Common use of Exxxxxx Money Clause in Contracts

Exxxxxx Money. Buyer shall, within two business days after the Effective Date, deposit with the Escrow Company, as escrow agent, the sum of $250,000, as exxxxxx money (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this Agreement.

Exxxxxx Money. Buyer shall, within Within two business days after (2) Business Days (as hereinafter defined) of the Effective Date, deposit with Buyer shall deliver to LandAmerica Title Company, 8000 Xxxxxxx Xxxx, Xxxxx 000, Xxxxxx, Xxxxx 00000, Attention: Dxxxxx X. Xxxxx (Phone: (000) 000-0000, the Escrow “Title Company”), as escrow agent, the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000, 150,000.00) (by Immediately Available Funds) as exxxxxx money (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which funds shall be deposited and held by the Title Company in an interest bearing account, and Buyer shall provide such information, including its federal identification number, as is necessary to establish such account. Upon the form closing of that certain Contract of Sale dated as of April ___, 2006, by and between Buyer and TX Xxxxxx Ranch Partners, Ltd., a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration DateTexas limited partnership, Buyer shall increase the Exxxxxx Money to $400,000 by depositing place into escrow with the Escrow Title Company an additional amount equal to ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000 by wire transfer of immediately available funds 150,000.00) as additional exxxxxx money (the “Additional Exxxxxx Money”). Upon expiration of To the Due Diligence Periodextent delivered by Buyer, all of the Initial Exxxxxx Money shall become fully non-refundable and payable the Additional Exxxxxx Money, together with any interest thereon, are collectively referred to Seller, except as otherwise expressly provided hereinthe “Exxxxxx Money”. The If Buyer does not timely deliver the Initial Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreementthis Section 3, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes this Contract shall be null and void, and neither party shall have any rights or obligations hereunder. In the event If Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in has not otherwise terminated this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated Contract in accordance with the terms hereof, Buyer’s failure to timely deliver the Additional Exxxxxx Money shall constitute a default by Buyer. If the transaction contemplated by this Contract is closed, then the Exxxxxx Money shall will be paid to Seller and applied to in payment of the Purchase Sales Price to be paid by Buyer at the Closing. In all other instancesthe event the transaction is not closed, then the Title Company shall disburse the Exxxxxx Money shall be paid to Seller or Buyer as provided in other accordance with the provisions of this AgreementContract.

Exxxxxx Money. Buyer shall, within two (a) Within three (3) business days after following the Effective Date, Purchaser shall deposit with the Escrow Company, as escrow agent, Agent the sum of Fifty Thousand and No/00 Dollars ($250,000, as exxxxxx money (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i50,000.00) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional "Initial Exxxxxx Money”"). Upon On or before the date which is three (3) business days following the expiration of the Due Diligence PeriodInspection Period (as defined in Section 3.2), all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate Purchaser has not sooner terminated this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, Purchaser shall deposit with Escrow Agent the additional sum of Nine Hundred Fifty Thousand and No/00 Dollars ($950,000.00) by wire transfer of immediately available funds (the "Additional Exxxxxx Money"). The Initial Exxxxxx Money and the Additional Exxxxxx Money, and any interest thereon pursuant to Section 10.1 shall individually and collectively be referred to herein as the "Exxxxxx Money." The Exxxxxx Money is consideration for the rights granted to Purchaser to purchase the Property and if Purchaser has not terminated this Agreement in accordance with Section 3.2, then the Exxxxxx Money will be non refundable except if a Purchaser Permitted Termination Event occurs. The Exxxxxx Money shall be paid to Seller and applied to the Purchase Price on the Closing Date and paid to be paid by Buyer Seller through the escrow process outlined herein, or at Purchaser's election, upon release of the Closing. In all other instancesPurchase Price to Seller on the Closing Date, the Exxxxxx Money shall be paid returned to Seller or Buyer as provided Purchaser, and shall otherwise be held, credited, disbursed and refunded in other provisions the manner set forth herein. For purposes of this Agreement, "Purchaser Permitted Termination Event" means the termination of this Agreement by Purchaser for any of the following reasons: (i) pursuant to Section 3.2 as a result of Purchaser's inspection of the Property; (ii) pursuant to Section 2.3 as a result of a title or survey matter; (iii) pursuant to Section 4.6 if a closing condition benefiting Purchaser is not satisfied; (v) pursuant to Section 7.1 in the event of "major" damage to the Property; or (vi) pursuant to Section 6.2 in the event of a Seller default.

