Common use of Opening of Escrow Clause in Contracts

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Property.

Opening of Escrow. For purposes On or before the third (3rd) Business Day after the Execution Date, Transferee and Transferor shall cause an escrow (“Escrow”) to be opened with Escrow Agent by delivery to Escrow Agent of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of this Agreement. This Agreement shall constitute escrow instructions to Escrow Agent as well as the original or originally executed counterparts agreement of this Agreement from Seller and Buyer (the “Opening of Escrow”)parties. Escrow Holder shall notify Buyer Agent is hereby appointed and Sellerdesignated to act as Escrow Agent and instructed to deliver, in writing, pursuant to the terms of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, the documents and funds to request from be deposited into Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder as herein provided. The parties hereto shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental execute such additional escrow instructions of (not inconsistent with this Agreement as determined by counsel for Transferee and Transferor) as Escrow HolderAgent shall deem reasonably necessary for its protection, or other instruments including Escrow Agent’s general provisions (as may reasonably be required modified by Transferee, Transferor and Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this AgreementAgent). In the event of any inconsistency between the provisions of this Agreement and such supplemental instructions and the provisions of this Agreementadditional escrow instructions, the provisions of this Agreement shall controlgovern. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other PartyIf, at any time prior time, (a) Transferor and Transferee shall be in dispute or give conflicting instructions to Escrow Agent with respect to the delivery by holding or disposition of all or any portion of the Other Party escrowed funds or escrowed documents or any other obligations of an executed counterpart Escrow Agent hereunder or (b) Escrow Agent is unable to determine the proper disposition of all or any portion of the escrowed funds or escrowed documents or Escrow Agent’s proper actions with respect to its obligations hereunder, then Escrow Agent may suspend the performance of any of its obligations (including, without limitation, any disbursement obligations) under this Agreement to Escrow Holder until Transferor and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date Transferee provide joint instructions in accordance with this Agreement or such dispute or uncertainty is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyresolved in accordance with Section 16.19 hereof.

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and Seller shall promptly deliver a fully executed copy of the original or originally executed counterparts of this Agreement from Seller to Escrow Holder (which delivery may be in counterparts), and Buyer (the date of Escrow Holder’s receipt thereof is referred to as the “Opening of Escrow”). ; provided, however, the parties’ electronic delivery of such counterparts may be used for the Opening of Escrow to the extent their “wet-ink” original counterparts are concurrently delivered to Escrow Holder via Federal Express or other overnight courier or personal delivery. Seller and Buyer shall notify Buyer execute and Sellerdeliver to Escrow Holder any additional or supplementary instructions as may be necessary or convenient to implement the terms of this Agreement and close the transactions contemplated hereby, provided such instructions are consistent with and merely supplement this Agreement and shall not in writingany way modify, of amend or supersede this Agreement. Such supplementary instructions, together with the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date escrow instructions set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate in this Agreement, as they may be amended from time to time by the parties, shall collectively be referred to as the “Escrow Instructions.” The Escrow Instructions may be amended and to request from supplemented by such standard terms and provisions as the Escrow Holder may request the return of all documents or other items provided by Seller parties hereto to Escrow Holderexecute; provided, whereupon however, that the parties hereto and Escrow Holder shall return same. Buyer acknowledge and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, that in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of a conflict between any inconsistency between the provisions provision of such supplemental instructions standard terms and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery supplied by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In Escrow Instructions, the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller Instructions shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyprevail.

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and Seller shall promptly deliver a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder (which delivery may be in counterparts), and the Presenting Partydate of Escrow Holder's receipt thereof is referred to as the "Opening of Escrow"; provided, however, the parties' electronic delivery of such counterparts may be used for the Opening of Escrow to the extent their "wet-ink" original counterparts are concurrently delivered to Escrow Holder via Federal Express or other overnight courier or personal delivery. In Seller and Buyer shall execute and deliver to Escrow Holder any additional or supplementary instructions as may be necessary or convenient to implement the event that Buyer has not placed the Deposit into Escrow within two (2) business days terms of the date this Agreement is executed by Buyer and Sellerclose the transactions contemplated hereby, Seller provided such instructions are consistent with and merely supplement this Agreement and shall have not in any way modify, amend or supersede this Agreement. Such supplementary instructions, together with the right to revoke its delivery of its executed copy of escrow instructions set forth in this Agreement, as they may be amended from time to time by the parties, shall collectively be referred to as the "Escrow Instructions." The Escrow Instructions may be amended and supplemented by such standard terms and provisions as the Escrow Holder may request the parties hereto to terminate this Agreementexecute; provided, following which there however, that the parties hereto and Escrow Holder acknowledge and agree that in the event of a conflict between any provision of such standard terms and provisions supplied by the Escrow Holder and the Escrow Instructions, the Escrow Instructions shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyprevail.

