550 Laurel Crown Rd

Terms

Terms and Conditions
Mike Winton Realty & Auction, LLC
Preview Date TBD Call broker for appointment
All announcements day of sale will take precedence over any printed and or verbal communications
This will be a Live and Simulcast Auction day of sale in conjunction with Mike Winton realty & Auction and Weichert Realtors Joe Orr and Associates

ONLINE AUCTION TERMS AND CONDITIONS VERY IMPORTANT! READ CAREFULLY BEFORE YOU ATTEMPT TO BID. ONCE YOU BID, YOU WILL BE BOUND LEGALLY BY THE FOLLOWING TERMS AND RULES THAT ARE STATED HERE. BY REGISTERING FOR OUR AUCTIONS, IT’S CONSIDERED AS A CONTRACT AND THE FOLLOWING TERMS APPLY. TERMS AND CONDITIONS CAN CHANGE DEPENDING ON THE CIRCUMSTANCES OF EACH SALE. IT IS VERY IMPORTANT TO REVIEW THE TERMS BEFORE PARTICIPATING IN ANY AUCTION!

* A BUYERS PREMIUM OF 10% WILL BE ADDED TO THE FINAL BID PRICE 
* IF YOU PAY WITH A CREDIT CARD YOU WILL BE CHARGED AN ADDITIONAL 3.5

 Many of our On-Site Auction Locations are transferring to new owners the next day so pick-up times are STRONGLY ENFORCED! Any items not removed in the time frame listed, or load out times will be subject to a minimum charge of $25 per lot fee for moving cost. Large items, and furniture will be subject to a minimum $50 per lot fee. Any items leftover from any of these auctions that have not been picked within 24 hours will be considered abandon and you will forfeit those items and you will not receive a refund. Any items not paid for or picked up during the scheduled pick-up times can result in your bidding privileges being revoked. Our staff will be onsite to aid in the loadout process, but will not be able to load personally. We will remove items from the location and bring them to the curb for you. You are responsible for loading items into your vehicle. Mike Winton Realty & Auction, LLC is not responsible for the loading items for safe travel. The following fees WILL be charged to the credit card on file when necessary: * A $10 Credit Card Reprocessing Fee For Any Denied Credit Cards. *The purchaser will be charged a $25.00 non-removal fee for any lot or partial lot left behind, as well as all disposal costs. *The buyer will be charged $50/hour if you require our staff to stay past the designated ending time. *Repeated tardiness and or failure to remove items can result in revocation of bidding privileges on ALL of our bidding platforms.

Auction Closing Times and Technical Difficulties: Our Online Auction closings are set with a delay between lot closings. This is to help you with bidding on multiple items in the same auction. Our auctions are NOT set to close all lots at one time. In the event of any website malfunctions, or technical difficulties, the bidding for the entire auction will be reopened, and set to a later closing time. This does not include difficulties with you as the buyer’s internet or bidding equipment. In the event of any technical difficulties, you as the buyer hold Mike Winton Realty & Auction, LLC harmless for any damages, or cost incurred. *BUYERS PREMIUM: A Buyers premium will be charged on each purchase. A buyer’s premium when announced as a choice of the seller, is an advertised percentage of the high bid or flat fee added to the high bid and become part of the purchase amount at settlement. Buyer agrees to these provisions and will pay the 15% applicable buyer’s premium for this auction. ALL OF OUR ONLINE AUCTION’S FEATURE BOTH A MAX BID OPTION AS WELL AS A SOFT CLOSE. Helpful Terminology "STAGGERED ENDING" Lots will begin closing at the designated time at a set rate. Please watch the countdown timer on each lot. Please refer to the “Auction Closing and Technical Difficulties” section. “A MAX BID” may be placed on any item and the computer will bid on your behalf, thus eliminating the need to “babysit” your bids. This option is highly recommended, so you do not miss out on the item you are bidding on for any reason. This option is available by entering bid amount into the “Place Bid!” Box “Force Bid” button option. This option will put the bid up to the amount you enter. The purpose of this button is for the bidder that wants to “scare off other bidder” “THE SOFT CLOSE” feature which means any bid received in the final minutes of the auction will auto extend bidding on that particular item or lot by 1 minute thus allowing a backup bidder the opportunity to raise their bid. In the event you do not use the MAX BID feature and you are out bid you will be notified via e-mail or text that you have been outbid and will have the

