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(C) Have the authority to deduct and pay from the amount shown <br />in Clause 2 (A) above, any amount necessary to satisfy any <br />delinquent taxes due in any fiscal year except the fiscal <br />year in which this escrow closes, together with penalties <br />and interest thereon, and/or delinquent or non -delinquent <br />assessments or bonds except those which title is to be taken <br />subject to in accordance with the terms of this contract. <br />3. Any and all monies payable under this contract, up to and <br />including the total amount of unpaid principal and interest on note(s) <br />secured by mortgage (s) or deed(s) of trust, if any, and all other amounts _ <br />due and payable in accordance with the terms and conditions of said trust <br />deed(s) or mortgage(s) shall upon demand(s) be made payable to the <br />mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or <br />beneficiary(s) to furnish grantor with good and sufficient receipt showing <br />said monies credited against the indebtedness secured by said mortgages) <br />or deed(s) of trust. <br />4. The grantor (s) shall retain possession of the property conveyed <br />up to an including the date of recording of the deed conveying title to the <br />City of San Leandro, upon compliance by the grantor(s) with the conditions <br />of this contract. All rents collected by grantor(s) applicable to any <br />period thereafter shall be paid to the City. Either party hereto <br />collecting rents to which the other party is entitled shall forthwith pay <br />such amount to the other as is necessary to comply with the provisions of <br />this clause. <br />5. Grantor(s) warrants that there are no oral or written leases on <br />all or any portion of the property exceeding a period of one month, and the <br />grantor further agrees to hold the City of San Leandro harmless and <br />reimburse the City of San Leandro for any and all of its losses and <br />expenses occasioned by reason of any lease of said property held by any <br />tenant of grantor for a period exceeding one month. <br />6. The undersigned grantor(s) hereby agree(s) and consent(s) to the <br />dismissal of any eminent domain action in the Superior Court wherein the <br />herein described land is included and also waive(s) any and all claims to <br />any money that may now be on deposit in said action. <br />7. It is understood and agreed that the grantor (s) shall eliminate <br />to the satisfaction of the below -named title company the effect of <br />the following: <br />None. <br />8. This transaction will be handled through an escrow with Fidelity <br />National Title Insurance Company, 5925 Stoneridge Drive, Pleasanton, <br />California 94566, Escrow No. 104608. <br />OWM <br />