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4. Withdraw of Lis Pendens.
<br />Upon the payment of monies outlined in paragraph 3, City agrees to withdraw the recorded Notice
<br />of Pendency of Action filed at the Orange County Clerk -Recorder's Office against the Property on December
<br />10, 2020 so the Buyer can proceed with the purchase of the Property.
<br />5. Transfer of Ownership. In the event that the Buyer cannot close escrow on or before
<br />September 17, 2021, Buyer cannot obtain title to the Property, and/or the Defendants retain ownership of
<br />the Property, this Agreement shall be null and void and the Action shall continue.
<br />Release.
<br />(a) Notwithstanding the provisions of Civil Code section 1542, Defendants hereto
<br />hereby irrevocably and unconditionally release and forever discharge Plaintiffs and each and all of
<br />Plaintiffs' officers, agents, directors, supervisors, employees, agents, representatives, and Plaintiffs'
<br />successors and assigns and all persons acting by, through, under, or in concert with Plaintiffs from any and
<br />all charges, complaints, claims, violations and liabilities of any kind or nature whatsoever, known or
<br />unknown suspected or unsuspected ( hereinafter referred to as a "Claim" or "Claims") which Defendants at any time
<br />heretofore had or claimed to have or which Defendants at any time now or hereafter may have or claim to have,
<br />which relates or pertains to the Property in any manner and/or to the allegations contained in the complaint filed in
<br />the Action.
<br />(b) Notwithstanding the provisions of Civil Code section 1542, Plaintiffs hereto
<br />hereby irrevocably and unconditionally release and forever discharge Defendants and each and all of
<br />Defendants' officers, agents, directors, supervisors, employees, agents, representatives, trustees, prior
<br />trustees (including, without limitation, JAMES STEVENS, in his capacity as a co -trustee and former
<br />trustee), all persons acting by, through, under, or in concert with Defendants from any and all Claim or
<br />Claims which Plaintiffs at any time heretofore had or claimed to have or which Plaintiffs at any time now or hereafter
<br />may have or claim to have, which relates or pertains to the Property in any manner and/or to the allegations
<br />contained in the complaint filed in the Action.
<br />(c) The releases found in this paragraph 6 are not applicable against Buyer, on
<br />behalf of itself, its successors and assigns and any subsequent owner of the Property.
<br />7. California Civil Code Section 1542 Waiver. With respect to the released Claims set forth
<br />herein, the Parties, and each of them, acknowledge that they have been advised by legal counsel and are
<br />familiar with theprovisions of California Civil Code Section 1542, which provides as follows:
<br />"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
<br />CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
<br />EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
<br />RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
<br />MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
<br />DEBTOR OR RELEASED PARTY."
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