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( d ) If the Seller is a non - resident alien or foreign entity , Seller shall deliver to the County an <br /> affidavit , in a form acceptable to the County , certifying that the Seller and any interest holders <br /> are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980 . <br /> (e ) The Seller and the County shall each deliver to the other such other documents or <br /> instruments as may reasonably be required to Close this transaction . <br /> 6 . 2 Prorations . All taxes and special assessments that are a lien upon the property on or <br /> prior to the Closing Date ( except current taxes which are not yet due and payable ) shall be paid <br /> by the Seller. If the Closing Date occurs during the time interval commencing on November 2 <br /> and ending on December 31 , Seller shall pay all current real estate taxes and special <br /> assessments levied against the Property , prorated based on the "due date " of such taxes <br /> established by the taxing authority having jurisdiction over the Property . If the Closing Date <br /> occurs between January 1 and November 1 , the Seller shall , in accordance with Florida Statutes <br /> section 196 . 295 , pay an amount equal to the current real estate taxes and assessments , <br /> prorated to the Closing Date . Prorations are not applicable in this Agreement . <br /> 7 . Closing Costs : Expenses . County shall be responsible for preparation of all Closing <br /> documents . <br /> 7 . 1 County shall pay the following expenses at Closing : <br /> 7 , 1 . 1 The cost of recording the warranty deed and any release or satisfaction obtained by <br /> Seller 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 forthe owner's marketability title insurance commitment and <br /> policy or the cost of an Owner and Encumbrance Report , 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 <br /> Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Property . <br /> 7 . 3 The Seller and County shall each pay their own attorneys ' fees . <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 , <br /> and in the Southern District of Florida for all federal court matters . <br /> 3 <br /> 5/20/2004F :\Engineering\RonC\Word Docs\Eckerd Drugs CR 5 t 0 Agreement.doc <br />