Opening of Escrow. For the purposes of this Agreement, as between the parties, the Escrow escrow (“Escrow”) shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). ) on the date that the title company holding and managing the Escrow Holder shall notify for Buyer and SellerSeller (“Escrow Holder”) receives a copy of this Agreement fully executed by Seller and executed and attested by ▇▇▇▇▇. Further, in writing, Buyer shall deliver to Escrow a deposit of Five Thousand Dollars ($5,000.00) (“Buyer’s Deposit”) concurrently with the delivery of the date signed Agreement. Should the Buyer not receive Design Review approval as described in Section 3(a)(ii) or as otherwise provided herein, the Buyers Deposit shall be fully refundable. Buyer and Seller shall use reasonable efforts to cause the Opening of Escrow is opened. In the event that Buyer has not made the Deposit to occur on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have ten (10) business days after the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Effective Date. Escrow Holder shall return samepromptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow Escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order Holder to consummate the transaction contemplated by this Agreement. Any such supplemental instructions ; provided, however, that no instrument shall not be inconsistent or in conflict with, modify, amend or supersede any portions portion of this Agreement. In the event of If there is any conflict or inconsistency between the provisions terms of such supplemental instructions an instrument and the provisions terms of this Agreement, then the provisions terms of this Agreement shall control. If an executed counterpart Without limiting the generality of the foregoing, no instrument shall extinguish any obligations imposed by this Agreement is presented by a party (the “Presenting Party”) to the or any other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution contract between Seller and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the PropertyBuyer.

Opening of Escrow. For purposes Upon mutual execution of this Agreement, as between Agreement by the partiesParties, the Parties shall open an Escrow shall be deemed opened on at the date office of Escrow Holder shall have received the Deposit from Buyer and a fully by delivering an executed copy of this Agreement to Escrow Holder. This Agreement shall constitute joint escrow instructions to Escrow Holder. The Parties shall execute such additional instructions consistent with the original or originally executed counterparts provisions of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may be reasonably be required by Escrow Holder; provided, in order to consummate however, that as between the transaction contemplated by this Agreement. Any such supplemental instructions shall not Parties, if any conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions this Agreement and the provisions of this Agreementinstructions required by Escrow Holder exists or arises, then the provisions of this Agreement shall control. If an executed counterpart Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Escrow Holder is designated the "real estate reporting person" for purposes of Section 6045 of the Internal Revenue Code of 1986, as amended, and Treasury Regulation 1.6045-4, and any instructions or settlement statement prepared by Escrow Holder shall so provide. Escrow Holder shall be responsible for filing Form 1099-S with the Internal Revenue Service. (a) Within one (1) business day following complete execution of this Agreement is presented by a party ▇▇▇▇▇ and Seller, Buyer shall deliver Five Thousand Dollars ($5,000) of the “Presenting Party”Option Consideration to Seller. Not later than September 30, 2018 Buyer shall deliver to Seller an additional One Hundred Thousand Dollars ($100,000) of the Option Consideration. Not later than October 31, 2018 Buyer shall deliver to Seller the other party remaining Ninety-Five Thousand Dollars ($95,000) of the “Other Party”Option Consideration. The Option Consideration (and each component thereof) or shall be non-refundable to Escrow HolderBuyer, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In except in the event of a material breach or default hereunder by ▇▇▇▇▇▇. The Option Consideration shall be applied to Purchase Price of the last Lots to be purchased by Buyer pursuant to Section 5; provided that if Buyer has not placed the Deposit into Escrow within two (2) business days closed on all of the date this Agreement is executed by Buyer and SellerLots on or before November 16, 2020, then Seller shall have the right to revoke its delivery retain any portion of its executed copy the Option Consideration that has not previously been applied to the purchase price of any Lots. (b) If a Closing fails to occur solely because of a material breach or default hereunder by ▇▇▇▇▇▇, then upon ▇▇▇▇▇'s demand, without limiting Buyer's rights or remedies as expressed in this AgreementAgreement for any breach, Seller shall return to Buyer any portion of the Option that has not previously applied to the purchase price of any Lots, and to terminate this Agreement, following which there Buyer shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning have the Propertyremedies set forth in Section 17.2.

