2005-239c - Laserfiche WebLink

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(d ) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction . 7 .2 Prorations. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. If the Closing Date occurs during the time interval commencing on November 2 and ending on December 31 , Seller shall pay all current real estate taxes and special assessments levied against the Property , prorated based on the "due date" of such taxes established by the taxing authority having jurisdiction over the Property. If the Closing Date occurs between January 1 and November 1 , the Seller shall, in accordance with Florida Statutes section 196.295, pay an amount equal to the current real estate taxes and assessments, prorated to the Closing Date. 8 . Closing Costs: Expenses . County shall be responsible for preparation of all Closing documents. 8 . 1 County shall pay the following expenses at Closing : 8 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8 . 1 .2 Documentary Stamps required to be affixed to the warranty deed . 8 . 1 . 3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any . 8 . 2 Seller shall pay the following expenses at or prior to Closing : 8 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property . 8 . 3 The Seller and County shall each pay their own attorneys' fees. 9 . Miscellaneous. Seller has the option to utilize the provisions of Section 1031 of the IRS Code regarding tax free exchange, at no expense to the County . 9. 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida . Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters . 9 .2 Condemnation . In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation 3