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(c) Delivery to City of the policy of title insurance as hereinabove provided; <br />(d) Recordation of the Deed conveying sold 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 Seller of all <br />personal property. <br />a. Buyer and Seller agree that Seller 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 fee 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 />81 Waivers. 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•laterest. 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 Essenoe, In all matters and things hereunder to be done and in all payments <br />hereunder to be made, time is and shalt be of the essence. <br />11. Just 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 />12. Acknowledgment 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'); precondemnation <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 from, the sole <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 1253.615; any other rights conferred upon <br />Seileres pursuant to Code of Civil Procedure sections 1245,245 and 1263,615 and 1263.025; and <br />4463760.1 - N 1 565, 1 <br />25G-7 <br />