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PRORATIONS, CHARGES AND CREDITS. <br />A. Real estate taxes, assessments (general and special), and other items shown on the tax <br />duplicate shall be prorated, and SELLER agrees to assume and pay all currently pending <br />and future real estate taxes and assessments for the property, through the Closing Date. <br />SELLER also agrees to assume and pay all pending and future water and sewer charges for <br />the property, through the Closing Date. <br />B. All other closing costs shall be divided equally between the parties <br />10. DEFAULT• REMEDIES. In the event BUYER fails to comply with or performs as required by this <br />Agreement, resulting in the failure of this Agreement to close as specified in the foregoing Sections, then <br />SELLER shall be entitled to pursue any remedy at law or equity. In the event SELLER fails to comply with <br />or perform as required by this Agreement, resulting in the failure of this Agreement to close as specified in <br />the foregoing Sections, then BUYER shall be entitled to a return of any and all security in this Agreement, <br />and SELLER shall be obligated to pay any actual out of pocket expenses of BUYER in connection with <br />this transaction, but in no event to exceed five thousand dollars ($5,000). <br />it. MISCELLANEOUS. Time is of the essence of this <br />entire agreement between the parties. No other conditions, <br />expressed or implied, have been made or relied upon by Buy <br />and agreements contained in this Agreement shall survive the <br />assigned or transferred by Buyer to any other party without ex <br />bind and benefit both party's hereto and their respective hei <br />permitted assigns. Bu, <br />connection with the sa <br />of "Buyer" shall bejoi <br />12. NOTICES. Al <br />facsimile or electronic <br />follows: <br />To SELLER: City of Lakewood <br />12650 Detroit Avenue <br />Lakewood_ Ohio 44107 <br />Telephone:'(216) 529-7681 <br />Facsimile: (216) 529-5907 <br />Email: mary.leigh@lakewoodoh.net <br />To BUYER: Neighborhood Drummer <br />13369 Madison Avenue <br />Lakewood, Ohio 44107 <br />Attn.: Jim Miketo <br />Telephone:(440)666-5836 <br />Email: jim@cledrummer.com <br />Agreement. This Agreement constitutes the <br />representations, warranties, or agreements, <br />sr or Seller. The representations, warranties, <br />transfer of title. This Agreement may not be <br />)ress consent of Seller. This Agreement shall <br />m, personal representatives, successors, and <br />real estate broker is owed a commission in <br />of more than one individual, the obligations <br />nent shall be communicated in writing, by <br />actual receipt. Notices shall be addressed as <br />SELLER Initials Page 3 of 4 BUYER Initials <br />