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<br />4.5 Deposit of Funds and Documents into Escrow. SELLER shall deposit with Escrow <br />Holder, no later than five (5) business days after opening of Escrow documents showing that <br />Robert Stahl has the authority to execute documents and transfer title on behalf of SELLER, and <br />that Robert Stahl has the authority to withdraw funds on behalf of SELLER. In sufficient time <br />for Escrow to close on or before the Closing Date, SELLER shall also deposit with Escrow <br />Holder the Grant Deed and SELLER'S Tax Affidavit, and any other documents which may be <br />reasonably required from SELLER to close the Escrow and which are consistent and in <br />accordance with this Agreement. AGENCY shall deposit with Escrow Holder in sufficient time <br />for Escrow to close on or before the Closing Date, AGENCY's Certificate of Acceptance of the <br />Grant Deed, the funds necessary to pay the Purchase Price and all costs charged to AGENCY, <br />less any credits, and any other documents which may be reasonably required from AGENCY to <br />close the Escrow and which are consistent, and in accordance with, this Agreement. <br /> <br />4.6 Disbursements and Other Actions by Escrow Holder. Escrow Holder shall promptly <br />undertake all of the following in the manner indicated: <br /> <br />A. Prorate all matters referenced in Section 4.4 above based upon the latest available <br />information; <br />B. Set up a TOT Reserve if the TOT is not calculable prior to the Close of Escrow; pay the <br />TOT from the TOT Reserve when it becomes due; and, refund any remainder from the TOT <br />reserve to SELLER; <br />C. Cause the Grant Deed and the Certificate of Acceptance to be recorded in the Official <br />Records of Alameda County, State of California; <br />D. Disburse all funds deposited with Escrow Holder by AGENCY to SELLER towards <br />payment of the Purchase Price for the Property as follows: <br />(i) in accordance with the schedule of Escrow Withdrawals as described in Section <br />4.1; and <br />(ii) deduct from SELLER's proceeds, all items, if any, chargeable to the account of <br />SELLER, including the amount of the TOT Reserve, and as otherwise shown on the Closing <br />Statement (as defined in Section 4.6(f)) approved, in writing, by SELLER pursuant hereto, if <br />any. <br />(iii) the remaining portion of the Purchase Price, plus all net amounts credited to <br />SELLER shall be disbursed to SELLER at the Close of Escrow; <br />E. From the funds, if any, remaining after disbursements to SELLER, disburse from the <br />funds deposited by AGENCY with Escrow Holder towards payment of all items chargeable to <br />the account of AGENCY in payment of such costs and disburse the balance of such funds, if any, <br />to AGENCY as shown on the Closing Statement approved, in writing, by AGENCY; disburse <br />and deliver to such persons or entities any and all other funds and documents which Escrow <br />Holder is authorized or required to deliver or distribute pursuant to these, or any additional, <br />escrow instructions which are mutually agreed to by AGENCY and SELLER. SELLER and <br />AGENCY hereby agree, upon request of Escrow Holder, to execute and deliver to Escrow <br />Holder such other specific or general escrow instructions which are consistent with this <br />Agreement and which Escrow Holder may reasonably require in connection with the <br />performance of its obligations hereunder; <br /> <br />5 <br />