ALTAS Real Estate & Auction Services Live Real Estate Auction Terms & Conditions: 146 Cerulean Rd. Cadiz, KY 42211 Auction Type: LIVE Auction Held 9/21/2019 @ 12:00PM Bidders must register prior to the start of the auction. The property will be offered AS-IS, WHERE-IS with no Warranties Express or Implied. The property will sell Subject to Sellers Confirmation. Registration Registration is required prior to the Auction and a bid card must be issued to place a bid. Once a bid is offered, the Bidder is bound to this bid. Buyers Premium: A 10% Buyers Premium will be added to the final bid to determine total final sale price and included in the purchase contract. Down Payment: 10% of the purchase contract price (final bid + buyers premium) will be due the day of the auction. Acceptable methods of payment: Cashier’s Check, Certified Check, Personal Check, Business Check. A certified Bank Letter must be submitted with any personal or business checks. Closing: Buyer must be prepared and able to pay CASH at closing. Bidding is not contingent upon financing. Financing must be arranged prior to bidding and in place prior to the Auction. Closing shall take place within thirty (30) days of the close of the auction. Time is of the essence with regards to all dates pertaining to the Auction Purchase Contract. Seller shall be responsible for fees related to the preparation of the deed to transfer the Property, release any encumbrances, and convey title. Buyer shall be responsible for all costs pertaining to the purchase of the Property, including but not limited to; title search, closing costs and/or financing of the property. Collected rent shall be prorated to the date of closing. Seller will convey the Property by General Deed of Warranty free and clear of all liens and encumbrances. Real Estate Taxes: Ad Valorem taxes to be prorated between buyer and seller and paid at closing for current tax year. Agency: ATLAS Real Estate & Auction Services will act as exclusive sellers’ agency ONLY. Any third-party cooperating broker/brokerage does not act as sub-agent for Atlas Real Estate & Auction Services. Disclaimer & Absence of Warranties: Any information contained in marketing materials, including this brochure, are subject to the Terms and Conditions found in the Purchase Agreement. All announcements made day of the Auction take precedence over any prior oral statements, printed material, and/or internet and television advertising. THERE ARE NO GUARANTEES OR WARRANTIES EXPRESS OR IMPLIED. The property is being sold AS-IS, WHERE IS with no representation or warranty made by the Seller or Auction Company. Seller nor Auction Company shall be held liable for damages pertaining to the fitness or merchantability for specific purpose of the property. Any announcements made by the auctioneer at or during the auction take precedence over previous printed or digital materials, or any other statements or descriptions made. Bidders are responsible for conducting due diligence, inspection, and/or inquiry of the property on his or her own behalf. Information contained in advertising, including this brochure, is believed to be true and is subject to verification by those relying on it. Liability for errors, omissions, or accuracy here-in are not assumed by the Seller or the Auction Company. All representations of property boundaries are approximate. Conduct of the auction is at the sole discretion of the Auctioneer. Any individual may be prohibited from participation in the Auction at the discretion of the Seller or the Auction Company if credibility or fitness are in question. All decisions made by the Auctioneer are final and absolute without liability to any party. Property Inspection/Due Diligence: Due Diligence is the solely the Buyer’s responsibility. Potential Buyers are encouraged to: a) Perform all inspections (legal, environmental, economic or otherwise) of the Property and its improvements thereon and to be satisfied as to their condition prior to bidding; b) Review all property information; c) Independently verify any information they deem important including information available in public records. All information contained in any brochures and all promotional materials, including but not limited to, square footages, acreage, dimensions, maps, taxes, etc. is believed to be correct, however, Auctioneer – Josh Abner, ATLAS Real Estate & Auction Services, the sellers or any cooperating Broker makes no such guarantee of warranty as to the accuracy or completeness of such information. Personal inspection of the property is highly recommended, and bidders are advised to independently verify all information they deem important. This property is being sold “As Is Where Is”. The Auctioneer, Josh Abner, ATLAS Real Estate & Auction Services, or the sellers have not made, do not make, and will not make and hereby disclaim, any representation or warranty, whether express, implied, or statutory, whether written or oral, with respect to the property. Including without limitation, and any warranty as to the value, condition, acreage, square footage, suitability, marketability, zoning, or subdivision