CONSENT OF ESCROW AGENT. The undersigned Escrow Agent hereby agrees to (a) accept the foregoing Agreement, (b) be Escrow Agent under said Agreement and (c) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (i) this Consent or otherwise unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned or (ii) any amendment to said Agreement unless and until the same shall be accepted by the undersigned in writing. DATED: October 6, 2014 FIRST AMERICAN TITLE INSURANCE COMPANYBy: /s/ Xxxxx X. Xxxxxxxx Name: Xxxxx X. Xxxxxxxx Its: Escrow Officer
CONSENT OF ESCROW AGENT. The undersigned Escrow Agent hereby agrees to: (i) accept the foregoing Agreement; (ii) establish the Escrow and be Escrow Agent under said Agreement; (iii) to make all filings required under Section 6045 of the Internal Revenue Code of 1986, as amended; and (iv) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (a) this Consent or otherwise, unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned, or (b) any amendment to said Agreement unless and until the same is accepted by the undersigned in writing. Dated: January ___, 2020 [REDACTED] By Name: Title: JOINERS' SEPARATE UNDERTAKING Pursuant to Section 15.16 of the foregoing Agreement, for value received, the undersigned, Ascend Wellness Holdings, LLC, a Massachusetts limited liability company, hereby acknowledges and agrees that the covenants, agreements, obligations, liabilities, indemnification undertakings, certifications, representations and warranties of Seller in the foregoing Agreement and in the Transaction Documents (as defined in the foregoing Agreement) shall be joint and several covenants, agreements, obligations, liabilities, indemnification undertakings, certifications, representations and warranties of Seller and of the undersigned, and may be enforced against Seller and/or the undersigned, concurrently or successively, in such order as Buyer may determine. The undersigned shall continue to be liable pursuant to this undertaking and the provisions hereof shall remain in full force and effect notwithstanding any modifications or amendment of the foregoing Agreement or the Transaction Documents or any other act, omission or conditions which might in any manner or to any extent vary the risk to the undersigned or might otherwise operate as a discharge or release of a guarantor or surety under any applicable law. The undersigned hereby fully and completely waives, releases and relinquishes (i) diligence and demand of payment, presentment, protest, dishonor and notice of dishonor; (ii) any and all other defenses and rights arising under applicable law, to the extent waivable; (iii) any and all benefits of any right of discharge under any and all statues or laws relating to a guarantor or surety, and (iv) any defense based upon the impairment, modification, change, release, discharge or limitation of the liability of Seller in ban...
CONSENT OF ESCROW AGENT. The undersigned Escrow Agent hereby agrees to: (i) accept the foregoing Agreement; (ii) be Escrow Agent under said Agreement; (iii) to make all filings required under Section 6045 of the Internal Revenue Code of 1986, as amended; and (iv) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (a) this Consent or otherwise, unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned, or (b) any amendment to said Agreement unless and until the same is accepted by the undersigned in writing. Dated: December 15, 2010 FIRST AMERICAN TITLE INSURANCE COMPANY By: /s/ Xxxxxxx Xxxxxx Title: Authorized signatoree EXHIBIT “A” LEGAL DESCRIPTION All that certain real property situated in the City of Gilroy, County of Santa Xxxxx, State of California, being more particularly described as follows: PARCEL ONE: All of Lots 2, 3 and 4, as said Lots are shown upon that certain map entitled, “Tract No. 9487, Gilroy Crossing . . . ,” which map was filed for record in the Office of the Recorder of the County of Santa Xxxxx, State of California on July 8, 2003 in Book 762 of Maps at Pages 20 through 25, inclusive. PARCEL TWO: All of Parcel 1 as said parcel is shown upon that map entitled, “Parcel 3 as Shown and Described on ‘Certificate of Compliance No. 2003-10” filed in Document No. 17520707. . ..”, which map was filed for record in the Office of the Recorded of the County of Santa Xxxxx, State of California, on May 12, 2004 in Book 770 of Maps at Pages 1 and 2. PARCEL THREE: Non-exclusive easements for the benefit of said land and created in that certain “Operation and Easement Agreement” executed by and among Target Corporation, a Minnesota corporation, Kohl’s Department Stores, Inc., a Delaware corporation, and Regency Realty Group, Inc., a Florida corporation, recorded March 3, 2003, Instrument No. 16871019, Official Records, and as amended by that certain First Amendment to Operations and Easement Agreement recorded September 27, 2004 as Instrument No. 18020898. [End of Legal Description] EXHIBIT “B” FORM OF DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Assessor’s Parcel Numbers: The undersigned grantor declares: Documentary Transfer Tax not shown, pursuant to Section 11932 of the Revenue and Taxation Code, as amended.
