Common use of Actions by Escrow Agent Clause in Contracts

Actions by Escrow Agent. The following shall act as the escrow agent hereunder (the “Escrow Agent”): Chicago Title Insurance Company ▇▇▇ ▇. ▇▇▇▇▇, 04CI Chicago, Illinois 60601 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Phone #: ▇▇▇-▇▇▇-▇▇▇▇ Fax #: ▇▇▇-▇▇▇-▇▇▇▇ This Contract shall serve as escrow instructions to the Escrow Agent, subject to any supplementary strict joint order escrow instructions; provided, however, that this Contract shall govern in the event of any conflict between said strict joint order instructions and any of the terms hereof. On the Closing Date, if all the funds and documents set forth in Section 8 have been delivered to the Escrow Agent and if the Escrow Agent or the title company is in a position to issue and will issue Buyer’s Policies as described in Section 4, the Escrow Agent shall: (a) Cause the Limited Warranty Deeds and each Right of First Offer to be filed for record; (b) Upon Seller’s request, cause the Leaseback Memoranda to be recorded; (c) Cause the issuance and delivery to Buyer of the Buyer’s Policies, as described in Section 4; (d) Charge to the account of Buyer escrow and related fees, the cost of recording the Limited Warranty Deeds and any other documents related to this Contract, title insurance costs, including premiums and costs of endorsements and Commitments, and transfer or conveyance taxes or fees; and (e) Pay to or upon the order of Seller the cash balance of the Purchase Price after deducting all amounts herein required to be paid by Seller, including any broker’s commission payable by Seller as provided in Section 11. The Escrow Agent shall deliver to Seller a copy of the recorded Limited Warranty Deeds and each Right of First Offer and its escrow statement in duplicate showing all the charges and credits affecting the account of Seller. The Escrow Agent shall deliver to Buyer the recorded Limited Warranty Deeds and each Right of First Offer; copies of any recorded mortgage deposited by Buyer; Buyer’s Policies; the balance, if any, of the funds deposited by Buyer remaining after disbursement in accordance with these directions; and its escrow statement in duplicate showing all charges and credits affecting the account of Buyer.

Actions by Escrow Agent. The following shall act as the escrow agent hereunder (the “Escrow Agent”): Chicago Title Insurance Company ▇▇▇ ▇. ▇▇▇▇▇, 04CI Chicago, Illinois 60601 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Phone #: ▇▇▇-▇▇▇-▇▇▇▇ Fax #: ▇▇▇-▇▇▇-▇▇▇▇ This Contract shall serve as escrow instructions to the Escrow Agent, subject to any supplementary strict joint order escrow instructions; provided, however, that this Contract shall govern in the event of any conflict between said strict joint order instructions and any of the terms hereof. On the Closing Date, if all the funds and documents set forth in Section 8 Paragraph 6 have been delivered to the Escrow Agent and if all other conditions to the Escrow Agent parties’ obligation to consummate the transaction contemplated by this Agreement shall have been satisfied or waived in writing by the title company is in a position to issue and will issue Buyer’s Policies as described in Section 4parties, the then Escrow Agent shall: (a) Cause the Limited Warranty Deeds Deed and each Right Notice of First Offer Tax Exempt Bond Funding to be filed for recordrecord in the Cuyahoga County, Ohio, Records; (b) Upon Seller’s requestAs of the close of business on the Closing Date, cause prorate, and appropriately charge the Leaseback Memoranda to be recordedGrantor, real estate taxes and assessments, if any, both general and special, which are a lien but not yet due and payable as of the Closing Date, using the rates and valuation shown on the latest available tax duplicates; (c) Cause the issuance and delivery to Buyer Grantee of the Buyer’s Policies, as described in Section 4Title Policy; (d) Charge to the account of Buyer escrow and related fees, Grantee the cost of recording the Limited Warranty Deeds and any instruments required in order to clear title of all exceptions to title other documents related to this Contract, title insurance costs, including premiums and costs of endorsements and Commitments, and transfer or conveyance taxes or feesthan Permitted Exceptions; and (e) Pay Charge to or upon the order account of Seller Grantee the cash balance escrow fee, the cost of the Purchase Price after deducting title examination and the title insurance premium for the Title Policy, the fee for recordation of the Deed, , and all amounts other sums properly chargeable against Grantee hereunder or customarily charged to Grantee in accordance with common escrow practices in the county in which the Property is located, except as otherwise specifically provided herein required to be paid by Sellerthe contrary; provided however, including any broker’s commission payable by Seller that, except as otherwise specifically provided herein to the contrary, in Section 11. The the event that this Agreement is terminated prior to the Closing Date, Escrow Agent shall deliver return to Seller a copy of the recorded Limited Warranty Deeds parties the respective funds and each Right of First Offer documents deposited in escrow by them, the parties shall be released from all obligations and liabilities otherwise thereafter accruing hereunder, and Grantee shall pay to Escrow Agent its escrow statement in duplicate showing all fee, the charges and credits affecting the account of Seller. The Escrow Agent shall deliver to Buyer the recorded Limited Warranty Deeds and each Right of First Offer; copies of any recorded mortgage deposited by Buyer; Buyer’s Policies; the balancecost, if any, of the funds deposited title examination and the Title Commitment, and all other sums properly chargeable by Buyer remaining after disbursement in accordance with these directions; and its escrow statement in duplicate showing all charges and credits affecting the account of BuyerEscrow Agent.

