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Wb-2 Farm Listing Contract

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Wb-2 Farm Listing Contract 0 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 DISTRIBUTED BY WISCONSIN REALTORS® ASSOCIATION 0 CLWB-02 1 2 3 Approved by Wisconsin Department of Regulation and Licensing WISCONSIN REALTORS® ASSOCIATION 4 10-1-08 (Optional Use Date) 1-1-09 (Mandatory Use Date) 4801 Forest Run Road 5 Madison, Wisconsin 53704 1 6 WB-2 FARM LISTING CONTRACT - EXCLUSIVE RIGHT TO SELL 7 Page 1 of 5, WB-2 8 1 SELLER GIVES BROKER THE EXCLUSIVE RIGHT TO SELL THE PROPERTY ON THE FOLLOWING TERMS: 9 2 I PROPERTY DESCRIPTION: Street address is: 10 3 in Section 11 4 in the of , County of , Wisconsin. (Total acreage and 2 12 5 breakdown of tillable, pasture or wood lot acreage, etc, may be stated at lines 272-283, or attached as an addendum 13 6 per lines 284-287.) Insert additional description, if any, at lines 272-283 or attach as an addendum per lines 284-287. 14 7 I LIST PRICE: Dollars ( $ ). 15 8 I INCLUDED IN LIST PRICE: Seller is including in the list price the Property, all Fixtures not excluded on lines 13-17, 16 9 and the following items: 17 10 3 18 11 . 19 12 I NOT INCLUDED IN LIST PRICE: CAUTION: Identify Fixtures to be excluded by Seller or which are rented and will 20 13 continue to be owned by the lessor. (See lines 219-236): 21 14 22 15 23 16 4 24 17 . 25 18 I ZONING: Seller represents that the property is zoned: . 26 19 I GOVERNMENTAL AND CONSERVATION PROGRAMS: Seller represents that all or some of the Property is 27 20 enrolled in the following governmental conservation, farmland, environmental, land use or use restricting programs, 28 21 agreements or conservation easements, (county, state or federal): 29 22 5 30 23 . 31 24 I USE VALUE ASSESSMENT: Seller represents that (all or some of the Property) (none of the Property) 32 25 STRIKE ONE has been assessed as agricultural property under use value law. 33 26 I MARKETING: Seller authorizes and Broker agrees to use reasonable efforts to procure a buyer for the Property. 34 27 Seller agrees that Broker may market Seller's personal property identified on lines 9-11 during the term of this Listing. 35 28 Broker's marketing may include: 6 36 29 . 37 30 Broker may advertise the following special financing and incentives offered by Seller: 38 31 . Seller has a duty to cooperate with Broker's marketing 39 32 efforts. See lines 91-97 regarding Broker's role as marketing agent and Seller's duty to notify Broker of any potential 40 33 buyer known to Seller. Seller agrees that Broker may market other properties during the term of this Listing. 41 34 I OCCUPANCY: Unless otherwise provided, Seller agrees to give buyer occupancy of the Property at time of closing. 7 42 35 Unless otherwise agreed, Seller agrees to have any residential dwelling in broom swept condition and the Property 43 36 free of all debris and personal property exceptSample for personal property belonging to current tenants, sold to buyer or left 44 37 with buyer's consent. Should Seller or Seller's tenant occupy the Property after closing or retain ownership of crops, 45 38 consider a special agreement regarding an occupancy escrow, insurance, utilities, maintenance, responsibility for and 46 39 rights to unharvested crops, farm operations and government programs, etc. 47 40 I COOPERATION, ACCESS TO PROPERTY OR OFFER PRESENTATION: The parties agree that Broker will work 8 48 41 and cooperate with other brokers in marketing the Property, including brokers from other firms acting as subagents 49 42 (agents from other companies engaged by Broker - See lines 155-158) and brokers representing buyers. Cooperation 50 43 includes providing access to the Property for showing purposes and presenting offers and other proposals from these 51 44 brokers to Seller. Note any brokers with whom Broker shall not cooperate, any brokers or buyers who shall not be 52 45 allowed to attend showings, and the specific terms of offers which should not be submitted to Seller: 53 46 . 