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4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and are <br /> the sole owners of and have good right , title , and authority to convey and transfer <br /> the Property which is the subject matter of this Agreement , free and clear of all liens <br /> and encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action <br /> which would impair or otherwise affect title to any portion of the Property , and shall <br /> record no documents in the Public Records which would affect title to the Property , <br /> without the prior written consent of the County . <br /> 4 . 3 . 1 There are no existing or pending special assessments affecting the Property , which <br /> are or may be assessed by any governmental authority , water or sewer authority , <br /> school district , drainage district or any other special taxing district . <br /> 5 . Default . <br /> 5 . 1 . 1 In the event the County shall fail to perform any of its obligations hereunder , the <br /> Seller shall , at their sole option , be entitled to : <br /> ( i ) terminate this Agreement by written notice delivered to the County at <br /> or prior to the Closing Date and thereupon neither the Seller nor any <br /> other person or party shall have any claim for specific performance , <br /> damages , or otherwise against the County ; or <br /> ( ii ) waive the County' s default and proceed to Closing . <br /> 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder , the <br /> County shall , at its sole option , be entitled to : <br /> ( i ) terminate this Agreement by written notice delivered to the Seller at or <br /> prior to the Closing Date and thereupon neither the County nor any <br /> other person or party shall have any claim for specific performance , <br /> damages or otherwise against the Seller; or <br /> ( ii ) obtain specific performance of the terms and conditions hereof; or <br /> ( iii ) waive the Seller' s default and proceed to Closing . <br /> 6 . Closing . <br /> 6 . 1 The closing of the transaction contemplated herein ( " Closing " and " Closing Date " ) <br /> shall take place within 30 days following execution unless extended to implement <br /> the provisions of Section 3 . 1 . The parties agree that the Closing shall be as follows : <br /> (a ) The Seller shall execute and deliver to the County a warranty deed <br /> conveying marketable title to the Property , free and clear of ail liens <br /> and encumbrances and in the condition required by paragraph 3 . <br /> ( b ) Subject to a lease between the parties , the Seller shall have removed <br /> all of their personal property and equipment from the Property and <br /> Seller shall deliver possession of the Property to County vacant and in <br /> 3 <br />