311-313 7th Avenue Johnstown, PA 15906 Property offered AS-IS Guarantee of a marketable and insurable title at the time of settlement free and clear of liens. Selling regardless of price over $5,000 + Buyer’s Premium! WORKING IN COOPERATION WITH THE BOB COLVIN REMAX TEAM 8142627653 FOR SALE AT ONLINE AUCTION Bid now through Thursday, May 16 @ 7:00 PM Notice: Sales agreement and escrow deposit must be completed no later than 2PM the following day after the auction Location: 311-313 7th Avenue Johnstown, PA 15501 Open House: By appointment only SCHEDULE A PRIVATE SHOWING contact our office by clicking the button below. BUYERS CLICK HERE TO ASK A QUESTION OR SCHEDULE A PRIVATE SHOWING Contact: Dynamic Auction + Realty (814)444-7777 or TEXT (814)691-1601 Deposit only required if you are the winning bidder! Guaranteeing a marketable and insurable title free and clear of liens, or the option for your deposit money back! MORE DETAILS AND TERMS - KEEP SCROLLING Property Information: Municipality: City of Johnstown-16th Ward-86 School District: Greater Johnstown Area Area/County: Cambria County Approx. Gross Tax: $1,308.00 Contingency: NONE Total Acreage : 0.06 +/- Construction: Frame Roof Type: Shingle Split utilities Sewer: Public - Buyer, at Buyer’s expense, is responsible for municipal sewer compliance Water: Public Heating: Hot Water Fuel Type: Gas Lot Description: Rectangle Road Type: Paved, Public Street This frame multi-unit provides endless possibilities to rehab this property! Conveniently located to all amenities including all of Cambria City’s historic landmarks, transportation, shopping, restaurants, hospitals/medical facilities, and entertainment/recreational venues. FOR THE BUYER’S AGENT Brokers/Agents welcome. Buyer Broker commission is offered to licensed real estate agents, subject to Dynamic Auction Groups broker participation terms and conditions. Buyer broker commission is a fixed amount or percentage of the total winning high bid amount or earned commission/buyer’s premium, paid to any agent who's buyer successfully closes on the property in accordance with Dynamic Auction Groups terms and conditions. Click the button below for details on broker participation terms or to show the property. *** IF YOU ARE WORKNG WITH A BUYERS AGENT. YOU MUST HAVE YOUR AGENT FILL OUT THE BROKER PARTICIPATION FORM AND THEY MUST MAKE THE FIRST FORM OF CONTACT WITH US AND MUST ACCOMPANY YOU THROUGHOUT ANY SHOWINGS AND THE ENTIRE BIDDING PROCESS AND CLOSING IN ORDER FOR THEM TO QUALIFY TO GET PAID THE BROKER PARTICIPATION COMMISSION. SEE AGENT REGISTRATION BELOW. IF BUYER AND AGENT ACTS IN A WAY THAT IS NOT IN ACCORDANCE WITH THESE TERMS, AGENT RISKS NOT EARNING A COMMISSION OR EARNING A REDUCED COMMISSION. BUYERS AGENTS - CLICK HERE TO REGISTER YOU AND YOUR BUYER AND TO SCHEDULE A SHOWING THE TERMS AUCTION GENERAL TERMS: Property offered "AS-IS" with no contingencies, other than the guarantee of a marketable and insurable title at the time of settlement. Cash to Seller - (Obtaining financing for payment is an option to the buyer, however it is not contingent upon securing financing. There is NO mortgage/financing contingency) Buyers Premium (BP) Applies: 10% of the high bid amount OR $4,000 – whichever is greater – will be added to the high bid amount to achieve the total purchase price. This is how the final purchase price is calculated. Examples: (high bid amount, amount due at closing) $20,000+ $4,000 (buyers premium) = $24,000 (total purchase price). Or (high bid amount, amount due at closing) $50,000+ $5,000 (buyers premium) = $55,000 (total purchase price) Deposit: The Buyers Premium amount is due as the deposit at the time of signing - 10% of the high bid amount OR $4,000 – whichever is greater IRREVOCABLE DEPOSIT due at signing: The total remaining balance (including the full bid amount) is due at the time of settlement/closing. ALL BIDS ARE FINAL: By registering for the auction, submitting bid/s and/or ultimately the final winning bid you are entering into a legal and binding contract. If your bid is the final winning bid at the “fall of the hammer” and/or timed close of the online bidding it is considered a legal and binding contract in accordance with Pennsylvania State Auction Law. The winning bidder is subject to all terms and conditions of the auction. Furthermore the buyer is required as clearly stated to deliver the non-refundable deposit money to Dynamic Auction Group. If the buyer fails to abide by the terms and conditions they agreed to, deliver the deposit, and sign the real estate sales agreement, the buyer risks being prosecuted to the fullest extent of the law and furthermore all monies owed by the buyer to Dynamic Auction Group/Realty, LLC and/or the Seller are subject to collections. 30-45 days to close. The successful/winning online buyer must arrange with their financial institution an immediate electronic wire transfer for the full deposit amount if they become the successful buyer. This payment must be scheduled no later than 2PM the following banking day after the auctions end date. Or other payment arrangements must’ve been mutually agreed upon between the buyer and auctioneer prior to buyer bidding in the auction. Real Estate Auction Sales Agreement: Upon becoming the successful/winning bidder, buyer must be available immediately following the completion of the auction or seller’s acceptance of the bid to complete and execute the no contingencies "PA - Real Estate Auction Sales Agreement", as agreed to by the buyer's registration and acceptance of the terms and conditions of this auction. This is the same agreement of sale that is attached to and part of the terms and conditions of this auction that the buyer was required to review and agree to prior to placing a bid. Please ask, and we will send a copy to you for your review. We are not responsible for your failure to review the agreement prior to making a bid. The agreement of sale may be executed either in written form or electronically through a third party electronic signature service provider. This must be executed no later than 12 PM, Noon, the immediate following day after the auction date end time or seller’s acceptance of the bid. Failure to comply with these requirements and the execution of the agreement of sale does not relieve the buyer of its liability to pay in full the deposit amount as agreed to above and in the terms and conditions of this auction, buyer will be held accountable for all its actions, direct or indirect. Notice: All online bidders must be available to communicate via telephone within the 30 minutes leading up to the auction's end time. Failure to communicate with the auctioneers at their request could result in the decline of your registration and bids. Independent Legal Advice: Bidder/Buyer hereby acknowledges that it has been afforded the opportunity to obtain independent legal advice and confirms by the execution of submitting a bid that they have done so or waived their right to do so in connection with entering into this auction, and its bidding process, and its terms and conditions. ****DUE DILIGENCE: If you are a buyer that will be seeking financing or will need inspections and/or appraisals in order to purchase, please start that process as soon as possible in order to be prepared for the auction. As mentioned, there are no contingencies, including but not limited to: No financing contingency, No inspection contingency, No appraisal contingency. However, financing, inspections, and appraisals are permitted, the agreement is NOT contingent upon those items. Do your due diligence, ask questions, and be prepared to bid and buy in confidence. *Fail to comply with the terms and conditions set forth for this auction and risk being prosecuted to the fullest extent of the law.* Auction Terms & Conditions Dynamic Auction Group, LLC AND/OR Dynamic Auction Realty, LLC Please read and familiarize yourself with the terms and conditions set forth in this document. By bidding, you agree that you have read and understand these terms and agree to intend to be bound by the contents found herein. The Auctioneer reserves the right to change this document between auctions without notice to any registered individuals. 1. Definitions: The term "Auctioneer" or "Company" means Dynamic Auction Group, LLC, Dynamic Auction Realty, LLC or any company that is a subsidiary of, agent, employee, an affiliate of, or related to Dynamic Auction Group, LLC. The term "Bidder" or "Buyer" means any individual, corporation or other entity that participates in the auction process as a successful or potential bidder or any agent thereof. The term "asset" means all real or personal property, items, materials, equipment, or tangible property eligible for bidding through Dynamic Auction Group, LLC. The term "site" means the online auction site of Dynamic Auction Group, LLC. The term "purchase price" shall mean the sum of the bid price, Buyer's Premium, Buyer's Fee, expenses, and applicable taxes in relation to the asset. The term "delivery" is the transfer of title from Seller to Buyer. At no time shall delivery mean the physical position of an asset. 