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03/15/2005 09: 58 2094671318 AGE S70CKTON PAGE 07/12 <br /> e <br /> Letwaeen Buyer ane3 Sellers as of the clew of escrow. <br /> 13 : The property at 321 X. Sacramento <br /> 91treet is currently subject to a'Laaaa, which Buyer <br /> Ucknowl,edges and accepts without exception. said Lease is <br /> Clue to expire ,lune 36, 20bS. <br /> 14, Riskgf Lovas, Sellers° shall bear the risk of loan <br /> 7;or the property until the close ',of escrow and shall <br /> naIntain its present insurauce Coverage, if any, until much <br /> i.itlte. After the close of escrow;' Buyer shall bear the risk ; <br /> of loan for t_be property and shall have all obligations, <br /> :•iabilitioa, and responsibilities in connection with the <br /> mmership, operation, and use of `the property. <br /> 15. Lic <br /> jrqidatod ramaggo. 33UYER REGaGN1:Z89 TIIA'I TH$ <br /> PROPERTY WILL BE RZKOVLD BY THE SELLERS FROM TIM K"KET , <br /> I)UJR ING THE Z):I 5TENCV OF THIS AGRESM NT, AND .THAT IF THIS <br /> 1'URCBASE AND SALE TS NOT CONguMMATED 'BECAUSE OF BUYER'S <br /> I)SrAtMT FOR A REASON OTHER TRM A FATLURE OF A, CONDITION <br /> 31EQUIRING A $.EFUND TO BUYER OF ITS DEPOSIT, TT WOMM BE <br /> EXTREM LY DI'PFTCMT AND 1X$RACTICABLE TO ASCERTAIN THE <br /> VXTENT OF THE DETRIMENT To SELLERS. TSE PARTIES HAVE <br /> DETERMINED IED JUM AGREED THAT THE ACTUAL AMOUNT OF DAM1P GE.9 <br /> "HAT WOULD BE. SUFFERED BY SELLERS AS A RESULT OF ANY SUCH <br /> DEFAULT IS D17FICULT OR IMPRACTICABLE AS OF TEM DATI} OF <br /> "HIS AGREEMENT, AND TEAT TH9 AMOUNT OF THE DPP08IT IS A <br /> I,EASONABLE E.1TIXATS OF THE AMOUNT OF SUCH DAVAGES. FoR <br /> ..HESE REASON40, THE PARTIES AGREE :-THAT IF TRIS PURCS"n AND <br /> :,A.LX IS NOT CONSU +MTM BECAUSE OF RVnR'S .DEFAULT, SELLERS <br /> 8HALL BE ENTITLED TO RETAIN THE FULL, AMOUNT OF THE DEPOSIT <br /> 20 LIQUTDATED DAMAGES. THE PARTIES AGREE THE RETEMION OF <br /> "HL DEPOSIT AS LIQVIDATn DAMAGES SHALL NOT BE IN LIEU OI' <br /> ;MY OTHER MOIJETARY RELIEF OR OMER RFMEDY, AND THAT SELLERS <br /> EIHALL HAVE 777 OPTTON, WITHOUT LIMITATION, iDF PURStyING ANX <br /> RSMMY AVAIIJLBLE IN LAW OR EQUITY, INCLUDING SPS:CIFxC <br /> )ERFORMANCE, I,, E'V'ENT OF BUYER'S BREACH Or TSIS <br /> iGREE'MENT. �,1z, ! <br /> X6. C=iemuatj In the e` ant that all, or any part, <br /> of the property is appropriated prior to the closes of <br /> I10"Ow by th" exercise Of the Pier of Omi1'lent domain, and <br /> ._f escrow door not clone, there Super shall have T%o <br /> +1oalpensable Ixterest and no right to share in the <br /> r=demuation award; Provided, however, if escrow does <br /> ,;10ae, then Buyer shall have the right to offact the amount <br /> ,>f the candexaaa,tion aWardl, less the expenses bf the <br /> -5- <br /> 90 'd VEOI €£E: 130E I 'ON XV� N01UN NVAIMS HIM WV 91:00 NOW 900e-DI-xqu <br />