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 (A) deliver to the “County Recorder” and cause the 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 and obtain conformed copies thereof for distribution to Buyer and Seller, (B) direct the Title Company to issue the Title Policy to Buyer, (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 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 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 Deed and executed originals of the Tenant Lease Assignment, and the General Assignment.

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 ; (Ae) deliver to the “County Recorder” and cause the Deed (with documentary transfer tax information to be affixed after recording) Grant Deed, Parking Easement, Subordination Agreement, the Memorandum of Agreement, and any other documents which Buyer or the parties hereto Parties may mutually direct to be recorded in the Official Records of the Orange County Recorder in the order directed by the Parties; (f) prepare and obtain deliver to each of Buyer and Seller two conformed copies thereof for distribution to Buyer of the Grant Deed and Seller, Parking Easement; (Bg) direct cause the Title Company to issue the Buyer’s Title Policy to Buyer, ; (Ch) disburse the Purchase Price, after adjustment pursuant to the terms of this Agreement for expenses and prorations, to Seller and deliver the balance two executed copies of the funds placed in escrow by Buyer, if any, Blanket Assignment and Xxxx of Sale for the Property to Buyer, each of Buyer and Seller; (Di) disburse deliver to Buyer a conformed copy the proof of the Deed and 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 by Seller and any other documents (or copies thereof) authority deposited into Escrow by Seller pursuant hereto, to Section 9.1; (j) deliver to Buyer the certifications deposited into Escrow by Seller pursuant to Section 9.1; and (Ek) disburse deliver to Seller a conformed copy any proof of the Deed and executed originals of the Tenant Lease Assignment, and the General Assignment.authority deposited into Escrow by Buyer pursuant to Section 9.2.‌

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: (Ai) deliver to the “County Recorder” and cause Cause the 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 San Mateo County. (ii) Disburse all funds deposited with Escrow Holder by Buyer towards payment of the County and obtain conformed copies thereof Purchase Price for distribution the Property as follows: (A) Deduct therefrom sums required to Buyer and Seller, pay the closing costs of Buyer. (B) direct Disburse therefrom the Title Company sum required to issue pay to Seller the Title Policy to Buyer, (C) disburse amount of the Purchase Price, after adjustment pursuant less sums necessary to pay the terms closing costs of this Agreement for expenses and prorations, to Seller and deliver Seller. (C) Disburse the balance of the funds placed in escrow by Buyerbalance, if any, to Buyer. (iii) Deliver the Title Policy to Buyer. (iv) Deliver the Xxxx of Sale, (D) disburse to Buyer a conformed copy of the Deed and executed originals of the Tenant Lease Assignment, the General Assignment, and counterparts of the Bxxx New Leases and the Assignment of Sale, the FIRPTA Certificate, the Form 593, the Tenant Notification Letters and change of address notices duly Contracts executed by Seller to Buyer. (v) Deliver counterparts of the New Leases and any the Assignment of Contracts, executed by Buyer to Seller. (vi) Deliver to both Buyer and Seller copies of all other documents (delivered to either party hereto or copies thereof) deposited into Escrow by Seller recorded pursuant hereto, and (E) disburse to Seller a conformed copy of the Deed and executed originals of the Tenant Lease Assignment, and the General Assignmentthis Agreement.

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: (A1) deliver Deliver the Title Policies to Buyer. (2) Disburse the “County Recorder” and cause Acquisition Common Stock to Seller. (3) Cause the Deed (with documentary transfer tax information to be affixed after recording) and any other documents which the parties hereto may mutually direct Deeds to be recorded in the Official Records of the County county in which the respective Land is situated, and obtain conformed copies thereof 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 distribution to Buyer and Seller, (B) direct each Property being transferred at the Title Company to issue the Title Policy 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. (C2) disburse the Purchase Price, after adjustment pursuant to the terms of this Agreement for expenses and prorations, to Seller and deliver the balance Deliver a counterpart of the funds placed in escrow Assignment of Leases, Registration Rights Agreement, the Amended and Restated Excepted Holder Agreement, and General Assignment executed by BuyerBuyer to Seller, if any, to Buyer, (D) disburse to Buyer a conformed together with an original copy of the Deed Opinion and executed originals the Certificate 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 Withholding executed by Buyer. (3) Mail the approved form of letter to the tenants advising them of this transaction. (4) Deliver to both Buyer and Seller and any other copies of all documents (delivered to either party hereto or copies thereof) deposited into Escrow by Seller recorded pursuant hereto, and (E) disburse to Seller a conformed copy of the Deed and executed originals of the Tenant Lease Assignment, and the General Assignmentthis Agreement.

