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HomeMy WebLinkAboutC13-276 Listing Agreement for 69 Marble F228 The Valley Home Store The Kimberly B. Williams Valley Home Store Ph: 970-328-8776 Fax: 866-611-7237 s$ The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (LC50-9-12) (Mandatory 1-13) THIS IS A BINDING CONTRACT.THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE id PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. Compensation charged by real estate brokerage firms is not set by law. Such charges are established _ by each real estate brokerage firm. ' DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY OR TRANSACTION-BROKERAGE. 2 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT _> 29 ❑ SELLER AGENCY ®TRANSACTION-BROKERAGE si t Date: 9/5/2013 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract(Seller Listing 3' Contract)as of the date set forth above. Broker, on behalf of Brokerage Firm, shall provide brokerage services to Seller. Seller agrees to pay Brokerage Firm as set forth in this Seller Listing Contract. 2. BROKER AND BROKERAGE FIRM. 42 mal 2.1. Multiple-Person Firm. If this box is checked,the individual designated by Brokerage Firm to serve as 4.Z the broker of Seller and to perform the services for Seller required by this Seller Listing Contract is called Broker. If °` more than one individual is so designated,then references in this Seller Listing Contract to Broker shall include all .a;. persons so designated, including substitute or additional brokers. The brokerage relationship exists only with qe 4; Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged `18 by Brokerage Firm who are not so designated. 49 1 ❑ 2.2. One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with only one licensed natural person. References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as the broker of Seller and perform the services for Seller 55 required by this Seller Listing Contract. 3. DEFINED TERMS. 59 3.1. Seller: Eagle County Housing and Development Authority ✓'2 63 3.2. Brokerage Firm: The Valley Home Store 65 3.3. Broker: Kimberly B. Williams, Tori Franks '`' 3.4. Property. The Property is the following legally described real estate in the County of Eagle,Colorado: CONDOMINIUM UNIT 228, BUILDING F, MILLER RANCH MILL LOFTS-PHASE V,ACCORDING TO THE CONDOMINIUM MAP RECORDED OCTOBER 4, 2005 RECEPTION NO. 931855 AND AS DESCRIBED IN CONDOMINIUM DECLARATION RECORDED MAY 27, 2004 RECEPTION NO. 878618 AND SUPPLEMENT RECORDED OCTOBER 4, 2005 RECEPTION NO. 931857, COUNTY OF EAGLE, STATE OF COLORADO 79 known as No. 69 Marble F228 Edwards CO 81632 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, sE and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 83 3.5. Sale. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 1 of 8 Seller(s)Initials: //J""" CTMeContracts.com-©2013 CTM Software Corp. 3.5.1. A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the obligation to convey any interest in the Property, including a contract or lease. It also includes an agreement 8;' to transfer any ownership interest in an entity which owns the Property. F,v El 3.5.2. If this box is checked, Seller authorizes Broker to negotiate leasing the Property. Lease of the Property or Lease means any lease of an interest in the Property. 91 3.6. Listing Period. The Listing Period of this Seller Listing Contract shall begins on 9/5/2013 and continues through the earliest occurrence of one of the following events: (1)completion of the Sale of the a4 Property or(2) Broker shall continue to assist in the completion of any sale or lease for which compensation is payable to Brokerage Firm under § 7 of this Seller Listing Contract. 3.7. Applicability of Terms.A check or similar mark in a box means that such provision is applicable. The "' ' abbreviation"N/A"or the word "Deleted" means not applicable. The abbreviation "MEC" (mutual execution of this contract) means the date upon which both parties have signed this Seller Listing Contract. 3.8. Day; Computation of Period of Days, Deadline. 3.8.1. Day.As used in this Seller Listing Contract, the term "day' shall mean the entire day ending at `"' 11:59 p.m., United States Mountain Time(Standard or Daylight Savings as applicable). i!t; ;!; 3.8.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date zl is not specified, the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday(Holiday), such deadline®Shall El Shall Not 11,1 be extended to the next day not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline '' shall not be extended. 4. BROKERAGE RELATIONSHIP. 4.1. If the Seller Agency box at the top of page 1 is checked, Broker shall represent Seller as a Seller's limited agent(Seller's Agent). If the Transaction-Brokerage box at the top of page 1 is checked, Broker shall act as a Transaction-Broker. 