R2013-104 AUTHORIZING REAL ESTATE CONTRACT FOR PROPERTY

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(d) Seller shall deliver to Buyer sole and actual possession of the Property, free and clear of all tenancies and parties in possession. Seller shall terminate all leases and tenancies, if any, affecting the Property as of the closing date. 8. Closing Adjustments. All real estate taxes and special assessments, if any, shall be prorated as of the closing date. The Title Company shall charge to Buyer and pay from the purchase price (a) the cost of all transfer taxes and revenue stamps required by law to be affixed to the deed; (b) the fee charged by the Title Company for closing the sale; (c) the fee for recording the deed; (d) the cost of the survey; and (e) the cost of the title commitment and policy. 9. Condemnation. If any of the Property is taken by eminent domain proceedings before the closing date or if any eminent domain proceedings against the Property are pending on the closing date, then either Seller or Buyer may terminate this Contract by written notice to the other. 10. Default. If the conditions precedent of this Contract are satisfied or waived by Buyer and Seller, and if Seller fails to consummate this Contact for any reason other than the default of Buyer, then Buyer may enforce specific performance or seek other legal remedies. If Buyer shall default in the performance of its obligations under this Contract, then Seller may enforce specific performance or seek other legal remedies. 11. Realtor's Commission. At the closing, Seller shall pay a $25,000 real estate broker's commission to Hurwitz Enterprises, L.L.C. out of the closing proceeds. The parties represent and warrant to the other that no other broker or party brought about this sale, and each party shall indemnify and hold the other harmless from any other commission or liability for any other commission because of this sale arising from any other agreement or action of that party. The parties acknowledge that certain members of 6 �J