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HomeMy WebLinkAbout00410C - GROUP ONE REALTY PROPERY BROKER APN 505-182-004 505-182-010 t` CALIFORNIA EXCLUSIVE AUTHORIZATIGAND RIGHT TO SELL ASSOCIATION LEASE, EXCHANGE OR OPTION 10— OF REALTORS® /(FOR COMMERCIAL OR INCOME PROPERTIES) 1. EXCLUSIVE AUTH RIZATION: C i T- aeAiliil AMD 7"W'� ? DzWkOP&,-AlT �C'N E ("Owner') hereby employs and grants � it R. A/,.Ty ("Broker') the exclusive and irrevocable right, commencing on (date) <I_ �a � 2ao I and expiring at 11:59 P.M.on(date) -AA] I$� 2-ado2- , ("Listing Period")to SELL, E) LEASE,' ❑ EXCHANGE, ❑ OPTION,or ❑ OTHER the real property in the City of Ay6 County of V l/ERS I D E Calif 'a, described as: V`Ae illili AND PROX I ` �- Lt kffS 'T' Ix/OA7},f f.Y! U�► 0ti -1 �7 -reye z III AND ("Property"). 2. TERMS OF SALE: A o py 'T e listing price shall be FiVr kLLn10ill 5,V,5NT� F1V Er -7—H011AJI) L t ($ 51 00t7` B. PERSONAL PROPERTY: The following items of personal property are included in the above orice: / s Group One Realty C. ADDITIONAL TER S: i Exc Authorization to Sell A AGREEMENT #410C R1115, 1-3-01 3. MULTIPLE LISTING SERVICE: Information about this listing X will, ❑ will not, be provided to a multiple listing service ("MLS") of Broker's selection and all terms of the transaction, including, if applicable, financing, will be provided to the MLS for publication, dissemination and use by persons and entities on terms approved by the MLS.Owner authorizes Broker to comply with all applicable MLS rules. 4. TITLE:Owner warrants that Owner and no other persons or entities have title to the Property, except as follows: 5. COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Owner and Broker. A. Owner agrees to pay to Broker as compensation for services irrespective of agency relationship(s): ❑ percent of the listing price (or if a contract is entered into, of the contract price), ❑ $ OR ❑ in accordance with Brokers attached schedule of compensation;AND as follows: (1) If Broker, Owner, cooperating broker, or any other person, produces a transferee(s) who offers to agere the Property on the above price nd terms, or on any price and terms acceptable to Owner during the Listing Period, or any extension; (2)If within calendar days after expiration of the Listing Period or any extension, the Property is sold, conveyed, leased, rented, exchanged, optioned, or otherwise transferred to any party or entity in which Owner has an ownership Interest, or to anyone with whom Broker or a cooperating broker has had negotiations, provided that Broker gives Owner, prior to or within 5 calendar days after expiration of the Listing Period or any extension, a written notice with the names) of the prospective transferees. However, if a written offer has been submitted by such a prospective transferee, then It shall not be necessary to include the offeror's name on the notice. "Negotiations" shall conclusively be deemed to have occurred with a prospective transferee if Broker (or any cooperating broker) showed the Property to such person, prepared or submitted to Owner such person's offer to acquire, lease, exchange for, or obtain an option on the Property, or submitted written information regarding the Property to such prospective transferee at the request of such person. "Negotiations" shall not be deemed to have occurred upon the mere furnishing to a prospective transferee by Broker of unsolicited information concerning the Property. (3)If, without Broker's prior written consent, the Property is (i) withdrawn from market; (ii) sold, conveyed, leased, rented, exchanged, optioned, or Otherwise transferred; or(iii) made unmarketable by a voluntary act of Owner during the Listing Period, or any extension. B. If Owner enters Into a listing agreement with another broker within the time period set forth in paragraph 5A(2), Owner shall provide to such broker the names of prospective transferees with whom Broker has had negotiations, as supplied to Owner by Broker. J tjC. If completion of the transaction