Terms & Conditions Auctioneer’s Authority on Bidding Procedures and Bidding: Bidding Procedures: Open and verbal. Announcements made on the day of the auction will take precedence over all printed material or oral statements made. (1) Method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. (2) The auctioneer reserves the right to delete or add additional properties at this discretion. (3) Dynamic Auction Group may act to protect the seller’s reserve, as an agent of the seller, by bidding on behalf of the seller. The auctioneer has the authority, at his sole and absolute discretion, to deviate from, change, alter, or modify the bidding procedures and conduct of the auction at any time including after commencement of the auction. Bidding: All bidding is open to the public without regard to race, color, sex, religion, or national origin. As used in these conditions of sale the term “the final bid” means the highest bid acknowledged by the auctioneer, and the term “purchase price” means the sum of the final bid and the buyer’s premium. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid or raise which, in his opinion, is not commensurate with the value of the property being offered. The auctioneer may advance the bidding at his absolute discretion and, in the event of any dispute between bidders, may determine the successful bidder or re-offer and resell the property in dispute. Should there be any dispute after the sale; record of final sale shall be conclusive. Please contact our office for information on absentee and or phone bidding. Buyer’s Premium: The buyer’s premium shall be paid by the Buyer and will be added to the final bid on the property. Example: Final bid on property is: $100,000 Add 10% buyer’s premium: + $10,000 Total on Sales Contract: $110,000 Earnest Money: The buyer, unless prior arrangements have been made with Dynamic Auction Group, shall be required to pay a deposit of 10% or $4,000, whichever is greater This deposit will be held in a non-interest bearing escrow account until settlement. Please make a certified check payable to yourself and endorse it over to Dynamic Auction Group if you are the high bidder. Closing: The successful buyer must sign all documents and contracts immediately after the acceptance of the final bid. The successful buyer will also be required to make an appointment with the closing agent to pay the balance of the purchase price and receive the deed to the property. All closings must occur on or before specified dates. Closing is to take place on or before 30-45 days from date of auction (unless prior arrangements have been made with the auction firm). Buyer acknowledges and agrees that time is of the essence. Closing Costs: The deed shall be prepared and acknowledged by Seller at Seller’s expense and recorded at the expense of Buyer. The buyer shall pay all title searches, title insurance charges, survey expense, usual conveyance expenses, and recordation taxes, including the Grantor’s tax. Real estate taxes, water and sewer charges, if any, will be prorated as of the date of closing. Financing: Sale of the property is not contingent upon the buyer obtaining financing. Conditions of Default: If any conditions contained herein are not complied with by the buyer, Dynamic Auction Group may, in addition to asserting all remedies available by law, including the right to hold defaulting buyer liable for the purchase price, either, a) cancel the sale, retaining as liquidated damages any payments made by such buyer, b) resell the property at public auction or privately on seven days notice to such buyer, or c) take such other action as it deems necessary or appropriated. If Dynamic Auction Group resells the property, the original defaulting buyer shall be liable for the payment of any deficiency between the purchase price and all costs and expenses, the expenses of both sales, reasonable attorney’s fees, commissions, incidental damages and all other charges due hereunder. In any event, the buyer’s earnest money deposit will be retained by Dynamic Auction Group as liquidated damages. State Laws: The respective rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall by governed and interpreted by the laws of the state in which the auction is held. By bidding at an auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have consented to the jurisdiction of the courts of such state and the federal courts sitting in such state. Real Estate Brokers/Agents: When offered, a fee equal to a specified commission will be paid to any qualified broker who is properly licensed in the same state where the property is located, and whose properly registered client successfully buys and closes on the property. To qualify for a commission the licensed broker/agent must first register the prospective bidder on the Dynamic Auction Group website or on Dynamic Auction Group’s Broker Participation Acknowledgement Form. Registration letters must be countersigned by the prospect and include the broker’s and agent’s license number, identification of the property, any agency disclosure statements, the letter and participation acknowledgement form. All forms, letters and statements must be received no later than 6:00 P.M. (Eastern) one day prior to the auction. Commission is contingent upon, and will only be paid if the broker participation form is received by Dynamic Auction Group no later than 6:00 P.M. (Eastern) one day prior to the auction. In addition, agents must also attend the auction with