Conditions And Agreement to Purchase Real Estate at Sale by Auction. The conditions for the Onlined Auction of real estate situate in the Township of Conyngham, County of Columbia, and Commonwealth of Pennsylvania, designated as 3633 Aristes Highway, Aristes, Pennsylvania. 1. The real estate to be sold is situate in the Township of Conyngham, County of Columbia, and Commonwealth of Pennsylvania, designated as 3633 Aristes Highway, Aristes, Pennsylvania, known, numbered, and designated on the general plot or plan of Tax No. 2. This tract and the improvements situated upon it shall be sold AS IS, and without any warranty or guarantees except that the deeds shall contain the usual covenants of special warranty. 3. The highest approved bidder or bidders may be declared by the Auctioneer to be the purchaser or purchasers, but the Seller reserves the right to reject any and all bids. Seller further reserves the right to hold all bids to the end of the sale. 4. The Premises described herein shall be conveyed, at final settlement, free and clear of all liens, encumbrances and easements; excepting how ever, the following existing building restrictions, ordinances, easement of roads, privileges or rights of public service companies, if any; or easements or restrictions of record or visible upon the ground; otherwise the title to the above-described real estate shall be good and marketable and such as will be insured by a Pennsylvania title insurance company at regular rates. In the event the Seller is unable to give good and marketable title, or such as will be insured by a Pennsylvania title insurance company at regular rates, subject as aforesaid, Buyer shall have the option of taking such title as the Seller can give, without abatement of price or of terminating the Agreement with the deposit being refunded to Buyer. 5. The Buyer or Buyers of the real estate offered for sale must assure himself, herself or themselves as to easements, encroachments or any matters affecting the title or enjoyment of the property, and as bidders and purchasers, must assume and undertake to comply therewith or conform thereto. 6. In the event of any dispute regarding the bids, the property offered shall, in the discretion of the Seller, be immediately offered for resale. 7. The person or persons to whom the above-described premises are struck down must immediately, upon their bid being struck down, deposit with the sellers cash or a certified check or checks acceptable to the Seller to the order of the Seller for TEN PERCENT (10%) of the purchase price on the day of the auction. The Seller Reserves the right to be the sole judges of accepting or rejecting the checks offered. The person or persons to whom the real estate is struck down must sign these Conditions and Agreement of Sale requiring faithful compliance with the terms hereof, and for the payment of the balance in cash within FORTY-FIVE (45) DAYS from the date of sale or within such a time as the Seller may allow. There is no contingency for bank financing. 8. The said real estate after being struck down and until delivery of the deed therefore, will be held by the Seller as the property of the Buyer or Buyers. Seller reserves the right to use and enjoy the said property and the rents, issues and profits there from during that period. 9. A deed for the real estate and any building(s) erected thereon will be executed and tendered to the Buyer or Buyers within FORTY FIVE (45) DAYS or within such time as the parties may agree from the date when the property is finally struck down and will be delivered upon the payment of the balance of the purchase price. 10. Realty Transfer Taxes, both state and local , shall be paid equally by Buyer and Seller. 11. Buyer or Buyers shall pay for the preparation of their note and mortgage, if any, and examination of title. Property taxes, water and sewer charges, if any, shall be prorated to the time of settlement according to the fiscal years of the taxing authorities. Any survey, if deemed necessary by the Buyer, shall be at the Buyer's expense. 12. Possession of the real estate offered for sale shall be delivered at the time of settlement. 13. In the event of default of the Buyer or Buyers of said real estate in any of the terms of these conditions or agreement of sale, said deposit of TEN PERCENT (10%) of the purchase price shall be forfeited to the Seller as liquidated damages fairly liquidated and ascertained for the breach thereof. Said deposit of TEN PERCENT (10%) of the purchase price may be retained by Seller either on account of the purchase price or as liquidated damages for such breach as the Seller may elect, and in the latter event, Seller shall be released from all liability or obligation and these Conditions and Agreement of Sale shall become null and void. The Seller shall have the right to offer said real estate again for sale without any liability to the purchaser or purchasers for any surplus received. 14. In the event the Seller cannot deliver a good and marketable title to the above described real estate, free and clear of all encumbrance, within FORTY-FIVE (45) DAYS, or such other time as agreed upon from the date the property is finally struck down, the deposit money of TEN PERCENT (10%) of the purchase price shall be returned to the Buyer or Buyers. 15. This agreement contains the entire agreement between the Seller and the Buyer or Buyers, and there are no other terms, conditions, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever. 16. This agreement shall not be assigned or transferred by Buyer or Buyers without written consent of the Seller being first had and obtained. 17. This agreement shall not be recorded in the office for the recording of deeds or in any other office or place of public records. 18. Attached to this agreement is seller's property disclosure statement as required by Pennsylvania law which Buyer or Buyers acknowledge(s) receiving prior to signing this Agreement. 19. Seller represents that they have no knowledge concerning the presence of lead-based paint and/ or lead-based hazards in or about the property, and they have no reports or records pertaining to lead-based paint hazards in or about the property. Buyer or Buyers acknowledge(s) the foregoing disclosure, prior to signing this Agreement, of the presence of lead-based paint and/ or lead-based paint hazards in or on the property sold, and any records or reports pertaining to the same. Buyer or Buyers acknowledge(s) reading the following Lead Warning Statement prior to signing this agreement. Every purchaser of any interest in residential real property on which a dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligent quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the Buyer of any known lead-based paint hazard. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. It is a condition of the sale of this property that any bidder(s) who desire to conduct a risk assessment or inspection for lead-based paint do so at their own expense. Buyer or Buyers acknowledge(s) receiving the EPA pamphlet, " Protect Your Family from Lead in Your Home" (#747-K-94-001) prior to signing this Agreement. 20. I/We, the undersigned, hereby acknowledge that I/we have become the Buyer(s) of the above described real property for the sum of______________________________________($_________________) DOLLARS, subject to the above provisions with which I/We agree to comply. I/We further acknowledge receipt of a duplicate of these Conditions and Agreement of Sale that is hereby accepted. 21. Seller and the undersigned Buyer or Buyers intend to be bound by these Conditions and Agreement of Sale and all the covenants and conditions contained herein shall bind and be available to the heirs, executors, administrators and assigns of the parties hereto. 22. No Buyers Premium: Dunkelberger Auction Service has no responsibility for internet interruption or delays beyond control. Internet Bidders are aware that due to the nature of the internet, delays in transmission could result in failure of the system to recognize your bid. 23. PAYMENT: At the end of the auction.