ALTAS Real Estate & Auction Services Live Real Estate Auction Terms & Conditions: Moon River Marina: 3025 Rockcastle Rd., Cadiz, KY 42211 Auction Type: LIVE Auction Held 12/19/2019 @ 10:00PM The property will be offered AS-IS, WHERE-IS with no Warranties Express or Implied. The property will sell Subject to Sellers Confirmation. Placing a Bid: Once a bid is offered, the Bidder is legally bound to this bid. Buyers Premium: A 7% 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. Closing Extension Option: Buyer may choose to close on or before January 3rd, 2019. 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: Property is selling per public record. 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:___________________________________ ALTAS Real Estate & Auction Services: On-Line Real Estate: Terms & Conditions: On-line Auction Terms & Conditions: Moon River Marina Auction 1. AUCTION EVENT TYPE: Timed Online Auction becomes LIVE Simulcast Auction Held 12/19/2020 @ 10:00AM Subject to seller confirmation within twenty-four hours of the close of the entire Auction. On-Line Pre-Bidders MUST participate in the LIVE Auction 12/19 to be the final winning bidder of individual properties. Live Participation Options: 1. Live On-Site 2. Live via phone 3. Live Simulcast On-Line 4. Max Bid/Proxy Bid (either through the On-Line system or left with the auctioneer) 2. LOCATION: Harper House Restaurant 123 DJ Everett Dr., Cadiz, KY 42211 3. On-Line AUCTION START DATE/TIME: 11/20/2020 10:00AM 4. On-Line Simulcast AUCTION Start DATE/TIME: 12/19/2020 10:00AM 5. PREVIEW DATES: Contact office for showing details, By Appointment only jabnerauctioneer@gmail.com or 270-839-3136 6. BUYERS PREMIUM: 7% will be added to the final bid to obtain final sale price (ex. $100.00 x 7% =$107.00) Real Estate Taxes: Ad Valorem taxes to be prorated between buyer and seller and paid at closing for current tax year. 7. TYPES OF PAYMENT: Cash | Cashier's Checks Bank Wire add +$18.00 fee Domestic or $36.00 fee International *Online Only: A +3% processing fee will be applied to all Credit Card Transactions Accepted Credit Cards: Visa | MasterCard | AMEX Checks: With a Bank Letter of Credit (see letter guidelines below in terms) 8. PAYMENT & CHECKOUT TIME: Online Bidder - Down Payment: 10% of the purchase contract price will be due within 24 hours of the close of the auction. If payment arrangements via check are needed such arrangements must be made within 24 hours with the Auction Company. A certified Bank Letter must be submitted with any personal or business checks. Without prior arrangement 10% of the purchase contract price will be charged to the credit card used for registration. 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. Failure to perform will result in loss of deposit. ** If you currently do not have the funds to pay for your purchases, DO NOT BID ** BIDDING: The online auction will open for bidding 11/20/20 at 10:00AM and go Live Simulcast 12/19/20 at 10:00AM. You may leave a max bid by clicking SET MAX and the system will auto bid for you to that max amount. If you have questions about this process contact us: jabnerauctioneer@gmail.com or 270-839-3136 ONLINE BIDDING: Steps: **Bidding available On-Line and via Mobile App** 1 - Click the Register to Bid Button then the Sign up Button - Complete the Registration 2 - Agree to the Terms and Conditions of the Auction and Click SIGN UP 3 - Activate your account by following the instructions sent to your email 4 - After Account is Activated sign in and complete registration 5 – Once account is registered bidders may Sign In without completing steps 1-4 for all auctions unless registering with new credit card 6 - Click on Lots to view details, pictures, and place bids 7 – Max Bids may be left by clicking SET MAX and the system will bid for you ** 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. ** **Online Bidders - Credit Cards will be processed within 24 hours after close of auction unless you contact our office to make other arrangements email: jabnerauctioneer@gmail.com or 270-839-3136 AUCTION TERMS AND CONDITIONS: All Sections of the Terms and Conditions apply no matter the section title. ONLINE PARTICIPATION REQUIREMENTS: Valid Credit Card Authentication, accurately completed registration form and approval by Auction Company is required for bidding registration. Bank letter of Credit with the following information included: 1) All Buyers wishing to pay by check must provide a Bank Letter of Guarantee. All letters must be emailed to jabnerauctioneer@gmail.com. BANK LETTER REQUIREMENTS: The letter must be on bank letterhead and include: (Customer Name) is in good standing with (Bank Name). We guarantee the payment checks on his/her account (Account Number) up to (specify amount) dollars for purchase at your auction in (Auction Location) on (Auction Date). We hereby agree that no stop payment will be issued in conjunction with this letter." PAYMENT INSTRUCTIONS: All onsite purchases MUST be paid