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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 proceedings shall be threatened or begun prior to the Closing of this transaction , County shall have the option to either terminate this Agreement , and the obligations of all parties hereunder 3