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holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the Buyer shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 7.3 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 8. Personal Property. 8.1 The Seller shall have removed all of its personal property, equipment and trash from the Properties. The Seller shall deliver possession of the Properties to Buyer vacant and in the same or better condition that existed at the Effective Date hereof. Normal wear and tear shall be tolerated relative to the condition of the Property at closing. 9. Closing Costs: Expenses. Buyer shall be responsible for preparation of all Closing documents. 9.1 Buyer shall pay the following expenses at Closing: 9.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 9.1.2 Documentary Stamps required to be affixed to the warranty deed. 9.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 9.2 Seller shall pay the following expenses at or prior to Closing: 9.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Properties. 10. Miscellaneous. 10.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for actions to enforce this agreement only. 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the Buyer relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of