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in Vero Beach, Florida; and Bruce Barkett will issue the title insurance and serve as closing agent. 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 has had a phase I environmental assessment ("Seller's ESA") completed which identifies potentially hazardous tanks, metal drums, construction debris, motor vehicles and other debris found on the Property. Seller agrees to remove the potential hazards listed below, and any new debris that might be placed on the property between the date of execution of this Agreement and the date of closing. Items described in Seller's ESA: eight 55+/- gallon metal drums; 16 automobile tires; one dumpster style storage unit; one 500- 600 gallon empty storage tank; one Caterpillar 950F vehicle. Other items to be removed: All non -registered automobiles; billiards table in carport; other miscellaneous debris in carport; pile of metal construction debris near house. 15. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. With regard to any entry by Purchaser upon the Property prior to closing, Purchaser's liability to Seller or to any third party shall be subject to the limitations and conditions specified in section 768.28, Florida Statutes. Seller shall deliver possession of the Property to the County at closing. All leases or tenancies of any nature as to occupancy of the house on the Property, or any other use of the property, shall be terminated by Seller, and the Property and house legally vacated of all persons by Seller, prior to closing. In the event Seller has not so terminated all tenancies, or the Property has not been so vacated, by closing, the closing date shall be extended until Seller has done so. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property. 17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, thereby waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. If Purchaser defaults under this Agreement, Seller shall have the remedy of specific performance as its sole and exclusive remedy. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement may not be recorded 3/7/6 Page 4