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<br /> <br />7. PRORATIONS. <br />The City and the Buyer agree to the following prorations and allocation <br />of costs regarding this Agreement: <br /> <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 /> <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 /> <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 /> <br />7.4. Attorneys’ Fees. Each of the parties shall pay its own attorneys’ fees. <br /> <br />8. TITLE EXAMINATION. <br /> Title Examination shall be conducted as follows: <br /> <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 /> <br />8.1.1. Certificate of Title. A current Certificate of Title for the Property. <br /> <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 /> <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 /> <br />5 <br />455958v10 SJS EL185-31 <br />