Page 1 of 2
10/23/2006 9:14:11 AM
WORLD ACCESS SYSTEMS INC (WASI)
LISTING AGREEMENT
Contract # :
Client # :
119847
29544

1. I/we (“Client”) hereby grant World Access Systems, Inc (“WASI”), a Nebraska corporation and licensed Real Estate Agency, the right to sell and/or rent my/our Timeshare Interval/Vacation property (“Property”).
2. Property is described and verified in Attachment “A”. Client represents to WASI that any description of the Property Client provides to WASI shall be accurate. Client also agrees to maintain the Property in its current good condition for the duration of this agreement.
3. Effect of this Listing Contract. By contracting with WASI, Client agrees to place their Property on the market through WASI as Limited Agent and to notify WASI of any third party sale or rental of the Property or any other actions that would take the Property off the market prior to taking the Property off the market. In consideration of this agreement to offer for sale and/or rental, Client's Property:
       ________________________________________________________________________________________________________________
WASI will offer the Property for sale and/or rent and place the Property on the TIX Network. The following schedules apply:
       Documentation Fee of $99 per property to verify and maintain record of ownership.
       Sales Commission shall be 10% of the gross sales price, or $800, whichever is greater.
       Rental Commission shall be 15% of the rental amount of any Properties rented.
       ________________________________________________________________________________________________________________
4. Bonus Weeks that are "one-year only" are included in the listing at no additional charge (Commissions still apply).
5. Listing Period: The term of this contract shall begin on the date signed by Client and WASI and continue until 00/00/0000 ("Expiration Date") for Properties for sale or rent.
6. Termination and Renewal: Five days written notice is required for Client to terminate or renew this agreement. This agreement is terminated or renewed with such notice at no additional charge.
7. Earnest Deposit ("Deposit"): If the Deposit is forfeited by a purchaser, after WASI's expenses are deducted, Client shall receive one-half (1/2), and WASI one-half (1/2), to apply to damages which the Client and WASI may suffer as a result of the default by purchaser.
8. Title and Conveyance: Client agrees to furnish a complete abstract certified to date of sale by showing marketable title, or a title insurance commitment if necessary, to complete said sale and pay any expense incurred in perfecting or clearing title in case the same is found to be defective, and convey on a timely basis, the Property by warranty deed, free and clear of all encumbrances.
9. Possession of said premises shall be given on date of closing
10. Cost of Services WASI shall bear all expenses incurred by WASI, if any, to market the Property and to compensate cooperating brokers, if any. WASI will not obtain or order any products or services to be paid by Client unless Seller agrees. WASI shall not be obligated to advance funds for the benefit of Client. Client understands and acknowledges the documentation fee is a ONE-TIME CHARGE, required at implementation of this contract to satisfy documentation requirements of the Timeshare Information Exchange (TIX) Network, and is NON-REFUNDABLE and shall be deposited into WASI’s operating account (not held in escrow) upon receipt and acceptance of this signed contract. Client indemnifies and holds WASI, its officers and employees harmless against and from and all claims, demands, and liabilities for failure of the property to sell and/or rent.
11. Sales Commission Client agrees to pay WASI a cash commission (according to the commission schedule above) on the happening of any one or more of the following events:
     (a)

     (b)

