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

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10. Seller represents to Broker that all environmental problems affecting the Property, known to Seller, have been disclosed to Broker in writing in this Contract. Seller acknowledges and agrees that Broker has not made any representation or warranty with respect to, nor conducted any investigation of, the environmental condition or suitability for any particular use of the Property or any adjacent property and that Broker has no duty or obligation to Seller. any prospective purchaser or lessee or other person or entity to make any such investigation, warranty or representation and does not by this Contract incur any such obligation. Seller further acknowledges and agrees that any obligation that may exist with regard to compliance with statutes, ordinances and regulation relating to the environmental condition of all or any part of the Property, or the use thereof, is the sole responsibility of the Seller. Seller acknowledges that Broker has advised Seller of the potential risk of environmental issues affecting the Property by letter prior to entering into this Contract. Seller agrees to indemnify and hold Broker harmless against any liability, expense, cost, attorney's fees or other fees which Broker may incur as a result of any environmental problems associated with the Property, except as a result of Broke-'s negligence. 11. ENVIRONMENTAL CONDITION OF PROPERTY (Applies to h~diana Properties Only): (Check 1 or 2) ^ I. Seller is not required to provide Buyer with a Disclosure Statement pursuant to LC. 1 ~-2~-3-I et seq., Indiana's Responsibility Property Transfer Law, because, to the best of Seller's knowledge, the Property is exempt from the provisions of the law or (1) the Property does not contain any hazardous chemical or material under the Community Right-to-Know Act of 1986; (2) the Property does not contain any underground storage tanks which are or have been utilized to hold petroleum or other regulated substances; and (3) the Property is not listed on the Comprehensive environmental Response, Compensation and Liability Information system. ^ 2. Seller is required to provide Buyer with a Disclosure Statement pursuant to LC. 13-25-3-1 et seq.. because, to the best of Seller's knowledge, the Property is not exempt from the provisions of the law. 12. It is understood that Broker may rely on the validity of the data provided by the Seller pertaining to the listing contract. Seller agrees that Broker may disclose such data to qualified brokers. The Seller also agrees that Broker will furnish notice to qualified brokers of all changes in information concerning the Property as agreed by Seller. Upon the closing of a fully executed purchase agreement, exchange agreement or lease on the Property. Broker is authorized to disseminate the sales and lease information. I. SELLER'S INDEMN[FICATION: Seller agrees to indemnify, defend and hold Broker harmless from any and all claims. demands, liabilities, damages, losses, judgments, expenses, costs and attorney fees resulting from. arising out of or relating to Seller's furnishing Broker, any brokers or sales person of Broker or causing Broker to be furnished with any false. incorrect, or inaccurate information or representations, or Seller's concealment of any material information. or otherwise relating to the Property. If a dispute arises at any time concerning the condition of the Property. the structures. improvements permanently installed and affixed thereto, Property defects, or health hazards. Seller agrees to indemnify, defend and hold harmless Broker from and against any and all claims, demands, liabilities_ damages, losses.. judgments, expenses. costs and attorley fees resulting from.. arising out of or relatnig to such dispute. In the event of the transfer of any interest in the Property to another party, this provision shall survive such passing of interest J. BROKER'S LIEN: For purposes of this Contact, the parties understand and agree that Broker's commission is deemed to be a share of the money received by Seller, and Broker shall have a lien on the funds until the commission is paid. K. AUTHORITY TO OBTAIN' PROPERTY INFORMATION: If Seller has mortgaged the Property, Seller hereby authorizes the lending institution to divulge all mortgage infornation to Broker and to provide copies of the note and mortgage, if requested. Seller also authorizes Broker to obtain historic utility billing information from utility service providers. L. EARNEST MONEY: Broker is hereby authorized to accept an earnest money deposit made out to escrow agent, Meridian Title Company. with any offer to purchase said real estate, which escrow agent may retain this deposit until closing unless otherwise provided in the purchase agreement. exchange agreement or lease. Notwithstanding terms to the contrary, the Parties agree that all funds delivered to the Escrow Agent be in such form that the closing agent shall be able to disburse in compliance with IC 27- 07-3.7 et seq. Therefore, all funds from a single source of $10,000.00 or more in aggregate shall be wired unconditionally and all funds under $10.000.00 from a single source shall be good funds as so defined by said Statute. Should the Buyer fail to complete the purchase, the earnest money deposit shall be applied first to Broker's advertising and other out-of-pocket expenses directly related to, and made in reliance upon.. this Contract. and the balance shall be divided equally beriveen Broker and Seller, except that Broker's portion shall in no event exceed the regular commission had the sale been closed. In the event that any contract for the sale, exchange, option or lease of the Property does not close for any reason, any earnest money held by escrow agent shall be held until Seller, Buyer and Broker mutually agree in writin~~ as to its disposition or until the disposition is directed by a court order. M. TITLE INSURANCE: Except as otherwise provided in the Purchase or Exchange Agreement, Buyer shall be furnished, at Seller's expense, with an owner's policy or title insurance in the amount of the sales price or Seller's exchange value showing an insurable title to the Property in Seller's name, subject only to easements, taxes and restrictions of record and other items as provided in the Purchase or Exchange Agreement.