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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD OWNER IS ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL. 1 2 3 4 5 6 7 9 10 8 12 11 13 14 16 15 17 18 19 20 21 22 25 24 23 26 27 29 28 31 30 33 32 35 34 37 36 38 39 40 43 41 42 44 47 46 45 COMMISSION AGREEMENT Seller(s) brokers and/or salespersons are licensed by the State of Montana as real estate brokers or real estate salespersons. ©Montana Association of REALTORS®, March 2010 / Seller's Initials Parties: Brokerage Firm PROPERTY: Legal Description: 48 49 Commonly known as City of County of ST Zip The following items are to be left upon the premises as part of the property purchased: electrical, plumbing, and heating fixtures, wood stoves, built-in appliances, screens, storm doors, storm windows, curtain rods, SPECIAL PROVISIONS: 50 Commission Agreement Page 1 of 3 and hardware, attached floor coverings, T.V. antenna, air cooler or conditioner, garage door openers and controls, attached fireplace equipment, mailbox, trees, shrubs and all fixtures, except: The following personal property is also included as part of the property offered for sale for said price: License Disclosure: Brokerage Firm operates a real estate brokerage business and the undersigned Buyer: Subsequent to entry into this Commission Agreement, Brokerage Firm intends to present the Seller with a signed, written purchase offer from a Buyer. All references to the term Buyer refer to the Buyer identified in such purchase offer. Buyer’s Agent: Brokerage Firm is the agent for the Buyer, who desires to make an offer to purchase the Property. Neither Brokerage Firm, Broker or Salesperson are the agent for the Seller and this Commission Agreement is not a listing contract and does not create an agency relationship between Brokerage Firm, and the Seller. The Seller is encouraged to seek his or her own legal counsel or representation. Agreement to Pay Commission: In the event the Buyer and Seller enter into a written agreement for the sale and purchase of the Property, during the term of this Agreement, Seller agrees to pay Brokerage Firm a commission equal to percent of the sales price, or a flat fee of Said commission shall be payable upon the earlier of closing of such agreement or upon the Seller’s default on such agreement. If such agreement does not close, other than as a result of the Seller’s default, Seller shall not owe Brokerage Firm a commission. If within days of the expiration or termination of this Agreement, the Seller enters into an agreement to sell or does sell the Property to the Buyer, the Seller shall immediately pay Brokerage Firm the commission as set forth above. Seller authorizes the closing agent to directly disburse the commission to Brokerage Firm. . Montana Connections Business Development Park Regent Realty TBD Butte Silver Bow MT 59701 Potential Buyer is interested in this property as a location for a natural gas-fired power plant. 5% n/a 365 This form presented by Anita Bailey I Regent Realty I (406) 240-3942 I [EMAIL REDACTED] ---PAGE BREAK--- 61 62 64 65 63 67 66 68 69 71 70 72 73 74 75 76 77 80 79 78 81 82 84 83 86 85 88 87 90 89 92 91 93 94 95 96 a purchase agreement is pending shall not relieve the Seller of paying the commission as set out in this ©Montana Association of REALTORS®, March 2010 / Seller's Initials Seller Representations: The Seller represents as follows: Term: This Commission Agreement shall commence on the Commission Agreement Page 2 of 3 51 52 53 54 55 56 57 58 59 60 day of , and expire on the day of , . Expiration or termination of this Agreement, while Agreement. a. Seller is the owner of and has the unrestricted right to sell the Property; b. Title to the Property is marketable and is free and clear of all encumbrances, except zoning ordinances, building and use restrictions, reservations in federal patents, easements of record, special improvement or rural improvement district assessments, real property taxes and those liens and encumbrances, which are to be discharged upon sale of the Property; c. The Property and its improvements, including without limitation its structural components, equipment, appliances, heating, cooling, water, electrical, and sanitary systems, are in good working condition, except as follows: ; d. If the property is inhabitable real property, as defined by Montana Code Annotated §75-3-602, the Seller represents that to the best of his knowledge that the Property has not been tested for radon gas and/or radon progeny and that the Property has has not received mitigation treatment for radon