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99 111459 Commerce valid fee simple title to the Property, free from encumbrances except as provided in paragraph 3 above . Seller shall pay the cost of revenue stamps and First Commerce shall pay the cost of recording the deed. 11 . ��enses and Broker' s Fees . Each party agrees to bear its own legal and other costs and expenses incurred or to be incurred by it in negotiating and preparing and closing this Agreement . Each of the parties represents and warrants that no broker or other person is entitled to any commission or finder' s fee in connection with this transaction. 12 . Survival of Covenants . The representations, warranties, covenants and agreements herein shall survive the date oi closing. 13 . Default by Seller. If Seller is unable to convey title at the date of closing, First Commerce shall have the right to either accept such title as Seller can convey or rescind this Agreement and all monies paid by First Commerce shall be returned. If Seller is able but refuses to convey title at the date of closing, First Commerce may sue for specific performance of this Agreement . 14 . First Commerce ' s DefaL?lt . If First Commerce shall default under this Agreement, Seller shall have the option of suing for specific performance or of terminating this Agreement . If Seller elects to terminate this Agreement, Seller may at its option retain any sums previously paid by First Commerce as liquidated damages and, in such event, neither party shall have any further obligation to the other or Seller may sue First Commerce for other damages for breach of this Agreement . 15 . Seller' s Covenants . The Seller represents and covenants that no work, labor, services or materials have been furnished or performed to or at the Property that will not be paid in full at or prior to closing, and that there are no violations of law or municipal ordinances affecting the Property. Until Seller vacates the Property, Seller will maint�in the lawn, will remove any snow from sidewalks and driveways, and will maintain the heating, central air conditioning, water heater, sewer, plumbing, electrical systems and any built-in appliances in working condition. Seller shall execute the standard seller' s affidavit required by the title company at closing. 16 . Com�lete Contract . This Agreement constitutes the entire understandings of the parties, and any prior representations are merged herein. 17 . Time of the Essence . Time shall be of the essence in complying with the terms, conditions and covenants of this Agreement . 18 . Notices . Any notice required to be given 3