Actions by Escrow Agent. The following shall act as the escrow agent hereunder (the “Escrow Agent”): Chicago Title Insurance Company ▇▇▇ ▇. ▇▇▇▇▇, 04CI Chicago, Illinois 60601 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Phone #: Fidelity National Title Insurance Company Richmond National Title Services ▇▇▇-▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ Drive, Suite 403 Richmond, VA 23226 Toll Free: (▇▇▇) ▇▇▇-▇▇▇▇ Fax #Ext. 207 Direct: (▇▇▇) ▇▇▇-▇▇▇▇ Fax: (▇▇▇) ▇▇▇-▇▇▇▇ This Contract shall serve as escrow instructions to the Escrow Agent, subject to any supplementary strict joint order escrow instructionsits Standard Conditions of Acceptance of Escrow; provided, however, that this Contract shall govern in the event of any conflict between said strict joint order instructions Standard Conditions and any of the terms hereof. On the Closing Date, if all the funds and documents set forth in Section 8 have been delivered to the Escrow Agent and if the Escrow Agent or the applicable title company is in a position to issue and will issue Buyer’s Policies Policy as described in Section 4, the Escrow Agent shall: (a) Cause the Limited Warranty Deeds and each Right of First Offer Deed to be filed for record; (b) Upon Seller’s requestMake the prorations set forth in Section 6, cause paying all amounts of taxes and assessments which are applicable to the Leaseback Memoranda to be recordedProperty and which are due and payable at such time and appropriately charging or crediting the respective accounts of the parties; (c) Cause the issuance and delivery to Buyer of the Buyer’s PoliciesPolicy, as described in Section 4, charging to the account of [Buyer] [Seller]1 the cost of the title examination and Commitment and the cost of the premium of Buyer’s Policy and all endorsements; (d) Charge to the account of Seller, Seller’s attorneys’ fees, one-half ( 1/2) of the escrow fee, [the real estate transfer fees, transfer taxes and similar conveyance taxes or fees]2 and all other sums properly chargeable against Seller hereunder or in accordance with local custom; (e) Charge to the account of Buyer [the real estate transfer fees, transfer taxes and similar conveyance taxes or fees], 3 one-half ( 1/2) of the escrow and related feesfee, the cost of recording the Limited Warranty Deeds Deed, the Buyer’s attorneys’ fees and any all other documents related to this Contract, title insurance costs, including premiums and costs of endorsements and Commitments, and transfer sums properly chargeable against Buyer hereunder or conveyance taxes or feesin accordance with local custom; and (ef) Pay to or upon the order of Seller the cash balance of the Purchase Price after deducting all amounts herein required to be paid by Seller, including any broker’s commission payable by Seller as provided in Section 11. The Escrow Agent shall prepare and the Buyer and Seller shall execute a standard escrow statement (the “Closing Statement”) which apportions the costs associated with Closing in accordance herewith and accounts for the disbursement of the Purchase Price. The Escrow Agent shall deliver to Seller a copy of the recorded Limited Warranty Deeds Deed and each Right of First Offer and its escrow statement the Closing Statement in duplicate showing all the charges and credits affecting the account of Seller. The Escrow Agent shall deliver to Buyer the recorded Limited Warranty Deeds and each Right of First OfferDeed; copies of any recorded mortgage deposited by Buyer; Buyer’s PoliciesPolicy; the balance, if any, of the funds deposited by Buyer remaining after disbursement in accordance with these directions; and its escrow statement the Closing Statement in duplicate showing all charges and credits affecting the account of Buyer.

