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<br /> - , <br /> . <br /> 4.3 ALLOCATION AND TRANSFER OF FUNDS AT CLOSING. <br /> (a) Buyer shall pay Seller, in addition to the $40,000 in Earnest Money, <br /> $118,800 at the closing of Parcel A; $128,700 at the closing of Parcel B; and $117,300 at <br /> the closing of Parcel C. If the closing of either Parcels A or B takes place prior to the <br /> dates referred to in Section 4.1, the Purchase Price for the parcel to be closed shall be <br /> reduced to reflect any interest savings that would result, calculated at 796 per annum. <br /> (b) All special assessments against the parcel to be closed shall be paid by <br /> Seller at such closing. <br /> (c) All real estate taxes payable with respect to the parcel to be closed <br /> shall be paid by Seller if such closing takes place as scheduled under Section 4.1 or shall <br /> be prorated between the parties if closing is held prior to the scheduled date. <br /> (d) Seller shall pay all customary abstract examination charges relating to <br /> the Commitment and Buyer shall pay any premiums in connection with any title <br /> insurance policy issued at the request of Buyer. <br /> (el Seller shall pay any deed taxes due in connection with the conveyances <br /> referred to herein. <br /> . 5. DEFAULT AND REMEDIES. <br /> 5.1 EARNEST MONEY DEPOSIT. Seller shall be entitled to retain all Earnest <br /> Money paid by Buyer if Buyer fails to close on the purchase of any of the parcels of the <br /> Land. <br /> 5.2 SPECIFIC PERFORMANCE. Each party shall each have the right to apply <br /> for and receive from any court of competent jurisdiction equitable relief by way of <br /> specific performance to enforce performance of this Agreement, plus reimbursement for <br /> costs, including reasonable attorneys' fees, incurred in enforcing this Agreement provided <br /> that an action to enforce such specific performance shall be commenced within six <br /> months after such right of action shall arise. Such right shall not constitute an election <br /> of remedies and shall be in addition to any other right, action or remedy any party hereto <br /> has Seller have or may have at law. Each party shall also be entitled to pursue any <br /> available remedies for damages in the event of any default hereunder. <br /> 6. GENERAL PROVISIONS. <br /> 6.1 CONDEMNATION. In the event that, prior to Closing, all or any material <br /> portion of the Land shall have been affected by a condemnation or taking by eminent <br /> domain, or shall be the subject of any condemnation proceeding which shall have been <br /> commenced, Seller shall give Buyer immediate wrItten notice thereof and Buyer shall <br /> have the option, exercisable upon written notice to Seller within 30 days after written <br /> notice by Seller to Buyer of such taking, to complete the transaction contemplated <br /> . hereby and to exclude the property taken, with an appropriate reduction in the purchase <br /> Price that is mutually agreeable to the parties, or to include the property taken with no <br /> reduction in the Purchase Price, but together with the right to receive the proceeds of <br /> any condemnation award which shall have been or shall be made in connection with such <br /> condemnation or taking. <br /> 4. '4~ <br />