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Agreement, "Agency Knowledge" is defined as the actual knowledge of Susan F. Moeller. 4. The Developer Preliminary Title Report. must have approved the Section 2.08. Time and Place for Delivery of Documents to Escrow. Subject to any mutually agreed upon written extensions of time or any extensions otherwise authorized by this Agreement, the parties shall deposit with the Escrow Agent promptly at such time as such documents have been fully prepared and executed, but in no event later than ten (10) calendar days, except where a different time period is specifically provided herein, before the Closing Date, any and all documents which are required in order for the Escrow to close in accordance with this Agreement. The Grant Deed shall be prepared by the Agency, at the Agency's expense. The legal description of the Property will be provided by the Agency, and shall encompass all of the Property shown on Exhibit "A" hereto as being a part of the Project. All other documents required to be recorded in order to permit the Close of Escrow shall be prepared by the Developer at its cost and expense. Section 2.09. Recordation of the Grant Deed and other Documents. When the parties have deposited into the Escrow all documents and funds as required by this Agreement, and all conditions for the Close of Escrow have been satisfied, the Escrow Agent shall promptly file for recordation among the land records in the Office of the County Recorder where the Property is located: (i) the Grant Deed, (ii) the Declaration of Affordability Covenants, (iii) the Deed of Trust, and (iv) this Agreement. If a deed of trust is required in connection with the Public Assistance, the parties agree that it shall be recorded in first position, provided that the Agency has approved the terms thereof in the exercise of its reasonable discretion. The Escrow Agent shall thereafter promptly provide a conformed copy of said recorded documents to both parties, shall promptly deliver to the Developer a title insurance policy in conformity with this Agreement and shall otherwise deliver to the appropriate party any other documents which are required to be delivered. The Escrow Agent shall provide to each party a complete set of copies of all documents received or generated by the Escrow Agent in the Escrow and copies of both closing statements. 12 REDW\0006\DOC\001-5 1/27/05 7:00 /mve