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5. TAXES. Seller shall pay all delinquent taxes, including penalties and interest, and all other <br />real estate taxes which are a lien on the closing date, prorated to that date and computed, if <br />undetermined, on the basis of the last certified tax rate and valuation. Seller shall also pay all <br />assessments pro-rated to the date of closing which exists on the property as of the date of closing. Buyer <br />agrees to pay before delinquency all taxes and assessments that may thereafter become due on said <br />premises. <br />6. MARKETABLE TITLE. Seller shall convey to Buyer marketable title at the close of escrow, <br />free of all encumbrances, covenants, and restrictions except for such utility easements and rights of way <br />of record. Seller shall release dower, if any, in the property. <br />7. ESCROW PROCEDURE. All documents and funds and/or financial commitments for funds <br />necessary to complete this transaction shall be placed in escrow with Surety Title ("Escrow AgenY') <br />Cleveland, Ohio in sufficient time to permit transfer of title on the date set forth for closing. This <br />Agreement shall be considered by the escrow agent as escrow instructions, but shall be subject to the <br />escrow agenYs standard conditions of escrow acceptance where not inconsistent herewith, and which <br />conditions of escrow shall be made a part hereof and incorporated herein by reference. <br />8. TITLE TRANSFER- CLOSING. Title will transfer to Buyer by the recording of the deed on <br />or about 60 days from the date of the execution of this agreement, unless the parties otherwise agree to a <br />mutually satisfactory date in writing. <br />9. TITLE GUARANTY. Evidence of a Title Guaranty shall be in the amount of the purchase <br />price of the property or the tax value of the property, whichever is greater, and is to be furnished to the <br />parties by Escrow Agent within thirty (30) days prior to closing for examination by Buyer. Seller shall be <br />given written notice within five (5) days after receipt of such report by Buyer of any defect in title requiring <br />correction, and shall undertake to make such corrections immediately. Seller shall not be liable for any <br />damages by reason of any defect in title which cannot be corrected, but if such defect is not remedied <br />prior to closing, either party may terminate this contract on notice and any deposit shall be refunded to <br />Buyer, releasing both parties from further obligations and liability hereunder. <br />10. PRORATIONS, CHARGES. AND CREDITS. <br />A. Buyer. Buyer shall be charged with the following costs, to be deducted by the escrow <br />agent prior to transfer of title: <br />2