opportunity to raise your bid. Sales Tax: Sales tax will be charged and collected on all purchases, when and as required by appropriate state/local laws. If you are sales tax exempt, you will need to provide to us the correct form. This must be on file at our office prior to the beginning of auction or fax to 931-680-2032, THIS INCLUDES COINS on consignment. In the event that you enter a tax number and we do not have the form on file you will be required to pay the sales tax before you pick up your purchases. Payment: Buyer specifically waves the right to dispute or deny payment for any purchases made with a credit card. The credit card on file will be charged for your total purchases including any buyer’s premium or stated additional fees after the auction closes. All denied transactions due to expiration date, non-sufficient funds, and or other reasons shall be subject to a $10 re-processing fee. You can update your credit card under "PROFILE" on the website dashboard. Credit card charge-backs are not allowed. You as the buyer are responsible for keeping your credit card on file and up to date. A paid invoice will be sent to your registered e-mail address within 12 hours following the conclusion of the auction. If you do not receive an invoice, please check the dashboard under "PROFILE"-"INVOICES" Large ticket purchases over $1,000.00 or titled vehicles, MUST be settled for with CASH, wire transfer or previous arrangements made with the Auction Company. No item will be released or transferred until payment has posted to our account. Bid Retractions: Mike Winton Realty & Auction, LLC does not allow any bid retractions of any kind. In the event you as a bidder enter the wrong max bid amount, we will be able to adjust your max bid to the current high bid online. You as the buyer will remain the current high bidder. This is at the discretion of Mike Winton Realty & Auction, LLC ONLY and will only be considered if the actual bid placed was determined (by Mike Winton Realty & Auction, LLC) to be in error. Basic Auction Terms & Conditions Mike Winton Realty & Auction, LLC retains the right to govern goods and services sold to clients and to maintain the level and integrity of our business. Mike Winton Realty & Auction, LLC has the right to terminate the auction at any time; withdrawal from sale of any item; to sell at this auction items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk. No Liability: a) Mike Winton Realty & Auction, LLC assumes no liability for your purchases. The buyer assumes and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to fitness or use of the asset being purchased. b) Persons attending during exhibition,

sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. Any debt collection or dispute proceedings will be required to be litigated, arbitrated, or mediated in Coffee County.Tennessee.

 Consignors & Bidders: a) All consignors must fill out a contract with Mike Winton Realty & Auction, LLC, sign forms and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) No consignor, seller, or agent for seller has the right to bid on their consigned goods. d) Any employee of Mike Winton Realty & Auction, LLC may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items. Loss of Bidding Privileges: a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges can be revoked. Your privileges may be restored by paying for the item or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged. You will only be given this chance one time. Repeated tardiness, or nonpayment can result in permanent denied bidding privileges.

Delinquent Accounts: a) The bidder that has not paid for or has not removed their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence. Any unpaid invoices must be paid within 24 hours of the auction closing. After the 24 hour period your bidding privileges can be revoked permanently. Reserves: a) Any and all items that Mike Winton Realty & Auction, LLC agrees to sell are subject to a reserve as per Tennessee State Auction Law. Documents: a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Leins, and UCC's when purchasing vehicles, firearms, etc. b) All gun buyers will be required to follow explicit instructions described at sale and  fill out a 4473 form and pass a background check conducted by the assigned FFL. Out of state buyers will be required to have any and all guns shipped to an FFL (Federal Firearms License) Dealer. Compliance with the Terms of Sale: a) In default of payment of bills in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. b) Mike Winton Realty & Auction, LLC is in complete accordance with Tennessee statutes and Tennessee Administrative codes. Warranties: a) Everything is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final. Conditions of Items Sold: a) All information is believed to be accurate, but the auction company shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse. Mike Winton Realty & Auction, LLC requires any and all buyers to preview and make your own opinion of conditions. BIDDER REGISTRATION: Bidders must be 18 years of age or older, and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number-ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable. ONLINE BIDDING INFORMATION Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you in regard to bid confirmations and or outbid notifications.

a. Choice of Forum Clause: For all disputes that may arise due to the relationship between Auctioneer/Bidder/Buyer/Seller, such dispute shall first be resolved by mediation, not arbitration or litigation, with the Auctioneer being the party to select the mediator to be used. If state or federal litigation is pursued, Bidder/Buyer/Seller agrees that the forum for any litigation shall be in the county and state where Auctioneer’s corporate headquarters is located.

 b. In the event Bidder/Buyer/Seller is a member of an Indian tribe, as may be defined by any local, state or federal rule or regulation, Bidder/Buyer/Seller agrees to waive any sovereignty rights that may be applicable and agrees that any and all litigation shall occur in the state or federal court where Auctioneer’s corporate headquarters is located.

