| REAL ESTATE TERMS: Auctioneer reserves the right to offer property to result in the highest bid price. 1. Auction Registration: Registration will begin 1 hour prior to the Auction. To register and receive an assigned number, a prospective bidder must: (a) Provide his or her name, social security number, residence address, telephone number and identification. 2. Deposits/Cashier's Checks: For the property purchased at the Auction, the successful bidder must deliver to Badger Auction, Inc. (the” Auctioneer") CASH or CASHIER'S CHECK (NO EXCEPTIONS PLEASE) earnest monies in the amount of ten percent (10%) of final accepted bid plus ten percent (10%) buyer’s fee. Third party checks will NOT be accepted. Cashier's checks should be made payable to yourself. The remaining amount of the purchase price will be due by cash or certified check the day of the closing, must be completed within 30 days of the auction. 3. Buyer's Fee: A 10% buyer's fee will be added to the final bid and included in the total contract price. 4. Conditions: The property will be sold in "AS IS" CONDITION. The seller and Auctioneer hereby expressly disclaim making any warranties or representation whatsoever, expressed or implied, written or oral. An owner's Title Insurance Policy will be provided by the Seller at the Seller’s expense. Seller assumes the obligation of paying all taxes and assessments occurring up to closing. Seller reserves the right to reject any or all bids. The Buyer assumes the responsibility of the Closing Costs, including but not limited to, the preparation of the Closing Statement and Recording of the Deed Fee. All information was derived from sources believed correct, but is NOT guaranteed. Buyers shall rely entirely on their own information, judgment and inspection of the property and records. Buyer assumes full responsibility for any and all reports, removal or disposal of any hazardous materials. 5. Title: Seller agrees to provide a Title Insurance Policy, in the amount of the purchase price to Buyer and Buyer and Seller acknowledge and agree that the cost of such Binders shall be of the Seller's expense, and will be paid at closing. 6. Contracts: The successful high bidder(s) on the property (ties) will be immediately required to sign a bidders receipt and acknowledgement and submit cash or cashier’s check in the amount of ten percent (10%) of final bid plus ten percent (10%) buyer’s fee of the purchase price. 7. Closing: Balance of the purchase price will be due at closing within 30 days. 8. Default: If the purchaser fails to comply with any of the PROCEDURES, TERMS AND CONDITIONS, the seller may, at its option retain the ten percent (10%) earnest money deposit as liquidated damages and the auction company may at its option retain the ten percent (10%) earnest money (buyer’s fee) as liquidated damages. If any sale is so cancelled prior to the completion of the Auction, the property may, at the Seller's discretion, be re-offered and resold. 9. Representations: All information was derived from sources believed to be correct, but is NOT guaranteed. Prospective Purchaser(s) shall rely entirely on their own information, judgment and inspection of the property and records. Neither Seller nor Auctioneer makes any representation or warranties as to the accuracy or completeness of any information provided. 10. Announcements: All announcements made the day of Auction will take precedence over all previously printed material and any other oral statements made. In the event of a dispute over any matter, the Auctioneer shall make the sole and final secession and will have the right either to accept or reject the final bid or reopen the bidding. 11. Injury/Damage: Bidder acknowledges responsibility for any personal injury or property damage caused by bidder or his agents. Bidder further agrees to hold harmless Badger & all parties for whom Badger is acting agent, for any personal injury to himself or his agents and any property damage incurred on sales premises. 12. Broker Participation: Real Estate Broker participation is encouraged. A commission equal to 2% of the Contract price will be paid to qualified licensed Real Estate Brokers, if and when a Broker's properly registered prospect is the high bidder, purchases and closes on an Auction property. To qualify for the commission, the Broker MUST: (a) Be an active, duly licensed real estate broker, not prohibited by law from participation. (b) Register the Prospect(s) on company stationary with both the prospect's and broker/salesperson's signatures at least 48 hours before the Auction (BROKER PARTICIPATION DEADLINE July 15, 2009 at 1:00 p.m.). Registration notice must be sent to Auctioneers Headquarters by mail or fax attn: Badger Auctioneers. Neither seller nor Auctioneer is responsible for delay or failure to meet deadline if Broker relies on this or any other method of delivery. There are no provisions for deadline extensions. No oral registration will be accepted. No commission on the property will be paid to any Broker participating in purchase of the property. There can be NO EXCEPTIONS to this procedure, in the case of multiple registrations of the same prospect by different brokers; the first registration received will be recognized. The real estate agent must attend and register with the prospect at the Auction and any inspections Everything is sold "as is, where is" with no guarantees or warranties. IMPORTANT NOTE: If the high bidder of an item does NOT acknowledge the purchase, BacBid reserves the right to determine how and to whom it will be resold. If we determine that the winning bid was not a bona fide bidder, the item WILL NOT AUTOMATICALLY go to the next second-highest bid. BacBid reserves the right of the owners to bid on their own equipment. BacBid Reserves the right to end the sale at anytime. BacBid and the Owner/Seller reserve the right to withdraw items from the sale at any time before, during or after bidding is complete. In the event of removal after bidding is complete, the high bidders sole remedy shall be the refund of the amount actually paid if payment has been made. |