PREWITT & SONS LLC AUCTIONEERS & RUSTY FOLEY REALTY & AUCTION RUSTY FOLEY Broker/Principal Auctioneer 859-582-6893 H.D. PREWITT - Principal Auctioneer 859-893-1148 TERMS & CONDITIONS - ONLINE BIDDING REAL ESTATE TERMS: 10% of the total sale price down as a non refundable earnest money in the form of a certified check, cash or wire transfer to the RUSTY FOLEY REALTY & AUCTION escrow account within 2 business days not later than close of business day on Tuesday, July 30th, 2024. We do not accept a credit card for down payment. The balance of purchase price is due at closing. Purchaser shall be responsible for all wire transfer fees. Closing will be as specified in the Contract for Sale of Real Estate. BROKER PARTICIPATION: BROKER PARTICIPATION FORMS NEED TO BE SIGNED AND SENT VIA EMAIL 48 HOURS IN ADVANCE TO RUSTY FOLEY REALTY & AUCTIONS CONTACT INFO: RUSTY FOLEY 859-582-6893 foley.rusty@yahoo.com THE PROPERTY IS BEING SOLD AS-IS-WHERE-IS, WITH NO WARRANTIES EXPRESSED OR IMPLIED ANNOUNCEMENTS MADE DAY OF SALE TAKE PRECEDENCE OVER ANY PREVIOUS SALES MATERIAL THE PURCHASER OF A SINGLE FAMILY HOME BUILT BEFORE 1978 HAS A PERIOD OF 10 DAYS TO INSPECT THE PROPERTY FOR THE PRESENCE OF LEAD BASE PAINT. THE BUYER WILL SIGN A WAIVER OF INSPECTION DAY OF SALE GOOD INSURABLE GENERAL WARRANTY DEED AT CLOSING. BUYER’S PREMIUM: There will be a buyer’s premium of 10% added to the bid price to arrive at final purchase price. Example: Bid Price $100,000 plus $10,000 (10% buyer’s Fee) equals purchase price of $110,000. AUCTION BIDDER DEFAULT: Successful bidder not executing and returning the contract with earnest money will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and 10% earnest money deposit, the winning bidder will be charged a penalty fee of $5,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale. Any dispute between RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Madison County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions set forth. Acceptance of Bid Prices: Successful bidder(s) will be required to enter into a purchase agreement immediately following the close of the auction. RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS will e-mail documents to be executed and said documents should be faxed or e-mailed back to RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS not later than close of business day on Tuesday, July 30th, 2024. Successful bidders not executing and returning contracts with earnest money deposit by close of business on Tuesday, July 30th, 2024 will be considered in default. Any and all inspections that a buyer may want must be done at buyer’s expense prior to the close of the online bidding. RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS Agents, Representatives or Employees may bid. Real Estate Taxes and Closing Cost: All real estate taxes will be prorated for 2024. The purchaser will pay all other closing costs associated with the purchaser’s side of the sale, including local and state recording fees and any cost associated with the purchaser’s loan. The seller will pay for deed preparation and deed tax. Easements: Subject to any and all easements of record, including road easements and utility easements Zoning: This property is subject to all state and local zoning ordinances. Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS will reject the registration, and bidding activity will be terminated. The Seller and RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Agency: RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. NEW DATA, CORRECTIONS, AND CHANGES: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information. Disclaimer & Absence of Warranties: All information contained in this information packet and all related materials are subject to the terms and conditions outlined in the Contract for Sale of Real Estate agreement. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation either expressed or implied, concerning the property is made by the Seller or RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS Agents or Representatives. All sketches and dimensions in the brochure are approximate. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. A preview of the property has been scheduled Sunday, July 14th, 2024 from 2pm to 4 pm. The information contained in the brochure and on the website is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS, Agents or Representatives. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS are final. Any dispute between RUSTY FOLEY REALTY & AUCTION/PREWITT & SONS, LLC AUCTIONEERS, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Madison County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions set forth. Auctioneer/Broker/Seller Disclaimer: The information contained herein is believed to be correct to the best of the auctioneer’s knowledge. The information is being provided for the bidder’s convenience and it is the bidder’s responsibility to determine the information contained herein is accurate and complete. The property is selling in its ‘as-is’ condition with no warranties expressed or implied. For additional information, contact RUSTY FOLEY BROKER/PRINCIPAL AUCTIONEER RUSTY FOLEY REALTY & AUCTION 859-582-6893 foley.rusty@yahoo.com H.D. PREWITT PRINCIPAL AUCTIONEER PREWITT & SONS, LLC AUCTIONEERS 859-893-1148 prewittauctioneers@gmail.com REGISTRATION DEPOSIT: PREWITT & SONS, LLC AUCTIONEERS requires a $1.00 registration deposit by Credit Card prior to bidding in order to participate in any auction. The $1.00 is NOT CHARGED, it is merely held by your Credit