2. Agreement: This Agreement shall serve as a legally enforceable document between Dynamic Auction Group, LLC and you (acting as the bidder or buyer). BY ACCESSING THIS SITE YOU AGREE THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE THAT YOU ARE LEGALLY BOUND BY ALL TERMS, CONDITIONS, MODIFICATIONS, AND NOCTICES FOUND HEREIN AS WELL AS ANY APPLICABLE LAWS, STATUES AND REGULATIONS, including but not limited to copyright, trademark and contract law. Bidder agrees to enter into a sale contract immediately upon bidding and therefore, bids may not be retracted. 3. Verification of Age and Misrepresentation: By agreeing to the terms of this Agreement, Bidder verifies that they are at least eighteen (18) years of age, are of mental capacity to enter into a contract and that Bidder has provided all contact information to the best of Bidder's knowledge. Bidder agrees to notify Auctioneer of any update to their contact information immediately, so long as they are actively bidding on this site. Bidder shall provide, if requested a valid ID reflecting the above information. Auctioneers reserve the right to ban any individuals that are believed to have misrepresented themselves or any item in any way, failed to abide by these terms and conditions, or engaged in improper auction behavior, as determined by Auctioneer. Any Seller or Buyer who has misrepresented this information in any manner will be banned from further use of this site and may be subject to further legal action. 4. Modification: All purchases shall be governed by the terms found herein. Auctioneer reserves the right to modify these terms at any time. Written notice may be provided via direct contact, or posted on Auctioneer's website. Any said modification shall take precedence over any and all written material, marketing, or previous announcements or advertisements so long as Bidder continues to pursue any bid after notice has been received or posted. Bidder shall be responsible for reviewing the Terms and Conditions between bids and agrees to be legally bound to any terms found herein prior to each bid. 5. Enforceability: Bidder agrees that legal action may be taken should it be found that Bidder has violated any of the terms and conditions found herein or the laws, statutes or regulations governing the processes of this site. 6. Authorization to Process Credit Card on File: Bidder shall provide a valid credit card upon registration for each auction. This credit card WILL BE USED FOR PAYMENT of invoice or real estate deposit, should a Bidder place the closing/winning bid and no other payment arrangements have been made between Auctioneer and Bidder. For real estate transactions, the preferred payment method id cash, bank certified check, or wire transfer in regards to payment of the real estate deposit. If real estate deposit payment arrangements are not made within 24 hours after the close of the auction, the Auctioneer holds the right to process your credit card on file for the stated deposit amount. Bidder agrees to allow Auctioneer to process payment without further notice to Buyer, unless Bidder notifies Auctioneer of an issue with their invoice within twenty four (24) hours of receiving said invoice. Bidder may contact Auctioneer with updates to their payment information at any time. All registrants, Bidders and Buyers acknowledge that Auctioneer shall not be held liable for any security issues that occur in regard to stored credit card information at anytime. Auctioneer agrees to make a sincere effort to keep any such incident from happening and agrees to notify all registered individuals should such an incident occur. Auctioneer does not retain any secure credit card information. This information is secured by a third-party credit card processor. 7. Deposit Validation: Bidder agrees to provide a valid credit card upon registration. Bidder expressly authorizes Auctioneer to charge any provided credit card with a one ($1.00) dollar refundable deposit prior to approving any bid for authorization purposes. Auctioneer may release this deposit as they see fit. This authorization process takes place at the discretion of the auctioneer and/or at random. 8. Registration and Bidder Numbers: All Bidder's are required to register in order to receive a Bidder number. In order to register, Bidder must fill out all necessary registration information including, but not limited to, name, address, phone number, driver's license information, e-mail address, and credit card information. All bids shall be made with the Bidder number received and no bids shall be attempted prior to receiving said number from Auctioneer. Upon receiving a Bidder number, Bidder takes full responsibility for any action and all bids that occur by that number. All sales are final, unless stated otherwise herein. The Auctioneers reserve the right to refuse any applicant for any reason. Auctioneers may also suspend a given Bidder number at any time. Bidder numbers are nontransferable for any reason. 9. All items sold with reserve: All items that are sold through this site are sold with reserve, regardless of whether "with reserve" is stated on the item. Auctioneers reserve the right to accept or reject the high bid at all times. 10. Bidding: Once a bid is made, a Bidder is unable to retract their bid for any reason. A successful bid during auction will result in a legally binding contract of sale, as set forth above. Auctioneers reserve the right to refuse any and all bids that are sold through them, whether at an absolute auction or otherwise. Acceptable bidding increments will be determined by the Auctioneer at all time. Auctioneer reserves the right to bid on behalf of Seller, should they see fit. 11. Jump Bidding: A jump bid is made when the Bidder increases a bid beyond the next acceptable bid. For example, if the next accepted bid is listed at $200, and bidder puts in a bid at $275. A bidder may use this type of bid at their own discretion. When a jump bid is made, Auctioneer will not lower the price to the accepted bid should no other competing bids arise. 12. Absentee Bids: Absentee bids are permitted at the discretion of Auctioneer. All absentee bids are subject to all conditions found herein at all times. No affiliates of Auctioneer shall be liable for any failure to execute bids on behalf of the Absentee Bidder for any reason at any time. 13. Payment: All payments must be made in US funds only. Purchase price shall include the bid amount, the Buyer's Premium set forth herein, taxes and any other fees listed for the auction. All bids are final and, therefore, should payment fail to be authorized by any financial institution for any reason, Bidder shall remain liable for the statement balances and additional fees may be applied if applicable until balance is paid in full. Auctioneer shall not be required to release possession of any asset until it has been paid for in full, including purchase price, taxes and any additional fees. Auctioneer reserves the right to convert any payments to cash before allowing the removal of any lots or items. 14. Taxes: Taxes may be applied to the purchase of any asset so long as it is in accordance state and federal law and tax code. State law shall be applied in accordance to the location of the asset when purchased. If sales tax is applicable in any given sale, the tax will be added to the purchase price of the item unless a tax exemption form is property executed prior to the beginning of the auction. Any exemption forms submitted after the auction will not be accepted. All Buyers are liable for this tax, even if they do not reside in the state that the auction is occurring. Tax will be calculated using the total purchase price, including the Buyer's premium and or any applicable fees and/or expenses. In regards to real property transaction, taxes and other applicable fees will be determined through the closing process. 15. Buyer's Premium: A ten (10%) buyer's premium fee will be applied to all purchases. Bidder agrees to contact Dynamic Auction Group, LLC directly should they have any questions about this Premium. Bidder agrees to pay this fee upon payment of their purchase. This Premium in no way establishes an agency relationship between Auctioneers (agents, licenses, or employees thereof) and the Buyer at any time. Auctioneer may modify the percentage of this Premium at any time in order to satisfy the needs of the Seller(s) and/or to adhere to the Auction Listing Agreement. Should Auctioneer modify this amount, Auctioneer agrees to make this information available to Buyer immediately, but is not required to provide notice of said modification. Buyer may call the Auctioneer during normal business hours to inquire about this Premium. 