120 4.2. In-Company Transaction—Different Brokers.When Seller and buyer in a transaction are working 121 with different brokers, those brokers continue to conduct themselves consistent with the brokerage relationships 123 they have established. Seller acknowledges that Brokerage Firm is allowed to offer and pay compensation to 4 brokers within Brokerage Firm working with a buyer. 4.3. In-Company Transaction—One Broker. If Seller and buyer are both working with the same broker, .1 Broker shall function as: 4.3.1. Seller's Agent. If the Seller Agency box at the top of page 1 is checked, the parties agree the following applies: 9 PPies: 4.3.1.1. Seller Agency Only. Unless the box in§4.3.1.2 (Seller Agency Unless Brokerage Relationship with Both) is checked, Broker shall represent Seller as Seller's Agent and shall treat the buyer as a customer.A customer is a party to a transaction with whom Broker has no brokerage relationship. Broker shall disclose to such customer Broker's relationship with Seller. 130 El 4.3.1.2. Seller Agency Unless Brokerage Relationship with Both. If this box is checked, 138 Broker shall represent Seller as Seller's Agent and shall treat the buyer as a customer, unless Broker currently has or enters into an agency or Transaction-Brokerage relationship with the buyer, in which case Broker shall act 14 i as a Transaction-Broker. 143 4.3.2. Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in the event neither box is checked, Broker shall work with Seller as a Transaction-Broker.A Transaction-Broker shall `1 perform the duties described in§5 and facilitate sales transactions without being an advocate or agent for either party. If Seller and buyer are working with the same broker, Broker shall continue to function as a Transaction- Broker. f 5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker,as either a Transaction-Broker or a Seller's 151 Agent, shall perform the following Uniform Duties when working with Seller: 52 5.1. Broker shall exercise reasonable skill and care for Seller, including, not limited to the following: 9, g _;., 5.1.1. Performing the terms of any written or oral agreement with Seller; 53 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is `'f' subject to a contract for Sale; 158 5.1.3. Disclosing to Seller adverse material facts actually known by Broker; 139 5.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker; 161. 62 5.1.5. Accounting in a timely manner for all money and property received; and 5.1.6. Keeping Seller fully informed regarding the transaction. 5.2. Broker shall not disclose the following information without the informed consent of Seller: >{ 5.2.1. That Seller is willing to accept less than the asking price for the Property; 5.2.2. What the motivating factors are for Seller to sell the Property; LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 2 of 8 Seller(s)Initials: ,�1�(! ��I /// CTMeContracts.com-©2013 CTM Software Corp. • .1 ' 5.2.3. That Seller will agree to financing terms other than those offered; 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose -1 such information would constitute fraud or dishonest dealing; or 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize fa the Property. 5.3. Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or designee for the purpose of proper supervision, provided such supervising broker or designee shall not further disclose such information without consent of Seller, or use such information to the detriment of Seller. 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative properties not owned by Seller to other prospective buyers and list competing properties for sale. £J 5.5. Broker shall not be obligated to seek additional offers to purchase the Property while the Property is 183 subject to a contract for Sale. <Ma 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and tY P P P dY Y 186 has no duty to independently verify the accuracy or completeness of statements made by Seller or independent to7 inspectors. Broker has no duty to conduct an independent investigation of a buyer's financial condition or to verify -88 the accuracy or completeness of any statement made by a buyer. 150 5.7. Seller understands that Seller shall not be liable for Broker's acts or omissions that have not been 91 approved, directed, or ratified by Seller. 5.8. When asked, Broker®Shall ❑ Shall Not disclose to prospective buyers and cooperating brokers 191 the existence of offers on the Property and whether the offers were obtained by Broker, a broker within Brokerage Firm or by another broker. Esc; _<.;z; 6. ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of page 1 is checked, 199 Broker is Seller's Agent,with the following additional duties: 6.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity; 20�1� g 9 Y Y Y: 2 02 6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and 203 6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by 2''21 Broker. 207 7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Seller agrees that any Brokerage Firm compensation that is conditioned upon the Sale of the Property shall be earned by 210 Brokerage Firm as set forth herein without any discount or allowance for any efforts made by Seller or by any other t; person in connection with the Sale of the Property. 1` 7.1. Amount. In consideration of the services to be performed by Broker, Seller agrees to pay Brokerage 114 Firm as follows: 215 7.1.1. Sale Commission. (1) 2 %of the gross purchase price or(2) n/a , in U.S. dollars. 16 7.1.2. Lease Commission. If the box in §3.5.2 is checked, Brokerage Firm shall be paid a fee equal to 17 218 (1) n/a %of the gross rent under the lease, or(2)n/a , in U.S. dollars, payable as follows: 219 n/a 220 22 7.2 Other Compensation. 222 n/a 7.3. When Earned. Such commission shall be earned upon the occurrence of any of the following: 225 7.3.1. Any Sale of the Property within the Listing Period by Seller, by Broker or by any other person; 2.1f' 7.3.2. Broker finding a buyer who is ready,willing and able to complete the Sale or Lease as specified 228 in this Seller Listing Contract; or 29 7.3.3. Any Sale (or Lease if§ 3.5.2 is checked)of the Property within n/a calendar days following the expiration of the Listing Period (Holdover Period)to(1)to anyone with whom Broker negotiated and 1��1 9 P� 9 ( ) O Y 9 212 (2)whose name was submitted, in writing,to Seller by Broker during the Listing Period including any extensions 233 thereof, (Submitted Prospect). Provided, however, Seller❑ Shall ❑ Shall Not owe the commission to 234 Brokerage Firm under this§7.3.3 if a commission is earned by another licensed real estate brokerage firm acting j?.3 23t. pursuant to an exclusive agreement entered into during the Holdover Period and a Sale or Lease to a Submitted 237 Prospect is consummated. If no box is checked above in this§ 7.3.3, then Seller shall not owe the commission to "' Brokerage Firm. 240 7.4. When Applicable and Payable. The commission obligation shall apply to a Sale made during the Listing Period or any extension of such original or extended term. The commission described in § 7.1.1 shall be ` ` payable at the time of the closing of the Sale, or, if there is no closing (due to the refusal or neglect of Seller)then 244 on the contracted date of closing, as contemplated by§7.3.1 or§7.3.3,or upon fulfillment of§ 7.3.2 where the 2_°5 offer made by such buyer is not accepted by Seller. 24 7 7.5. Cooperative Broker Compensation. Broker shall seek assistance from, and Brokerage Firm offers 3.:5 compensation to, outside brokerage firms, whose brokers are acting as: 249 ❑ Buyer Agents: n/a % of the gross sales price or n/a , in U.S. dollars. 251 II Transaction-Brokers: n/a %of the gross sales price or n/a , in U.S. dollars. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 3 of 8 Seller(s)Initials: -44 CTMeContracts.com-©2013 CTM Software Corp. • 251 8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in 255 §7, shall accept compensation from any other person or entity in connection with the Property without the written 256 consent of Seller.Additionally, neither Broker nor Brokerage Firm shall be permitted to assess or receive mark- 25/ ups or other compensation for services performed by any third party or affiliated business entity unless Seller 39 signs a separate written consent for such services. 265 G 9. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Seller has been .. ;2 2r..3 advised by Broker of the advantages and disadvantages of various marketing methods, including advertising and 26 the use of multiple listing services(MLS)and various methods of making the Property accessible by other j'' ` brokerage firms (e.g., using lock boxes, by-appointment-only showings, etc.), and whether some methods may 2E;i' limit the ability of another broker to show the Property.After having been so advised, Seller has chosen the 2:, following (check all that apply): ``9 9.1. MLS/Information Exchange. 9.1.1. The Property El Shall ®Shall Not be submitted to one or more MLS and®Shall ❑ Shall >:;;;!., Not be submitted to one or more property information exchanges. If submitted, Seller authorizes Broker to provide timely notice of any status change to such MLS and information exchanges. Upon transfer of deed from Seller to 2 buyer, Seller authorizes Broker to provide sales information to such MLS and information exchanges. 