1. THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHED, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND DURING THE SALE BY THE AUCTION COMPANY.

1. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION COMPANY SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT, REPRESENTED BY AN AGENT OR ABSENTEE BIDDER.  BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE.

2.    TERMS OF SALE:  ALL PROPERTY IS SOLD “AS-IS’ AND ‘WHERE-IS’ AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES NOR THE SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD.  IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES OR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS.  NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY.  ALEXANDER AUCTIONS & REAL ESTATE SALES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM

3.    ALEXANDER AUCTIONS AND REAL ESTATE SALES HAS BEEN COMMISSIONED BY JAMES JOHNSON & NANCY C. JOHNSON  TO SELL THIS PROPERTY AT PUBLIC AUCTION.

4.    REAL ESTATE CONSISTS OF 62.39 AC., AND IMPROVEMENTS IN HENDERSON COUNTY, TENNESSEE

6.     PROPERTY TAX MAP 078B PARCEL 002.06 

7.    2025 PROPERTY TAXES: $504.00 + SSD $43.00 = $547.00

8.    TRACT 1 – 16.64 ACRES RESIDENCE, DETACHED GARAGE, SHOP & IMPLEMENT SHED.

9.    TRACT 2 – 8.25 ACRES RESIDENCE & DETACHED CARPORT.  WEST OF TRACT 1

10.    TRACT 3 – 37.50 ACRES WEST OF TRACT 2.

11.    THE PROPERTY HAS 62.12 FEET FRONTAGE ON BRITT ROAD.  THE DRIVEWAY WILL BE DEEDED TO BUYER OF TRACT 1.

12.    TRACT 2 AND TRACT 3 ARE INGRESSED AND EGRESSED BY A PERPETUAL EASEMENT OVER AND THROUGH THE 62.12 FOOT DRIVEWAY EXTENDING FROM BRITT ROAD TO THE RESIDENCE ON TRACT 1.

13.    THE REAL ESTATE BOUNDARY WAS SURVEYED BY ADVANCED LAND SURVEYING, INC. HENDERSON, TN 38340 BY M. MANESS AND DATED 1/11/25.

14.    THE INDIVIDUAL TRACT LINES HAVE BEEN SET AND SURVEYED ON OCTOBER 1, 2025.

15.    SURVEY COST:  PURCHASER OF EACH TRACT SHALL PAY $600.00 FOR SURVEY COST AT THE CLOSING.

16.    CONDITIONS OF SALE:  PROPERTY IS BEING OFFERED IN AN ONLINE AUCTION.  THIS AUCTION HAS AN EXTEND-ALL FEATURE.

17.    BIDDER SHOULD REVIEW THESE TERMS, THE SALES & PURCHASE AGREEMENT (CONTRACT), AND OTHER EXHIBITS POSTED ONLINE AND IN THE DUE DILIGENCE REPORT.

18.    BUYER’S PREMIUM:  A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID ON THE REAL ESTATE TO REACH THE TOTAL SALES PRICE AND TOTAL CONTRACT PRICE.

19.    BIDDERS AND BUYERS MUST AGREE TO THESE AUCTION TERMS & CONDITIONS AND EXHIBITS INCLUDED WITH THE TERMS ONLINE BEFORE BIDDING. YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND EXHIBITS ARE ACCEPTED AND APPROVED BY YOUR REGISTERING FOR A BIDDER NUMBER.

20.    PURCHASE AGREEMENT:   AFTER THE CLOSE OF THE AUCTION, THE SUCCESSFUL BIDDER WILL BE EMAILED A SALES AND PURCHASE AGREEMENT/CONTRACT TO BE SIGNED AND RETURNED TO ALEXANDER AUCTIONS & REAL ESTATE SALES WITHIN 24 HOURS OF COMPLETION OF THE AUCTION, ALONG WITH THE REQUIRED EARNEST MONEY DEPOSIT.

21.    EARNEST MONEY:  THE SUCCESSFUL BIDDER IS REQUIRED TO MAKE AN EARNEST MONEY DEPOSIT OF 15% OF THE TOTAL SALES PRICE AND CONTRACT PRICE ON ANY TRACT OF REAL ESTATE, WITHIN 24 HOURS AFTER THE AUCTION CLOSES, WHEN THE PURCHASE AGREEMENT IS SIGNED.  EARNEST MONEY IS NON-REFUNDABLE.