16. Seizure of asset: Buyer agrees that he/she shall remain liable for payment as described in paragraph 13 herein, should they place the successful closing bid. Should Buyer tender a non-valid credit card, back dated check, non-certified check, or if Auctioneer receives notice of insufficient funds, stop payment, non-payment, charge back, etc., for any portion of the purchase price of an asset, Auctioneer shall be authorized to seize all items and lots sold in reliance of said payment. Seizure may occur by Auctioneer or any agent, employee or licensee thereof at the sole cost of Bidder. As such, Auctioneers establish a possessory lien on all assets until they are paid for in full. Further, Bidder agrees to indemnify any costs accrued pursing claims related to this paragraph. 17. Approximate Closing Times: Auctioneer display times for all Auctions. These times, including closing times, are approximate. Auctioneer reserves the right to close an auction prior to the posted close time or extend an auction beyond the listed close time at its sole discretion. Auctioneer does not need to notify Bidder's when they anticipate that they will not close pursuant to the posted times. As such, Auctioneer recommends that Bidders place their bids early to avoid missing any purchase opportunity. Auctioneer is not liable should Bidder choose to wait to place a bid and is unable due to technical difficulties or an early close time. All times are listed in Eastern Standard Time unless otherwise noted. Auctioneer also notes that if a bid is made within minutes of an Auctions end time, the Auction time will automatically extend for an additional amount of time. The auctioneer holds the right to set the amount of time in regard to bid extensions. This will continue to occur until no additional bids are made with the set amount of minutes or less remaining. This is an automated feature that is out of the control of Auctioneer. 18. Refunds: All sales are final upon approval of any particular bid. Upon approval, Bidder assumes responsibility for the asset and agrees to pay their statement in full. Upon bidding, Bidder waives any right that they might have to reject an asset and any rights regarding refunds, charge backs or refusing to make full payment. Bidder's only recourse for dissatisfaction is to terminate use of this site immediately. Should an asset not be available for delivery to Buyer at anytime, Buyer will be reimbursed any money that has been paid for that asset. However, lack of delivery does not nullify Buyer's remainder of responsibility or acknowledgements under this Agreement. Buyer agrees under all circumstances, he does not have any further claim against Seller, Auctioneers, licensees, employees or agents thereof should non-delivery occur and a refund be issued within ninety (90) days of notice of non-delivery is submitted to Auctioneer and verified. 19. Suspension from site: Failure to provide accurate contact information, credit card information, failure to pay an outstanding statement or failure to abide by these Terms and Conditions may result in full or partial suspension from the use of this site. Any suspension is in the full discretion of Auctioneer. Suspensions may be temporary or permanent. All suspension decisions are final. Auctioneer agrees to communicate suspension to Bidder within twenty four (24) hours of suspension decision. 20. Privacy: Auctioneer agrees to use any of Bidder's information solely for the purpose of this site. Auctioneer agrees not to sell Bidder's information for any reason. 21. Goods sold AS IS: Auctioneer agrees to provide a statement or description of any item or lot for sale on this site to the best of their knowledge and ability. However, Bidder recognizes that Auctioneer is not an expert and therefore, any description is solely an opinion. Auctioneer in no way warrants the condition of any given asset by way of said description or any verbal communication. All assets shall be available to Buyer to inspect prior to bidding and Auctioneer hereby urges strongly that a bidder engages in viewing all assets prior to making a bid. By making a bid, Bidder signifies that they have examined the asset to their satisfaction or that they have chosen not to inspect the asset voluntarily. Auctioneer is in no way liable for the condition, quality or quantity of the asset upon receipt of Buyer, nor is Auctioneer liable for the actions of Bidder before, during or after the sale in regard to the asset. Further, Auctioneer shall not be liable for misstatements, typographical errors, to the asset or loss of money or merchandise. Auctioneer shall not be liable for any marketing or description of any asset, and Buyer is not encouraged to rely on the description given by the Auctioneer at any time, as they could contain error or set false expectation on behalf of Buyer. If Auctioneer posts an announcement regarding a particular asset, updated information shall take precedence over the original description or any other information provided about the asset prior to the posting. Buyer's dissatisfaction with the condition of any asset is not grounds for any refund, failure to satisfy any given statement, legal claim, failure to close a sale or terminate an active contact. Buyer acknowledges that all assets are used, and therefore may have some evidence of use. Dissatisfaction with an asset will not be reason for Buyer to stop payment or cancel a charge at any time. SALES ARE MADE WITHOUT WARRANTIES OR GUARENTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES FOR MERCHANTABILITY, FITNESS FOR FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGMENT. Not all states allow for a disclaimer for implied warranty of merchantability and therefore this disclaimer might not apply to you in full. 22. Change of Auction on the site: Auctioneer reserves the right to cancel, reschedule and reopen any auction at any given time. Further, they may withdraw any item or add any item to an auction prior to, during or after an auction has closed. Auctioneer agrees that they will take all actions to prevent said action, however, will engage in said activities as they see necessary. Auctioneer may also group items as it sees fit and may augment any given sale with items not identified during the auction. Further, Auctioneer does not warrant that there will be no interruptions of the site during any given auction, nor does it warrant that this site does not contain viruses, errors or any guarantee of a particular result due to the use of this site. Auctioneer shall not be held liable for any issues that occur due to viruses, error, service interruptions or any other unexpected problems for any reason at any time. 23. Rejection of Bid: Auctioneer reserves the right to reject any bid for any reason. Auctioneer is not required to provide explanation for any bid decision at any time. All bid decisions are final. 24. Removing Asset from Auction: Upon purchase, Auctioneer will provide a scheduled pick up time for Buyer to retrieve the asset. Buyer shall be responsible for removing the asset in full from Auctioneer's stated location on the day of scheduled pick up in a manner that is approved by Auctioneer. No exceptions will be made unless alternative arrangements have been approved by Auctioneer PRIOR to the scheduled pick up day. If Buyer is unable to arrange asset pickup pursuant to the terms and conditions contained herein, Auctioneer shall be permitted to apply additional storage and accommodation fees as they see fit or shall be permitted to revert title of the asset back to the Seller and/or Auctioneer without refund. Any storage or pickup extension fee added by Auctioneer must be paid in full prior to pick up. Buyer shall be liable for all additional fees Auctioneer incurs attempting to obtaining possession or disposing of the asset and waives any rights that they might have to a refund should the asset revert back to Auctioneer and/or Seller. Buyer shall be liable for any damage to the property, asset, any buildings, etc. that occurs during retrieval of the asset and agree to indemnify Auctioneer and it's agents, employees and licensees therefrom. Dynamic Action Group, LLC. does not ship assets under any circumstance. Should you hire a third party shipping company, this company must also comply with the terms and conditions of pick-up. Auctioneer reserves the right to require proof of insurance for Buyer or third party for any situation deemed necessary by Auctioneer prior to relinquishing control of said asset. The use of a third party vendor right does not negate Auctioneers ability to charge additional storage or accommodation fees nor does it negate their ability to revert title of the asset. 25. Damage to Property: Buyer agrees that they shall be liable for any damage that occurs to any assets or property associated with any asset while Buyer is viewing, bidding on or removing the asset. All persons that engage in said activities agree to exercise proper care in doing so at all times. Further, Buyer agrees to adhere to all federal, state and local laws and regulations, protocol, health regulations, etc. when engaging in these activities, including but not limited to those listed herein. Buyer specifically indemnifies Auctioneer from any liability of said damage occurs. 