CONSENT OF ESCROW AGENT. The undersigned Escrow Agent hereby agrees to: (i) accept the foregoing Agreement; (ii) establish the Escrow and be Escrow Agent under said Agreement; (iii) to make all filings required under Section 6045 of the Internal Revenue Code of 1986, as amended; and (iv) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (a) this Consent or otherwise, unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned, or (b) any amendment to said Agreement unless and until the same is accepted by the undersigned in writing. Dated: April 8 2022 TITLE CONNECT, LLC By: /s/ Jxxxxxx Xxxxxxxx Name: Jxxxxxx Xxxxxxxx Title: Vice President
CONSENT OF ESCROW AGENT. The undersigned hereby consents and agrees to serve as the Escrow Agent to carry out the duties of the Escrow Agent set forth in Section 510 of the Financing Agreement. Xxxxxxx, Xxxxxx & Frost, LLP By: /s/ X. Xxxxxxxxx Xxxxx Date: June 12, 2020
CONSENT OF ESCROW AGENT. The undersigned hereby agrees to act as Escrow Agent pursuant to the foregoing Purchase and Sale Agreement. The undersigned Escrow Agent acknowledges receipt of a check, subject to clearance, in the amount of FIFTY THOUSAND Dollars ($50,000.00) to be held as the Initial Deposit pursuant to the foregoing Agreement. ESCROW AGENT: FIRST AMERICAN TITLE INSURANCE COMPANY By: Exhibit “A” Legal Description Real property in the County of Maricopa, State of Arizona, described as follows: PARCEL NX. 0 XXX 0, XXXXXXXX XXXXXXX XXXXX XX THE CITY, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 1095 OF MAPS, PAGE 24. PARCEL NO. 2 NON-EXCLUSIVE EASEMENTS AS SET FORTH IN RECIPROCAL EASEMENT AGREEMENT RECORDED APRIL 28, 200 AS 00-0325408 AND FIRST AMENDMENT RECORDED OCTOBER 9, 2001 AS 2001-0934096 OF OFFICIAL RECORDS. Exhibit “B” Service Contracts RK-WEM, LLC – Surprise Medical Plaza List of Vendor Contracts Cxx Communications – Commercial Services Agreement Arizona Elevator Solutions – Comprehensive Maintenance Agreement Commercial Cleaning Systems – Janitorial Agreement & Schedule A J.R. Markson Company, Inc. – Fire Safety Monitoring Agreement Creative Environments Maintenance Services, LLC – Landscape Management Republic Services – Garbage Republic Services – Trash Exhibit “C” Rent Roll [see next page] Exhibit “D” Tenant Estoppel Certificate TENANT:______________________________________________ SUITE NO:______________ (“Suite”) at the Surprise Medical Plaza at the City (“Premises”). SUITE ADDRESS: 10000 Xxxx Xxxxxxx Xxxx., Surprise, Arizona. The undersigned (“Tenant”) hereby certifies to BANYAN SURPRISE PLAZA LLC and its successors and assigns (the “Purchaser”) and to Purchaser’s lender, and its successors and assigns (the “Lender”), as follows:
CONSENT OF ESCROW AGENT. The undersigned Escrow Agent hereby agrees to (i) accept the foregoing Agreement, (ii) be Escrow Agent under said Agreement and (iii) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (i) this Consent or otherwise unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned or (ii) any amendment to said Agreement unless and until the same shall be accepted by the undersigned in writing. DATED: 4/6/10 Landmark Title Assurance Agency of Arizona, LLC (“Escrow Agent”) By: /s/ Illegible Its: Vice President LIST OF EXHIBITS Exhibit “A” Legal Description Exhibit “B” Schedule of Leases Exhibit “C” Schedule of Seller’s Deliveries Exhibit “D” Form of Tenant Estoppel Certificate Exhibit “E” Form of General Assignment Exhibit “F” Form of Tenant Notice
CONSENT OF ESCROW AGENT. FIRST AMERICAN TITLE INSURANCE COMPANY (“Escrow Agent”) hereby agrees to: (i) accept and carry out the escrow instructions set forth in this Agreement, (ii) carry out the responsibilities of Escrow Agent as provided in this Agreement; and (iii) be bound by this Agreement in the performance of its duties as Escrow Agent. DATED: April 26, 2022 FIRST AMERICAN TITLE INSURANCE COMPANY By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Title & Escrow Operations Manager
CONSENT OF ESCROW AGENT. The undersigned Escrow Agent hereby agrees to (i) accept the foregoing Agreement, (ii) be Escrow Agent under said Agreement and (iii) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (i) this Consent or otherwise unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned or (ii) any amendment to said Agreement unless and until the same shall be accepted by the undersigned in writing. DATED: March 12, 2019 FIRST AMERICAN TITLE INSURANCE COMPANY By: /s/ Mxxxx Xxxxx Name: Mxxxx Xxxxx Its: Sr Commercial Closer List of Exhibits Exhibit “A” Description of Land Exhibit “B” List of Leases Exhibit “C” List of Contracts Exhibit “D” Intentionally Deleted Exhibit “E” Form of Deed Exhibit “F” Form of Bxxx of Sale Exhibit “G” Form of Assignment and Assumption of Leases, Contracts and Security Deposits Exhibit “H” Form of Assignment of Intangible Property Exhibit “I” Form of Non-Foreign Affidavit Exhibit “J” Form of Certificate of Representations and Warranties Exhibit “K” Property Information Exhibit “L” Tenant Estoppel Certificate Schedule 2 Earn Out Conditions Schedule 10.1.5 Capital Expenditure Reserve Accounts List of Exhibits Exhibit “A-1”
CONSENT OF ESCROW AGENT. The undersigxxx Xxxxxx Xgent herexx xxxxxx xx (a) accept the foregoing Agreement, (b) be Escrow Agent under said Agreement and (c) be bound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligations, liability or responsibility under (i) this Consent or otherwise unless and until said Agreement, fully signed by the parties, has been delivered to the undersigned or (ii) any amendment to said Agreement unless and until the same shall be accepted by the undersigned in writing. DATED: 10/15/14 FIRST AMERICAN TITLE INSURANCE COMPANY By: /s/ Brett Habermann Name: Brett Habermann Its: Underwritting Counsex
