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<br />3. Vacation of the Propertv <br /> <br />(a) As of the Vacation Date, Tenant shall have removed all its removable <br />personal property, trade fixtures, furniture and equipment from the <br />Property except for those items described in Exhibit "B" attached to hereto <br />and made a part hereof. <br /> <br />(b) Upon the Vacation Date, Tenant hereby transfers any right, title and <br />interest in the Property, the Lease and the fixtures and equipment described <br />in Exhibit "B" to City, and warrants all to be free and clear from any liens <br />or encumbrances, including any refrigerants or any other toxic or <br />hazardous materials, which shall have been removed and disposed of in <br />accordance with applicable regulations. <br /> <br />4. Convevance ofInterest in Real Propertv and Improvements Pertaining to Realtv <br /> <br />a) Tenant hereby warrants and certifies that Tenant is the owner of certain <br />Improvements Pertaining to Realty, attached to this agreement as Exhibit <br />"B", and made a part hereof. <br /> <br />b) Tenant hereby warrants and certifies that no document has been signed <br />by or on behalf of the Tenant for the purpose of creating any lien, <br />encumbrance or security interest in any of the items of Improvements <br />Pertaining to Realty included in this Agreement, and that the Tenant does <br />not know of any claim of lien or encumbrance therein, EXCEPT: a) <br />personal property taxes. <br /> <br />c) Tenant shall execute and hand City a Bill of Sale, conveying all of <br />Tenant's interest in and to those certain items ofImprovements Pertaining <br />to Realty shown in Exhibit "B", free and clear of all recorded and <br />unrecorded encumbrances, liens, assessments, leases and taxes, on or <br />before the Vacation Date. <br /> <br />d) Tenant agrees to execute a Quitclaim Deed, within 30 days after both of <br />the Parties have executed this agreement, in favor of City, relinquishing, <br />releasing and forever quitclaiming all right, title and interest in and to the <br />real property described in Exhibit "A", attached hereto and made a part <br />hereof as well as quitclaiming all interest in any Improvements Pertaining <br />to said Realty in and on the property commonly referred to as 114 S. <br />Bristol Street, Santa Ana. Recordation of any documents through this <br />transaction is authorized by Tenant, if necessary and proper. <br /> <br />2 <br />