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DRAFT <br /> <br /> <br />5 <br />425582v2 SJR MU210-213 <br />causes of action, damages, losses, or costs (including reasonable attorney's fees) <br />relating to contamination or hazardous substances in the subsoil or groundwater of <br />the Property or other adjacent properties which arise from or are caused by acts or <br />occurrences upon the Property prior to Buyer taking possession of the same. <br /> <br />10. REAL ESTATE TAXES. <br /> <br />A. Seller will pay at or prior to closing all real estate taxes due and payable in 2012 <br />and prior years on the Property. <br /> <br />B. Buyer and Seller shall prorate to date of closing the real estate taxes due and <br />payable in the year of closing on the Property. <br /> <br /> C. If this conveyance constitutes a split in a legal description or tax parcel, Buyer’s <br />pro-rate share of taxes due in the year of closing shall be based on the date of <br />closing and on the percentage of the tax parcel acquired by Buyer. <br /> <br />11. SPECIAL ASSESSMENTS. <br /> <br />A. Seller shall pay at or prior to closing the balance of all special assessments levied <br />prior to closing, including assessments certified for payment with real estate taxes <br />payable in 2013. <br /> <br />B. Seller shall provide at closing for the payment of all special assessments pending <br />as of the date of this Agreement by escrowing an amount equal to one and one- <br />half times the estimated amount of said special assessments. <br /> <br />C. Seller shall pay any deferred real estate taxes or special assessments, payment of <br />which is required as a result of the closing of this sale. <br /> <br />D. As of the date of this Agreement, Seller has not received a notice of hearing for a <br />new public improvement project from any governmental assessing authority, the <br />costs of which project may be assessed against the Property. If a notice of <br />pending special assessment is issued after the date of this Purchase Agreement <br />and on or before the date of closing, Buyer shall assume payment of all of any <br />such special assessments, and Seller shall provide for payment on date of closing <br />of none of any such special assessments. <br /> <br />E. Notwithstanding any other provision of this Agreement, Seller shall at all times be <br />responsible to pay special assessments, if any, for delinquent sewer or water bills, <br />removal of diseased trees prior to the date of this Agreement, snow removal, or <br />other current services provided to the Property by the assessing authority while <br />the Seller is in possession of the Property.