Estate of Cheryl Lynn Barra

Terms

REDLAND REALTY and AUCTION, LLC. | TERMS & CONDITIONS OF AUCTION

Auction Terms and Conditions

Buyer Premium 20%

Sales Tax 7% and is applied to the total sum of the invoice plus the buyer premium as applicable.

To be eligible to bid the bidder must agree to the terms and conditions set forth by Redland Realty and Auction, LLC.

PAYMENTS: The credit card used at registration will be charged at the end of the auction. If you require shipping, please let us know. Payments must be made immediately upon receiving an invoice and no later than 4:00PM the day following the auction. All payments are to be made in US Dollars and only in form of Credit Card, Cash, Zelle, Certified Funds or Wire Transfer.

BIDDER/BUYER AGREES TO

1. HOLD HARMLESS: Bidder/Buyer (s) agree to fully indemnify, defend and hold harmless Redland Realty and Auction LLC, affiliates, staff, employees, contractors, agents, licensees, managers, and directors from any and all lawsuits, claims, demands, liability, cause of action, loss, injury, fines, penalties, costs, damages of any kind whatsoever, and/or expenses, including but not limited to attorneys' fees and court fees, arising from or related to the Terms & Conditions as outlined herein.

2. AUCTION REGISTRATION: Bidder/Buyer must register on a third-party auction platform and provide current and accurate information including, but not limited to, full name, current email address, telephone number, and mailing address. Must be 18+ years of age and account validation is required to be eligible to bid. Redland Realty and Auction LLC will not, under any circumstances, share your personal information with other individuals, organizations, or any other third-party companies.

3. TAX EXEMPTION: Bidder/Buyer must provide a Valid Tax-Exempt Certificate or Re-Sale Certificate, if applicable, via email to info@auctionrec.com (bidder number must be referenced in the email). If an Exemption Certificate is not provided Tax will be collected, without exception.

4. BUYER PREMIUM: A Buyer's Premium (BP) of 20% will be added to the hammer price of each lot, along with applicable sales tax, at checkout in accordance with the Florida Tax code. ***see below for details on currency and silver taxation.

5. PAYMENTS: To be made in US Dollars and only in form of Credit Card, Cash, Zelle, or Wire Transfer. Redland Realty and Auction reserves the right to reject any other form of payment. Processing times will vary up to 24 hours following invoicing. Information to complete an IRS 8300 form will be required to report payments of $10,000 or greater (made in cash or cash equivalent) as determined by the IRS. For cash payments: we ask that buyers please bring the exact cash amount. Staff may not have change to provide buyer. For Zelle payments: please use the following primary account email address to initiate a payment: info@auctionrec.com (Redland Realty and Auction). For wire transfers please contact our office for wire instructions.

6. INSPECTION PERIOD: A pre-determined inspection/preview period, determined and announced by Redland Realty and Auction, LLC., and available by appointment only. Should you doubt the authenticity of an item(s) after inspection, we recommend that you arrange to have a professional assess the item(s)(s) or refrain from bidding altogether. Note that failure to inspect item(s)(s) during the inspection/preview period, shall not constitute grounds for bid withdrawal, exchanges, or sale cancellation.

7. AS IS, WHERE IS: All item(s) being sold "as is, where is" with all faults, quality, sell ability, or other. The owner (or his agents/officers) or the auctioneer (or his agents /officer's) verbal and written descriptions of any item(s) are only opinions and should not be interpreted as a guarantee of the item(s) authenticity, age, condition, materials, or other characteristics. It is believed that the descriptions and illustrations of the item(s) that appear in the advertising prior to this auction are accurate. However, neither those descriptions, inventories, counts, images nor any oral or written statements made by the owner (or his agents or officers) or the Auctioneer (or his agents or officers) concerning any item(s) shall be construed as a guarantee or warranty, either expressed or implied.

8. CONDITION OF ITEMS: Buyer/Bidder is the sole judge of value, condition, age, authenticity, imperfections, malfunctions, or other determining factors. While multiple item(s) may be shown together for demonstration purposes, the bidder should not assume that a lot will consist of more than one item(s) simply because multiple item(s) are combined or shown in the same photograph. Redland Realty and Auction LLC assumes no responsibility for errors or omissions in the description. When in doubt, ask before entering a bid. All sales are free and clear of any liens or encumbrances unless otherwise stated.

9. ITEM VALUE: The auctioneer reserves the right to reject any bid not commensurate with the value of the offered item(s). Written and verbal estimates made by Redland Realty and Auction, LLC., the Auctioneer, or staff are not a prediction of the actual selling price, but simply an opinion of value.

