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60 (R) BROKER'S COMMISSION. The broker's commission charged by the listing Broker for services rendered, with respect to any
<br />61 listing, is solely a matter of negotiation between Broker and Seller and is not fixed, controlled, suggested recommended or
<br />62 maintained by the Indiana Association of REALTORS®, Inc., the local Board /Association of REALTORS®, the MLS (if
<br />63 applicable) or any person not a party to the contract. Seller has been advised of Broker's cooperative compensation policy.
<br />64
<br />65 Seller shall pay in cash to Broker for services a total commission as follows:
<br />66
<br />67 1 . 7.000 % of the selling /exchange price or option selling price, not less than $ 2 , 000.00
<br />68
<br />69 2. In the event of a purchase option, the Seller agrees to compensate Broker %
<br />70 of the consideration paid for an Option to Purchase.
<br />71 3. In the event of a lease, the Seller agrees to compensate Broker % of
<br />72 all amounts to be paid by a lessee to Seller over the term of the lease.
<br />73 4. Other: N/A
<br />74
<br />75
<br />76 (C) COMMISSION IS LIEN; ATTORNEY FEES. For purposes of this contract, the parties understand and agree that Broker's
<br />77 commission is deemed to be a share of the purchase money received by Seller, and Broker shall have a lien on the funds and
<br />78 a lien upon the Property until the commission is paid. If any action is filed in relation to this Listing Contract, the unsuccessful
<br />79 party shall pay to the successful party a reasonable sum for the successful party's attorney's fees and court costs.
<br />80
<br />81 (D) EARNEST MONEY. Broker is authorized to accept earnest money or any part of the purchase price and hold it in an
<br />82 escrow/trust account. In the event that Seller is to receive any portion of the earnest money, Seller authorizes Broker to keep
<br />83 any earnest money deposits up to the amount the commission would have been if the sale was completed in payment for
<br />84 Broker's expenses, services and advertising.
<br />85
<br />86 (E) MLS INFO (IF APPLICABLE). It is understood that the Broker may rely on the validity of the data pertaining to this Listing
<br />87 Contract which has been provided by the Seller, and the Seller agrees that Broker may disclose the data to a Multiple
<br />88 Listing Service ( "MLS'), Internet or any advertising media and that the Broker may furnish notice to a MLS or other provider of all
<br />89 changes of information concerning the Property.
<br />90
<br />91 (F) INFORMATION REGARDING PROPERTY. Seller acknowledges that the information on the Listing Profile Sheet and Seller's
<br />92 Residential Real Estate Sales Disclosure Form (if applicable) is true and correct, and that Seller is the owner of the Property
<br />93 or is the authorized agent(s) of the true owner with complete and full authority to act on behalf of the owner(s). Seller further
<br />94 warrants that no other listing contract is now in force with any other broker. The Seller(s) or authorized agent(s) agree to
<br />95 indemnify, actively defend and hold Broker, Company and its agents harmless from any damages, loss, liability and expenses including
<br />96 attorney fees and costs, arising from incorrect information or failure to supply material information regarding the Property,
<br />97 including, but not limited to the condition of appliances, heating, plumbing, electrical, sewage, major defects in structure, mold and /or other
<br />SE environmental conditions or hazards, location of property lines, public and private restrictions on the use of the Property, any loss or liability
<br />on iii con;uncticn eJth this agreement or with Broker or other licensees showing the Property including, but not limited to, injuries suffered by
<br />100 other licensees or prospective buyers.
<br />02 (^) EN IRONMENTAL CONTAMINANTS ADVISORYIRELEASE. Seller acknowledges that Listing Broker, Selling Broker and all
<br />1u3 salespersons associated with Brokers are NOT experts and have NO special training, knowledge or experience with regard to the
<br />104 evaluation or existence of possible lead -based paint, radon, mold and other biological contaminants (°Environmental Contaminants') which
<br />105 might exist and affect the Property. Environmental Contaminants at harmful levels may cause property damage and serious illness,
<br />106 including but not limited to, allergic and/or respiratory problems, particularly in persons with immune system problems, young children
<br />107 and /or the elderly.
<br />108
<br />VJ V6fie ;grass CV 4V[FAVFC nItFF avpropriats experts and accepts all risks for Environmental Contaminants and releases and holds
<br />;;c , _ uFi vkcrs, tFlctr Cv- rnpar'klas and sales associates from any and all liability, including attorney's fees and costs, arising
<br />di1 a t 1..a...1 aw - a:w» is .t:.. »I.. ,, ...t "afaca .t..t: »:.. ».... it....a:na al... r5.» »...a.. L.J:»..
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<br />114 (H AiGC141i1 DJIGC .VJViaGJ.
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<br />116 1. Office Policy. Seller acknowledges receipt of a copy of the written office policy relating to agency.
<br />117
<br />118 2. Agency Relationship. I.C. 25- 34.1- 10 -9.5 provides that a Licensee has an agency relationship with, and is
<br />119 reoresentina. the individual with whom the Licensee is working unless (1) there is a written acreeFment to the contrar::
<br />120 or (2) the Licensee is merely assisting the individual as a customer without compensation. Licensee(Broker) represents tie
<br />,i'" # 4� E 4k 0-11— ., c„u r # f- ,...n i•►,., o.,GD,.1F, i s 64;e� t f—St i..valt sa...,t;a!h l:... a
<br />L� ti i[GIGJ[v Vi tFtG VGIiGF Qu tr 116E v QccrlE LV JGIi L1tG • iVLTi[lY. LIE�.rGnJGC ViYGv VVtlGJ Vi [ft/ f. IVYQFtY. E�VIF NUGF1EtQItE Y. aWVU11 UIlV alit/
<br />1<< UiJI IrJJUre to the Seller. However, Licensee must deal honestly with a buyer and disclose to tie buyer information
<br />121 aboult the Property. r.! representations ila C by Li' G6nbC L abou, the P r0 p cfty ark liiQuc as uhc agent vC i :uL a
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