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to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with no <br /> reduction in the Total Purchase Price, or (b) terminate this Agreement, thereupon releasing Purchaser and <br /> Seller from all further obligations under this Agreement. <br /> 8 . INTEREST CONVEYED . At closing, Seller shall execute and deliver to Purchaser a statutory <br /> warranty deed in accordance with Section 689 . 02 , Florida Statutes, conveying marketable title to the EL <br /> Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases , tenancies and <br /> other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do <br /> not impair the marketability of the title to the EL Property, nor its management for the purposes of the <br /> County environmentally sensitive lands acquisition program. The grantee in Seller's Warranty Deed shall <br /> be Indian River County, a political subdivision of the State of Florida. County shall take title to the <br /> Property "as-is, where is with all faults" as of the time of recording of the warranty deed to County, except <br /> for the representations and warranties of Sellers set forth in this Agreement, the warranty deed, and in the <br /> closing documents. <br /> 9 . PREPARATION OF CLOSING DOCUMENTS . Upon execution of this Agreement, Seller shall <br /> submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure <br /> statement as required by Sections 286. 23 , and 380 . 08 (2), Florida Statutes, as set forth in Addendum A of <br /> this Agreement. Seller or his title agent shall prepare the deed described in paragraph 8 of this Agreement; <br /> Seller's and Purchaser' s closing statement; the title, possession and lien affidavit certified to Purchaser and <br /> title insurer in accordance with Section 627 . 7842, Florida Statutes;; and, an environmental affidavit in the <br /> form attached hereto entitled "Environmental Affidavit. " All prepared documents shall be submitted to the <br /> County for review and approval at least 30 days prior to the Option Expiration Date . <br /> 10 . PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to <br /> be provided by Seller under this Agreement within 15 days after receipt by Purchaser of all of the required <br /> items. Seller will have 15 days thereafter to cure and resubmit any rejected item to Purchaser. <br /> 11 , EXPENSES . Seller will pay the documentary revenue stamp tax and all other taxes or costs <br /> associated with the conveyance, including the cost of recording the deed described in paragraph 8 of this <br /> Agreement and any other recordable instruments which Purchaser deems necessary to assure good and <br /> marketable title to the EL Property. <br /> 12 . TAXES AND ASSESSMENTS . All real estate taxes and assessments which are or which may <br /> become a lien against the EL Property shall be satisfied of record by Seller at closing. In the event the <br /> Local Government acquires fee title to the EL Property between January 1 and November 1 , Seller shall, in <br /> accordance with Section 196 .295 , Florida Statutes, place in escrow with the county tax collector an amount <br /> equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage <br /> rates on the EL Property. In the event the Local Government acquires fee title to the EL Property on or <br /> after November 1 , Seller shall pay to the county tax collector an amount equal to the taxes that are <br /> determined to be legally due and payable by the county tax collector. <br /> 13 . CLOSING PLACE AND DATE. The closing shall be on or before 30 days after the option is <br /> exercised unless extended as set forth in this Agreement. The date, time and place of closing shall be set <br /> by County, after consultation with Seller. The parties agree that a closing as early as reasonably possible is <br /> the intention of Seller and Purchaser. If the closing is not completed on or before August 5 , 2005 , Seller <br /> may terminate this Agreement by the giving or notice to Purchaser. <br /> 02 / 21 / 05 <br /> Page 3 <br />