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10/1/08 <br />have delivered copies of such demand to all other parties at the respective addresses <br />shown in Section 601. The Escrow Agent is authorized to hold all money, documents <br />and property until instructed by a court of competent jurisdiction or by mutual written <br />instructions of the parties. Developer, however, shall have the sole option to withdraw <br />any money deposited by it for the acquisition of the Sites less Developer's share of costs <br />of Escrow. Termination of this Agreement shall be without prejudice as to whatever <br />legal rights either party may have against the other arising from the Agreement. If no <br />demands are made for return of money, documents or property, the Escrow Agent shall <br />proceed with the Closing as soon as possible. <br />202.6 Closing Procedure. Escrow Agent shall close Escrow for the <br />Sites as follows: <br />a. Record the Disposition and Development Agreement with the <br />Recorder of Orange County, California; <br />b. Record the Grant Deed(s) with instructions for the Recorder of <br />Orange County, California to deliver the Grant Deed(s) to the <br />Developer; <br />c. Record the Deed(s) of Trust with instructions for the Recorder of <br />Orange County, California to deliver the Deed(s) of Trust to the <br />Agency; <br />d. Instruct the Title Company to deliver the Title Policy to Developer; <br />e. File any informational reports required by Internal Revenue Code <br />Section 6045(e), as amended, and any other applicable <br />requirements; and <br />f. Deliver the FIRPTA Certificate, if any, to Developer; <br />g. Forward to both Developer and Agency a separate accounting of <br />all funds received and disbursed for each party and copies of all <br />executed and recorded or filed documents deposited into Escrow, <br />with such recording and filing date and information endorsed <br />thereon. <br />203. Review of Title. The Agency shall cause First American Title Insurance <br />Company, or another title company mutually agreeable to both parties (the "Title <br />Company"), to deliver to Developer a standard preliminary title report (the "Report") <br />with respect to the title to the Sites, together with legible copies of the document <br />underlying the exceptions ("Exceptions") set forth in the Report, within thirty (30) days <br />from the date of this Agreement. The Developer shall have the right to reasonably <br />approve or disapprove the Exceptions. <br />9 <br />