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(g) Representations /Warranties. All representations and <br />warranties contained in this Agreement are true and correct as of <br />the date of execution of this Agreement and will be true as of <br />the Closing Date and shall survive Closing and execution and <br />delivery of the Deed and shall not be merged therein. <br />4. SETTLEMENT CHARGES: <br />(a) Seller shall pay for the preparation of a deed, for the <br />preparation and recording of all documents necessary to convey <br />marketable fee simple title free of liens and encumbrances, and <br />for the excise tax required by law. <br />(b) Buyer shall pay for recording the deed. <br />(c) Ad valorem taxes on the Property, if any, shall be <br />prorated on a calendar year basis to the date of closing. Seller <br />shall pay any Orange County ad valorem taxes on personal property <br />of Seller for the entire year of the closing. Seller shall pay <br />all deferred taxes and any tax penalties including late listing <br />penalties. <br />(d) Buyer shall pay for the survey of the Property and all <br />other closing costs. <br />5. CONDITIONS: <br />(a) If and when water and sewer utilities are extended to <br />the Property, Buyer agrees to grant a non - exclusive easement for <br />the further extension of water and sewer utilities across the <br />Property, generally in the area where indicated on the attached <br />water and sewer easement area map, to the 23.5 -acre lot that is <br />owned by the Seller and located across Old NC 86 from the <br />Property and is further identified as Orange County P.I.N. 9860- <br />1 <br />At <br />