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special assessments payable in all years prior to the <br />year of Closing will be paid by Seller. General real <br />estate taxes payable in the year of Closing shall be <br />prorated by Seller and Buyer as of the Closing Date <br />based upon a calendar year. Seller shall pay all <br />deferred real estate taxes or special assessments which <br />may become payable as a result of the sale contemplated <br />hereby. If the amount of such general real estate <br />taxes and installments of special assessments payable <br />therewith cannot be determined on the Closing Date, <br />Seller will deposit with the Title Company, from the <br />Purchase Price, an amount equal to 110% of the most <br />current estimate of such taxes and special assessment <br />installments, assuming for estimating purposes that the <br />Real Property will be fully assessed. Such deposit <br />will be held in escrow and all interest earnings on <br />such deposit will be paid to Seller. The Title Company <br />will retain such deposit to pay Seller's share of the <br />actual general real estate taxes payable in year of <br />Closing and installments of special assessments <br />including interest payable therewith, paying any excess <br />over to Seller. Seller will pay any deficiency, when <br />such general real estate taxes and installments of <br />special assessments including interest payable <br />therewith are known. <br />(d) Recording Costs. Seller will pay the costs of <br />recording all documents necessary to place record title <br />in the condition warranted in this Agreement. Buyer <br />will pay the cost of recording all other documents. <br />(e) Other Costs. All other operating costs of the <br />Property, will be allocated between Seller and Buyer as <br />of the Closing Date, so that Seller pays that part of <br />such other operating costs payable before the Closing <br />Date, and Buyer pays that part of such operating costs <br />payable from and after the Closing Date. <br />(f) Attorney's Fees. Each of the parties will pay its own <br />attorneys fees, except that a party defaulting under <br />this Agreement or any closing document will pay the <br />reasonable attorney's fees and court costs incurred by <br />the nondefaulting party to enforce its rights regarding <br />7 <br />