gas and/or radon progeny; has e. If the property is inhabitable real property, as defined by the Montana Mold Disclosure Act, the Seller has has no knowledge that the building(s) on the property have mold present. If Seller knows a building located on the property has been tested for mold, Seller agrees to provide the Buyer a copy of the results of that test (if available) and evidence of any subsequent mitigation or treatment. f. If the Property includes a residential dwelling, as defined by 42 U.S.C. §4851b, which was built before 1978, Seller has has no knowledge of lead-based paint and/or lead-based paint hazards on the property. (If Seller has knowledge of lead-based paint and/or lead-based paint hazards on the property he agrees to provide all pertinent reports and records concerning his knowledge and to fully cooperate with the making of the required disclosures.) Brokerage Firm has advised the Seller of his obligations under 42 U.S.C. §4852 to make lead-paint disclosures and Brokerage Firm’s obligation to ensure that the Seller satisfies this obligation; g. That Seller will fully cooperate with Brokerage Firm in regard to providing information concerning the Property and that all information given by the Seller is or shall be true, accurate and complete; h. That the Seller will provide reasonable access to the Property for Brokerage Firm, the Buyer and their designees for the purposes of showing, inspections, and appraisals; i. That the Seller has received Relationships in Real Estate Transactions (Combined Explanation and Disclosure); and j. That the Owner has read, understood and received a signed copy of this Agreement, and fully understands that this Commission Agreement is not a listing agreement, and that neither Brokerage Firm, Broker or Salesperson are acting as the Seller’s Agent, but rather are the agent for the Buyer. This form presented by Anita Bailey I Regent Realty I (406) 240-3942 I [EMAIL REDACTED] 1st April 2015 1st April 2016 ---PAGE BREAK--- 107 108 110 111 109 113 112 114 115 117 116 118 119 120 121 122 123 126 125 124 127 128 130 129 132 131 134 133 136 135 138 137 status, age and creed. All parties to this contract shall deal in a free and open manner according to ©Montana Association of REALTORS®, March 2010 / Seller's Initials Fair Housing: The Civil Rights and Fair Housing Laws of the United States and Montana prohibit housing Commission Agreement Page 3 of 3 106 discrimination on the basis of race, religion, sex, national origin, color, handicap, familial status, marital said law. 97 98 99 100 101 102 103 104 105 General Provisions: This Agreement is binding upon the heirs, successors, and assigns of each of the parties hereto. This Agreement may not be amended, absent the signed, written consent of both Seller and Brokerage Firm. In any action brought by the Seller or Brokerage Firm to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to such reasonable attorney fees as the court or arbitrator shall determine just. BROKERAGE FIRM’S LIABILITY FOR DAMAGES SUFFERED BY SELLER IS LIMITED TO THE FEES PAID BY THE SELLER TO BROKERAGE FIRM PURSUANT TO THIS AGREEMENT. Brokerage Firm Signature of Seller Date Signature of Broker Date Signature of Seller Date Signature of Salesperson Date Seller's Mailing Address Phone Number Seller's Phone Seller's Name The parties hereto, all agree that the transaction contemplated by this document may be conducted by electronic means in accordance with the Montana Uniform Electronic Act. NOTE:Unless otherwise expressly stated the term “Days” means calendar days and not business days. Business days are defined as all days as except Sundays and holidays. Any performance which is required to be completed on a Saturday, Sunday or a holiday can be performed on the next business day. knowledge that the Property has has not been used as a clandestine has has not been remediated. has has not submitted documentation to MDEQ that the Property has been remediated; or the Seller has has not submitted documentation to MDEQ that the Property meets the applicable decontamination standards without needing any further decontamination. k. If the property is inhabitable real property, the Seller represents to the best of his Methamphetamine drug lab and that the Property Moreover, the Seller l. Seller hereby affirms that Seller is not a party to a current, valid exclusive agreement to provide the same type of real estate services as set forth above. 139 Montana Connections Business Development Park Regent Realty This form presented by Anita Bailey I Regent Realty I (406) 240-3942 I [EMAIL REDACTED] Al Dunlap