MENDEZ,JAVIER & DIANNE ROSE,DBA Javier J.M. REALTY, O.C. COMMUNITY FUNDING INC. - 2018

Home Browse Search

3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant-Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest at the close of escrow. 4. POSSESSION OF PREMISES. In accordance with the terms of the Agreement for Exchange for Real Property, executed concurrently with this Agreement between Buyer and Dianne Rose Mendez, owner of the Property, the Parties agree to deliver to each other quiet and peaceful physical and legal possession of the respective Properties, free of all personal property, effective as of the Close of Escrow. As set forth in the concurrent Agreement for the Exchange of Real Property between Dianne Rose Mendez and Buyer, the Parties agree, however, that Tenant-Seller shall have the right to occupy the Premises until June 30, 2018 at no cost to Tenant-Seller. Buyer shall take possession of the Premises on July 1, 2018. Tenant-Seller agrees to deliver possession of the Premises to Buyer by the Possession Date. After June 30, 2018, access to the Premises by Tenant-Seller is revoked by the Buyer and the Buyer shall have a right to padlock or otherwise secure the Premises. Any and all property or fixtures left by Tenant-Seller in the Premises after June 30, 2018 shall be considered forfeited. No notice need be given prior to securing the Premises after June 30, 2018. The Buyer shall not need to seek a writ of possession in order to obtain access or otherwise secure the Premises after June 30, 2018. To the extent that any writ of possession is required, or the Buyer seeks a writ of possession, the Parties hereby agree that the Buyer is entitled to seek an immediate writ of possession as of July 1, 2018, and Tenant-Seller agrees it cannot oppose the issuance of any writ of possession as of that date. 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant-Seller to Buyer all of Tenant-Seller's interest in and to the Improvements and Movable Equipment, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant-Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 9 and 10 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. To the best of Tenant-Seller's knowledge, Tenant-Seller hereby warrants and certifies under penalty of perjury that Tenant-Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant-Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant-Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant-Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections, provided Buyer provides seven calendar days notice to Seller, and Seller agrees in writing that the inspection time proposed by Buyer will not unreasonably impair of affect Seller's operations at the Premises. 2