PLEASE READ AND REVIEW THE FOLLOWING TERMS THOROUGHLY PRIOR TO BIDDING. It is very IMPORTANT that every Bidder read and understand the Terms & Conditions BEFORE bidding. Each Bidder is solely responsible for inspecting items of interest BEFORE bidding (all items are sold AS IS, WHERE IS) & picking up purchased items on the DESIGNATED day and time. By bidding in this auction, Buyer agrees to ALL terms & conditions set forth and enters into a contractual agreement to purchase each item under the following Terms & Conditions. ************************************************************** ONLINE Bidding Only Auction. Closes Tuesday, April 23rd, 2024 at 7 PM. 3-Bedroom Brick Home & Lot · 3311 Caywood Avenue, NW in Huntsville, AL Parcel #14 05 21 1 001 008.00 5.4 Acres± located off Draper Road in Somerville, AL Parcel #10 03 08 0 000 006.000 20 Acres± located off Draper Road in Somerville, AL Parcel #10 04 17 0 000 015.001 Auction results are subject to Madison County Probate Court approval; Case #73674 Real Estate: A 10% Buyer's Premium will be added to the highest bid to arrive at the final purchase price. A non-refundable deposit of 20% (escrow money) of the total purchase price is required within 24 hours of the auction's closing. The remaining balance shall be paid at closing, which must occur within thirty (30) days of auction date or five (5) days following court approval, whichever is later. All closing and settlement fees, including but not limited to surveys, inspections, reports, title insurance, any/all ad valor em taxes due are the Buyer's responsibility. A Fowler Auction representative will contact the winning bidders Wednesday morning to arrange a meeting time/place to sign the contract and secure the non-refundable 20% deposit. NOTE: The real property will be conveyed by deed description. If for any reason the Buyer fails to make full payment in accordance with the terms above, the Buyer will be liable for the unpaid balance still due and owing, plus interest in the amount of twelve percent (12%) per annum from the auction date and reasonable attorney fees and expenses for collection as a result of said default. SERVER, SOFTWARE TECHNICAL OR INTERNET ISSUES: In the event there are technical difficulties related to the server, software, or any other online auction-related technologies, reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR FOWLER AUCTION & REAL ESTATE SERVICE, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Fowler Auction & Real Estate Service, Inc. Disclaimers & Absence of Warranties: * Home may contain lead-based paint. Prospective Buyers may inspect ten (10) days prior to auction day at the sole expense of the prospective Buyer. * Information contained herein believed to be accurate but not guaranteed by Fowler Auction & Real Estate Service, Inc. * In all transactions, the Auctioneers are acting as agents for the Seller only. * Property will be sold 'AS IS, WHERE IS' with no guarantees, expressed or implied, by Fowler Auction & Real Estate Service, Inc. * All decisions of the Auctioneers are final. Fowler Auction & Real Estate Service, Inc. reserves the right to reject any and all bids for any reason prior to the close of bidding. Fowler Auction & Real Estate Service, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Fowler Auction & Real Estate Service, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Fowler Auction & Real Estate Service, Inc. reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidder responsibilities include, but are not limited to: Bidders agree to keep his/her username and password confidential as each individual is responsible for ANY and ALL activity involving his/her account. If your USER NAME is offensive to Fowler Auction & Real Estate Service, Inc., then we reserve the right to terminate your bidding. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on this auction. We gather aggregate information from this web site which may include but is not limited to: number of page visitors, most visited pages, any and all correspondence. DEFAULT: If purchases are not settled by the specified closing/pick up day, it will be considered in default. Upon default the bidder will be black listed/blocked from bidding on Fowler Auction & Real Estate Service, Inc.'s auctions, as well as MarkNet Alliance auctions and may be charged 10% of bid price or $500, whichever is greater. All defaulted items may be offered to the next highest qualified bidder at the discretion of Fowler Auction & Real Estate Service, Inc. Any dispute between Fowler Auction & Real Estate Service, Inc., its Agents or Representatives, and the Buyer(s) will be tried in a court of jurisdiction in Madison County, Alabama (or county designated by Fowler Auction). By bidding on the property, buyer agrees to all terms and conditions set forth. Buyer and or Bidder agrees to hold harmless and indemnify Fowler Auction & Real Estate Service, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. Conducted By Fowler Auction & Real Estate Service, Inc. (256) 420-4454 · www.fowlerauction.com