Exxxxxx Money. Buyer shall, within two Within one business days day after the Effective Date, deposit with the Escrow Company, as escrow agent, the sum execution of $250,000, as exxxxxx money (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described belowthis Agreement, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred a condition precedent to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated Seller’s obligations under this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration DateAgreement, Buyer shall increase deposit the $2,000,000 of Exxxxxx Money to $400,000 by depositing with the Escrow Company U.S. Bank National Association or an additional $150,000 by wire transfer of immediately available funds affiliate thereof (the “Additional Exxxxxx MoneyEscrow Agent”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein) in Current Funds. The Exxxxxx Money shall be held and disbursed by the Escrow Company Agent in an interest bearing account pursuant to the an escrow agreement in the form of Exhibit J attached B hereto (unless and until the "Exxxxxx Money is disbursed by the Escrow Agent in accordance with the terms of such escrow agreement. As provided in the Escrow Agreement"), which the parties have executed Exxxxxx Money shall be released (i) on the sole order of the Buyer or Buyer’s attorney at any time on or before September 20, 2004, and delivered simultaneously (ii) on the sole order of Seller or Seller’s attorney after September 20, 2004. If Buyer exercises its option(s) to extend the Closing Date pursuant to Section 9.1 below, then (a) upon the notice of the first extension, the $2,000,000 of initial Exxxxxx Money shall be released from the escrow to an account designated by Seller, and (b) concurrently with the execution and delivery notice of this Agreementeach such exercise of an extension option Buyer shall deliver an additional $1,000,000 of non-refundable Exxxxxx Money to Seller by wire transfer to an account designated by Seller. The Exxxxxx Money shall (including any such further $1,000,000 extension option deposit(s)) will be invested as provided applied to the Acquisition Value due at Closing. In the event of a default by either party, the Exxxxxx Money (including any such further $1,000,000 extension option deposit(s)) will be disbursed in said Escrow Agreement, accordance with all interest accruing thereon being deemed part Article XI hereof. Buyer’s failure to timely deposit any installment of the Exxxxxx Money for all purposes hereundershall constitute a default by Buyer hereunder and shall make this Agreement terminable at Seller’s option. In the event However, if Seller chooses not to terminate this Agreement, Buyer fails shall remain contractually obligated to deliver any portion of deposit the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof; and if Seller does elect to terminate this Agreement Buyer shall be obligated to pay to Seller the applicable installment of the Exxxxxx Money, which shall be retained by Seller along with any previous deposit(s) of the Exxxxxx Money shall be paid as liquidated damages due to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementSeller.

Exxxxxx Money. Buyer shallis to deposit the Exxxxxx Money as follows: (a) Within two (2) business days after execution and delivery of this Agreement by the parties, Buyer shall deposit the amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) (the “Initial Deposit”) with Escrow Holder; and (b) if this Agreement has not been terminated prior to the expiration of the Initial Inspection Period, within two (2) business days after following the Effective Dateexpiration of the Initial Inspection Period, Buyer shall deposit with the Escrow Company, as escrow agent, the sum additional amount of Six Hundred Thousand and No/100 Dollars ($250,000, as exxxxxx money 600,000.00) (said amount being referred to herein as the “Initial Final Deposit”) with Escrow Holder. Escrow Holder shall pay the Exxxxxx Money”, and, together with Money plus the interest earned thereon (i) to Seller at and upon the “Additional Exxxxxx Money” deposit described below, Closing (and credit the same toward the payment of the Purchase Price) or (ii) otherwise to the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred party entitled to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase receive the Exxxxxx Money to $400,000 by depositing in accordance with this Agreement. However, unless and until the Escrow Company an additional $150,000 by wire transfer of immediately available funds (Closing occurs under this Agreement, the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company Holder pursuant to this Agreement which shall also serve as escrow instructions to Escrow Holder. Escrow Holder’s acceptance of the escrow instructions and agreement to act in accordance with the same shall be evidenced by Escrow Holder’s execution of this Agreement in the form of Exhibit J attached hereto (space provided at the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery end of this Agreement. The Exxxxxx Money (and each and every part thereof) shall be invested as provided held in said Escrow Agreement, a federally insured interest bearing account in a financial institution acceptable to Buyer under Buyer’s tax identification number with all interest accruing thereon being deemed part any fees of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price Holder to be paid split equally by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this Agreementand Seller.

Exxxxxx Money. Buyer shall, within two Within three (3) business days after the Effective Date, deposit Purchaser will pay into a strict joint order escrow with Seller at the Escrow Company, as escrow agent, Title Insurer the sum of $250,000, 215,000.00 as exxxxxx money (said amount being referred to herein as together with any interest earned thereon, the “Initial "Exxxxxx Money”"). The Exxxxxx Money may be invested by the Title Insurer as Purchaser directs in United States Treasury Bills or a federally insured money market account. Seller and Purchaser shall share equally the cost of the joint order escrow, and, together with (i) but Purchaser shall bear the “Additional Exxxxxx Money” deposit described below, and (ii) cost of any investment fee charged by the Extension Deposit (Title Insurer as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available fundsescrowee. Provided that Buyer has not terminated If this Agreement pursuant to Section 3.2 below, within two business days after is terminated: (a) by Purchaser before the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration end of the Due Diligence PeriodReview Period in accordance with Article 4 hereof, all then, provided Purchaser has complied with its obligations under the fourth grammatical paragraph of Article 4 hereof, the Exxxxxx Money shall become fully non-refundable and payable be returned to Purchaser; (b) because of a material breach of this Agreement by Seller, except as otherwise expressly provided herein. The then the Exxxxxx Money shall be held and disbursed by the Escrow Company returned to Purchaser; (c) pursuant to Section 5.4 hereof, then, provided Purchaser has complied with its obligations under the escrow agreement fourth grammatical paragraph of Article 4 hereof, the Exxxxxx Money shall be returned to Purchaser; or (d) pursuant to Section 6.3 hereof, then the Exxxxxx Money shall be returned to Purchaser. Except as provided in the form of Exhibit J attached hereto (immediately preceding sentence, the "Escrow Agreement"), which Exxxxxx Money shall be paid to the parties have executed and delivered simultaneously with the execution and delivery of party provided in this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this Agreement.

