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12 -27 -2000 10:46AM FROM SWEENEY LAW FIRM 22q289 <br />such Objections within sixty (60) days after such escrow is established, Buyer <br />may then cure such Objections and charge the costs of such cure (including <br />reasonable attorney's fees) against the escrowed amount. If such escrow is <br />established, the parties agree to execute and deliver such documents as may be <br />reasonably required by Title, and Owner agrees to pay the charges necessary to <br />create and administer the escrow; or <br />(iii) To waive the Objections and proceed to close. <br />8. Specific Performance. Owner andxBuyer shall have the right to enforce this <br />Agreement by the action of specific performance provided the Agreement has not been <br />terminated as provided herein, and provided that any Such action for a specific performance is <br />commenced within six (6) months after the date such right of action shall arise. <br />9. Taxes and Assessments. Real estate taxes on the Property payable in the year of <br />closing and the instalhnents'of special assessments payable therewith shall be prorated between <br />Owner and Buyer as of the Date of Closing. All other expenses and income, if any, from the <br />Property shall be prorated as of the Date of Closing. Buyer will be responsible for the payment <br />of all unpaid special assessments and <br />pending assessments. on the Property. <br />10. Damage or Destruction, If, prior'to the Date of Closing, the Property or any part <br />} <br />thereof is damaged or destroyed by. fire or any other cause, Buyer shall have the right, at its <br />disviction, le.leuuiealc this Agseeurout by giving writlbu notification thereof to Owner within ten <br />(10) days after Buyer receives actual Imowledge of such damage or destruction. In the event of <br />such termination neither party shall have any further right or claims against the other. If no such <br />notice is given to Owner within the 10-day period, Buyer shall be deemed to have elected to . <br />proceed with the closing of the transaction.. If Buyer elects.to proceed despite any such damage <br />. or destruction, there ghnll be no reduction in or abatement of the purchase price, and Owner shall <br />assign to Buyer all of Owner's right, title and•interest in and to all insurance proceeds paid and to <br />Page 48 <br />P. 6 <br />