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226. Property located at 413 <br />Proctor Ave NW <br />COMMERCIAL LISTING CONTRACT: <br />EXCLUSIVE <br />225. Page 6 <br />Elk River <br />MN 55330 <br />227. ADDITIONAL COSTS: Seller acknowledges that Seller may be required to pay certain closing costs, which may <br />228. effectively increase the cash outlay at closing. <br />229. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): Section 1445 of the Internal Revenue Code <br />230. provides that a transferee ("Buyer") of a United States real property interest must be notified in writing and must <br />231. withhold tax from the transferor ("Seller") if the transferor ("Seller") is a foreign person, provided there are no applicable <br />232. exceptions from FIRPTA withholding. <br />233. Seller represents and warrants that Seller ❑ IS ❑X IS NOT a foreign person (i.e., a non-resident alien individual <br />-------(Check one.)------ <br />234. foreign corporation, foreign partnership, foreign trust, or foreign estate) for purposes of income taxation. <br />235. Due to the complexity and potential risks of failing to comply with FIRPTA, Seller sh"seek appropriate legal and <br />236. tax advice regarding FIRPTA compliance, as Broker will be unable to confirm)ihether Seller is a foreign person <br />237. or whether the withholding requirements of FIRPTA apply. <br />238. AGENCY REPRESENTATION: <br />239. X❑ Seller and/or Lessor will agree to a dual agency representation z d'tyilr consider-qffers'made by buyers and/or <br />240. tenants represented by Broker. <br />241. ❑ Seller and/or Lessor will not agree to a dual agency repreAntapon and yell not consider-Qfferg>by buyers and/ <br />242. or tenants represented by Broker. <br />243. Real Estate Company Name: Partners Real Estate Hn LLC Hardin Companies <br />244. By: <br />(licensee) <br />245. Seller and/or Lessor: <br />246. Seller and/or Lessor: <br />Date: <br />_- Date: - <br />247. OTHER POTENTIAL SELLERS AND/OR LE,SSORS:,Seller apd/or Lesaor understands that Broker may list other <br />248. properties during the term of this,6ont Selliar and/or\Lessur consents to Broker representing such other potential <br />249. sellers and/or lessors before,.d`uring-, and after t6e expiration bf this Contract. <br />250. PREVIOUS AGENCY RELATIONSHIPS: Broker, or isen representing Seller and/or Lessor, may have had a <br />251. previous agency relationship wigs a buyer andior tenant ref Seller's and/or Lessor's Property. Seller and/or Lessor <br />252. acknowledges that ro ems, or liceqee representing -Seller and/or Lessor, is legally required to keep information <br />253. regarding the ultiFnate rice aril terms the buyer and/or tenant would accept and the motivation for buying and/or <br />254. leasing confid6nti4 if known, <br />255. TERMINATION 00-FIDUCIARY DUTItS: Brolker's fiduciary duties, except the duty of confidentiality, terminate upon <br />256. the successful olpsin�,and/or lease of Ithe Property(ies) specified in this Contract or expiration or cancellation of this <br />257. Contract, whichevegr ocdurs first. <br />258. INDEMNIFICATION: Bracer will r9iy on the accuracy of the information Seller and/or Lessor provides to Broker. Seller <br />259. and/or Lessor agrees to in*n)nify and hold harmless Broker from and against any and all claims, liability, damage, <br />260. or loss arising from any misrepresentation, misstatement, omission of fact, or breach of a promise by Seller and/or <br />261. Lessor. Seller and/or Lessor agrees to indemnify and hold harmless Broker from any and all claims or liability related <br />262. to damage or loss to the Property or its contents, or any injury to persons in connection with the marketing of the Property. <br />263. Indemnification by Seller and/or Lessor shall not apply if the damage, loss, or injury is the result of the gross negligence <br />264. or willful misconduct of the Broker. <br />MNC:LC:E-6 (8/20) <br />Minnesota <br />Realtors® <br />TRANSACTIONS <br />TransactionDesk Edlian <br />