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FILE No. 860 09i18 '97 16�52 ID:TOLD DEIIELOPME�T 612 420 7574 PAGE 7 documents required by this Agreement c�r by 4he Title Insurance Company to issue a policy in the form described in Section 3. 6.2 At Closing, Buyer shall pay co Seller the balance of the Purchase Pricc pursuant to Section 2. The followring adjusements shall be made at Closin�: 6.2.1 Seller shall pay all delinguent re�l estate taxes, including penalcies and ineerest due and payable, and all agricultural use eax recoupment for y�ars khrough the year of closing, if any, and �ll special assessments due, pending or levied. Seller shall pay or credit on the purchase price, all real esfate laxes Levied or assessed for years pr.ior [o the closing, and a portion of such taxes levied or assessed in the year of closing, prorated chrough the date of closing. Proration of undetermined taxes shall be based on a 365-day year dnd on �he mosc recent available tax rate and valuation giving effect ta applicAble exemptions, recently voted mil]age, change in valuation, etc., ofificials as of that date, and the amounes sa compuked shall be adjusted r�vithin thirty (30) days after the actual tax amounts arc available in the year of closing, and, if the valuation should be contcsted, readjusted between the parCies upon final determinati.on of the actual year of closing �axes. 6.2.2 Bu�er shall pay the prcmium for auyer's title insurance policy inc:luding all required endorsements. Buyer shall receive a credi.t f.o� thc cast of thc Survey. Buyer and Seller shall aach pay for one-half of any closing fees. 6.2.3 Seller shall pay for any deed stamp tax or transfer tax due with respect to the v�rarrant.y deed. Buyer shall pay all recording fees. 7. �.GHTQF,�J,y7'AY: INDEMl�7T'Y�. During the tcrm hcrcof, �uyer, its agcnts and employees shall hav� the ri�ht to enter upon the Property for the purposes described in Sections 3 and 4 hercof and for any oth�r r�asonable purpc�s�. Buyer agrees t� indemnify and hold Seller hArmless Eram and against any claim, loss or expense, including reasonable attorneys' fees, to the extent such are caused by Buyer pursuant to this Section 7. 8. ��.�A�Y�: TERMTNATION. If either party shall default in any of ics respective obligations under chis Agreement, the other party may, by written notice to such defaulting party specifying t�e nature of the dcfault and the date on which this Agreement. shali terminate (which daLe shall be not less than twcnty (20) days after the giving of such notice), �erminace Chis Agreemen� and up�n such date, unless thc default so specified shall have been cured, this Agreemen� shall terminate. If this Agreemen� is terminated by Seller for Buyer's de�ault, the earnes� money shall be forfeited to and r�tained by Seller as agreed final liquidated damages and shall become the sole and exclusi�e property of Seller. If this Agreement is terminaced by Buyer for Seller's default or as otherwise provided in this Agreement, such earnest money shall thcreupon be re[urned to Buyer and Buyer tih�ll havc the right to seek all remedies a�ailable al law or in equity including without (imitation, specific performance. Seller agrees that Buy�r is entiklcd to specific performances c�f the Agreement_ If any liti�ation ar other legal accion results from a breACh �f this Agreement, the losing or defaulting par�y shal� pay the prevailing or non-defaulcing party an amount equal to the �