Fill and Sign the This Agreement Made by and between Amp Form

- 1 - LISTING AGREEMENT THIS AGREEMENT made by and between ________________________________ & _____________________________________, hereinafter collectively referred to as "Owner," and “Broker." Recitals: 1. Owner is the owner of that certain real property situated in ____________________ County, State of ______________________, commonly known as ___________________________________ and hereinafter referred to as the "Property," and more particularly described as (legal description): 2. Owner desires to sell the Property and, accordingly, Owner desires to grant to Broker the [exclusive and irrevocable] right to sell the Property in accordance with the provisions of this Agreement. Broker is a duly licensed real estate salesman [or broker] in the State of ______________________, and desires to have the [exclusive] authority to sell the Property in accordance with the provisions of and for the compensation provided for in this Agreement. THEREFORE, Owner and Agent agree as follows: 1. Grant of Right. Owner hereby grants to Broker the [exclusive and irrevocable] right, commencing on ________________________, and expiring at ________.m. on ___________________, to sell the Property. 2. Personal Property Included. In addition to the real property described above, the Property to be sold [or exchanged or sold] includes the personal property itemized in the inventory attached hereto as Exhibit ____, which exhibit is incorporated in and made a part of this Agreement. 3. Incorporation of Information Checklist. As a further description of the Property, the parties have jointly prepared statements and information, which appear in the Property Information Checklist, which checklist is attached to and incorporated in this Agreement as Exhibit A. 4. Terms of Sale. The selling price of the Property shall be $_____________ which shall be paid on the following terms: _______________________________________________________________________________or at such price and terms as shall be acceptable to Owner, and to accept a deposit thereon. 5. Open Listing. This Agreement is commonly known in the trade as an open listing and if, during the period of this Agreement, the sale of the Property is consummated and the deed or other
Instruments relating thereto issue, a public notice in the trade shall be issued and the market in the county in which the property is located shall commence at such time as a public market in that county is established and at such price as agreed herein, in which sale, pursuant to the provisions of this agreement and this notice, the foregoing sales and open listing provisions shall apply thereto. 6. Deed transfers. Before the closing and sale of the above specified property, no deed or other instrument, and no title to real property shall belong to the buyer of this property as if the same had been acquired by a mortgage or a deed of trust, except that any such conveyance shall be subject to the provisions of section 20 of chapter 6; otherwise, the foregoing shall apply except as modified herein below. 7. Mortgagors and lenders shall be excluded, but not before the closing of the sale and before the closing of the deed or other instrument relating thereto. 8. Property acquired by mortgagee. Notwithstanding the foregoing provisions of this agreement, the property to be sold shall be sold by a mortgagee. Moneys purchased by a mortgagee shall be paid to and held by the mortgagee, except that the mortgagee shall hold the mortgage note as collateral, notwithstanding the provisions of section 20 of chapter 6, and shall not be entitled to hold or receive any of the proceeds of the sale of the property. Such payment to the mortgagee shall be made to the mortgagee, with interest to be computed under a written agreement between the mortgagee and lender and the lender shall receive the interest at the maturity or upon payment of the balance due and unpaid at the time of such maturity or payment. The lender shall also retain the lien title if a lien had been perfected in accordance with the laws of this commonwealth. 9. Lenders. Upon closing a deed or other instrument relating to the above specified property, a lender shall pay to the broker the amount which will, through all such lenders, and other persons specified in the lien deed as a result thereof, equal the value of the property to be sold to the broker in accordance with the provisions of section 20 of chapter 6 of this code, in lieu of a mortgage or other lien, unless such lender sells the property to the broker, in accordance with the provisions of section 20 of chapter 6 of this code. Any payment made by a lender, other than a mortgagee, to the broker shall be subject to a lien, except the lien for a mortgage or other lien.