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shall be $ 255 , 000 (Two Hundred Fifty- Five Thousand Dollars ) . The Purchase Price shall be <br /> paid on the Closing Date . Also , the County shall pay Seller' s attorney ' s fees in the amount of <br /> $ 3 , 000 for a combined total of $ 258 , 000 to Collins , Brown , Caldwell Trust Account for <br /> disbursement . The Effective Date of this Agreement shall be the date upon which the Indian <br /> River County Board of County Commissioners shall have approved the execution of this <br /> Agreement , at a formal meeting of such Board . <br /> 3 , Title . Seller shall convey marketable title to the Property by warranty deed free of <br /> claims , liens , easements and encumbrances of record or known to Seller ; but subject to <br /> property taxes for the year of Closing and covenants , restrictions and public utility easements <br /> of record provided ( a ) there exists at Closing no violation of any of the foregoing ; and ( b) none <br /> of the foregoing prevents County' s intended use and development of the Property ( " Permitted <br /> Exceptions") . <br /> 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if ( a) County fails to deliver notice of defects within the time <br /> specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from <br /> receipt of notice from County of title defects (" Curative Period ") . Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty (30 ) days from the end of the Curative Period to elect , <br /> by written notice to Seller , to : ( i ) to terminate this Agreement , whereupon shall be of no further <br /> force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept <br /> title subject to existing defects and proceed to closing . <br /> 4 . Representations of the Seller . <br /> 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the <br /> sole owner of and has good right , title , and authority to convey and transfer the Property which <br /> is the subject matter of this Agreement , free and clear of all liens and encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which <br /> would impair or otherwise affect title to any portion of the Property , and shall record <br /> no <br /> documents in the Public Records which would affect title to the Property , without the prior <br /> written consent of the County . <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which are <br /> or may be assessed by any governmental authority , water or sewer authority , school district , <br /> drainage district or any other special taxing district . <br /> 5 . Default . <br /> 5 . 1 In the event the County shall fail to perform any of its obligations hereunder , <br /> the Seller <br /> shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written notice delivered <br /> 2 <br />