2007-026A - Laserfiche WebLink

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10 . BENEFICIAL INTEREST DISCLOSURE. In the event Seller is a partnership , limited partnership , corporation , trust, or any form of representative capacity whatsoever for others , Seller shall upon execution of this Agreement, provide a fully completed , executed , and sworn beneficial interest disclosure statement in the form attached to this Agreement as Exhibit " B" as required by Florida Statutes Section 286 . 23 . However, pursuant to Florida Statutes Section 286 . 23 (3) (a) , the beneficial interest in any entity registered with the Federal Securities and Exchange Commission , or registered pursuant to Florida Statutes Chapter 517 , whose interest is for sale to the general public , is exempt from disclosure ; and where the Seller is a non-public entity , that Seller is not required to disclose persons or entities holding less than five (5 %) percent of the beneficial interest in Seller. 11 . EXPENSES . Seller will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance , including the cost of recording the deed described in paragraph 8 of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property . 12 . TAXES AND ASSESSMENTS . All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing . In the event Purchaser acquires fee title to the Property between January 1 and November 1 , Seller shall , in accordance with Section 196 . 295 , Florida Statutes , place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property . In the event Purchaser acquires fee title to the Property on or after November 1 , Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13 . CLOSING PLACE AND DATE . The closing shall be on or before 30 days after the option is exercised ; provided , however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 30 days after receipt of documentation curing the defects , whichever is later. The date , time and place of closing shall be set by Purchaser, after consultation with Seller. The parties agree that a closing as early as reasonably possible is the intention of Seller and Purchaser. 14 . RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement , ordinary wear and tear excepted . However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option , to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seller agrees to clean up and remove all abandoned personal property, refuse , garbage , junk , rubbish , trash and debris 4