9 54 47 CAUTION: Limiting Broker's cooperation with other brokers may reduce the marketability of the Property. 55 48 I EXCLUSIONS: All persons who may acquire an interest in the Property as a Protected Buyer, (see definition at lines 56 49 247-259) under a prior listing contract are excluded from this Listing to the extent of the prior broker's legal rights, 57 50 unless otherwise agreed to in writing. Within seven days of the date of this Listing, Seller agrees to deliver to Broker a 58 51 written list of all such prospective buyers. The following other buyers are excluded from this Listing until 59 52 INSERT DATE . These 1060 53 other buyers are no longer excluded from this Listing after the specified date unless, on or before the specified date, 61 54 Seller has either accepted an offer from the buyer or sold the Property to the buyer. 62 55 I COMPENSATION TO OTHERS: Broker offers the following commission to cooperating brokers: 63 56 . (Exceptions if any): . 64 57 I COMMISSION: Broker's commission shall be . 65 1166 CLWB-02 151334 PROOF #6 ____ Proof OK PLY(S) - 1-3 OF 9 Colors shown are NOT true pms colors. ____ Proof OK with Corrections INK(S) FACE - BLACK ____ Send revised Proof X _________________________ 0 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 0 1 2 3 Page 2 of 5, WB-2 4 58 Seller shall pay Broker's commission, which shall be earned, if, during the term of this Listing: 5 59 1) Seller sells or accepts an offer which creates an enforceable contract for the sale of all or any part of the 1 6 60 Property; 7 61 2) Seller grants an option to purchase all or any part of the Property which is subsequently exercised; 8 62 3) Seller exchanges or enters into a binding exchange agreement on all or any part of the Property; 9 63 4) A transaction occurs which causes an effective change in ownership or control of all or any part of the Property; or 64 5) A buyer is procured for the Property by Broker, by Seller, or by any other person, at no less than the price and on 10 65 substantially the same terms set forth in this Listing and in the standard provisions of the current WB-12 FARM 11 66 OFFER TO PURCHASE, even if Seller does not accept this buyer's offer. (See lines 241-245 regarding 2 12 67 procurement.) 13 68 A percentage commission, if applicable, shall be calculated based on the purchase price if commission is earned 14 69 under 1) or 2) above, or calculated based on the list price under 3), 4) or 5). A percentage commission shall be 15 70 calculated on the fair market value of the Property exchanged under 3) if the exchange involves less than the entire 16 71 Property or on the fair market value of the Property to which an effective change in ownership or control takes place, 17 72 under 4) if the transaction involves less than the entire Property. Once earned, Broker's commission is due and 73 payable in full at the earlier of closing or the date set for closing, unless otherwise agreed in writing. Broker's 3 18 74 commission shall be earned if, during the term of the Listing, one owner of the Property sells, conveys, exchanges or 19 75 options an interest in all or any part of the Property to another owner, except by divorce judgment. 20 76 NOTE: A sale, option, exchange or procurement of a buyer for a portion of the Property does not terminate the Listing 21 77 as to any remaining Property. 22 78 I EXTENSION OF LISTING: The Listing term is extended for a period of one year as to any Protected Buyer. Upon 23 79 receipt of a written request from Seller or a broker who has listed the Property, Broker agrees to promptly deliver to 4 24 80 Seller a written list of those buyers known by Broker to whom the extension period applies. Should this Listing be 25 81 terminated by Seller prior to the expiration of the term stated in this Listing, this Listing shall be extended for Protected 26 82 Buyers, on the same terms, for one year after the Listing is terminated. 83 I TERMINATION OF LISTING: Neither Seller nor Broker has the legal right to unilaterally terminate this Listing absent 27 84 a material breach of contract by the other party.
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