Lot # : 1 - 3640 SAINT STEPHENS ROAD(HWY. 45) MOBILE, AL

TERMS, CONDITIONS AND DISCLAIMER ALL BIDDERS MUST REGISTER IN ORDER TO BID AT THE AUCTION. A VALID CREDIT CARD WILL BE REQUIRED TO REGISTER FOR THE SALE FOR ONLINE BIDDING. THIS IS A RESERVE AUCTION. THE PROPERTY WILL BE SOLD SUBJECT TO THE SELLER'S CONFIRMATION. OBTAINING A BIDDER NUMBER INDICATES ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE SALE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE SALE, PLEASE DO NOT BID. THIS AUCTION IS CONDUCTED ACCORDING TO THE LAWS OF THE STATE OF ALABAMA AND THE UNIFORM COMMERCIAL CODE (UCC) OF THE UNITED STATES. THIS IS AN AUCTION WITH RESERVE. FOR MORE INFORMATION, PLEASE VISIT WWW.AUCTIONLAW.WORDPRESS.COM. AUCTIONEER RESERVES THE RIGHT TO SELL THE PROPERTY IN ANY MANNER THAT IS MOST BENEFICIAL TO THE SELLER, INCLUDING SETTING BID INCREMENTS AT APPROPRIATE LEVELS BASED ON THE ITEM TO BE SOLD. AUCTIONEER FURTHER RESERVES THE RIGHT TO BID ON THE SELLER'S BEHALF AND/OR ACCEPT BIDS FROM THE SELLER. IN THE EVENT OF A DISPUTE, THE DECISION OF THE AUCTIONER SHALL BE FINAL. THIS IS AN ONLINE ONLY AUCTION. THE BUYER IS RESPONSIBLE FOR READING AND UNDERSTANDING THE FULL TERMS AND CONDITIONS AND THE FULL DESCRIPTIONS OF THE PROPERTY. THE AUCTION PROPERTIES ARE LOCATED AT 3640 SAINT STEPHENS ROAD MOBILE, AL AND 4370 LOTT ROAD EIGHT MILE, AL THE PROPERTY WILL BE SOLD AS IS, WHERE IS AND ALL SALES ARE FINAL. NEITHER AUCTIONEER NOR SELLER MAKE ANY GUARANTEES WHATSOEVER CONCERNING THE PROPERTY TO BE SOLD. IT IS SOLELY UP TO THE BIDDER TO INSPECT AND EXAMINE THE PROPERTY TO BE SOLD AND TO ASK ANY QUESTIONS IF NECESSARY. BUYER SHOULD BE SATISFIED AS TO THE CONDITION OF THE PROPERTY TO BE SOLD PRIOR TO BIDDING.  AUCTION PREVIEW: PROPERTIES ARE VACANT AND CAN BE VIEWED AT ANY TIME. PLEASE CONTACT MATT PRESLEY PRIOR TO ANY VIEWINGS AT 251-222-6301. A 10% BUYER'S PREMIUM WILL BE ADDED TO THE HIGHEST BID TO ARRIVE AT THE TOTAL PURCHASE PRICE. A 2% DISCOUNT IS AVAILABLE TO BIDDERS WHO REGISTER AND CHOOSE TO PARTICIPATE IN THE BUYER OPENING BID PROGRAM. A 4% COMMISSION IS AVAILABLE TO A LICENSED REAL ESATE AGENT WHO REGISTERS HIS CLIENT AND CHOOSES TO PARTICPATE IN THE BROKER OPENING BID PROGRAM. FOR MORE INFORMATION, PLEASE CONTACT THE AUCTIONEER. UPON BEING DECLARED THE SUCCESSFUL PURCHASER, THE HIGH BIDDER WILL BE REQUIRED TO SIGN A REAL ESTATE AUCTION CONTRACT AND PAY A NON-REFUNDABLE DEPOSIT OF 10% OF THE TOTAL PURCHASE PRICE. THE CLOSING WILL TAKE PLACE ON OR BEFORE NOVEMBER 20, 2025, AT THE OFFICE OF PAM HOVEN WITH SURETY LAND TITLE. The seller will convey the property at final closing through the means of a general warranty deed. Property will be conveyed free and clear of all liens and/or encumbrances. The Property is selling subject to and any contract is not contingent upon any state of facts an accurate survey or personal inspection of the Property may reveal, any existing rights-of way, easements or claims to easements, encroachments, rights or claims of parties in possession, restrictive and protective covenants, flood zones, zoning or subdivision regulations, building codes, governmental agencies regulations, environmental conditions (including but not limited to wetlands, lead base paint, termites, radon gas, toxic mold, and asbestos), riparian or littoral rights, hazardous materials, leases or tenancies, any mineral rights, water rights, reservations or conveyances, and subject also to all title exceptions as set forth in the Title Information. It is the purchaser's sole and full responsibility to perform all inspections whether legal, environmental, economic or otherwise concerning the Property and improvements thereon and to be satisfied as to their condition prior to bidding. Purchaser must review all property information and independently verify any information they deem important including information available in public records and inquire of public officials as to the applicability of and compliance with land use, zoning, building