Florida Industries Investment Corporation and Subsidiaries - Page 9




                                        - 9 -                                          
               (2) business days from the date of this Agreement, in                   
               an interest bearing account at * * * The Bank of Winter                 
               Park. * * * all interest or other returns earned there-                 
               on shall belong to Buyer and shall be held in such                      
               account by the Escrow Agent as further security for                     
               Buyer's obligations under this Escrow Agreement and                     
               under the Contract regarding cooperating and effecting                  
               like kind exchanges.  The Escrow Deposit together with                  
               any additional amounts hereafter contributed by Buyer                   
               to the Escrow Agent hereunder and all interest or other                 
               return earned thereon are hereinafter collectively                      
               referred to as the "Escrow Fund."  The Escrow Fund                      
               shall be paid and disbursed in accordance with the                      
               provisions of paragraph 5 below; provided, however, the                 
               Escrow Agent shall have no duty to investigate or                       
               otherwise determine whether any of the provisions,                      
               stipulations or conditions contained in said paragraph                  
               5 have been met or complied with, and the only duties                   
               of the Escrow Agent with respect to disbursement of the                 
               Escrow Fund shall be to disburse the same upon three                    
               (3) days prior written notice from Buyer and Exchangor                  
               to the Escrow Agent, which disbursement by the Escrow                   
               Agent shall be in accordance with such written notice                   
               * * *.                                                                  
                    3.  Authenticity of Notice.  For all purposes of                   
               this Agreement, John Hefferan is hereby authorized to                   
               act as agent for Buyer and W.A. Canty is hereby autho-                  
               rized to act as agent for Exchangor.  Any notice given                  
               to or made by said persons shall be deemed given to or                  
               made by the respective parties.  Escrow Agent shall                     
               have no duty of independent investigation or duty to                    
               verify the authority of either John Hefferan or W.A.                    
               Canty to provide such written notice as aforesaid                       
               * * *.                                                                  
                  *       *       *       *       *       *       *                    
                    5.  Like Kind Exchange.  Buyer and Exchangor agree                 
               to the following provisions and further agree that the                  
               Escrow Fund shall be disbursed to meet Buyer's obliga-                  
               tions to Exchangor in accordance with the following                     
               provisions of this paragraph 5.                                         
                    (a)  Identification of Like Kind Property By                       
               Exchangor.  Exchangor may, at any time within forty-                    
               five (45) days after the date hereof (hereinafter                       
               referred to as the "Closing Date"), identify (as con-                   
               templated by Section 1031(a)(3) of the Code and the                     




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Last modified: May 25, 2011