c. Attorney’s Fees: In the event Auctioneer has to pursue mediation and/or litigation to enforce the terms of a contract, Bidder/Buyer/Seller shall be responsible for Auctioneer’s attorney’s fees, court costs, mediation costs, and costs of collection.

d. Disputes: If any dispute arises concerning any part of the auction process, payment of items, quality, quantity of merchandise being sold or if an item has been paid for by a Buyer, and then the item is no longer available for Buyer to obtain, the Auctioneer has final say-so on resolving said dispute and Auctioneer may elect to refund to the Buyer their total funds used to purchase said item(s), including any Buyer’s Premium, as resolving the dispute. If the Auctioneer elects to refund Buyer their money, Buyer herein agrees that this will terminate all said Buyer's rights to any future claims against Auctioneer and/or the Seller concerning this matter.

e. Missing or Lost Items: Auctioneer and/or Seller are not liable for lost or stolen items purchased at the sale. However, a refund shall be given in the amount of the final bid price, plus Buyer’s Premium, if the personal property item is cataloged as a single lot item. If the personal property is in a grouped lot with multiple items, the Auctioneer will determine a commensurate amount based upon the missing item for refund to Buyer.

f. Seller’s Removal of Item(s): If Seller, or another party acting on Seller’s behalf or with Seller’s permission, removes item(s) from the auction prior to auction, Auctioneer has the right to charge Seller the applicable commission rate for said item(s) with the item(s)’ value to be based upon a price established by Auctioneer in Auctioneer’s sole discretion.

g. Firearms/Ammunition/Weapons: -The person picking up firearms must be the same as the person on the invoice, no exceptions. -All firearms purchased by out-of-state Buyers will be transferred and shipped to an FFL of the Buyer’s choice in their state at the Buyer’s expense. -Firearms and accessories, ammunition, and/or weapons (e.g. knives, swords, nunchakus, brass knuckles, throwing stars, etc.), will not be shipped to locations in violation of any applicable local, state or federal rules regarding firearms and accessories, ammunition, and weapons for that location. Buyer is solely responsible for knowing all applicable rules and regulations related to firearms and accessories, ammunition, and/or weapons as are applicable for their location. Buyer agrees to indemnify and hold Auctioneer and/or Seller harmless in the event Buyer is prosecuted for possessing such items purchased from Auctioneer and/or Seller. -Buyers who do not, or cannot, pass the required background check for firearms are still responsible for the payment of the item, plus Buyer’s premium and any other applicable fees. Any Buyer that is the winning bidder that cannot pass the background check forfeits ownership of that item and said item will be treated as if being abandoned. Do not bid on any item that you cannot pass a required background check on.

 h. Intellectual Property/Likeness: From time to time, the Auction Company will capture, create, and store certain digital property consisting of, but not limited to, audio, photograph(s), video(s), and/or testimonial(s) from persons that utilize our services in their role as a Seller, Bidder, and/or Buyer at events conducted by and related to the Auction Company. By attending such event and/or utilizing the services of the Auction Company, you hereby grant permission to Auction Company to use these digital files that contain your image, likeness, voice or statements, without compensation, credit or other consideration to you, for Auction Company’s promotional, publicity and other purposes, throughout the world and in perpetuity. You agree to release, hold harmless and indemnify Auction Company from any and all liabilities and claims involving the use of your image, likeness, voice or statements.-While we reserve the right to photograph and record our auction events, we strive to ensure that photography and videography are used in safe and positive ways. We will not knowingly and intentionally post any photo, video or other recording that would be embarrassing, objectionable or hurtful to any clearly, personally identifiable individual in the recording. -Additionally, if you see a photo or video on Auction Company’s website or social media page (e.g., Facebook) that includes you or your child and would like it removed, please contact us. Please note we cannot remove your image from video or live stream messages. Please understand that Auction Company has no control over the recording, use and posting of images or other media by non-Auction Company staff (e.g., by community members, news outlets) and no ability to remove such media from publications, including internet or social media sites, that are not run by Auction Company.

 i. Security Interest: Auctioneer and/or Seller retains a security interest in each and every item purchased from Seller by Buyer until such time as Buyer’s tender of funds has been confirmed and cleared by Auctioneer’s credit card processor or bank. In the event Buyer initiates a “charge back” on Buyer’s credit card for their purchase with Auction Company, Buyer agrees that Auctioneer and/or Seller’s security interest shall be reinstated in any item(s) purchased by Buyer and Buyer shall be responsible for any costs incurred in disputing Buyer’s charge back and pursuing any legal action of replevin of said item(s) including, but not limited to attorney’s fees, court costs, collection costs, repossession costs.

Thank You for participating in this auction.