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to a grand total of $2,500.00 (Two Thousand and Five Hundred, 00/100 Dollars). This amount is reasonable attorney's fees which are to be paid by the County. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Should title defects exist within the time specified the County and Seller may reconvene to discuss the defects in title, and resolution shall be memorialized in writing and shall be deemed an amendment of this Agreement signed by both parties. Should these discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller the County may agree to accept title subject to existing defects and proceed to closing. Should the discussions not result in a resolution within fifteen (15) days from the date of notice to the Seller and the County does not agree to accept title subject to existing defects the Seller or the County may by written notice to the other party terminate this. Agreement, whereupon shall be of no further force and effect. Upon agreement of both parties the Curative Period may be extended for up to an additional 90 days. 4. Representations of the Seller. 4.1 Seller represents to the parties to have marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 2