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(v) The cost of the location service or survey, including surveying and preparing the <br />legal description; <br />(vi) The cost of any special tax search; <br />(vii) The cost of any Owner's Policy of Title Insurance if Buyer elects to have the <br />same; <br />(viii) The costs incident to filing the deed and any mortgage(s) placed upon the <br />property; <br />(ix) The costs incident to the obtaining of financing, if any; and <br />(x) The escrow fee. <br />B. Seiler. Seller shall be charged with the following costs, to be deducted by the <br />escrow agent prior to transfer of title: <br />(i) The costs of satisfying any taxes, assessments, liens or encumbrances <br />required to be discharged by this Agreement. <br />C. Other Charges. Taxes and assessments, both general and special, shall be prorated by <br />the escrow agent as of the date of transfer based on the last available tax duplicate. <br />12. TIME IS OF THE ESSENCE. Time is of the essence of this contract. If Buyer shall default <br />in the performance of any of the obligations imposed on Buyer by this Agreement, the Seller, by written <br />notice to Buyer, (a) may elect to terminate said agreement, or (b) may pursue any and all of its legal or <br />equitable remedies. If Seller shall default in the performance of any of the obligations imposed on Seller <br />by this Agreement, the Buyer may elect (a) to terminate this Agreement by written notice thereof to Seller, <br />or (b) to pursue any legal or equitable remedy. If the Buyer or Seller elect to terminate pursuant to this <br />paragraph, the escrow agent and/or the Seller shall deliver any funds or documents placed with them, as <br />provided hereunder, and both parties shall be released from any further obligations and liability except as <br />provided above. <br />13. NOTICES. Service of all demands, notices or other papers with respect to such termination <br />and retention of payments, or otherwise, may be made by registered mail at the following address: <br />Joseph W. Diemert, Jr., Director of Law, 1360 S.O.M. Center Road, Cleveland, Ohio 44124, or at <br />such other address as Buyer will indicate in writing to Seller. <br />14. STATE LAW. This Purchase Agreement shall be interpreted and governed in accordance <br />with the laws of the State of Ohio. <br />15. AMENDMENTS. This Purchase Agreement shall not be modified or amended except by <br />4