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2010-114
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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 /> 10 . 1 . 4 Engineering costs incurred by Seller of $ 3 , 806 . 40 . The costs shall be paid directly to the <br /> engineering firm . <br /> 10 . 1 . 5 Attorney' s fees of $ 37 , 500 . 00 to Stewart, Evans , Stewart & Emmons , P .A . . <br /> 10 . 1 . 6 Appraisal costs incurred by Seller of $750 . 00 . The costs shall be paid directly to the <br /> appraisal firm . <br /> 10 . 2 Seller shall pay the following expenses at or prior to Closing : <br /> 10 . 2 . 1 All costs necessary to cure title defect(s) or encumbrances , other than the <br /> Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Property. <br /> 11 , Miscellaneous , <br /> 11 . 1 Control ling Law. This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida . Venue shall be in Indian River County for all state court matters , <br /> and in the Southern District of Florida for all federal court matters . <br /> 11 . 2 Entire Agreement . This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements , written or oral , between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to <br /> this Agreement shall be effective only if in writing and executed by each of the parties . <br /> 11 . 3 Assignment and Binding Effect Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party . The terms <br /> hereof shall be binding upon and shall inure to the benefit of the parties hereto and their <br /> successors and assigns . <br /> 11 . 4 Notices . Any notice shall be deemed duly served if personally served or if mailed by <br /> certified mail , return receipt requested , or if sent via "overnight" courier service or facsimile <br /> transmission , as follows : <br /> If to Seller: Tom and Linda Winkel <br /> 665045 th Street <br /> Vero Beach , FL 32967 . <br /> 5 <br />
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