and health and safety codes and ordinances, and any other local, state, or federal laws and regulations. All information contained in the brochure, these auction terms or any other materials used in conjunction with the auction including but not limited to square footages, acreage, dimensions, maps, taxes, etc., was provided by the Seller and is believed to be correct; however, neither Seller nor the Auctioneer makes any guarantees or warranties as to the accuracy or completeness of such information. Neither the Seller nor the Auctioneer is required to update any information. Purchaser and/or Purchaser's Agent/Broker shall bear the full responsibility to confirm all information relevant to the Property prior to bidding. No personal property and equipment will be conveyed with the real estate. Seller will convey any mineral, oil, and gas rights as actually owned by Seller, if any. The property is selling with all rights-of-way and easements of record. There will be a TEN PERCENT (10%) BUYER'S PREMIUM added to the highest bid to arrive at the Total Contract Price for the Property. Upon being declared the high bidder for the Property, the Purchaser will be required to pay in U.S. funds an Earnest Money deposit of 10% of the total purchase price. The balance of the purchase will be due at closing via cashier's check or verified wire transfer. Earnest money deposits greater than required are acceptable and will be applied in the same manner as outlined here. The high bid/offer made by the Bidder on auction day shall be binding on the Bidder. The confirmed high Bidder/Purchaser shall pay the required Earnest Money Deposit on auction day and shall execute and deliver a completed Auction Real Estate Sales Contract (Sales Contract), together with all related Addenda for the Property at the auction. The fully executed Sales Contract together with all related Addenda thereto shall control all terms of the sale and constitute the entire agreement between Purchaser and Seller. In the event of a conflict between these Terms of Sale and the Terms of such Sales Contract, the Terms of the Sales Contract shall prevail. NO CHANGES TO THE TERMS OF THE SALES CONTRACT WILL BE PERMITTED. THE PURCHASER WILL BE REQUIRED TO ENTER THE SALES CONTRACT "AS IS" ON AUCTION DAY . Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, recorded Power of Attorney approved by the Seller prior to the auction. If a person is bidding on behalf of a corporation, the bidder shall be individually bound until the bidder presents a corporate resolution prior to closing. If for any reason the Purchaser fails or refuses to deposit the required funds or to execute the Sales Contract immediately after being declared and confirmed as the High Bidder for the Property, the Seller reserves the right to declare the high Bidder's rights forfeited and may resell the Property and/or take any legal action necessary. THIS IS A CASH SALE. THIS SALE IS NOT CONTINGENT UPON THE PURCHASER'S ABILITY TO OBTAIN FINANCING. The property has been surveyed for the purposes of the auction with a boundary survey. Should the Purchaser desire a full survey, it shall be at purchaser's option and expense. Should such survey show a greater or lesser number of acres, no adjustment will be made to the Contract Price. The closing costs for the Property shall be as follows: Seller: Seller shall pay the fees for the preparation of the Title Commitment and the cost of preparing the legal documents to transfer the property and to release any liens and/or encumbrances on the Property to allow conveyance. The 2025 and/or 2026 Ad Valorem Property Taxes and general assessments, if any, shall be prorated through the Date of Closing. Purchaser: Purchaser shall pay for transfer taxes, costs of recording the General Warranty Deed, Title insurance, closing agent's fees and all other sale, closing or financing costs. The 2025 and/or 2026 Ad Valorem Property Taxes and general assessments, if any, shall be prorated through the Date of