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affidavit, in a form acceptable to Buyer, certifying that Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) Seller and Buyer shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 8.2 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 Seller. 9. Personal Property. Seller shall deliver possession of the Property to Buyer in the same or better condition that existed at the Effective Date hereof. 10. Closing Costs; Expenses. 10.1 Buyer shall be responsible for preparation of all Closing documents. 10.2 Buyer shall pay the following expenses at Closing: 10.2.1 The cost of recording the special warranty deed and any release 6r satisfaction obtained by Seller pursuant to this Agreement. 10.2.2 Documentary Stamps required to be affixed to the special warranty deed. 10.2.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 10.3 Seller shall pay the following expenses at or prior to Closing: 10.3.1 All costs necessary to cure title defect(s), if Seller elects to cure same, or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 11. Miscellaneous. 11.1 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 all state court matters, and in the Southern District of Florida for all federal court matters. 11.2 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 the parties. 6