regulations, mineral rights, environmental condition, and/or fitness for a particular use or purpose. Property Disclosures: The Property is selling with right-of-way and easements of record. If applicable a lead-based paint assessment will be permitted 10 days prior to the date of Auction. If the buyer chooses not to assess for lead based paint they will be required to sign a waiver to this effect. Survey: A plat map for the subject properties has been recorder in Trigg County, KY. Any additional survey will be an expense to the buyer only. Seller gives no warranty of existing surveys. PVA and public records have been utilized to develop approximate boundary lines. The Auctioneer, Josh Abner, ATLAS Real Estate & Auction Services and/or agents, or the sellers have not made, do not make, and will not make and hereby disclaim, any representation or warranty, whether express, implied, or statutory, whether written or oral, with respect to the property boundaries. Equal Opportunity: Bidding is open to the public. All qualified buyers may bid on the subject property without regard to race, color, religion, sex, familial status, national origin, or handicap/disability. ATLAS reserves the right to deny registration or refuse service to anyone. Bidder’s Acknowledgement: By signing below, if in fact you are the successful and high bidder you agree to the terms and conditions stated herein. This document will become part of the non-contingent contract of sale to purchase the property described herein. This is a public offering opened to all. ATLAS Real Estate & Auction Services reserves the right to refuse service or decline registration to any person/persons. A winning bid is a legal binding contract to buy and provide good funds. Auction with Reserve: ATLAS, it’s agents, affiliates and the seller/consigner reserve the right to bid on his or her own behalf or on behalf of the seller/consigner on items on which there may be a reserve. The Auctioneer is permitted to do so by herein providing this clear disclosure to the public. Absolute Auction: ATLAS, it’s agents, and affiliates reserve the right to bid on his/her own behalf. The Auctioneer is permitted to do so by herein providing this clear disclosure to the public. This is a Public Auction and as such, all qualified bidders may bid including ATLAS owners, family members, agents, independent contractors, employees and any seller/consignor, company, group member, or employee. ATLAS may reject or cancel any bid for any reason. The record of the auction made by ATLAS shall be conclusive. ATLAS will not be responsible for any missed bids from any source. INJURY AND DAMAGE: Bidder acknowledges responsibility for any personal injury or property damage caused by themselves or his or her agent, and further agrees to hold the auctioneers ATLAS Real Estate & Auction Services and consignors/sellers harmless from any personal injury to himself or his agents and any property damage incurred on auction/consignor premises, and releases ATLAS Real Estate & Auction Services and clients from any liability due to any damage or injury. DISPUTES: Auctioneer shall designate the winning bidder after each item is auctioned. If a dispute arises between two or more bidders, the Auctioneers reserve the right to reopen the bidding. The auctioneer's designation of a buyer shall be final. Any and all disputes that require litigation shall be administered and shall be enforced and brought in The State of Kentucky, Trigg County, and governed by the laws of the State of Kentucky. ATLAS Real Estate & Auction Services reserves the right to select the venue for the litigation proceedings whether by arbitration or litigation. ATLAS Real Estate & Auction Services reserves the right to receive compensation of any and all legal fees, collection fees and any other charges incurred by ATLAS Real Estate & Auction Services as a result of any legal action. ** ALL announcements made by Auctioneer at/or during the auction will take precedence over previous printed materials, website, or any other statements or descriptions made. ** ** If you do not currently have the funds or pre-arranged financing to pay for your purchase DO NOT BID. ** BY REGISTERING, BIDDING, AND/OR ATTENDING THIS AUCTION YOU AGREE TO ALL TERMS & CONDITIONS LISTED AS ACKNOWLEDGED AND SET FORTH BY ATLAS REAL ESTATE & AUCTION SERVICES. All Sections of the Terms and Conditions apply no matter the section title. If you have any questions, contact ATLAS Real Estate & Auction Services. jabnerauctioneer@gmail.com or 270-839-3136 Print:__________________________________ Date: _____________________________ Sign:___________________________________ Personal Property Terms & Conditions: ATLAS Real Estate & Auction Services, is a division of Abstract Enterprises LLC, a Kentucky Limited Liability Company with its principal place of business at 580 Poe Acres Rd., Cadiz, KY 42211, hereinafter referred to as ATLAS and/or the Auctioneer(s). 1. AUCTION EVENT TYPE: Live Auction 2. LOCATION ADDRESS: 146 Cerulean Rd., Cadiz, KY 42211 3. Live Auction begins 9/21/19 @ 10:00AM 5. INSPECTION DATES: 9/18/19 4-6:00PM, or by appointment 6. BUYERS PREMIUM: BUYERS PREMIUM: 10% (example $1000.00 x 10% =$1100.00). 