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r <br />rights of the persons executing or delivering, or purporting to <br />execute or deliver any such document or paper. <br />10. The Escrow Agent shall not be liable for collection items <br />until the proceeds of the same in actual cash have been received; <br />nor shall it be liable for the default in payment of any <br />installment of principal or interest, nor the outlawing of any <br />rights under the Statute of Limitations in respect to any documents <br />deposited. It may rely upon any paper, document or other writing <br />believed by it to be authentic in making any delivery of money or <br />property hereunder. <br />11. The Escrow Agent shall be entitled to reasonable <br />compensation for its services to be paid by Seller in the amount <br />set forth below. The Buyer and the Seller agree that, in the event <br />of any controversy regarding the deposit in escrow as set forth in <br />Paragraph 1 herein, unless otherwise jointly instructed by the <br />Buyer, the Seller and the State, the Escrow Agent shall not be <br />required to take any action but may await the disposition of any <br />judicial or administrative proceeding between the Seller, Buyer <br />and/or the State. At Escrow Agent's option, Escrow Agent may <br />interplead all parties and deposit the escrowed funds into a court <br />of competent jurisdiction for resolution of any controversy. <br />Provided that the Escrow Agent is not found to be at fault or in <br />breach of its obligations hereunder, the Escrow Agent shall be <br />entitled to recover its costs and reasonable attorney's fees from <br />the Buyer or the Seller whoever is the non-prevailing party. <br />12. In accepting any funds, securities or documents delivered <br />hereunder, it is agreed and understood that, in the event of <br />disagreement between the persons herein mentioned or persons <br />claiming under them, or any of them, the Escrow Agent, will and <br />does, reserve the right to hold all money, securities and property <br />in its possession, and all papers in connection with or concerning <br />this escrow, until a mutual agreement has been reached between said <br />parties or until delivery is legally authorized by final judgment <br />or decree of court. <br />13. The Instructions shall bind and inure to the benefit of <br />the parties hereto and their respective heirs, personal <br />representatives, successors and assigns. <br />IN WITNESS WHEREOF the undersigned have hereunto affixed their <br />signatures as of the date first above written. <br />SELLER: <br />By. <br />[Name ] <br />[Address ] <br />3 <br />