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03/17/2008 09:40 7725694317 COATTY PAGE 04 <br />2. The County agrees to convey to the McKellars that portion of land lying immediately north of <br />the McKellar property, consisting of 16,254 square feet (0.37 acres) as depicted on Exhibit A <br />attached. <br />3. At the same time, the McKellars agree to convey two parcels of property to the County: <br />• A 20' by 300' (approximately) abutting the north side of 49`� Street and <br />• A 40' by 240' strip of property abutting the east side of 31" Avenue <br />These two parcels consist of 16,254 square feet (0.37 acres) as depicted on Exhibit B attached. <br />4. Each party shall convey marketable <br />title to their <br />respective parcels <br />by <br />warranty deed free of <br />claims, liens, easements, encumbrances <br />and property <br />taxes prorated for <br />the <br />year of closing. <br />5. County shall be responsible for preparation of all Closing documents. <br />a. County shall pay the following expenses at Closing: <br />The cost of recording the warranty deed and any release or satisfaction obtained by Seller <br />pursuant to this Agreement. <br />6. Seller shall pay the following expenses at or prior to Closing: <br />All costs necessary to cure title defect(s) or encumbrances, other than the permitted <br />exceptions, and to satisfy or release of record all existing mortgages, liens, taxes or <br />encumbrances upon the properties. <br />7. In the event a dispute arises over this agreement, the Seller and County shall each pay their <br />own attorneys' fees and costs. <br />8. This Agreement constitutes the entire agreement between the parties with respect to this <br />transaction and supersedes all prior agreements, written or oral. <br />