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y 4c. UNITED PROPERTIES BROKERAGE COMPANY EXCLUSIVE LEASING AGREEMENT January 28, 199$ I In consideration of the listing for lease of the real property hereinafter described (the "Property") ) by United Properties Brokerage Company ("Broker") and Broker's agreement to use its hest efforts to effect a lease or leases of same,the undersigned ("Owner")hereby grants to Broker the exclusive right to negotiate leases of the Property for a period commencing February 1, 1998, and ending midnight July 311 1998 (the "Term"). The lease(s) shall be on terms acceptable to Owner. The Property is situated in the City of Roseville,County of Ramsey, State of Minnesota, and is located at County Road C near Lexington Avenue,which is shown on Exhibit A and is further described as a restaurant and pro shop adjacent to the Roseville Ice Arena and John Rose Minnesota Oval. NOTICE: THE COMMISSION DATE FOR THE LEASE,RENTAL, OR MANAGEMENT EMENT OF REAL PROPERTY SMALL BE DETERMINED BETWEEN EACH INDIVIDUAL BRO ER AND ITS CLIENT. 2. Owner agrees to Fay Broker a commission in accordance with Broker's Schedule of Lease Commission("the Schedule"), a copy of which is executed by Owner, attached thereto and hereby made a part hereof. This commission shall be earned and paid for services rendered if, during the terra-. (a) All or any portion of the Property is leased to a tenant(by Broker, Owner, or anyone else); (b) A tenant is procured(by Broker, Owner, or anyone else) who is ready, willing and able to lease the Property on terms agreeable to Owner; (c)Any contract for the lease of all or any portion of the Property is entered into by Owner. 3. Owner further agrees that Owner shall pay Broker the aforementioned commission if, within 120 days after the expiration of the Term the Property or any portion thereof is leased or negotiations continue,resume or commence and thereafter continue leading to the execution of a lease with any person or entity with whom Brayer has negotiated(either directly or through another broker or agent) or to whom the Property has been submitted prior to the expiration of the Term in an effort to effect a lease of the Property. Broker agrees to submit a list of such persons or entities to Owner not later than ten (l days following the expiration of the Tern.,provided,however, if a written offer has been submitted then it shall not be necessary to include the offeror"s name on the list. 4. It is understood that it is illegal for either Owner or Broker to refuse to display or lease the Property to any person because of race, color, religion,national origin, sex, marital status or physical disability. 5. Owner agrees to cooperate with Broker in effecting leases of the Property and to immediately refer to Broker all inquiries of anyone interested in the Property. All negotiations are to be through Broker. Broker is authorized to accept a deposit from any prospective tenant. Broker is further authorized to advertise the Property and to place a sign(s)on the Property with Owner's prior verbal consent if, in the Broker's opinion, such would facilitate the leasing of the Property. Owner represents that it is the owner of the Property.