26. Transfer of Title: Delivery shall occur only once full payment is received within legal mandates. This exchange shall be set up between Buyer and Seller and the fees associated with the transfer shall be handled by the Buyer and Seller. Auctioneer shall not be involved with the transfer of title at any time or be liable for any occurrence that occurs during or is associated with the delivery process. 27. Re-auctioning Assets: Should Buyer's breach any term listed herein, Auctioneer reserves the right to re-auction the asset originally reserved for Buyer. Should this situation arise, Auctioneer shall have the right, but not the obligation, to re-auction the asset, discard or store the asset pursuant to the terms provided herin. All of the above actions may occur at the sole risk of Buyer. Auctioneer has no obligation to notify Buyer of said actions. 28. Mitigated Losses: Should Auctioneer have to re-auction any asset due to Buyer's failure to retrieve an asset or pay for an asset in full, any payment made by Buyer shall be retained by Auctioneer until the asset is successfully re-sold. Should the asset be sold for a lessor amount, the original Buyer shall be liable for deficiency in funds that occurred as a result of Buyer's breach. Buyer permits Auctioneer to satisfy this deficiency with this retained payment. 29. Risk of Loss: Bidder shall obtain the risk of loss upon purchase of the asset, including the time that occurs between sale, delivery and pickup of the asset. Auctioneer shall not be liable for any damage or loss of the asset that occurs between the time of sale prior to time of pick up, or during pickup, regardless of the amount of time that the asset remains in the physical possession of Auctioneer after the sale is finalized. Auctioneer recommends that Buyer insure all assets immediately upon sale. 30. Termination of Sale: Auctioneer reserves the right to terminate a sale agreement for any reason at any time. Should Auctioneer terminate a sale, Bidder is entitled to a full refund for the sale. Auctioneer may also terminate the sale should a bidder engage in a dispute with another Bidder or a Seller during or after an auction. All terminations shall be the sole discretion of the Auctioneer. The actions and decisions of the Auctioneer in this regard are final and shall be binding. 31. Resale: Should any given asset remain on the property for one (1) day after the agreed upon pick-up or failure to pay a statement in full, Auctioneer shall be permitted to resell the asset. Auctioneer does not have to notify Bidder of re-sale nor does re-sale entitle Bidder to a refund or collection rights or damages. 32. Indemnity Clause: Bidder agrees to indemnify, defend and hold harmless Dynamic Auction Group, LLC and its employees, agents, officers, affiliates, subsidiaries, directors and representatives from and against any claims, losses, damages, liabilities, demands, judgments, fees, costs and expenses related to or arising due to Bidder's use of this site or actions resulting therefrom, including but not limited to personal injuries, including death, damage or loss of the asset before or during pick-up, a result of a bidder dispute, or actions caused by the negligent or willful act or omission to act of Auctioneer, or a supplier of Auctioneer, or employees or invitees of either of them. Bidder will, at its own expense, defend any and all actions based on such negligent or willful acts or omissions to act, and will pay all charges of attorneys and all costs and other expenses arising out of these obligations of indemnification. At no time shall buyer hold Auctioneer liable should any Seller fail to deliver an asset for any reason whatsoever. Buyer understands and acknowledges that title transfers are solely between the Buyer and Seller and are not a responsibility of the Auctioneer at any given time of the sale or thereafter. This clause applies to all auctions held on or off of this site, so long as Auctioneer is affiliated with them. This cause shall also be applicable before, during and after all auctions and shall survive in settlement as well as litigation proceedings. 33. Timing of Claim: No claim shall be allowed once the asset has been removed from the premises. Once an item is removed, no adjustments or recessions will be considered for any reason once an item has been removed. 34. Pooling: Pooling or bid rigging is a serious federal offence and will be charged by the fullest extend of the law. Should Auctioneer suspect that these activities are occurring, they reserve the right to void any sale or void any bid accordingly. 35. Security: Bidder shall be responsible for any bids that are made under their bidding number. It is the responsibility of Bidder to keep their information private and secure to prevent fraudulent bidding. Should a third party make a bid under a particular number, Bidder shall be responsible for the execution of the sale pursuant to the Terms and Conditions contained herein. Bidder may then pursue legal action on the third party without the involvement of Dynamic Auction Group, LLC, should they so choose. 36. Legal Advice: This site does not include any legal advice, nor does it intend to do so. 37. Arbitration Clause: Any disputes that arise for the contents herein shall be settled in accordance to the commercial arbitration rules of the American Arbitration Association. Any and all litigation should occur in the State of Pennsylvania in the County of Somerset, regardless of where the auction was held. No arbitration claims shall be joined with any other arbitration claims against Auctioneer. Arbitration shall be conducted in Somerset, Pennsylvania and governed by Pennsylvania. 38. Third Party Involvement: Auctioneer shall in no way be liable for the acts of a third party in regards to the acts of this site or actions that occur as a response thereto. This includes but is not limited to damages or losses realized due to any interruption in service, errors, an/or omissions caused by network errors, damage or loss caused by a third party shipper, or any damage caused by a third party acting on behalf of a registered user during any stage of the sale. Auctioneer does not guarantee error free usage of this site. 39. Limitation of Liability after a sale: Should Buyer incur any injury, damage or loss due to their use of a particular asset after sale, Auctioneer shall not be liable for any reason at any time. At no time, including negligent acts, shall Auctioneer be liable for any form of damages that occur in for any reason by the asset, information about the asset, or content that is contained on this site at any time, regardless of whether or not Auctioneer alerted Bidder or Buyer of the potential of such incident occurring. Once an asset is in the physical possession of Bidder or Buyer, whether that be during a viewing, removal, or after the sale is finalized, Auctioneer shall not be held liable for any of the above situations that may occur to Bidder or Buyer due to their use of the asset. 40. Storage of Information: Auctioneer reserves the rights to store all information that they obtain from Bidder, including but not limed to address, credit card information and full name provided to the Auctioneer. Auctioneer and employees and agents thereof will store records of all finalized sale in order to defend against any claim or disputes. Records of said information can be provided to Bidders upon request within a reasonable amount of time. 41. Purpose of Agents: Auctioneer is acting solely as an agent of Seller. Therefore Auctioneer shall not be required to testify on behalf of Buyer at any time. Nor can Auctioneer be liable for the acts of the principle, any damages or crime that occurs during delivery of the asset, pick up of the asset or thereafter in regard to the asset. 42. Theft: Should Auctioneer suspect that theft has occurred during a pick up, Auctioneer reserves the right to inspect any tools, boxes, cars, etc. of the Buyer. Should it be found that a theft occurs, Buyer shall be permanently banned from future use of the site and will be prosecuted at the fullest extent permitted by the law. 43. Omissions and Errors: Auctioneer discloses that this site may contain errors, mistyped information, omissions, inaccuracies and outdated information. Auctioneer assures that they will attempt to avoid this kind of information, however, it does not guarantee that they will be avoided at any time. No information provided by Auctioneer, verbally or through the site, shall be warranted in any way, as described above. If an error is found by Auctioneer at any time, Auctioneer reserves the right to correct the error at anytime without notice to any Bidder. As such, Auctioneer recommends that Bidder check the information provided on the site regularly with bidding on assets. 