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Property it may wish to raze the Improvements, however, the USFS may not have funds to do so <br />at the time it acquires the property. Therefore, the parties have agreed that this escrow account <br />will be established to fund the removal of the Improvements should the USFS become the owner <br />of the MidCon Property and should the USFS decide at that time to remove the Improvements. <br />NOW THEREFORE, in consideration of the promises and covenants contained herein <br />and other good and valuable consideration, the parties agree as follows: <br />AGREEMENT <br />1. Escrow Account. Within ten (10) days after the time the Settlement Agreement <br />between the parties to the Lawsuit is made an order of the Court in the Lawsuit, as contemplated <br />in the Settlement Agreement, the Trustee shall transfer to the Escrow Agent, to be held in the <br />Escrow Account, the sum of Thirty Thousand and No /100 Dollars ($30,000.00). <br />Notwithstanding paragraph 11 of Exhibit B, attached, Escrow Agent shall hold the escrow <br />deposit in a federally insured interest bearing escrow account with interest to accrue and to be <br />paid quarterly to Trustee, whose tax identification number is <br />2. Disbursement of Funds. Escrow Agent shall disburse funds as follows at the <br />earliest of: <br />a. To the USFS at the time the USFS presents to the Escrow Agent a deed or deeds, <br />duly executed, delivered and recorded in the real estate records of Pitkin County, Colorado, <br />reflecting the fact that the Forest Service at that time is then the owner of all of the MidCon <br />Property, together with written authorization from the District Ranger of the White River <br />National Forest requesting the funds in the Escrow Account to be used for removal of the <br />improvements in Coal Basin; or <br />2 <br />