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<br /> 8. Check one of the following:
<br /> [ ]Owner agrees to have Broker arrange for closing services.
<br /> [ x]Owner shall arrange for closing services to be provided by a third-party.
<br /> 8. Unless otherwise provided herein,the terms of sale shall be,at the option of the purchaser,either cash or cash to any
<br /> existing loan.Any offer may contain normal and customary contingencies such as those relating to the condition of the
<br /> Property,title report,and timing of closing.
<br /> 9. Owner shall reimburse Broker, monthly or upon request,for its direct out-of-pocket expenses reasonably incurred and
<br /> approved by Owner in the preparation of the offering brochures required for print advertising, and for other activities
<br /> involved in marketing the Property hereunder. The reimbursement for these expenses shall not exceed the sum of$0
<br /> Dollars ($_0 ). Except as expressly provided in this paragraph, all expenses incurred by Broker in the
<br /> performance of its service shall be borne by Broker,not Owner.
<br /> 10. Owner agrees to cooperate with Broker in bringing about a sale of the Property and to refer immediately to Broker all
<br /> inquiries of anyone interested in the Property.All negotiations are to be through Broker. Broker is authorized to accept
<br /> a deposit from any prospective purchaser and to handle it in accordance with the instructions of the parties unless
<br /> contrary to applicable law. Broker is exclusively authorized to advertise the Property and,exclusively,to place a sign(s)
<br /> on the Property if, in Broker's opinion, such would facilitate the sale of the Property. Owner and its counsel will be
<br /> responsible for determining the legal sufficiency of any purchase and sale agreement and other documents relating to
<br /> any transaction contemplated by this Agreement.
<br /> 11. In the event the Property is removed from the market due to the opening of an escrow or acceptance of an offer to
<br /> purchase the Property during the Term, or any extension thereof, and the sale is not consummated for any reason
<br /> then, in that event, the Term shall be extended for a period of time equal to the number of days that the escrow had
<br /> been opened and/or the Property had been removed from the market,whichever is longer, provided that, in no event
<br /> shall such extension(s)exceed one hundred eighty(180)calendar days in the aggregate.
<br /> 12. Owner agrees to disclose to Broker and to prospective tenants or purchasers any and all information which Owner has
<br /> regarding present and future zoning and environmental matters affecting the Property and regarding the condition of
<br /> the Property, including, but not limited to structural, mechanical and soils conditions, the presence and location of
<br /> asbestos, PCB transformers, other toxic, hazardous or contaminated substances, and underground storage tanks in,
<br /> on,or about the Property. Broker is authorized to disclose any such information to prospective purchasers or tenants.
<br /> 13. Owner represents that it is the owner of the Property and that, except as may be set forth in an addendum attached
<br /> hereto, no person or entity who has an ownership interest in the Property is a foreign person as defined in the Foreign
<br /> Investment in Real Property Tax Act(commonly known as"FIRPTA").
<br /> 14. If earnest money or similar deposits made by a prospective purchaser or tenant are forfeited, in addition to any other
<br /> rights of Broker pursuant to this Agreement, Broker shall be entitled to one-half(1/2)thereof, but not to exceed the
<br /> total amount of the anticipated commission.
<br /> 15. To the extent permitted by applicable law,Broker is authorized to deduct its commissions from any deposits,payments
<br /> or other funds, including proceeds of sale or rental payments, paid by a purchaser or tenant in connection with a
<br /> transaction contemplated by this Agreement, and Owner hereby irrevocably assigns said funds and proceeds to
<br /> Broker to the extent necessary to pay said commissions. Broker is authorized to provide a copy of this Agreement to
<br /> any escrow or closing agent working on such transaction, and such escrow or closing agent, or tenant, is hereby
<br /> instructed by Owner to pay Broker's commissions from any such funds or proceeds available. Owner shall remain
<br /> liable for the entire amount of said commissions regardless of whether Broker exercises its rights under this
<br /> paragraph.
<br /> 16. Owner and Broker designate the individual(s) identified below as the legal agent(s) of Owner, to the exclusion of all
<br /> other licensees of Broker(individually or collectively referred to as "Designated Agent(s)"). Owner acknowledges that
<br /> Broker is a national brokerage firm and that in some cases it may represent prospective purchasers or tenants.Owner
<br /> desires that the Property be presented to such persons or entities,and consents to any dual representation created in
<br /> the event that such purchaser or tenant is also represented by Designated Agent(s). Designated Agent(s) shall not
<br /> disclose the confidential information of one principal to the other.
<br /> Designated Agent(s);Brian Pankratz,Richard Palmiter,Krista Flemming
<br /> 17. In the event that the Property comes under the jurisdiction of a bankruptcy court, Owner shall immediately notify
<br /> Broker of the same, and shall promptly take all steps necessary to obtain court approval of Broker's appointment,
<br /> unless Broker shall elect to terminate this Agreement upon said notice.
<br /> 18. In the event that the Property becomes the subject of foreclosure proceedings prior to the expiration of this
<br /> Agreement, then Broker may, in its sole and absolute discretion(i)suspend this Agreement until such time as Broker
<br /> may elect, in its sole and absolute discretion,to reinstate this Agreement,or(ii)terminate this Agreement and be free
<br /> to enter into a listing agreement with any receiver,the party initiating the foreclosure,the party purchasing the Property
<br /> at a foreclosure sale,or any other person having an interest in the Property.
<br /> 19. In the event Owner fails to make payments within the time limits set forth herein,then from the date due until paid,the
<br /> delinquent amount shall bear interest at the four percent(4%)per year.
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