Terms and Conditions Bidding on and buying auction assets on www.ucnortheastkansas.com and its affiliated websites are subject to the series of obligations and rules below. oThe Terms of Website Use for this site. oThe auction-specific terms and conditions unique to each auction, which are represented on the auction details page for each auction on this site. oThe following general auction terms and conditions. Terms and Conditions for INTERNET-ONLY auction for: 623 West North St. Carbondale, KS 66414 BIDDING BEGINS: FRIDAY JANUARY 5, 2018 AT 1:00PM CDT; BIDDING BEGINS TO END FRIDAY, JANUARY 26, 2018 AT 1:00PM CDT. 1. Property is offered "as-is" with any and all faults with positively no contingencies. Buyer is responsible for conducting their own due diligence, including any desired inspections, at Buyer's cost, prior to close of auction. 2. This is a minimum opening bid auction. After a minimum opening bid of $37,000.00, the seller agrees to sell the property to the highest and last bidder. 3. A 10% BUYERS PREMIUM WILL BE ADDED TO THE FINAL BID TO DETERMINE THE CONTRACT PRICE. 4. Winning bidder must be able to close on property on or before FEBRUARY 23, 2018. 5. Any description of any improvement is for informational purposes only, and no representations, warranties or guarantees are made concerning quality or suitability for use. 6. The property shall transfer by Deed that is acceptable by title company, subject to seller obtaining merchantable title, free and clear of any and all liens. Seller and Buyer will split the cost of title insurance and the closing agent's fee 50/50. 7. Once bidding is closed, there shall be no further bidding. In the case of any disputes, the Auctioneer will use his judgment as to good faith of all claims and his decision is final. 8. All bidders are required to register online to participate in the auction. 9. If a bidder has an agent acting on their behalf that agent MUST fill out the "BUYER BROKER REGISTRATION FORM" and return it to the auction company no less than 24 hours prior to auction close and PRIOR to bidder registering for auction. In order to eligible for compensation from auction company said agent MUST attend all document signings and closings. 10. Should a dispute arise after the auction, auctioneer's records shall be conclusive in all respects. 11. This is a privately owned and operated auction. We reserve the right to refuse participation to any person(s). No transfer shall be recognized from one buyer to another. 12. Auctioneer and/or seller reserves the right to withdraw the property prior to auction close. 13. Bidder does hereby indemnify and hold harmless Auctioneer/Real Estate salesman, broker, Auction Company, and Seller from any and all damages, claims or liabilities from injuries to person or property of any type whatsoever, caused during auction. 14. Auction company has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of the Auction Company or the seller. 15. Auction company and seller are not responsible for a bidder's inability to participate in this auction, including but not limited to, technical issues, internet issues, personal ability, etc. 16. ANY BID SUBMITTED ONLINE CONSTITUTES A BINDING OFFER TO PURCHASE AND AGREEMENT TO THE TERMS & CONDITIONS, AS WELL AS AGREEMENT TO PERFORM. 17. Earnest money: The high bidder shall present non-refundable earnest money in the amount of 10% of the contract price in certified funds, personal check, or cash, at the property or other agreeable location, and sign the purchase contract no later than 1:00pm CDT on saturday January 27, 2018. Said earnest money will be tendered and made payable to Peimann Title & Escrow, Inc., and will be deposited into their escrow account and held until closing. Said escrow company shall also handle all closing matters. Balance of the purchase price shall be due and payable at closing on or before February 23, 2018. Time is of the essence in this transaction. 18. United Country- Heart of America Real Estate and Auction listing agent Richard Garvin is a designated seller's agent in this transaction and represents the seller, not the buyer. Sold "AS-IS, WHERE IS" United Country Heart of America Real Estate & Auction AND SELLER FURNISH ALL AUCTION ASSETS TO BUYERS "AS IS," UNSUPPORTED, WITHOUT WARRANTY OF ANY KIND. United Country Heart of America Real Estate & Auction AND SELLER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Assets are sold in their actual current condition, with all faults and defects, and with all errors of description. United Country Heart of America Real Estate & Auction liability to a purchaser will never exceed the purchase price actually paid for an asset. Bidders accept all auction assets "with all faults", whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction assets. Bidders are strongly advised by United Country Heart of America Real Estate & Auction to take care to satisfy all questions or concerns about the auction process, bidding process or auction assets before placing a bid. Inspection and contact information for the seller of every asset is posted in the item details for that asset. Buyers are responsible for the cost of auction asset mobilization, disassembly, rigging, transport, insurance and all other costs related to physical transfer of auction assets from their location at the time auction bidding ends. If the pictures displayed with descriptions do not appear to match, contact bewise3@embarqmail.com or call 785.224.7819 to report the auction date and item number. ASSETS DEEMED ABANDONED - CONSEQUENCES Assets not claimed by the buyer within the time specified in the auction's specific terms and conditions will be deemed "abandoned property," regardless of whether payment has been received by United Country Heart of America Real Estate & Auction or the seller, the transaction between the seller and buyer cancelled without further notice or process and/or those assets may be resold. ABSENTEE BIDS While United Country Heart of America Real Estate and Auction will make every effort to assist bidders, we do not accept absentee bids. Please utilize the maximum bid feature. BID RESCISSION AND REJECTION United Country Heart of America Real Estate & Auction reserves the right to rescind or reject any and all bids. BID RETRACTION Buyers agree not to retract any bid they place on the site. BUYER'S PREMIUM A 10% buyer's premium will be added to all winning bids, resulting in the total purchase price. SALES TAX All sales are subject to appropriate state sales tax laws. Winning bidders have the burden of proving their exemption from sales taxes to United Country Heart of America Real Estate & Auction. ASSET TRANSFER AND RISK OF LOSS POST-AUCTION Assets will not be released to buyers until full payment to United Country Heart of America Real Estate & Auction has been received and funds confirmed. An auction asset becomes the full responsibility of the buyer at the close of bidding on that asset, and the buyer immediately assumes all risk of loss and damage to the asset. AUCTIONEER'S DISCRETION United Country Heart of America Real Estate & Auction has full discretion to modify the date and time, order, and details of the sale of any asset or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of United Country Heart of America Real Estate & Auction or the seller. CHOICE OF LAW AND VENUE; WAIVER In any matters in which United Country Heart of America Real Estate & Auction and/or any of its employees, officers, directors, shareholders, agents or assigns is made a party, the law of the State of Kansas shall apply, without regard to its law pertaining to conflict of laws, and any dispute shall be decided in the courts of Jefferson County, Kansas. All claimants consent to the personal jurisdiction of those courts. Auctioneer may waive any provision of these Terms and Conditions, but only in writing. No such waiver shall effect any other provisions of these Terms and Conditions, nor shall it amount to a permanent waiver of that particular provision. Updated: March 12, 2017