Is prevented by a party to the transaction other than Owner, then compensation due under paragraph 5A shall be payable only if and when Owner collects damages by suit, settlement, or otherwise, and then in an amount 'Q equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow ., expenses and the expenses of collection, if any. D. In addition, Owner agrees to pay: E. Broker is authorized to cooperate with other brokers, and divide with other brokers the above compensation In any manner acceptable to Broker; F. Owner hereby Irrevocably assigns to Broker the above compensation from Owner's funds and proceeds In escrow. G. Owner warrants that Owner has no obligation to pay compensation to any other broker regarding the transfer of the Property, Fr'� except: If the Property Is transferred to anyone listed above during the time Owner is obligated to compensate another broker: (a) Broker ] is not entitled to compensation under this Agreement and (b) Broker Is not obligated to represent Owner with respect to such transaction. . Owner and Broker ack k elpt of copy of this page,which constitutes&IN 3 Pages ' Owner's a Broker's Irn ac THIS FORM HAS BEEN APPROVED BY THE LIFORNIAASSOCIATION OF REALTORS'(C.A.R.).NO REPRESDEAS TO THE LEGAL VALIDITY ORADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PED TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL The copyright laws of the United States(17 U S Code)forbid the unauthorized reproduction of this form or any portion thereof,by photocopy machine or any other means,including facsimile or computerized formats Copyright©1997-1998,CALIFORNIA ASSOCIATION OF REALTORS&INC ALL RIGHTS RESERVED Published and Distributed by — OFFICE USE ONLY REAL ESTATE BUSINESS SERVICES,INC Reviewed by Broker 1 a subsidiary of the CALIFORNIA ASSOCIATION OF REAL TORSO REVISED 4198 or Designee 525 South Virgil Avenue,Los Angeles,California 90020 Date eouu xouswc olroxruxm R NOV9 PRINT DATE TE BROKER'S COPY EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL.LEA E,E H E R PT ((�C,L 4�AGE 1 OF1 ..� g X� q�G JAL AGE Y3 tXl:LU51Vt AU IHO"—'I IUNAWL I-MHI iEr'S'E7'L';`L`Ehh;S`E; 'XC:fi71,t�IG`E_k_fll,_,- ,, `i`I . r___`e_ I , I Property Address .Lt_ ,�- - ,,(I .1 �) _ _ - Date 6. BROKER'S AND OWNER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement,and is authorized to advertise and market the Property in any medium selected by Broker.Owner agrees to consider offers presented by Broker, and to act in good faith toward accomplishing the transfer of the Property. Owner agrees to immediately refer to Broker any party interested in the Property.All negotiations are to be disclosed to Broker. Owner agrees to provide Broker and transferee(s) all written disclosures, as required by law. Owner further agrees to immediately disclose in writing any condition known to Owner which affects the Property,including,but not limited to,any past or current,generation,storage, release,threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous,toxic�r contaminated substance or condition in, on, or about the Property. Owner shall maintain public liability and property damage insurance on the Property during the Listing Period or any extension. Owner waives all subrogation rights under any insurance against Broker, cooperating brokers or employees. Owner further agrees, regardless of responsibility, to Indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney's fees arising from any incorrect information supplied by Owner,whether contained in any document,omitted therefrom, or otherwise, or from any material facts which Owner knows but fails to disclose. (If checked:)❑The attached property disclosure is part of this Agreement and may be provided to prospective transferees. 