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are the sole owners of and have good right , title , and authority to convey and transfer the <br /> Property which is the subject matter of this Agreement , free and clear of all liens and <br /> encumbrances . <br /> 4 . 2 From and after the Effective Date of this Agreement , Sellers shall take no action <br /> which would impair or otherwise affect title to any portion of the Property, and shall record <br /> no documents in the Public Records which would affect title to the Property, without the <br /> prior written consent of the County. <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which <br /> are or may be assessed by any governmental authority, water or sewer authority, school <br /> district, drainage district or any other special taxing district. <br /> 5 . Default. <br /> 5 . 1 In the event the County shall fail to perform any of its obligations hereunder, the <br /> Sellers shall , at their sole option , be entitled to : <br /> (i) terminate this Agreement by written notice delivered to the County at or prior to the <br /> Closing Date and thereupon neither the Sellers nor any other person or party shall <br /> have any claim for specific performance , damages , or otherwise against the County; <br /> or <br /> (ii) waive the County's default and proceed to Closing . <br /> 5 . 2 In the event the Seller shall fail to perform any of its obligations hereunder, the <br /> County shall , at its sole option , be entitled to : <br /> (i) terminate this Agreement by written notice delivered to the Seller at or prior to the <br /> Closing Date and thereupon neither the County nor any other person or party shall <br /> have any claim for specific performance , damages or otherwise against the Seller; <br /> or <br /> (ii) obtain specific performance of the terms and conditions hereof; or <br /> (iii) waive the Seller' s default and proceed to Closing . <br /> 6 . Closing . <br /> 6 . 1 The closing of the transaction contemplated herein ("Closing " and "Closing Date ") <br /> shall take place within 30 days following the approval of this Agreement by the Board of <br /> County Commissioners . The parties agree that the Closing shall be as follows : <br /> (a) The Sellers shall execute and deliver to the County a warranty deed conveying <br /> marketable title to the Property, free and clear of all liens and encumbrances and in the <br /> condition required by paragraph 3 . The warranty deed shall note that the property was <br /> acquired under threat of eminent domain . <br /> (b) After the expiration of the Lease by the Sellers from the County, the Sellers shall <br /> have removed all of their personal property and equipment from the Property and Sellers <br /> shall deliver possession of the Property to County vacant and in the same or better <br /> 3 <br />