COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ESCROW AGENT AGREEMENT : Index (Clerk of Superior Court Accounts) No. day This Agreement made and executed this the (the "Depository"), Superior Court of Escrow Agent"). , : by and between Calendar No. his in County ("the Clerk"), and : Plaintiff(s) -against- her capacity as Clerk of JUDICIAL SUBPOENA (the : WHEREAS, the Depository is required by N.C.G.S. 7A-112 and 7A-112.1 to collatrealize the uninsured public deposits of the Clerk; and : WHEREAS, the Clerk and the Depository have executed a "Security Agreement;" and : WHEREAS, the Escrow Agent qualifies to serve as an escrow agent: Defendant(s) : ...................................................... NOW THEREFORE: it is mutually agreed between the parties as follows: 1. All pledging arrangements shall be in accordance with, and subject to the provisions of N.C.G.S. 7A-112, be subject to the referenced "Security Agreement: and be subject to the North Carolina Uniform Commercial Code. THE PEOPLE OF THE STATE OF NEW YORK 2. The Escrow Agent will, as agent for the Clerk, hold perfected collateral securities of the Depository in the name of and for the account of the Clerk, providing the Clerk with written notice of the pledge of the securities. TO 3. The Escrow Agent will not release any collateral securities or proceeds of maturing securities, nor accept any substitution thereof, without written authorization from the Clerk. 4. Unless notified of an event of default of the Depository as provided for herein, all normal income and principal distribution shall be paid to GREETINGS: the Depository. 5. Upon receipt of written notice from the Clerk or from North Carolina Administrative Office of the Courts ("AOC") of an event of default as defined in WESecurity Agreement, the Escrowbusiness and excuses being laid aside, you and eachand you attend any the COMMAND YOU, that all Agent shall deliver to the Clerk, the collateral securities, of in addition, before principal or income distributions not yet paid to the Depository.the , the Honorable at Court located at County of 6. Except as otherwise provided herein, the Escrow Agent may accept and act upon instructions from the Depository, the Clerk, or the in which on the 20 , by o'clock in the noon, and at any recessed AOC room the Escrow ,Agent believes day of to be genuine, given, in person,at telephone, or by other means of communication. Correspondence date, to testify and give evidence as a by fax transmittalaction on the part of the of a written notice or or adjourned deemed to be genuine which is delivered witness in this may satisfy any requirement 7. This Agreement is continuing and binding upon the parties and their respective successors and assigns. 8. All notices pursuant to this Agreement shall be made to the following addresses: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Escrow result of your failure to comply. Clerk: Depository: Witness, Honorable , one of the Justices of the IN WITNESS WHEREOF, said parties have executed this Agreement in triplicate originals, one of which is retained by each of the Court in County, day of , 20 parties. ACCEPTED: Escrow Agent (Attorney must sign above and type name below) Depository By: By: Authorized Signature Attorney(s) for Authorized Signature Clerk of Superior Court Office and P.O. Address By: Authorized Signature AOC-A-912M, New 10/93 2003 Administrative Office of the Courts Telephone No.: Facsimile No.: Triplicate Originals-Clerk, Depository, Escrow Agent Copy-AOC Financial Services E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com