Castle Pines North Escrow Agreement

10. Liability of Escrow Agent. The Escrow Agent undertakes to perform only such
duties as are expressly set forth herein and no duties shall be implied. The Escrow Agent has no
fiduciary or discretionary duties of any kind. The Escrow Agent shall have no liability under and
no duty to inquire as to the provisions of any agreement other than this Escrow Agreement,
including without limitation any other agreement between any or all of the parties hereto or any
other persons even though reference thereto may be made herein. The Escrow Agent shall not be
liable for any action taken or omitted by it in good faith except to the extent that a court of
competent jurisdiction determines that the Escrow Agent's negligence or willful misconduct was
the sole cause of any loss to the Depositor or CRMC. Escrow Agent's sole responsibility shall be
for the safekeeping and transfer and disbursement of the Escrow Funds in accordance with the
terms of this Escrow Agreement. Escrow Agent shall not be charged with knowledge or notice
of any fact or circumstance not specifically set forth herein. Escrow Agent may rely upon any
notice, instruction, request or other instrument, not only as to its due execution, validity and
effectiveness,but also as to the truth and accuracy of any information contained therein, which
Escrow Agent shall believe to be genuine and to have been signed or presented by the person or
parties purporting to sign the same. In no event shall Escrow Agent be liable for incidental,
indirect, special, consequential or punitive damages or penalties (including, but not limited to
lost profits), even if the Escrow Agent has been advised of the likelihood of such damages or
penalty and regardless of the form of action. Escrow Agent shall not be responsible for delays or
failures in performance resulting from acts beyond its control, including without limitation acts
of God, strikes, lockouts, riots, acts of war or terror, epidemics, governmental regulations, fire,
communication line failures,power failures, earthquakes or other disasters. Escrow Agent shall
not be obligated to take any legal action or commence any proceeding in connection with the
Escrow Funds, any account in which Escrow Funds are deposited, this Escrow Agreement or the
Underlying Agreement, or to appear in,prosecute or defend any such legal action or proceeding.
Escrow Agent may consult legal counsel selected by it in the event of any dispute or question as
to the construction of any of the provisions hereof or of any other agreement or of its duties
hereunder, or relating to any dispute involving any party hereto, and shall incur no liability and
shall be fully indemnified from any liability whatsoever in acting in accordance with the advice
of such counsel. Depositor and CRMC,jointly and severally, shall promptly pay,upon demand,
the reasonable fees and expenses of any such counsel. Depositor and CRMC agree to perform or
procure the performance of all further acts and things, and execute and deliver such further
documents, as may be required by law or as Escrow Agent may reasonably request in connection
with its duties hereunder.
The Escrow Agent is authorized, in its sole discretion, to comply with final orders issued or
process entered by any court with respect to the Escrow Funds, without determination by the
Escrow Agent of such court's jurisdiction in the matter. If any portion of the Escrow Funds is at
any time attached, garnished or levied upon under any court order, or in case the payment,
assignment, transfer, conveyance or delivery of any such property shall be stayed or enjoined by
any court order, or in case any order,judgment or decree shall be made or entered by any court
affecting such property or any part thereof, then and in any such event,the Escrow Agent is
authorized, in its sole discretion, to rely upon and comply with any such order, writ,judgment or
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11-01-2014