their prospects. Inspection: All property is sold “in Is-As Condition.” Descriptions are provided as a service to customers only and do not constitute a warranty, either expressed or implied. Dynamic Auction Group disclaims all responsibility for physical condition. All buyers are responsible for prior inspection of properties on which they bid, and by bidding are deemed to have so inspected the property. Placing a bid on the offered property, whether in person, or by agent, by written bid, telephone bid or other means, constitutes an agreement by bidder to these conditions of sale. For residences built prior to 1978, buyer waives the right to a 10 calendar-day opportunity to conduct a risk assessment or inspection for the presence of Lead-Base Paint and/or Lead-Base Paint Hazards. Square footage dimensions and acreage are approximate and should be independently verified prior to bidding. Dynamic Auction Group, its agents and subagents, and the sellers assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and materials. All information and dimensions were derived from sources believed to be correct, but are not guaranteed. Buyers shall rely on their own information, judgment, and inspection of the property. All auction day announcements take precedence over any previously printed material or any other oral statements made. PENNSYLVANIA REAL ESTATE AUCTION SALES AGREEMENT Form 2 (5-17) AGENT FOR SELLER Dynamic Auction Realty LLC (Seller's Agent Only) PH 814-479-5739 ADDRESS 134 Turner Hts. Hollsopple PA 15935 . EMAIL ADDRESS Sold@BidDynamic.com 1. THIS AGREEMENT, dated ----- ----------------------------------------------------- is between SELLER(S) Address hereafter "Seller," and BUYER(S) Address hereafter "Buyer." 2. PROPERTY - Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase at auction: ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as: in the of County of in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID#; Lot, Block; Deed Book, Page, Recording Date, Zoning) Zoning: 3. TERMS - (A) Purchase Price Dollars, which shall be paid to Seller by Buyer as follows: (B) Cash [ ] or check [ ] at signing this agreement: 10 percent or $4,000 whichever is greater $ (C) Cash [ ] or check [ ] on or before: $ (D) $ (E) Cash, cashier's or certified check at time of settlement: $ TOTAL $ (F) Deposits will be held by Dynamic Auction Realty LLC (G) Written approval of Seller to be on or before: (H) Settlement to be made on or before: (I) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (J) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: (K) Real Estate Taxes will be prorated on a fiscal year basis, unless otherwise stated here: (L) At time of settlement, the following shall be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing where applicable: taxes, rents, interests on mortgage assumptions; condominium fees and homeowner association fees, if any, water and/or sewer rents, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered: Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement. 4. FIXTURES AND PERSONAL PROPERTY (A) Included in this sale and purchase price are all existing items permanently installed in the Property, free from liens, including plumbing; heating; HVAC equipment; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heating and cooking fuels stored on the Property at the time of the settlement; wall to wall carpeting; shades, blinds, window covering hardware, built-in air conditioners; and built-in appliances. Also included: (B) EXCLUDED FIXTURES AND ITEMS: (C) LEASED items (items not owned by Seller): 5. SPECIAL CLAUSES (A) Auction Law - This Real Estate described is sold by auction and under auction law in the Commonwealth of Pennsylvania (whether before, during or after the auction; or by live auction, silent auction, private auction, sealed bid auction, internet auction, absentee bid or a privately negotiated sale). The Sellers have set the terms in this agreement for the conveyance of the real estate and/or have given the authority to the Auctioneers to set the terms and conditions of this auction. The Buyers, upon signing this agreement, acknowledge and accept all terms made by the Sellers and Auctioneers. Buyer Initials ________ Seller Initials________ (B) Absolute/Reserve - The Sellers are selling this real estate at [ ] reserve [ ] absolute auction including all rights and powers afforded the Seller by law. (C) Agency Disclosure - Buyer and Seller acknowledge and understand that Dynamic Auction Realty LLC and their staff, employees, etc., are an agent for the Seller Only. The Buyer has either secured Buyer Representation or is waiving the representation in this transaction. (D) Residential Lead - Lead Based Paint Hazard Reduction Act Notice Required for Properties Built before 1978. Buyer acknowledges receipt of Lead Base Paint Notice. Buyer has a 10-day period immediately prior to the auction to conduct a risk assessment or inspection of the Property for the presence of lead based paint and/or lead based paint hazards. The Buyer hereby waives the Lead Base Paint risk assessment or inspection of the property and is purchasing the property "As-Is" and agrees to the release set forth in section 23 of this agreement. (E) Radon - Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in section 23 of this agreement. (F) Urea Formaldehyde/Environmental Risks - See notice on page 8 of this agreement. Buyers are informed - that Sellers are unaware of any adverse presence of urea