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DEUTSHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2007-2
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DEUTSHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2007-2
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1/20/2022 9:20:55 AM
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Company Name
DEUTSHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2007-2
Contract #
A-2021-254
Agency
City Attorney's Office
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1, 2021 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 and Respondent <br />Deutsche Bank retains ownership of the Property, this Agreement shall be null and void and the Action shall <br />continue with Respondents being subject to the City's requested relief from the Court. <br />Release. <br />(a) Notwithstanding the provisions of Civil Code section 1542, Respondents <br />hereto hereby irrevocably and unconditionally release and forever discharge Petitioner and each and all of <br />Petitioner, its officers, agents, directors, supervisors, employees, agents, representatives, and Petitioner <br />successors and assigns and all persons acting by, through, under, or in concert with Petitioner 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 Respondents at <br />any time heretofore had or claimed to have or which Respondents at any time now or hereafter may have or <br />claim to have, which relates or pertains to the Property in any manner and/or to the allegations contained in <br />the complaint filed in the Action. <br />(b) Notwithstanding the provisions of Civil Code section 1542, Petitioner hereto <br />hereby irrevocably and unconditionally release and forever discharge Respondents and each and all of <br />Respondents' officers, agents, directors, supervisors, employees, agents, representatives, trustees, prior <br />trustees, all persons acting by, through, under, or in concert with Respondents from any and all Claim or <br />Claims which Petitioner at any time heretofore had or claimed to have or which Petitioner at any time now <br />or hereafter may have or claim to have, which relates or pertains to the Property in any manner and/or to the <br />allegations 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." <br />THE SETTLING PARTIES, BEING AWARE OF SAID CODE SECTION, HEREBY <br />EXPRESSLY WAIVE ANY RIGHTS THEY MAY HAVE THEREUNDER, AS WELL AS UNDER <br />ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT PERTAINING <br />TO THE RELEASED CLAIMS. <br />
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