2-1!,:, 9.1.2. Seller authorizes the use of electronic and all other marketing methods except: 2 :3 n/a 2%9 9.1.3. Seller further authorizes use of the data by MLS and property information exchanges, if any. .1.80 9.1.4. The Property Address®Shall El Shall Not be displayed on the Internet. 2$3. 262 9.1.5. The Property Listing®Shall ❑ Shall Not be displayed on the Internet. 28 9.2. Property Access.Access to the Property may be by: :',1.i4 ®Mechanical Lock Box El Electronic Lock Box 26'£; ® Key held by broker X87 Other instructions: 268 9.3. Brokerage Marketing.The following specific marketing tasks shall be performed by Broker: 2,r; Contact buyers on Master Buyer list and advertise at www.valleyhomestore.org. 291 `;2 10. SELLER'S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT. 29 ,2 10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the 295 Property only through Broker, and to refer to Broker all communications received in any form from real estate 297 brokers, prospective buyers,tenants or any other source during the Listing Period of this Seller Listing Contract. _ ;a 10.2. Advertising. Seller agrees that any advertising of the Property by Seller(e.g., Internet, print and 299 signage)shall first be approved by Broker. `` 10.3. No Existing Listing Agreement. Seller represents that Seller❑ Is ®Is Not currently a party to so.: any listing agreement with any other broker to sell the Property. 333 10.4. Ownership of Materials and Consent. Seller represents that all materials (including all `` photographs, renderin s images or other creative items)supplied to Broker by or on behalf of Seller are owned by s<;f 9 . 9 ) PP Y 3,36 Seller, except as Seller has disclosed in writing to Broker. Seller is authorized to and grants to Broker, Brokerage 3(1, Firm and any MLS (that Broker submits the Property to)a nonexclusive irrevocable, royalty-free license to use 308 such material for marketing of the Property, re ortin as required and the publishing, display and reproduction of 2E2<_) 9 reporting 4 P 9, P Y P 31,1 such material, compilation and data.This license shall survive the termination of this Seller Listing Contract. 311 10.5. Colorado Foreclosure Protection Act.The Colorado Foreclosure Protection Act(Act)generally '12 3L applies if(1)the Property is residential (2)Seller resides in the Property as Seller's principal residence (3)Buyer's 3 14 purpose in purchase of the Property is not to use the Property as Buyer's personal residence and (4)the Property 31s is in foreclosure or Buyer has notice that any loan secured by the Property is at least thirty days delinquent or in '. default. If all requirements 1, 2, 3 and 4 are met and the Act otherwise applies,then a contract, between Buyer :.. 18 and Seller for the sale of the Property, that complies with the provisions of the Act is required. If the transaction is E';; a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and Buyer, the Act 32 does not apply. It is recommended that Seller consult with an attorney. 322 X23 11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller: 22') 11.1 Price. U.S. $ 209,000.00 336 11.2. Terms. ® Cash ® Conventional ❑ FHA ❑ VA .SG; 2z3. ❑ Other: n/a 329 11.3. Loan Discount Points. zero z(v: 11.4. Buyer's Closing Costs (FHA/VA). Seller shall pay closing costs and fees, not to exceed s:::: $ 0 , that Buyer is not allowed by law to pay, for tax service and none. ,4 11.5. Earnest Money. Minimum amount of earnest money deposit U.S. $ 1% in the form of LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 4 of 8 Seller(s)Initials: Y j' CTMeContracts.com-©2013 CTM Software Corp. 336 good funds held by Heritage Title Company . 3 . s3s: 11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated: 3y 1=1 Cashier's Check at Seller's expense; ®Funds Electronically Transferred (Wire Transfer)to ::;41. an account specified by Seller, at Seller's expense;or ❑ Closing Company's Trust Account Check 3`12 11.7.Advisory: Tax Withholding. The Internal Revenue Service and the Colorado Department of Revenue may require closing company to withhold a substantial portion of the proceeds of this Sale when Seller either(1)is . a foreign person or(2)will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to 34E' determine if withholding applies or if an exemption exists. 348 349 12. DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to a proposed Sale contract. