Special Terms, Subject to Seller Confirmation, This AUCTION to to settle the Kelly Estate. All items sell AS-IS with no warranties or guarantees expressed or implied. All sales final. Any bidders with credit cards that are declined on reconciliation day will be charged a $30 processing fee to run another credit card- NO EXCEPTIONS! Online Bidding Terms: 1. Townville Station, LLC has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold 'as-is' and it is the bidder’s responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Absolutely NO refunds will be offered. 2. FOR ONLINE BIDDING: There is an 12% Buyer's Premium added to your total purchase. 3. All accounts must be settled at the conclusion of the auction. Buyer must make a 10% of sales contract non-refundable earnest money deposit must be made immediately follow auction sale confirmation. This amount will be calculated by adding the 12% buyers premium to the final bid price to create the sales contract price. 4. This will be a live and online auction. 5. In order to better serve our customers, all bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to ensure good communication between Townville Station, LLC and the bidder throughout any transactions. 6. The purchaser agrees to pay all reasonable attorney fees and costs incurred by the auction company in the collection of funds. The purchaser also agrees that a fee of 2% per month is added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchaser’s failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Anderson County, South Carolina. 7. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the purchaser. 8. The auction company shall not be held responsible for any 'missed' bids or bids unseen by the auctioneer. 9. All sales are final. 10. By bidding on any item, the bidder shows acceptance of the terms of sale and bidder registration form below in order to participate in the auction. TERMS OF SALE & BIDDER REGISTRATION (Schedule B to Contract to Purchase) 1. Property is being offered at auction subject to seller confirmation and a 12% online buyer’s premium. 2. Lake Hartwell Properties (“Broker”) is agent for the seller only. 3. This Property sells “AS IS - WHERE IS” with all faults and without warranty of any kind, either expressed or implied, by seller or Broker. It is understood that a special warranty deed is to be furnished by seller at closing. 4. Immediately following bidding, the high bidder must execute a Contract to Purchase with no contingencies of any kind and deposit with Broker a 10% non refundable earnest money deposit. Seller has up to 24 Hours to accept or reject the high bid if the bid is below the reserve amount. The balance of the sales price must be paid within thirty days (30) days at closing. Time is of the essence. Seller reserves the right in his discretion to extend the closing date an additional 30 days if needed. In the event that buyer fails to comply with the Contract to Purchase, the earnest money will be forfeited, but such forfeiture shall not affect other legal remedies available to seller. 5. Buyer agrees to pay ALL closing costs, including but not limited to, attorneys fees, deed stamps and preparation, survey, and termite inspection. Property Taxes shall be prorated between the buyer and seller to the date of closing. Possession will be at closing. 6. All information announced, published or contained herein or in any brochure or advertisement was derived from public records and sources believed to be correct: however, it is not guaranteed by the seller or Broker or Auctioneer and is subject to inspection and verification by all parties before bidding. All square footage, dimensions, taxes, zoning, acreage, permitted uses, property lines, assessments and other information about the Property being sold are approximate and not guaranteed. Personal on-site inspection is strongly recommended. It is bidder’s responsibility to determine the condition, genuineness, function, suitability for use, and value of the Property before bidding. The failure of any bidder to inspect, or to be fully informed about the Property, will not constitute any grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money. Announcements made from the auction block take precedence over all other verbal, printed, announced and/or distributed information. Neither seller nor Broker is responsible for any errors or omissions made in the description of the Property prior to or at auction. This sale may be modified or withdrawn without notice at any time. 7. LEAD PAINT: On properties built before 1978, potential purchasers, at their option, may have the Property inspected for lead based paint within 10 days prior to auction date. 8. Seller and Broker reserve the right to refuse admittance to or expel anyone from the auction for creating a disturbance, bidder intimidation or bid collusion. Broker, seller, and auctioneer shall not be liable to any person for damages to their person or property while in, on or about the Property, nor shall they be liable for hidden defects. All persons are on the Property at their own risk and shall defend, indemnify, and save harmless Broker, Seller, and auctioneer from any and all liability whatsoever. 