22.    EARNEST MONEY PAYMENT:   EARNEST MONEY PAYABLE BY CASH, WIRE TRANSFER, CASHIER’S CHECK OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTY MADE TO ALEXANDER AUCTIONS.  SEE SAMPLE COPY OF BANK LETTER OF GUARANTY AT WEBSITE ONLINE.  NO CREDIT CARD PAYMENTS AND NO LETTERS OF INTENT ACCEPTED FOR PAYMENT.

23.    CASH OFFER:   BUYER(S) MUST BE PREPARED TO MAKE A CASH OFFER. THERE ARE NO CONTINGENCIES TO THIS SALE (I.E., FINANCING, APPRAISAL, REPAIRS, OR INSPECTIONS).  THEREFORE, YOU SHOULD BE PRE-QUALIFIED BY A LENDER PRIOR TO BIDDING IF YOU REQUIRE FINANCING.  THIS PROPERTY IS BEING SOLD FOR CASH “AS-IS, WHERE-IS” WITH A CLOSING DEADLINE.

24.    CLOSING DATE:   BALANCE OF THE PURCHASE PRICE SHALL BE DUE ON OR BEFORE DECEMBER 3^RD, 2025.  

26.    LIQUIDATED DAMAGES:  SUCCESSFUL BIDDERS NOT EXECUTING AND RETURNING THEIR PURCHASE AGREEMENT ALONG WITH EARNEST MONEY DEPOSIT WITHIN FORTY-EIGHT (48) HOURS OF THE CONCLUSION OF THE AUCTION WILL BE CONSIDERED IN DEFAULT.  IF YOUR CLOSING IS DELAYED FOR ANY REASON, BY YOU, AS PURCHASER, OR OTHER PARTIES WORKING ON YOUR BEHALF, INCLUDING ANY LENDER YOU INVOLVE, YOU MAY BE DECLARED IN BREACH OF THIS CONTRACT, FORFEIT ALL DEPOSITS MADE AND COULD ADDITIONALLY BE LIABLE FOR ANY AND ALL COST INCURRED BY SELLER AND ALEXANDER AUCTIONS AND REAL ESTATE SALES INCURRED IN A SUBSEQUENT RESALE OF THE PROPERTY.  IF SUCH ACTION OCCURS, ALEXANDER AUCTIONS AND REAL ESTATE SALES HEREBY HAS THE RIGHT TO DISPERSE THE EARNEST MONEY AS STATED IN THE PURCHASE AGREEMENT AND THE BUYER HAS NO CLAIMS TO SUCH MONEY OR PROPERTY BEING SOLD.  LIQUIDATED DAMAGES ARE TO COVER COST OF AUCTION, COST INCURRED BY SELLER, LABOR COST AND ADDITIONAL COST OF THE AUCTION NOT DEFINED IN THIS AGREEMENT.   THESE LIQUIDATED DAMAGES DO NOT RESTRICT THE SELLER FROM SUING THE BUYER FOR PERFORMANCE DAMAGES AND/OR ANY ADDITIONAL DAMAGES THE SELLER SUFFERS BY THE DEFAULT OF THE BUYER.

27.    COMPLIANCE WITH THE TERMS OF SALE:  SUCCESSFUL BIDDERS AND OR BUYERS NOT EXECUTING AND RETURNING THE CONTRACT WITH EARNEST MONEY DEPOSIT WITHIN 48 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 PURCHASE AGREEMENT (CONTRACT) FOR SALE OF REAL ESTATE AND EARNEST MONEY DEPOSIT, THE WINNING BIDDER AND OR BUYER SHALL PAY TO ALEXANDER AUCTIONS ANY 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 ALEXANDER AUCTIONS FOR SAID AUCTION.  SHOULD BUYER’S EARNEST MONEY 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 EARNEST MONEY CHECK TO ALEXANDER AUCTIONS.  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 ALEXANDER AUCTIONS THAT IN THE EVENT THE BUYER SHOULD DEFAULT IN THE TERMS OF THIS CONTRACT IN ANY MANNER WHATSOEVER, THE EARNEST 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 WEAKLEY COUNTY OR HENDERSON COUNTY, TENNESSEE.  ALEXANDER AUCTIONS RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER OR ANY OTHER BIDDER 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.