formaldehyde insulation or other environmental hazards. The Buyers should obtain any inspections desired to confirm that the property is environmentally safe. Should the condition of the premises be determined as unsafe as to environmental standards as set by the proper authorities, the Sellers may elect to cure the situation, or give credit at closing for remedy, in which event the Buyers will proceed with the purchase, or the Sellers may declare this agreement null & void and only be responsible to the Buyers for the return of all hand money. (G) Asbestos - Used as a component of any building material may pose a health hazard. The Buyer may wish to have an inspection to determine if hazards are present in subject property or, if known to be present, to what degree. Buyers understand any unfavorable findings are not a condition or contingency of this agreement and agree to release as set forth in section 23 of this agreement. (H) Mold - Buyer agrees to hold the Seller and Seller's Agents harmless in the event any mold contaminants are discovered on the property. Buyer understands mold is a naturally occurring microbe and that mold should pose no health threat unless concentrated at high levels in the living environment. The only way to determine if a mold like substance is truly mold or is present at high levels is through sample collecting and analytical testing. If Buyer has reason to believe there is a potential of mold contaminates, Buyer should obtain an inspection prior to the auction or making an offer. Any and all inspections and tests are at the Buyer's expense. Buyers understand any unfavorable findings are not a condition of this agreement and agree to release as set forth in section 23 of this agreement. (I) Wetlands - Buyer understands and agrees that it is their responsibility to research for any and all wetland and flood plain areas effecting this property and that findings whether favorable or not, are not a contingency in this agreement. (J) Compliances - Buyer understands and agrees that any and all requirements needed for compliance with all Local, State and Federal laws, ordinances, inspections, permits, zoning, occupancy, etc., to fulfill obligations for property settlement are strictly and solely the Buyer's expense and obligation. (K) Leases - Buyer accepts the property with any and all leases, known and unknown, pertaining to buildings, land, crops, mineral rights, including oil, gas, etc, equipment, personal property, etc., including any part thereof subject to a lease. Seller is obligated to provide any known leases to the Auctioneers and potential Buyers in a timely manner for inclusion in bidders packets, marketing program and sales agreement. (L) Consumer Notice - Buyer & Seller have received the Consumer Notice (when registering or in the bidders packet) as adopted by the Real Estate Commission act 49 Pa. Code 35.366. 6. AS-IS - The Buyer hereby certify that they understand that they are purchasing the real estate in an "AS IS" condition and will accept the property in spite of any defects or conditions, known or unknown, visible or not visible, and therefore the Buyers do hereby release and forever discharge the Sellers and Auctioneers, their respective heirs, licensees, agents, employees, successors and assigns from any and all claims liabilities, losses, damages, costs, and expenses resulting therefrom. Neither the Sellers, Auctioneers, licensees, agents, nor employees shall be liable for any cost including damages, recession, reformation, allowance or adjustments, based on the failure of any component, property or aspect of the real estate, to conform to any specific standard and/or expectation of the Buyers. 7. PROPERTY INFORMATION - In entering into this agreement, the Buyers have not relied on any representation, claim, oral understanding, advertising, promotional activity, brochure, or plan of any kind made by the Seller, Auctioneers, licensees, agents or employees. The Sellers, Auctioneers, licensees, agents and employees make no representations, warranties or guarantees either expressed or implied, written or oral of any kind. All information furnished regarding the property is from sources deemed reliable, however it is not guaranteed and is subject to errors and omissions. The Buyers hereby certify they have relied solely on their own personal investigations and inspections relative to making an offer or bid to purchase the subject property. Buyer and Seller acknowledge that any Auctioneer, Brokers, Licensees, Agents and/or employees identified in this agreement, is not an expert in construction, engineering and or environmental matters, and has not made and will not make any representations or warranties, nor conduct investigations of any kind including environmental condition or suitability of the property or any adjacent properties. 