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent, 351 if an at or before the closing of the Sale contract. �3�1 Y, 9 35'4 13. INCLUSIONS AND EXCLUSIONS. :;66 13.1. Inclusions.The Purchase Price includes the following items(Inclusions): 357 13.1.1. Fixtures. The following items are included if attached to the Property on the date of this Seller 3'a Listing Contract, unless excluded under Exclusions(§ 13.2): lighting, heating, plumbing, ventilating, and air s,„:.,0 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable)wiring and connecting 361 blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories),garage door openers including 0 remote controls. Fs Other Fixtures: n/a If any fixtures are attached to the Property after the date of this Seller Listing Contract, such additional fixtures are 362 Y P Y 368 also included in the Purchase Price 369 jT= 13.1.2. Personal Property. The following items are included if on the Property whether attached or 372 not on the date of this Seller Listing Contract, unless excluded under Exclusions (§ 13.2): storm windows, storm 1/2 doors,window and porch shades,awnings, blinds, screens,window coverings, curtain rods, drapery rods, fireplace 374 inserts, fireplace screens, fireplace rates, heating stoves, store a sheds, and all keys. If checked, the following 376 are included: ❑ Water Softeners Smoke/Fire Detectors a4 Carbon Monoxide Alarms ❑ Security 377 Systems ❑ Satellite Systems (including satellite dishes); and 3/8 ;9 n/a 30 The Personal Property to be conveyed at closing shall be conveyed by Seller free and clear of all taxes 381 (except personal property taxes for the year of closing), liens and encumbrances, except none. Conveyance shall ; , be by bill of sale or other applicable legal instrument. 3�::3 Y PP� 9 384 13.1.3. Trade Fixtures..The following trade fixtures are included: none. 385 6 The Trade Fixtures to be conveyed at closing shall be conveyed by Seller, free and clear of all taxes 387 (except personal property taxes for the year of closing), liens and encumbrances, except none.Conveyance shall 3" be by bill of sale or other applicable legal instrument. 38 39r3 13.1.4. Parking and Storage Facilities.10 Use Only ❑ Ownership of the following parking facilities: 391 condo parking lot 3f; and ❑ Use Only ❑ Ownership of the following storage facilities: 4 none 6 13.1.5. Water Rights. The following legally described water rights: none. Any water rights shall be conveyed by n/a deed or other applicable legal 33 instrument. The Well Permit#is n/a 3z^O 400 13.1.6. Growing Crops. The following growing crops:none. 1 13.2. Exclusions. The following are excluded (Exclusions): 4 `' 4!3 None • 40 4 14. TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is solely in Seller's 402 name. Seller shall deliver to Broker true copies of all relevant title materials, leases, improvement location 408 certificates and surveys in Seller's possession and shall disclose to Broker all easements, liens and other 4" encumbrances, if t f, any, on the Pro e p rty, of which Seller has knowledge. Seller authorizes the holder of any 4�1 obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on said 412 encumbrance and the terms thereof. In case of Sale, Seller agrees to convey, by a 413 special warranty deed, only that title Seller has in the Property.Y• Property shall be conveyed 4.ib free and clear of all taxes, except the general taxes for the year of closing. 41€ All monetary encumbrances(such as mortgages, deeds of trust, liens, financing statements)shall be paid 4 1 7 by Seller and released except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as 41 follows: none. LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 5 of 8 Seller(s)Initials: 4 CTMeContracts.com-©2013 CTM Software Corp. 422 The Property is subject to the following leases and tenancies: none. " If the Property has been or will be subject to any Y subject y governmental liens for special improvements installed at ; the time of signing a Sale contract, Seller shall be responsible for payment of same, unless otherwise agreed. Brokerage Firm may terminate this Seller Listing Contract upon written notice to Seller that title is not satisfactory to Brokerage Firm. 2 :r4 15. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, unless the parties agree in writing 429 to a different arrangement, a current commitment and an owner's title insurance policy in an amount equal to the 13 P Y q 4 2 1 Purchase Price as specified in the Sale contract, or if this box is checked, ❑ An Abstract of Title certified to a 4;+7 current date. 433 44 137 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners' association assessment is currently payable at 330 per month and that there are no unpaid regular or special assessments against the Property except the current regular assessments and except 4.3 none . Seller -14,; agrees to promptly request the owners'association to deliver to buyer before date of closing a current statement of 1,12 assessments against the Property. 