Closing. If the Purchaser desires an Owner's Policy of title insurance, it shall be at the Purchaser's option and expense. Closing will be scheduled on or before November 20, 2025. All deposits and down payments shall be in U.S. funds and shall be held in a non-interest- bearing account by the Auctioneer pending completion of necessary closing procedures, after which the Purchaser shall be granted possession of the Property subject to any matters in the Title Commitment and the Sales Contract. Closing will take place at the office of Pam Hoven (Closing Agent) of Surety Land Title at 5905 Airport Blvd. Mobile, AL. The proceeds due from Purchaser at such time of closing shall be in U.S. funds and must be in the form of a confirmed wire transfer. No cashier's checks will be accepted at final closing. In the event the Purchaser fails to close and pay his/her balance when due, Seller reserves all rights allowed by law and the Sales Contract, including a suit for damages, specific performance, or cancellation of the sale, with the Earnest Money Deposit to be split evenly between Seller and Auctioneer. Any action taken after default shall be solely at the Seller's option with all costs incurred by the Seller being paid by the Purchaser. DISCLAIMER: PERSONAL ON-SITE INSPECTION OF THE PROPERTY IS HIGHLY RECOMMENDED, AND BIDDERS ARE ADVISED TO INDEPENDENTLY VERIFY ALL INFORMATION THEY DEEM IMPORTANT. THIS PROPERTY IS BEING SOLD "AS IS, WHERE IS" AND "WITH ALL FAULTS." THE SELLER NOR AUCTIONEER HAVE NOT MADE, DO NOT MAKE, AND WILL NOT MAKE, AND HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, WHETHER ORAL OR WRITTEN, WITH RESPECT TO THE PROPERTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO ITS VALUE, CONDITION, ACREAGE, SQUARE FOOTAGE, SUITABILITY, MERCHANTABILITY, MARKETABILITY, OPERABILITY, ZONING OR SUBDIVISION REGULATIONS OR MINERAL RIGHTS, ENVIRONMENTAL CONDITION, RIPARIAN/LITTORAL RIGHTS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. NO GUARANTEES ARE GIVEN TO THE AVAILABILITY OF UTILITIES OR ACCESS, OR THE PERMITTED OR ALLOWABLE USES ON THE PROPERTY. Neither the Seller, its Attorneys or the Auctioneer shall be liable for any relief, including any damages, rescission, reformation, allowance or adjustments based on the failure of the property, including, but not limited to, amount of acreage, square footage, zoning, and environmental condition to conform to any specific standard or expectation, or any third-party documents or information. Auctioneer is acting exclusively for the Seller in this transaction. The Auctioneer is not acting as an agent in this transaction for the purchaser. Any third-party Broker is not a subagent of the Auctioneer and is to be paid by the Seller. All bidding is open to the public. The property is available to qualified Purchasers without regard to a prospective Purchaser's race, color, religion, sex, familial status, national origin, or physical handicap. All decisions of the Auctioneer are final as to the methods of bidding, disputes among bidders, increments of bidding and any other matters that may arise before, during or after the auction. All announcements made on auction day supersede any prior oral or written statements. The Seller reserves the right to add to or delete all or a portion of the property prior to the commencement of the bidding for the Property before or at the auction. IN THE CASE OF DEFAULT FOR NON-PAYMENT OR NON-REMOVAL OF ITEMS, AUCTIONEER RESERVES THE RIGHT TO RESALE ANY ITEMS FOR WHICH PAYMENT WAS NOT RECEIVED OR ITEMS NOT REMOVED IN THE TIME ALLOWED AND SUE BUYER FOR NON-PAYMENT. ANY DEFIECIENCY, TOGETHER WITH ALL EXPENSES, INCLUDING ALL ATTORNEY'S FEES, AND CHARGE OF RESALE SHALL BE CHARGED TO THE DEFAULTING BUYER. BUYER WILL NOT BE ENTITLED TO TAKE POSSESSION OF ITEMS WON BUT SHALL STILL BE REQUIRED TO PAY. BUYER AGREES TO ACCEPT THE PROPERTY "AS IS, WHERE IS AND WITH ALL FAULTS." AUCTIONEER IS ACTING AS A SELLING AGENT ONLY AND MAKES NO REPRESENTATIONS CONCERNING THE