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within Within two (2) business days after the execution and delivery of this Agreement, Buyer shall deposit with Chicago Title Insurance Company (the “Escrow Holder” and/or the “Title Company”), having its office at ▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇, Attn: ▇▇▇▇▇ ▇▇▇▇▇▇, a fully executed original or original counterpart(s) of this Agreement and the sum of Two Million and No/100 Dollars ($2,000,000) (the “First Deposit”) in good funds either by certified bank or cashier’s check or by federal wire transfer. Buyer shall deposit with the Escrow Holder the sum of Three Million and No/100 Dollars ($3,000,000) (the “Second Deposit”) in good funds either by certified bank or cashier’s check or by federal wire transfer not later than fifteen (15) days after the Effective Date. In the event Buyer does not timely make such Second Deposit, time being of the essence, this Agreement shall terminate and Seller shall be entitled, as its sole remedy, to retain the First Deposit and neither party shall have any further obligations to the other hereunder, except for those provisions which survive the termination of the Agreement. The First Deposit and the Second Deposit, together with any interest thereon as provided herein, shall hereinafter be referred to collectively as the “Deposit.” “Opening of Escrow” shall be the date upon which a fully executed copy of this Agreement and the First Deposit have been delivered to the Escrow Holder. The Escrow Holder shall give Buyer and Seller and their respective counsels written notice of the date this Agreement is executed by of Opening of Escrow. Escrow Holder shall hold the Deposit in an interest-bearing account of a federally insured bank or savings and loan association reasonably acceptable to Buyer and Seller, Seller and shall have otherwise handle the right to revoke its delivery of its executed copy Deposit in accordance with the terms, and conditions of this Agreement. All interest accrued on the Deposit shall be added to and become part of the Deposit. The entire Deposit together with all interest accrued thereon shall be credited to the Purchase Price upon the close of Escrow. Buyer shall be responsible for the payment of all costs and fees imposed on the Deposit account other than Escrow Holder’s fees which shall be paid equally by Buyer and Seller (except as otherwise expressly provided herein). The failure of Buyer to timely deliver any portion of the Deposit hereunder shall be a material default, and if such default is not cured within one (1) business day after Buyer’s receipt of written notice from Seller, then such default shall entitle Seller, at Seller’s sole option, to terminate this Agreement immediately. Except as otherwise specifically provided in this Agreement, following which there the Deposit (including the accrued interest) thereon shall be no obligations non-refundable. The parties agree that the Deposit shall serve as the Deposit under both this Agreement and the Related Agreement (as defined below), and that the entire Deposit shall not be applied to the Purchase Price or returned to Buyer, until the Closing or termination of any type whatsoever the later of Seller to Buyer this Agreement and the Related Agreement, and in each case in accordance with the terms of this Agreement or Buyer to Seller concerning the PropertyRelated Agreement, as applicable.

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller Sellers and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and SellerSellers, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller Sellers shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller Sellers to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller Sellers agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and SellerSellers, Seller Sellers shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller Sellers to Buyer or Buyer to Seller Sellers concerning the PropertyProperties.

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and Seller shall promptly deliver a fully executed copy of the original or originally executed counterparts of this Agreement from Seller to Escrow Holder, and Buyer (the date of Escrow Holder’s receipt thereof is referred to as the “Opening of Escrow”). Escrow Holder shall promptly notify Buyer and Seller, in writing, Seller of the date of Opening of Escrow. Seller and Buyer shall execute and deliver to Escrow is openedHolder any additional or supplementary commercially reasonable instructions as may be reasonably necessary to implement the terms of this Agreement and close the transactions contemplated hereby, provided such instructions are consistent with and merely supplement this Agreement and shall not in any way modify, amend or supersede this Agreement. In Such supplementary instructions, together with the event that Buyer has not made the Deposit on or before the date escrow instructions set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate in this Agreement, as they may be amended from time to time by the parties, shall collectively be referred to as the “Escrow Instructions.” The Escrow Instructions may be amended and to request from supplemented by such standard terms and provisions as the Escrow Holder may request the return of all documents or other items provided by Seller parties hereto to Escrow Holderexecute; provided, whereupon however, that the parties hereto and Escrow Holder shall return same. Buyer acknowledge and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, that in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of a conflict between any inconsistency between the provisions provision of such supplemental instructions standard terms and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery supplied by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In Escrow Instructions, the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller Instructions shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyprevail.