44. Entire Agreement: These Terms and Conditions set forth the entire agreement between Auctioneer and Buyer. By accepting these Terms and Conditions, it is understood that Bidder agrees to Auctioneers terms and conditions and intends to be bound by the contents found therein. Should a Court find that any particular term of this contract be unenforceable, all other terms shall not be affected. Bidder agrees that their use of this site is completely voluntary and at the sole risk of the Bidder. We thank you for choosing to bid with Dynamic Auction Group, LLC/Dynamic Auction Realty, LLC. We hope you have a positive experience with our site and we look forward to working along side of you! Dynamic Auction Group, LLC/Dynamic Auction Realty, LLC 204 West Main Street Somerset, PA 15501 814-444-7777 | sold@biddynamic.com Lic. # AY002250 / AY002248 DYNAMIC AUCTION REALTY LLC AY002248 - PENNSYLVANIA REAL ESTATE AUCTION SALES AGREEMENT AGENT FOR SELLER Dynamic Auction Realty LLC (Seller’s Agent Only) PH 814-444-7777 ADDRESS P.O. BOX 112 Somerset, PA 15501 . EMAIL ADDRESS Sold@BidDynamic.com 1.THIS AGREEMENT, dated is between SELLER(S) Address hereafter “Seller,” and BUYER(S) Address hereafter “Buyer.” 2.PROPERTY - Seller hereby agrees to sell and convey to Buyer, who hereby agrees to purchase at auction: ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected, if any, known as:in the of County of in the Commonwealth of Pennsylvania. Identification (e.g., Tax ID#; Lot, Block; Deed Book, Page,) , 3.TERMS -(A)Purchase Price Dollars, which shall be paid to Seller by Buyer as follows: $ $ (B)Cash [ ] or Wire [ ] at signing this agreement:(C)Cash [ ] or check [ ] on or before:(D)$ (E)Cash, cashier’s or certified check at time of settlement:$ TOTAL $ (F)Deposits will be held by Dynamic Auction Realty LLC (G)Written approval of Seller to be on or before: (H)Settlement to be made on or before: (I)Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: (J)Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here:-- -- (K)Real Estate Taxes will be prorated on a fiscal year basis, unless otherwise stated here:-- -- -- -- -- -- (L)At time of settlement, the following shall be adjusted pro-rata on a daily basis between Buyer and Seller, reimbursing whereapplicable: taxes, rents, interests on mortgage assumptions; condominium fees and homeowner association fees, if any, water and/orsewer rents, if any, together with any other lienable municipal service. The charges are to be pro-rated for the period(s) covered:Seller will pay up to and including the date of settlement; Buyer will pay for all days following settlement. 4.FIXTURES AND PERSONAL PROPERTY (A)Included in this sale and purchase price are all existing items permanently installed in the Property, free from liens, includingplumbing; heating; HVAC equipment; lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spaequipment; garage door openers and transmitters; television antennas; shrubbery, plantings and unpotted trees; any remaining heatingand cooking fuels stored on the Property at the time of the settlement; wall to wall carpeting; shades, blinds, window coveringhardware, built-in air conditioners; and built-in appliances. Also included: (B)EXCLUDED FIXTURES AND ITEMS: (C)LEASED items (items not owned by Seller): 5.SPECIAL CLAUSES (A)Auction Law - This Real Estate described is sold by auction and under auction law in the Commonwealth of Pennsylvania (whetherbefore, during or after the auction; or by live auction, silent auction, private auction, sealed bid auction, internet auction, absentee bidor a privately negotiated sale). The Sellers have set the terms in this agreement for the conveyance of the real estate and/or have giventhe authority to the Auctioneers to set the terms and conditions of this auction. The Buyers, upon signing this agreement, acknowledgeand accept all terms made by the Sellers and Auctioneers. Buyer Initials ________ Seller Initials________ (B)Absolute/Reserve - The Sellers are selling this real estate at [ ] reserve [ ] absolute auction including all rights and powers afforded the Seller by law.(C)Agency Disclosure - Buyer and Seller acknowledge and understand that Dynamic Auction Realty LLC and their staff, employees, etc., are an agent for the Seller Only. The Buyer has either secured Buyer Representation or is waiving the representation in this transaction.(D)Residential Lead – Lead Based Paint Hazard Reduction Act Notice Required for Properties Built before 1978. Buyer acknowledges receipt of Lead Base Paint Notice. Buyer has a 10-day period immediately prior to the auction to conduct a risk assessment or inspection of the Property for the presence of lead based paint and/or lead based paint hazards. The Buyer hereby waives the Lead Base Paint risk assessment or inspection of the property and is purchasing the property “As-Is” and agrees to the release set forth in section 23 of this agreement.(E)Radon – Buyer understands that Buyer has the option to request that the Property be inspected for radon by a certified inspector. BUYER WAIVES THIS OPTION and agrees to the RELEASE set forth in section 23 of this agreement.(F)Urea Formaldehyde/Environmental Risks – See notice on page 8 of this agreement. Buyers are informed – that Sellers are unaware of any adverse presence of urea formaldehyde insulation or any other environmental hazards. The Buyers should obtain any inspections desired to confirm that the property is environmentally safe, only after obtaining permission from the Seller, any inspections or Environmental Site Assessments must first be mutually agreed upon and must be done so in writing prior to being conducted Should the condition of the premises be determined as unsafe as to environmental standards as set by the proper authorities, the Sellers may elect to cure the situation, or give credit at closing for remedy, in which event the Buyers will proceed with the purchase, or the Sellers may declare this agreement null & void and only be responsible to the Buyers for the return of all hand money.(G)Asbestos – Used as a component of any building material may pose a health hazard. The Buyer may wish to have an inspection to determine if hazards are present in subject property or, if known to be present, to what degree. Buyers understand any unfavorable findings are not a condition or contingency of this agreement and agree to release as set forth in section 23 of this agreement.(H)Mold – Buyer agrees to hold the Seller and Seller’s Agents harmless in the event any mold contaminants are discovered on the property. Buyer understands mold is a naturally occurring microbe and that mold should pose no health threat unless concentrated at high levels in the living environment. The only way to determine if a mold like substance is truly mold or is present at high levels is through sample collecting and analytical testing. If Buyer has reason to believe there is a potential of mold contaminates, Buyer should obtain an inspection prior to the auction or making an offer. Any and all inspections and tests are at the Buyer’s expense. Buyers understand any unfavorable findings are not a condition of this agreement and agree to release as set forth in section 23 of this agreement.(I)Wetlands – Buyer understands and agrees that it is their responsibility to research for any and all wetland and flood plain areas effecting this property and that findings whether favorable or not, are not a contingency in this agreement.(J)Compliances – Buyer understands and agrees that any and all requirements needed for compliance with all Local, State and Federal laws, ordinances, inspections, permits, zoning, occupancy, etc., to fulfill obligations for property settlement are strictly and solely the Buyer’s expense and obligation.(K)Leases – Buyer accepts the property with any and all leases, known and unknown, pertaining to buildings, land, crops, mineral rights, including oil, gas, etc, equipment, personal property, etc., including any part thereof subject to a lease. Seller is obligated to provide any known leases to the Auctioneers and potential Buyers in a timely manner for inclusion in bidders packets, marketing program and sales agreement.(L)Consumer Notice – Buyer & Seller have received the Consumer Notice (when registering or in the bidders packet) as adopted by the Real Estate Commission act 49 Pa. Code 35.366. 6.AS-IS - The Buyer hereby certify that they understand that they are purchasing the real estate in an “AS IS” condition and willaccept the property in spite of any defects or conditions, known or unknown, visible or not visible, and therefore the Buyers dohereby release and forever discharge the Sellers and Auctioneers, their respective heirs, licensees, agents, employees, successorsand assigns from any and all claims liabilities, losses, damages, costs, and expenses resulting therefrom. Neither the Sellers,Auctioneers, licensees, agents, nor employees shall be liable for any cost including damages, recession, reformation, allowance oradjustments, based on the failure of any component, property or aspect of the real estate, to conform to any specific standardand/or expectation of the Buyers. 