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<br />CUSHMAN & WAKEFIELD OF TEXAS, INC. ("C&W") - HOUSTON <br />And <br />The City of La Porte <br /> <br />SCHEDULE OF COMMISSIONS FOR SALES TRANSACTIONS <br /> <br />1. RATES <br /> <br />The following commission rates shall be payable to Cushman & Wakefield based upon the total <br />sales price: <br /> <br />Property PCloccntagc <br /> <br />3.75% <br />5% <br />5% <br /> <br /> <br />2. TIME OF PAYMENT <br /> <br />The commission shall be earned, due and be payable in full at the time of the closing or transfer of <br />title to the Properties, on in the case of a long-term contract with title withheld but possession <br />transferred to the purchaser, at the time of execution and delivery of the contract. <br /> <br />3. COMPUTATION OF SALES PRICE <br /> <br />The commission shall be computed in accordance with the above rates based upon the total sales <br />price, which shall include any mortgages, loans or other obligations of the seller which may be <br />assumed by the purchaser or which the purchaser takes title "subject to", any purchase money loans <br />or mortgages taken back by the seller, the sales price of any fixtures or other personal Properties <br />sold by separate agreement between the seller and purchaser as part of the overall sale of the real <br />Properties, and the current market value of any other real or personal Properties transferred from the <br />purchaser to the seller as part of the sale. <br /> <br />4. MISCELLANEOUS <br /> <br />The terms "Seller" and "Purchaser" shall be deemed to include any subsidiaries, affiliates, <br />successors, assigns and nominees of same. <br /> <br />"V" <br /> <br />F:\ADMINS\Hoffman\ WORD\BKPTeam _Agrmts08\City of La Porte _ ERS _ 022508.DOC <br />