of the Property to Buyer.