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(b) Seller shall be responsible for payment of costs of curing any Title Defects, any <br />documentary stamp and surtaxes due on the Deed and the recording costs in connection with any <br />curative instruments relating to same. <br /> <br />(c) Each patty shall be responsible for payment of its own legal fees. <br /> <br />10. Prorations. <br /> <br />The real estate taxes for the year in which the transaction is closed shall be prorated as of the <br /> <br />Closing Date and the pro rata amount thereof shall be credited against the Cash Balance. The proration <br /> <br />shall be based upon the previous year's taxes, if the current year's assessment is not available. Seller <br /> <br />shall pay all assessments and liens for public improvements against the Property, if any, which are as of <br /> <br />the Effective Date certified liens. Buyers shall assume and pay all assessments and liens, if any, for <br /> <br />public improvements which become certified subsequent to the Effective Date. Either party may request <br /> <br />and shall be entitle to reproration of taxes when the actual amount for the year of Closing is levied. <br /> <br />II. Title and Survev. (a) Within thirty (30) days of the Effective Date (hereinafter defined), Buyers <br /> <br />shall obtain the following: (i) a title report issued by a title insurance company acceptable to Buyers <br /> <br />("Title Company") enabling a title agent selected by Buyers to issue an AL T A Form B title insurance <br /> <br />commitment ("Commitment") covering the Realty, whereby the Title Company agrees to issue an <br /> <br />AL T A Form B owner's policy of title insurance ("Title Policy") in the amount of the Purchase Price at <br /> <br />Closing, subject only to the matters ("Acceptable Exceptions") which do not adversely affect <br /> <br />marketability (as determined by the standards adopted by the Florida Bar) of title to the Property or <br /> <br />affect the ability of Buyers to facilitate the development of the Project, and (ii) hard copies of all <br /> <br />exceptions to title set forth in the Commitment (collectively, the "Title Evidence"). Buyers may select <br /> <br />their own title agent. <br /> <br />(b) Buyers shall have the right, at their option and at their sole cost and expense, to <br /> <br />obtain an up to date survey of the Property (certified to a date after the Effective Date) prepared in <br /> <br /> <br />6 of 17 ('; .' ',' n. \ tIr, <br />'-.J J i) r:JY rfJO r <br />