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(C) The following items shall be prorated between Seller and Purchaser as of <br />midnight of the day prior to Closing and shall be reflected on the Closing Statement <br />1. All real estate taxes and assessments which are or which may become a <br />lien against the Property shall be satisfied of record by Seller at closing. if the Purchaser <br />acquires fee title to the Property between January 1 and November 1, Seller shall, in <br />accordance with Section 196.295, Florida Statutes, place in escrow with the Miami -Dade <br />Tax Collector's Office, an amount equal to the current taxes prorated to the date of <br />transfer, based upon the current assessment and millage rates on the Property. In the <br />event the Purchaser acquires fee title to the Property on or after November 1, Seller shall <br />pay to the county tax collector an amount equal to the taxes that are determined to be <br />legally due and payable by the Miami -Dade Tax Collector's Office, <br />2. Utility charges, if any, and any other operating or maintenance expenses <br />associated with the operation and upkeep of the Property. <br />10. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all risk <br />of loss or damage to the Property prior to the date of Closing and warrants that the <br />Property shall be transferred and conveyed to Purchaser in the same or essentially the <br />same condition as of the date of Seller's execution of this Agreement, ordinary wear and <br />tear excepted, and Seller shall prevent and refrain from any use of the Property for any <br />purpose or in any manner that would diminish its market or conservation value. Seller will <br />maintain the landscaping and grounds in a comparable condition and will not engage in <br />or permit any activity that would materially alter the Property. The Seller shall not transfer <br />or encumber any interest in the Property prior to Closing. If the condition of the Property <br />is altered by an act of God or other natural force beyond the control of Seller, however, <br />Purchaser may elect, at its sole option, to terminate this Agreement, have any deposit <br />returned, and neither Party shall have any further obligations under this Agreement. <br />Subject to anything disclosed by the Survey, Seller represents and warrants that there <br />are no parties other than Seller in occupancy or possession of any part of the Property. <br />Seller warrants that there are no facts known to Seller materially affecting the value of the <br />Property that are not readily observable by Purchaser or that have not been disclosed to <br />Purchaser. <br />11. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the <br />date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable <br />notice, shall have the right to enter the Property for all lawful purposes in connection with <br />this Agreement. Seller shall deliver possession of the Property to Purchaser at Closing. <br />12. DEFAULT. <br />(A) If Seller defaults under this Agreement, Purchaser may waive the default <br />and proceed to Closing, seek specific performance, or refuse to close and elect to receive <br />the return of any deposit money paid, each without waiving any action for damages, or <br />any other remedy permitted by law or in equity resulting from Seller's default. <br />' <br />Purchasery71- Seller 7 <br />335 <br />