8. NO MORTGAGE CONTINGENCY - This transaction is all cash to the Seller. Buyer understands that there is no mortgage financing contingency in this agreement. If for any reason, Buyer cannot close on this transaction the Buyer will forfeit their deposit and may be subject to legal proceedings. The Buyer understands that any and all required or needed repairs, inspections, surveys, permits, etcetera are strictly and solely the Buyers expense and obligation. The Buyer, upon receipt, will deliver a copy of the mortgage lender's requirements to Dynamic Auction Realty LLC and to Seller. Buyer Initials________ Seller Initials________ 9. DEPOSIT - Buyer and Seller hereby agree that the deposit monies will be placed in Dynamic Auction Realty LLC Escrow account until closing or termination of this agreement. Buyer's deposit is non-refundable. This offer is irrevocable by the Buyer. If the Buyer fails to comply with the terms and conditions of this agreement, Buyer shall forfeit the deposit, as assessed and liquidated damages, and the Seller may proceed to make a resale of this property, either at public or private auction or at a privately negotiated sale. Upon retention of the Buyers deposit, the Sellers and Auctioneers will divide said deposit 50-50 or in accordance with the Auction Listing Agreement, and the Auctioneers in no case or manner will be held responsible by the Sellers or Buyers for either parties performance or non-performance to purchase. Sellers agree that the return of the Buyer's deposit (for any reason) does not relieve the Seller of the Auctioneers fee/commission due. 10. INSPECTIONS (A) The Buyers, before bidding and before signing this agreement, were afforded the opportunity to personally inspect the real estate and to have, at the Buyers expense and obligation, professional inspectors, reputable certifiers, insurer representatives, appraisers, bankers, surveyors, title insurers, municipal officials, etcetera, investigate and inspect the real estate for the Buyer. (B) The Buyers are purchasing solely in reliance upon their own investigation and inspection and that there are no representations or warranties, expressed or implied, made by the Sellers, Auctioneers, agents or employees. Seller further agrees to permit any other inspections required by lending institutions, insuring agencies, etceteras, or provided for in the terms of this agreement. Any and all expenses and obligations for all repairs, inspections, surveys, permits, etc. are strictly and solely the Buyers responsibility. (C) Buyer understands that Buyer has the option to request inspections of the property (wood infestation, certificate of occupancy, lead base paint, radon, mold, urea formaldehyde, environmental risks, water, sewer, home, building, or mechanical inspections, etc.) Any and all expenses and obligations for such inspections and remedies are strictly and solely the Buyers. The Buyers understand they are purchasing the property "AS-IS" and agree to the release set forth in section 23 of this agreement. (D) If an occupancy certificate is required, Buyer shall, at Buyer's expense and obligation, order the certificate for occupancy. The transaction is not contingent upon the Buyers ability to obtain an occupancy permit. In the event repairs/improvements are required for the issuance of the certificate, Buyer shall, make the required repairs/improvements at Buyers expense and obligation. (E) Buyer understands and agrees that any and all inspections and their findings (favorable or not) are not a contingency in this agreement. (F) The Buyers should obtain any inspections desired to confirm that the property is environmentally safe. Should the condition of the premises be determined as unsafe as to environmental standards as set by the proper authorities, the Sellers may elect to cure the situation, or give credit at closing for remedy, in which the Buyer will proceed with purchase, or the Sellers may declare this agreement null and void and only be responsible to the Buyers for the return of all hand money. (G) Buyer reserves the right to make a pre-settlement walk-through inspection of the property. 11. TITLE, SURVEYS, AND COSTS (A) The Sellers shall convey the title in fee simple deed of special warranty. The property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following; existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate shall be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. All Title work, Title insurance, and all expenses incurred by the Buyer (prior to and after the closing) are strictly and solely the expense and obligation of the Buyer. The Buyer accepts present condition of the Title of the Real Estate. The Buyer will give a two-month extension past the closing date listed in 3H of this agreement for the Seller to correct any title problems to convey a free and clear deed. (B) In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Insurance Company at the regular rates, the Buyer shall have the option of taking such title as Seller can give without changing the price, or of being repaid the deposit paid by the Buyer to Seller on account of purchase price, and there shall be no further liability or obligation on either of the parties hereto and this Agreement shall become NULL and VOID. (C) Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate legal description of the Property (or the correction thereof), shall be secured and paid for by the Buyer, including any survey or surveys desired by Buyer or required by the mortgage lender, also shall be secured and paid for by Buyer. All expenses incurred by the Buyer are strictly and solely the expense and obligations of the Buyers. 