7. SALES TAX: 6% SALES TAX WILL BE CHARGED on all purchases unless otherwise stated. Additionally, each buyer shall be responsible for payment of any city, county and/or state sales tax that may apply. Out of state buyers will pay home state sales tax. 8. TAX EXEMPT BUYERS: A valid Tax Exemption Certificate MUST be presented at time of checkout. NO EXCEPTIONS - NO REFUNDS 9. TYPES OF PAYMENT: Cash, Cashier's Checks, Bank Wire add +$18.00 fee Domestic or $36.00 fee International. Visa and Mastercard accepted. *Credit Card Transactions incur a +3% processing fee* 10. PAYMENT & CHECKOUT: Payment due and chargeable within 24 hours of invoicing. **DO NOT BID If you do not have the funds to pay for your purchases** 11. REMOVAL INSTRUCTIONS: No items may be removed until ALL items are PAID IN FULL. All items must be removed by 9/25/2019 or are otherwise forfeited unless prior arrangements are confirmed. Buyers must present a Paid in Full invoice to remove items. Buyer MUST schedule removal time. 270-839- 3136 or email jabnerauctioneer@gmail.com **Removal is set by APPOINTMENT ONLY. If you arrive without an appointment there is no checkout guarantee. Items remaining after this date will be forfeited and resold with no refunds.** 12. FINAL REMOVAL DATE - 9/25/2019 13. REMOVAL HOURS: Monday 9/23/19 - Tuesday 9/24/2019 10:00AM-4:00PM Central Time ** All Transport and Pickup MUST be scheduled for check out personnel to be available. **NOTE: Checkout personnel can only provide basic assistance onsite and are not responsible for breakdown, loading, hauling, or disconnecting. Be prepared with all necessary tools and/or manpower needed for removal of your purchased items. Removal of your purchased items is not the responsibility of ATLAS, it’s agents, or the seller. 14. AGENCY: ATLAS and it’s agents acts as seller agents only. PAYMENT ACCEPTED: USD Currency Cash, Cashier's Check, Visa, MasterCard. All credit card transactions will be assessed a 3% additional fee. Letter of Credit is required for all check payments. Letters of credit must be emailed to jabnerauctioneer@gmail.com Letter of credit must include: ___________________(buyer name) is in good standing with our bank. _________________________(bank name) will guarantee the payment of checks on his/her account ____________(Account Number) up to $_______(amount) for purchase at ATLAS Real Estate & Auction Services auction in ___________________(Auction Location) on __________(Auction Date). We hereby agree that no stop payment will be issued in conjunction with this letter." Bank Wire Transfers fees: ($18.00 Domestic) ($36.00 International). Credit card on file will be charged this amount unless included in the bank wire transfer. ATLAS reserves the right to hold items until payment is made in full. PAYMENT INSTRUCTIONS: All purchases MUST be paid for within 24 hours of invoicing unless arrangements/agreements have been made. ALL Payment MUST be received within 24 hours of invoicing regardless of scheduled removal time. ATLAS reserves the right to charge any additional fees associated with pursuing the collection process for any outstanding and nonpayment invoices. (A $50.00 fee shall be assessed to Buyer for all returned checks. Weekly interest may be charged at the rate of 3% of the total invoice. Additional costs or fees incurred to pursue collection will also be charged). Payment is due IN FULL upon receipt of invoice. If payment is not received within 24 hours of invoicing ATLAS reserves the right to void a buyer's invoice, and all items will be forfeited. ATLAS reserves the right to ban any buyer in default from registering to bid in auctions held by ATLAS. Any registered buyer grants permission for the credit card on file to be charged until all fees and charges are paid in full. Buyer is responsible for all legal fees, collection fees, and any other charges arising from nonpayment. ** DO NOT BID If you do not currently have the funds to pay for your purchases. ** REMOVAL INSTRUCTIONS: REMOVAL, PACKAGING, SHIPPING, TRANSPORTATING, and LOGISTICS/COMMUNICATION ARE SOLELY THE RESPONSIBILITY OF BUYER. ATLAS/consignor/seller and/or agents will not be held liable for any damage in removal, packaging, shipping, transporting, logistics/communication, or loading of items. Buyers are responsible for all shipping arrangements, valid sales tax requirements, exporting requirements/fees. Removal from auction location on day of auction, or within 7 business days, UNLESS otherwise stated in the information listed at the beginning of the Terms and Conditions section or a previous agreement has been reached with ATLAS. Partial payment, partial removal of items is not accepted. ALL ITEMS MUST BE PAID IN FULL PRIOR TO REMOVAL. Storage fees may apply after 7 days. Buyers causing damage, harm, creating environmental issues, dumping, destroying or abandoning, refusal or any other act to cause monetary expense to be incurred to ATLAS’, consignor’s/seller’s, and/or agent’s property, auction site, or property of any type will be held liable for ANY