Exxxxxx Money. Buyer shall, within two Within one (1) business days day after the Effective Date, Purchaser shall deposit with the Escrow CompanyVanguard Title Insurance Agency, LLC, 2000 Xxx Xxxxx, Auburn Hills, MI 48326, Attention: Jxxx Xxxxxxx, as escrow agentagent for First American Title Insurance Company (the “Title Company” and “Escrow Agent”), the sum of Five Hundred Thousand and no/100 Dollars ($250,000, as exxxxxx money 500,000.00) (said amount being referred to herein as the “Initial Exxxxxx MoneyDeposit”) in good funds, andeither by certified bank or cashier’s check or by federal wire transfer. Within one (1) business day after the expiration of the Inspection Period, provided that this Agreement has not been validly terminated, Purchaser shall deposit with Escrow Agent an additional sum of Five Hundred Thousand and no/100 Dollars ($500,000.00) (the “Second Deposit”; the Initial Deposit and the Second Deposit as outstanding from time to time, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereonearned in while Escrow, being herein are hereinafter referred to collectively as the “Exxxxxx Money”), which . The Escrow Agent shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase hold the Exxxxxx Money to $400,000 by depositing in an interest-bearing account in accordance with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable terms and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held conditions hereof and disbursed any supplementary instructions executed by the Escrow Company parties pursuant to the escrow agreement in the form provisions of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this AgreementSection 1.7 hereof. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all All interest accruing thereon being deemed on such sums shall become a part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the and shall be distributed as Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereofof this Agreement. Upon the expiration of the Inspection Period, the Exxxxxx Money shall be paid non-refundable to Seller and applied Purchaser except as expressly set forth in this Agreement. If Purchaser fails to deliver the Exxxxxx Money to the Purchase Price Title Company within the time period specified above, Seller may, at its option, deliver written notice to be paid by Buyer at the Closing. In all other instancesEscrow Agent terminating this Agreement and, if such termination is due to Purchaser’s failure to timely deposit the Second Deposit, the Exxxxxx Money previously deposited (i.e., the Initial Deposit) shall be paid to Seller and neither party shall have any further rights, obligations, or Buyer as provided in other provisions liabilities hereunder except to the extent that any right, obligation or liability set forth herein expressly survives termination of this Agreement. Time is of the essence for the delivery of Exxxxxx Money under this Agreement.

Exxxxxx Money. Buyer shall4.1 Deposit of Exxxxxx Money. Purchaser shall deposit with Sxxxxxxx Marwell Hxxxxxxxx Xxxxx & Hxxxxx, P.C. (hereinafter also called "Escrow Agent"), within two (2) business days after the Effective Date, the amount of One hundred thousand and 00/100 ($100,000.00) Dollars ( the "Initial Deposit") in cash by wire transfer in immediately available funds ( the "Initial Exxxxxx Money"). In addition to the Initial Deposit, Purchaser, if it has not elected to cancel this Agreement by the expiration of the Inspection Period, shall within two (2) business days thereafter deposit with the Escrow Company, as escrow agent, Agent the sum additional amount of Two hundred thousand and 00/100 ($250,000, as exxxxxx money 200,000.00) Dollars (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i"Additional Deposit") the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 cash by wire transfer of in immediately available funds (collectively with the “Additional Initial Deposit, the "Exxxxxx Money”"). Upon expiration of the Due Diligence Period, all of If Purchaser shall fail to so deposit the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by due under this Agreement with Escrow Agent on the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreementdates required, Seller may, prior shall have the right to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by delivering written notice to BuyerPurchaser. Upon receipt of the Initial Deposit and upon receipt of the Additional Deposit as provided herein, whereupon any portion Escrow Agent shall execute the written acknowledgement by Escrow Agent in the form attached to this Agreement to acknowledge that: (a) the Initial Deposit and a fully executed copy of this Agreement have been received by Escrow Agent; (b) the Additional Deposit has been received by Escrow Agent; (c) the Exxxxxx Money previously delivered is being held subject to clearance by Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations Agent pursuant to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this Agreement; and (d) Escrow Agent agrees to be bound by this Agreement and to perform Escrow Agent's obligations hereunder.

Exxxxxx Money. Buyer shall, within Section 4.1 Within two business days (2) Business Days after the Effective Date, Purchaser shall deposit the sum of TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) (hereinafter called the “First Exxxxxx Money”), in good and sufficient funds, with the Escrow CompanyAgent. The Escrow Agent shall, as pending consummation of this transaction, hold the First Exxxxxx Money in escrow agentin an interest bearing account at a financial institution reasonably acceptable to Purchaser. Within one (1) Business Day following the expiration of the Inspection Period, Purchaser shall deposit the sum of FIFTY THOUSAND AND NO/100 DOLLARS ($250,000, as exxxxxx money 50,000.00) (said amount being referred to herein as hereinafter called the “Initial Second Exxxxxx Money”), andin good and sufficient funds, with the Escrow Agent. The Escrow Agent shall, pending consummation of this transaction, hold the Second Exxxxxx Money in escrow in an interest bearing account at a financial institution reasonably acceptable to Purchaser. The First Exxxxxx Money, the Second Exxxxxx Money, and the Extension Deposit, if made, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all any interest accruing thereon, being herein earned thereon are hereinafter referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of .” All interest earned on the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed a part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations by Escrow Agent to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated Title Company in accordance with Section 3.1 above and applied to the terms hereofPurchase Price in the event the transaction contemplated hereby closes. Except as otherwise provided herein, the Exxxxxx Money shall be paid to Seller and applied to otherwise credited against the Purchase Price to be paid by Buyer at the Closing. In all other instancesthe event the transaction contemplated by this Agreement is not closed, then the Escrow Agent shall disburse the Exxxxxx Money shall be paid to Seller or Buyer as in the manner provided in other provisions of this Agreementfor elsewhere herein.

