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(b) A customary affidavit that there are no unsatisfied judgments of record, no actions <br />pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed <br />against City, and no labor or materials have been furnished to the City Land for which <br />payment has not been made, and that to the best of City's knowledge there are no <br />unrecorded interests relating to the City Parcel. <br />(c) Such other documents required under Section 12. <br />(d) Such other documents as may be reasonably required by the Title Company. <br />9. PRORATIONS. The City and Copart agree to the following prorations and <br />allocation of costs regarding this Agreement: <br />(a) Title Commitment. Each parry will be responsible for the costs associated with <br />obtaining a title commitment and title policy, if desired, for the parcel that the parry is <br />acquiring. <br />(b) Deed Tax. Each party shall be responsible for payment of the deed tax for the <br />property that the party is conveying. <br />(c) Real Estate Taxes and Special Assessments. <br />(i) City Parcel. General real estate taxes payable in the years prior to the year of <br />closing and installments of special assessments will be paid by the City. General <br />real estate taxes payable in the year of closing, if any, shall be pro rated by the City <br />and Copart as of the Closing Date on a per diem basis based upon a calendar year. <br />The City shall pay on or before the Closing Date all pending special assessments <br />that are due prior to the Closing. The City shall pay at Closing any deferred real <br />estate taxes or special assessments payment of which is required as a result of the <br />closing of this Agreement. Copart shall pay real estate taxes due and payable in <br />the year following closing and thereafter. <br />(ii) Copart Parcel. General real estate taxes payable in the years prior to the year <br />of closing and installments of special will be paid by Copart. General real estate <br />taxes payable in the year of closing, if any, shall be pro rated on land value only by <br />Copart and the City as of the Closing Date on a per diem basis based upon a <br />calendar year. Copart shall pay on or before the Closing Date all pending special <br />assessments that are due prior to the Closing. Copart shall pay at Closing any <br />deferred real estate taxes or special assessments payment of which is required as a <br />result of the closing of this Agreement. The City shall pay real estate taxes due <br />and payable in the year following closing and thereafter. <br />(d) Recording Costs. Each parry will pay the cost of recording all documents <br />necessary to place record title to the property the party is conveying in the condition <br />215118v12 5 <br />