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Property, and (v) testifying that there are no actions or proceedings now pending in any state or <br />federal court to which Seller is a party inchiding, but not limited to, proceedings. in bankruptcy, <br />receivership or insolvency, which would affect the Property, the title to the Property or Seller's ability <br />to close on the sale ofthe Property to Buyer except as disclosed in the Title Commihnent. Seller shall <br />also furnish such other evidence, affidavits or information required by the Title Insurance Company so <br />that the Title Insurance Company will be able to eliminate all standard exceptions from the Title <br />Commitment at Closing, except for taxes for the year of Closing which are not yet due or payable. <br />4.5. Place of Closing. Closing shall be held at the offices of the Seller or such other <br />location as is mutually agreed upon by Buyer and Seller. <br />4.6. I9ocuments for Closing. Buyer's attorney shall prepare the Deed, Seller's affidavit, <br />closing statement, and any corrective instruments that may be required in connection with perfecting <br />title. <br />4.7. Expenses. State documentary tax for the Deed and the cost of recording all corrective <br />documents needed to complete the transaction shall be borne by Buyer. Buyer shall pay for the title <br />insurance premium, recording the Deed and all fees and expenses arising from or associated with the <br />simultaneous issuance of a lender's title insurance commitment and policy, if any, and any and all <br />endorsements to such policy required by its lender. Additionally, Buyer agrees to pay Seller's <br />attorneys' fees and all expenses related to the plat of the subject property. <br />4.8. Prorations and Escrow Balance. Taxes and other expenses and all revenue of the <br />Property shall be prorated as of the date of Closing. <br />4.9. Proration of Taxes; Real and Personal. Taxes shall be prorated based upon the <br />current year's tax based on the highest discount available at Closing. If the Closing occurs on a date <br />when the current year's taxes are not fixed and the current year's assessment is available, taxes will be <br />prorated based upon such assessment and the prior year's millage. If the ciu•rent year's assessment is <br />not available, then taxes will be prorated based on the prior year's tax; provided, however, ifthere are <br />completed improvements on the Property by January 1 st of the year of Closing, which improvements <br />were not in existence on January 1st of the prior year, then the taxes shall be prorated to the date of <br />Closing based upon the prior year's millage and an equitable assessment to be agreed upon between <br />the parties, failing which request will be made to the county tax assessor for an informal assessment. <br />If the Property is assessed as part of a larger tract of land and a "cut out" is not available from the tax <br />assessor at the time of Closing, the taxes for the Property shall be estimated and prorated based upon <br />the ratio of the size of the Property in relation to the overall tract of which the Property forms a part, <br />taking into consideration matters of zoning as described in the tax assessor's records. Any tax <br />proration based on an estimate may, at the request of either party, be subsequently readjusted upon <br />receipt of the actual tax bill. This provision for reproration shall survive the Closing. <br />4.10. Special Assessment Liens. Special assessment liens which are certified, confirmed <br />and ratified as of the date of Closing are to be paid by Seller. Special assessment liens which are <br />certified, confirmed and ratified but payable in installments post Closing shall be paid in full by Seller <br />