Exxxxxx Money. Buyer shall, within two business days after the Effective Date, Purchaser shall deposit in escrow with the Escrow CompanyAgent within two (2) business days of the execution hereof, as escrow agent, the sum of Six Hundred Fifty Thousand Dollars ($250,000, as exxxxxx money 650,000) (said amount being referred to herein as the “Initial Exxxxxx Money”, and, such deposit together with (i) any interest that may be earned these prior to Closing, being hereinafter called the “Additional Exxxxxx Money” deposit described below, and (ii) "Initial Deposit"). If Purchaser does not elect to terminate this Agreement during the Extension Deposit Investigation Period (as defined in Section 4.1 belowhereinafter defined), and all interest accruing thereon, being herein referred prior to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Investigation Period, all Purchaser shall deliver to Escrow Agent an additional deposit in the amount of Three Hundred Thousand Dollars ($300,000) (the "Additional Deposit"). The Initial Deposit and the Additional Deposit are sometimes individually or collectively referred to as the "Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided hereinMoney". The Exxxxxx Money shall be held and disbursed by the deposited in an interest bearing account using Purchaser’s tax identification number which shall be provided to Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this AgreementAgent. The Exxxxxx Money shall be invested applied against the cash portion of the purchase price at Closing (as hereinafter defined) or refunded in full to Purchaser as hereinafter provided in Paragraph 15. If Purchaser does not notify Seller prior to the expiration of the Investigation Period that Purchaser elects to terminate this Agreement, the Initial Deposit shall be non-refundable for any reason other than (i) a default by Seller, (ii) in the event any condition to Purchaser’s obligations under this Agreement is not satisfied as provided herein, or (iii) as otherwise specifically provided herein. If Purchaser does not notify Seller prior to the expiration of the Investigation Period that Purchaser elects to terminate this Agreement and Purchaser fails to make the Additional Deposit as required, Purchaser shall be in default of this Agreement and Seller shall have the right to terminate this Agreement and retain the Initial Deposit as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementParagraph 8.

Exxxxxx Money. Buyer shallFor the purpose of securing the performance of Purchaser under the terms and provisions of this Contract, within two business days after the Effective Date, deposit with Purchaser has delivered to the Escrow Company, as escrow agent, Agent the sum of One Hundred Thousand and No/100 Dollars ($250,000, as exxxxxx money (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i100,000.00) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx MoneyGood Faith Deposit”)) following execution of the LOI and prior to the date hereof. Upon expiration of the Due Diligence PeriodInspection Period and provided that Purchaser has not exercised its right to terminate this Contract, all Purchaser shall deliver an additional One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) (the “Deposit”) for an aggregate of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) (the Good Faith Deposit and the Deposit collectively hereinafter referred to as the “Exxxxxx Money shall become fully Deposit”) are non-refundable and payable to Sellerrefundable, except as otherwise expressly provided herein. The Exxxxxx Money Deposit shall be held and disbursed by deposited into an interest bearing, readily available, liquid, federally insured account(s). The account(s) to which the funds are deposited shall be an escrow or trust account(s) of the Escrow Company pursuant to Agent and the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall at all times be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any fully covered by federal insurance so that no portion of the Exxxxxx Money within shall ever be at risk. The Exxxxxx Money Deposit (together with any interest earned thereon) shall constitute the time provided Exxxxxx Money hereunder and shall be held, invested, and disbursed pursuant to the respective terms and provisions hereof and of the Escrow Agreement. If Purchaser terminates this Contract on or before the expiration of the Inspection Period in this Agreementaccordance with Section 3.05 hereof, Seller maythe Good Faith Deposit shall be promptly returned to Purchaser together with all interest earned thereon. Following the expiration of the Inspection Period, prior Purchaser shall only be entitled to Buyer’s deposit of such portion the return of the Exxxxxx Money with Deposit from the Escrow Company, at Seller’s option and without limiting any of Agent in the event this Contract is terminated pursuant to its other rights or remedies, terminate this Agreement by written notice terms under circumstances that entitle Purchaser to Buyer, whereupon any portion a return of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementDeposit.

