This excerpt taken from the FVE 10-Q filed Nov 10, 2008.
ACCEPTANCE BY ESCROW AGENT
The undersigned Escrow Agent: (a) accepts the Escrow created by the foregoing Agreement; (b) agrees to act in accordance with the terms thereof; and (c) agrees to be the person responsible for closing the transaction within the meaning of Section 6045(e)(2)(A) of the Internal Revenue Code of 1986 (the Code), and to file all necessary information reports, returns, and statement (collectively, Reports) regarding the transaction required by the Code, and promptly, upon the filing thereof, transmit copies thereof to Purchaser and Seller.
The following exhibits have been omitted and will be supplementally furnished to the Securities and Exchange Commission upon request:
Schedule 1 (Excluded Assets), Schedule 2 (Contracts), Schedule 3 (Trade Names), and Schedule 5 (Resident Agreements). Exhibit 1 (Legal Description of the Land), Exhibit 2A (North Carolina Limited Warranty Deed), Exhibit 2B, (South Carolina Limited Warranty Deed), Exhibit (Bill of Sale), Exhibit 4 (Assignment and Assumption of Resident Agreements), Exhibit 5 (Assignment of Rights), Exhibit 6 (Non-Foreign Affidavits), Exhibit 7 (Sale Motion), Exhibit 8 (Approval Order), and Exhibit 9 (Sale Order)