Personal Property Terms & Conditions (REAL ESTATE TERMS & CONDITIONS ARE AT THE END OF THESE TERMS)
ADDITIONAL TERMS HAVE BEEN ADDED AT THE END OF THESE TERMS FOR THE REAL ESTATE BEING SOLD IN THIS AUCTION BY COURT ORDER.

This is an online only auction. There will be no live event for this auction.
15% Buyer Premium - Credit Card Only Auction (cards will be processed at the close of the auction)

By registering to bid on the internet for this auction, you acknowledge that you have read & understand the terms and conditions for the auction andor auction item, and you agree to abide by all terms and conditions for the auction and or auction item. You further agree that you have read the general terms and conditions and terms of website use posted at www.bidderone.com under the Information heading. These terms are also available in our office.

Inspection: Location, Date and Time for inspections will be posted in the Auction Listing and or under a lot in the Auction Catalog. We highly encourage all bidders to inspect the items prior to bidding on our site. If you are unsure of what you are bidding on, we recommend you not bid. Buyers understand they view property at their own risk and L.W. Benton Co, its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection.

DYNAMIC AUCTION CLOSING TIME: The lots in this auction will close in staggered groups of 50 lots, with each addition group of 50 lots closing in 5 minute intervals. Please note that there is also a 5 minute auto-extend for each lot in all of our auctions. For example, if a lot in the auction is scheduled to close at 2:00 PM and someone places a bid at 1:59, the system will auto extend 5 minutes to give the previous bidders time to bid again. The auto-extend feature remains active until no further bids are received within the 5 minute time frame.

Payment: PLEASE NOTE THIS AUCTION IS CREDIT CARD ONLY - MasterCard, Visa, Discover and American Express. 15% Buyers Premium will apply to all purchases. Local Georgia Sales Tax will apply to each item. Dealers buying for resale may be exempt from paying sales tax if the dealer has a sales tax number registered online. That dealer will also be required to provide a signed tax exemption form at the time of pickup or sales tax will be charged.

Pick-up of Items: At the completion of the auction, the credit card on file for each successful bidder will be run for the full amount due. Upon receipt of payment in full the purchaser will receive an invoice marked “Paid”, which must be presented at time of pick up. L.W. Benton Company Inc. and or Sellers are in no way responsible for pick-up, delivery or assisting in loading out of property as this is the sole responsibility of the successful bidder. It is the successful bidders’ responsibility to remove property within the pick up dates specified. No items may be picked up without an invoice from L.W. Benton Company, Inc. marked “PAID.”

Penalties: Purchases not picked in accordance with the removal terms will be forfeit and resold to cover storage fees with no credit given to the original buyer. Buyers accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid.

Shipping: Shipping: L.W. Benton Company, nor its Sellers, offer shipping on auction items; however, L.W. Benton Company may be able to assist buyers in locating and securing shipping means when necessary, although this may incur additional costs depending on the circumstances. Any and all shipping costs are the sole responsibility of the buyer.

Condition of Property: Please note that we have not made any attempts to test any items. Items may be, including but not limited to, missing parts, damaged or in non-operable condition. All bidders, including buyer, should rely solely on personal inspection and not information listed in these items, on the website, or otherwise provided by L.W. Benton Company, Inc. or seller. Any bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale.

Any and all information regarding the condition of property is derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. It is the sole responsibility of the Bidder to verify any and all information.

Auction Bid Default: If the winning bidder's credit card information is on file with L.W. Benton Company, Inc., that card can be charged for the total purchase price plus one $100 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $25 late payment fee will be assessed for each partial or full day beyond the payment deadline for which payment is not made. If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within time specified after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. The seller reserves the right to sell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L.W. Benton Company, Inc. andor the seller reserve the right to pursue all legal remedies.

Legal courses of action: Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L.W. Benton Company, Inc., their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L.W. Benton Company, Inc.'s website and (III) a dispute with another bidder.

Seller agrees to hold harmless, the Auctioneers against any claims of the nature referred to in this contract. Venue for any controversy or claim arising from or relating to this agreement, or breach thereof, shall lie exclusively with the Magistrate or Superior Court of Jones County, Georgia. This agreement shall be interpreted in accordance with, and governed by, the laws of the State of Georgia.

WARNING - Explanation of Credit Card Fraud: In order to bid online, buyers must register and create an account at our website, www.BidderOne.com. The credit card is not charged and successful bidders are not required to pay by credit card. However, in the event that a buyer does not make payment arrangements within the specified time or attempts to back-out of the sale by not paying for their items, L.W. Benton Company reserves the right to charge the amount due, plus any sales tax, buyers fees andor late fees andor non-payment penalties to the account’s registered card. If, at that time, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes “Credit Card Fraud” under Federal and Georgia state law and L.W. Benton Company reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder’s residence. In addition to any criminal charges, L.W. Benton Company reserves the right to seek civil restitution as well.

Bid retraction: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, LWBC cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.

Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company, Inc. may reject the registration, and bidding activity will be terminated.

Withdrawal of Items From the Auction: L.W. Benton Company, Inc. andor the Seller reserves the right to add or delete property, reject any bid andor cancel the sale.

Agency Disclosure: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents.

Disclaimer: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. The Seller and their agents reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Any and all announcements made at the auction take precedence over all other verbal, printed, announced andor distributed information. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information.

Questions: Call our office at 478-744-0027 with questions.
52318


REAL ESTATE TERMS SNAPSHOT
(see terms and conditions for complete terms)

This auction will be an Online Only auction. This Property is being sold by Court Order!

Please Note: Descriptions, Acreage, Aerials & Pictures etc.. may be derived from tax assessors records on file. Please be sure to conduct your own due diligence to verify all information provided. Seller reserves the right to add or delete any properties at anytime prior to the close of the auction.

All Real Estate is Sold Subject to Sellers Approval.

10% Buyers Premium on all Real Estate.

10% Down Payment due within 48 hours

Buyer pays closing costs.

Thank you for registering to bid in the Real Estate Auction. Below is a snap shop of the terms for the sale. You can go to the terms and conditions section on our website for this auction to view the complete terms. Please note that all our online auctions have an auto extend feature. This auction will use our extend one, extend all feature. We encourage you to NOT wait until the last minutes to start placing your bids. Get them in early. See below for further details on extend times and bidding options.

Auction End Times & Extend All Feature: Our Auctions are timed events with a 5 minute auto extend feature. For example, if the auction is scheduled to begin closing at 2:00 PM and someone places a bid at 1:59, the system will auto extend the property 5 minutes to allow the previous bidders time to bid again. The auto extend feature remains active until no further bids are received within a 5 minute time frame.

BUYERS FEE: A 10% Buyer Fee will be added to your final bid resulting in the final purchase price. Example: if the final bid on the property is $100,000.00, add the 10% buyers fee of $10,000.00 in this case, for a total purchase price of $110,000.00

ALL PROPERTIES SOLD SUBJECT TO SELLER APPROVAL: Please note that all bids will have to be approved by the seller. Although some may be confirmed that day, other may take additional time to receive approval.

CONTRACTS: Once all lots have closed, our office will begin preparing the Sales Purchase Contract to send to you for your signature. Please allow us 24 hours to get the contract sent to you. Once you receive the contract, we ask that you return it within 24 hours so that we can provide them to the receiver to get confirmation from the court.

DOWN PAYMENT: 10% Down Payment. Deposit Due within 48 hours with the balance due within 30 days.

CLOSING COST: Buyer can choose closing attorney.  Buyer will incur all cost of closing including preparation or waranty deed, transfer tax, survey costs, title insurance etc...

CLOSING AGENT/LOCATION: Buyer Choice!

SPECIAL NOTES:

All properties are sold “As Is, Where Is” with no warranties expressed or implied as to current or future use of property.
Failure of any bidder to inspect or to be fully informed as to the condition of the properties will not constitute grounds for any claim or demand for adjustment or withdrawal of any contract signed by the bidder.
At the conclusion of bidding, the successful bidder will be emailed a Sale/Purchase contract and will be required to return a signed copy within 24 hours. No conditions may be added to the agreement by the buyer.
Please note that you may need to refresh your screen during the last minutes of the auction to ensure the most accurate information.

POSSESSION: Purchaser shall receive possession of the property at the time of closing. There will be no exceptions to this condition

TITLE INSURANCE: Title Exam & Insurance will be the buyer’s expense

TAXES: Taxes will be prorated to the day of closing (if applicable)

TRANSFER TAX: Transfer tax to be paid by the buyer (if applicable)

RENTS/INCOMES: Any Rents or Income will be prorated to the day of closing (if applicable)

Survey: Properties will be sold by the existing plats of record recorded in the county where the property is located. If there is no plat of record or legal description and the property requires a survey, the cost of the survey will be at the buyer’s expense. Please do your own due diligence prior to bidding.

SERVER SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Breco Benton Auction reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Breco Benton Auction SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to the email address provided in your registration with updated information as deemed necessary by Breco Benton Auction.

TERMS: 10% of the final bid price as non refundable earnest money in the form of a certified check, cash or wire transfer within 48 hour of the close of auction, with the balance of purchase price due at closing. Purchaser shall be responsible for all wire transfer fees and any currency exchange fees to US dollars. 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 bidders at registration prior to bidding and specified in the attached Contract for Sale of Real Estate

Please do you own due diligence before bidding. If you are unsure about what you are bidding on, Do Not Bid!

