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3. Golden Eagle hereby agree to convey to the County by Warranty Deed the North 30 feet <br />of Lot 52, and the South 15.28 feet of Lot 51, of Espy's Subdivision, Plat Book 2, Page <br />36, Public Records of Indian River County, said parcels of property depicted on the <br />sketch and legal descriptions attached and incorporated by reference to this Agreement as <br />Exhibits B and C. <br />4. Each party shall convey marketable title to their respective parcels by County or warranty <br />deed free of claims, liens, easements, encumbrances and property taxes prorated for the <br />year of closing. <br />5. If Golden Eagle is required to obtain a partial release of mortgage on the property they <br />convey to the County, the County will agree that the partial release may be held in <br />escrow until the closing of this exchange. <br />6. Golden Eagle shall remove any of their personal property from the property conveyed to <br />the County prior to the date of Closing. <br />7. Each Party shall be responsible for preparation of its own Closing documents and each <br />party shall hold any deed in escrow until the Closing Date. <br />8. The County shall pay the following expenses at Closing: The cost of recording the <br />warranty deed from Golden Eagle and the cost to record the County Deed to Golden <br />Eagle. <br />9. Golden Eagle shall pay the following expenses at or prior to Closing: <br />a. Any and all taxes prorated to the Closing date. <br />b. All costs necessary to cure title defect(s) or encumbrances, other than the <br />permitted exceptions, and <br />c. All costs to satisfy or release of record all existing mortgages, liens or <br />encumbrances upon the Property conveyed to the County. <br />10. In the event a dispute arises over this agreement, Golden Eagle and the County shall each <br />pay their own attorneys' fees and costs. <br />11. This Agreement with its attachments constitutes the entire agreement between the parties <br />with respect to this transaction and supersedes all prior agreements, written or oral. <br />IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date <br />first set forth above. <br />INDIAN RIVER COUNTY BOARD <br />OF COUNTY COMMISSIONERS <br />FAAttomey\Susan\Public WorksTroperty Swap\golden Eagle <br />