Actions by Escrow Agent. The following shall act as the escrow agent hereunder (the “Escrow Agent”): Chicago Title Insurance Company ▇▇▇ ▇. ▇▇▇▇▇, 04CI Chicago, Illinois 60601 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Phone #: :▇▇▇-▇▇▇-▇▇▇▇ Fax #: :▇▇▇-▇▇▇-▇▇▇▇ This Contract shall serve as escrow instructions to the Escrow Agent, subject to any supplementary strict joint order escrow instructionsinstructions ; provided, however, that this Contract shall govern in the event of any conflict between said strict joint order instructions and any of the terms hereof. On the applicable Closing Date, if all the funds and documents set forth in Section 8 have been delivered to the Escrow Agent and if the Escrow Agent or the applicable title company is in a position to issue and will issue Buyer’s Policies as described in Section 4, the Escrow Agent shall: (a) Cause the Limited Warranty Deeds and each Right of First Offer to be filed for record; (b) Upon Seller’s request, cause the Leaseback Memoranda to be recorded[INTENTIONALLY LEFT BLANK]; (c) Cause the issuance and delivery to Buyer of the Buyer’s Policies, as described in Section 4; (d) [INTENTIONALLY LEFT BLANK]; (e) Charge to the account of Buyer escrow and related fees, the cost of recording the Limited Warranty Deeds and any other documents related to this Contract, title insurance costs, including premiums and costs of endorsements and Commitments, and transfer or conveyance taxes or fees; and (ef) Pay to or upon the order of Seller the cash balance of the Purchase Price after deducting all amounts herein required to be paid by Seller, including any broker’s commission payable by Seller as provided in Section 11. The Escrow Agent shall deliver to Seller a copy of the recorded Limited Warranty Deeds and each Right of First Offer and its escrow statement in duplicate showing all the charges and credits affecting the account of Seller. The Escrow Agent shall deliver to Buyer the recorded Limited Warranty Deeds and each Right of First Offer; copies of any recorded mortgage deposited by Buyer; Buyer’s Policies; the balance, if any, of the funds deposited by Buyer remaining after disbursement in accordance with these directions; and its escrow statement in duplicate showing all charges and credits affecting the account of Buyer.

Actions by Escrow Agent. The following shall act as the escrow agent hereunder (the “Escrow Agent”): Chicago Title Insurance Company ▇▇▇ ▇. ▇▇▇▇▇, 04CI Chicago, Illinois 60601 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Phone #: ▇▇▇-▇▇▇-▇▇▇▇ Fax #: ▇▇▇-▇▇▇-▇▇▇▇ This Contract shall serve as escrow instructions to the Escrow Agent, subject to any supplementary strict joint order escrow instructions; provided, however, that this Contract shall govern in the event of any conflict between said strict joint order instructions and any of the terms hereof. On the applicable Closing Date, if all the funds and documents set forth in Section 8 have been delivered to the Escrow Agent and if the Escrow Agent or the title company is in a position to issue and will issue Buyer’s Policies as described in Section 4, the Escrow Agent shall: (a) Cause the Limited Warranty Deeds and each Right of First Offer to be filed for record; (b) Upon Seller’s request, cause the Leaseback Memoranda to be recorded;: (c) Cause the issuance and delivery to Buyer of the Buyer’s Policies, as described in Section 4; (d) Charge to the account of Buyer escrow and related fees, the cost of recording the Limited Warranty Deeds and any other documents related to this Contract, title insurance costs, including premiums and costs of endorsements and Commitments, and transfer or conveyance taxes or fees; and (e) Pay to or upon the order of Seller the cash balance of the Purchase Price after deducting all amounts herein required to be paid by Seller, including any broker’s commission payable by Seller as provided in Section 11. The Escrow Agent shall deliver to Seller a copy of the recorded Limited Warranty Deeds and each Right of First Offer and its escrow statement in duplicate showing all the charges and credits affecting the account of Seller. The Escrow Agent shall deliver to Buyer the recorded Limited Warranty Deeds and each Right of First Offer; copies of any recorded mortgage deposited by Buyer; Buyer’s Policies; the balance, if any, of the funds deposited by Buyer remaining after disbursement in accordance with these directions; and its escrow statement in duplicate showing all charges and credits affecting the account of Buyer.

