Prospective Purchaser S Representation and Warranty

Prospective Purchaser (“PROSPECT”) represents and warrants:

1. PROSPECT acknowledges that COLLIERS BENNETT & KAHNWEILER, INC. is the seller’s exclusive agent (“SELLER’S AGENT”) working through its sales persons, Greg Pacelli and

Mark Dolemba acting on behalf of Downers Grove National Bank Trust #99-125 & Kirk Investments LLC (“SELLER”) of the real estate described in the Offering Package and known as the Prairie Commons Subdivision, Approximately 55.42+/- Acres, Batavia, Illinois (“Prairie Commons”).

2. Information given to the SELLER’S AGENT by the PROSPECT may be disclosed to SELLER.

3. PROSPECT represents and warrants that no real estate broker or salesman (“PROSPECT’S AGENT”) represents PROSPECT other than:

______

(Agent and Name of Designated Agent)

______

(Address)

______

(City) (State)

4. SELLER and SELLER’S AGENT are not responsible for compensating PROSPECT’S AGENT since PROSPECT is solely responsible for paying such compensation.

5. PROSPECT shall indemnify and hold SELLER and SELLER’S AGENT harmless from any liability, claims, damages and loss including reasonable attorney’s fees and costs arising out of or in connection with any misrepresentation or breach of warranty regarding the statements set forth above.

The Parties executing this agreement are authorized to do so by PROSPECT and PROSPECT’S AGENT; and by so doing, bind their respective parties to all the provisions of this agreement.

PROSPECT PROSPECT’S AGENT

Company:______Company:______

By:______By:______

It’s______It’s ______

Date: ______Date: ______

SELLER’S AGENT

COLLIERS BENNETT & KAHNWEILER, INC.

By:______

It’s:______

Date: ______

Prospective Purchaser’s Agent (“PROSPECT’S AGENT”) represents and warrants:

1. That PROSPECT’S AGENT has been informed that COLLIERS BENNETT & KAHNWEILER INC. (“SELLER’S AGENT”) is the exclusive sales agent for Downers Grove National Bank Trust #99-125 & Kirk Investments LLC (“SELLER”) of the property described in the Offering Package and known as Prairie Commons Subdivison, Approximately 55.42+/- Acres, Batavia, Illinois (“Prairie Commons”).

2. PROSPECT’S AGENT also acknowledges that any commissions or other compensation that may become due in connection with the negotiation of the sale of the Prairie Commons herein are limited by the terms of the Exclusive Agency Agreement between SELLER and SELLER’S AGENT and that PROSPECT’S AGENT has no rights arising out of that Agreement.

3. PROSPECT’S AGENT also acknowledges that information given to SELLER’S AGENT by PROSPECT’S AGENT may be disclosed to SELLER.

4. There are no third party benefit rights. The Agreement shall create no rights or benefits in persons who are not parties to the Exclusive Agency Agreement.

5. PROSPECT’S AGENT shall look solely to Prospective Purchaser (“PROSPECT”) for any commission or other compensation with respect to the sale of the PROPERTY.

6. SELLER and SELLER’S AGENT are not responsible for compensating PROSPECT’S AGENT since PROSPECT is solely responsible for paying such compensation.

7. PROSPECT’ AGENT shall indemnify and hold SELLER and SELLER’S AGENT harmless from any liability, claims, damages and loss including reasonable attorney’s fees and costs arising out of or in connection with any misrepresentation or breach of warranty regarding the statements set forth above.

The Parties executing this agreement are authorized to do so by; and by so doing, bind their respective parties to all the provisions of this agreement.

PROSPECT’S AGENT: SELLER’S AGENT

Company:______COLLIES BENNETT & KAHNWEILER, INC.

By: ______By: ______

It’s: ______It’s: ______

Date:______Date: ______

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