Auction Terms & Conditions Auction Terms & Conditions Personal Property Terms:: All items that have not been picked up will be charged to winning Buyer and payment will be processed with their card of record. Pick up is the sole responsibility of the buyer, NOT Mid South Auction & Realty Staff. If the buyer cannot pick up and pay at preannounced and ordained time and location, call 662-837-0688 and arrange special terms, PRIOR TO BIDDING ON THOSE ITEMS. Auction Terms & Conditions Real Estate Terms: The Winning Bidder is responsible for paying a non-refundable 10% down payment within 2hrs after auction closes.(be SURE you have your financing in order before bidding) balance due at closing (Closing will be set by Closing Attorney) for Real Estate. Property information believed to be accurate but not guaranteed. Buyer should independently verify all information prior to bidding. NO BIDDER WILL BE ALLOWED TO BID ON THIS PROPERTY WITHOUT A PHYSICAL INSPECTION OF PROPERY, and a BANK LETTER with proof of financing. 1. Refresh Bidding: Refresh your screen constantly during the closing minutes of the bidding, or View the "Live Catalog" 2. Bidding Increments: Each Mid South Auction and Realty auction may have different bidding increments. The software will calculate the next bid amount before submitting the bid. 3. Agency: Mid South Auction and Realty, Agents and Representatives are agents of the Seller. 4. Buyer's Premium: There is no buyers Premium on this Real Estate. 5. Auction Ending: Mid South Auction and Realty Online Auctions are timed events and all bidding will begin closing at a specified time. Mid South Auction and Realty Online Auctions also have an auto-extend feature. Any bid placed in the final fifteen (15) minutes of an auction, the auction ending will be automatically extended fifteen (15) minutes from the time the bid was placed. Example: If an auction is scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend 6:14. The auto extend feature remains active until no further bids are received within a fifteen (15) minute time frame. 6. Time Increase or Decrease: Mid South Auction and Realty may increase or decrease the extended time amount at any time during the auction until the close of bidding. 7. Outbid Notification: Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed. You will not get any email notifications after the ending has began. 8. Property Information & Inspection: Mid South Auction and Realty is not responsible for any missing or incorrect listing information. Mid South Auction and Realty has attempted to provide accurate descriptions. However, it is the bidder's responsibility to conduct any inspections to determine the condition and feasibility of the bidder’s intended use. Descriptions that are provided by Mid South Auction and Realty are provided in good faith and are matters of opinion. 9. Auctioneer's Discretion: Mid South Auction and Realty has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Mid South Auction and Realty or the seller. Mid South Auction and Realty reserves the right to modify, change, or remove usernames at any time. 10. Server & Software Technical Issues: In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Mid South Auction and Realty reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Mid South Auction and Realty shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary by Mid South Auction and Realty. 11. Terms: 10% OF THE FINAL BID PRICE REQUIRED (Real Estate) as non-refundable down payment money in the form of a certified check, cash or wire transfer within 2 hour of the close of auction (be SURE you have your finances in order before bidding), with the balance of purchase price 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. This online only auction is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by Bidder and or Buyers at registration. Buyer may obtain financing, but said financing is in NO WAY CONTINGENT upon Buyer's obligation to close on the transaction in timely manner. 12. Contract For Sale Of Real Estate: The contract is required to be fully and correctly completed, WITHOUT any modifications and properly signed within 2 hours of Auction closing. 13. Closing: Property is to be closed within 120 days after the auction. The only extensions that will be granted is by the court system. Be prepared to close. 14. Closing Costs: Seller and Buyer shall pay a closing fee and document preparation fee. Seller shall also pay for any costs incurred by Mid South Auction and Realty, as agreed upon in the AUCTION CONTRACT. Seller shall pay no closing costs for Buyer, including any lender's fees or recording fees unless otherwise agreed to in this Contract. 15. Property Condition: Buyer specifically acknowledges herein that the property is being purchased 'AS IS' with all faults and that neither the Seller nor Mid South Auction and Realty, makes any warranties or representations, expressed or implied, as to the habitability, condition, square footage, acreage or boundary lines of the real property conveyed herein. 16. Hold Harmless: Buyer and or Bidder agrees to hold harmless and indemnify Mid South Auction and Realty and its Agents, Owners, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. 17. Disputes: Any dispute between Mid South Auction and Realty, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Tippah County, MS. By bidding on any item, buyer agrees to all terms and conditions set forth. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. 18. Auction Bidder and/or Buyer Default: Successful Bidder and or Buyer not executing and returning the contract with earnest money deposit within 2 hours of the conclusion of the auction will be considered in default. In the event a winning Bidder and or Buyer fails to submit the signed Contract for Sale of Real Estate and down payment money deposit, the winning Bidder and or Buyer shall pay to Mid South Auction and Realty, as damages, an amount equal to the Buyer's premium or commission percentage, as set forth in said Contract, and any and all expenses incurred by the said Mid South Auction and Realty, for said auction. Should Buyer's down payment check be returned for any reason whatsoever, this shall constitute an item of default, and in addition to the remedies previously stated hereinabove, Buyer shall also pay an additional penalty of five percent (5%) of the down payment check to Mid South Auction and Realty. Buyer shall also pay a reasonable attorney's fee and costs incurred in the collection of these monies owed by Buyer as a result of Buyer's default. Buyer shall also pay the Seller any damages caused by said breach of contract, including attorney's fees and costs. This shall not preclude the Seller from suing for specific performance of the Contract of Sale, in addition to said damages. It is specifically understood and agreed by and between the Seller and Mid South Auction and Realty., that in the event the Buyer should default in the terms of this Contract in any manner whatsoever, that the down payment money, or sufficient sums therefore, shall be paid first to the agent for the Buyer's premium or commission percentage, and the balance, if any, to the Seller. Any disputes will be tried in a court of jurisdiction in Tippah County, MS . Mid South Auction and Realty reserves the right to sell to the next highest qualified Bidder and or Buyer in the event the successful high Bidder and or Buyer does not comply with the terms of the sale. By bidding on the property, buyer agrees to all terms and conditions set forth. The contract is required to be fully and correctly completed, without any modifications and properly signed. A contract that is incomplete, incorrect, or modified in any respect, is considered to be in default. 19. Auction Cancellation – Bid Rejection: Mid South Auction and Realty reserves the right to reject any and or all bids for any reason. Mid South Auction and Realty reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed. 20. Title: Purchaser is responsible for purchasing title insurance if desired. 21. Deed: Seller will provide a free and clear deed to the property 22. Possession: Possession will be given at closing. 23. Real Estate Taxes and Closing Cost: UNLESS OTHERWISE STATED IN THE CONTRACT FOR SALE OF REAL ESTATE, all taxes will be prorated to day of closing using the most current available year’s tax amount. HOA fees and condominium assessments, if any, will be prorated up to the date of closing. 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. 24. Easements: Subject to any and all easements of record whether recorded or not recorded. 25. Zoning: This property is subject to all state and local zoning ordinances. 26. Acreage & Aerial Photos: Parcel dimensions and acreages are based on legal descriptions. Aerial photos are for illustration purposes only and not surveyed boundary lines. 27. Bidder Verification: The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Mid South Auction and Realty will reject the registration, and bidding activity will be terminated. The Seller and Mid South Auction and Realty reserve the right to preclude any person from bidding. 28. Bidder Responsibilities: Bidder responsibilities include, but are not limited to: 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. Auction company employees and/or auction company may bid on auction. We gather aggregate information from the web site which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence. 29. Guarantee Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees down payment to Mid South Auction and Realty 30. ALL BIDS SUBJECT TO COURT APPROVAL.