Exxxxxx Money. Contemporaneous with Buyer’s execution of this Agreement, Buyer shallshall post with Bank of New York Trust Company of Florida, within two business days after the Effective Date, deposit with the Escrow CompanyN.A., as escrow agent, the sum of $250,000, as exxxxxx money agent (said amount being referred to herein as the “Initial Exxxxxx MoneyEscrow Agent”, and, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred an amount equal to collectively as $5,000,000 (the “Exxxxxx Money”), which pursuant to the terms of the Escrow Agreement attached hereto as Exhibit A (the “Escrow Agreement”). In the event the Closing occurs, the Exxxxxx Money shall be paid by the Escrow Agent to the Sellers in accordance with Section 2.02(a) and credited against the amount to be paid by Buyer to Sellers pursuant to Section 2.02(a). If the Closing does not occur, the Exxxxxx Money shall be paid by the Escrow Agent to the Partnership or paid by the Escrow Agent to Buyer in accordance with the remaining provisions of this Section 2.07. In the event Buyer breaches this Agreement by failing or refusing to close the transaction contemplated hereby on the Closing Date and each of the conditions contained in Sections 9.01 and 9.02 (other than the condition set forth in Section 9.02(f)) otherwise has been either fulfilled (or was capable of being fulfilled, absent Buyer’s breach, in the form case of the condition in Section 9.01(c)), or waived, the Escrow Agent shall pay the Exxxxxx Money to the Partnership as damages. In addition, in the event Buyer does not close solely on account of a wire transfer failure of immediately available fundsthe condition in Section 9.02(f) to be satisfied, the Escrow Agent shall pay the Exxxxxx Money to the Partnership as damages. Provided that In all other circumstances, including in the event where Buyer has not terminated terminates this Agreement pursuant to Section 3.2 below2.05(g), within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed paid by the Escrow Company pursuant Agent to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this AgreementBuyer. The Exxxxxx Money shall be invested as provided in said by the Escrow Agreement, with all interest accruing thereon being deemed part Agent pursuant to the terms of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver Escrow Agreement and any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company investment income thereon shall be immediately delivered payable to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid Buyer or as otherwise directed by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementBuyer.

Exxxxxx Money. Buyer shallis to deposit the Exxxxxx Money as follows: (a) Within two (2) business days after execution and delivery of this Agreement by the parties, Buyer shall deposit the amount of One Hundred Fifty Thousand and No/100 Dollars ($150,000.00) (the “Initial Deposit”) with Fidelity National Title Group, 6000 Xxxxxx Xxxxxx, Xxxxx XX-00, Xxxxxxx, Xxxxxxxxx 00000 (“Escrow Agent”); (b) if this Agreement has not been terminated prior to the expiration of the Inspection Period, within two (2) business days after following the Effective Dateexpiration of the Inspection Period, Buyer shall deposit with the Escrow Company, as escrow agent, the sum additional amount of Six Hundred Thousand and No/100 Dollars ($250,000, as exxxxxx money 600,000.00) (said amount being referred to herein as the “Initial Exxxxxx MoneyFinal Deposit”, and, together ) with (i) the “Additional Exxxxxx Money” deposit described belowEscrow Agent, and (iic) if Buyer elects to extend the Closing Date, the Buyer shall deliver the “Extension Deposit Deposit” (as defined hereinafter defined) to Escrow Agent as provided in Section 4.1 below)(the Initial Deposit, Final Deposit and Extension Deposit, will all interest accruing thereon, being herein referred thereon as and when paid to Escrow Agent is collectively as the “Exxxxxx Money”), which . Escrow Agent shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase pay the Exxxxxx Money plus the interest earned thereon (i) to $400,000 by depositing with Seller at and upon the Escrow Company an additional $150,000 by wire transfer of immediately available funds Closing (and credit the “Additional Exxxxxx Money”). Upon expiration same toward the payment of the Due Diligence Period, all of Purchase Price) or (ii) otherwise to the party entitled to receive the Exxxxxx Money shall become fully non-refundable in accordance with this Agreement. However, unless and payable to Selleruntil the Closing occurs under this Agreement, except as otherwise expressly provided herein. The the Exxxxxx Money shall be held and disbursed by the Escrow Company Agent pursuant to this Agreement which shall also serve as escrow instructions to Escrow Agent. Escrow Holder’s acceptance of the escrow instructions and agreement to act in accordance with the same shall be evidenced by Escrow Agent’s execution of this Agreement in the form of Exhibit J attached hereto (space provided at the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery end of this Agreement. The Exxxxxx Money (and each and every part thereof) shall be invested as provided held in said Escrow Agreement, a federally insured interest bearing account in a financial institution acceptable to Buyer under Buyer’s tax identification number with all interest accruing thereon being deemed part any fees of the Exxxxxx Money for all purposes hereunderEscrow Holder to be split equally by Buyer and Seller. In the event Buyer fails to deliver any The Final Deposit portion of the Exxxxxx Money within may be in the time provided form of a letter of credit issued by Regions Bank or other institutional lender reasonably acceptable to Seller, whereby such letter of credit shall be issued in the name of the Escrow Agent and shall entitled the Escrow Agent to draw upon such letter of credit (i) in the event the expiration date of such letter of credit is less than thirty (30) days, (ii) in the event that the Seller delivers written notice to the Escrow Agent certifying that the Buyer is in default under this Agreement, Seller maywhich default has not been cured within the applicable cure period, prior or (iii) at the Closing to Buyer’s deposit of such portion be applied toward the payment of the Purchase Price. The Exxxxxx Money and any interest earned thereon shall be fully refundable to Buyer through the Inspection Period, as defined herein. If, after the Inspection Period, the Buyer elects to proceed with the Escrow Companytransaction, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the all Exxxxxx Money previously delivered to Escrow Company plus any interest earned thereon shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied become non-refundable but applicable to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementPrice.