Opening of Escrow. For purposes Escrow shall open as of the date upon which Escrow Holder has received a fully signed original, or counterpart originals, of this Agreement, as between accompanied by the parties, the Escrow shall be deemed opened on the documents required herein. The date all such items have been delivered to Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (be referred to herein as the “Opening of Escrow”). Escrow Holder shall notify Buyer ” and Seller, in writing, of may be reported by letter which can be transmitted via email to the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required Parties by Escrow Holder. At the Opening of Escrow, BUYER shall deposit a 10% ▇▇▇▇▇▇▇ money deposit to be held by the Escrow Holder which shall be credited towards the Purchase Price at the Close of Escrow. The escrow period is intended to allow BUYER sufficient time to obtain zoning and other entitlements from the City of Las Vegas. Should those entitlement not be obtained, BUYER may request in order to consummate the transaction contemplated by writing that this Agreement be terminated, upon which BUYER shall receive a refund of its 10% ▇▇▇▇▇▇▇ money deposit and neither Party shall have any further obligation, rights, or liability under this Agreement. Any such supplemental instructions The date escrow actually closes, the Deed is recorded, and the purchase funds are delivered to the SELLER shall not conflict with, modify, or supersede any portions be referred to as the “Close of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions Escrow.” Escrow Holder is hereby authorized and instructed to act in accordance with the provisions of this Agreement, which Agreement, together with Escrow Holder’s standard escrow instructions, shall constitute Escrow Holder’s escrow instructions which Escrow Holder agrees to be bound by, as evidenced by its execution of this Agreement. As between the Parties, if there is a conflict between Escrow Holder’s standard instructions and this Agreement, this Agreement will control. SELLER and BUYER will promptly execute and deliver to Escrow Holder any separate or additional escrow instructions requested by Escrow Holder that are consistent with the terms of this Agreement. Any separate or additional instructions will not modify or amend the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented unless otherwise expressly agreed by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution BUYER and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the PropertySELLER in writing.

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow escrow shall be deemed opened on the date Escrow Holder shall have received from Optionee the Deposit from Buyer Option Consideration and a fully executed copy of the an original or originally executed counterparts version of this Agreement from Seller either Optionee or Optionor executed by Optionor and Buyer Optionee, and Escrow Holder has delivered to Optionor and Optionee its written acknowledgement to be bound by the terms of the escrow instructions contained herein, as provided for on the signature page of this Agreement. Escrow Holder shall promptly notify Optionee and Optionor, in writing, of the date escrow is opened (the “Opening of Escrow”). Escrow Holder shall notify Buyer In addition, Optionee and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller Optionor agree to execute, deliver and be bound by any reasonable or and customary supplemental escrow instructions of Escrow Holder, Holder or other instruments as may reasonably be required by Escrow Holder, Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, amend or supersede any portions of this Agreement. In the event of If there is any conflict or inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart The Escrow Holder shall be responsible for preparing the settlement or closing statement, causing all documents to be recorded, disbursing all closing proceeds, and filing any other similar reporting form relating to the transactions contemplated by this Agreement. For the avoidance of this Agreement doubt, the Escrow Holder is presented by a party (hereby designated the “Presenting Party”) to real estate reporting person” for purposes of Section 6045 of Title 26 of the other party (the “Other Party”) United States Code and Treasury Regulation 1.6045- 4 and any instructions or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery settlement statement prepared by the Other Party of an executed counterpart of this Agreement to Escrow Holder and shall so provide. Upon the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days consummation of the date this Agreement is executed transaction contemplated by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, the Escrow Holder shall file the Form 1099 information return and send the statement to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning Optionor as required under the Property.aforementioned statute and regulation.‌

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow escrow shall be deemed opened on the date Escrow Holder shall have received from Optionee the Deposit from Buyer Option Consideration and a fully executed copy of the an original or originally executed counterparts version of this Agreement from Seller either Optionee or Optionor executed by Optionor and Buyer Optionee, and Escrow Holder has delivered to Optionor and Optionee its written acknowledgement to be bound by the terms of the escrow instructions contained herein, as provided for on the signature page of this Agreement. Escrow Holder shall promptly notify Optionee and Optionor, in writing, of the date escrow is opened (the “Opening of Escrow”). Escrow Holder shall notify Buyer In addition, Optionee and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller Optionor agree to execute, deliver and be bound by any reasonable or and customary supplemental escrow instructions of Escrow Holder, Holder or other instruments as may reasonably be required by Escrow Holder, Holder in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, amend or supersede any portions of this Agreement. In the event of If there is any conflict or inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart The Escrow Holder shall be responsible for preparing the settlement or closing statement, causing all documents to be recorded, disbursing all closing proceeds, and filing any other similar reporting form relating to the transactions contemplated by this Agreement. For the avoidance of this Agreement doubt, the Escrow Holder is presented by a party (hereby designated the “Presenting Party”) to real estate reporting person” for purposes of Section 6045 of Title 26 of the other party (the “Other Party”) United States Code and Treasury Regulation 1.6045- 4 and any instructions or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery settlement statement prepared by the Other Party of an executed counterpart of this Agreement to Escrow Holder and shall so provide. Upon the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days consummation of the date this Agreement is executed transaction contemplated by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, the Escrow Holder shall file the Form 1099 information return and send the statement to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning Optionor as required under the Propertyaforementioned statute and regulation.