PROPERTY TO BE SOLD. ALL BIDDERS AGREE THAT THE AUCTION SITE IS POTENTIALLY A DANGEROUS PLACE AND ALL BIDDERS AGREE TO HOLD HARMLESS MATT PRESLEY AUCTIONEERS, THE SELLER AND ANY OF ITS AGENTS OR ASSIGNS FROM ANY LIABILITY OR ACCIDENTS THAT MAY OCCUR BY THE BIDDER'S PARTICIPATION IN THE ONLINE AUCTION. ALTHOUGH ALL INFORMATION HAS BEEN OBTAINED FORM SOURCES DEEMED RELIABLE, THE AUCTIONEER AND SELLER MAKE NO WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, AS TO THE ACCURACY OF THE INFORMATION HEREIN CONTAINED OR INFORMATION CONTAINED IN THE CATALOG OR ADVERTISEMENTS. IT IS FOR THIS REASON THAT BUYERS SHOULD AVAIL THEMSELVES OF THE OPPORTUNITY TO MAKE INSPECTION PRIOR TO THE AUCTION. ANNOUNCEMENTS MADE ON THE DAY OF THE SALE SUPERSEDE ANY PRINTED INFORMATION. ALL BIDS ARE SUBJECT TO ACCEPTANCE BY THE AUCTIONEER. NO BID SHALL BE DEEMED A VALID BID UNTIL ACCEPTED BY THE AUCTIONEER. ALL BIDS ARE ACCEPTED AT THE SOLE DISCRETION OF THE AUCTIONEER. ANY NOTICES RECEIVED BY THE BUYER SUCH AS MAY HAVE WON AN ITEM WILL BE SUBJECT TOTHE AUCTIONEER'S ACCEPATANCE OF THE BUYER'S BID AND SUBJECT TO THE CONFIRMATION OF THE SELLER.  IF YOU ARE THE SUCCESSFUL BIDDER, YOU AGREE TO PAY THE AMOUNT OF YOUR BID PLUS ALL TAXES AND PREMIUMS IN ACCORDANCE WITH ALL WRITTEN OR ORAL TERMS AND CONDITIONS OF THE AUCTION.  NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.  ALL BIDS SHALL BE DEEMED PENDING UNTIL DULY ACCEPTED BY THE AUCTIONEER.  THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH, IN THE AUCTIONEER'S SOLE DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION, INCLUDING BUT NOT LIMITED TO NOMINAL, SUSPICIOUS AND/OR SUSPECT ADVANCES. THE AUCTIONEER SHALL HAVE SOLE DISCRETION IN DECIDING THE SUCCESSFUL BIDDER IN THE EVENT OF A BIDDING DISPUTE. THERE WILL BE NO TIE BIDS. AUCTIONEER'S DETERMINATION OF THE SUCCESSFUL BIDDER SHALL BE THE FINAL DETERMINATION OF THE SUCCESSFUL BIDDER.  BY PLACING A BID, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS WHICH MAY BE SET FORTH BY EACH INDIVIDUAL AUCTION COMPANY AND EXPRESSLY ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ AND ARE FAMILIAR WITH THE TERMS AND CONDITIONS OF EACH INDIVIDUAL AUCTION COMPANY INVOLVED AS WELL AS THESE TERMS AND CONDITIONS.   ALL SALES ARE FINAL UPON THE DETERMINATION OF THE SUCCESSFUL BIDDER BY THE AUCTIONEER. BY PLACING A BID, YOU ACKNOWLEDGE THAT YOUR BID IS A LEGALLY BINDING OFFER TO PURCHASE THE ITEM OR PROPERTY BEING AUCTIONED.  THE SUCCESSFUL PURCHASER AGREES TO PAY ANY AND ALL REASONABLE ATTORNEYS FEES AND COSTS INCURRED BY THE AUCTION COMPANY, THE SELLER AND/OR THEIR SERVANTS, AGENTS OR EMPLOYEES IN THE COMMENCEMENT OR DEFENSE OF ANY ACTIONS HEREUNDER AS WELL AS IN THE COLLECTION OF ANY OBLIGATIONS HEREUNDER. THERE SHALL BE NO RETURNS OR EXCHANGES. ALL PROPERTY IS SOLD "AS-IS". IT IS THE BIDDER'S RESPONSIBILITY TO DETERMINE THE NATURE, CONDITION AND STATE OF TITLE OF EACH ITEM PURCHASED. VENUE & JURSIDICTION OF ALL DISPUTES. ANY AND ALL DISPUTES WHICH MAY ARISE BY VIRTUE OF THIS AUCTION SALE OR STEMMING FROM THIS AUCTION SALE SHALL BE IN THE COURT OF MOBILE COUNTY, ALABAMA. CHOICE OF LAW: THE LAW OF THE STATE OF ALABAMA SHALL GOVERN THE INTERPRETATION OF ANY AND ALL DISPUTES OR OTHER MATTERS RELATING TO THE SUBJECT SALE AND/OR STEMMING FROM THIS AUCTION SALE.  BIDDER ACKNOWLEDGES THAT NO RELATIONSHIP OF ANY NATURE OR TYPE, AGENT, EMPLOYEE, INDEPENDENT CONTRACTOR OR OTHERWISE, IS CREATED BETWEEN BIDDER AND AUCTIONEER, AFFILIATED AUCTION COMPANIES, AFFILIATED SOFTWARE COMPANIES AND/OR ANY SERVANT, AGENT OR EMPLOYEE OF THE SAME BY BIDDER'S PARTICIPATION IN THIS AUCTION.  BIDDER ACKNOWLEDGES AND AGREES THAT AUCTIONEER IS ACTING SOLELY AS THE AGENT FOR THE SELLER IN THIS AUCTION. DISCLAIMER OF WARRANTIES: THERE ARE NO UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR THE ITEM OR PROPERTY SOLD HEREUNDER, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. I AGREE TO RECEIVE EMAILS FROM MATT PRESLEY AUCTIONEERS AND/OR HIBID REGARDING UPCOMING AUCTIONS.