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marketable title to the Right- of-Way Property , free andJproy <br /> liens and encumbrances <br /> and in the condition required by paragraph . <br /> UJ <br /> ( b ) The Seller shall have removed all of its personand equipment from the <br /> Right- of-Way Property and Seller shall deliver possesRight- of-Way Property to <br /> County vacant and in the same or better condition thahe Effective Date hereof. <br /> ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails <br /> to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . <br /> (d ) The Seller shall execute and deliver to the County a perpetual , non -exclusive <br /> drainage easement oveJa ar d across the property described and depicted in Exhibit <br /> " B " , free and clear of sf and encumbrances and in the condition required by <br /> paragraph . <br /> ( e ) The Seller shallto and deliver to the County a temporary construction <br /> easement over , upon ass the property described and depicted in Exhibit " C " . The <br /> Temporary Construction Easent shall become effective upon the closing date and shall <br /> expire after five years . <br /> (f) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County <br /> an affidavit , in a form acceptable to the County , certifying that the Seller and any interest <br /> holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 1980 . <br /> ( g ) 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 /> 9 . Taxes . All taxes and special assessments which are a lien upon the property on or <br /> prior to the Closing Date ( except current taxes which are not yet due and payable ) shall be <br /> paid by the Seller . <br /> 10 . Closing Costs ; Expenses . County shall be responsible for preparation of all Closing <br /> documents . <br /> 10 . 1 County shall pay the following expenses at Closing : <br /> 10 . 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by <br /> Seller pursuant to this Agreement . <br /> 10 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . <br /> 10 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and <br /> policy , if any . <br /> 51: <br /> H/ <br />