7. AGENCY RELATIONSHIPS: Broker shall act as the agent for Owner in any resulting transaction. Depending upon the circumstances, it may be necessary or appropriate for Broker to act as an agent for both Owner and buyer, exchange party, or one or more additional parties ("Buyer"). Broker shall, as soon as practicable, disclose to Owner any election to act as a dual agent representing both Owner and Buyer. If a Buyer is procured directly by Broker or an associate licensee in Broker's firm,Owner hereby consents to Broker acting as a dual agent for Owner and such Buyer. In the event of an exchange, Owner hereby consents to Broker collecting compensation from additional parties for services rendered, provided there is disclosure to all parties of such agency and compensation. Owner understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or purchase through Broker, property the same as or similar to Owner's Property. Owner consents to Broker's representation of principals of other properties before, during, and after the expiration of this Agreement. 8. DEPOSIT: Broker is authorized to accept and hold on Owner's behalf a deposit to be applied toward the contract price. 9. LOCKBOX: r �, A. A lockbox is designed to hold a.key to;fhe Property to permit access to the Property by Broker, cooperating brokers, MLS participants, their authorized licensees Iand representatives, and accompanied prospective buyers. B. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS@ are not insurers against theft, loss, vandalism, or damage attributed to the use of a lockbox. Owner is advised to verify the existence of, or obtain, appropriate insurance through Owner's own insurance broker. C. (If checked:) ❑ Owner authorizes Broker to;jrislfalr,a lockbox. If Owner does not occupy the Property, Owner shall be responsible for obtaining occupant(s)'vdriren permission for use of a lockbox. 10. SIGN: (If checiced:);O Owner authorizes Broker to install a FOR SALE/FOR LEASE/SOLD/LEASED sign on the Property. 11. DISPUTE RESOLUTION: A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action,subject to paragraph 11 C below. Mediation fees, if any, shall be divided equally among the parties involved. if any party commences an action based on a dispute or claim to which this paragraph applies, without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney's fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. AFISITPLWMN OF DISPUTES: Ouynao and Broker agree that any dispute 4Dr Claim arising between them ragarding,lire obligatlon to pay compensaClon under this Agreement, tvhtch is rt"A settled through oxuediladon, shalt be decided by neutral, Nndlny arbitration, subjeee to paragraph ]1C bslouv. The., avbitrator shall be a retired judcgr cr j=Vcs, dor an attorney vvlfih at Beast Gaye Vears of, raal] esitate tvaansactienat law experience, unless the Ioardes muWally agvae to ;a diHarent avNi rator,who shall render an avverd'ooa aocovdaaace oruitla substantive California Law. Ern at otheir the arbltratlon shail be conducted in accordance lUlth Part Iil, Title 9 of the California Code o4 Civil Procedure.,Dundgroaent upon the award ofr the arbltvator(s) may be enteved in any court fraying Jurisdiction.The pneties shall have the right to discovery In accordance wuith Code c4 Civii Pvai;sduve§1233.05. "uWTtl 'CE: 13,Y I NUT tALIMG, IN TIME SPlSeE EOELLOW YOU ARE AGR SING TO bIAVE ,`bHif Ev SPU T` _�,,sxfS>idjOR OIJT Or THE MA1 T EAS INCLUDES) IN THE °ARS179 ,1T I00 M OF 0ISPN7 T GS° PRO°19I910H DEOIIDC g 1,511' 65EI_r)7RAL FRSt a I ATION AS PROV0ED BY CALIPOGtMLA LXT1 YINCYJ VOU ADE GJIt ING UP ASIX IIK22d'7'0 ;YOD Id(IIGH T POSSESS TO H,IWE 7HE DV iH 7i ALIHQ lH THE SPACE DELOW YOU AFRE IOC VK3 9O, UP VOP.R JUDI VAL rruMn ITS 0 tf0C*1 E''RY AND AFSP ,!CL, UIMLESS THOSE Fr37HITS APS SPELIFIOaaLL`' INCLUDED IN THE °t�HDITRATIOM OF DISPI]TL9S" PROVISION. IF YOU REFUSE TO S>SB07 TO AHBB 7[1-%TION AF T EI�AG,REMMO TO THIS PR,,OJ 9ISirJ 9,VOP I YYAV DE COMPELLED TO AAB� TRA7F UMDEM THE AU17H( [0IT'1 OF THE CALIFORNIA CODE OF UVIL PROCEDURE. OUR AGREE-MDNT TO Ti-N3 AMPMTPATIQIA PM0V=N I3 VOLUNT'ARV" "'WE HAVE BEAU AND UN DaER87AND 7HE FOREO,®ING AND AM= TO SUBMIT DISPUTES Al,181 A.