RGM Auction Terms and Conditions

Registration - Registration at the auction confirms your agreement to the terms and conditions of sale as stated here and in the Contract for Sale. Do not bid unless you have registered, received a Bidder's Card and Sale Day Notes and have read and agreed to be bound by the terms of sale in the Contract, a binding agreement upon you becoming the winning bidder. A registration form is available on our website. Please complete, sign and send to our office, with proof of funds or preapproval letter, to receive a buyers packet. Proof of Funds - Seller Mandated Financing Disclosure: The seller requires that the high bidder be able to demonstrate proof of funds or financing pre-qualification. Buyer must obtain a pre-approval letter from a lender of their choice. If buyer intends to pay with cash, a bank letter or other financial account statement showing proof of sufficient funds to cover 100% of the purchase price will be required. Buyer understands and agrees to submit said document to RGM at registration Use of Real Estate Broker - The Buyer may be represented by a Broker/Agent at any time. Broker/Agent must register buyer with RGM Real Estate Co. at least 24 hours prior to the auction. Broker/Agent may inspect the property with their client and must accompany them on auction day to be compensated on this transaction. Commission amounts will be specified on the Terms of Sale on each individual property. There is a Broker/Agent Participation Form on our website. If the Buyer has not been registered by a Broker/Agent, the buyer is not represented and agrees to represent his/her own best interest. Any information provided RGM Real Estate Co. may be disclosed to the seller. AS IS, WHERE IS - All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. RGM Real Estate Co. represents the Sellers only and does not inspect properties on bidder's behalf. View the Contract, Terms and Conditions and Sale Day Notes to determine the existence of any disclosures, exclusions, representations and disclaimers. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures. Compliance Disclosure - Transfer Compliance Disclosure. Property may be subject to undisclosed city/county requirements for transfer/transfer tax, and Buyer is responsible for all costs of compliance, which may include escrow of repair funds, remediation, and/or conducting inspections. Financing Disclosure - Buyer acknowledges that property condition may adversely impact the availability of financing for said property. Buyer agrees to accept 'as is, where is' and is responsible for all costs and remediation therein. Buyer agrees to accept with no contingencies. Buyer acknowledges that seller has no obligation or responsibility to reconnect utilities for the purpose of inspection or for any other reason. Buyer further acknowledges neither seller, RGM Real Estate Co., nor its agents make any assertions or guarantees as to the condition of said property or that utilities, plumbing, or fixtures therein will meet any financing guidelines. Liability Disclosure - Your inspection of the property(s) and attendance at this auction are at your own risk. Broker and Seller, their agents and employees, expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(s). All persons enter the property(s) and attend the auction at their own risk and shall defend, indemnify, and save harmless Broker and Seller, their agents and employees, from any and all liability attendant thereto. Buyers Due Diligence - It is the Bidders sole responsibility to perform any inspections Bidder deems pertinent to the purchase of the Property and to be satisfied as to the condition of the Property prior to bidding. Each bidder assumes all risks associated with any such inspection. The Property both real and personal (if any), are being sold in their existing AS IS, WHERE IS, WITH ALL FAULTS condition, with no express or implied guarantees or warranties whatsoever, unless otherwise required by law. Personal on-site inspection of the Property is strongly recommended and bidders are advised to independently verify all information they deem important. Bidder understands that he/she may review the diligence materials and disclosures provided RGM Real Estate Co.; however, RGM Real Estate Co, and the Seller assume no liability for errors or omissions in these disclosures or any other property listings or advertising, promotional or publicity statements and materials. Each Property is scheduled to have one or more open houses, and/or showings upon request, pursuant to the schedule posted at www.rgmrealestate.com . Although information has been obtained from resources deemed reliable, neither RGM nor Seller makes any guarantee as to the accuracy of any such information.

