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(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails <br /> to do so , County may use a portion of Purchase Price funds to satisfy the encumbrances . <br /> (d ) If the Seller is a non-resident alien or foreign entity, Seller shall deliverto the County <br /> an affidavit , in a form acceptable to the County, certifying that the Seller and any interest <br /> holders are not subject to tax under the Foreign Investment and Real Property Tax Act of <br /> 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 Taxes . All taxes and special assessments which are a lien upon the property on or <br /> prior to the Closing Date (except current taxes which are not yet due and payable ) <br /> shall be paid by the Seller. <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 <br /> obtained by 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 for the owner's marketability title insurance <br /> commitment and 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 <br /> Permitted Exceptions , and to satisfy or release of record all existing mortgages , liens or <br /> encumbrances upon the Property. <br /> 8 . Miscellaneous . <br /> 8 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance <br /> with the laws of the State of Florida . Venue shall be in Indian River County for all state <br /> court matters , and 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 or <br /> condemned for any public or quasi-public use or purpose , or if any acquisition or <br /> condemnation proceedings shall be threatened or begun prior to the Closing of this <br /> transaction , County shall have the option to either terminate this Agreement, and the <br /> - 3 - <br />