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(9) Amendment of Declaration. The Amendment of Declaration as required <br />in paragraph 3e herein. <br />(10) Other Documents. All other documents required by the Title Company <br />or Buyer which are reasonably necessary to transfer the Property to Buyer <br />under this Agreement and record the Deed and other closing documents. <br />b. Buyer's Closing Documents. On the Closing Date, Buyer will execute and <br />deliver to Seller the following ("Buyer's Closing Documents"): <br />(1) Closing Payment. The Closing Payment. <br />(2) Title Documents. Such affidavits of Buyer, Certificates of Value or other <br />documents as maybe reasonably required by the Title Company to record <br />the Seller's Closing Documents and issue the Title Policy. <br />5. Prorations. Seller and Buyer agree to the following prorations and allocation of <br />costs regarding this Agreement: <br />a. Title Insurance and Closing Fee. Seller will pay all costs of the Title Evidence, <br />and any fees charged by the Title Company for any escrow required regarding <br />Buyer's Objections. Buyer will pay all premiums required for the issuance of a <br />Owner's Title Policy. Seller and Buyer will each pay one-half (1/z) of any <br />reasonable and customary closing fee or charge imposed by the Title Company. <br />b. Deed Tax. Seller will pay all state deed tax regarding the Warranty Deed or any <br />deed to be delivered by Seller under this Agreement. <br />c. Real Estate Taxes and Special Assessments. Except as provided herein, Seller <br />shall pay on the Closing Date all special assessments levied, and constituting a <br />lien against the Property as of the Closing Date. Seller and Buyer will prorate <br />general real estate taxes in the year of closing as of the Closing Date based upon a <br />calendar year. Seller will pay all deferred real estate taxes or special assessments <br />which may become payable as a result of the sale contemplated by this <br />Agreement. Buyer will pay or assume any special assessments that may become <br />levied or pending after the Closing Date. Buyer will pay all real estate taxes on <br />the Property due and payable after the year of Closing. <br />d. Recordang Costs. Seller will pay the cost of recording all documents necessary <br />to place record title in the condition warranted and requested of Seller in this <br />Agreement. Buyer will pay the cost of recording all other documents. <br />e. Attorneys' Fees. Each of the parties will pay its own attorneys' fees, except that <br />a party defaulting under this Agreement or any closing document will pay the <br />reasonable attorneys' fees and court costs incurred by the non-defaulting parry to <br />enforce its rights regarding such default. <br />GP:2945285 v4 4 <br />