29.    POSSESSION OF ALL TRACTS AND THEIR IMPROVEMENTS WILL BE GIVEN AT CLOSING.

33.    CLOSING DELAY:  IF YOUR CLOSING IS DELAYED FOR ANY REASON, BY YOU, AS PURCHASER, OR OTHER PARTIES WORKING ON YOUR BEHALF, INCLUDING ANY LENDER YOU INVOLVE, YOU MAY BE DECLARED IN BREACH OF THIS CONTRACT, FORFEIT ALL DEPOSITS MADE AND COULD ADDITIONALLY BE LIABLE FOR ANY AND ALL COST INCURRED, IN A SUBSEQUENT RESALE OF THE PROPERTY, BY SELLER AND ALEXANDER AUCTIONS.  IF SUCH ACTION OCCURS, ALEXANDER AUCTIONS HEREBY HAS THE RIGHT TO DISPERSE THE EARNEST MONEY IN THE PURCHASE AGREEMENT AND THE BUYER HAS NO CLAIMS TO SUCH MONEY OR PROPERTY BEING SOLD.  LIQUIDATED DAMAGES ARE TO COVER THE AUCTIONEER’S COMMISSION, COST OF AUCTION, COST INCURRED BY SELLER, LABOR COST AND ADDITIONAL COST OF AUCTION AS NOT DEFINED IN THIS AGREEMENT.  THESE LIQUIDATED DAMAGES DO NOT RESTRICT THE SELLER FROM SUING THE BUYER FOR PERFORMANCE DAMAGES AND/OR ANY ADDITIONAL DAMAGES THE SELLER SUFFERS BY THE DEFAULT OF THE BUYER.

34.    TITLE:   DEED TRANSFER WILL BE BY WARRANTY DEED SIGNED BY THE OWNERS.

35.    INSPECTION:  PROSPECTIVE PURCHASER(S) SHOULD INSPECT AND REVIEW THE PROPERTY TO BECOME FAMILIAR WITH THE PROPERTY BOUNDARY LINES AND THE PHYSICAL CONDITION OF THE IMPROVEMENTS AND COMPLETE THEIR OWN DUE DILIGENCE RESEARCH.

36.    DEED DESCRIPTIONS:  PROPERTY WILL BE SOLD ACCORDING TO THE CURRENT BOUNDARY PLAT AND LEGAL DESCRIPTIONS OR DIVISION OF THE NEW SURVEYED BOUNDARY LINES FOR THE INDIVIDUAL TRACTS. 

37.    AGENCY DISCLOSURE:   ALEXANDER AUCTIONS AND REAL ESTATE SALES AND ALL AGENTS WORKING AT THIS AUCTION ARE ACTING AS AN AGENT FOR THE SELLER.

38.    BIDDING:   NO ONE SHOULD MAKE A BID THAT HE/SHE DOES NOT WANT TO HONOR OR IS NOT FINANCIALLY ABLE TO HONOR. 

40.    DUE DILIGENCE:   ANY INFORMATION SUPPLIED IN THE TERMS AND CONDITIONS CONCERNING THE PROPERTY INFORMATION AND TAX AMOUNTS ARE SUPPLIED TO ACCOMMODATE THE PURCHASER(S).  IT IS THE PURCHASER’S SOLE RESPONSIBILITY TO COMPLETE THEIR OWN DUE DILIGENCE SURVEY, RESEARCH, INSPECTION, CHECKING AND BID ACCORDING TO THEIR DUE DILIGENT SURVEY AND RESEARCH.

41.    EASEMENTS:   PROPERTY SELLS SUBJECT TO EXISTING EASEMENTS AND SUBJECT TO ANY RECORDED EASEMENTS.

42.    RESTRICTIONS:   REAL ESTATE SELLS SUBJECT TO ANY AND ALL EXISTING MATTER OF RECORDS, EASEMENTS, CITY, COUNTY AND STATE, BUILDING, USE OR ZONING LAWS AND RESTRICTIONS.

