|
PROPERTY#35355(PCF#5448)
<br /> 3202 W Hammer Ln
<br /> Stockton,CA 95209
<br /> BILL OF SALE
<br /> This Bill of Sale ("Bill of Sale") between CONVENIENCE RETAILERS LLC, a Delaware
<br /> limited liability company ("Seller ), and 7-ELEVEN, INC., a Texas corporation ("Purchaser'), is made
<br /> and entered into effective as of November 4,2011.
<br /> Recitals
<br /> Seller and Purchaser have heretofore entered into a Purchase and Sale Agreement dated as of July
<br /> 15, 2011 (the "Agreement"), providing, among other things, for the sale by Seller and the purchase by
<br /> Purchaser of certain assets owned and held by Seller in connection with the operation of Seller's
<br /> convenience store and motor fuels facility on certain property located at 3202 W Hammer Ln, Stockton,
<br /> CA 95209(the"Property'D.
<br /> Pursuant to the Agreement, Seller and Purchaser are required to execute and deliver this Bill of
<br /> Sale in connection with the consummation of the transactions contemplated by the Agreement.
<br /> Any capitalized term used but not defined in this Bill of Sale shall have the meaning ascribed to
<br /> such term in the Agreement.
<br /> NOW, THEREFORE, in consideration of these Recitals (which are incorporated herein), the
<br /> mutual covenants and agreements contained herein and in the Agreement, and other good and valuable
<br /> consideration,the receipt and sufficiency of all of which are hereby acknowledged, Seller and Purchaser
<br /> covenant and agree,as set forth in the following provisions of this Bill of Sale,to-wit:
<br /> 1. CONVEYANCE AND ASSIGNMENT OF ASSETS. Seller has granted, conveyed,
<br /> sold, assigned, transferred, bargained and delivered, and hereby grants,conveys, sells, assigns, transfers,
<br /> bargains and delivers, unto Purchaser and its successors and assigns,all right,title and interest in and to
<br /> the Assets (other than the Properties and Leases), excluding the Excluded Assets (such assets being
<br /> transferred,collectively, the"Subject Assets"), located at or pertaining to the Property effective as of the
<br /> Closing Date.
<br /> TO HAVE AND TO HOLD the Subject Assets granted, conveyed, sold, assigned,
<br /> transferred,bargained and delivered pursuant to the preceding provisions of this Paragraph 1 to Purchaser
<br /> and its successors and assigns forever.
<br /> This Bill of Sale is being executed and delivered pursuant to the Agreement and is made
<br /> subject to and with the benefit of the respective representations,warranties, covenants,terms, conditions
<br /> and other provisions of the Agreement.
<br /> 2, GOVERNING LAW. THIS BILL OF SALE SHALL BE CONSTRUED, PERFORMED
<br /> AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA
<br /> WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS.
<br /> 181172(Stockton)Bill of Sale I
<br />
|