�, OUT Or THE MATTERS INCLUDED IN THE 'AP0ITRATI0N Or DISPUTES' PROVISION TO NZUTP�AL AR01IT2ATION." Owner's hiitials / /_/ Broker's Inifials _ C. EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (a) A judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (b) An unlawful detainer action; (c) The filing or enforcement of a mechanic's lien; (d)Any matter which is within the jurisdiction of a probate,small claims, or bankruptcy court; and (a)An action for bodily iniury or wrongful death, or for latent or patent defects to which Code of Civil Procedure§337.1 or §337.15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction,or other provisional remedies,shall not constitute a violation of the mediation and arbitration provisions. 12. EQUAL HOUSING OPPORTUNITY:The Property is offered in compliance with federal, state, and local anti-discrimination laws. 13. ATTORNEY'S FEES: In any action, proceeding, or arbitration between Owner and Broker regarding the obligation to pay compensation under this Agreement,the prevailing Owner or Broker shall be entitled to reasonable attorney's fees and costs,except as provided in paragraph 11A. �.' OFFICE USE ONLY Owner and Broker-acknowledgel2ceipt of copy of this page,which constitutes Page2,of Pages. Reviewed by Broker Owney'sdniiials(ter-�'.- Broker's Initials(""`:'i .)``( ) cr Designee eouu xaus,xc Y , Date xaroxxuxm REVISED 4198 PRINT DATE ' R NOV 99 ^ CVi I ICI\/F'AI lTWnP17AT1nM AKin PIf'14T Trl CFI I I FACE PYr HANRF f1P f1PTIf1N!A(`I 1A PA[.F 9 f1F 11 7 Group One Realty s Broker Agr PUBLIS AND DISTRIBUTED BY REAL ESTATE BUSINESS SERVICES.INC. AGREEMENT #410C R1113, 10-18-00 rr- -7 , \� CALIFORNIA EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL, ASsoCIATION LEASE, EXCHANGE OR OPTION �.� OF REALTORSO (FOR COMMERCIAL OR INCOME PROPERTIES) 1. EXCLUSIVE AUTHORIZATION: .per �' �RInIGS �'7JEYz'.,opmcwr ,4gp4C.y {"Owner") hereby employs and grants RO P CJ/JE ("Broker') the exclusive and irrevocable right, commencing on (date) o and expiring at 11:59 P.M.on(date) ,("Listin Pe iod")to: SELL, A� / E, ❑ OPTION,or ❑ OTHER GA?IA;, the real property in the City ofounty California, described as: 10 5'- /9s a- 0 0 ("Property"). 2. TERMS OF SALE; A. LIST-P�RICCF,,Th�i�no price shall be_47 VC #t 6N.DR tv D ,�'EV 5- TY f l V�' Tf_fnii Xf AAb B. PERSONAL PROPERTY: The following items )f pgrserial property are included in the above price: C. ADDITIONAL TERMS: 3. MULTIPLE LISTING SERVICE: Information about this listing X will, ❑ will not, be provided to a multiple listing service ("MLS") of Broker's selection and all terms of the transaction, including, if applicable, financing, will be provided to the MLS for publication, dissemination and use by persons and entities on terms approved by the MLS. Owner authorizes Broker to comply with all applicable MLS rules. 4. TITLE:Owner warrants that Owner and no other persons or entities have title to the Property, except as follows: 5. COMPENSATION TO BROKER: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker individually and may be negotiable between Owner and Broker, A. Owner agrees to pay to Broker as compensation for services irrespective of agency relationship(s): 9 0 percent of the listing price (or If a contract Is entered into, of the contract price), ❑ $ OR ❑ in accordance with Brokers attached schedule of compensation;AND as follows: (1) If Broker, Owner, cooperating broker, or any other person, produces a transferees)who offers to aquire the Property on the above price and terms, or on any price and terms acceptable to Owner during the Listing Period, or any extension; (2)If within �oL calendar days after expiration of the Listing Period or any extension, the Property is sold, conveyed, leased, rented, exchanged, optioned, or otherwise transferred to any party or entity in which Owner has an ownership interest, or to anyone with whom Broker or a cooperating broker has had negotiations, provided that Broker gives Owner, prior to or within 5 calendar days after expiration of the Listing Period or any extension, a written notice with the name(s) of the prospective transferees. However, if a written offer has been