- 8 - of Section 1031 of the Internal Revenue Code of 1986 with respect to the Property; and WHEREAS, Exchangor is in the process of identify- ing a parcel or parcels of real property to be acquired by Buyer (hereinafter referred to as the "Like Kind Property"), which Like Kind Property, if acquired, will be exchanged by Buyer with Exchangor for the Property; and WHEREAS, pursuant to the Contract, Buyer has, of even date herewith, acquired the Property from Exchang- or; and WHEREAS, pursuant to the Contract the total pur- chase price for the Property, after non cash adjust- ments, prorations and allocation of expenses (but without regard to Buyer's costs and expenses), would be $1,023,626.00 [consisting of $323,626 due from Inter- state with respect to its purchase of OIP's lots 11 and 12 and $700,000 due from Interstate with respect to its purchase of OIP's 25-percent interests in lots 14 and 15] which sum shall hereinafter be referred to as the "Escrow Deposit"; and WHEREAS, Buyer, Exchangor and Escrow Agent have agreed that Buyer shall deliver, or cause to be deliv- ered, the Escrow Fund to Escrow Agent and Escrow Agent shall hold and disburse the Escrow Fund, as agent for Buyer, pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, * * * the parties hereto agree as follows: 1. Recitals. The recitations of fact and all other matters set forth in the "Whereas clauses" above are true and correct and are incorporated herein. 2. Escrow Deposit. Simultaneously with the execution of this Agreement, as security for Buyer's obligations under this Escrow Agreement and under the Contract regarding cooperating in effecting like kind exchanges by executing assignable contracts for acquir- ing exchange property or properties from the owner(s) thereof (hereinafter referred to as the "Owner"), Buyer has delivered or caused to be delivered the Escrow Deposit to Escrow Agent, * * * which Escrow Deposit shall be deposited by Escrow Agent, within twoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011