43.    ENVIRONMENTAL ASSESSMENTS:  SELLERS HAVE NOT REQUESTED NOR HAD ANY ENVIRONMENTAL ASSESSMENTS RUN ON THIS PROPERTY. 

44.    ENVIRONMENTAL DISCLOSURE:  AUCTIONEER AND BROKER AND SELLERS ARE NOT EXPERT IN DETERMINING ENVIRONMENTAL HAZARDS AND HAZARDOUS MATERIAL.  BUYERS ACCEPT THESE IMPROVEMENTS AND LAND IN ITS PRESENT CONDITION.  BUYER AGREES TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES, THE BROKER, AUCTIONEER AND THE SELLERS FROM ANY ENVIRONMENTAL HAZARDS AND FROM ANY CLAIMS IN CONNECTION WITH ENVIRONMENTAL HAZARDS.

45.    SOIL EVALUATION:   THE OWNERS, SELLERS AND SALES MANAGEMENT HAVE NOT HAD OR REQUESTED ANY PERK TEST OR SOIL CLASSIFICATION INSPECTIONS TO BE COMPLETED BY THE GROUND WATER PROTECTION AGENCY OR ANY SOIL SCIENTIST TO DETERMINE THE APPROVAL OR REQUIREMENTS FOR SEPTIC TANKS OR SEPTIC LINES FOR ANY OF THE TRACTS.  

46.    GROUND WATER PROTECTION AUTHORITY:   PURCHASER(S) SHALL BE RESPONSIBLE FOR CONTACTING THE HENDERSON COUNTY GROUND WATER PROTECTION AGENCY AND/OR AN APPROVED TENNESSEE SOIL SCIENTIST TO OBTAIN A SOIL ANALYSIS AND APPROVAL FOR A SEPTIC SYSTEM.   ALEXANDER AUCTIONS AND THE SELLERS MAKE NO WARRANTY OR GUARANTY AS TO SOIL TYPES AND SOIL APPROVAL FOR A SEPTIC/SEWAGE SYSTEM.

48.    RESIDENCE ON TRACT 2 IS CONNECTED TO TRACT 1’S WATER SOURCE.  SELLER HAS PAID FOR A WATER TAP FOR TRACT 2.  BUYER WILL BE RESPONSIBLE FOR CONNECTING THE RESIDENCE TO THIS TAP PROVIDED TRACT 1 AND TRACT 2 SELL SEPARATELY.

49.    “AS IS”:  PROPERTY AND IMPROVEMENTS ARE BEING SOLD IN THEIR PRESENT CONDITION “AS IS”.  NO IMPROVEMENTS WILL BE MADE.  THERE ARE NO WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED AS TO CONDITION OR FITNESS FOR USE.  THE WARRANTIES OF HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND PARTICULAR USE ARE EXPRESSLY EXCLUDED.

55.    TIME INCREASE OR DECREASE:   ALEXANDER AUCTIONS MAY INCREASE OR DECREASE THE EXTENDED BIDDING TIME AMOUNT AT ANY TIME DURING THE AUCTION UNTIL THE CLOSE OF BIDDING.

57.    THE AUCTIONEER HAS THE SOLE DISCRETION TO ADVANCE THE BIDDING AND MAY REJECT ANY AND ALL BIDS WHICH IN THE AUCTIONEER’S DISCRETION, DO NOT ADVANCE AND/OR ARE INJURIOUS TO THE AUCTION INCLUDING   BUT NOT LIMITED TO NOMINAL SUSPICIOUS AND/OR SUSPECT ADVANCE.

59.    PLATFORM TYPE 1 - EXTENDED BIDDING FEATURE:  ALEXANDER’S AUCTIONS ARE TIMED EVENTS AND BIDDING WILL CLOSE AT A SPECIFIC TIME.   ALEXANDER AUCTIONS HAVE AN AUTO-EXTEND FEATURE. WHEN ANY BID IS PLACED IN THE FINAL FIVE MINUTES OF THE AUCTION ON ANY ITEM, THE AUCTION ENDING TIME WILL BE AUTOMATICALLY EXTENDED FIVE (5) MINUTES FROM THE CLOSING TIME.  EXAMPLE:   IF AN AUCTION SCHEDULED TO CLOSE AT 12:00 NOON RECEIVES A BID AT 11:56 THE CLOSE TIME WILL AUTOMATICALLY EXTEND TO 12:05.  THE AUTO-EXTEND FEATURE REMAINS ACTIVE UNTIL NO FURTHER BIDS ARE RECEIVED WITHIN A FIVE (5) MINUTE TIME FRAME ON THE REAL ESTATE OR A PERSONAL PROPERTY LOT.