12. ZONING CLASSIFICATION/RIGHTS OF WAYS - The Buyers acknowledge that they have had the opportunity to investigate zoning with the necessary authorities (state, county and local) to their satisfaction for their intended uses of the property before signing this agreement and are purchasing the property "AS-IS" - "Where Is" with the current zoning, if any. This property is [ ] zoned (see #2 of this agreement for zoning) [ ] not zoned. The Buyers are purchasing this real estate subject to any and all restrictions, covenants, leases, right of ways, etcetera of record. To the extent that this agreement is intending to convey mineral rights including oil, gas, etc, the Buyers acknowledge their awareness that Sellers can convey only what they own. 13. LAND USE RESTRICTIONS OTHER THAN ZONING - [ ] none known, [ ] Farmland and Forest Land Assessment Act (Clean & Green), [ ] Open Space Act (preservation of land in farm, forest, water supply or open space uses). Seller has no knowledge of any rights to timber, crops or minerals, except coal (see section #14), that do not transfer with the property unless stated here: Buyer Initials________ Seller Initials________ 14. COAL NOTICE - THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. ("Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal). This acknowledgement is made for the purpose of any Count, State or Federal compliances required for Mine Subsidence and/or Land Conservation". Buyer also agrees to sign the deed from Seller which deed may contain the aforesaid provision. 15. SEWAGE - This property is serviced by: [ ] public sewage system, [ ] an off-property sewage disposal system, [ ] an individual on-lot sewage disposal system, [ ] a holding tank, [ ] has no sewage disposal system. A connection to an off-site sewage system is [ ] available or [ ] not available. (This paragraph deleted if a community sewage is available) Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, or request bid proposals for construction, alter or occupy any building or structure for which an individual sewage system is to be installed without first obtaining a permit. The Buyer has been advised to contact to local agency charged with administering the Pennsylvania Sewage Facilities Act 35 P.S. 750.1 to determine the procedure and requirements for obtaining such a permit. Buyer understands that Buyer has the option to request inspections of the properties sewer system (if any). However, any and all requirements, expenses and obligations for such inspections and remedies are strictly and solely the Buyer's. The Buyers understand they are purchasing the property "AS-IS" and agree to the release set forth in section 23 of this agreement. 16. WATER - Source of water is - [ ] a public water system, [ ] a well located on the property, [ ] a well located off the property, [ ] an individual water system, [ ] a shared water system, [ ] no known source of water on the property. Buyer is aware there is no contingency in this agreement for the property to have a water source located on the property or available from and off-site source, nor the quantity and quality of the water (if any). Buyer understands that Buyer has the option to request inspections of the properties water source (if any). Any and all requirements, expenses and obligations for such inspections and remedies are strictly and solely the Buyers. The Buyers understand they are purchasing the property "AS-IS" and agree to the release set forth in section 23 of this agreement. 17. POSSESSION/SETTLEMENT - Possession is to be delivered by deed and keys (if any keys), at time of settlement. Settlement is to be on or before the date listed on 3H of this agreement. The settlement of this transaction shall be held at the office of the Buyers attorney or title company in the county of the property being conveyed. The Sellers may have an attorney approve the documentation's and settlement. All parties are to receive written or oral notice from the settlement officer for the closing. Possession is given upon final settlement. Assignment of existing lease(s), together with any security deposits and interest, at the time of settlement, if property is leased at the execution of this agreement. Seller will not enter into any new leases, extensions of existing leases, or additional leases for the property without written consent of Buyer. 18. RECORDING - This Agreement shall not be recorded in the Office for the Recording of Deeds or in any other office or place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 19. ASSIGNMENT - This Agreement shall be binding upon the parties, their respective heirs, personal representatives, guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer shall not transfer or assign this Agreement without the written consent of Seller. This agreement, with all terms and conditions including attachments, shall survive settlement or lack thereof. 20. MAINTENANCE AND RISK OF LOSS (A) Seller shall maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted. (B) Seller shall bear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any property included in this sale that is not repaired or replaced prior to settlement, Buyer shall have the option of rescinding this Agreement and promptly receiving all monies paid on account of purchase price, or of accepting the Property in its then condition. (C) The Buyer is hereby notified and agrees that it is their responsibility to insure their equitable interest in the said premises at their own expense and obligation, upon signing this agreement. 21. TIME OF THE ESSENCE - The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. Any settlement date extension other than the extension granted to Seller in (11A of this agreement), must be in writing and agreed to by Buyer and Seller. 