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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />covenants, restrictions and public utility easements of record provided (a) there exists at <br />Closing no violation of any of the foregoing; and (b) none of the foregoing prevents <br />County's intended use and development of the Property. <br />4. 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 Van Antwerp of title defects. Title shall be <br />deemed acceptable to County if (a) County fails to deliver notice of defects within the time <br />specified, or (b) County delivers notice and Van Antwerp cures the defects within thirty <br />(30) days from receipt of notice from County of title defects ("Curative Period"). Van <br />Antwerp shall use best efforts to cure the defects within the Curative Period and if the title <br />defects are not cured within the Curative Period, County shall have thirty (30) days from <br />the end of the Curative Period to elect, by written notice to Van Antwerp, to: (i) terminate <br />this Agreement, whereupon it shall be of no further force and effect, or (ii) extend the <br />Curative Period for up to an additional 90 days; or (iii) accept title subject to existing <br />defects and proceed to closing. <br />5. Representations of Van Antwerp. <br />5.1 Van Antwerp 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 convey <br />and transfer the Property, which is the subject matter of this Agreement, free and <br />clear of all liens and encumbrances, except for the lease held by Countryside <br />Citrus. <br />5.2 From and after the Effective Date of this Agreement, Van Antwerp shall take <br />no action which would impair or otherwise affect title to any portion of the Property, <br />and shall record no documents in the Public Records which would affect title to the <br />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 district. <br />6. Default. <br />6.1 In the event the Van Antwerp 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 Van Antwerp at or prior to the Closing Date, and pursue all <br />remedies available hereunder and under applicable law; (ii) obtain specific <br />performance of the terms and conditions hereof; or (iii) waive Van Antwerp's <br />default and proceed to Closing. <br />6.2 In the event of a default by the County, the Van Antwerp shall be entitled, <br />as its sole remedy hereunder, to terminate this Agreement. Van Antwerp shall <br />have no claim for specific performance, damages or otherwise against the County. <br />2 <br />