submitted by such a prospective transferee, then it shall not be necessary to include the offerors name on the notice. "Negotiations" shall conclusively be deemed to have occurred with a prospective transferee if Broker(or any cooperating broker) showed the Property to such person, prepared or submitted to Owner such person's offer to acquire, lease, exchange for, or obtain an option on the Property, or submitted written information regarding the Property to such prospective transferee at the request of such person. "Negotiations" shall not be deemed to have occurred upon the mere furnishing to a prospective transferee by Broker of unsolicited information concerning the Property. (3)If, without Broker's prior written consent, the Property is(i) withdrawn from market; (ii) sold, conveyed, leased, rented, exchanged, optioned, or otherwise transferred; or(Ill) made unmarketable by a voluntary act of Owner during the Listing Period, or any extension. B. If Owner enters into a listing agreement with another broker within the time period set forth in paragraph 5A(2), Owner shall provide to such broker the names of prospective transferees with whom Broker has had negotiations, as supplied to Owner by Broker. C. if completion of the transaction is prevented by a party to the transaction other than Owner, then compensation due under paragraph 5A shall be payable only if and when Owner collects damages by suit,settlement, or otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first deducting title and escrow expenses and the expenses of collection, if any. D. In addition, Owner agrees to pay, E. Broker is authorized to cooperate with other brokers, and divide with other brokers the above compensation In any manner acceptable to Broker; F. Owner hereby irrevocably assigns to Broker the above compensation from Owner's funds and proceeds In escrow G. Owner warrants that Owners no o¢Ilg tion t640 ap yporIl ensation t any"�er re a trig the transfer of the Property, except �`���A►`'�`/�((,•�Q0 n 40 I- ,I C 12 I If the Property is transferred to anyone listed above during the time Owner is obligated to compensate another broker: (a) Broker )s not.entitled to compensation under this Agreement and (b) Broker is not obligated to represent Owner with respect to such W a�saction. Owner and Broker a r eipt of copy of this page,which constitutes Page 1 of .3 Pages W Owner's Initials) ( ) ( ) Broker's Initials f ) ( ) . •1NIS'I:. ' t-rgS BEEN APPROVED BY THE CAUFORNIA ASSOCIATION OF REALTORS®(C A.R).NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR L •ADEO Acx.0j ANY PROVISION IN ANY SPECIFIC TRANSACTION A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE 1RAN8AC]lOo s.IF YOU DESIRE LEGAL OR TAX ADVICE,CONSULT AN APPROPRIATE PROFESSIONAL 'The copym60 aws of the United Stales(17 U S Code)forbid the unauthorized reproduchon of this form or any portion Mereoi,by photocopy machme or any other means,Including facsimife or computerized formats Copyright 01997-1998,CAUFORNIAASSOCIATION OF REALTORS®INC ALL RIGHTS RESERVED Published and Distributed b APPROVED [� I,�� OFFI USE ONLY w � 1 ��r�Tr= Y � E I]� �� ��/{ �/Yi t$ fe ed Ife� i i1R o,ICIpIGCC CFRA/I(`FC IM(` Property Address_ � d �� 60V Date 6. BROKER'S AND OWNER'S DUTIES: Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement,and is authorized to advertise and market the Property in any medium selected by Broker.Owner agrees to consider offers presented by Broker, and to act in good faith toward accomplishing the transfer of the Property. Owner agrees to immediately refer to Broker any party interested in the Property.All negotiations are to be disclosed to Broker. Owner agrees to provide Broker and transferee(s) all written disclosures, as required by law. Owner further agrees to immediately disclose in writing any condition known to Owner which affects the Property,including,but not limited to,any past or current,generation,storage, release,threatened release, disposal, and presence and location of asbestos, PCB transformers, petroleum