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Commissioners at a formal meeting of the Board . The purchase price was established by <br /> an appraisal of the Properties acres performed by an MAI appraiser who was mutually <br /> agreed upon by the parties . The County shall pay and Seller shall accept the appraised <br /> value of the Right-of-Way Property , Drainage Easement and Temporary Construction <br /> Easement as the Purchase and Sale price of the Properties . The Purchase Price shall be <br /> paid on the Closing Date , The Effective Date of this Agreement shall be the date upon <br /> which the Board of County Commissioners shall have approved the execution of this <br /> Agreement . <br /> 4 . Title . Seller shall convey marketable title to the Right-of-Way Property by warranty <br /> deed free of claims , liens , easements and encumbrances of record or known to Seller ; but <br /> subject to property taxes for the year of Closing and covenants , restrictions and public <br /> utility easements of record provided ( a ) there exists at Closing no violation of any of the <br /> foregoing ; and ( b ) none of the foregoing prevents County' s intended use and development <br /> of the Property (" Permitted Exceptions " ) . <br /> 4 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Properties . County shall within fifteen ( 15 ) days following <br /> the Effective Date of this Agreement deliver written notice to Seller of title defects . Title <br /> shall be deemed acceptable to County if : ( a ) County fails to deliver notice of defects within <br /> the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty <br /> ( 30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . Seller <br /> shall use its best efforts to cure the defects within the Curative Period and if the title <br /> defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from <br /> the end the Curative Period <br /> Seller , to : <br /> ) terminate l <br /> Agreement , whereupon ll be of no further force and effect , or ( ii ) extend the Curative <br /> Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and <br /> proceed to closing . <br /> 5 . Representations of the Seller . <br /> 5 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Properties , and is <br /> the sole owner of and has 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 /> 5 . 2 From and after the Effective Date of this Agreement , Seller shall take no action <br /> which would impair or otherwise affect title to any portion of the Properties , and shall record <br /> no documents in the Public Records which would affect title to the Properties , without the <br /> prior written consent of the County . <br /> 5 . 3 There are no existing or pending special assessments affecting the Properties , <br /> which are or may be assessed by any governmental authority , water or sewer authority , <br /> school district , drainage district or any other special taxing district . <br /> 5 . 4 Upon reasonable notice , the Vista Plantation Golf Course superintendent will be <br /> 3 <br />