4 17. POSSESSION. Possession of the Property shall be delivered to buyer as follows: Upon a successful closing subjected to no leases or tenants., subject to leases and tenancies as described in § 14. 448 18. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION. .=;r; 18.1. Broker's Obligations. Colorado law requires a broker to disclose to any prospective buyer all adverse 441 material facts actually known by such broker including but not limited to adverse material facts pertaining to the title to the Property and the physical condition of the Property, an material defects in the Property, and an 453 P Y P Y any any 21!;,4 environmental hazards affecting the Property which are required by law to be disclosed.These types of disclosures may include such matters as structural defects, soil conditions, violations of health, zoning or building laws, and nonconforming uses and zoning variances. Seller agrees that any buyer may have the Property and ;s Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Property. 18.2. Seller's Obligations. 1`"' 18.2.1. Seller's Property Disclosure Form.A seller is not required by law to provide any particular t .4,,2 disclosure form, including the Seller's Property Disclosure form regarding the Property. However, disclosure of 463 known material latent(not obvious)defects is required by law. Seller❑ Agrees ®Does Not Agree to provide a <3;y-' g 1 Seller's Property Disclosure form completed to Seller's current, actual knowledge. 145 18.2.2. Lead-Based Paint. Unless exempt, if the improvements on the Property include one or more 467 residential dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead-Based 4°'S2 Paint Disclosure (Sales)form must be signed by Seller and the real estate licensees, and given to any potential 120 buyer in a timely manner. 471 18.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired 4,} heater or appliance, a fireplace,or an attached garage and one or more rooms lawfully used for sleeping y p' g purposes .424 (Bedroom), Seller understands that Colorado law requires that Seller assure the Property has an operational 1 carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by 476 the applicable building code, prior to offering the Property for sale or lease. 478 18.2.4. Condition of Property. The Property shall be conveyed in its present condition, ordinary a == wear and tear excepted, unless Seller, at Seller's sole option, agrees in writing to any repairs or other work to be 1fr0 performed by Seller. ;482 41S3 18.3. Right of Broker to Terminate.Although Broker has no obligation to investigate or inspect the 4234 Property, and no duty to verify statements made, Broker has the right to terminate this Seller Listing Contract if -try .18,0.4 the physical condition of the Property, Inclusions, any proposed or existing transportation project, road, street or 487 highway, or any other activity, odor or noise(whether on or off the Property)and its effect or expected effect on the 44':3 Property or its occupants, or if any facts or suspicions regarding circumstances that could psychologically impact 0<; 400 or stigmatize the Property are unsatisfactory to Broker. 19. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums received 493 P Y Y Y 4' 4 shall be divided between Brokerage Firm and Seller, one-half thereof to Brokerage Firm but not to exceed the 488 Brokerage Firm compensation agreed upon herein, and the balance to Seller.Any forfeiture of payment under this 49c section shall not reduce any Brokerage Firm compensation owed, earned and payable under 7. 9? Y 9 P P Y § 418 499 20. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm sou so 1 shall bear all expenses incurred by Brokerage Firm, if any, to market the Property and to compensate cooperating 402 brokerage firms, if any. Neither Broker nor Brokerage Firm shall obtain or order any other products or services ;';, unless Seller agrees in writing to pay for them promptly when due (examples: surveys,radon tests, soil tests, title LC50-I-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 6 of 8 Seller(s)Initials: CTMeContracts.com-©2013 CTM Software Corp. • ;;:. reports, engineering studies). Unless otherwise agreed, neither Broker nor Brokerage Firm shall be obligated to , advance funds for the benefit of Seller in order to complete a transaction. Seller shall reimburse Brokerage Firm for 38 payments made by Brokerage Firm for such products or services authorized by Seller. .j s. _,i0 21. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of service S 11 vary between different settlement service providers(e.g., attorneys, lenders, inspectors and title companies). 514 22. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm shall be responsible for maintenance of the Property nor shall they be liable for damage of any kind occurring to the Property, unless such damage shall be caused by their negligence or intentional misconduct. 5Ir 519 23. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer because of the race, creed, color, sex, sexual orientation, marital status, familial status, physical or mental `i21 557 disability, handicap, religion, national origin or ancestry of such person. 52 24. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller acknowledges 52E: that Broker has advised that this document has important legal consequences and has recommended consultation `127 with legal and tax or other counsel before signing this Seller Listing Contract. :;2s 3(1 25. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is not 1 resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. s31 Mediators cannot impose binding decisions. The parties to the dispute must agree, in writing, before any 53': settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of 536 such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not 5 z8 resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the 539 other at the party's last known address. 541 5 47 26. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Contract, the 543 arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney and 544 legal fees. 5<+� 54 r 27. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado ''``£` Real Estate Commission.) 5;" n/a 55:I. 28. ATTACHMENTS. The following are a part of this Seller Listing Contract: 554 n/a 55 557 29. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract shall be 558 deemed to inure to the benefit of any person other than Seller, Broker and Brokerage Firm. 30. NOTICE, DELIVERY AND CHOICE OF LAW. 5:52 30.1. Physical Delivery.All notices must be in writing, except as provided in §30.2.Any document, including a signed document or notice,delivered to the other party to this Seller Listing Contract, is effective upon ;gigs physical receipt. Delivery to Seller shall be effective when physically received by Seller, any signator on behalf of 56E Seller, any named individual of Seller or representative of Seller. S67 30.2. Electronic Delivery.As an alternative to physical delivery, any document, including any signed 569 document or written notice may be delivered in electronic form only by the following indicated methods: 511`1 ❑ Facsimile ®E-mail ❑ Internet ❑ No Electronic Delivery. If the box"No Electronic Delivery"is 71 checked, this§30.2 is not applicable and§30.1 shall govern notice and delivery.Documents with original 572 573 signatures shall be provided upon request of any party. z 74 30.3. Choice of Law. This Seller Listing Contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. =�a 31. MODIFICATION OF THIS SELLER LISTING CONTRACT. No subsequent modification of any of the terms 5 ;1 of this Seller Listing Contract shall be valid, binding upon the parties,or enforceable unless made in writing and 582 signed by the parties. 584 32. COUNTERPARTS. If more than one person is named as a Seller herein, this Seller Listing Contract may be 586 executed by each Seller, separately, and when so executed, such copies taken together with one executed by LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 7 of 8 Seller(s)Initials: I Ia CTMeContracts.com-©2013 CTM Software Corp. • Broker on behalf of Brokerage Firm shall be deemed to be a full and complete contract between the parties. 33. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior .,= agreements, whether oral or written, have been merged and integrated into this Seller Listing Contract. -6. 34. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by , Broker, including all attachments. 5`-'52 Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm. ��iT Seller: — Date: Eag a ounty Hou ng and Development Authority By , Commissioner Address:25 Mill Loft, Suite 200 Edwards CO 81632 Phone: (970)328-8776 Fax: (970)328-8782 01 n Electronic Address: kwilliams @valleyhomestore.org (.1.1 {.1 2 it;„,,44 8 4/y4,, Date: 9/9/2013 Broker: Kimberly B. Williams Brokerage Firm's Name: The Valley Home Store Address: 25 Mill Loft Suite 200 Edwards, CO 81632 Ph: 970-328-8776 Fax: 866-611-7237 Electronic Address: kwilliams @valleyhomestore.org — Miff /r Date: 9/9/2013 Broker: Tori Franks Brokerage Firms Name: The Valley Home store Address: 25 Mill Loft, Suite 200 Edwards, CO 81632 Ph: (970)328-8775 Fax: Email: tfranks @valleyhomestore.org LC50-9-12 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT '� C:TtJ7 Saftwarn Corgi. ,... Via..Et Y7<:.31.,�� - r,�[4J.:._ LC50-1-12. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 8 of 8 ,VASeller(s)Initials: CTMeContracts.com-©2013 CTM Software Corp.