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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 all 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 /> the same or better condition that existed at the Effective Date hereof. <br /> (c) If Seller are obligated to discharge any encumbrances at or prior to <br /> Closing and fails to do so , County may use a portion of Purchase <br /> Price funds to satisfy the encumbrances . <br /> 3 <br />