7.PROPERTY INFORMATION - In entering into this agreement, the Buyers have not relied on any representation, claim, oralunderstanding, advertising, promotional activity, brochure, or plan of any kind made by the Seller, Auctioneers, licensees, agents oremployees. The Sellers, Auctioneers, licensees, agents and employees make no representations, warranties or guarantees either expressedor implied, written or oral of any kind. All information furnished regarding the property is from sources deemed reliable, however it is notguaranteed and is subject to errors and omissions. The Buyers hereby certify they have relied solely on their own personal investigationsand inspections relative to making an offer or bid to purchase the subject property. Buyer and Seller acknowledge that any Auctioneer,Brokers, Licensees, Agents and/or employees identified in this agreement, is not an expert in construction, engineering and orenvironmental matters, and has not made and will not make any representations or warranties, nor conduct investigations of any kindincluding environmental condition or suitability of the property or any adjacent properties. 8.NO MORTGAGE CONTINGENCY - This transaction is all cash to the Seller. Buyer understands that there is no mortgage financingcontingency in this agreement. If for any reason, Buyer cannot close on this transaction the Buyer will forfeit their deposit and may besubject to legal proceedings. The Buyer understands that any and all required or needed repairs, inspections, surveys, permits, etcetera arestrictly and solely the Buyers expense and obligation. The Buyer, upon receipt, will deliver a copy of the mortgage lender’s requirementsto Dynamic Auction Realty LLC and to Seller. Buyer Initials________ Seller Initials________ 9.DEPOSIT - Buyer and Seller hereby agree that the deposit monies will be placed in Dynamic Auction Realty LLC Escrow account until closing or termination of this agreement. Buyer’s deposit is non-refundable. This offer is irrevocable by the Buyer. If the Buyer fails to comply with the terms and conditions of this agreement, Buyer shall forfeit the deposit, as assessed and liquidated damages, and the Seller may proceed to make a resale of this property, either at public or private auction or at a privately negotiated sale. Upon retention of the Buyers deposit, the Sellers and Auctioneers will divide said deposit 50-50 or in accordance with the Auction Listing Agreement, and the Auctioneers in no case or manner will be held responsible by the Sellers or Buyers for either parties performance or non-performance to purchase. Sellers agree that the return of the Buyer’s deposit (for any reason) does not relieve the Seller of the Auctioneers fee/commission due.10.INSPECTIONS(A)The Buyers, before bidding and before signing this agreement, were afforded the opportunity to personally inspect the real estate and to have, at the Buyers expense and obligation, professional inspectors, reputable certifiers, insurer representatives, appraisers, bankers, surveyors, title insurers, municipal officials, etcetera, investigate and inspect the real estate for the Buyer.(B)The Buyers are purchasing solely in reliance upon their own investigation and inspection and that there are no representations or warranties, expressed or implied, made by the Sellers, Auctioneers, agents or employees. Seller further agrees to permit any other inspections required by lending institutions, insuring agencies, etceteras, or provided for in the terms of this agreement. Any and all expenses and obligations for all repairs, inspections, surveys, permits, etc. are strictly and solely the Buyers responsibility.(C)Buyer understands that Buyer has the option to request inspections of the property (wood infestation, certificate of occupancy, lead base paint, radon, mold, urea formaldehyde, environmental risks, water, sewer, home, building, or mechanical inspections, etc.) Any and all expenses and obligations for such inspections and remedies are strictly and solely the Buyers. The Buyers understand they are purchasing the property “AS-IS” and agree to the release set forth in section 23 of this agreement.(D)If an occupancy certificate is required, Buyer shall, at Buyer’s expense and obligation, order the certificate for occupancy. The transaction is not contingent upon the Buyers ability to obtain an occupancy permit. In the event repairs/improvements are required for the issuance of the certificate, Buyer shall, make the required repairs/improvements at Buyers expense and obligation.(E)Buyer understands and agrees that any and all inspections and their findings (favorable or not) are not a contingency in this agreement.(F)The Buyers should obtain any inspections desired to confirm that the property is environmentally safe. Should the condition of the premises be determined as unsafe as to environmental standards as set by the proper authorities, the Sellers may elect to cure the situation, or give credit at closing for remedy, in which the Buyer will proceed with purchase, or the Sellers may declare this agreement null and void and only be responsible to the Buyers for the return of all hand money.(G)Buyer reserves the right to make a pre-settlement walk-through inspection of the property.11.TITLE, SURVEYS, AND COSTS(A)The Sellers shall convey the title in fee simple deed of special warranty. The property is to be conveyed free and clear of all liens, encumbrances, and easements, EXCEPTING HOWEVER the following; existing deed restrictions, historic preservation restrictions or ordinances, building restrictions, ordinances, easements of roads, easements visible upon the ground, easements of record, privileges or rights of public service companies, if any; otherwise the title to the above described real estate shall be good and marketable and such as will be insured by a reputable Title Insurance Company at the regular rates. All Title work, Title insurance, and all expenses incurred by the Buyer (prior to and after the closing) are strictly and solely the expense and obligation of the Buyer. The Buyer accepts present condition of the Title of the Real Estate. The Buyer will give a two-month extension past the closing date listed in 3H of this agreement for the Seller to correct any title problems to convey a free and clear deed.(B)In the event Seller is unable to give a good and marketable title and such as will be insured by a reputable Title Insurance Company at the regular rates, the Buyer shall have the option of taking such title as Seller can give without changing the price, or of being repaid the deposit paid by the Buyer to Seller on account of purchase price, and there shall be no further liability or obligation on either of the parties hereto and this Agreement shall become NULL and VOID.(C)Any survey or surveys which may be required by the Title Insurance Company or the abstracting attorney, for the preparation of an adequate legal description of the Property (or the correction thereof), shall be secured and paid for by the Buyer, including any survey or surveys desired by Buyer or required by the mortgage lender, also shall be secured and paid for by Buyer. All expenses incurred by the Buyer are strictly and solely the expense and obligations of the Buyers.12.ZONING CLASSIFICATION/RIGHTS OF WAYS - The Buyers acknowledge that they have had the opportunity to investigate zoning with the necessary authorities (state, county and local) to their satisfaction for their intended uses of the property before signing this agreement and are purchasing the property “AS-IS” - “Where Is” with the current zoning, if any. This property is [ ] zoned (see #2 of this agreement for zoning) [ ] not zoned or unknown [ ]. The Buyers are purchasing this real estate subject to any and all restrictions, covenants, leases, right of ways, etcetera of record. To the extent that this agreement is intending to convey mineral rights including oil, gas, etc, the Buyers acknowledge their awareness that Sellers can convey only what they own.13.LAND USE RESTRICTIONS OTHER THAN ZONING – [X] none known, [ ] unknown [ ] Farmland and Forest Land Assessment Act (Clean & Green), [ ] Open Space Act (preservation of land in farm, forest, water supply or open space uses). Seller has no knowledge of any rights to timber, crops or minerals, except coal (see section #14), that do not transfer with the property unless stated here: -- -- Buyer Initials________ Seller Initials________ 14. COAL NOTICE - THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN, AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE, BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. (“Buyer acknowledges that he may not be obtaining the right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage due to mine subsidence by a private contract with the owners of the economic interests in the coal). This acknowledgement is made for the purpose of any Count, State or Federal compliances required for Mine Subsidence and/or Land Conservation”. Buyer also agrees to sign the deed from Seller which deed may contain the aforesaid provision. 