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ORIGINAL <br /> 741 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller <br /> pursuant to this Agreement . <br /> 7 . 1 . 2 Documentary Stamps required to be affixed to the warranty deed . <br /> 7 . 1 . 3 All costs and premiums for the owner' s marketability title insurance commitment and <br /> policy , if any . <br /> 7 . 2 Seller shall pay the following expenses at or prior to Closing : <br /> 7 . 2 . 1 All costs necessary to cure title defect( s ) or encumbrances , other than the Permitted <br /> Exceptions , and to satisfy or release of record all existing mortgages , liens or encumbrances <br /> upon the Property . <br /> 8 . Miscellaneous . <br /> 8 . 1 Controlling Law . This Agreement shall be construed and enforced in accordance with the <br /> laws of the State of Florida . Venue shall be in Indian River County for all state court matters , and <br /> in the Southern District of Florida for all federal court matters . <br /> 8 . 2 Condemnation . In the event that all or any part of the Property shall be acquired <br />or <br /> condemned for any public or quasi - public use or purpose , or if any acquisition or condemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction , County shall <br /> have the option to either terminate this Agreement , and the obligations of all parties hereunder <br /> shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and <br /> warranties of this Agreement , to the Closing of the transaction contemplated hereby and receive <br /> title to the Property ; receiving , however , any and all damages , awards or other compensation <br /> arising from or attributable to such acquisition or condemnation proceedings . County shall have <br /> the right to participate in any such proceedings . <br /> 8 . 3 Entire Agreement . This Agreement constitutes the entire agreement between the parties <br /> with respect to this transaction and supersedes all prior agreements , written or oral , between the <br /> Seller and the County relating to the subject matter hereof. Any modification or amendment to <br /> this Agreement shall be effective only if in writing and executed by each of the parties . <br /> 8 . 4 Assignment and Binding Effect . Neither County nor Seller may assign its rights and <br /> obligations under this Agreement without the prior written consent of the other party . The terms <br /> hereof shall be binding upon and shall inure to the benefit of the parties hereto and their <br /> successors and assigns . <br /> 4 <br />