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<br />. <br /> <br />. <br /> <br />. <br /> <br />~ <br /> <br />(a) Title Insurance and ClosinR Fee. Sellers will pay all costs of <br />abstracting and evidence of title. The Buyer shall undertake and <br />pay all other expenses incidental to closing. <br /> <br />(b) Real Estate Taxes. Real estate taxes due and payable in the year <br />of Closing shall be prorated to the date of Closing. Sellers shall <br />pay all delinquent taxes and penalties and interest thereon on <br />or before Closing. Buye~ agrees to assume all real estate taxes <br />following the year of Closing. <br /> <br />(c) Special Assessments. <br /> <br />i. Sellers shall pay all special assessments or similar <br />governmental impositions, pending, levied or deferred against <br />the Property to be purchased as of the date of closing. <br /> <br />ii. Buyer shall be responsible for all special assessments or <br />similar governmental impositions levied against the Property <br />from and after the date of closing and special assessments <br />or similar governmental impositions caused or created by <br />Buyer's development of the Property. <br /> <br />(d) RecordinR Costs. Sellers will pay the cost of recording all <br />documents necessary to place record title in the condition warranted <br />and required in this Agreement, including state deed tax. Buver <br />will pay the cost of recording all other documents. <br /> <br />14. Condemnation. If, prior to the date of Closing, eminent domain <br />proceedings are commenced against all or any part of the Property, Sellers <br />shall immediately give notice to Buyer of such fact and Buyer may, at its <br />sole option (to be exercised within thirty (30) days after Sellers' notice) <br />(1) terminate this Agreement, in which event neither party will have any <br />further obligations under this Agreement and the earnest money, together with <br />any accrued interest, shall be refunded to Buyer, or (ii) close the transaction <br />upon the terms and conditions contained herein and Sellers shall assign to <br />Buyer all of its right, title and interest in and to any award made or to <br />be made in the condemnation proceedings. <br /> <br />15. Assignment. Neither party may assign their rights under this <br />Agreement without the prior written consent of the other. <br /> <br />16. Survival. All of the terms of this Agreement will survive and <br />be enforceable after the Closing, except those waived by Buyer expressly. <br /> <br />17. Notices. Any notice required or permitted to be given by any party <br />upon the other shall be deemed given upon personal delivery to the other party, <br />or upon deposit in United States mail, registered or certified, return receipt <br />requested, postage prepaid, or upon deposit, fees paid, with a nationally <br />recognized, reputable overnight courier, properly addressed as follows: <br /> <br />-11- <br />