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reasonably acceptable to the Parties, which will include inde pities and insurance Provisions in <br />favor of Agency and which perinits Developer to enter upon the portion of Phase FS which has <br />not then been Conveyed to Developer for the purpose of grading and site preparation. <br />201.5 Closing Procedure. Escrow Agent shall close Escrow for each Phase, as <br />follows: <br />(a) Record the Grant Deed for such Phase with instructions for the <br />Recorder of Orange County, California to deliver the Grant Deed to the Developer; <br />(b) Record the Agency Deed of Trust for Phase -1 or Please R-2, as <br />applicable (brit not for Please FS since there will be no Agency Deed of Trust associated with <br />Phase FS ) with instructions for the Recorder of Orange County, California deliver the Agency <br />Deed of Trust to the Agency; <br />(c.) the Regulatory Agreement for Phase -I or Phase R-2, as <br />applicable but not for Phase FS since there will be no Regulatory Agreement associated with <br />Phase FS with instructions for the Recorder of Orange County, California to deliver the <br />Regulatory Agreement to the Agency; <br />(d) Instruct the Title Company to deliver the applicable Title Policy to <br />the Developer; <br />(e) Deliver the Promissory Note to the Agency for Phase -1 or <br />Phase R -2, as applicable (brit not for Phase FS since there is no Promissory Note associated with <br />Phase FS; <br />(f) File any informational reports required by Internal Revenue Code <br />Section 6045(e), as amended, and any other applicable requirements; <br />(g) Deliver the FMPTA Certificate for such Phase, if any, to the <br />Developer; and <br />(h) Forward to both the Developer and Agency a separate accounting <br />of all funds received and disbursed for each party and copies of all executed and recorded or <br />died documents deposited into Escrow, with such recording and filing date and information <br />endorsed thereon. <br />202. Review of Title. The Developer shall, at its cost and expense, secure a survey of <br />each Phase of the Site. Within thirty days after the Bate of Agreer ent, the Agency shall <br />cause Old Republic Title Company, or another title company mutually agreeable to both parties <br />(the "{Title Company"), to deliver to the Developer a standard preliminaly title report (the <br />"Report") with respect to the title to the Site, together with legible copies of the documents <br />constituting title exceptions (the "Exceptions" ) set forth in the Deport. The Developer shall have <br />the right to approve or disapprove in its sole discretion i the Report, (ii) the Exceptions, <br />(iii) any surveys delivered to it by Agency or ordered by Developer, i the availability and cost <br />of any title endorsements the Developer or its lenders may desire, and any other inatters <br />i <br />D O C SO Ch 400673v 13/200272-0001 <br />