EXHIBIT A

Terms and Conditions
Riverpoint Subdivision and Hidden Woods Subdivision

Tuscaloosa, Alabama

Friday, June 24, 2022

Conditions of Sale:   Southeast Auction Company (Auctioneer/Broker) has entered into a contract with Riverbirch LLC & Hidden Woods LLC, both being Limited Liability Companies (Seller), to offer at public auction 39 lots in Riverpoint Subdivision,  additional lot adjoining property and 6 lots in Hidden Woods Subdivision in Tuscaloosa County, AL.  Property is selling “AS IS WHERE IS” and being conveyed by Seller as provided for below.  It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warrant of any kind as to their condition.  No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products, concerning the property are given by the Auctioneer or Seller.  Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever.  All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. 

We require all bidders register and obtain a bid number in order to participate in the bidding process.

All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during or after the auction.  These terms and conditions supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Contract, which will prevail over this document and any other agreement between the buyer and seller. 

The Sellers have the right, at their sole discretion; to add or withdraw all or any portion of the property before the auction on Friday, June 24, 2022 at 11:30am. 

Reservations & Restrictions: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Tuscaloosa County, Alabama regulations, Black Warrior River guidelines and regulations, protective covenants, any existing right of way, all other matters now of record and by Recorded Survey Plat(s) of record.

Payment:  A 10% Buyers Premium + a 1.5% internet buyers premium will be added to the Bid Price to arrive at the final purchase price.  The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 20% of the final purchase price immediately following the Auction.  This deposit will be held in a non-interest bearing escrow account under the control of Southeast Auction Company.  No disbursements will be made from this escrow account until closing or otherwise in accordance to this agreement.  In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer. 

Survey:  This property has not been surveyed for this Auction.

Closing: Closing shall take place within 30 days of auction, in accordance with the Real Estate Contract, or on a date mutually agreed upon by the Seller(s) and Purchaser(s) in writing.   The closing will be held at Tuscaloosa Title Company-2220 8^th Street A-Tuscaloosa, Alabama 35401. 

Closing Costs:  The Seller will provide a Limited Warranty Deed at closing , buyer will be responsibile for all closing costs.    *Multiple lots are considered one closing if for the same buyer.  If the Seller is unable to convey clear title to the property, the Purchaser(s) Earnest Money deposit will be returned.  All other costs, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc. will be the Purchaser’s expense. 

Possession:  Purchaser(s) will be granted possession of real estate at closing, on or before July 24, 2022. 

Taxes:  Property taxes will be prorated to the date of closing.  If any additional taxes are assessed resulting from the change of use by the Purchaser, they will be the responsibility of the Purchaser. 

Agency:   The Auctioneer is acting as Listing and Selling Agent for the Seller only in this transaction and makes no representation concerning this property whatsoever.  Auctioneer is to be paid a fee pursuant to a separate written agreement between Seller and the Auctioneer.  The Auctioneer is not acting as an agent for the purchaser in this transaction.  Any third-party broker is not a sub-agent of the Auctioneer. 

Buyer’s Note:   Southeast Auction Company and the Seller reserve the right to amend any terms of conditions of the auction by announcing such amendments prior to or during the auction.  All information published, announced or container herein was derived from sources believe to be correct; however, it is not guaranteed by the Seller or the Auctioneer.  The Auctioneer makes no warranty or guarantee as to the correctness and completeness or any information.  Personal on-site inspection of the property is recommended.  The failure of any bidder to inspect, or to be fully informed as to the condition of this property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender.  Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information.

Method of Sale:   Southeast Auction Company reserves the right to offer the property any way we see fit to obtain the seller the most money for their property.

Southeast Auction Company is the “Agent of the Seller” and our fiduciary duties of loyalty and faithfulness are owed to the Seller.   Please note: This auction is being recorded by audio in its entirety for legal purposes. 

I have read, understand and agree to the information in these Terms and Conditions which will become a part of the sales contract and will hereafter be Exhibit A.