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LISTING CONTRACT <br />(EXCLUSIVE RIGHT TO SELL) <br />1 Date: August 24. 2011 <br />K <br />3 In consideration of services to be performed by Hallmark Real Estate <br />4 (Broker /Company, hereinafter referred to as "Broker") for HOUSING DEVELOPMENT CORPORATION BOARD <br />5 ("Seller") <br />6 Seller appoints Broker as Seller's broker with irrevocable and exclusive right to sell, exchange, option, or lease the real property <br />7 known as 609 COLLIMIA in Portace Township, <br />8 SAINT JOSEPH County, SOUTH BEND , Indiana 46618 <br />9 (zip code) legally described as: SOUTH 57.75 FT OF EAST 45.25 FT LOT #23 DENNISTON & FELLOWS <br />10 <br />11 (the "Property"). <br />12 <br />13 This contract begins on 9 7 - i) and expires at 11:59 P.M. March 18, 2012 <br />14 subject to the following terms and conditions: <br />15 <br />16 List Price: $ 25 000.00 Possession: DAY OF CLOSING / PER TENANT <br />17 Seller represents that Seller U is Ux Is not delinquent on any loans whic-fi—c-o—W constitute a lion on Hie Pro-p—RF-a—ng <br />18 the total loans affecting the Property do not exceed the list price and costs of sale. Seller is not a party to any <br />19 bankruptcy proceeding. Also, Seller has the capacity to convey the Property by a general Warranty Deed or by <br />20 . Did the Seller acquire ownership of the property at a tax sale, Sheriff's sale, any <br />21 judicial sae, or mortgage sure ing? O Yes OX No <br />22 <br />23 Terms of Sale: The Property may be sold for cash or any of the following methods indicated below: <br />24 X Conventional Mortgage Conditional Sales Contract <br />25 X Insured Conventional Mortgage FHA <br />26 Assumption of Existing Mortgage Balance VA <br />27 X Other CASH <br />28 Seller agrees to pay costs associated with financing not to exceed 0 <br />29 Property Offered for Sale: The above list price includes the Property and all improvements and fixtures permanently instal ed and <br />30 affixed thereto, except N/A <br />31 Items of Personal Property included in the sale: N/A <br />32 <br />33 <br />34 <br />35 <br />36 (A) EXCLUSIVE LISTING. The parties understand and agree that this is an exclusive right to sell, option, exchange or lease <br />37 listing, and Broker shall be entitled to the commission hereinafter established which shall be payable upon the occurrence of <br />38 any of the following events: <br />39 <br />40 (1) at the time the Property is sold, optioned, exchanged or leased by any person, including the Seller, to any person <br />41 during the term of this contract or any renewal or extension thereof, <br />42 (2) at the time Seller, Broker, or any other real estate licensee secures a buyer or lessee ready, willing and able to <br />43 purchase, option, exchange or lease the Property for such price and terms as specified, or such other price or terms <br />44 as Seller may accept, <br />45 (3) at the time an agreement is entered into to sell, exchange, option or lease during the term of this contract or any <br />46 renewal or extension thereof, and ultimately completed after the termination of this contract, <br />47 (4) the Property is sold, optioned, leased, or exchanged by Seller or any other person within 180 days <br />48 after termination of this Listing Contract to any person procured in whole or in part by the efforts of Broker, any <br />49 cooperating broker, or Seller, provided, however, this extension clause shall not apply if this Exclusive Listing <br />50 Contract terminates and the Property is listed exclusively with another licensed broker, or <br />51 (5) at the time of default by Seller to any valid, fully executed, written agreement to sell, option, exchange, or lease the <br />52 Property. <br />53 <br />54 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 />55 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 />56 (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 />57 Broker shall be entitled to interest at the rate of Al 14 % per annum until commission is paid. <br />58 <br />59 If the Seller and a Buyer sign a Purchase Agreement, Option to Purchase Real Estate, Lease or the dosing of the sale of the <br />60 Property will not take place until after the term of this contract, then this contract shall automatically be extended to coincide with <br />61 the dosing date or term of the lease. <br />609 COLMMIA, SOUTH BEND, 46618 <br />(Property Address) <br />Page 1 of 4 (Listing Contract) <br />Wnuwt Reid Estate, Inc. 115 N. Willient St. South Bend, M 46601 Phone: (574 )232 -3600 Fax: (574)239 -3555 H.D.C. 2011 <br />Bruce Gordon Produced with ZipFoml® by zipLogix 18070 Film Mils Road, Fraser, Midiipen 48026 MWW, gorn <br />