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(c) Delivery to City of the policy of title insurance as hereinabove provided;
<br />(d) Recordation of the Deed conveying said real property to City.
<br />7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to
<br />City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seiler of all
<br />personal property.
<br />a. Buyer and Seller agree that Seiler may remain at the real property, and may operate Seller's
<br />business thereon, up until 9:00 a.m. on February 1, 2017, and Seller is not obligated to pay
<br />Buyer any rental Yee for the same.
<br />b. By no later than 9:00 a.m. on February 1, 2017, Seller shall have removed all merchandise,
<br />Inventory, equipment, personal property, and/or removable trade fixtures from the Property,
<br />Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at
<br />the Property as of three days after close of escrow shall be deemed abandoned by Seller on
<br />that date,
<br />c. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the
<br />Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or
<br />Sheriff of Orange County to take physical possession of the Property in favor of the City.
<br />Seller waives the right to have the City file an unlawful detainer action, as well as waive the
<br />right to any hearing or any requirements for an application by City to obtain the Writ of
<br />Possession and/or Assistance and waives any and all rights to object to the Issuance of said
<br />Writ If Seller does not vacate the Property by three (3) days after close of escrow,
<br />8. WgIveLs, The waiver by City of any breach of any covenant or agreement herein contained on the
<br />part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said
<br />covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein,
<br />9. Heirs, Assigns, Successors -in -Interest, This PSA, and all the terms, covenants and conditions
<br />hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective
<br />Parties hereto.
<br />10. Time Is of the Essence. In all matters and things hereunder to be done and in all payments
<br />hereunder to be made, time is and shall be of the essence,
<br />11. ,lust Compensation. Seller acknowledges and agrees that said purchase price is just compensation
<br />at fair market value for said real property and includes payment for and severance damages as this
<br />transaction was consummated under the threat of the exercise of eminent domain,
<br />11 Acknowledoment of Full Benefits and Release.
<br />A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators,
<br />successors and assigns, hereby acknowledges that this Agreement provides full payment for the
<br />acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any
<br />claim for compensation for injury to the remainder ("severance damages"); precondemnatlon
<br />damages; claims for inverse condemnation; loss or Impairment of any "bonus value" attributable to
<br />any lease;, any right to repurchase, leaseback from Seller, or receive any financial gain frorn, the sale
<br />of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to
<br />Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil
<br />Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to
<br />Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon
<br />Salleres pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263,026; and
<br />44637% 1 - NIS 65. I
<br />25G-19
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