TERMS AND CONDITIONS Home and 1.5+- Acres 620 Haven Circle, Riverside, Alabama May 27, 2023 10:00 AM EST CONDITIONS OF SALE: American Auctioneers, LLC (Auctioneer) has entered into a contract with Phillip E Fleming(Sellers) to offer at auction certain real estate consisting of Home and 1.5+- Acres at 626 Haven Circle, Riverside, Alabama. All property is selling “AS IS, WHERE IS” free and clear from all liens and judgments and “WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. We request all bidders register and obtain a bid number. This is a cash sale. It is not contingent upon Purchaser obtaining financing. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders or any other issues that might arise before, during or after the Auction. These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract, which will prevail over this document and any other agreement between the Buyer and Seller. The Seller has the right at his or her discretion to add or withdraw all or any portion of the property before the auction on May 27, 2023, 10 AM EST. RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, regulations, covenants, any existing rights of way and all other matters now of record. PAYMENT: A 12% Buyer’s Premium on Real Estate will be added to the Bid Price at day of the auction to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable down payment equal to 10% of the final purchase price immediately following the Auction. This payment may be made with bank wire. This down payment will be held by American Auctioneers until closing. In the event the purchaser fails to close and pay his/her balance when due, the down payment may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer. SURVEY: The real estate has been surveyed. There will be a survey fee of $____which will be due and collected within 72 hours as part of the down payment. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release American Auctioneers, LLC from all liability in all matters concerning the survey. CLOSING: Closing shall take place within 30 days of auction on or before June 26, 2023, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. Unless otherwise requested by the buyer, the closing attorney is Rice, Rice & Yates, P.C., 403 Choccolocco Street, Oxford, AL 36203, 256-831-8795. CLOSING COSTS: The Sellers will provide a warranty deed at closing. If the Seller is unable to convey clear title to the property, the Purchaser(s) down payment will be returned. All other costs including, but not limited to, Attorney’s Closing Fees, Recording Fees, Title Search, Title Opinion, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense. POSSESSION: Purchaser(s) will be granted possession at closing on or before June 26, 2023. TAXES: The Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they will be the responsibility of the purchaser. AGENCY: The Auctioneer is acting as agent for the Seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between Sellers and the Auctioneer. The Auctioneer is not acting as an agent for the Purchaser in this transaction. Any third party broker is not a sub-agent of the Auctioneer. BUYER’S NOTE: American Auctioneers, LLC, and the Seller reserves the right to amend any terms of conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is strongly recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or down payment after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information. American Auctioneers, LLC is the “Agent of the Seller” and our fiduciary duties of loyalty and faithfulness are owed to the Seller. NOTE: This auction is being recorded by both audio and video in its entirety for legal purposes. Your participation in this auction means that you agree with these terms. 1) Participation Requirements: Valid Credit Card required for bidding approval Payment Options: Personal, cashiers, or company check, or Bank Wire Payment Instructions: Accepted forms of payment only. Payment is Required within 72 hours of the winning bid. Your Credit Card ON FILE WITH PROXIBID will be charged AFTER THAT PERIOD FOR 10% of Total Purchase Amount +3% CREDIT CARD FEE unless you contact us prior to arrange to wire funds. Total Purchase amount is Bid price plus Buyers premium and Survey Fee. Declined cards will be charged a $10.00 re-processing fee for each attempt to bill your card. PLEASE BE SURE YOU HAVE SUFFICIENT CREDIT ON YOUR CARD PRIOR TO PURCHASING! 2) There is an additional 2% Internet Purchase fee on top of the following: American Auctioneers charges 10% Buyer's Premium plus any credit card fees. Credit card payments will be charged an additonal 3% buyer premium.