60.    PLATFORM TYPE 2 – EXTEND ALL DYNAMIC BIDDING:  REAL ESTATE AND PERSONAL PROPERTY ARE ENTERED IN THE AUCTION IN GROUPS.   EACH TIME A BID IS PLACED ON A LOT IN A GROUP IN THE FINAL FIVE (5) MINUTES, BIDDING TIME FOR ALL LOTS IN THE GROUP WILL EXTEND 5 MINUTES. ALL LOTS WILL REMAIN OPEN FOR BIDDING UNTIL NO BIDS ARE PLACED IN THE LAST 5 MINUTES. ALL LOTS IN THE GROUP WILL CLOSE AT THE SAME TIME

61.    BID CLOSING:  IN AN EXTEND ALL DYNAMIC BIDDING AUCTION, ALL TRACTS AND LOTS WILL CLOSE AT THE SAME TIME.

62.    REFRESH BIDDING:   REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE BIDDING OR ENABLE THE “AUTO-REFRESH” FEATURE.

63.    SERVER & SOFTWARE TECHNICAL ISSUES:  IN THE EVENT THERE ARE TECHNICAL DIFFICULTIES RELATED TO THE SERVER, SOFTWARE OR ANY OTHER ONLINE AUCTION RELATED TECHNOLOGY, ALEXANDER AUCTIONS RESERVES THE RIGHT TO EXTEND BIDDING, CONTINUE THE BIDDING, CLOSE THE BIDDING OR INCREASE OR DECREASE THE EXTENDED AMOUNT OF TIME AT THE END OF THE AUCTION.  NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR ALEXANDER AUCTIONS WILL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. 

64.    BIDDING INCREMENTS:  ALEXANDER AUCTIONS MAY HAVE DIFFERENT BIDDING INCREMENTS.  THE BIDDING SOFTWARE WILL CALCULATE THE NEXT BID AMOUNT BEFORE YOU SUBMIT THE BID.   ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BIDDING INCREMENTS AT ANY TIME.

65.    IF THE BIDDING INCREMENTS ARE NOT MET ON TRACTS OR LOTS, YOUR BID WILL NOT BE ACCEPTED.

66.    AGENCY:   ALEXANDER AUCTIONS AGENTS AND REPRESENTATIVES ARE AGENTS FOR THE SELLER.  BUYER AND OR BIDDER AGREES TO HOLD HARMLESS AND INDEMNIFY ALEXANDER AUCTIONS AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DAMAGES OR SUITS INCLUDING BUT NOT LIMITED TO AWARDS, JUDGMENTS, COSTS, FEES, ETC.

67.    AUCTIONEER:  THE AUCTIONEER, WHEN ACTING AS A AGENT, IS NOT RESPONSIBLE FOR ACTS OF ITS PRINCIPALS.

68.    BACK-UP BIDS:  IF YOU ARE NOT THE SUCCESSFUL BIDDER ON THE REAL ESTATE OR A PERSONAL PROPERTY LOT AND WISH TO MAKE A BACK-UP BID IN CASE OF DEFAULT BY THE HIGH BIDDER, PLEASE CONTACT ALEXANDER AUCTIONS TO RECEIVE A BACK-UP BIDDER FORM.  EMAIL NOTIFICATION MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY THE AUCTION COMPANY.

69.    OFF-SITE BIDDING:  BIDDERS WHO BID OFF-SITE AND DO NOT MAKE AN INSPECTION UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY NOT BE ABLE TO INSPECT THE PROPERTY AS WELL AS IF THEY EXAMINED IT IN PERSON.  IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR.