15. SEWAGE – This property is serviced by: [ ] public sewage system, [ ] an off-property sewage disposal system, [ ] an individual on-lot sewage disposal system, [ ] a holding tank, [ ] has no sewage disposal system. A connection to an off-site sewage system is [ ] available or [ ] not available. (This paragraph deleted if a community sewage is available) Section 7 of the Pennsylvania Sewage Facilities Act provides that no person shall install, construct, or request bid proposals for construction, alter or occupy any building or structure for which an individual sewage system is to be installed without first obtaining a permit. The Buyer has been advised to contact to local agency charged with administering the Pennsylvania Sewage Facilities Act 35 P.S. 750.1 to determine the procedure and requirements for obtaining such a permit. Buyer understands that Buyer has the option to request inspections of the properties sewer system (if any). However, any and all requirements, expenses and obligations for such inspections and remedies are strictly and solely the Buyer’s. The Buyers understand they are purchasing the property “AS-IS” and agree to the release set forth in section 23 of this agreement. 16. WATER - Source of water is - [ ] a public water system, [ ] a well located on the property, [ ] a well located off the property, [ ] an individual water system, [ ] a shared water system, [ ] no known source of water on the property. Buyer is aware there is no contingency in this agreement for the property to have a water source located on the property or available from and off-site source, nor the quantity and quality of the water (if any). Buyer understands that Buyer has the option to request inspections of the properties water source (if any). Any and all requirements, expenses and obligations for such inspections and remedies are strictly and solely the Buyers. The Buyers understand they are purchasing the property “AS-IS” and agree to the release set forth in section 23 of this agreement. 17. POSSESSION/SETTLEMENT - Possession is to be delivered by deed and keys (if any keys), at time of settlement. Settlement is to be on or before the date listed on 3H of this agreement. The settlement of this transaction shall be held at the office of the Buyers attorney or title company in the county of the property being conveyed. The Sellers may have an attorney approve the documentation’s and settlement. All parties are to receive written or oral notice from the settlement officer for the closing. Possession is given upon final settlement. Assignment of existing lease(s), together with any security deposits and interest, at the time of settlement, if property is leased at the execution of this agreement. Seller will not enter into any new leases, extensions of existing leases, or additional leases for the property without written consent of Buyer. 18. RECORDING - This Agreement shall not be recorded in the Office for the Recording of Deeds or in any other office or place of public record and if Buyer causes or permits this Agreement to be recorded, Seller may elect to treat such act as a breach of this Agreement. 19. ASSIGNMENT - This Agreement shall be binding upon the parties, their respective heirs, personal representatives, guardians and successors, and to the extent assignable, on the assigns of the parties hereto, it being expressly understood, however, that Buyer shall not transfer or assign this Agreement without the written consent of Seller. This agreement, with all terms and conditions including attachments, shall survive settlement or lack thereof. 20. MAINTENANCE AND RISK OF LOSS (A) Seller shall maintain the Property, grounds, fixtures, and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted. (B) Seller shall bear risk of loss from fire or other casualties until time of settlement. In the event of damage by fire or other casualties to any property included in this sale that is not repaired or replaced prior to settlement, Buyer shall have the option of rescinding this Agreement and promptly receiving all monies paid on account of purchase price, or of accepting the Property in its then condition. (C) The Buyer is hereby notified and agrees that it is their responsibility to insure their equitable interest in the said premises at their own expense and obligation, upon signing this agreement. 21. TIME OF THE ESSENCE - The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. Any settlement date extension other than the extension granted to Seller in (11A of this agreement), must be in writing and agreed to by Buyer and Seller. 22. AGENCY DISCLOSURE STATEMENT – AGENT FOR THE SELLER ONLY - It is expressly understood and agreed between the parties that the named Agent for Seller, Auctioneer(s), any Subagents, their salespeople, licensees, employees, staff officers and/or partners, are Agent(s) for the Seller only. Buyer has the right and obligation to hire a Buyer representative to act on their behalf. The expense of Buyer representation is at the sole cost and obligation of the Buyer. Buyer Initials________ Seller Initials________ 23. RELEASE - The Seller and Buyers save harmless and indemnify the said Auctioneers, its employees, licensees, agents, successors and assigns from any and all claims, liabilities, suits, losses, costs, harm or damages pertaining to this agreement and transaction. It is understood and agreed that Dynamic Auction Realty LLC, its employees, licensees, agents, successors or assigns shall not in any case whatsoever be held liable by either party for the performance or non-performance of any item or covenant of this agreement. Seller and Buyer hereby releases, quit claims and forever discharges AUCTIONEERS, ALL AGENTS, their SUBAGENTS, EMPLOYEES, LICNESEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM, or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injuries and property damage and all of the consequences thereof, whether now known or not, including anything arising from the presence of termites or other wood-boring insects, radon, mold, lead-based paint hazards, any wetlands or flood plains, environmental hazards, hazardous materials, oil or gas drilling or processing, any defects in the individual on-lot sewage system or deficiencies in the on-site water service system, or any defects of conditions on the Property or any zoning and/or title discrepancies, etc. This release shall survive settlement or lack thereof. 24. REPRESENTATIONS (A) Buyer understands that any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, agents or their employees are not part of this agreement, unless expressly incorporated or stated in this agreement. (B) It is understood that Buyer has inspected the property before signing this Agreement of Sale (including fixtures and any personal property specifically scheduled herein), or has waived the right to do so, and has agreed to purchase it in its present “as-is” condition. Buyer acknowledges that the Auctioneers have not made an independent examination or determination of the structural soundness of the property, the age or condition of the components, environmental conditions, the permitted uses, or of conditions existing in the locale where the property is situated; nor have they made a mechanical inspection of any of the systems contained therein. The Buyer should avail themselves the opportunity to inspect to their complete satisfaction before bidding. By signing this agreement, Buyer waives any contingency or remedy for any inspections desired by the Buyer. (C) It is further understood that this agreement contains the whole agreement between Seller and Buyer and there are no other terms, obligations covenants, representations, statements or conditions, oral or otherwise of any kind whatsoever concerning this sale. And any prior agreement, if any, whether oral or written, has been merged and integrated into this agreement. Furthermore, this agreement shall not be altered, amended, changed, or modified except in writing executed by the parties. (D) The headings, captions, and section numbers in this agreement are meant only to make it easier to find sections (paragraphs). (E) Auctioneers, Brokers, Licensees, have provided or may provide services to assist unrepresented parties in complying with this agreement. 25. WAVER OF CONTINGENCIES – Seller and Buyer agree that this is a contingent free sales agreement (no contingencies except for a free and clear title to the property). Seller and Buyer agree to the release in section 23 of this agreement. 