- 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 thePage: 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