     (c)		 If WASI finds a purchaser who is ready, willing and able to purchase or exchange the Property at terms agreeable to the Client, before the Expiration Date or Termination of this listing, or
If WASI is prevented in closing the sale of this Property by existing claims, liens, judgments or suits pending against the Property, or the Client thereof, or
If WASI is unfairly hindered by Client in its attempts to sell the Property, or Client rents or sells Property without properly notifying WASI, within said period.
12. Offers: WASI will contact Client with any and all offers to buy and/or rent the Property.
13. Closing Costs: All applicable closing costs, if any, shall be paid at closing by Client or Purchaser, as agreed between the two parties.
14. Equal Opportunity: The Property, as required by law, is offered without respect to race, color, religion, sex, handicap or disability.
15. Release of Information: Client authorizes mortgage lender and/or resort to release any pertinent information that WASI deems necessary for the sale and/or rental of the property, including the status of loan #:____________________________________________ Lender:______________________________Address:_______________________________________Phone #:____________________
16. Governance: WASI employs licensed real estate brokers and agents. This agreement shall be governed by the laws of the state of Nebraska and shall be binding upon the parties, their heirs, successors and assigns. Jurisdiction and venue for all claims arising out of this agreement shall be within the state of Nebraska.
17. Nebraska Statute 76-2417.
Seller's agent or landlord's agent: powers and duties: confidentiality: immunity: disclosures required.   click to view
A licensee representing a seller or landlord as a seller's agent or a landlord's agent shall be a limited agent with the following duties and obligations:
     (a)
     (b)
     (c)







     (d)
     (e)

     (f)		 To perform the terms of the written agreement made with the client;
To exercise reasonable skill and care for the client;
To promote the interests of the client with the utmost good faith, loyalty, and fidelity, including:
i.Seeking a price and terms which are acceptable to the Client, except that the licensee shall not be obligated to seek other properties while the Client is a party to a contract to purchase property;
ii.Presenting all written offers to and from the Client in a timely manner regardless of whether the Client is already a party to a contract to purchase property;
iii.   Disclosing in writing to the Client adverse material facts actually known by the Client's Limited Agent;
iv.Advising the Client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the Client's Limited Agent;
To account in a timely manner for all money and property received;
To comply with all requirements of sections "76-2401" to "76-2430", the Nebraska Real Estate License Act, and any rules and regulations promulgated pursuant to such sections or act; and
To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes and regulations.
Duties and Responsibilities of Seller's Limited Agent as a Limited Dual Agent.
Seller's Limited Agent has disclosed to Seller that Broker permits Seller's Limited Agent to act as an agent for sellers of property or for buyers of property, and with the informed written consent of both the seller and buyer of a particular property, to act as a Limited Dual Agent for both. Seller's Limited Agent agrees to promptly notify Seller whenever a Seller's Limited Agent is also representing a buyer when that buyer becomes interested in acquiring Seller's property. Seller consents to Seller's Limited Agent also serving as an agent of the Buyer for Seller's property and acknowledges that Seller's Limited Agent will then be a Limited Dual Agent of both Seller and Buyer, serving both Seller and Buyer as clients. As a Limited Dual Agent, Seller's Agent will owe to the Buyer the following duties and obligations as a Buyer's Agent:
     (a)
     (b)
     (c)







     (d)
     (e)

     (f)		 To perform the terms of the written agreement made with the Client;
To exercise reasonable skill and care for the Client;
To promote the interests of the Client with utmost good faith, loyalty, and fidelity, including:
i.Seeking a price and terms which are acceptable to the Client, except that the licensee shall not be obligated to seek other properties while the Client is a party to a contract to purchase property;
ii.Presenting all written offers to and from the Client in a timely manner regardless of whether the Client is already a party to a contract to purchase property;
iii.   Disclosing in writing to the Client adverse material facts actually known by the Client's Limited Agent;
iv.Advising the Client to obtain expert advice as to material matters about which the licensee knows but the specifics of which are beyond the expertise of the Client's Limited Agent;
To account in a timely manner for all money and property received;
To comply with all requirements of Neb. Rev. Stat. "76-2401" to "76-2430", the Nebraska Real Estate License Act, and any rules and regulations promulgated pursuant to such sections or act; and
To comply with any applicable federal, state, and local laws, rules, regulations, and ordinances, including fair housing and civil rights statutes or regulations.
18. Acceptance: Client attests they have verified and completed all the information and hereby accepts the terms of the agreement. Client understands that this agreement shall become binding when accepted and executed by WASI. At the time of sale, WASI will contact your resort and your exchange company to notify them of the transaction.

Property Resort City State Country
  
43019 Sheraton Vistana Resort , ,