Terms: Cash, Cashier’s check (no personal checks accepted), wire transfer, debit or credit card-13% Buyers Premium- 3% Discount for cash or cashier’s check or wire transfer- Georgia Sales Tax applies to each purchase. Must have 2017 GATE card for tax exemptions.

Ultimate Choice Bidding System: Properties with

more than one tract will be offered in single tracts, combinations of tracts or as a

whole. Bidders may bid on individual tracts even when they are assembled in groups.

When a group of tracts has been disassembled by someone bidding on an individual

tract, the top bidder for the group is no longer obligated as high bidder. The

remaining tracts in the group revert back to the original bidders before the group

was assembled. As a result, an original bidder may be in the winning position again.

Once you have bid on a property, always check your position by going to “all bids”

on the bidding page. You will receive a notice by e-mail or text, (your choice when

registering) stating you have been outbid or still in the winning position. If you

decide to bid on different tracts in the auction always check to see that you have

been outbid on an individual tract basis (original tract you placed a bid) or you may

be put in the winning position on more than one tract at the same time. As long as

your original bid has been raised on a tract, you can move to another group or tract

without being put into the winning position on multiple tracts at the same time. If

you have questions regarding the Ultimate Choice bidding process, please contact the

Auctioneers.

Contract for Sale of Real Property: Each property is offered

under the specific terms provided in the contract. The Contract for Sale of Real

Property is available at www.pottsbrothers.com, in the pre-bid package located from

within the files tab. Please read and review the contract thoroughly prior to

bidding on any property. If you have not read and reviewed the Contract for Sale of

Real Property and all other materials available plus completed your own “due

diligence” to satisfy all questions, please Do Not Bid!

INTERNET

BIDDING INCREMENTS

Range Minimum $1,000.00 – Range Maximum $2500.00 =

Increment $50.00

Range Minimum $2,500.00 – Range Maximum $10,000.00 =

Increment $100.00

Range Minimum $10,000.00 – Range Maximum $50,000.00 =

Increment $ 500.00

Range Minimum $50,000.00 – Range Maximum $100,000.00 =

Increment $1,000.00

Range Minimum $100,000.00 – Range Maximum $250,000.00 =

Increment $2,500.00

Range Minimum $250,000.00 – Range Maximum $500,000.00 =

Increment $5,000.00

Range Minimum $500,000.00 – Range Maximum $3,000,000.00+ =

Increment $10,000.00

Potts Brothers Land and Auction, LLC has the sole

authority to resolve any bidding disputes as they may arise.

Auction

End Times: Potts Brothers Land and Auction, LLC Online Only Real Estate Auctions are

timed events and subject to extended bidding due to bidding activity. Potts Brothers

Land and Auction, LLC reserves the right to adjust the auto extension time

period.

Example: Potts Brothers Land and Auction, LLC Online Only

Real Estate Auction have an auto extend feature. Any bid placed within 10 minutes of

the auction ending will automatically extend the auction for 10 minutes from the time

the bid is placed.

Example: If an auction scheduled to end at 10:00

a.m. receives a bid at 9:59 a.m., the close time of the auction automatically extends

to 10:09 a.m. The auto-extend feature remains active until no further bids are

received on the entire bidding group of properties within the 10 minute time frame.

Potts Brothers Land and Auction, LLC reserves the right to adjust the auto extension

time period.

Bidder Verification: The identity of bidders will be

verified, bidding rights are provisional, and if complete verification is not

possible, Potts Brothers Land and Auction, LLC will reject the registration, and

bidding activity will be terminated. The Seller and Potts Brothers Land and Auction,

LLC reserve the right to preclude any person from bidding if there is any question as

to the person’s credentials, fitness, etc. Bidders agree to keep their user-name and

password confidential as they are responsible for ANY and ALL activity involving

their account. When using the website, you must obey any and all local, state, and

federal laws. Violations will result in termination of website use

privileges.

Terms: At the close of the auction, successful bidders

will be emailed the contract package to execute and return to Potts Brothers Land and

Auction, LLC. Successful bidders will deposit escrow funds as listed on the contract

price in form of auction company approved check or wire transfer. The entirety of

the remaining balance is due at closing. Purchaser shall be responsible for all wire

transfer fees.

Buyer’s Premium: A 10% buyer’s premium will be added

to the bid price on all properties to determine the final contract

price.