26. LITIGATION - The Seller and Buyers for this transaction hereby agree that if litigation results, all proceedings will be conducted in the Court of Common Pleas in the County of Somerset, PA. 27. MEGAN’S LAW – The Pennsylvania General assembly has passed legislation (often referred to as “Megan’s Law”) providing for community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the Municipal police department or the state police for information relating to the presence of sex offenders near a particular property, or to check the information on the Pennsylvania State Police web site at www.pameganlaw.statepa.us 28. ADDITIONS: Buyer Initials________ Seller Initials________ 29.SIGNATURES - Buyer and Seller acknowledge that they have read and understand the notices, requirements and legal obligationsof this agreement before signing. NOTICE TO PARTIES: WHEN SIGNED, THIS AGREEMENT IS A BINDING CONTRACT.Return by facsimile transmission (FAX), email or regular mail of this Agreement of Sale, and all addenda, bearing the signaturesof all parties, constitutes acceptance of this Agreement. Parties to this transaction are advised to consult an attorney before signingif they desire legal advice. WITNESS BUYER DATE WITNESS BUYER DATE WITNESS BUYER DATE WITNESS BUYER DATE 30.COMMISSION/FEE - Seller hereby approves the above contract this day of2020 AD. And inconsideration of the services rendered in procuring the Buyer, Seller agrees to pay Dynamic Auction Realty LLC a fee ofpercent of/from the herein specified sale price (which may be in the form of a Buyer’s Premium and/or a Seller Commission) or a flat feeamount of . Auctioneer’s fee/commission is based on the highest bid or offer received. Inthe event of Buyer default here under, any monies paid on account shall be divided between Seller and Dynamic Auction Realty LLC at apercentage/amount determined by Dynamic Auction Realty LLC. Sellers agree that the forfeiture of the Buyer’s deposit (for any reason)does not relieve the Seller of the Auctioneers fee/commission due. WITNESS SELLER DATE WITNESS SELLER DATE WITNESS SELLER DATE WITNESS SELLER DATE Dynamic Auction Realty LLC P.O. BOX 112 Somerset, PA 15501 Sold@BidDynamic.com www.BidDynamic.com 814-444-7777 Buyer Initials________ Seller Initials________ NOTICES AND INFORMATION NOTICE TO BUYERS REGARDING UREA-FORMALDEHYDE FOAM INSULATION Urea-formaldehyde: Urea-formaldehyde foam insulation (UFFI) is a thermal insulation material that is manufactured at the site of installation and pumped into the space between the walls of the building being insulated where it hardens to form a layer of insulation. The health risks identified by the United States Consumer Product Safety Commission (CPSC) included cancer, acute illness such as eye, nose and throat irritation and sensitization. Subsequently, Federal Court decision did overturn the CPSC’S UFFI ban. Said decision did not state that UFFI poses no health risk. What the CPSC failed to establish however, is that the health risk is “unreasonable”. Tests can be conducted to determine the concentration of formaldehyde gas present in a home. Various tests are available to measure the presence or toxicity of UFFI. A test preferred by the CPSC is the chromotropic acid method. Such information, as is available concerning tests and testing procedures, can be obtained by writing to the United States Consumer Safety Commission, Office of the Secretary, Third Floor, 5401 Westbard Avenue, Bethesda, Maryland 20207. Should it be desirable to remove UFFI, the cost will vary with the type of home and the accessibility of the insulation. Such costs have been estimated to be in the range of $4000.00 to $20,000.00 but will vary with the type of construction (face brick or siding), the extent of the insulation, the cost of restoration required and other factors. NOTICE TO BUYERS REGARDING MOLD Mold: Mold contaminants may exist in the Property of which the Seller, Seller’s Agent(s) and Auctioneers are unaware. These contaminants generally grow in places where there is or may have been excessive moisture, such as where leakage may have occurred in roofs, pipes, walls, plant pots, or where there has been flooding; these conditions may be identified with a typical home inspection. The Seller, Seller’s Agent(s) and Auctioneers recommend BUYER obtain a home inspection to better determine the condition of the property. Neither the Seller, Seller’s Agents nor Auctioneers are experts in the field of mold contaminants. In the event suspect mold contamination is discovered, it is recommended that the Buyers satisfy themselves as to property condition by having a mold inspection performed. The cost and quality of such inspections may vary. Any and all inspections and tests are at the Buyer’s sole expense and obligation. Companies able to perform appropriate inspections may be found in the Yellow Pages or on the World Wide Web under “Microbial or Mold Inspections” or “Environmental and Ecological Services.” Buyer understands any unfavorable findings (regardless of the level) are not a condition or contingency of this agreement and agree to release as set forth in section 23 of this agreement. Buyer Initials_______________ Seller Initials_______________ NOTICES AND INFORMATION NOTICE TO BUYERS REGARDING RADON Radon: Radon is a natural, radioactive gas that is produced in the ground by the normal decay of uranium and radium. Studies indicate that extended exposure to high levels of radon gas can increase the risk of lung cancer. Radon can find its way into any air space, including basements and crawl spaces and can permeate a structure. The U.S. Environmental Protection Agency (EPA) advises corrective action if the annual average exposure to radon exceeds 0.02 working levels or 4 Pico Curies/liter. If a house has a radon problem, it usually can be cured by increased ventilation and/or by preventing radon entry. LEAD: (FOR PROPERTIES BUILT BEFORE 1978) Lead Warning Statement: Every purchaser of any interest in residential property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a potential risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller’s possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Lead Hazard Disclosure Requirements: In accordance with the residential Lead-Based Paint Hazard Reduction Act, any Seller of the property built before 1978 must provide the Buyer with an EPA- approved lead hazards information pamphlet titled Protect Your Family From Lead in Your Home and must disclose to the Buyer and Seller’s agent the known presence of lead-based paint and/or lead based paint hazards in or on the property being sold, including the basis used for determining that lead-based paint and/or lead-based paint hazards exist, the location of lead-based paint and/or lead-based paint hazards, and the condition of painted surfaces. Any Seller of a pre-1978 structure must also provide the Buyer with any records or reports available to the Seller pertaining to the lead-based paint and/or lead-based paint hazards in or about the property being sold, the common areas, or other residential dwellings in multi-family housing. The Act further requires that before a Buyer is obligated to purchase any housing constructed prior to 1978, the Seller shall give the Buyer 10 days (unless Buyer and Seller agree in writing to another time period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. The opportunity to conduct a risk assessment or inspection may be waived by the Buyer, in writing. Neither testing nor abatement is required of the Seller. Housing built in 1978 or later is not subject to the Act. CONDITIONS OF SALE FIRST: Unless stated absolute auction, the Seller reserves the right to reject any and all bids. SECOND: The highest bidder shall be declared to be the Purchaser subject to the right of the Seller to disapprove any and all bids. The Seller gives up the right to disapprove the high bid if sold at absolute auction. THIRD: Risk of loss or damage to the property shall pass to Buyer when the property is struck down by the auctioneer. Subsequent loss or damage to the property shall not relieve the Buyer from their obligation to purchase property. Seller will keep property insured until the time of settlement. FOURTH: The property is being sold “as-is”, ”where-is” condition. Seller makes no representations or warranties concerning the property to be sold. It is understood that the Buyer had the right to inspect the property prior to the auction and either has inspected the property or waives the right to do so. Buyer agrees to purchase the property as a result of such inspection/s or waive the right of same. Buyer is relying on their own investigations and inspections and not relying on any representation, warranty, brochure, mailer, fax, email, printed document, etc made by the Seller, Seller’s Agents and Auctioneers, Buyer hereby agrees to purchase the property in its present condition in accordance with sections 6 and 24(B) of this agreement. FIFTH: If the Buyer fails to comply with the above terms and conditions, Buyer shall forfeit the deposit as assessed and liquidated damages, and the Seller may proceed to make a resale of the property, either at public or private auction or a privately negotiated sale or any manner the Auctioneer deems Necessary. Seller and Auctioneers shall retain all rights afforded them by law and pursue additional legal remedies, if desired. Buyer Initials_______________ Seller Initials_______________