Indianapolis, Indiana

TERMS AND CONDITIONS OF ONLINE AUCTION 11% Buyer's Premium Agency: Higgenbotham Auctioneers International Limited, Inc. or Robert Nieto, Broker and all parties employed by or associated with, will be acting solely as a representative of the Seller. Earnest Money Deposit: High Bidder will be required to submit an amount equal to 10% of the contract price to Escrow Agent, Fidelity National Title, less the $2,500 Bidder’s Deposit which is charged to the high bidder’s credit card at the termination of the auction. NOTE: There will be a 3% credit card fee ($75) charged to the High Bidder at Closing. This Earnest Money Deposit must be must be delivered to the Escrow Agent, Fidelity National Title, by certified funds or wire transfer NO LATER THAN 24 hours after the termination of the auction; in addition, the Purchase & Sales Contract-Sale must be executed and returned to the Higgenbotham Auctioneers International within 24 hours after the termination of the auction. Failure to do will result in the forfeiture of the Bidder’s Deposit of $2,500. Purchase Price: The Total Purchase Price shall be the high bid at the auction with an 11% buyer’s premium. Within 24 hours we will need you to wire for the remaining balance to equal a 10% deposit and execute the Purchase & Sale agreement. Purchaser Registration: This Auction will be held online on the Internet through our Bidding Platform from Proxibid (https://www.proxibid.com/asp/Catalog.asp?aid=114398) All bidders must register by providing a credit card for identification. By registering, all bidders agree to abide by all of the Terms of Sale. When registering, your credit card will have a $2,500 authorization placed on the card (“Bidder’s Deposit”), but the card will not be charged unless the bidder is the high bidder of the property auctioned. At the close of bidding the high bidder’s credit card will be charged $2,500 and the non-winning bidders’ $2,500 authorization will be released. Bidding Process: No bid may be withdrawn by a bidder once made in the online auction. All bids are an irrevocable offer to buy and shall remain valid and enforceable until the auction has concluded. All Sales are Final: By registering and bidding, the Purchaser acknowledges they understand and agree to the Terms of Sale. The Purchaser acknowledges that they have read the Purchase and Sale Agreement and the Terms and Conditions of the Auction Sale provided by Auctioneer and accept the Purchase and Sale Agreement without any changes to the pre-printed text. The Purchaser must sign all contract documents immediately after the auction and return to the Higgenbotham Auctioneers within 24 hours of the termination of the auction. Representation: Although information has been obtained from sources deemed reliable, the Auctioneers, Higgenbotham Auctioneers International Limited, Inc. or Robert Nieto, its representatives, employees, firm, auctioneer, broker, their attorney’s nor the Seller make any guarantee or warranty of any kind expressed or implied as to the accuracy of the information herein contained. Real Property: The real property, offered for sale at the Auction are being sold “AS IS,” “WHERE IS,” WITH ALL FAULTS AND DEFECTS,” without warranty or guarantee of any kind, except as expressly provided for in the Standard Sales Contract and Terms and Conditions. Each potential Purchaser is encouraged to perform his/her own independent inspections, inquiries and due diligence concerning the described property. The information is being furnished to bidders for the bidder's convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient's risk. It is the Purchaser’s responsibility to inspect the property prior to bidding to make their determination as to the condition or seek professional inspection (at the Purchaser’s expense) of the property. Purchaser(s) agrees to accept property with its current zoning, easements, and any and all right-of-ways that carry with it. All information is taken from sources deemed to be accurate and reliable, all measurements are approximate and not to scale. The Seller and the Auctioneers, Higgenbotham Auctioneers International Limited, Inc. or Robert Nieto. respectively, contractors, employees, firm or agents assume no liability in this matter. Any and all announcements made the day of auction take precedence over any and all previously written advertisements or any prior written or verbal terms of sale but shall in no event form the basis of any representation or warranty by Seller or Auctioneers. By bidding on the property, you are accepting all terms and conditions stated herein. Financing: The purchase is not contingent on obtaining financing, qualification, or appraisal. Purchaser Default: In the event the Purchaser fails to close or comply with the terms of the Standard Sales Contract and Terms and Conditions, then the Earnest Money Deposit and/or Bidder Deposit will be forfeited as liquidated damages, but such forfeiture shall not affect any other remedies available to Seller for such failure. Indemnity: The Purchaser assumes full responsibility and liability for any claim or actions based on or arising out of injuries, death, damage, loss of property, sustained or alleged to have been sustained by Buyer, its agent, principals, associates, friends, family and/or employees, in connection with or to have arisen out of or incidental to the auction including but not limited to the performance of this contract. Regardless of whether such claims or actions are founded whole or in part upon alleged negligence or negligent misrepresentation of Seller, Auctioneer, or the employees, agents, invitees, or licensees thereof, Purchaser agrees to indemnify and hold harmless Seller, Auctioneer, and their representatives, and the employees, agents, invitees and licensees thereof in respect of any such matters and agrees to defend any claim or suit or action brought against Seller, Auctioneer, and their representatives, and the employees, agents, invitees and licensees thereof. Environmental Disclaimer: The Seller and Higgenbotham Auctioneers International Limited, Inc. or Robert Nieto, respectively, agents, contractors and employees do not warrant or covenant with Purchaser(s) with respect to the existence or nonexistence of any pollutants, contaminants, mold, or hazardous waste prohibited by federal, state or local law or claims based thereon arising out of the actual or threatened discharge, release, disposal, seepage, migration or escape of such substances at, from or into the demised premises. Purchaser is to rely upon their own environmental audit or examination of the premises. Acreage and Square Feet: All acreages and square feet descriptions are approximate. If there is a discrepancy between Higgenbotham Auctioneers International Limited, Inc. or Robert Nieto, respectively or its representative and the actual acreage and/or square feet as determined by a surveyor or appraiser, the price will not be adjusted. The statements, while not guaranteed, are from reliable sources. Any costs incurred in establishing boundaries shall be the responsibility of the Purchaser(s). Each sale is subject to easements, right-of-way, reservation and/or restrictions of record. Closing: TIME IS OF THE ESSENCE. The balance of the Purchase Price will be due in THIRTY (30) days from the Auction. The Seller at closing will convey the real estate with a Warranty Deed. Purchaser is responsible for all closing costs associated with closing to include but not limited to all transfer and recordation closing fees, conveyance fees, financing expenses, escrow fees, title fees, title insurance, survey, easement and appraisal. Taxes will be prorated from date of closing.