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7. CLOSING: <br /> <br />All parties agree to execute any and all documents and papers necessary in <br />connection with closing and transfer of title on or before December 30, 1998, <br />unless extended by written agreement of the parties. Said closing date may be <br />extended if necessary governmental agencies delay, through not fault of <br />Buyer, approvals of preliminary plat approvals, agreements to provide <br />water/sewer services to the Property, or other necessary governmental actions <br />outside the control of Buyer. <br /> <br />b) <br /> <br />Seller shall pay for the preparation of a deed and for any transfer charges, <br />stamps or taxes required by law. Buyer shall pay for recording the deed and <br />for preparation and recording of all other instruments. Both parties shall bear <br />their own legal and professional expenses. <br /> <br />8. TITLE: <br /> <br />a) <br /> <br />Tkle must be delivered at closing by special warranty deed subject to utility <br />easements that do not materially affect the value of the Property and such <br />other encumbrances as may be assumed or specifically approved by Buyer. <br /> <br />b) To the knowledge of the Seller there are no special assessments, either <br /> pending or confirmed, for sidewalks, paving, water, sewer, or other <br /> improvements on or adjoining the Property. <br /> <br />9. EARNEST MONEY; REMEDIES; FAILURE OF CONDITIONS: <br /> <br />In the event this offer is accepted and Buyer breaches this contract prior to the <br />closing on the Property, then the earnest money shall be forfeited, but such <br />forfeiture shall not limit any other remedy available to the Seller for such <br />Breach. <br /> <br />In the event of the failure of any condition hereunder or any breach by Seller, <br />Buyer shall have the right to terminate this contract upon written notice to the <br />Seller. Upon such temdnation all earnest money will be promptly refunded to <br />Buyer, but such return shall not affect any other remedy available to the <br />Buyer. <br /> <br />I 0. ASSIGNMENT: Buyer may assign this contract with the express written <br />permission o f Seller. <br /> <br />11. SURVIVAL: If any provision hei:ein contained which by its nature and effect is <br />required to be observed, kept or performed after the closing, it shall survive the closing <br />and remain binding upon and for the benefit of the parties hereto until observed, kept or <br />perfoi-i~ied. <br /> <br /> <br />