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13 . CLOSING PLACE AND DAT The closing shall be on or before 15 days after Purchaser exercises
<br /> the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey,
<br /> environmental site assessment, or any other documents required to be provided or completed and executed by
<br /> Seller, the closing shall occur either on the original closing date or within 60 days after receipt
<br /> of
<br /> documentation curing the defects, whichever is later, The date, time and place of closing shall be set by
<br /> Purchaser.
<br /> 14. RISK OF LOSS AND CONDITION OF FAL PROPERTY, Seller assumes all risk of loss or
<br /> damage to the Property prior to the date of closing and warrants that the Property shall be transferred and
<br /> conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's
<br /> execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the
<br /> Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at
<br /> its sole option, to terminate this Agreement and neither party shall have any further obligations under this
<br /> Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or
<br /> possession of any part of the Property. Seller agrees to cleanup and remove all abandoned personal property,
<br /> refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction ofLocal Government prior
<br /> to the exercise of the option by Purchaser.
<br /> 15, RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this
<br /> Agreement Is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter
<br /> the Property for all lawRiTpurposes in connection with this Agreement. Seller shall deliver possession of the
<br /> Property to the Local Government at closing,
<br /> 16. ACCESS , Seller warrants that there is legal ingress and egress for the Property over public roads or
<br /> valid, recorded easements that benefit the Property.
<br /> 17. DEFAULT. If Seller defaults under this Agreement; Purchaser may waive the default and proceed to
<br /> closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each
<br /> without waiving any action for damages, or any other remedy permitted by law or in equity resulting from
<br /> Seller's default, In connection with any dispute arising out of this Agreement, including without limitation
<br /> litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs,
<br /> 18A, BROKERS, Seller warrants that no persons, firms, corporations or other entities are entitled to areal
<br /> estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately
<br /> disclosed on the disclosure statement required in paragraph 9, and as disclosed in Paragraph 18B . Seller shall
<br /> indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed.
<br /> 18B. BROKERS FULL DISCLOSURE Richard Rubin, is President of Synergy Solutions for Florida, LLC
<br /> and is a Licensed Real Estate Broker, Synergy Solutions has an executed agreement with the City of
<br /> Fellsmere, Florida, to provide a scope of services that includes representing the City as a real estate broker,
<br /> grant writer for FCT grants, provide financial strategy services and providing reporting and implementation
<br /> services. Agreement stipulates that brokerage commission is to be paid by the seller.
<br /> 19. RECORDING, This Agreement, or notice of it, may be recorded by Purchaser in the appropriate
<br /> county or counties,
<br /> January 16 , 2009 Page 5
<br /> 07-030 - FF7
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