products, flammable explosives, underground storage tanks and other hazardous,toxic or contaminated substance or condition in, on, or about the Property. Owner shall maintain public liability and property damage insurance on the Property during the Listing Period or any extension. Owner waives all subrogation rights under any insurance against Broker, cooperating brokers or employees. Owner further agrees, regardless of responsibility, to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments and attorney's fees arising from any incorrect information supplied by Owner, whether contained in any document, omitted therefrom, or otherwise, or from any material facts which Owner knows but fails to disclose. (If checked:)❑The attached property disclosure is part of this Agreement and may be provided to prospective transferees. 7. AGENCY RELATIONSHIPS: Broker shall act as the agent for Owner in any resulting transaction. Depending upon the circumstances, it may be necessary or appropriate for Broker to act as an agent for both Owner and buyer, exchange party, or one or more additional parties ("Buyer"). Broker shall, as soon as practicable, disclose to Owner any election to act as a dual agent representing both Owner and Buyer. If a Buyer is procured directly by Broker or an associate licensee in Broker's firm, Owner hereby consents to Broker acting as a dual agent for Owner and such Buyer. In the event of an exchange, Owner hereby consents to Broker collecting compensation from additional parties for services rendered, provided there is disclosure to all parties of such agency and compensation. Owner understands that Broker may have or obtain listings on other properties, and that potential buyers may consider, make offers on, or purchase through Broker, property the same as or similar to Owner's Property. Owner consents to Broker's representation of principals of other properties before, during, and after the expiration of this Agreement. 8. DEPOSIT: Broker is authorized to accept and hold on Owner's behalf a deposit to be applied toward the contract price. 9. LOCKBOX: //� n A. A lockbox is designed to hold a key{j(o j he P�o to permit access to the Property by Broker, cooperating brokers, MLS participants, their authorized Iicens a and/re a entatives, and accompanied prospective buyers. B. Broker, cooperating brokers, MLS and Associations/Boards of REALTORS@ are not insurers against theft, loss, vandalism, or damage attributed to the use of a lockbox. Own r is advised to verify the existence of, or obtain, appropriate insurance through Owner's own insurance broker. C. (If checked:) ❑ Owner authorizes Brok 1st II a lockbox. If Owner does not occupy the Property, Owner shall be responsible for obtaining occupant(s)'written permission for use of a lockbox. 10. SIGN: (If checked:) Xi Owner authorizes Broker to install a FOR SALE/FOR LEASE/SOLD/LEASED sign on the Property. 11. DISPUTE RESOLUTION: A. MEDIATION: Owner and Broker agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 11 C below. Mediation fees, if any, shall be divided equally among the parties involved. If any party commences an action based on a dispute or claim to which this paragraph applies, without first attempting to resolve the matter through mediation, then that party shall not be entitled to recover attorney's fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: Owner and Broker agree that any dispute or claim arising between them regarding the obligation to pay compensation under this Agreement, which is not settled through mediation, shall be decided by neutral, binding arbitration, subject to paragraph 11C below. The arbitrator shall be a retired judge or justice, or an attorney with at least five years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator,who shall render an award in accordance with substantive California Law. In all other respects,the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.The parties shall have the right to discovery in accordance with Code of Civil Procedure§1283.05. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Owner's Initials _/ /_/_ Broker's Initials _ C. EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (a) A judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (b) An unlawful detainer action; (c) The filing or enforcement of a mechanic's lien; (d)Any matter which is within the jurisdiction of a probate, small claims, or bankruptcy court; and (e)An action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337 15 applies. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies,shall not constitute a violation of the mediation and arbitration provisions. 12. EQUAL HOUSING OPPORTUNITY: The Property is offered in compliance with federal, state, and local anti-discrimination laws. 13. ATTORNEY'S FEES: In any action, proceeding, or arbitration between Owner and Broker regarding the obligation to pay compensation under this Agreement,the prevailing Owner or Broker shall be entitled to reasonable attorney's fees and costs,except as provided in paragraph 11A. OFFICE USE ONLY ''d Broke ck wle e t of copy of this page,which constitutes Page 2 of Pages. Reviewed by Broker s Iditial ( ( ) ( ) ( ) Broker's Initials(—) ( ) or Designee Date o p Iiirry REVISED 4/98 PRINTDATE R NOV 99 BROKER'S COPY EXCLUSIVE AUTHORIZATION AND RIGHT TO SELL,LEASE,EXCHANGE OR OPTION(ACI-14 PAGE 2 OF 3� _ _ �nvw.n r nv r r rvnreru rvn nnv nraar r r r v.a���..w�..a�._�nvr rnnv�vn yr r rvn rew rt rw�a v. o 1 NOV 99 Property Address &dA� T L 'd- 0/o Date 14. ADDITIONAL TERMS: ASH 10 r EC•CE okD A Is - /S 15. ENTIRE CONTRACT:All prior discussions, negotiations, and agreements between the parties concerning the subject matter of this Agreement are superseded by this Agreement, which constitutes the entire contract and a complete and exclusive expression of their agreement, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. This Agreement and any supplement,addendum,or modification,including any photocopy or facsimile,may be executed in counterparts. This Agreement and any addenum or modification shall be binding upon, and inure to the benefit of, the heirs, successors and assignees of the parties. i` %y her warrants that Owner is the owner of the Property or has the authority to execute this contract. Owner acknowledges tfiat•Owner has read and understands this Agreement and any attached schedule of compensation, and has received copies t. California uti f Address By G� Its Phone Fax Approved as to form: Agency Counsel: Date at ,California Owner .Address By Its Phone Fax Date at ,California Owner Address By Its Phone Fax Date at ,California Owner Address By Its Phone Fax In consideration of the above, Broker agrees to use,fIigence in the performance of this Agreement. / Real Ester Broker E �,14 Address /d / �C-�LvLEt2G4.�i r Phone Fax y UJI This form is available for use by the entire real estate industry.It r not intended Page 3 of Pages. I� OFFICE USE ONLY ^' I ocn,mR RFAI TnR is a registered collective I Reviewed by Broker rcli8Ifu-W P62 £r NE4 SECIQ T, 45.. R4E -az'r 'lPET IOF-2OD •aw-oaf - :, i -�- WEST— T 1 STEVENS 1 --�-� •J cr: ROAD----- .- 1L /• � IC [liy' Alola b _ �R.Y�":"��'-_Y LI/ fRA O'!-0Lif � iffl I TAI al-02!jo r si 1 __ .a� i.w• « d I .ter. r d � _ a.a _ G Il I ` � v G CWIND--.�� 1 a.zi_ •. y �i+'��r '1� x 1 Z 1 3 O5 ff Je rti I ,io �, I •.. V.N . 4. ! t}� Q �I 4 Ex bl O Hld1. I , ffr fi V • I li+a � & �,s"-�:. I 3 6 J! - j� � q V IRAr DJI it 'i A 1 7 i JD •1111 I 00 , .,.�. I , $ � V � V i l"l J wti %•aster mar! TAA ' OwAiO i I .,..t ... •� - 1 H Jot t CAL + �- .J'7' i'.c. +_-NFRFOA -��•_,._ L. rtt a c �BJr �y 0 to rf i ro_ )) _x.l- — — _, �'� i � .i 1D7<cJYt ti I JJ<b• _ i lsr,.r N 'm Jl ro In" tl y Ic 74 , _ � , f`a' G IS.]O .SL4 y ' •�a I '• ` u sa I I t3 >� M.B. 15115-16 LAS PAGNAS ESTATES I ¢K L f M B./71 34 MLM-%"WS ESTATES Na 3 ^• M.8 6&14 kSZ4Q;dSbAVON I s Mf 62Y7/96,9T Tian No. 17943 CM.QW-V lJosz7�ry ASSESSOR'S MAP COMFY CA F f9 M.fl l3Pi34.35 I80TT CM.43/I69-!TS AVVERSlO£ CA'M'TY, CALIF. ® _ J tcusT ism 4S I � G IJ