for/deposit made day of auction and online MUST be paid for/deposit made within 24 hours unless arrangements/agreements have been made PRIOR to auction. (A $50.00 fee shall be assessed to Buyer for all returned checks and interest may be charged at the rate of 3% of the total invoice weekly plus, any additional costs, labor or fees incurred to pursue collection). If payment/deposit is not made in full: Buyer may be banned from registration and/or bidding in any and all auctions associated with ATLAS Real Estate & Auction Services, its affiliates, and/or industry associates. If a credit card is listed on file, the buyer grants permission for that card to be charged over a period of time until the total fees and charges are paid in full. All legal fees, collection fees and any other charges arising from nonpayment will be paid by the Buyer. ** If you do not currently have the funds to pay for your purchases DO NOT BID. ** 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. Survey: A plat map for the subject properties has been recorder in Christian/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. 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. AGENCY: ATLAS Real Estate & Auction Services act as the seller’s agents. only 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. 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. FOR FURTHER INFORMATON PLEASE CONTACT ATLAS REAL ESTATE & AUCTION SERVICES 270-839-3136 OR jabner.atlas@gmail.com On-Line SPECIAL TERMS & CONDITIONS: -This property is being sold - "AS IS", "WHERE IS", NO REFUNDS or EXCHANGES. NO CREDIT CARD CHARGE BACKS. ALL SALES ARE FINAL. THERE ARE NO GUARANTEES OR WARRANTIES EXPRESS OR IMPLIED. Statements, conditions, descriptions, accurate weights or measures on or about items in the auction are provided in good faith and are only matters of opinion. The Auctioneer, auction company and Consignor/Seller disclaim all warranties, express or implied, about the merchantability of the items and their fitness for a particular purpose. Items offered may or may not be sold as described and/or photographed in item description catalog. ALL SALES ARE MADE "AS IS, WHERE IS" AND BUYER ACKNOWLEDGES HAVING INSPECTED THE PROPERTY WHETHER IN PERSON OR ONLINE AND TO BE SATISFIED WITH SAME PRIOR TO BIDDING. BUYER IS SOLELY RELYING UPON THEIR OWN EXPERTISE IN CHOOSING TO MAKE ANY PURCHASE. ATLAS Real Estate & Auction Services and Consignor/Seller assume no liability for any environmental issues in the assets being sold. ATLAS Real Estate & Auction Services and Consignor/Seller makes no warranties or guarantees of any sort regarding any environmental issues and assume no liability of any sort if any ever do exist. All counts and weights of items are approximate. All information provided by the Consignor/Seller is believed to be correct, but not guaranteed by ATLAS Real Estate & Auction Services. 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. A Buyer`s Premium indicated in details section above will be added to all purchases; a 3% administrative fee will apply to ALL credit card purchases. If you do not currently have the funds to pay for your purchases DO NOT BID. 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. SALES TAX WILL BE CHARGED on all purchases unless otherwise stated in the above section. Additionally, each buyer shall be responsible for payment of any city, county and/or state sales tax that may apply. By registering to bid, buyer is entering into a legally binding contract and agrees to be bound by and adheres to all terms and conditions of this auction. ATLAS Real Estate & Auction Services 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 any and all written, verbal or electronic statements, Auction Company reserves the right to update terms and conditions at any time without notice. Registration: Online bidding will be conducted with an online bidding platform-Internet Bidders are required to register with the online bidding platform and receive an Auction Registration Bidder Number. ATLAS Real Estate & Auction Services is providing Internet Auction bidding as a service. ATLAS Real Estate & Auction Services will not be held responsible for any issues with technology, Auction or Live Bidding via the internet. Internet bidders who desire to make certain their bid is acknowledged should use the max bidding feature and leave their maximum bid 24 hours prior to the beginning of the auction. By registering to bid and/or bidding on any item in the auction the registered bidder has accepted the terms and conditions of the auction and agrees to adhere to and be bound by all sections of the auction terms and conditions. This is a legally binding contract whether attending onsite or by clicking to agree to the terms and conditions online, or by email the buyer is bound by the terms and conditions set forth in this contract. 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. Title to the merchandise transfers to Bidder, only when Bidder`s payment is honored.