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4 . 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 Property , and shall <br /> record no documents in the Public Records which would affect title to the Property , <br /> without the prior written consent of the County . <br /> 4 . 3 There are no existing or pending special assessments affecting the Property , <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 . Default . <br /> 5 . 1 In the event the County shall fail to perform any of its obligations hereunder , the <br /> Seller shall , at its sole option , be entitled to : ( i ) terminate this Agreement by written <br /> notice delivered to the County at or prior to the Closing Date and thereupon neither the <br /> Seller nor any other person or party shall have any claim for specific performance , <br /> damages , or otherwise against the County ; or ( ii ) waive the County' s default and <br /> 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 : ( i ) terminate this Agreement by written <br /> notice delivered to the Seller at or prior to the Closing Date and thereupon neither the <br /> County nor any other person or party shall have any claim for specific performance , <br /> damages or otherwise against the Seller ; or ( ii ) obtain specific performance of the terms <br /> and conditions hereof; or ( 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 45 days following the Board of County Commissioner' s approval <br /> of this agreement . The parties agree that the Closing shall be as follows : <br /> ( a ) The Seller 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 . <br /> ( b ) The Seller shall have removed all of its personal property and equipment from <br /> the Property and Seller shall deliver possession of the Property to County vacant and in <br /> the same or better condition that existed at the termination of the lease agreement <br /> contemplated in Paragraph 9 of this agreement hereof. <br /> ( c) If Seller is obligated to discharge any encumbrances at or prior to Closing and <br /> fails to do so , County may use a portion of Purchase Price funds to satisfy the <br /> encumbrances . <br /> 3 <br />