RGM Auction Terms and Conditions

Buyer Liability - In connection with any due diligence, inspection, visit and/or investigation of the Property by Prospective Bidders, Bidders and or any person/entity/representative acting on their behalf (the Inspec tors), the Prospective Bidders, Bidders, and Inspectors shall (a) ensure that the Property is kept free and clear of liens, (b) ensure that any and all damage arising from such inspection is repaired, and (c) indemnify, defend and hold Seller and RGM harmless from all liability, claims, demands, damages and/or costs directly or indirectly arising there from. Inspectors shall carry, or require anyone acting on Inspectors behalf to carry, policies of liability, workers compensation and other applicable insurance, defending and protecting Seller and RGM from liability for any injuries to persons or property occurring during any inspection of the Property. All legal disputes arising from these terms and conditions should be resolved in Kane co. IL. No Guarantees - By registering as a Bidder and bidding during the Auction, each Bidder shall be deemed to represent, warrant and agree that with respect to each Property it bids upon (a) that such Bidder has examined, or has had the opportunity to examine, the Property and is familiar with the physical and legal condition thereof and has conducted such investigation of the Property as the Bidder has considered appropriate, (b) Sellers Broker or Seller, nor any affiliate, agent, officer, employee or representative of either of them has made any verbal or written representations, warranties, promises or guarantees whatsoever to the Bidder, expressed or implied, and in particular, that no such representations, warranties, guarantees, or promises have been made with respect to the physical condition, operation, legal condition, or any other matter or thing affecting or related to the Property and/or the offering or sale of the Property, (c) Bidder has not relied upon any representations, warranties, guarantees or promises or upon any statements made or any information provided concerning the Property, including but not limited to on-line at the real estate website or the information provided or made available by Sellers Broker or by Seller, or their respective agents, employees or representatives, (d) Bidder has determined to make its bid after having made and relied solely on its own independent investigation, inspection, analysis, appraisal and evaluation of the Property and the facts and circumstances related thereto, including but not limited to, any and all outstanding liens, encumbrances, assessments, dues, fines and/or penalties, and (e) that Bidder has received, agreed to and accepted these Terms and Conditions. By registering as a Bidder and bidding during the Auction, each Bidder shall also be deemed to represent, warrant and agree that (a) any information provided or to be provided by or on behalf of the Sellers with respect to the Properties including, without limitation, all information contained online at the Auction website and in the information being made available to Bidder by Sellers, Sellers Broker and Bid taker, was obtained from a variety of sources and that Sellers, Sellers Broker and Bid taker have not made any independent investigation or verification of such information, and make no representations as to the accuracy or completeness of such information, (b) without limiting the generality of the foregoing, Sellers Broker nor Sellers shall be under any obligation to disclose to any Bidder, and shall have no liability for its failure to disclose to any Bidder, any information known to them relating to any Property except as may be required by law, including but not limited to, any and all outstanding liens, encumbrances, assessments, dues, fines and/or penalties, and (c) Sellers and Sellers Broker are not liable or bound in any manner by any oral or written statements, representations or information pertaining to the Properties, or the operation thereof, furnished by any real estate broker, agent, employee, servant or other person. The above shall include, but is not limited to, any and all estimated amounts regarding outstanding liens, encumbrances, assessments, dues, fines and/or penalties of any kind or any nature.

Insurable Title - Buyers receive a deed and insurable title to each property, as evidenced by the Title Insurance offered by the Closer indicated in the Contract. Current year's property taxes are pro-rated through day of closing as customary. Any manufactured housing not already considered attached to the real estate will be conveyed only with a hold harmless agreement or quit claim Bill of Sale unless otherwise noted. Buyers Fee - There will be a Buyers fee added to the winning bid and included in the total purchase price. Please see the Sale Day Notes, The Contract for Sale, or RGM Real Estate for specifics about the property you wish to bid on. Therefore, the actual total purchase price on the Auction day (and at the closing) is equal to the winning bid amount plus the Buyers Fee (the Total Purchase Price.) The Total Purchase Price does not include other amounts payable by the winning bidder during closing, such as escrow/closing fees, property taxes, or insurance as more fully set forth in the purchase documentation.

RGM Auction Terms and Conditions

Pre-Auction Sales -Prior to the commencement of the Auction event, bids will be accepted at www.rgmrealestate.com. These Terms and Conditions shall govern all Pre-Auction Sales you must still register to bid pursuant to these Terms and Conditions. All bids received will be communicated to the Seller who may accept, or reject such bid in their sole and absolute discretion. Purchase documentation shall be the same as if purchased during the Auction. Non-refundable Deposit - Each high bidder must make a 5% non-refundable deposit per property ($5,000 MINIMUM - whichever is greater) immediately following auction. All cashiers or certified checks should be made payable to RGM Real Estate Co. The remainder of the 5% deposit may be made with cash, cashier's checks, personal checks and business checks (electronically processed). If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. The balance of the purchase price and all closing costs are due at closing Bidding - Bidding starts at the nominal Opening Bid(s) indicated and is open to the public. RGM Real Estate reserves the right to group, add to, delete, withdraw, consolidate or break down lots and/or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, and to cancel or re-schedule an auction. The Bid taker will call the sale and control any increments of bidding. To make a bid, raise your hand or Bid Card to be recognized. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Bid takers attention and corrected. RGM Real Estate, as the bid taker, is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party. A written offer can be accepted and used at Auction. Seller and RGM Real Estate Co. Rights - Sellers and RGM Real Estate Co., as Bid taker, reserve the right to deny any person admittance to or expel anyone from the Auction site for interference with the Auction activities, nuisance, canvassing, solicitation, or any other reason. Sellers and RGM Real Estate Co., as Bid taker, reserve the right to deny any person the ability to bid and/or access to the online bidding platform for interference with the Auction activities or any reason. Seller and RGM Real Estate Co., as Bid taker, have the right to postpone or cancel the Auction, to withdraw any Property from the Auction and to change any terms of the Auction or particular conditions of sale upon announcement prior to or during the course of the Auction. Announcements made by the RGM Real Estate Co. or its announcer at the Auction shall supersede and take precedence over all prior oral or written terms and conditions including these Terms and Conditions. RGM Real Estate Co. may postpone or cancel the Auction, rearrange the order or sequence of the Auction, modify the Auction Terms and Conditions, reject any or all bids and/or advance the bidding. In the event of a dispute among Bidders, RGM Real Estate, as the bid taker, shall make the sole and final decision to either accept the final bid or to re-offer and resell the Property in dispute.

