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LISTING CONTRACT <br />(EXCLUSIVE RIGHT TO.SELL) <br />Date: November 13, 2009 <br />In consideration of services to be performed by HALLMARK REAL ESTATE <br />(Broker /Company, hereinafter referred to as "Broker") for HOUSING DEVELOPMENT CORPORATION BOARD <br />• ( "Seller"), <br />Seller appoints Broker as Seller's broker with irrevocable and exclusive right to sell, exchange, option, or lease the real property <br />known as A Ile« S4- - in Bon try =- Township, <br />S oc k County, SOUTH BEND Indiana _eJ66 z <br />(AD code) legally described as: <br />(the "Property "). <br />This contract begins on A/,o v, —and expires at 11:59 P.M. M 4,Y 30 .'p 0! o <br />subject to the following terms and conditions: <br />00 <br />List Price: $ 7,000 Possession: )b-0-C, <br />Seller represents that Seller is not delinquent on any loans which could constitute a lien on the Property and the total loans affecting the <br />Property do not exceed the list price and costs of sale. Also, Seller has the capacity to convey the Property by a general Warranty Deed or by <br />Terms of Sale: The Property may be sold for cash or any of the following methods indicated below: <br />X_ Conventional Mortgage Conditional Sales Contract <br />X Insured Conventional Mortgage x FHA <br />Assumption of Existing Mortgage Balance x VA <br />X_ Other CASH <br />Seller agrees to pay costs associated with financing not to exceed <br />Property Offered for Sale: The above list price includes the Property and all improvements and fixtures permanently installed and <br />affixed thereto, except <br />Items of Personal Property included in the sale: <br />(A) EXCLUSIVE LISTING. The parties understand and agree that this is an exclusive right to sell, option, exchange or lease <br />listing, and Broker shall be entitled to the commission hereinafter established which shall be payable upon the ocxurrenoe of any of the <br />following events: <br />(1) at the time the Property is sold, optioned, exchanged or leased by any person, including the Seller, to any person <br />during the term of this contract or any renewal or extension thereof, <br />(2) at the time Seller, Broker, or any other real estate licensee secures a buyer or lessee ready, willing and able tc <br />purchase, option, exchange or lease the Property for such price and terms as specified, or such other price or terms <br />as Seller may accept, <br />(3) at the time an agreement is entered into to sell, exchange, option or lease during the term of this contract or any <br />renewal or extension thereof, and ultimately completed after the termination of this contract, <br />(4) the Property is sold, optioned, leased, or exchanged by Seller or any other person within 180 days <br />after termination of this Listing Contract to any person procured in whole or in part by the efforts of Broker, any <br />cooperating broker, or Seller, provided, however, this extension clause shall not apply if this Exclusive Listing <br />Contract terminates and the Property is listed exclusively with another licensed broker, or <br />(5) at the time of default by Seller to any valid, fully executed, written agreement to sell, option, exchange, or lease the <br />Property. <br />Any commission required to be paid under items (1), (3) and (4) above shall be due and payable at the dosing of the transaction <br />when title to or any interest in the Property is transferred to a buyer or lessee. Any commission required to be paid under items <br />(2) and (5) above shall be due and payable upon demand by Broker. In the event that commission is not paid when due, then <br />Broker shall be entitled to interest at the rate of '*114 % per annum until commission is paid. <br />If the Seller and a Buyer sign a Purchase Agreement, Option to Purchase Real Estate, Lease or the closing of the sale of the Property will not <br />take place until after the term of this contract, then this contract shall automatically be extended to coincide with the dosing date or term of the <br />lease. <br />(Property Address) <br />Page 1 of 4 (Listing Contract) <br />Imark Real Estate, Inc. 922 E. Jefferson, South Bend IN 46601 Phone (574) 232 -3600 Fax. (219) 239 -3557 HOUSING DEVELO <br />