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76 <br />(g) Representations_l_Warranties. All representations and <br />warranties contained in this Agreement are true and correct as <br />of the date of execution of this Agreement and will be true as <br />of the Closing Date and shall survive Closing and execution of <br />the Deed and shall not be merged therein. <br />4. SETTLEMENT CHARGES: <br />(a) Seller shall pay for the preparation of a deed, for <br />the preparation and recording of all documents necessary to <br />convey marketable fee simple title free of liens and <br />encumbrances, and 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 <br />property of Sellers for the entire year of the closing. Seller <br />shall pay all deferred taxes and any tax penalties including <br />late listing penalties. <br />(d) Buyer shall pay for the entire cost of the survey of <br />the Property and all other c~.osing costs other than those <br />associated with environmental cleanup, if necessary, as provided <br />in paragraph 3(f). <br />5. CONDITIONS• <br />(a) Buyer's obligation to purchase the Property as <br />provided in this Offer to Purchase and Contract is at all times <br />8 <br />