22. AGENCY DISCLOSURE STATEMENT - AGENT FOR THE SELLER ONLY - It is expressly understood and agreed between the parties that the named Agent for Seller, Auctioneer(s), any Subagents, their salespeople, licensees, employees, staff officers and/or partners, are Agent(s) for the Seller only. Buyer has the right and obligation to hire a Buyer representative to act on their behalf. The expense of Buyer representation is at the sole cost and obligation of the Buyer. Buyer Initials________ Seller Initials________ 23. RELEASE - The Seller and Buyers save harmless and indemnify the said Auctioneers, its employees, licensees, agents, successors and assigns from any and all claims, liabilities, suits, losses, costs, harm or damages pertaining to this agreement and transaction. It is understood and agreed that Dynamic Auction Realty LLC, its employees, licensees, agents, successors or assigns shall not in any case whatsoever be held liable by either party for the performance or non-performance of any item or covenant of this agreement. Seller and Buyer hereby releases, quit claims and forever discharges AUCTIONEERS, ALL AGENTS, their SUBAGENTS, EMPLOYEES, LICNESEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the consequences thereof, whether now known or not, including anything arising from the presence of termites or other wood-boring insects, radon, mold, lead-based paint hazards, any wetlands or flood plains, environmental hazards, hazardous materials, oil or gas drilling or processing, any defects in the individual on-lot sewage system or deficiencies in the on-site water service system, or any defects of conditions on the Property or any zoning and/or title discrepancies, etc. This release shall survive settlement or lack thereof. 24. REPRESENTATIONS (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, agents or their employees are not part of this agreement, unless expressly incorporated or stated in this agreement. (B) It is understood that Buyer has inspected the property before signing this Agreement of Sale (including fixtures and any personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present "as-is" condition. Buyer acknowledges that the Auctioneers have not made an independent examination or determination of the structural soundness of the property, the age or condition of the components, environmental conditions, the permitted uses, or of conditions existing in the locale where the property is situated; nor have they made a mechanical inspection of any of the systems contained therein. The Buyer should avail themselves the opportunity to inspect to their complete satisfaction before bidding. By signing this agreement, Buyer waives any contingency or remedy for any inspections desired by the Buyer. (C) It is further understood that this agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. And any prior agreement, if any, whether oral or written, has been merged and integrated into this agreement. Furthermore, this agreement shall not be altered, amended, changed, or modified except in writing executed by the parties. (D) The headings, captions, and section numbers in this agreement are meant only to make it easier to find sections (paragraphs). (E) Auctioneers, Brokers, Licensees, have provided or may provide services to assist unrepresented parties in complying with this agreement. 25. WAVER OF CONTINGENCIES - Seller and Buyer agree that this is a contingent free sales agreement (no contingencies except for a free and clear title to the property). Seller and Buyer agree to the release in section 23 of this agreement. 26. LITIGATION - The Seller and Buyers for this transaction hereby agree that if litigation results, all proceedings will be conducted in the Court of Common Pleas in the County of Somerset, PA. 27. MEGAN'S LAW - The Pennsylvania General assembly has passed legislation (often referred to as "Megan's Law" 42 Pa.C.S.& 9799.28) providing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the Municipal police department or the state police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police web site at www.pameganlaw.statepa.us 28. ADDITIONS: Buyer Initials________ Seller Initials________ 29. SIGNATURES - Buyer and Seller acknowledge that they have read and understand the notices, requirements and legal obligations of this agreement before signing. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT. Return by facsimile transmission (FAX), email or regular mail of this Agreement of Sale, and all addenda, bearing the signatures of all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised to consult an attorney before signing if they desire legal advice. WITNESS BUYER DATE WITNESS BUYER DATE WITNESS BUYER DATE WITNESS BUYER DATE 30. COMMISSION/FEE - Seller hereby approves the above contract this day of 2017 AD. And in consideration of the services rendered in procuring the Buyer, Seller agrees to pay Dynamic Auction Realty LLC a fee of percent of/from the herein specified sale price (which may be in the form of a Buyer's Premium and/or a Seller Commission) or a flat fee amount of . Auctioneer's fee/commission is based on the highest bid or offer received. In the event of Buyer default here under, any monies paid on account shall be divided between Seller and Dynamic Auction Realty LLC at a percentage/amount determined by Dynamic Auction Realty LLC. Sellers agree that the forfeiture of the Buyer's deposit (for any reason) does not relieve the Seller of the Auctioneers fee/commission due. WITNESS SELLER DATE WITNESS SELLER DATE WITNESS SELLER DATE WITNESS SELLER DATE Dynamic Auction Realty LLC Auct. Lic. # AY002248 Sold@BidDynamic.com