PLEASE READ FULL TERMS!!!! If you have any questions regarding any lots, call or email. All items sold "as is, where is". PICTURES ARE CONSIDERED PART OF DESCRIPTION. Real Estate Special Terms To be a REGISTERED BIDDER IN THIS AUCTION – YOU MUST – FAX A BANK LETTER OF CREDIT TO YOUNGER AUCTION TO BE APPROVED FOR BIDDING ON REAL ESTATE. (Please view the complete listing for auction terms specific to this property.) 1. Each property is offered under the specific terms and conditions provided on our company website (www.youngerauction.com). Please read and review the information here and on our website thoroughly prior to bidding on any property. The purchase contract includes this language and adopts the Terms and Conditions. If you have not read and reviewed the auction brochure or do not completely accept the terms and conditions - Do Not Bid. 2. Terms: We require a nonrefundable earnest money deposit of 10% of purchase price plus any buyer’s premiums - in the form of a certified check, cash or wire transfer within 48 hours of the close of auction, with the balance of purchase price due at closing. Purchaser shall be responsible for all wire transfer fees. Closing will take place within thirty (30) days after close of auction, unless otherwise noted. 3. There will be a buyer’s premium added to the bid price to arrive at the final contract price. Example: Bid Price $100,000 plus an 6% buyer’s premium equals a contract purchase price of $106,000. Buyers premium will vary from auction to auction and will be listed on the Proxibid page for each auction. Online auctions are a cash sale unless otherwise specified and are not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by bidders at registration prior to bidding and specified in the auction brochure. 3a. Seller(s) will pay 2018 property taxes to date of closing, for any outstanding liens, Deed Preparation, Deed Stamps. 3b. Buyer(s) pay all closing costs except those listed in 3a. These include, but not limited to, attorney fees, mortgages, mortgage points, delivery fees or any other fee or expense on their side of the transaction. 4. Under the Uniform Commercial Code there are two types of auctions: Absolute and with reserve. Unless an auction is noted as Reserve - lot will sell Absolute. 5. Acceptance of Bid Prices: Successful bidder(s) will be required to enter into a purchase agreement immediately following the close of the auction. Younger Auction Co. will make arrangements to immediately meet with the successful bidder or e-mail documents to be executed and faxed or e-mailed back to Younger Auction Co. within 48 hours of the end of the auction.. Successful bidders not executing and returning contracts with earnest money deposit within 48 hours will be considered in default. 6. Any and all inspections that a buyer may want must be done at buyer's expense prior to auction. 7. Agency: Younger Auction Co. agents represent the seller in real estate transactions. 8. Bidder Verification: All bidders must Fax 660-224-2103 or Email (yac@youngerauction.com) Pre-qualification Letter (from banking institution) 48 hours prior to Auction day and provide their full name, address and daytime/evening phone number. Younger Auction Co. reserves the right to deny registration. The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Younger Auction Co. will reject the registration, and bidding activity will be terminated. The Seller and Younger Auction Company reserve the right to preclude any person from bidding if there is any question as to the person's credentials, fitness, etc. Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the website you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. 9. Auction Participation and Compliance with Terms: By participating in an auction, bidders represent, irrefutably warrant and covenant that: -They shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the auction. -They have the capacity to close the transaction and that any bid they make on the item constitutes an irrevocable offer to buy the item for the full amount of the bid plus buyer's premium and applicable taxes. -They have the legal authority to enter into an agreement to purchase the item. -They shall forfeit all deposits or otherwise pay as liquidation damages all monies paid if payment is not made in full by the time specified. 10. Auction Participation and Bidding Errors: Immediate notification is required if a mistake is made in bidding. Bidders may still be held responsible for the bid. 11. NEW DATA, CORRECTIONS, AND CHANGES: Please log in prior to scheduled bid closing time to inspect any changes, corrections, or additions to the property information. 12. Disclaimer and Absence of Warranties: All information contained on the auction website and all related materials are subject to the terms and conditions outlined in the Purchase Agreement. The property is being sold on an 'AS IS, WHERE IS' basis, and no warranty or representation either express or implied, concerning the property is made by the Seller or the Auction Company. All sketches and dimensions on the website are approximate. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained on the website is subject to verification by all parties relying on it - no liability for its accuracy, errors, or omissions is assumed by the Seller or the Auction Company. 13. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of the Auction Company are final. By bidding on the property at auction, buyer agrees to all terms and conditions set forth here and in the auction brochure as well as those set at beginning of the auction. 14. Each buyer is responsible to conduct his or her own due diligence on the property before bidding. 15. Acknowledgment of Dangerous Auction Site: Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the inspection of the subject property and preparation of the property for closing, including disconnection of utilities. Persons attending the auction site during preview, sale or inspection assume all risks of injury damage or loss of property and specifically release Younger Auction Co., the seller and their agents from liability. 16. Malfunction, Shutdown, and Loss of Service: The results of the auction may be rendered void if malfunction, shutdown, or temporary loss of service occurs. In such an event, Younger Auction Co. reserves the right to remedy the situation in whichever way best represents the seller, including the cancellation of existing bids. Younger Auction Co. shall not be held liable in any way for any malfunctions, shutdowns, or loss of service. Bidder acknowledges and understands that this service may or may not function correctly at the close of the auction. Under no circumstances shall Bidder have any kind of claim against Younger Auction Co. or anyone else if the Internet service fails to work correctly during the close of the auction. Younger Auction Co. will not be responsible for any missed bids from any source. 