EACH BIDDER agrees to terms and conditions of sale. By bidding you agree to be bound by the terms and conditions of this auction. Do not bid unless you agree to be bound by these terms and conditions. BIDDER’S DEPOSIT: Prospective Bidders must be prepared to pay a NON-REFUNDABLE BID DEPOSIT if you are the winning bidder equal to Ten Percent (10%) of your winning bid amount. This must be paid by wire transfer in U.S. Dollars from a U.S. Bank or Credit Union within 2 business day of the date of the signed Real Estate Sales Contract. The 10% deposit will be refunded if Seller is unable to deliver a marketable title and shall be the only recourse for Buyer. BROKER PARTICIPATION INVITED: Property licensed real estate brokers are invited to participate. LBH will pay two percent (2%) of the winning bid amount to a qualified licensed Real Estate Broker whose Buyer is the successful bidder and closes on the Property, provided the real estate broker is not prohibited by law from being paid such commission. To qualify for a commission, the broker must first register their Buyer on a document containing their Buyer’s full name and company information (if any) with the signature of the prospective Buyer, the signature of the Broker and the Broker’s license number, and the APN of the subject property with the auction date. The form must be emailed such that it is received by the office of LBH not later than 24 hours prior to the auction date and time. The registration MUST be sent to LBH, via email at Offers@landbh.com. NO LATE REGISTRATIONS WILL BE ACCEPTED. Commissions will be paid only after closing and after LBH has been paid in full. Brokers are not required to attend the closing. If a cooperating broker has not met all of these requirements, no commission will be paid to the cooperating broker, even if the cooperating broker’s prospect purchases the Property. No oral registrations will be accepted. Under no circumstances whatsoever will any commission be paid if the sale does not close. A Broker may not participate in the purchase in any way as a principal of the bidder or be an affiliate of the bidder. This does not apply to any Foreclosure Auctions. PROPERTY CONDITIONS: Except as expressly set forth in the Real Estate Sales Contract, if and when executed, the Property is being sold “AS IS” and “WITH ALL FAULTS”, as of the Closing Date. Neither the Seller, LBH nor any of their agents, contractors, attorneys, officers or directors (“Agents”) makes any representations or warranties with respect to the physical condition of the land or any improvement thereon, the Property’s fitness for any particular purpose, the Property’s merchantability, or any other warranty, express or implied. The Seller, LBH and their Agents specifically disclaim any warranty, guaranty, or representation, oral or written, past or present, express or implied concerning the Land and Improvements thereon. Bidders are expected to undertake their own independent physical inspection of the Property and thorough review of all documents prior to submitting their Initial Offer and to submit their bids based solely on their own independent investigations and findings and not in reliance on any information provided by the Seller, LBH or their Agents. Entry into the property is granted to Bidders and the professionals of their choosing with the express purpose of inspecting the property in a prompt fashion and in a way that least disturbs the property. Any such entry at any time is at the Buyer’s and Buyer’s professionals own risk. FINANCING: The Sale will be a cash sale and not contingent on Financing of any kind. It is strongly recommended that prospective Buyers pre-qualify for financing prior to the Initial Offer / Live Auction. TITLE / CLOSING: The Property will be conveyed by Warranty Deed, subject to any and all Deed Restrictions, Easements, Leases, and other Reservations and Exceptions of Record. Balance of purchase price along with all closing costs will be due within 30 days. Buyer to pay all closing costs including 10% buyer’s premium, title insurance, revenue/tax stamps, transfer taxes, closing fees, survey, filing costs, and any other fees. Seller will cure any title problems if necessary. Taxes will be prorated to the day of closing. Properties sell subject to court, bank and/or seller’s final approval. The court, bank and/or seller retains their right to bid or have someone bid on their behalf. Possession will be upon closing with filing of deed. ADDITIONAL NOTES: a) The Seller and LBH reserve the absolute right, in their sole and absolute discretion, to postpone or cancel the auction, to amend, modify or add any terms and conditions to these General Terms and Conditions of Sale and to announce such modifications or additional terms and conditions on or before the Online Auction. The Property may be withdrawn without notice. To the extent there is any conflict between the provisions of these General Terms and Conditions of Sale as set forth herein and the Real Estate Sales Contract, the terms of the Real Estate Sales Contract shall govern. Written and oral announcements shall take precedence over prior printed information; however, the final executed Real Estate Sales Contract will evidence all understandings and agreements between Buyer and the Seller and will be in all respects controlling. b) All prospective Bidders are urged to carefully review all provisions of these General Terms and Conditions of Sale including but not limited to those provisions regarding the absence of any representations or warranties whatsoever, as to the accuracy or completeness of the Property Information Package, or any other information and as to the absence of any authority on the part of any person or entity to make any guarantees, promises, statements, representations or warranties. All Bidders will be charged with full knowledge of all documents available for inspection or reasonably available from the governing municipality, county, and/or state. c) The Property is being sold “As Is” condition without any warranties or representations, express or implied. The accuracy and completeness of the information contained in the marketing material and in the PIP cannot be guaranteed, and prospective Bidders are advised to independently verify any information they deem important. d) All square footages, acreages, dimensions and sizes set forth for the Property are approximate only, based on the best information available and should be verified independently by prospective Bidder. e) The Winning Bidder shall not assign its right under the Real Estate Sales Contract to any other party without written consent by the Seller. If Buyer defaults under the terms of the Real Estate Sales Contract, then the Seller will declare such default, terminate the Real Estate Sales Contract and retain any and all Bid Deposits as liquidated damages (and not as a penalty) pursuant to the terms of the Real Estate Sales Contract.