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(d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an <br />affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders <br />are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. <br />(e) 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 />6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior <br />to the Closing Date (except current taxes which are not yet due and payable) shall be <br />paid by the Seller. <br />7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing <br />documents. <br />7.1 County shall pay the following expenses at Closing: <br />7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by <br />Seller pursuant to this Agreement. <br />7.1.2 Documentary Stamps required to be affixed to the warranty deed. <br />7.1.3 All costs and premiums for the owner's marketability title insurance commitment and <br />policy, if any. <br />7.2 Seller shall pay the following expenses at or prior to Closing: <br />7.2.1 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 />8. Miscellaneous. <br />8.1 Controlling 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 />8.2 Condemnation. In the event that all or any part of the Property shall be acquired or <br />condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation <br />proceedings shall be threatened or begun prior to the Closing of this transaction, County shall <br />have the option to either terminate this Agreement, and the obligations of all parties hereunder <br />shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and <br />warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive <br />title to the Property; receiving, however, any and all damages, awards or other compensation <br />arising from or attributable to such acquisition or condemnation proceedings. County shall have <br />the right to participate in any such proceedings. <br />-3- <br />