Reserve Auction - If it is a reserve auction, unless otherwise noted in a specific Property listing, and all Properties have a reserve price (Reserve Price), meaning the Seller of each Property can accept or reject any bid and has also established an unpublished, minimum selling price. The starting bid is not the Reserve Price. Except where prohibited by law, during a live bidding event (online or otherwise) RGM Real Estate Co., as Bid taker, may open bidding on any Property by placing a bid on behalf of the Seller and may further bid on behalf of the Seller up to the amount of the Reserve Price by placing successive or consecutive bids for a Property, or by placing bids in response to other bidders. If no bidders meet the Reserve Price, the Seller is under no obligation to sell the Property (see Subject to Confirmation section below). The Seller may withdraw a Property at any time prior to the announcement of the completion of the sale by RGM Real Estate. RGM Real Estate Co. is not acting as an agent for any Bidder in any capacity, and is acting exclusively as the Sellers agent as Bid taker.

RGM Auction Terms and Conditions

Public Communications - Each attendee of the Auction shall be deemed to have consented to the issuance of press releases and other public communications by Seller(s), RGM Real Estate Co. or their agents regarding the Auction and the Properties offered or sold at the Auction. By executing these Auction Terms and Conditions each attendee of the Auction authorizes and consents to the recording of such attendees participation and appearance on video tape, audio tape, film, photograph or any other medium and the exhibition or distribution of such recording without restrictions or limitation for any promotional purpose which RGM Real Estate Co. and those acting pursuant to its authority, deem appropriate. Bidder here buy releases and discharges RGM, its officers, employees and agents, from any and all claims and demands arising out of or in connection with the use of such photographs, film or tape, including but not limited any claims for defamation or invasion of privacy. Subject to Seller Approval - All auctions are subject to court or seller approval. Buyers are not allowed possession until Closing and rendering of the deed, at which time the property should be re-keyed. If for any reason the court or Seller approval is not granted, the Down Payment shall be returned in its entirety to the high bidder. "Showing" requests from Buyers after the auction may not be able to be accommodated. In the event the winning bid amount is not immediately accepted by the Seller, RGM Real Estate Co. will inform the Winning Bidder that acceptance of their winning bid is subject to confirmation. Winning Bidder acknowledges and agrees that Winning Bidders purchase is subject to, and contingent upon, the Seller approving the purchase, which shall be given or denied at their sole and absolute discretion within 24 hours following the close of the Auction and execution of the Purchase Agreement by the Winning Bidder (for certain assets, other time frames may apply). Please review the RGM Real Estate Co. website and the purchase documentation for further information. Winning Bidder will receive a refund of monies deposited in the event Seller chooses to cancel the transaction. Default - If Winning Bidder fails to timely send Nonrefundable Deposit as set forth above, then RGM Real Estate Co. or Seller can declare the Winning Bidder to be in default. In such event, the Winning Bidder shall be subject to liquidated damages as set forth in the Purchase Agreement. Any further liability resulting from such default by Winning Bidder shall be controlled by the terms of the Purchase Agreement. Closing - All sales are expected to close with the escrow/closing agent or settlement attorney no later than fortyfive (45) days after the date of the Auction for all transactions unless extended (see Extensions below), unless otherwise specifically designated in the description of an individual Property and/or as otherwise may be set forth in the Purchase Agreement or any addenda thereto. Winning Bidders shall be required to pay closing costs, including, but not limited to, escrow/closing fees, recording fees, prorations, lenders title insurance premium and fees, loan fees, document preparation fees, documentary transfer taxes (or other taxes), and, if applicable for the Property, Homeowners Association fees, Condominium Association or other Association fees. Winning Bidders also may be required to pay additional fees and costs as provided in the Purchase Agreement. Please review the Auctions website and the purchase documentation for further information. Third Parties - RGM Real Estate Co. and/or seller(s) may provide and/or designate certain third parties to provide ancillary services in connection with a property Auction and/or links to the websites or services providers, or the products, or services of such third parties. These third parties operate independently of RGM Real Estate Co. and Seller and have established their own terms and conditions and polices. Bidder acknowledges and agrees that RGM Real Estate Co. and Seller(s) are not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Services.

BROKER:
RGM Real Estate Co. 43W987 Empire Road St. Charles IL 60175