Deposit. The Seller, the Purchaser and the Escrow Agent have entered into the Deposit Escrow Agreement and the Purchaser has deposited with the Escrow Agent $750,000 in a segregated account established pursuant to the Deposit Escrow Agreement (the “Deposit”) for disbursement pursuant to this Agreement and the Deposit Escrow Agreement. The Purchaser shall be treated as the owner of the Deposit and all interest or other taxable income earned thereon for all income Tax purposes until such amounts, if any, are distributed pursuant to this Agreement and the Deposit Escrow Agreement. The Purchaser and the Seller shall each pay fifty percent (50%) of the fees and expenses required to be paid to the Escrow Agent under the Deposit Escrow Agreement.

Deposit of Withheld Funds. Simultaneously with the execution and delivery of this Agreement, Escrow Agent shall withhold Five Hundred Thousand and No/100 DOLLARS ($500,000.00) (the “Withheld Funds”) from the Purchase Price, which shall be deposited with Escrow Agent and held, invested and disbursed in accordance with this Agreement.

Deposit of Escrow Funds. By its execution hereof, Escrow Agent acknowledges receipt of the Escrow Funds and that Escrow Agent shall hold or disburse the Escrow Funds in accordance with the terms hereof.

Order of Priority of Funds in Deposit Account. On each Monthly Payment Date during the continuance of a Trigger Period, except during the continuance of an Event of Default, all funds deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on such Monthly Payment Date in the following order of priority:

Deposit of Funds. The Company shall hold all funds in escrow until such time as it closes on the corresponding subscriptions. If the Company rejects a subscription, either in whole or in part (which decision is in its sole discretion), the rejected subscription funds or the rejected portion thereof will be returned promptly to the Purchaser without interest accrued thereon.

Deposit of Funds. Subject to the Collections Account and Lock Box provisions of [Section 4.1(p)(iv)], Borrower shall deposit proceeds of the Collateral into a depository account as approved by Lender, in its sole and absolute discretion and such deposit account must be subject to a deposit account control agreement in favor of Lender and in form acceptable to Lender.

Deposit of Escrow Funds. Simultaneously with the execution and delivery of this Agreement, Depositor will transfer the Escrow Funds in the amount of $345,000.00 by wire transfer of immediately available funds, to a separate account designated by Escrow Agent, maintained for the purposes, and on the terms and subject to the conditions, set forth in this Agreement (the “Escrow Account”). Escrow Funds shall remain uninvested except as provided in Section 7.

Deposit of Funds; Grant of Security Interest. On the date of this Loan Agreement, The Point Associates, L.P. (“The Point Borrower”) has deposited with Lender the sum of Two Hundred Thirty Thousand Dollars ($230,000.00) (the “Panera Tenant Improvement Reserve Funds”). Borrowers hereby # grant to Lender a first priority security interest in the Panera Tenant Improvement Reserve Funds and any and all monies deposited at or after the date hereof in any reserve account as additional security for payment and performance of the Obligations, # acknowledge and agree that the Panera Tenant Improvement Reserve Funds are pledged to Lender as additional security for the Obligations and # agree take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Panera Tenant Improvement Reserve Funds, including, without limitation, filing or authorizing Lender to file [[Identifier]] financing statements and continuations thereof.

Funds. Noteholder shall provide to Borrower up to the principal amount of the Loan, in its entirety or in portions. The amount of each funds deposit shall depend on the working capital needs of the Borrower and the Parties agree to coordinate on the date when Noteholder shall make such funds available.

Deposit of Funds. The Company shall hold all funds in escrow until such time as it closes on the corresponding subscriptions. If the Company rejects a subscription, either in whole or in part (which decision is in the Company’s sole discretion), the rejected subscription funds or the rejected portion thereof will be returned promptly to the Purchaser without interest accrued thereon.