Exxxxxx Money. Buyer shall, within two Within 2 business days after the Effective Contract Date, Buyer will deposit with the Escrow Company, as escrow agent, Closing Agent the cash sum of $250,000, 500,000.00 (as exxxxxx money (said such amount being referred may be increased pursuant to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described Section 10.1 below, and (ii) the Extension Deposit (as defined in Section 4.1 below)including any accrued interest, and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement Closing Agent until disbursed as set forth in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money Buyer shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to execute and deliver any portion of appropriate W-9 forms requested by the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving ObligationsClosing Agent. If Buyer acquires the sale hereunder is consummated in accordance with the terms hereofProperty, the Exxxxxx Money shall be paid to Seller and applied as a credit against the Consideration. If all of the conditions precedent set forth in this Agreement are not met or resolved to the Purchase Price satisfaction of Buyer, or Buyer terminates this Agreement as expressly permitted pursuant to be paid by Buyer at the Closing. In all other instancesprovisions hereof, the Exxxxxx Money shall be paid returned by the Closing Agent to Buyer without further instruction from Seller. If all of the conditions precedent set forth in this Agreement have been satisfied or waived by Buyer, and Buyer is obligated to purchase the Property pursuant to the terms of this Agreement and thereafter Buyer defaults on its obligation to acquire the Property pursuant to the terms of this Agreement and Seller is not otherwise in material default, then the Exxxxxx Money shall be delivered to Seller and shall be retained by Seller as liquidated damages. If there is a dispute between Buyer and Seller as to the distribution of the Exxxxxx Money, or if for any other reason the Closing Agent in good faith elects not to make any such disbursement, the Closing Agent shall continue to hold the Exxxxxx Money until otherwise directed by written instructions executed both by Seller and Buyer, or by a final judgment of a court of competent jurisdiction. Upon request, Buyer as provided and Seller shall execute Closing Agent’s standard exxxxxx money escrow agreement in other provisions of form reasonably acceptable to Buyer and Seller; provided, however, that if there is any conflict or inconsistency between such escrow agreement and this Agreement, then this Agreement shall control. Notwithstanding anything stated to the contrary in this Agreement, the only circumstance under which Seller shall be entitled to receive the Deposit if Closing fails to occur is if Buyer fails to purchase the Property when it is obligated to do so under this Agreement. In addition, notwithstanding anything to the contrary contained herein, $100.00 of the Exxxxxx Money is earned by Seller in consideration of the rights granted to Buyer under Section 6 hereof and shall be in all events non-refundable to Buyer.

Exxxxxx Money. Buyer shall, Purchaser shall deliver to the PARAGON COMMERCIAL REAL ESTATE (“Escrow Agent”) within two (2) business days after the Effective Date, deposit with the Escrow Company, as escrow agenteffective date of this Agreement, the sum of TWENTY FIVE THOUSAND AND NO ONE-HUNDREDTHS DOLLARS ($250,00025,000.00) in cash to be held by the Escrow Agent in an interest-bearing escrow account as Purchaser and Seller shall direct in accordance with the provisions of this Agreement, including, without limitation the supplemental escrow instructions set forth on Schedule 1 attached hereto and incorporated herein by reference. In the event there is a conflict between the provisions of this Agreement and the provisions of the supplemental escrow instructions, the provisions of this Agreement shall govern. If Purchaser does not terminate this Agreement pursuant to Section 4.6, the Purchaser shall deliver to Escrow Agent within two (2) business days after the expiration of the Inspection Completion Date an additional sum of ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000.00) to be held by Escrow Agent in an interest bearing account as exxxxxx money (said amount being Purchaser and Seller shall direct in accordance with the terms set forth above. Said payments are individually and collectively referred to herein as the “Initial Exxxxxx Money”. Seller shall have the option of terminating this Agreement if the Exxxxxx Money is not delivered to the Escrow Agent within either such times. If the sale of the Property is consummated pursuant to the terms of this Agreement, and, together with the Exxxxxx Money and any accrued interest (i) less the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (Independent Consideration as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money 3.2) shall be paid to Seller and applied to the payment of the Purchase Price Price. If Purchaser terminates this Agreement in accordance with any right to be paid terminate granted by Buyer at the Closing. In all other instancesthis Agreement, the Exxxxxx Money and any accrued interest (less the Independent Consideration) shall be paid promptly returned to Seller or Buyer as provided Purchaser, and no party hereto shall have any further obligations under this Agreement. If Purchaser breaches this Agreement after Purchaser has approved the matters set forth in other provisions Section 4 of this Agreement, and the sale of the Property is not consummated as a result of such breach, all Exxxxxx Money deposited hereunder, together with all accrued interest, shall be delivered by the Escrow Agent to Seller, and no party shall have any further obligations under this Agreement.

