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BIDDING PROCEDURES AND AUCTION TERMS ** THIS IS A NON BIDDING LOT**
ADDENDUM A BIDDING PROCEDURES AND AUCTION TERMS For online auction conducted by: Schrader Real Estate and Auction Company, Inc. On behalf of: Estate of Eldon J. Sumpter (“Seller”) Online Bidding Ends: March 11, 2024 at 6:00 p.m. (EDT) * (* unless extended as provided below) PART A - BIDDING PROCEDURES: - Online bidding is open to anyone who has:
- Obtained an Online Bidding Number by successfully applying for access to Online Bidding Services and agreeing to the Online Bidding Terms through the Auction Company’s website (http://schraderauction;com and/or https://schrader.nextlot.com); and
- Successfully registered to participate in this auction and agreed to the particular Auction Terms that apply to this auction.
- The initial bidding period ends at 6:00 o’clock p.m. (EDT) on Monday, March 11, 2024, at which time all bidding will close unless the bidding is extended in accordance with paragraph 3 below.
- If a bid is made during the final minute of the initial bidding period (or during the final minute of any extended bidding period): (a) the online bidding platform will extend the bidding for an additional five minutes; and (b) this extension of bidding will continue until an extended bidding period ends with no bid having been made during the final minute thereof, at which time all bidding will close.
- For purposes of the foregoing provisions, a bid (including a phone bid) is “made” if and when the bid is successfully transmitted to and registered by the online bidding platform. The time that any bid is made and the extension and/or closing of any bidding period shall be determined by the online bidding platform.
- Phone bids will be entered in the online bidding platform by auction personnel. A phone bidder assumes all risk of any delay from the time of the phone bid and the time the bid is successfully transmitted to and registered by the online bidding platform.
PART B - AUCTION TERMS: - The Auction Terms that apply to this auction (“Auction Terms”) consist of the provisions contained in the Agreement to Purchase and this Addendum A, both of which have been posted to the auction website: https://www.schraderauction.com/auctions/8710.
- The Auction Terms contained in this Agreement to Purchase and this Addendum A are non-negotiable and they supersede and control over any oral statements and/or any other written terms stated in the auction brochure and/or the auction website or otherwise.
- After the bidding closes, a purchase offer for the final high bid will be completed by the Auction Company and delivered to the high bidder (“Buyer”) who shall then sign and return the purchase offer to the Auction Company. The purchase offer will be in the form of the Agreement to Purchase and this Addendum A (as posted to the auction website) and may be signed and/or delivered electronically.
- A Buyer’s Premium equal to 5% of the high bid amount will be charged to Buyer and added to the bid amount to arrive at the purchase price.
- The final high bid is subject to the Seller’s acceptance or rejection. The final high bid may be accepted at any time before the end of the first business day after the close of bidding.
- Buyer shall deliver an earnest money deposit to Auction Company in the amount of 10% of the purchase price. The earnest money may be delivered in person or by wire transfer, but it must be received by Auction Company on or before Tuesday, March 12, 2024.
- The balance of the purchase price is due in cash at closing. Bids are not contingent on financing. Each bidder is responsible for having arranged any financing prior to bidding.
- The closing will be scheduled in accordance with Section 7 of the Agreement to Purchase in your Bidder’s Packet. The targeted closing period is on or before April 12, 2024.
- Seller shall have the right to retain possession for up to 30 days after closing.
- The closing agent’s fee to administer the closing will be shared equally (50:50) between the Buyer and Seller. Buyer will pay all costs of any loan obtained by Buyer. Real estate taxes will be prorated to the date of closing.
- Seller will furnish the deed and owner’s title insurance at Seller’s expense in accordance with the terms of Section 5 of the Agreement to Purchase.
- Preliminary title insurance schedules dated February 14, 2024 have been prepared by Lakeland Title Company and posted to the auction website.
- Buyer agrees to accept title and acquire the Property subject to all “Permitted Exceptions” as defined in Section 6 of the Agreement to Purchase. The title is to be conveyed and the title insurance is to be issued free and clear of any mortgage.
- Without limiting Section 6 of the Agreement to Purchase, Buyer agrees to accept title and acquire the Property subject to all matters (including utility easements and building lines) shown in the Plat of Fairview Meadows and the Replat of Lot 5 of Fairview Meadows. Copies of the recorded Plat and Replat have been posted to the auction website.
- The advertised acre estimate is an approximation based on the acres shown in the property tax records. No warranty or authoritative representation is made as to the number of acres included. The purchase price shall not be subject to adjustment regardless of the number of acres shown in any survey or other record created before or after the auction.
- The Property will be conveyed using the existing legal description without obtaining a new survey.
- Boundary lines depicted in the auction marketing materials are approximations provided for identification and illustration purposes only. They are not provided as survey products and are not intended to depict or establish authoritative boundaries or locations.
- If a dispute arises prior to closing as to the location of any boundary, the Auction Company may (but need not) terminate the purchase contract by giving written notice of termination to Buyer, but only with the Seller’s consent. In the event of such termination, the earnest money shall be refunded to Buyer and the Property may be re-sold free and clear of any claim of Buyer. In lieu of consenting to such termination, Seller may elect instead to enforce the purchase contract according to its terms.
- The advertised square footage of the home is approximate and has been estimated based on property tax information. No warranty or authoritative representation is made as to the size of the home.
- The washer and dryer, stove, refrigerator and dishwasher are included with the sale of the home.
- Buyer’s obligation to purchase and acquire the Property at closing is not contingent upon any post-auction inspection, investigation or evaluation of the character, condition or suitability of the Property. Buyer is responsible for having completed all inspections, investigations and evaluations before bidding. Buyer acknowledges that Buyer has either completed all such inspections, investigations and evaluations or has knowingly and willingly elected to purchase the Property without having done so. In either case, Buyer assumes all risks and agrees to acquire the Property “AS IS”.
- Without limiting the foregoing provisions, Seller and Auction Company and their respective agents and representatives make no warranty or authoritative representation as to: (a) zoning matters; (b) whether the Property qualifies for any particular use; (c) the availability or location of utilities; (d) the availability of any permit; or (e) the accuracy of any materials or information prepared or provided by any third party regarding the auction and/or the Property.
- Schrader Real Estate and Auction Company, Inc. and its agents and representatives are exclusively the agents of the Seller.
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