10. SIMULCAST BIDDING: Submit and confirm all bids online using the online bidding platform and consent to being held liable for any bid using their account, even when placed in error. Redland Realty and Auction LLC has no obligation to undo a user's bidding error, nor will it be held liable for a third-party auction platform's failure to accurately submit/record/register a bid. A bid is a legal and binding contract. Accept bids from other bidding platforms. Bidding by telephone, email, or remote bidding is offered as a convenience only and is subject to availability and approval. These options will be offered at Redland Realty and Auction LLC's sole discretion.

11. TIMES THE MONEY: A lot being offered "times the money" is a lot that uses a multiplier. In such cases, the bid amount entered will be multiplied by the number of item(s) in the lot and will include a buyer's premium and tax, as applicable (e.g., a LOT with ten (10) items will be sold at 10 "times" the bid amount. A winning bid for $5.00 "money", the extended purchase price will be 10 X $5.00, or $50.00, plus the buyer's premium and applicable tax).

12. WINNING BIDDER/BUYER DISPUTES: Bidder/Buyer assume full responsibility for all item(s) related to the fall of the hammer. Bidder disputes or doubts as to the validity of bids will be decided by the Auctioneer. Furthermore, it will be at the Auctioneer's sole discretion whether to resell the article in dispute at a later time, date, or place. Disputes after the closing of the auctions will be settled using Redland Realty and Auction LLC's conclusive sales records. After which the Auctioneer's ruling will be final.

13. BUYER INVOICES: Pay invoice(s) upon receipt. Emails will be sent, invoice(s) attached, within 24 hours of the close of auction. Payments must be made using one of the payment options listed in the email (e.g., Zelle, Cash, Wire Transfer, or Certified Funds). Questions about invoices should be sent via info@auctionrec.com. Note that all sales are final! No returns, refunds, exchanges, or chargebacks. NO EXCEPTIONS! Buyers may be charged a $25.00 late fee for payments received after the specified due date.

14. PICK UP REMOVAL and CHECKOUT: Bidder/Buyer (s) assume responsibility for the pick-up of item(s) by the allotted date and time. A valid photo ID must be provided on site when picking up item(s). Ensure that you have picked up or have been given all item(s) and that all are in the represented condition before leaving the site. Once you leave the premises, you forfeit the right to remediation. Ensure that you bring your own packing supplies, equipment/tools, as well as sufficient labor/laborers, to safely package, move, and/or load heavy item(s). Redland Realty and Auction LLC staff are not authorized to carry or load your purchased item(s). Failure to pick-up item(s) by the allotted date and time will result in a charge for the winning bid amount, plus the buyer's premium and tax, as applicable, and an additional $50.00 "handling and removal" fee, to the credit card on file with the third-party auction platform. Item(s) are also subject to a $20.00 a day storage fee. Items not collected within seven (7) business days will be forfeited by the buyer, will become property of Redland Realty and Auction LLC, and will be subject to resale.

15. OWNERSHIP: Ownership/Title to an offered lot being passed to the highest bidder acknowledged by the auctioneer upon the fall of the hammer/lots closing. At this point, the buyer accepts full risk and responsibility for the lot and agrees to pay the winning bid amount plus any additional applicable fees, whether placed online, in person, by mail, by phone, or through an employee or agent. Deposit(s) made by the buyer of outstanding invoice(s) will not be reimbursed. It is not permitted for a bidder to rescind or amend their bid once an item has been sold, whether or not the lot has been fully paid for. The auctioneer retains the right, in his sole discretion, to reject any bid at any moment.

16. TITLED MOTOR VEHICLES: Buyer/Bidder is responsible for the title of the vehicle into their own name. Paying all applicable registration fees and sales tax directly to the Department of Motor Vehicles (DMV) within 30 days of the date the invoice was submitted to the buyer. Per Florida Sales Tax code the "buyer's premium" is subject to tax. Prior to the removal the buyer may be given a motor vehicle title. On some occasions there may be delays as to when the title is given to the buyer. However, Redland Realty and Auction, LLC shall not in any way be liable for any losses, damages, attorney's fees, costs of any sort, interest, punitive damages, or any other damages should a delay in acquiring the title arise. For any title delays caused by any circumstance, Redland Realty and Auction, LLC shall not be liable to the buyer or any subsequent buyers.

