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4.3 There are no existing or pending special assessments affecting the Property, which <br />are or may he .assessed by any governmental authority,_ water or sewer authority, school <br />district,, draihage 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 wrttemnotice <br />delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br />any other person or party shall. have any claim for specitrc performance, damages, or <br />otherwise .against the County; or (ii) waive the.. County's default, and proceed to Closing. . <br />5:2 [n the. event., the Seller shall. fail to pertorn any of its obligations hereunder, the <br />County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice <br />delivered to the Seller:at or prior to the Closing Date and thereupon neither the County nor <br />any other person or party shall have any claim for specific performance; damages or <br />otherwise. against the Seller; or (ii) obtain specific performance.of the terms and conditions <br />hereof, or.(iii) waive the Seller's default and proceed to Closing:. <br />6. Closin : <br />6.1 The closing of the transaction contemplated herein.(°Closing'' and "Closing Date'') <br />shall take place within 45 days following the execution of the contract by the ,Chairman of <br />the Board of County Commissioners. With the written consent of#he. Sellers, the County or <br />its agent shall be responsible for obtaining any partial releases. or satisfactions of <br />encumbrances on the Property. The closing date. shall automatically be extended_ by a <br />period of 30 days if the delay in closing is. attributable to obtaining partial satisfaction and <br />release of mortgages) encumbering the Property so long as the County is acting in good <br />faith. with the holder of the encumbrance to partially :release. or satisfythe encumbrance. <br />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 their personal property and equipment from the <br />Property and Seller shall deliver possession of the Property to County vacant and in the <br />same or better condition that existed at the 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) If the Seller is anon -resident alien or foreign entity, Steller shall deliver to the County <br />an affidavit, in a form acceptable to the County, certifying that the. Seiler and any interest <br />3 <br />