Cypress Creek Property. Xxxx, on behalf of himself and Cypress Creek Florida, LLC, as acknowledged in Exhibit E, and the Hurt Entities shall surrender all right and claims to the premises of the Cypress Creek Property on or before the Effective Date of the Agreement and shall vacate the premises within fourteen (14) days of the Effective Date or by the Surrender Date, whichever comes first. Xxxx, on behalf of himself and Cypress Creek Florida, LLC, and First Choice, on behalf of itself and Cypress Creek Florida, LLC, acknowledge that certain foreclosure proceedings have been filed with respect to the Cypress Creek Property in Broward County, Florida, captioned BCP 0000 Xxxxxxx Xxxxx Xx, LLC v. Cypress Creek Florida, LLC, et al., No. CACE 22-009095 (Fla. 17th Cir. Ct.) and Cypress Creek Florida, LLC v. BCP 0000 Xxxxxxx Xxxxx Xx, LLC, et al., No. CACE-22-009699 (Fla. 17th Cir. Ct.). These two matters have been consolidated and are hereinafter referred to as “the Foreclosure Action.” Hurt and the Hurt Entities agree to cooperate in any effort by the United States, the Trustee, or their agent(s) to resolve or stay the Foreclosure Action during the pendency of efforts to consummate the sale of the Cypress Creek Property. Hurt and the Hurt Entities shall surrender the Cypress Creek Property in good condition and, other than as disclosed by Hurt in Exhibit A to this Agreement, including the Foreclosure Action, shall be unencumbered by any lien, claim, or right of any individual or entity. Any mortgages, taxes or fees due to any governmental entity, with respect to the Cypress Creek Property, shall be current and in good standing as of the Effective Date, other than as disclosed by Hurt in Exhibit A to this Agreement. Hurt and the Hurt Entities shall take all actions and execute all documents requested by the United States or its approved agent(s) to effectuate the sale of the Cypress Creek Property.
