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(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do <br /> so , County may use a portion of Purchase Price funds to satisfy the encumbrances . <br /> (d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an <br /> affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders <br /> are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . <br /> (e) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to close this transaction . <br /> 6 . 2 Taxes . All taxes and special assessments which are a lien upon the property on or prior <br /> to the Closing Date (except current taxes which are not yet due and payable ) shall be <br /> paid by the Seller prior to the Closing Date . <br /> 7 , Closing Costs : Expenses . County shall be responsible for preparation of all Closing <br /> documents . <br /> 7 . 1 County shall pay the following expenses at Closing : <br /> 7 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by <br /> Seller pursuant to this Agreement . <br /> 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . <br /> 7 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and <br /> policy , if any . <br /> 7 . 2 Seller shall pay the following expenses at or prior to Closing : <br /> 7 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the <br /> Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Property . <br /> 8 , Miscellaneous . <br /> 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida . Venue shall be in Indian River County for all state court matters , <br /> and in the Southern District of Florida for all federal court matters . <br /> 8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or <br /> condemned for any public or quasi- public use or purpose , or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction , County shall <br /> have the option to either terminate this Agreement , and the obligations of all parties hereunder <br /> shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and <br /> warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive <br /> FAEngineering\Robert Webb\74th ave 12th to 4thUBeaty Purchase Contract092408 . doc . 3 - <br />