17. Internet bidders who desire to make certain their bid is acknowledged should use the maximum bidding feature and leave their maximum bid 24 hours before the close of the auction. 18. Erroneous Reports: It is very possible during an auction that an Internet bidder may be indicated as a high bidder when in fact the winner attended the auction in person or vice versa. The auction company makes final determination and holds the official records of winning bidders and final hammer prices. The listings on this website regarding final hammer prices and winning bidders are unofficial. 19. Indemnification and Acceptance of Auction Terms by Bidders: Purchaser and Bidders agree to indemnify and hold harmless both the seller, their agent and Younger Auction Co. from and against all claims and liabilities resulting from any online auction, including but not limited to: proximate or consequential damages, failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against Younger Auction Co., their respective agents or employees for any injuries sustained or damages to or loss of property that may occur on site. These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Missouri, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Missouri located in Buchanan County. 20. In bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auction brochure, website and/or terms emailed to you and or terms posted on www.youngerauction.com. MACHINERY INFO TRANSPORTATION AND SHIPPING OF MACHINERY ARE RESPONSIBILITY OF BUYER! Bidder shall be the sole judge of value, Bidder agrees that everything is sold AS IS Where IS and that they may NOT return any item(s) they purchase. Younger Auction Co. is providing internet pre-auction and live bidding as a service to the bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under NO circumstances shall bidder have any kind of claim against Younger Auction Company INC or anyone else responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the Proxi bidding feature and leave their maximum bid 24 hours before the auction begins. YAC, INC reserves the right to withdraw or re-catalog items in this auction. All property is sold - AS IS - and All Sales are FINAL. A live bid CANNOT be retracted once placed over the Proxibid system. The Proxibid live bidding applet is an electronic extension of the physical auction room - the same rules apply to everyone, including Internet bidders. For these reasons, we urge you to be very deliberate and cautious while attempting to bid using either the Proxibid system or while attending a live auction. YOU THE BIDDER ARE RESPONSIBLE FOR EVERY KEY STROKE THAT RESULTS IN A BID - EVERY TIME YOU PRESS A BUTTON ON YOUR COMPUTER YOU ARE MAKING A BID AND ARE HELD LIABLE FOR THAT BID. 1. We and the Consignor are not responsible for errors or omissions in the catalog or any supplement material. The purchaser expressly acknowledges and agrees that in no event should YAC, INC d.b.a. Younger Auction Co. be liable for any damages including, without limitation, any compensatory, incidental, or consequential damages. 2. We reserve the right to withdraw any property before the sale and shall have no liability whatsoever for withdrawal of property. 3. The auctioneer reserves the right to reject any bid. The highest bidder acknowledged by the auctioneer will be the purchaser. In the event of a dispute between bidders, the auctioneer has final discretion to determine the successful bidder. 4. On the fall of the auctioneer's hammer, title to the offered lot will pass to the highest bidder acknowledged by the auctioneer, and such bidder thereupon assumes full risk and responsibility, and will pay the full purchase price plus buyers premium and any applicable fees such as sales tax at end of auction. 5. PAYMENT - IMMEDIATE PAYMENT IS REQUIRED Buyers who use any form of absentee bidding (phone, absentee bid form, internet or Proxibid) a 2.5% buyers premium (Capped at $750.00) per item, is added to the hammer price. All property purchased via absentee bidding must be paid for immediate at conclusion of auction. Younger Auction may impose, and the purchaser agrees to pay, a 1.5% per month late charge on the total purchase price in invoices that are outstanding over thirty (30) days after the date of the sale. 6. If any applicable conditions herein are not complied with by the purchaser, in addition to other remedies available to us and the consignor by law, including without limitation the right to hold the purchaser liable for the total purchase price, we at our option may either (a) cancel the sale, retaining as liquidated damages all payments (including deposits) made by the purchaser or (b) resell the property on no notice either privately or at public auction without reserve & in either event the purchaser will be liable for any deficiency in the purchase price & all costs & expenses, including: storage fees, handling charges, the expenses of both sales & our commissions on both sales at our regular rates, all other charges due hereunder, including attorney fees & incidental damages. In addition, a defaulting purchaser shall be deemed to have granted us a security interest in, & we may retain as collateral security for such purchaser's obligations to use, any property, in our possession owned by such purchaser. Payment will not be considered to have been made full until your check has cleared the bank. 7. YAC, INC d.b.a. Younger Auction Co. undertakes the execution of absentee bids as a convenience for clients and is not responsible for failure to execute bids, or for any error in the execution of bids. 8. The bidders sole and exclusive remedy is the rescission of the sale and the refund of the original purchase price plus any of buyers premium made, and is in lieu of any other remedy that may otherwise be available as a matter of law or in equity. YAC, INC d.b.a. Younger Auction Co. and the Consignor shall not by liable for any incidental or consequential damages incurred. 9. All Non paying bidders or fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. You also acknowledge that the internet may be an unreliable and error prone network. YAC, INC will not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion.