Common use of Designated Agency Clause in Contracts

Designated Agency. A designated broker entering into a limited agency agreement or written transaction brokerage agreement with a client or party for the listing or property or for the purpose of representing or assisting that person in the buying, selling, exchanging, renting, or leasing or real estate may appoint n writing affiliated licensees as designated agents or designated transaction brokers to the exclusion of all other affiliated licensees. If a designated broker has made an appointment pursuant to this section, an affiliated licensee assisting a party without a written agreement shall be presumed to be a transaction broker to the exclusion of all other affiliated licensees, unless a different brokerage relationship status has been disclosed to or established with that party. A designated broker shall both be considered to be a dual agent or transaction broker solely because such broker makes an appointment of a designated agent, except that any licensee who is not a transaction broker and who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction shall be a dual agent or transaction broker and shall be required to comply with the provisions governing dual agents or transaction brokers. All designated agents or transaction brokers to the extent allow allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to in §§ 339.730 to 339.755 X.X.Xx. as the designated broker except as provided above. Winbury Realty of Kansas City, Inc. Secured Investment Resources Fund, X.X. XX, a Delaware limited partnership /S/ XXXXX XXXXXXX By: Millenium Management, LLC, Xxxxx Xxxxxxx Date a California limited liability company its general partner By: /S/ W. XXXXXX XXXXXXX BROKER Date W. Xxxxxx Xxxxxxx President ADDRESS Phone 000 X. Xxx Xxxxxx Xxx., #200 Pasadena, CA 91101 Tel: (000) 000-0000

Designated Agency. A designated broker entering into a limited agency agreement or written transaction brokerage agreement with a client or party for the listing or property or for the purpose of representing or assisting that person in the buying, selling, exchanging, renting, or leasing or real estate may appoint n writing affiliated licensees as designated agents or designated transaction brokers to the exclusion of all other affiliated licensees. If a designated broker has made an appointment pursuant to this section, an affiliated licensee assisting a party without a written agreement shall be presumed to be a transaction broker to the exclusion of all other affiliated licensees, unless a different brokerage relationship status has been disclosed to or established with that party. A designated broker shall both be considered to be a dual agent or transaction broker solely because such broker makes an appointment of a designated agent, except that any licensee who is not a transaction broker and who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction shall be a dual agent or transaction broker and shall be required to comply with the provisions governing dual agents or transaction brokers. All designated agents or transaction brokers to the extent allow allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to in §§ 339.730 to 339.755 X.X.Xx. as the designated broker except as provided above. Winbury Realty of Kansas City, Inc. Secured Investment Resources Fund, X.X. XX, a Delaware limited partnership /S/ XXXXX XXXXXXX By: Millenium Management, LLC, Xxxxx Xxxxxxx Date a California limited liability company its general partner By: /S/ W. XXXXXX XXXXXXX BROKER Date W. Xxxxxx Xxxxxxx President ADDRESS Phone 000 X. Xxx Xxxxxx Xxx., #200 Pasadena, CA 91101 Tel: (000) 000-00000000 EXHIBIT “B” BROKER AGREEMENT EXCLUSIVE RIGHT TO LEASE AGREEMENT (MISSOURI) THIS AGREEMENT is made by and between SECURED INVESTMENT RESOURCES FUND, X.X. XX, a Delaware limited partnership (“OWNER”) and WINBURY REALTY OF KANSAS CITY, INC. (“BROKER”). By this Agreement OWNER retains and appoints BROKER as OWNER’S Exclusive Agent to assist OWNER with the lease by OWNER of the property described herein (“Property”). OWNER and BROKER expressly agree that BROKER shall have the sole and exclusive right to lease the Property during the term of this Agreement. OWNER agrees to refer all inquiries and prospects OWNER may receive, directly or indirectly, to BROKER, and OWNER hereby gives permission to BROKER to enter the property at reasonable times to show it to prospects.

Designated Agency. A designated broker entering into a limited agency agreement or written transaction brokerage agreement with a client or party for the listing or property or for the purpose of representing or assisting that person in the buying, selling, exchanging, renting, or leasing or real estate may appoint n writing affiliated licensees as designated agents or designated transaction brokers to the exclusion of all other affiliated licensees. If a designated broker has made an appointment pursuant to this section, an affiliated licensee assisting a party without a written agreement shall be presumed to be a transaction broker to the exclusion of all other affiliated licensees, unless a different brokerage relationship status has been disclosed to or established with that party. A designated broker shall both be considered to be a dual agent or transaction broker solely because such broker makes an appointment of a designated agent, except that any licensee who is not a transaction broker and who personally represents both the seller and buyer or both the landlord and tenant in a particular transaction shall be a dual agent or transaction broker and shall be required to comply with the provisions governing dual agents or transaction brokers. All designated agents or transaction brokers to the extent allow allowed by their licenses shall have the same duties and responsibilities to the client and customer pursuant to in §§ 339.730 to 339.755 X.X.Xx. as the designated broker except as provided above. Winbury Realty of Kansas City, Inc. Secured Investment Resources Fund, X.X. XX, a Delaware limited partnership /S/ XXXXX XXXXXXX Xxxxx Xxxxx 2/26/06 By: Millenium Management, LLC, Xxxxx Xxxxxxx Date a California limited liability company its general partner /s/ By: /S/ W. XXXXXX XXXXXXX Xxxx Xxxxxxxx 3/23/06 BROKER Date W. 0000 Xxxx Xxxxxx, Xxxxx 0000 Xxxxxx Xxxxxxx President ADDRESS Phone Xxxx, XX 00000 816.531.5303 Xxxx X. Xxxxxxxx Authorized Representative 000 X. Xxx Xxxxxx Xxx., #200 Pasadena, CA 91101 Tel: (000) 000-0000626.585.5920 ADDRESS Phone ADDRESS Phone BROKER Date Approved by Legal Counsel for use in Missouri.