AND ALL damages, cleanup, or repair and may be prosecuted to the fullest extent of the law. ATLAS/consignor/seller and/or agents will not be responsible for packaging, shipping, or transporting of any kind. All items become the property of the buyer at time sold and buyer takes full responsibility for that item. ATLAS, consignor/seller, and/or agents will not be held responsible for damages during loading and unloading, or during shipment of items. ALL ITEMS ARE SOLD "AS IS, WHERE IS." Removal and all associated cost is the buyer's responsibility. Buyer is responsible for all waste during the removal of items, including spills that may occur during the removal process. Buyer assumes all responsibility for removal and may be required to present a copy of proof of insurance naming ATLAS, consignor/seller, and/or agents as additional insured. Any additional safety requirements, instructions, logistic/communication expectations for removal, in the case of site specific standards, will be made available to the Auctioneers best ability. However, if unforeseen circumstances occur the buyer assumes all responsibility for removal. If items are not removed in the time-frame disclosed or agreed upon, Bidder shall have no claim or recourse against ATLAS, consignor/seller, and/or agents and items will be forfeited by buyer with no refunds or recourse. Buyer waives any and all claims it may have for any damages, including actual and punitive, whether caused by negligence, willful misconduct or otherwise, and assumes all risk related to the removal of any and all item purchases. For special arrangements contact ATLAS: jabnerauctioneer@gmail.com 270-839-3136 SPECIAL TERMS & CONDITIONS: -Property sold - "AS IS", "WHERE IS", WITH NO GUARANTEES OR WARRANTIES EXPRESS OR IMPLIED. NO REFUNDS or EXCHANGES. NO CREDIT CARD CHARGE BACKS. ALL SALES ARE FINAL. BUYER ACKNOWLEDGES INSPECTION OF PROPERTY EITHER IN PERSON OR ONLINE AND ACKNOWEDGES SATISFACTION PRIOR TO BIDDING. BUYER IS ACTING SOLELY UPON THEIR OWN EXPERTISE IN CHOOSING TO PURCHASE. Statements, condition, description, weight, measurement, etc. pertaining to items in the auction are based on good faith and are only matters of opinion. All weights, measurements, and counts of items are approximate. All information provided by the Consignor/Seller is believed to be correct, but not guaranteed by ATLAS. ATLAS, consignor/seller, and/or agents disclaim any warranties, express or implied, regarding the merchantability of the items and their fitness for a specific purpose. Items offered may or may not be sold as described and/or photographed in the auction catalog. ATLAS has accurately prepared and describe all items in the Auction catalog in good faith and to the best of the Auctioneer’s ability. ATLAS will not be held liable for any misrepresentations or errors in description. It is the responsibility of the Bidder to attend the auction preview or schedule an independent preview to satisfy themselves as to the age, condition, value, count, or any other determining factors of the items. ATLAS has attempted to provide the correct item description and/or pictures however, any errors or omissions in any provided format, description, or picture, does not affect/or void the sale in any way. ALL SALES ARE FINAL. ATLAS will NOT be held responsible for any errors and/or omissions in the description, and/or pictures of the items. Bidder agrees that under no circumstances whatsoever will ATLAS, consignor/seller, and/or agents be held liable to any bidder for an amount greater than the purchase price of the item they purchased and only when in agreement that statement materially and intentionally was incorrect. Statements, conditions, or descriptions regarding items in the auction are provided in good faith and are only matters of opinion and approximation. Any dismantling of items is prohibited on the auction site or any consignor/seller property. Under NO circumstances shall the Bidder have any claim against ATLAS, consignor/seller, and/or agents in the event of any technical issues. Bidder is bidding on item information only. Pictures of items are provided as a reference only and may not always display accurately the correct lot or context. If buyer has a question regarding lot information or images, contact must be made PRIOR to bidding. If images display obvious information for lot with limited item text description and/or do not match lot described, buyer is using their expertise, knowledge and judgment to purchase the lot based on what the images portray, and the lot information provided. ATLAS, consignor/seller, and/or agents assume no liability for environmental issues in the property being sold whether real or personal. ATLAS, consignor/seller, and/or agents make no warranties or guarantees of any sort regarding any environmental issues and assume no liability of any sort if any ever do exist. No sales is final until certified by ATLAS and Bidder receives an invoice and provides good payment. The Auctioneer has requested and been granted access to see all bids placed including any maximum pre-bids. The Auctioneer is permitted to do so