70.    BIDDING APPROVAL:  ALEXANDER AUCTIONS RESERVES THE RIGHT TO REMOVE OR CANCEL THE BIDS AND OR BIDDING RIGHTS AND PRIVILEGES OF ANY PARTY AT ANY TIME DEEMED NOT TO BE IN THE BEST INTEREST OF THE SELLER.  THE IDENTITY OF ALL BIDDERS WILL BE VERIFIED, BIDDING RIGHTS ARE PROVISIONAL AND IF COMPLETE VERIFICATION IS NOT POSSIBLE, ALEXANDER AUCTIONS WILL REJECT THE REGISTRATION, AND BIDDING ACTIVITY WILL BE TERMINATED.

71.    AUCTION CANCELLATION – BID REJECTION:   ALEXANDER AUCTIONS RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS FOR ANY REASON.  ALEXANDER AUCTIONS 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, IN THE EVENT OF AN INTERNET FAILURE OR IF THE BIDDING PLATFORM FAILS OR CRASHES.

72.    ACCEPTANCE OF BID PRICES:   THE AUCTIONEER SHALL MAKE THE SOLE AND FINAL DECISION AS TO THE WINNING HIGH BID AMOUNT.   ACCEPTANCE BY THE ONLINE BIDDING PLATFORM DOES NOT NECESSARILY CONSTITUTE AN ACCEPTED BID BY THE AUCTIONEER.   SUCCESSFUL BIDDER AND OR BUYER(S) WILL BE REQUIRED TO ENTER INTO A PURCHASE AGREEMENT CONTRACT IMMEDIATELY FOLLOWING THE CLOSE OF THE AUCTION.  ALEXANDER AUCTIONS WILL EMAIL DOCUMENTS TO BE EXECUTED AND FAX OR EMAIL BACK TO ALEXANDER AUCTIONS WITHIN 24 HOURS OF THE END OF THE AUCTION.   SUCCESSFUL BIDDER AND OR BUYER(S) NOT EXECUTING AND RETURNING CONTRACTS WITH EARNEST MONEY DEPOSIT WITHIN 24 HOURS WILL BE CONSIDERED IN DEFAULT.  ALEXANDER AUCTIONS RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER OR ANOTHER BIDDER AND OR BUYER IF THE WINNING BIDDER AND OR BUYER IS IN DEFAULT OF THESE TERMS.  WINNING BIDDER AND OR BUYER MUST EXECUTE THE CONTRACT WITH NO CHANGES, MODIFICATION, ADDITIONS OR DELETION.

73.    ALEXANDER AUCTIONS INVOLVEMENT IN THIS CONTRACT:  BOTH THE SELLER AND BUYER HEREBY AGREE THAT ALEXANDER AUCTIONS & REAL ESTATE SALES IS THE PROCURING CAUSE OF THE SALE CONTRACT AND SHALL RECEIVE COMPENSATION AS STATED IN THE AGREEMENT HERETO OR AS STATED IN THE LISTING AGREEMENT HEREBY MADE A PART OF.

74.    NO WARRANTY:  PREREQUISITE TO BIDDING IS THAT THE REAL ESTATE AND PERSONAL PROPERTY IS PURCHASED ABSOLUTELY “AS IS” WITH NO WARRANTY WHATSOEVER AS TO THE CONDITION OF THE SAME.

75.    CLOSING REQUIREMENTS:   PURCHASERS SHOULD CONTACT THEIR ATTORNEY OR TITLE COMPANY TO COMPLETE THEIR TITLE OPINION IMMEDIATELY.   CONTRACT DOES NOT PROVIDE FOR AN EXTENSION DUE TO AN ATTORNEY OR TITLE COMPANY FAILING TO COMPLETE TITLE WORK OR YOUR LOAN CLOSING NOT BEING SET UP TO CLOSE ON OR BEFORE DECEMBER 3^RD, 2025.

76.    RISK OF LOSS:  ANY RISK OF LOSS TO THE PROPERTY SHALL BE BORNE BY SELLER UNTIL DEED HAS BEEN CONVEYED TO THE PURCHASER.

77.    TERMINOLOGY:  AS THE CONTEXT MAY REQUIRE IN THESE TERMS (1) THE SINGULAR SHALL MEAN THE PLURAL AND VICE VERSA; (2) ALL PRONOUNS SHALL MEAN AND INCLUDE THE PERSON, ENTITY, FIRM OR CORPORATION TO WHICH THEY RELATE.

