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<br />to perform this Contract, the Buyer may seek specific performance <br />or elect to receive the return of Buyer's deposit (s) without <br />thereby waiving any action for damages resulting from Sellers <br />breach. <br /> <br />15. SURVEY: Buyer, at Buyers expense, within time allowed to <br />deliver evidence of title and to examine same, may have the Real <br />Property surveyed and certified by a registered Florida surveyor. <br />If the survey discloses encroachments on the Real Property or that <br />improvements located thereon encroach on setback lines, easements, <br />lands of others or violate any restrictions, Contract covenants or <br />applicable governmental regulation, the same shall constitute a <br />title defect. <br /> <br />16. EXPENSES: Buyer shall pay all of the closing costs for this <br />transaction. Each party shall pay their own attorney fees. <br /> <br />17. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, <br />insurance and other expenses of the Property shall be prorated <br />through the day before closing. Buyer shall have the option of <br />taking over existing policies of insurance, if assumable, in which <br />event premiums shall be prorated. Cash at closing shall be <br />increased or decreased as may be required by prorations to be made <br />through day prior to closing or occupancy if occupancy occurs <br />before closing. Advance rent and security deposits will be <br />credited to Buyer. Escrow deposits held by mortgagee will be <br />credited to Seller. Taxes shall be prorated based on the current <br />year's tax with due allowance made for maximum allowable discount, <br />homestead and other exemptions. If closing occurs at a date when <br />the current years millage is not fixed and current year's <br />assessment is available, taxes will be prorated based upon such <br />assessment and prior year's millage. If current year's assessment <br />is not available, then taxes will be prorated on prior year's tax. <br />If there are completed improvements on the Real Property by January <br />lst of year of closing, which improvements were not in existence on <br />January lst of prior year, then taxes shall be prorated based upon <br />prior year's millage and at an equitable assessment to be agreed <br />upon between the parties; failing which, request shall be made to <br />the County Property Appraiser for an informal assessment taking <br />into account available exemptions. A tax proration based on an <br />estimate shall, at request of either party, be readjusted upon <br />receipt of tax bill on condition that a statement to that effect is <br />signed at closing. <br /> <br />18. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified <br />special assessment liens as of date of closing (not as of Effective <br />Date) are to be paid by Seller. Pending liens as of date of closing <br />shall be assumed by Buyer. If the improvements have been <br />substantially completed as of Effective Date, any pending lien <br /> <br />Page 4 <br />