17. PICKUP: Buyer/Bidder must contact shipping company directly and pay all related shipping, handling, and insuring costs before item(s) are packed and shipped. Moving and shipping companies contracted by buyers to pick up item(s) on buyer's behalf must provide a copy of the PAID INVOICE to the Redland Realty and Auction, LLC.'s representative on site. Note that buyer/bidder (s) assume the liability, expense, and risk associated with the removal/pick-up of item(s) by third parties and that Redland Realty and Auction, LLC.'s staff will not be held responsible for the replacement of lost, stolen, missing, or exchanged item(s), equipment, or parts. As such, the buyer must contact the shipping and/or moving company to file a claim for damaged or lost item(s). In addition, buyer, buyer's agent, including movers, carriers, and/or riggers, hereby indemnify and hold harmless Redland Realty and Auction, LLC. and the seller against any and all damages, claims, or liabilities arising from personal injury or property damage of any kind incurred in the sale or removal of purchased item(s). Nor shall Redland Realty and Auction LLC be held liable for the non-delivery, or any additional fees whatsoever associated with the item(s), after the close of auction.

18. SHILL BIDDING: Practices that eliminate competition, such as collusive bidding, (fictitious bidding during the auction for the purpose of misleading or stimulating other persons who are bidding in good faith) may warrant criminal, civil, or administrative action against the participant(s). Shill bidding may also be considered a form of wire fraud, which is a federal offense under 18 U.S. Code Section 1343. Maximum penalties for the crime of wire fraud can include two decades imprisonment.

19. CLAIMS: A buyer's claim is only valid for the amount they paid for the goods; it does not include any additional obligations, risks, liabilities, rights, claims, or remedies for lost use, revenue, or profit, or for personal injury or other direct, indirect, incidental, or consequential damages. The purchaser also understands that each item they purchase at the sale constitutes a separate transaction and that no one transaction shall be dependent upon another. The purchaser hereby releases Redland Realty and Auction, LLC. from any liability resulting from: (a.) the acts or omission of any party who provided any items to Redland Realty and Auction, LLC. for sale, (b.) the acts or omission of the owner or seller of the auction site or the site where the auctioned items are stored, (c.) any claims buyer may have against Redland Realty and Auction, LLC. Auctioneer's client(s) or any former owner of the property being sold, (d.) buyer's failure in any way to thoroughly inspect items and/or fulfill its obligations per the terms and conditions of the sale.

20. BIDDER STANDING: To bid, a bidder must satisfy the auctioneer's requirements. Any bidder who, at any time before, during, or even after the end of the auction, is not in good standing with Redland Realty and Auction, LLC, will be disqualified and will not be awarded lots, at Redland Realty and Auction's sole discretion. Any person may be denied registration for this auction and/or upcoming auctions by Redland Realty and Auction, LLC.

21. BID CONTRACT: A bid constitutes a valid, binding contract. It is a pledge to pay for the items acquired. The bidder expressly acknowledges that he or she has read, understands, and agrees to be bound by the terms and conditions of sale by registering to participate in the auction.

22. UNPAID INVOICES: BUYERS WHO DO NOT PAY THEIR INVOICE WITHIN THE ALLOWED TIME ARE SUBJECT TO THE FOLLOWING. The seller may retain and/or recover the deposit as part of its damages in the event that the buyer fails to pay in full within the period specified by the auctioneer and/or violates any of the conditions or terms of sale. In addition, unpaid items may be sold at a public or private sale without further notice. The defaulting purchaser is responsible for paying the auctioneer any shortfall from the resale as well as all charges, fees, and expenditures related to the resale and enforcement of the contract, including reasonable attorney fees. Bidding privileges will be suspended for unpaid invoices that are reported to the third-party auction platform. THIS IS A ZERO TOLERANCE POLICY.

23. SHIPPING: Redland Realty and Auction, LLC. May make shipping available for small items. Any item deemed small enough to be shipped VIA US Mail, Priority Shipping and/or UPS. Redland Realty and Auction makes available the services of The UPS Store which will pack and ship all packages, the cost of which will be charged to the buyer. Redland Realty and Auction will not be held liable for any damage incurred in connection with shipping. Shipping will be calculated after the items are measured and weighed. A third-party company will be in charge of collecting shipping cost. Redland Realty and Auction, LLC. reserves the right to charge a handling charge and any other fee associated with shipping.

REDLAND REALTY and AUCTION, LLC. RESERVES THE RIGHT TO

1. Add, group, remove or relist item(s) in this auction, adjust minimum bids, starting bids and/or reserve prices and extend or shorten closing times.

2. Withdraw item(s) listed in the catalogue/brochure before, during or after the auction without liability, as well as the right to cancel any sale at any time for any reason.

3. Continue, suspend, delay, extend, reschedule, close, re-set, or re-start the auction in response to technology disruptions, but it is not required to do so. Neither Redland Realty and Auction LLC, nor the Auctioneer, will be held liable for technology disruptions whether caused by loss of connectivity, failure of the third-party auction platform, errors in programming or set-up of the online auction, failure of a bidder's internet connection, computer, or system, or otherwise, even after bidding has commenced.

Under no circumstances will any items be removed prior to the conclusion of the sale or prior to being paid in full.