10% Buyer’s Premium Example:

Bid Price:

$10,000.00

Plus 10% Buyer’s Premium: $

1,000.00

Total Contract Price:

$11,000.00

Contracts: Contract Packages will be sent by e-mail from

Potts Brothers Land and Auction, LLC to the successful bidder, who must execute and

fax or email back to Potts Brothers Land and Auction, LLC within 48 hours of receipt.

Successful bidders not executing and returning their contract with earnest money

deposit within 48 hours of receipt will be considered in default and subject to an

Administrative Fee.

Auction Administrative Fee: In the event a

winning bidder fails to submit the signed “Contract for Sale of Real Property” and

deposit earnest money deposit as provided in the pre-stipulated Auction Terms, the

winning bidder will be charged an administrative fee of $2,500.00 on the credit card

provided at auction registration. Additional default remedies are reserved by Potts

Brothers Land and Auction, LLC and the Seller as provided in the Auction Terms &

Conditions and the “Contract for Sale of Real Property”. All administrative fees are

non-refundable.

Closing: Time being of the essence, these sales shall

be closed on or before 30 days from sale as listed on sales contract. The purchaser

will pay for all normal closing costs associated with the transaction, depending upon

the state where purchased. The ad valorem taxes will be the

prorated.

Broker Participation: A two percent (2%) bid price

commission is available to properly registered brokers. A Broker Participation Form

with complete instructions is available at

www.pottsbrothers.com

Agency Disclosure: In all transactions, the

auctioneer is acting as agent for the seller, not as a buyer’s agent. Potts Brothers

Land and Auction, LLC reserves the right to remove or cancel the bids or bidding

rights and privileges of any party, deemed not to be in the best interest of the

seller, at any time. At auctions with reserve, the seller and/or auctioneer reserves

the right to bid. On all other auctions, auctioneer reserves the right to bid on

auctioneer’s behalf when permitted by law.

New Data, Corrections and

Changes: Please check for updated information prior to scheduled auction time to

inspect any changes, corrections, or additions to the property information.

Disclaimer & Absence of Warranties: All information contained in this information

packet and all related materials are subject to the terms and conditions outlined in

the Contract for Sale of Real Estate agreement. The property is being sold on an “AS

IS, WHERE IS” basis, and no warranty or representation either expressed or implied,

concerning the property is made by the Seller or Potts Brothers Land and Auction, LLC

Agents or Representatives. All sketches and dimensions in the brochure are

approximate. Each potential bidder is responsible for conducting his or her own

independent inspections, investigations, inquiries, and due diligence concerning the

property. The information contained in the brochure and on the website is subject to

verification by all parties relying on it. No liability for its accuracy, errors, or

omissions is assumed by Seller, Potts Brothers Land and Auction, LLC, Agents or

Representatives. Conducting the auction and increments of bidding are at the

direction and discretion of the Auctioneer. All decisions of Potts Brothers Land and

Auction, LLC are final.

Any dispute between Potts Brothers Land and

Auction, LLC, its agents or Representatives and Buyer(s) will be tried in a court of

jurisdiction in Walker County, Georgia. By bidding on the property, buyer agrees to

all terms and conditions set forth.

Disclaimer: All information

contained herein is believed to be correct to the best of the auctioneer’s knowledge.

The information is being furnished to bidders for the bidder’s convenience and it is

the responsibility of the bidder to determine that information contained herein is

accurate and complete.

Any reliance on the contents shall be solely at

the recipient’s risk. Bidders must conduct and rely solely upon their own

investigations and inspections. The property is being sold “AS IS” with any and all

faults. Please review all information supplied, and seek appropriate assistance

prior to bidding.

Refresh your screen constantly during closing

minutes of the bidding.

Server & Software Technical Issues: In the

event there are technical difficulties related to the service, software or any other

on-line auction related technologies Potts Brothers Land and Auction, LLC reserves

the right to extend bidding, continue bidding or close the bidding. NEITHER THE

COMPANY PROVIDING THE SOFTWARE NOR POTTS BROTHERS LAND AND AUCTION, LLC SHALL BE HELD

RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR

ANY REASON. E-mail notifications will be sent to the email address provided in your

registration with updated information as deemed necessary by Potts Brothers Land and

Auction, LLC.

McCloud Equipment Auction