REAL ESTATE

TERMS AND CONDITIONS OF AUCTION SALE

Don Flusche /dba/ Flusche Auction Co., Inc. - Texas Auctioneer License No. 6916

Herein known as Auctioneer

This firm is licensed and regulated by the Texas Department of Licensing and Regulation.  If you have a complaint it should be directed to Texas Department of License and Regulation - PO Box 12157 - Austin, TX 78711.  This firm is licensed and regulated by the Texas Real Estate Commission.  If you have an unresolved complaint it should be directed to: Texas Real Estate Commission PO Box 12188, Austin, TX 78711  (512) 465-3960.

REGISTRATION:  All buyers must register at the Auctioneers office prior to bidding.  Proper identification and credit information is required.  Bidder number must be visible to participate in bidding.

PAYMENT - TERMS OF SALE - An escrow deposit is required when the bid is struck down.  The escrow deposit will be made payable to Don Flusche Escrow / Trust Account as Escrow Agent and deposited in the Muenster State Bank.  If Buyer fails to close due to financing or any other reason or matter except title objections, Escrow / Deposit shall be forfeited. This is a cash sale, financing is not a part of this contract, property is sold at auction without regard to financing, property sold not contingent upon buyer obtaining financing.

AUCTIONEER AND OWNER DISCLAIMER:  Descriptions of property advertised, catalogued or described by Auctioneer are believed to be correct.  Nevertheless, neither those descriptions nor any oral statements made by Owner, Auctioneer, their Agents or Employees concerning any property shall be construed as a warrant, either expressed or implied.  All property is sold as is, where is, in place and with all faults known or unknown, without warranty, expressed or implied.  Bidder is buying for his personal usage.  Auctioneer is acting as agent only for the Owner and as such is not responsible for statements, actions, title, condition, fitness or usability of property, delivery, or for acts of principal(s).  The Bidder is encouraged to inspect and examine all property thoroughly prior to bidding.

BIDDER DISPUTES AND RESERVE RIGHTS:  The Auctioneer shall designate the Buyer after each property is auctioned.  If a dispute arises between bidders, the Auctioneer reserves the right to reopen bidding, his Buyer designation shall be final.  The auction of property is "with reserve" unless the Auctioneer specifically states a property is being sold "without reserve".  The Auctioneer, Owner, Consignor or Agent thereof, reserves the right to bid.  The Auctioneer or an Agent may bid on Behalf of Absentee Bidders.  Further, the Auctioneer reserves the right to accept or reject any or all bids.

INJURY AND DAMAGES:  Bidder acknowledges responsibility for any personal injury or property damage to Bidder or his agent, incurred on sale premises, and further agrees to hold Auctioneer, his Agents or Employees harmless for damages or missing property being held on sale site.

DEFINITIONS:  Property, means any personal or real property put up for bid.

PLEASE NOTE:  All Bidders and others attending agree they have read and fully understand the above Terms & Conditions of Auction Sale and hereby agree that the terms listed herein shall govern this Auction Sale.  Bidding at the Auction constitutes consent and agreement with the above.

BROKER - AGENT:  Don Flusche is the Real Estate Broker in this Auction (Real Estate Broker License No. 0136591) with offices at PO Box 417 Muenster, Texas 76252  (940) 759-2832.

PROPERTY CONDITION and SPECIAL PROVISIONS:

 The Property is being sold AS IS, WITH ALL FAULTS KNOWN OR UNKNOWN WITHOUT WARRANTY EXPRESSED OR IMPLIED, AS TO EXACTNESS, and CORRECTNESS OR FACT TO ANY DESCRIPTION OF PROPERTY INFORMATION.  NO REPAIRS TREATMENTS, INSPECTIONS ARE A CONTINGENT PART OF THIS SALE.  SHOULD ANY EPA PROBLEMS EXIST NOW OR IN THE FUTURE THE BUYER WILL BE RESPONSIVE FOR REPAIR, CLEAN UP, OR UPDATING ANY EQUIPMENT OR REAL ESTATE.  SELLER HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE PROPERTY.  SPECIFICALLY, SELLER DOES NOT MAKE ANY REPRESENTATIONS REGARDING SOLID WASTE, AS DEFINED BY THE TEXAS SOLID WASTE DISPOSAL ACT AND THE REGULATIONS ADOPTED THEREUNDER, OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OR EXISTENCE IN OR ON THE PROPERTY, OF ANY HAZARDOUS SUBSTANCE, AS DEFINED BY THE COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED, AND REGULATIONS PROMULGATED THEREUNDER.