78.    ADDITIONAL AUCTION INFORMATION:  ALL INFORMATION PUBLISHED, ANNOUNCED OR CONTAINED HEREIN WAS DERIVED FROM SOURCES BELIEVED TO BE CORRECT; HOWEVER, IT IS NOT GUARANTEED BY THE SELLER OR THE AUCTIONEER.  PERSONAL ON-SITE INSPECTION OF ALL PROPERTY IS 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 DEPOSIT MONEY AFTER ITS OPENING TENDER.  THIS INCLUDES BUT IS NOT LIMITED TO PUBLIC INFORMATION SUCH AS EASEMENTS, RESTRICTIONS, ZONING, RIGHTS-OF-WAY, OR ANY OTHER INFORMATION THAT CAN BE OBTAINED AS PUBLIC RECORD IN THE APPROPRIATE COUNTY COURTHOUSE CONCERNING SUBJECT PROPERTIES.

79.    INTERNET BIDDING:  INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION ENDS.  EMAIL NOTIFICATIONS MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY ALEXANDER AUCTIONS.

80.    IF YOU HAVE ANY PROBLEMS WITH THE WEBSITE, CALL MARKNET CUSTOMER SERVICE AT 1-888-307-6545 AND/OR ALEXANDER AUCTIONS AT (731) 587-4244.

81.    LIABILITY WAIVER AND RELEASE: BY AGREEING TO THESE TERMS AND BIDDING ON THIS AUCTION, YOU VOLUNTARILY RELEASE, INDEMNIFY, DEFEND AND HOLD ALEXANDER AUCTIONS & REAL ESTATE SALES AND SELLER, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES (EACH A “RELEASED PARTY”) FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, CAUSES OF ACTION OR EXPENSE OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM A RELEASED PARTY’S NEGLIGENT ACT OR OMISSION, ARISING OUT OF MY PARTICIPATION IN AND PRESENCE WHETHER RELATED TO BODILY INJURY, INFECTION DUE TO COVID-19 VIRUS, PROPERTY DAMAGE, OR ANY OTHER FORM OF INJURY OR LOSS IN REGARD TO INSPECTION DAYS AND PAYMENT AND REMOVAL DAYS OF MY PHYSICAL ITEMS PURCHASED AT THE DYERSBURG ELEVATOR COMPANY AUCTION.

82.    AUCTION NOTIFICATION:  PROPERTY IS BEING SOLD SUBJECT TO THESE TERMS AND CONDITIONS AND EXHIBITS AND ATTACHMENTS WHICH WILL BE ATTACHED TO THE PURCHASE AND SALE AGREEMENT (CONTRACT) FOR FUTURE REFERENCE.

83.    REVIEW THE PERSONAL PROPERTY TERMS AND THE REMOVAL OF PERSONAL PROPERTY TERMS FOR ANY PERSONAL PROPERTY IN THE AUCTION. 

84.    PLEASE DO NOT WIRE FUNDS WITHOUT VERBALLY VERIFYING THE WIRING INSTRUCTIONS AND CASH TO CLOSE AMOUNT PRIOR WITH SOMEONE FROM OUR OFFICE. REMEMBER: INQUIRE BEFORE YOU WIRE. WARNING – FRAUDULENT FUNDING INSTRUCTIONS: EMAIL HACKING AND FRAUD ARE ON THE RISE TO FRAUDULENTLY MISDIRECT FUNDS. PLEASE CALL OUR OFFICE IMMEDIATELY USING CONTACT INFORMATION FOUND FROM AN INDEPENDENT SOURCE, SUCH AS THE SALES CONTRACT, INVOICE OR INTERNET TO VERIFY ANY FUNDING INSTRUCTIONS RECEIVED. WE ARE NOT RESPONSIBLE FOR ANY WIRES SENT BY YOU TO AN INCORRECT BANK ACCOUNT.

85.    ACCEPTANCE:   ALL BIDDERS AGREE AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BID ACCORDING TO THESE TERMS BY REGISTERING FOR A BID NUMBER.