Exxxxxx Money. Buyer shall, within two business days after the Effective Date, deposit with the Escrow Company, as escrow agent, the The sum of Seventy-Five Thousand dollars ($250,000, as exxxxxx money 75,000) (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in ) has been paid to the form Seller upon the execution of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after and the Due Diligence Expiration Date, Buyer shall increase receipt of said $75,000 is hereby acknowledged by the Exxxxxx Money to $400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held paid into an interest-bearing account in the name of the Seller and disbursed by Buyer at the Escrow Company Bank. The Exxxxxx Money shall only be withdrawn pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed terms and delivered simultaneously with the execution and delivery conditions of this Agreement. The parties hereby agree that if the transaction contemplated herein cannot be consummated as set forth in this Agreement due either (i) to a misrepresentation or breach of any warranty or covenant contained herein by Seller, including, without limitation, Buyer’s termination of this Agreement pursuant to Section 14(b) if such termination is the result of Seller’s actions or failures, or (ii) the Buyer’s termination of this Agreement pursuant to Section 14(c) or 14(d), or (iii) by mutual written consent of the Seller and Buyer, the Exxxxxx Money paid hereunder plus any accrued interest thereon shall be invested as provided in said Escrow Agreementimmediately refunded to Buyer. Should the transaction contemplated herein not be consummated for any reason other than specifically hereinabove described, with including, without limitation, failure to obtain approval of the transaction from regulatory authorities and the termination of this Agreement by either the Buyer or the Seller pursuant to the terms of Section 14 of this Agreement (other than those sections of Section 14 specifically referenced above), Seller shall be entitled to all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder(plus any accrued interest thereon). In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder transaction herein is consummated in accordance with the terms hereofconsummated, the Exxxxxx Money (plus any interest accrued thereon) shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementMerger Consideration.

Exxxxxx Money. Buyer shall, within two business days after the Effective Date, deposit with (a) Purchaser shall deliver to the Escrow Company, as escrow agentHolder no later than 5:00 pm (Florida time) on the second (2nd) Business Days after a counterpart of this Agreement signed by Purchaser and Seller has been delivered to Purchaser, the sum of $250,000, as exxxxxx money 1,277,000 by federal funds wire transfer (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing earned thereon, being herein referred to collectively as the “Exxxxxx Money”), which . This Agreement shall terminate and be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase deemed void ab initio if the Exxxxxx Money to $400,000 by depositing is not timely deposited with the Escrow Company an additional $150,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided hereinHolder. The Exxxxxx Money shall be held and disbursed in escrow by the Escrow Company pursuant Holder in a segregated interest-bearing account, with interest accruing for the benefit of the party entitled to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part payment or return of the Exxxxxx Money for all purposes hereunderMoney. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the The Exxxxxx Money shall be paid to Seller and applied to toward the Purchase Price to at Closing, and shall otherwise be paid by Buyer at or applied in accordance with this Agreement. $339,374 of the ClosingExxxxxx Money (the “Deerwood Exxxxxx Money”) shall be allocated to Deerwood Village. In all other instances, $412,144 of the Exxxxxx Money shall be allocated to Villa Tuscany (the “Villa Tuscany Exxxxxx Money”). $61,821 of the Exxxxxx Money shall be allocated to Midway Mxxxx, and $463,661 of the Exxxxxx Money shall be allocated to Vista Grande (the “Vista Gxxxxx Xxxxxxx Money”). The Villa Tuscany Exxxxxx Money shall remain in escrow following the Closing of Vista Grande and Midway Mxxxx, and shall be paid to Seller and applied to the Villa Tuscany Purchase Price and, if applicable, the portion of the Purchase Price allocated to the Deerwood Village Apartment Complex at the Closing of each such Apartment Complex, and shall otherwise be paid or Buyer as provided applied in other provisions of accordance with this Agreement.

Exxxxxx Money. Buyer shall, within Within two (2) business days after following the Effective Date, deposit with Purchaser will deliver to the Escrow Company, as escrow agent, Agent the sum of SEVEN HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000, as exxxxxx money 750,000.00) (said amount being referred to herein as the “Initial First Exxxxxx Money”). Within two (2) business days following the expiration of the Study Period, andassuming Purchaser has not previously elected to terminate this Agreement, together with Purchaser shall deliver to the Escrow Agent the additional sum of FIVE HUNDRED THOUSAND AND NO/100 DOLLARS (i$500,000.00) (the “Additional Second Exxxxxx Money” deposit described below”‘) (the First Exxxxxx Money and the Second Exxxxxx Money, and (ii) the Extension Deposit (as defined in Section 4.1 below)if any, and all interest accruing thereon, being herein earned thereon are hereinafter collectively referred to collectively as the “Exxxxxx Money”). If Purchaser fails to deliver the Second Exxxxxx Money within such two (2) business day period, which then Seller shall be have the right (exercisable in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated its sole discretion) to terminate this Agreement pursuant by delivery of written notice to Section 3.2 below, within two Purchaser giving Purchaser three (3) business days after Purchaser’s receipt of such notice to deliver the Due Diligence Expiration Date, Buyer shall increase the Second Exxxxxx Money to $400,000 Escrow Agent. If no such termination notice is given by depositing Seller as herein provided, then the Agreement shall continue in full force and effect in accordance with its terms. If Seller provides the termination notice to Purchaser and Purchaser fails to deliver the Second Exxxxxx Money to Escrow Company an additional $150,000 by wire transfer Agent within three (3) business days after Purchaser’s receipt of immediately available funds (Seller’s notice, the “Additional Seller and Purchaser each shall promptly instruct Escrow Agent to pay the First Exxxxxx Money”). Upon expiration Money to Seller and, except under those provisions of the Due Diligence Period, all Agreement that by their express terms survive the termination of the Exxxxxx Money Agreement, shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed and delivered simultaneously with the execution and delivery of no further rights or obligations under this Agreement. The Exxxxxx Money shall be invested by the Escrow Agent in short-term interest bearing accounts at banks or other financial institutions, which accounts must be insured by the Federal Deposit Insurance Corporation. All interest earned on such deposits shall belong to the party (as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of between Seller and Purchaser) who is entitled to receive the Exxxxxx Money for all purposes hereunderunder the applicable provisions of this Agreement. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated transactions contemplated herein are not closed in accordance with the terms provisions hereof, the Exxxxxx Money shall be paid disbursed to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to either Seller or Buyer Purchaser as provided in other provisions of this Agreement.

