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(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