Actions by Escrow Agent. The following shall act as the escrow agent hereunder (the “Escrow Agent”): Chicago Title Insurance Company ▇▇▇ ▇. ▇▇▇▇▇, 04CI Chicago, Illinois 60601 Attn: ▇▇▇▇▇ ▇▇▇▇▇▇ Phone #: ▇▇▇-▇▇▇-▇▇▇▇ Fax #: ▇▇▇-▇▇▇-▇▇▇▇ This Contract shall serve as escrow instructions to the Escrow Agent, subject to any supplementary strict joint order escrow instructions; provided, however, that this Contract shall govern in the event of any conflict between said strict joint order instructions and any of the terms hereof. On the Closing Date, if all the funds and documents set forth in Section 8 9 hereof have been delivered to the Escrow Agent and if the Escrow Agent or the title company is in a position to issue (and will issue Buyer’s Policies if SDC and REX, ▇▇ applicable, shall elect) the REX ▇▇▇minal Title Policy and the SDC Terminal Title Policy as described in Section 48 hereof, the Escrow Agent shall: (a) Cause cause the Limited Warranty Deeds REX ▇▇▇minal Deed and each Right of First Offer SDC Terminal Deed to be filed for record; (b) Upon Seller’s request(i) in the event that SDC so elects, cause the Leaseback Memoranda issuance and delivery to be recordedSDC of the REX ▇▇▇minal Title Policy, as described in Section 8 hereof, and charge to the account of SDC the cost of the title insurance premium therefor, and (ii) charge to the account of SDC the cost of the title examination for the REX Terminal; (c) Cause (i) in the event that REX ▇▇ elects, cause the issuance and delivery to Buyer of REX ▇▇ the Buyer’s PoliciesSDC Terminal Title Policy, as described in Section 48 hereof, and charge to the account of REX ▇▇▇ cost of the title insurance premium therefor, and (ii) charge to the account of REX ▇▇▇ cost of the title examination for the SDC Terminal; (d) Charge charge to the account of Buyer SDC one-half (1/2) of its escrow and related feesfee, the cost of recording the Limited Warranty Deeds REX ▇▇▇minal Deed and any other documents related instruments required in order to this Contractclear title to the SDC Terminal, title insurance costs, including premiums any applicable transfer fees and costs transfer taxes applicable to the conveyance of endorsements and Commitmentsthe SDC Terminal, and transfer or conveyance taxes or feesall other sums properly chargeable against SDC hereunder; and (e) Pay charge to or upon the account of REX ▇▇▇-half (1/2) of its escrow fee, the cost of recording the SDC Terminal Deed and any instruments required in order to clear title to the REX ▇▇▇minal, any applicable transfer fees and transfer taxes applicable to the conveyance of Seller the cash balance of the Purchase Price after deducting REX ▇▇▇minal, and all amounts herein required to be paid by Seller, including any broker’s commission payable by Seller as provided in Section 11other sums properly chargeable against REX ▇▇▇eunder. The Escrow Agent shall deliver to Seller a copy of SDC the recorded Limited Warranty Deeds and each Right of First Offer REX ▇▇▇minal Deed, the REX ▇▇▇minal Title Policy (if SDC elects to obtain the same), and its escrow statement in duplicate showing all the SDC/REX ▇▇▇▇▇▇▇▇▇ ▇▇▇HANGE 104 7 charges and credits affecting the account of SellerSDC. The Escrow Agent shall deliver to Buyer REX ▇▇▇ recorded SDC Terminal Deed, the recorded Limited Warranty Deeds and each Right of First Offer; copies of any recorded mortgage deposited by Buyer; Buyer’s Policies; SDC Terminal Title Policy (if REX ▇▇▇cts to obtain the balancesame), if any, of the funds deposited by Buyer remaining after disbursement in accordance with these directions; and its escrow statement in duplicate showing all charges and credits affecting the account of BuyerREX.