Terms and Conditions 10% down will be required on the day of auction and the balance will be due at closing. All successful bidders will be required to enter into a purchase agreement at the auction site. Buyer will receive 25% of the sellers' interest in the mineral rights and the sellers will reserve the right to lease. Buyer will receive farming rights for 2020. Closing will be approximately 45 days. The auction is offered with reserve and is subject to seller confirmation. Earnest money is non-refundable and will be forfeited if buyer fails to close and complete the contract. REGISTRATION: To gain access to this online auction, you will need to register and create a user name and password. You must be eighteen years old or older to register. You agree that all information that you provide during the registration process will be true and accurate. You will be banned from participation in our auctions indefinitely should you provide any false information during the registration process. BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Rothrock Auction LLC has the right to reject the registration, and bidding activity will be terminated. The Seller and Rothrock Auction LLC reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Rothrock Auction LLC or in their sole opinion detrimental to Bidding Activity, then Rothrock Auction LLC reserves the right to delete the bidder from bidding or may change the username with notification to the Bidder. When using the website, you must obey any and all local, state, and federal laws. Violations will result in termination of website use privileges. UPDATED INFORMATION: You agree that if any of the information associated with your bidder number - including contact information and credit card information - changes at any time prior to, during, or after this auction, you will notify the Auctioneer of the change by updating your bidder profile and emailing what was changed to rothrockauction@gmail.com. If payment information changes after registering for the auction you must contact us to make arrangements for payment at rothrockauction@gmail.com prior to 6:00 pm the day the auction ends. CONDUCT OF AUCTION: You agree not to use any hardware, software, program, or system that would interfere with the orderly conduct of this auction. CLAIMS & CHOICE OF VENUE: Any claim or controversy out of or relating to these Terms and Conditions, or to any breach thereof, will be settled either (1) in Richland County, Illinois' Small Claims Court, if the claim in question amounts to less than $10,000, or (2) by means of arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, if the claim in question amounts to more than $10,000. In the event of arbitration, judgments upon the award rendered by the arbitrator may be entered by any court having jurisdiction. You agree that all claims will be litigated or arbitrated on an individual basis and will not be consolidated with any claim made by another party. Venue in every case will be Richland County, Illinois. You agree that any judgments awarded may be applied to and collected from you personally or corporately. Should any party file an action contrary to this paragraph, the counterparty may recover reasonable legal fees and costs. Further, if you bring a claim against the Auctioneer or Rothrock Auction, LLC and do not prevail, you agree you will reimburse the Auctioneer for all reasonable legal fees and costs. INTERIM OR PRELIMINARY RELIEF: Notwithstanding the contents of Paragraph I of these Terms and Conditions, you agree that the Auctioneer may seek interim or preliminary relief in a court having jurisdiction in order to protect any rights or property that the Auctioneer may have pending arbitration or litigation. PARAGRAPH I: If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged. LIABILITY: In all cases, the Auctioneer's liability, and the liability of the Seller in this auction, will be limited to the refund of your purchase price. The Auctioneer will not be liable for any amount in connection with the postponement or cancellation of this auction, or the withdrawal of any item or lot from this auction. Under NO circumstance will the Auctioneer be liable for LOST profits or any special, incidental, or consequential damages arising out of or in connection with this auction or any related sale or transaction. No Liability for the Acts of Third Parties: The Auctioneer is not responsible for any action taken by any seller, bidder, or other third party before, during, or after this auction. No Liability for Site Malfunction: You understand that this auction is ON-SITE & ON-LINE, and so relies on devices and programs that may malfunction without warning. You agree that the Auctioneer will not be liable for any error or inconvenience that may be the result of such a malfunction. You further understand and agree that the Auctioneer may void or suspend any sale, or resell any item, if the Auctioneer determines a transaction to have been affected by any site malfunction. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Auctioneer and its employees, officers, owners, affiliates, agents, and representatives from and against any claims, losses, damages, liabilities, judgments, fees, costs, and expenses, including reasonable legal fees and costs, related to, arising from, or associated with you, your agents or representatives including, but not limited to: personal injury or property damage caused at any auction site or during removal or transportation of items won at auction, any dispute with another bidder, or any violation of these Terms and Conditions. LIMITATIONS: These Terms and Conditions do not, nor are they intended to create any agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship. These Terms and Conditions cannot be altered, except in writing by the Auctioneer. SEVERABILITY: If any term, provision, paragraph, condition, or other portion of this agreement, or the application of these, to any person, place, or circumstance, is held to be invalid, unenforceable, or void, then the remainder of this agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances will remain in full force and effect. GOVERNING LAW: These Terms and Conditions will be governed by and construed under the laws of the State of Illinois. ENTIRE AGREEMENT: These Terms and Conditions contain our entire agreement and supersede any prior oral or written agreements relating to the same subject matter. For any questions regarding this auction, please e-mail us at rothrockauction@gmail.com Absence of Warranties and Disclaimer All information contained in this brochure, and related marketing materials, are subject to the terms and conditions contained in the Purchase Contract and Addendums. The property is being sold "As Is, Where Is", and no warranty or representation either expressed or implied, concerning the property is made by the Seller or Auction Company. All acreages are approximate. Each bidder is responsible to perform their own due diligence concerning the property. Conducting the auction and increments of bidding are at the direction and discretion of the auctioneer. The Seller and Auction Company reserve the right to preclude any person from bidding if there is any question as to the persons' fitness or credentials. All decisions of the Auctioneer are final