Auction Terms & Conditions: Kirby Lawrence Estate Land & Timber Land Real Estate Auction Terms & Conditions The Following Terms & Conditions Apply to The Online Real Estate Auction of 34+/- Acres of Jeffeson County Land. Jefferson County Parcel Numbers: Parcel : 001-11269-000, Parcel: 001-11266-000, Parcel: 001-14260-000, Parcel 001-14261-000 Bidder must read and accept all of the terms and conditions set forth below in order to bid. (PLEASE SCROLL DOWN & READ ALL TERMS BEFORE PLACING ANY BIDS) Buyer's Premium: A buyer's premium of Ten percent (10%) of the high bid will be added to the bid to determine the final purchase price. This Auction is Court Orderd and has to be approved by the Jeffeson County Probate Court. The successful purchaser will be required to make an earnest money down payment in the amount of $10,000 .00 of the contract purchase price, made payable to Pine Bluff Title Company in Certified Funds. The balance is due in 30 days at closing. Purchaser will receive a General Warranty Deed at closing. Additionally, Seller will provide the purchaser an Title Insurance Policy at closing. Buyer & Seller will each pay their respective portion of the closing cost & taxes will be prorated to the date of closing. PLEASE NOTE: Tracy Robinson Auctioneers, requires a credit card for bidder verification/registration purposes only. Your Credit Cart will not be charged for anything related to this Auction. Tracy Robinson Auctioneers will contact the winning bidder by phone at the conclusion of the auction with detailed payment instructions. (See payment instructions below) Buyer's Commitment: Your bids placed on the Tracy Robinson Auctioneers Hi-bid Online Auction platform are a FIRM COMMITMENT TO BUY and you are responsible for paying all amounts due. PAYMENT: Internet Online Only Payment Instructions: Winning bidder will be required to tender $10,000 immediately following the auction in form of a cashier's check made out to Pine Bluff Title Company. The balance will be due in 30 days at closing. Buyer & Seller will each pay their respective portion of the closing cost & taxes will be prorated to the date of closing. Additional Terms of Sale: 1. Your bid is a FIRM COMMITMENT TO BUY should you be the winning bidder. 2. All property is sold "AS IS". 3. By bidding on property, the bidder shows acceptance of the terms of the auction 4. All announcements made prior to the close of the Internet bidding take precedence over all written or verbal statements. 5. Wooley Auctioneers attempts to describe the property to the best of our abilities however we make no representations or guarantees. In no event shall Wooley Auctioneers, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a purpose. Nor shall we be responsible for any errors or omissions in the description of the property. Wooley Auctioneers, Inc. is providing an Internet auction as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against Auction Company or anyone else if the Internet service fails to work correctly during the online auction. Internet bidders who desire to make certain their bid is acknowledged should use the proxy bidding feature and leave their maximum bid at least 24 hours before the auction closes. SOFT CLOSE:EXPLANATION: if an a bid is place within the last 5 minutes, then the close time will be extended 6 minutes from the time the bid is placed. The time will continue to be extended for 6 minutes with each newly placed bid and the item will not close until 6 minutes has elapsed with no additional bid activity. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. 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34 +/- Acres Mostly in Timber TO BE SOLD IN ITS ENTIRETY Parcel : 001-11269-000 Parcel: 001-11266-000 Commencing at the Northeast corner of the West half of the Southeast quarter of the Southwest quarter of Section 34, Township 6 South, Range 11 West of the 5th P. M., thence South 300 feet for a point of BEGINNING, thence South 1020 feet, thence West 660 feet, thence North 1020 feet, thence East 660 feet to point of BEGINNING, containing 15 acres, more or less. AND Parcel: 001-14260-000 The North 528 feet of the Northeast quarter of the Northwest quarter of Section 3, Township 7 South, Range 11 West of the 5th P. M., described as BEGINNING at the Northeast corner of the Northeast quarter of the Northwest quarter, thence South 528 feet, thence West 1320 feet, thence North 528 feet, thence East 1320 feet to point of BEGINNING, containing 15 ¼ acres, more or less. AND Parcel 001-14261-000 Parcel part of the Southwest quarter of the Southwest quarter of Section 34, Township 6 South, Range 11 West of the 5th P. M., described as BEGINNING at the Southeast corner of the Southwest quarter of the Southwest quarter of Section 34-6-11, thence West 165 feet, thence North 1020 feet, thence East 165 feet, thence South 1020 feet to point of BEGINNING, containing 3 &¾ acres, more or less,