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16 occurs shall be paid by Buyer. Real estate taxes due and payable in the year in which Closing occurs, and installments of special assessments payable therewith, shall be pro -rated based upon a calendar year as of the Closing Date. Real estate taxes due and payable in any year subsequent to the year in which Closing occurs, and installments of special assessments payable therewith, shall be the obligation of the Buyer. If Closing occurs before the actual real estate taxes for the year of Closing are known, the apportionment of real estate taxes shall be upon the basis of the real estate taxes for the Property for the immediately preceding year, provided that if the taxes for the current year are determined to be more or less than the real estate taxes for the preceding year, Seller and Buyer shall promptly adjust the proration of real estate taxes and Seller or Buyer, as the case may be, shall pay to the other any amount required as a result of such adjustment. All levied, pending or deferred special assessments against the Property shall be the obligation of Buyer, including, without limitation, all park dedication fees allocable to the Property and special assessments against the Property with respect to the 39°i Street roadway. 8.5. Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will pay the reasonable attorneys' fees and court costs incurred by the non -defaulting party to enforce its rights hereunder. 8.6. Governmental Fees. Any impact or park dedication fees or other governmental fees paid or payable to any governmental authority with respect to Buyer's use of the Property shall be the sole responsibility of Buyer. 9. Title Examination. Title examination will be conducted as follows: 9.1. Seller's Title Evidence. Seller has furnished or caused to be furnished to the Buyer the following (collectively, "Title Evidence"): (a) that certain Third Supplemental Commitment Number 33830 ("Title Commitment") issued on March 31, 2011 by Commercial Partners Title, LLC ("Title Company") for an ALTA Form 2006 Owner's Policy of 'Title Insurance insuring title to the Property in the amount of the Purchase Price ("Title Policy"); and (b) that certain preliminary ALTA survey prepared by RLK Incorporated dated March 1, 2011. 9.2. Buyer's Objections. Buyer has provided that certain letter dated May 19, 2011 (and attached as Exhibit E to this Agreement) (the "Objection Letter") with written objections to the Title Evidence ("Objections"). Notwithstanding the fact that the Objection Letter was not addressed to Seller, the Buyer and Seller agree that such Objections made in the Objection Letter that affect the Property, shall be considered Objections pursuant to this Agreement. Any matter shown on such Title Evidence and not objected to by Buyer and any matters shown on such Title Evidence that Buyer has waived, accepted, or is deemed to have waived or accepted shall be a "Permitted Encumbrance" hereunder. To the extent any new matters appear on any updates to the Title Evidence, Buyer may properly object to