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Castle Pines North Escrow Agreement
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Castle Pines North Escrow Agreement
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10/14/2016 11:20:01 AM
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10/3/2016 12:26:48 PM
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Chatfield Mitigation
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investment decision must be made, Escrow Agent is directed to invest the Escrow Funds in <br /> Depositor's Individual Escrow Account, or such portion thereof as to which no written <br /> investment instruction has been received, in the investment indicated on Schedule B hereto. All <br /> investments shall be made in the name of Escrow Agent for the benefit of Depositor. <br /> Notwithstanding anything to the contrary contained herein, Escrow Agent may, without notice to <br /> Depositor, sell or liquidate any of the foregoing investments at any time for any disbursement of <br /> Escrow Funds permitted or required hereunder. All investment earnings shall become part of the <br /> Escrow Funds in Depositor's Individual Escrow Account and investment losses shall be charged <br /> against the Escrow Funds in Depositor's Individual Escrow Account. Escrow Agent shall not be <br /> liable or responsible for loss in the value of any investment made pursuant to this Escrow <br /> Agreement, or for any loss, cost or penalty resulting from any sale or liquidation of the Escrow <br /> Funds in Depositor's Individual Escrow Account. With respect to any Escrow Funds received <br /> by Escrow Agent after twelve o'clock, p.m., Central Time, Escrow Agent shall not be required to <br /> invest such funds or to effect any investment instruction until the next day upon which banks in <br /> St. Paul,Minnesota and the New York Stock Exchange are open for business. <br /> 8. Resignation of Escrow Agent. Escrow Agent may resign and be discharged from <br /> the performance of its duties hereunder at any time by giving sixty(60) days prior written notice <br /> to the Depositor and CRMC specifying a date when such resignation shall take effect. Upon any <br /> such notice of resignation, Depositor and CRMC jointly through their Representatives shall <br /> appoint a successor Escrow Agent hereunder prior to the effective date of such resignation. Such <br /> successor Escrow Agent shall only be effective upon execution of an amendment to this Escrow <br /> Agreement, whereby the successor Escrow Agent agrees to the terms and conditions of this <br /> Escrow Agreement. If the Depositor and CRMC fail to appoint a successor Escrow Agent within <br /> such time,the Escrow Agent shall have the right to petition a court of competent jurisdiction to <br /> appoint a successor Escrow Agent, and all costs and expenses (including without limitation <br /> attorneys' fees) related to such petition shall be paid jointly and severally by Depositor and <br /> CRMC. The retiring Escrow Agent shall transmit all records pertaining to the Escrow Funds and <br /> shall pay all Escrow Funds to the successor Escrow Agent, after making copies of such records <br /> as the retiring Escrow Agent deems advisable and after deduction and payment to the retiring <br /> Escrow Agent of all fees and expenses (including court costs and attorneys' fees) payable to, <br /> incurred by, or expected to be incurred by the retiring Escrow Agent in connection with the <br /> performance of its duties and the exercise of its rights hereunder. After any retiring Escrow <br /> Agent's resignation, the provisions of this Escrow Agreement shall inure to its benefit as to any <br /> actions taken or omitted to be taken by it while it was Escrow Agent under this Escrow <br /> Agreement. <br /> 9. Binding Effect; Successors. This Escrow Agreement shall be binding upon the <br /> respective parties hereto and their heirs, executors, successors or assigns. If the Escrow Agent <br /> consolidates, merges or converts into, or transfers all or substantially all of its corporate trust <br /> business (including the escrow contemplated by this Escrow Agreement)to another corporation, <br /> the successor or transferee corporation shall be the successor Escrow Agent upon execution of <br /> an amendment to this Escrow Agreement,whereby the successor Escrow Agent agrees to the <br /> terms and conditions of this Escrow Agreement. <br /> 5 <br /> {00466456.DOC/2} <br /> 11-01-2014 <br />
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