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County's encroachment on the Property depicted' in Exhibit GB" . The Effective Date of <br /> this Agreement shall; be the date upon which the County shall have approved the <br /> execution of this Agreement, by the Indian River County Board of County <br /> Commissioners at a formal meeting of such Board . <br /> 3 . Title to the Property. Mr. Free shall convey marketable title to the Property Quit <br /> Claim deed free of claims , liens, easements and encumbrances of record or known to <br /> Mrs Free; but subject to property taxes for the year of Closing and subject. to covenants , <br /> restrictions and public utility easements of record provided (a) there exists at Closing no <br /> violation of any of the foregoing; and (b) none of the foregoing prevents County's <br /> intended use and development of the Property. <br /> 4 .0 County may order an Ownership and Encumbrance Report with respect to the <br /> Property. County shall, within thirty (30) days from receipt of the Ownership and <br /> Encumbrance Report, deliver written notice to . Mr. Free of title defects. Title shall: be <br /> deemed acceptable to County if County fails to deliver notice of defects within the time <br /> specified . County shall have thirty (30) days from the end of the Curative Period to <br /> elect,, by written notice to Mr. Free , to : (i) terminate this Agreement, whereupon it shall <br /> be of no further force and effect, or (ii) extend the Curative Period for up to an additional <br /> 90 days ; or (iii). accept title subject to existing defects and proceed to <br /> closing , <br /> 5 . Representations of the Mr. Free. <br /> 5 .1 Mr. Free is indefeasibly seized of marketable, fee simple title to the <br /> Property, and is the sole owner of and has good right; title and authority to <br /> convey and transfer the Property, which is the subject matter of this Agreement, <br /> free and clear of all liens and encumbrances . <br /> 5 .2 From and after the Effective Date of this Agreement, Mr. Free shall take <br /> no action which would impair or otherwise affect title to any portion of the <br /> Property, and shall record no documents in the Public Records which would <br /> affect title to the Property, without the prior written consent of the County . <br /> 5:3 There are no existing or pending special assessments affecting the <br /> Property, which are or may be assessed by any . governmental authority, water or <br /> sewer authority , school district, drainage district or any other special taxing. <br /> district. <br /> 6. Default., <br /> 6 . 1 In the event the Mr. Free shall fail to perform any of its obligations <br /> hereunder, the County shall be entitled to: (i) terminate this Agreement by written <br /> notice delivered to the Mr. Free at or prior to the Closing Date, and pursue all <br /> remedies available hereunder and under applicable law; (ii), obtain specific. <br /> 2 <br />