Exxxxxx Money. Buyer shall2.1.1 Purchaser shall deliver to Fidelity National Title Group National Commercial Services – Atlanta, Attn. Lxxxx Xxxx (the “Title Company”) within two one (1) business days after day of the Effective Date, deposit with the Escrow Company, as escrow agent, Date exxxxxx money in the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($250,000150,000.00) (together with any interest thereon, as exxxxxx money (said amount being referred to herein as net of investment costs, the “Initial Exxxxxx Money”). Purchaser’s failure to timely deliver the Initial Exxxxxx Money as provided herein shall render this Agreement null and void. In the event Purchaser shall have timely delivered the Notice to Proceed (as hereinafter defined), and, together with (i) the “Additional Exxxxxx Money” deposit described as provided in Section 4.1.1 below, and (ii) on or prior to the Extension Deposit expiration of the Review Period (as defined in Section 4.1 belowhereinafter defined), and all interest accruing thereonthen Purchaser shall, being herein referred within one (1) business day after the expiration of the Review Period, deliver to collectively as the “Exxxxxx Money”), which shall be Title Company additional exxxxxx money in the form sum of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($400,000 by depositing with the Escrow Company an additional $150,000 by wire transfer of immediately available funds 150,000.00) (the “Additional Exxxxxx Money”). Upon expiration of the Due Diligence PeriodIf this Agreement is terminated, all of the Exxxxxx Money shall become fully non-refundable be refunded to Purchaser or delivered to Seller as provided for below and payable neither party shall have any further liability to Sellerthe other hereunder (except for liabilities that expressly survive termination of this Agreement). The Initial Exxxxxx Money and the Additional Exxxxxx Money, except together with any interest earned thereon, net of investment costs, are collectively referred to in this Agreement as otherwise expressly provided herein. the “Exxxxxx Money.” The Exxxxxx Money shall be held and disbursed and, at Purchaser’s election, invested by the Escrow Title Company pursuant in an interest bearing account with a federally insured financial institution reasonably acceptable to the escrow agreement in the form of Exhibit J attached hereto (the "Escrow Agreement"), which the parties have executed Purchaser. Any and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, earned on the Exxxxxx Money shall be paid reported to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this AgreementPurchaser’s federal tax identification number.

Exxxxxx Money. Buyer shall, within two (2) business days after the Effective Date, deposit with the Escrow Company, as escrow agent, the sum of $250,000, 500,000 as exxxxxx money (said amount being referred to herein as the “Initial Exxxxxx Money”, and, together with (i) the “Additional Exxxxxx Money” deposit described below, and (ii) the Extension Deposit (as defined in Section 4.1 below), and all interest accruing thereon, being herein referred to collectively as the “Exxxxxx Money”), which shall be in the form of a wire transfer of immediately available funds. Provided that Buyer has not terminated this Agreement pursuant to Section 3.2 below, within two (2) business days after the Due Diligence Expiration Date, Buyer shall increase the Exxxxxx Money to $400,000 1,500,000 by depositing with the Escrow Company an additional $150,000 1,000,000 by wire transfer of immediately available funds (the “Additional Exxxxxx Money”). Upon the expiration of the Due Diligence Period, all of the Exxxxxx Money shall become fully non-refundable and payable to Seller, except as otherwise expressly provided herein. The Exxxxxx Money shall be held and disbursed by the Escrow Company pursuant to the escrow agreement in the form of Exhibit J E attached hereto (the "“Escrow Agreement"”), which the parties have executed and delivered simultaneously with the execution and delivery of this Agreement. The Exxxxxx Money shall be invested as provided in said Escrow Agreement, with all interest accruing thereon being deemed part of the Exxxxxx Money for all purposes hereunder. In the event Buyer fails to deliver any portion of the Exxxxxx Money within the time provided in this Agreement, Seller may, prior to Buyer’s deposit of such portion of the Exxxxxx Money with the Escrow Company, at Seller’s option and without limiting any of its other rights or remedies, terminate this Agreement by written notice to Buyer, whereupon any portion of the Exxxxxx Money previously delivered to Escrow Company shall be immediately delivered to Seller, this Agreement shall terminate, and the parties hereto shall have no further obligations to the other except for the Termination Surviving Obligations. If the sale hereunder is consummated in accordance with the terms hereof, the Exxxxxx Money shall be paid to Seller and applied to the Purchase Price to be paid by Buyer at the Closing. In all other instances, the Exxxxxx Money shall be paid to Seller or Buyer as provided in other provisions of this Agreement.