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: (A1) deliver Deliver the Title Policies to Buyer. (2) Disburse the “County Recorder” and cause Acquisition Common Stock to Seller. (3) Cause the Deed (with documentary transfer tax information to be affixed after recording) and any other documents which the parties hereto may mutually direct Deeds to be recorded in the Official Records of the County county in which the respective Land is situated, and obtain conformed copies thereof 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 distribution to Buyer and Seller, (B) direct each Property being transferred at the Title Company to issue the Title Policy 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. (C2) disburse the Purchase Price, after adjustment pursuant to the terms of this Agreement for expenses and prorations, to Seller and deliver the balance Deliver a counterpart of the funds placed in escrow Assignment of Leases, Registration Rights Agreement, the Amended and Restated Excepted Holder Agreement, and General Assignment executed by BuyerBuyer to Seller, if any, to Buyer, (D) disburse to Buyer a conformed together with an original copy of the Deed Opinion and executed originals the Certificate 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 Withholding executed by Buyer. (3) Mail the approved form of letter to the tenants advising them of this transaction. (4) Deliver to both Buyer and Seller and any other copies of all documents (delivered to either party hereto or copies thereof) deposited into Escrow by Seller recorded pursuant hereto, and (E) disburse to Seller a conformed copy of the Deed and executed originals of the Tenant Lease Assignment, and the General Assignmentthis Agreement.

Disbursements and Other Actions by Escrow Holder. Upon the Close Closing of Escrow, Escrow Holder shall promptly undertake all of the following (A) deliver to in the “County Recorder” and following manner: 6.3.1 prorate all matters referenced in Section 2.6.2 based upon the statement delivered into Escrow signed by the parties; 6.3.2 cause the Deed (with documentary transfer tax information to be affixed after recording) and any other following documents which the parties hereto may mutually direct 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 County and obtain conformed copies thereof for distribution to instruments described in subparagraph (b) above, disburse from funds deposited by Buyer and Sellerwith Escrow Holder towards payment of all items (including, (B) direct without limitation, the Title Company to issue the Title Policy to Buyer, (C) disburse cash portion of the Purchase Price, after adjustment pursuant ) chargeable to the terms account of this Agreement for expenses Buyer pursuant hereto in payment of such costs, and prorations, to Seller and deliver disburse the balance of the funds placed in escrow by Buyersuch funds, if any, to Buyer, ; 6.3.4 deliver to Seller (Di) disburse to Buyer a conformed copy of the Deed and fully executed originals of the Tenant Lease AssignmentBuyer’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) upon recordation in the Official Records, conformed and recorded copies of each of the Deed of Trust, the Subordination Agreement and the Junior Deed of Trust; 6.3.5 deliver to Buyer (i) fully executed originals of the Bxxx of Sale, the FIRPTA Certificate, the Form 593General Assignment, the Tenant Notification Letters and change Assignment of address notices duly executed by Seller Contracts and any other documents (or copies thereof) deposited into Escrow by Seller pursuant heretowhich are to be delivered to Buyer hereunder, and (Eii) disburse to Seller a conformed copy and recorded copies of each of the Subordination Agreement, the Deed and executed originals of the Tenant Lease Assignment, Trust and the General AssignmentJunior Deed of Trust; and 6.3.6 direct the Title Company to issue the Buyer’s Title Policy to Buyer and the Seller’s Title Policy to Seller.

Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, Escrow Holder shall promptly undertake all of the following (A) deliver to in the “County Recorder” and manner indicated: a. Escrow Holder shall first 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 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 obtain conformed copies thereof for distribution disburse) all items chargeable to the account of Buyer pursuant hereto; ii. Deduct (and disburse or credit to Buyer and Sellerwhere appropriate) all items chargeable to the account of Seller pursuant hereto (including, (B) 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, (C) disburse the Purchase Price, after adjustment pursuant to the terms of this Agreement for expenses and prorations, to Seller and . d. Escrow Holder shall 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 executed Seller, originals of the Tenant Lease Assignmentexecuted 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 General Assignment, original of the Bxxx of Sale, the FIRPTA Certificate, the Form 593, the Tenant Notification Letters Certification. e. Escrow Holder shall deliver to Buyer and change of address notices duly executed by Seller and any other documents (duplicate originals or copies thereof(as the case may be) deposited into of all documents delivered by Escrow by Holder to Buyer at Closing. f. Escrow Holder shall provide Buyer and Seller pursuant hereto, and (E) disburse to Seller with a conformed copy closing statement covering the sale of the Deed and executed originals of the Tenant Lease Assignment, and the General AssignmentProperty to Buyer.