by herein providing this clear disclosure to the public. On-Line bids are advanced at pre-set increments available on the bidding web page. ATLAS may accept items with undisclosed reserve prices. Auction with Reserve: ATLAS, it’s agents, affiliates and the seller/consigner reserve the right to bid on his or her own behalf or on behalf of the seller/consigner on items on which there may be a reserve. The Auctioneer is permitted to do so by herein providing this clear disclosure to the public. Absolute Auction: ATLAS, it’s agents, and affiliates reserve the right to bid on his/her own behalf. The Auctioneer is permitted to do so by herein providing this clear disclosure to the public. This is a Public Auction and as such, all qualified bidders may bid including ATLAS owners, family members, agents, independent contractors, employees and any seller/consignor, company, group member, or employee. ATLAS may reject or cancel any bid for any reason. The record of the auction made by ATLAS shall be conclusive. ATLAS will not be responsible for any missed bids from any source. Bidding on any item at auction is an acknowledgement that the registered bidder has accepted the terms and conditions of the auction and that this is a legally binding contract. A winning bid implies a legally binding contract to fund the purchase. Transfer of title will not take place unit payment is made in full. Items will not be removed prior to payment in full. ATLAS reserves the right to hold items until payment is made in full. If you win an item in the auction you will be notified by email within 24 hours. All items will be charged to the credit card on file within 24 hours of invoicing unless other arrangements are made PRIOR to the auction start time. The initial invoice you receive after the auction close will be used for billing, any additional fees or charges may be sent in a separate invoice and charged to the credit card on file. All accounts will be settled at the conclusion of the auction or within 72 hours with prior approval. We accept Cash, Cashier's Checks, Visa, MasterCard, and Bank Wire Transfers (within 2 business days of auction close) as determined by the auction payment terms listed in the Terms Detail Section above. Checks must be accompanied by a Bank Letter. ATLAS reserves the right to withdraw or re-catalog items in the auction as needed. All announcements made day of auction or posted as an update in the terms & conditions will take precedence over all written, verbal or electronic statements. ATLAS reserves the right to update terms and conditions at any time without notice. Equal Opportunity: Bidding is open to the public. All qualified buyers may bid on the subject property without regard to race, color, religion, sex, familial status, national origin, or handicap/disability. ATLAS reserves the right to deny registration or refuse service to anyone. Vehicle Registration: Vehicles are sold “AS-IS WHERE IS” unless specifically stated in descriptions or announcements. ATLAS does not provide or guarantee vehicle emissions or other tests and assumes no liability for such testing. Such testing is the sole responsibility of the Buyer. Regarding emission testing, all titled vehicles are sold "AS-IS, TOW AWAY". ATLAS does not guarantee existing emission or other testing certificate for any vehicle. It is solely the buyer’s responsibility to determine if a titled vehicle is legal and able to be registered. Vehicles title will be mailed within 21 business days of all vehicle sales. ADDITIONAL TERMS: EXPORT: ATLAS is not originator and bears no liability or responsibility in relation to export of goods and/or associated taxes. Both domestic and non-domestic Buyers agree to comply with all United States export laws and regulations. INJURY AND DAMAGE: Auction registrants and attendees accept responsibility for any personal injury or property damage caused by him/herself or his/her agent, and further agrees to hold ATLAS, consignor/seller, and/or agents harmless from any personal injury to him/herself or his/her agent and any property damage incurred on auction/consignor premises, and releases ATLAS, consignor/seller, and/or agents, and clients from any liability due to any damage or injury. DISPUTES: Auctioneer shall designate the winning bidder for each item sold. If a dispute arises between two or more bidders, the Auctioneer reserve the right to reopen the bidding. The auctioneer's designation of a buyer shall be final. Any and all disputes that require litigation shall be administered and shall be enforced and brought in The State of Kentucky, Trigg County, and governed by the laws of the State of Kentucky. ATLAS reserves the right to select the venue for the litigation proceedings whether by arbitration or litigation. ATLAS reserves the right to receive compensation of any and all legal fees, collection fees and any other charges incurred by ATLAS as a result of any legal action. FOR FURTHER INFORMATON PLEASE CONTACT ATLAS Real Estate & Auction Services jabnerauctioneer@gmail.com 270-839-3136 ATLAS Real Estate & Auction Services is a division of: Abstract Enterprises LLC.