Terms And Conditions for SIMULCAST ONLINE BIDDING for J. D. Harrison Farms, Inc. & Others Auction - Tuesday, January 17, 2017 @ 10:30 AM - Plymouth, NC 1. Auctioneers are AGENTS OF THE SELLER. It is the auctioneer's job to sell the items offered at the best price and terms advantageous to the SELLER. 2 All items must be paid for in full in U. S. Funds by Cash or approved check. 3. All items are offered, AS IS AND WHERE IS," with "NO Warranties, as to condition or purpose of use. All items are offered in units of measure as announced at the time of sale. The auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole discretion or to sell items in bulk if such action serves the best interest of the Seller. In addition, auctioneer reserves the right to offer items by the "Round Robin" method, whereby bidders will have more than one opportunity to bid on any item and to close the bidding on any item, on groups of items or all items at once if it benefits the SELLER! 4. Auctioneer will receive bids from any responsible and registered bidder who makes his/her bid known, so long as he/she conducts themselves in an orderly manner. 5. Auctioneer reserves the right to determine the increments of bidding. 6. Upon the award of the bid, title and risk of loss, damage to or destruction of the purchased item, passes to the purchaser, and auctioneer shall have no liability whatsoever for any damage to, loss of or destruction of any such item. 7. No items may be removed until settled for in full. All items must be removed within the time announced at the sale, at purchaser's sole cost and risk. 8. All rights, privileges and powers reserved or granted to auctioneer in these Terms of Sale shall be deemed reserved and granted to auctioneer's employees, advertising representatives, and all owners for whom the items are being sold. 9. Any person who is properly registered with the ability to pay for items purchased, including auctioneer and auctioneer's staff, may bid on items offered. 10. ON THOSE ITEMS THAT HAVE A RESERVE PRICE, AUCTIONEER RESERVES THE RIGHT TO BID ON BEHALF OF THE SELLER UNTIL THE RESERVE PRICE IS REACHED. 11. Auctioneers have made every effort to provide the most complete information possible. However, Auctioneers do not warrant the completeness or accuracy of the information provided. Online bidders are responsible to inspect the items or hire their own representative to inspect the items to the Buyer's satisfaction. 12 Should technical issues arise with the server, software provider, software, or any other online auction difficulties, United Country Forbes Realty & Auctions, LLC nor any of its service providers shall be held liable, or responsible, for any missed bid or failure of any of the software to function as designed. 13. No Stop Payment Orders or Credit Card Charge-Backs. Each Registered Bidder agrees that such Registered Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card charge-back with respect to any purchases at the Auction. Each Registered Bidder further agrees that if, in violation of these Terms and Conditions, a stop payment order is issued or a credit card charge-back is initiated, these Bidder Terms and Conditions shall be conclusive evidence of the Registered Bidder's (i) waiver of any rights to issue a stop payment order or to initiate a credit card charge-back, and (ii) agreement not to issue a stop payment order or to initiate a credit card charge-back; and each Registered Bidder acknowledges and agrees that on Auctioneer's presentation of these Bidder Terms and Conditions to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution shall reverse any stop-payment order and/or deny any credit card charge-back, and shall re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, a Registered Bidder issues a stop payment order or initiates a credit card charge-bank, such Registered Bidder shall, even if successful, remain liable for all purchases made at the Auction, and shall be responsible for all costs and expenses, including attorneys' fees, incurred by or on behalf of Auctioneer or Seller in challenging the stop payment order or credit card charge-back and in collecting payment for the Property purchased at the Auction. Each Registered Bidder agrees that the agreement not to issue a stop payment order or to initiate a credit card charge back is a condition to the issuance of a Bidder Number to such Registered Bidder, and is being made as an inducement for Auctioneer to accept such Registered Bidder's Bidder Registration and to issue a Bidder Number. Each Registered Bidder acknowledges and agrees that Auctioneer is relying on the Registered Bidder's agreement not to issue a stop payment order or to initiate a credit card charge back in accepting such Registered Bidder's Bidder Registration and in issuing a Bidder Number. 14. Governing Law; Jurisdiction; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties shall be brought in the state or federal courts sitting in and for Perquimans County, North Carolina, which courts shall have exclusive jurisdiction, and shall be the exclusive venue, for any and all such claims, disputes, and other matters. The parties, and each of them, irrevocably and unconditionally (i) agree that any claim, suit or cause of action relating to this Agreement, or the transactions contemplated hereby, shall be brought in the state or federal courts sitting in and for Perquimans County, North Carolina, (ii) consent to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waive any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waive any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. 15. Auction Location. The Auction is being conducted in Perquimans County, North Carolina. These Bidder Terms and Conditions are entered into in Perquimans County, North Carolina, and all bids are received in Perquimans County, North Carolina regardless of the physical location of the Bidder, the Seller, or the Auctioneer. All Property is offered for sale in Perquimans County, North Carolina, and will be Knocked-Down (declared sold by the auctioneer) in Perquimans County, North Carolina. Each bidder has made a willing and knowing election to participate in the Auction, and to engage in the transactions arising from and/or related to the Auction, in Perquimans County, North Carolina. 16. For consideration of honoring my bid, I agree to the following: A. To abide by the terms and conditions of today's auction, whether printed or announced. B. That any merchandise, that I bid on and am the high bidder, I will accept and pay for same in U.S. Funds. I further agree that if my check is not honored when presented to by bank, I will pay United Country Forbes Realty & Auctions, LLC any costs, or damages, including but not limited to bank charges, amount of check and any attorney fees incurred in the collection of said check. C. I agree that I have no rights to remove any property purchased until paid for in full immediately after the auction. BUYER BIDDER NUMBER _________ _________________________________________ Buyer Printed Name ___________________________________(SEAL) BUYER Signature January 17, 2017 _____________________________ Address __________________________________________ City. State, Zip Buyer Phone # ( ) ________________________ Buyer's email address: ______________________________