6.B.(2) Listing Agreement with CB Richard Ellis

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Seller shall pay the Broker commissions from both the lease and the sale, provided that the lease commission offset is applied a~~ainst sale commission. 4. DEFAULT: If Seller enters into a fully executed contract for sale, exchange, option or lease and Seller defaults under that contract, then a commission in the same amount as would be payable upon a closing or lease execution pursuant to this Contract shall be due immediately upon such default. 5. READY, WILLING AND ABLE PERSON: If Broker procures a written offer from a Buyer who is ready, willing and financially able to consummate the proposed transaction concerning the Property according to the terms contained in this Contract, and Seller refuses to accept the offer, Broker shall be immediately entitled to a commission in the same amount as would be payable upon a closing or lease execution pursuant to this Contract. 6. SUIT BY OWNER: If Seller successfully prosecutes a suit against a Buyer who breached a purchase agreement, exchange agreement or lease concerning the Property and collects al] or any part of the monetary damages proximately caused by such breach as a result of trial, compromise, settlement or otherwise, then after first deducting Seller's reasonable attorney fees and court costs. Seller shall pay Broker an amount equal to one-half (ll2) of the funds received by Seller. The maximum amount that Seller shall be obligated to pay Broker shall not exceed the amow~t of Broker's commission if the sale, exchange agreement or lease have been consummated. 7. COMMISSION PROTECTION: [f Seller sells the Property to a Buyer who was procured in whole or in part by the efforts of Broker, Buyer's Broker, or Seller during the term of this Contract, and if such sale occurs within 120 days after the time this Contract terminates, and who was identified on a list submitted to Seller within Ten (]0) days after expiration of the Tenn, then Seller shall pay Broker a commission pursuant to the procedures above as applicable. Broker shall also be entitled to recover its attorney's fees and expenses from Seller for the collection of commissions due. E. PROPERTY OFFERED FOR SALE: The above price(s) includes the real estate together with all buildings and all permanent improvements and fixtures attached thereto, EXCEPT the following items to be EXCLUDED (if any): None F. PERSONAL PROPERTY OFFERED FOR SALE: The above price includes the following items of personal property to be INCLUDED in the sale: None G. SELLER'S COVENANTS: Seller agrees to fully cooperate with Broker, its agents and Buyer's Brokers with respect to Broker's efforts to market and sell the Property. Seller agrees to refer to Broker all inquiries received relating to the sale of the Property and to conduct all negotiations with prospective buyers of the Property through Broker under the direction of Seller, subject to instructions and final approval. Seller further agrees to furnish Broker with any information concerning the Property as Broker may reasonably require from time to time. If the Property is not presently rented, the Seller agrees not to rent or lease the Property while listed without Brokers consent. Additionally. it is agreed that the Broker or his representatives and all prospective purchasers or lessees shall at all reasonable times have access to said Property and structures located thereon for the purpose of showing and inspecting the same. H. SELLER'S REPRESENTATIONS: To Seller's best knowledge and belief. Seller represents and warrants to Broker as follows: 1. The undersigned Seller holds fee simple title to the Property. is authorized and has the capacity to execute and deliver this Listing Contract, and has the ability to convey a good and marketable title by a general warranty deed and/or enter into sale. 2. The Seller represents that no person or entity who has an ownership interest in the Property is a foreign person as defined in the Foreign Investment in Real Property Tai Act (commonly known as "FIRPTA'"). 3. The Seller agrees to give possession of the Property to Buyer at the closill~ 4. 5. The Property is connected to a municipal sewer system: and is connected to a municipal water system. 6. There are no actions, suits or proceedings pending or threatened against Seller of the Property, affecting any portion of the Property, before any judicial tribunal or ~~overnmental agency. department or instrumentality. EXCEPT: None 7. There are no pending or tlu-eatened condemnation actions or special assessments of any nature with respect to the Property, and Seller has not received any notices of any such condemnation actions or special assessments being contemplated. 8. There are no foreclosures pending or tln-eatened with respect to the Property nor has Seller received any notices of any foreclosure action being contemplated. 9. Seller has not received any notice in writing or otherwise from any govenmlental or municipal agency requiring the correction of any condition of the Property or any part thereof, by reason of a violation or alleged violation of any applicable federal or state statute, ordinance. code or regulation, EXCEPT: None