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acquires fee title to the Property between January 1 and November 1, Sellers 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, Sellers <br />shall pay to the county tax collector an amount equal to the taxes that are determined to <br />be -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 Sellers assume all risk <br />of loss or damage to the Property priortothe date of Closing and warrant that the Property <br />shall be transferred and conveyed to Purchaser in the same or essentially the same <br />condition as of the date of Sellers' execution of this Agreement, ordinary wear and tear <br />excepted, and Sellers 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. Sellers <br />will maintain the landscaping and grounds in a comparable condition and will not engage <br />in or permit any activity that would materially alter the Property. The Sellers shall not <br />transfer or encumber any interest in the Property prior to Closing. If the condition of the <br />Property is altered by an act of God or other natural force beyond the control of Sellers, <br />however, Purchaser may elect, at its sole option, to terminate this Agreement and neither <br />Party shall have any further obligations under this Agreement. Subject to anything <br />disclosed by the Survey, Sellers represent and warrant that there are no parties other <br />than Sellers in occupancy or possession of any part of the Property. Sellers warrant that <br />there are no facts known to Sellers materially affecting the value of the Property that are <br />not readily observable by Purchaser or that have not been disclosed to Purchaser. <br />11. 'RIGHTTO ENTER PROPERTY AND POSSESSION. Sellers agree that'from the <br />date this Agreement is executed by Sellers, 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. Sellers shall deliver possession of the Property to Purchaser at Closing. <br />12. DEFAULT. <br />(A) 'if Sellers default 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 Sellers' default. <br />(B) In the event the Purchaser should fail to consummate the transaction <br />contemplated herein -for any'reason except for (i) any permissible' reasons setforth herein <br />or (ii) reasonable extension of the Closing Date not to exceed thirty (30) days, or (iii) <br />Sellers' default, Sellers may demand the Escrow Agent to pay any deposit, such sum <br />being agreed upon as liquidated damages for the failure of Purchaser to perform the <br />duties, liabilities and obligations imposed upon it by the terms and provisions of this <br />7 <br />Purchaser Sellers `) � <br />353 <br />