Real Estate Auction Conducted in Conjunction with:

Breco Benton Auction LLC
266 W. Washington St.
Madison, GA 30650
Jack Bone - 706-342-3355
Bo Benton - 478-744-0027

GENERAL REAL ESTATE TERMS:
auction recommendations
Thoroughly read the auction information document and familiarize yourself with the properties offered and the auction terms and conditions. If you will require financing, please see a lender for pre-qualification. If you have questions about the terms, conditions or purchase agreement, contact our office and speak with one of the auction staff. Plan to inspect or drive-by each property in which you are interested. Establish a range of value for the property and bid within your limits. We do not recommend that you bid on a property that you have not seen. There is not an inspection period after the auction. The deposit listed in the terms is due upon being declared the winning bidder. The deposit is non-refundable. All information about the property has been provided by the seller or public records. All bidders must verify all information to their own satisfaction prior to bidding. Immediately upon completion of the auction, winning bidders will be required to execute an Auction Contract. Please be prepared to close the transaction within 30 days.

Terms & Conditions For Sale of Real Property: Each property is offered under the specific terms and conditions provided in the
property information package. Please read and review the terms & conditions thoroughly prior to bidding on any property. If you have not read and reviewed the Terms & Conditions of Real Property, Do Not Bid.

Terms: At the close of the auction, successful bidders will be emailed a contract to be executed and returned to L.W. Benton
Company, Inc.. Successful bidders will deposit an earnest money deposit as stated in the property information package for each
property in the form of cashier’s check, personal or company check with bank letter or wire transfer with the onsite broker listed for
the specific property. The entirety of the remaining balance is due at closing within 30 days from the sale date. Purchaser shall be
responsible for all wire transfer fees.

Contract Documents will be sent by e-mail to the successful bidder, who must execute and fax or email back to L.W. Benton Company, Inc. within 24 hours of the end of the auction.

Successful bidders not executing and returning their contract with earnest money deposit within 48 hours of the conclusion of the
auction will be considered in default.

Auction Bid Default: In the event a winning bidder fails to submit the signed “Contract for Sale of Real Property” and the
earnest money deposit as provided in the pre-stipulated Auction Terms, the winning bidder will be charged a penalty fee of $2,000.00
on the credit card provided at auction registration. Additional default remedies are reserved by L.W. Benton Company, Inc. and the
Seller as provided in the Auction Terms & Conditions and the “Contract for Sale of Real Property”.

Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company will reject the registration, and bidding activity will be terminated.

A 10% buyer’s premium will be added to the bid price to determine the final contract price.

Buyer's premium
A 10% buyer's premium will be added to the bid to establish the contract price the successful bidder must pay. For example, a bid of
$100,000 will be assessed a $10,000 buyer's premium, creating a contract price of $110,000.

Closings: Time being of the essence, these sales shall be closed with 30 days of the sale date. The seller may choose the closing attorney. Seller will pay for ALL costs associated with the closing including preparation of warranty deed, transfer tax, surveys etc... HOA fees and condominium assessments, if any, will be
prorated up to the date of closing. Rents/Incomes will be prorated to the date of closingThe purchaser will pay all other closing costs associated with this sale .

Agency Disclosure: In all transactions, L.W. Benton Company, Inc. is acting as agent for the seller, not as buyer’s agent.
This transaction is not contingent on the buyer obtaining financing or upon any other event except as specifically referred to in these terms and conditions.

Multiple tract sales
Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. L.W.
Benton Company, Inc. reserves the right to offer the property in individual tracts or lots, combinations of tracts or lots, as a whole or in anyway that we see fit in order for it to bring the most money for the seller. The sale of combinations supersedes the sale of individual tracts. The decision of the auctioneer is final. Seller and L.W. Benton Company, Inc. reserve the right to amend any terms or conditions prior to or during the auction.

Release
By its acceptance of the deed, buyer shall be deemed to release seller & L.W. Benton Company, Inc. from any and all claims and liabilities relating to any defect, deficiency of other matter concerning the property including, without limitation, the quality, condition, quantity, or use of the property. Sellers & L.W. Benton Company, Inc. give no warranties of any kind either expressed or implied, with respect to the condition, merchantability, use, size, configuration, design, or suitability of the property.

Legal courses of action
Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to
ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L.W. Benton Company, Inc., their employees, governing body, officers, owners, affiliates, subsidiaries,directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L.W. Benton Company, Inc.'s website and (III) a dispute with another
bidder.

Bid retraction
By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the purchase offer. If a
bidder cannot satisfy the terms of the auction, the bidder should not bid.

Disclaimer: All information contained herein is believed to be correct to the best of the L.W. Benton Company, Inc. knowledge. The
information is being furnished to bidders for the bidder’s convenience and it is the responsibility of the bidder to determine
that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk.
Each bidder must conduct and rely solely upon their own investigation and inspection. The property is being sold “AS IS” with any and all faults. By Georgia Law, all properties are sold with reserve/subject to owner confirmation unless advertised Absolute. Please review all information supplied and seek appropriate assistance prior to bidding. Note: Under Title X, the purchaser of a single family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. All bidders must sign a waiver of the 10 day post sale inspection period. Any announcements made from the auction stand take precedence over all other prior announcements either announced, published, posted, verbal, or communicated in any form.