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five business days after the expiration of the 180-day period
after July 26, 1990, any portion of the "Agreed Amount" as
defined in paragraph 5(e)(2) of the escrow agreement that had not
been expended by Interstate within that 180-day period for the
purchase of replacement property or that had not previously been
paid to OIP pursuant to paragraph 5(d)(1) of the escrow agreement
relating to OIP's failure to identify all or any of the replace-
ment property within 45 days after July 26, 1990; and (4) to pay
any remaining portion of the escrow fund to Interstate within
five days after the expiration of the 180-day period after July
26, 1990. Nonetheless, after the expiration of the 45-day period
after July 26, 1990, and before the expiration of the 180-day
period after that date, a check in the amount of $50,000, which
was signed by John Hefferan, payable to OIP, and dated November
26, 1990, was drawn on the escrow fund. The purpose for that
withdrawal as stated on that check was "Draw Re: Canty". In
addition, a check in the amount of $50,000, which was signed by
John Hefferan, payable to Canti Carriage Company, and dated
December 11, 1990, was drawn on the escrow fund. The purpose for
that withdrawal as stated on that check was "Draw". Although the
$50,000 check payable to Canti Carriage Company was signed by
John Hefferan, Mr. Canty wrote both the name of the payee and the
amount on that check. Furthermore, on January 8, 1991, OIP
received a distribution of $12,740.10 from the escrow fund, which
comprised all the moneys remaining in that fund as of that date.
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