Card Company for the length of up 3 to 7 days. The $1.00 is Authorized Only, if you make purchases on an auction you will not be charged, this is a complete separate transaction and you will have no charges against your account. This however may show up as a pending transaction on your account. This is an Industry Standard Practice among Internet Auctions. Agency: PREWITT & SONS, LLC AUCTIONEERS and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify PREWITT & SONS, LLC AUCTIONEERS and it’s Agents and Representatives from any and all claims, damages or suits, including but not limited to awards, judgments, costs, fees, etc. PREWITT & SONS, LLC AUCTIONEERS, reserves the right to alter online terms or descriptions for buyers at any time. This will take place by updating this site. Auction company owners and or contractors may bid on and purchase auction items. BIDDER DEFAULT: Failure to complete a purchase is ILLEGAL and will result in one or more of the following (1) Prosecution (2) Loss of privileges for Prewitt & Sons and all other HIBID auctions. PLEASE REFRESH YOUR PAGE DURING THE BIDDING!!!!!!!! YOU MUST REFRESH YOUR PAGE EVERY SEVERAL SECONDS TO VIEW ACCURATE BIDS. THIS IS VERY IMPORTANT DURING THE FINAL MINUTES OF BIDDING FOR AN ITEM(S). Prewitt & Sons LLC Auctioneers (the Auction Company) is providing an Internet auction as a service to the Bidder. Bidder acknowledges and understands that this service may or may not function correctly on the day of the auction. Under no circumstances shall Bidder have any kind of claim against the Auction Company or anyone else if the Internet service fails to work correctly during the online auction. The Auction Company will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid at least 24 hours before the auction closes. The Auction Company reserves the right to withdraw or re-catalog items in this auction. The following below describes the terms on which offers you access to the Internet Online Auction by Prewitt & Sons LLC Auctioneers. In order to bid, you must read and accept all of the terms and conditions set forth below: Buyer's Contract: Your bids placed on the Prewitt & Sons LLC Auctioneers website or third-party website (Hibid) are a contract and you are responsible for paying all amounts due to Prewitt & Sons LLC Auctioneers. Buyer’s Premium: A buyer's premium of ten percent (10%) of the high bid (hammer price) will be added to the high bid to determine the final sales price Registering and Bidding/Participation Requirements: Name, address, daytime phone number, VALID email address, and a Valid Credit Card required for bidding approval. Special Terms of this Online Sale: 1. YOUR BID IS A CONTRACT TO BUY should you be the winning bidder. 2. sold "AS IS, WHERE IS" with all faults and without warranty. 3. All descriptions believed accurate but not warranted. 4. Bidder inspection is encouraged!!!!! 5. By placing a bid, bidder signifies that they have examined the REAL ESTATE to their satisfaction, or that they have chosen not to personally examine them. 6. The Auction Company Reserves the right to reject any bid. 7. 10% Buyers Premium added to winning bid to determine the final purchase price 8. The Auction Company reserves the right to cancel and/or reopen the auction in the case of system failures. BIDDER DEFAULT: Failure to complete a purchase is ILLEGAL and will result in one or more of the following (1) Prosecution (2) Loss of privileges for Prewitt & Sons and all other HIBID auctions. BIDDER USER TERMS - HIBID.COM - Please visit https://hibid.com/home/bidderuserterms/ to read Hibid’s terms and conditions. HOW DOES A MAX BID WORK ON HIBID?? This is the bid amount you place that represents the maximum amount that you are willing to pay for this item! For example, if you place a bid for $50 and place a maximum bid of $100, you are guaranteed to win the item for any amount between $50-$100 unless someone bids higher than $100 The system places incremental bids on your behalf-each bid being the minimum increase above any competing bids, up to your MAXIMUM BID! WHAT IS A SOFT CLOSING?? A "SOFT CLOSE" ending for a LOT means that if a bid is placed in the last few minutes, the bidding for that LOT will be extended by another few minutes. This gives other interested bidders time to raise their bid before the LOT closes HOW DO I CHECK ON MY BIDS?? Your bids can be viewed by logging into your account and clicking on the bids link next to the appropriate auction. WHAT IS A TIE BID?? TIe bids occur when two bidders bid the SAME max bid amount! Credit for the bid is GIVEN to whichever bidder FIRST has the bid on RECORD!!!!! NEITHER THE COMPANY PROVIDING THE SOFTWARE nor PREWITT & SONS, LLC AUCTIONEERS SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON ALL PROPERTY IS SOLD IN "AS IS" AND "WHERE IS" CONDITION. ALL SALES ARE FINAL! BIDDER UNDERSTANDS AND AGREES THAT NO REFUNDS, EXCHANGES, ADJUSTMENTS,CHARGE BACKS ETC WILL BE ALLOWED. PROPERTY IS AVAILABLE FOR INSPECTION AT SPECIFIED TIMES AND IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE CONDITION. BIDDERS FAILURE TO INSPECT ANY ITEM OR LOT WILL NOT CONSTITUTE GROUNDS FOR ANY CLAIM, REFUND, ADJUSTMENT OR CHARGE BACK ETC. The information contained herein is believed to be correct to the best of the auctioneer’s knowledge. The information is being provided for the bidder’s convenience and it is the bidder’s responsibility to determine the information contained herein is accurate and complete. The properties are selling in their as-is condition with no warranties expressed or implied.