WE DO NOT PROVIDE SHIPPING SERVICES EXHIBIT “A” TERMS AND CONDITIONS 90 Acres on Dews Pond Road, Calhoun, GA 30701 Saturday, October 5, 10 AM CONDITIONS OF SALE: American Auctioneers(Auctioneer) has entered into a contract with Donald & Faye Worley(Sellers) to offer at public auction certain real estate consisting of 90+/- Acres located on Dews Pond Road, Calhoun, Georgia. All property is selling “AS IS, WHERE IS” free and clear from all liens and judgments. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products concerning the property are given by the Auctioneer or Seller. All bidders acknowledge and agree by their participation in the Auction, that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders or any other issues that might arise before, during or after the Auction. The sellers have the right to add or withdraw all or any portion of the property before the bidding begins on Thursday, October 3, 2019. These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract, which will prevail over this document and any other agreement between the buyer and seller. We request all bidders register and obtain a bid number. This is a cash sale. It is not contingent upon Purchaser obtaining financing. RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, regulations, covenants, any existing rights of way and all other matters now of record. PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the final purchase price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest bearing escrow account under the control of American Auctioneers. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser(s) fails to close and pay his/her balance when due, the deposit may be retained by the Sellers and Auctioneer as liquidated damages in addition to any other remedies available to the Sellers and Auctioneer. SURVEY: The property has been surveyed for this auction by Glass & Associates Land Surveying, PC, a registered Georgia land surveyor. The accuracy of the survey is the sole liability of the surveyor and the purchaser, and the purchaser does hereby release American Auctioneers, LLC from all liability in all matters concerning the survey. A survey fee of $1,500 for tracts 2, 3, 5 & 6, $2,000 for tract 1, $4,000 for tract 4 will be due and collected today. CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Sellers and Purchaser(s) in writing. The closing attorney is Giles Jones, Jones & Erwin, PC, 109 N Wall Street, Calhoun, Georgia, 706-625-2233. CLOSING COSTS: The seller will provide a warranty deed at closing. If the seller is unable to convey clear title to the property, the Purchaser(s) Earnest money deposit will be returned. All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense. POSSESSION: Purchaser(s) will be granted possession at closing, on or before November 5, 2019. TAXES: The real estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser(s), they will be the responsibility of the purchaser(s). AGENCY: The Auctioneer is acting as agent for the Sellers only in this transaction and is to be paid a fee pursuant to a separate written agreement between Sellers and the Auctioneer. The Auctioneer is not acting as an agent for the Purchaser(s) in this transaction. Any third party broker is not a sub-agent of the Auctioneer. BUYER’S NOTE: American Auctioneers and the Sellers reserve the right to amend any terms of conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Sellers or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is strongly recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information. American Auctioneers is the “Agent of the Sellers” and our fiduciary duties of loyalty and faithfulness are owed to the Sellers. NOTE: This auction is being recorded by both audio and video in its entirety for legal purposes. I have received, read, understand and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “A”. I, Purchaser(s), certify that I have been provided a copy and have read and understand these “Terms & Conditions”. October 5, 2019 Date Purchaser October 5, 2019 Date Purchaser . I, Seller(s), certify that I have been provided a copy and have read and understand these “Terms & Conditions”. October 5, 2019 Date Seller I, Keith Baldwin, certify that I have provided both the Buyer(s) and the Seller(s) named above a copy of “Terms & Conditions. October 5, 2019 Date Broker, American Auctioneers 1) There is an additional 2% Internet Purchase fee on top of the following: American Auctioneers charges Buyer's Premium plus any applicable sales tax. Failure to pay for the item(s) that you are the successful bidder on will result in a penalty in the amount of 25% of the purchase price of the item(s). 2) Applicable State, County & City Sales Tax will be charged on all Lots unless you are exempt from Sales Tax and you provide tax exemption form and exception certificates that are acceptable to the State of GEORGIA. TITLED ITEMS WILL INCUR A $99 TITLE AND DOC FEE FOR NON DEALER BUYERS. GEORGIA RESIDENT BUYERS WILL ALSO PAY TAVT ON EACH TITLED ITEM 3) Auctioneer must be paid in full within 72 hours of auction by bank wire. 4) All purchases must be removed from the premises by September 25, 2019. 5) Bidders are to be held personally liable for any bids made with their Bidding Number. 6) The highest bidder for each Lot shall be the Purchaser, and in the event of any dispute the Auctioneers shall have absolute discretion either to settle such dispute or to re-offer the lot for re-sale. 7) The Auctioneer accepts no liability for loss or damage howsoever arising from any Lots not presented for sale. 8) The Auctioneer has described the Lot(s) in the catalog to the best of their ability and belief from information furnished by the Vendor(s) who shall be alone responsible for any error or miss-statement, which there may be. The Auctioneer undertakes no liability whatever in respect of any faults, deficiencies and errors of any description, oral or printed, nor do they accept responsibility for the authenticity, genuineness, origin, age, condition or quality of any Lot(s) and all statements as to these matters whether contained in the catalog or made orally are statements of opinion only and not to be taken as being or implying a statement or representation of fact 9) Each and every Lot is sold 'as is, where is'. The Auctioneer provides no guarantees or warranties (express or implied) in respect of the Equipment contained in the Lot. All representations made by the Auctioneer, its servants or agents are to be considered lay opinions only and the Auctioneer and Equipmentfacts accept no liability for any purchase made by a Buyer in reliance upon them. 10) The Buyer agrees to insure the Equipment purchased against all losses from the Auction Date until removal of the Equipment by the Buyer. 11) The Buyer acknowledges he/she has read and agrees to be bound by the additional terms and conditions set forth.