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7. PRORATIONS. The City and the Buyer agree to the following prorations and allocation <br /> of costs regarding this Agreement: <br /> 7.1. Title Insurance and Closing Fees. The Buyer shall pay the cost of the Title <br /> Commitment (as defined in Section 8.3). The Buyer shall pay the cost of the title <br /> insurance premium, any additional premiums for endorsements, and the state deed <br /> tax. The parties shall share equally any reasonable and customary closing fee and <br /> charges imposed by the title company. <br /> 7.2. Real Estate Taxes and Special Assessments. The City shall pay, on or before the <br /> Closing Date, all levied special assessments, constituting a lien against the Property <br /> as of the effective date, including, without limitation, any installments of special <br /> assessments that are payable with general real estate taxes in the year in which <br /> Closing occurs. Any general real estate taxes payable in all years prior to the year in <br /> which the Closing occurs shall be paid by the City. Any general real estate taxes <br /> payable in the year in which Closing occurs shall be the responsibility of the Buyer. <br /> 7.3. Recording Costs. The City shall pay the cost of recording all documents necessary <br /> to vest marketable title in the Buyer and to cure title objections, if any. The Buyer <br /> shall pay the cost of recording all other documents, including,but not limited to, the <br /> quit claim deed. <br /> 7.4. Attorneys' Fees. Each of the parties shall pay its own attorneys' fees. <br /> 8. TITLE EXAMINATION. Title Examination shall be conducted as follows: <br /> 8.1. City's Title Evidence. Within 10 days of the Effective Date, the City shall furnish <br /> the following(collectively,"Title Evidence")to the Buyer: <br /> 8.1.1. Certificate of Title. A current Certificate of Title for the Property. <br /> 8.1.2. Survey. A copy of any existing land survey of the Property in the City's <br /> possession or control. The Buyer, at the Buyer's option, also may obtain, at <br /> the Buyer's expense, a new survey of the Property. Any new survey shall be <br /> certified and delivered to the City as well as the Buyer and any other parties <br /> that the Buyer may designate. <br /> 8.2. Title Commitment. The Buyer may order, within seven (7) days of receiving the <br /> Title Evidence, in Buyer's sole discretion and at the Buyer's expense, a commitment <br /> (the "Title Commitment") issued by any title insurance company acceptable to <br /> Buyer("Title Company"), for an owner's title insurance policy in the full amount of <br /> the Purchase Price, showing fee simple title to the Property in City subject only to <br /> Buyer's permitted encumbrances, deleting standard exceptions and including <br /> affirmative insurance endorsements relating to zoning, contiguity, access, <br /> appurtenant easements and other matters as may be identified by Buyer. <br /> 455958v10 SJS EL185-31 5 <br />