9. Licensed South Carolina Auctioneer(s) will conduct the auction. Conduct of the auction and increments of bidding are at the discretion and direction of the auctioneer. The auctioneer, Seller and Broker reserve the right to offer this Property for sale in any manner they see fit. All decisions of the auctioneer shall be final concerning matters such as increments and manner of bidding, disputes among bidders, priorities of bidders, the validity of any bid, the high bidder, and any other matters that may arise during the sale. Auctioneer, Seller and Broker reserve the right to to accept any pre-auction offers and/or cancel the auction at any time. 10. Bidding is open to the public to all registered bidders. The identity of all bidders must be verified before the auction, bidding rights are provisional, and if complete verification is not possible, the registration will be rejected and bidding activity will be terminated. Bidders must use their assigned bid numbers. No transfer will be recognized from one bidder to another. Bidding in the auction is a binding contract. The high bidder whose bid is accepted by seller must sign a Contract to Purchase and deposit the required deposit or he will be in default of said contract and will be responsible for all resulting damages to Seller and Broker. 11. Broker Participation is NOT available to ONLINE bidder's agents. Buyer(s):__________________________________________ Seller(s)__________________________________________ __________________________________________ Auctioneer___________________________________________ Contract to Purchase Real Estate Auction T h i s C o n t r a c t t o P u r c h a s e i s o f f e r e d t h i s 23’rd d a y o f November, 2 0 1 8 , B y _____________________________________________________ (hereafter collectively referred to as the “Buyer”) to ___________________________________________(collectively referred to as the “Seller”). Buyer agrees to buy and Seller agrees to sell all that lot or parcel of land with buildings and improvements thereon, if any, described as: ____________________________________________________________________________ (hereinafter the “Property”). Subject to the following conditions: The auction bid price ($ ) + 12% buyer’s premium ($ Initial Here ) equals a total contract sales price of DOLLARS ($ ). Buyer shall deliver with this Contract a good faith deposit equal to ten percent (10%) of the total contract sales price, which shall be held in escrow by Lake Hartwell Properties, LLC. As procuring cause of this Contract, Broker has rendered a valuable service for which reason Broker is made a party to this Contract to enable Broker to enforce his commission rights hereunder against the parties hereto. If Buyer defaults on this Contract, Buyer agrees that such good faith deposit shall be non-refundable and shall be delivered to Seller. This contract is inclusive of the Terms of Sale contained in Exhibit B attached hereto and made a part of this Contract by reference. If the Terms of Sale are in conflict with this Contract, then the Terms of Sale shall govern. Buyer agrees to pay all closing costs, including but not limited to, attorneys’ fees, deed stamps, deed preparations, and surveys. Property taxes, utilities, rents and other assessments shall be prorated between the buyer and seller to the date of the closing. Seller will furnish a CL-100 prior to time of closing. Seller and Buyer agree that the described property is being sold “AS IS –WHERE IS” with all faults and without warranty of any kind, either expressed or implied, by the Seller or Broker. Buyer hereby represents that he has inspected the above described property and acknowledges and agrees that it was his sole responsibility to determine condition, genuineness, function, suitability for use, and value of the property and that neither Seller nor Broker is responsible for any errors or omissions made in the description of the property prior to or at auction. It is agreed that a special warranty deed is to be furnished by seller at closing. The deed shall be prepared in the name of Buyer and delivered at the place of closing. Seller and Buyer agree that the transaction must be closed within 30 days from the date of this Contract. Seller reserves the right to extend the closing date an additional 30 days if needed. Possession of said premises by Buyer will be the date of closing. The parties agree that this written Contract expresses the entire agreement between the parties and that there is no other agreement, oral or otherwise, modifying the terms hereunder and that the Contract shall be binding on both parties, their principles, heirs, personal representatives, successors and assigns forever. Time is of the essence with respect to all provisions of this Contract that specify a time for performance. Should any party breach this Agreement the other party may request and receive from the breaching party its cooperation to undertake mediation of the dispute. If the parties are unable to reach mutual agreement in mediation, the parties may file legal action under the following conditions: a. Venue of any dispute regarding this Agreement will be determined to be in the state and federal courts sitting in Greenville County, South Carolina, b. parties waive their right to a trial by jury, c. the prevailing party shall be entitled to collect reasonable court costs including any reasonable attorney fees. Any dispute associated with this Agreement shall be adjudicated according to the laws of the State of South Carolina. By signing below, Buyer acknowledges receiving a copy of an “Acknowledgement of Receipt of the Disclosure of Brokerage Relationships” form the Broker. Buyer(s) further acknowledge that they received customer service in this real estate transaction from Broker as defined in South Carolina law. Signatures below signify acceptance of all terms and conditions stated herein. BUYER(S): WITNESS TO BUYER(S) ______________________________________________ SELLERS: ______________________________________________ ______________________________________________ WITNESS TO SELLERS: ______________________________________________ By: Lake Hartwell Properties R Dwayne Johnson, Auctioneer SCAL # 4637