808 Black Mountain Road, Ellijay, GA 30540

GENERAL AUCTION TERMS AND CONDITIONS:

AUCTION REGISTRATION: In order to register for the auction, you must have pre-inspected the property and must confirm that you have done your own inspection prior to registration. You must provide proof of funds from your bank that you have sufficient funds to cover the required earnest money down payment in order to obtain a bid number. This may be accomplished by faxing the proof of funds to 770-980-9383 or emailing to info@auctionebid.com, or you may bring the proof of funds to the site beginning one hour before the auction. Proof of funds consists of a copy, fax, or original of a current bank statement in bidder’s name showing sufficient funds for earnest money deposit.

PROPERTY INSPECTION: As noted in the Property Listing or contact listed AMC Sale Manager for inspection instructions.

BROKER PARTICIPATION INVITED: Unless noted otherwise in property listing or herein, a broker commission of twenty (20%) of Auctioneer commission will be paid on real estate. For most transactions, this will equate to a commission of two (2%) of the bid amount of that transaction. However, brokers must understand that on some transactions, total commissions paid may be smaller than ten (10%) of the bid amount. A commission will be paid to the properly licensed broker whose prospect purchases and closes on the real estate. To qualify for a commission, the Broker must register by mail, email, fax or hand delivery using the Broker Registration form posted to the website for the property listing prior to bidder registration. The registration form must be signed by the prospect and the Broker, and must be received at an office of Auction Management Corporation no later than 5:00 PM two (2) days prior to each auction via fax or mail. Broker must also attend the auction and sign the Auction Real Estate Sales Contract if their client is the winning bidder. Commissions to be paid only upon closing. A Broker cannot act as a principal and a broker on the same transaction.

AUCTION INFORMATION OFFICES: The auction information office is located at 1827 Powers Ferry Road, Building 5, Atlanta, Georgia 30339, phone (770) 980-9565. Fax: (770) 980-9383. Brochures, Auction Purchase and Sale Agreements, and other information may be obtained by calling the office, or by visiting our website at www.auctionEbid.com.

CONDUCT OF THE AUCTION: Online bidding (where available) will begin at the same time of the onsite auction. Onsite bidders may place their bids at the indicated auction time. The auction ends when the highest bid is recognized by the auctioneer. Bid increments and bidding methodology are subject to change at the sole discretion of Auctioneer.

TERMS OF SALE FOR REAL ESTATE: Winning bidders will pay an initial earnest money deposit of ten (10%) of the purchase price (bid amount plus buyer’s premium). Upon conclusion of the bidding, Buyers will sign an Auction Purchase and Sale Agreement (“PSA”). Successful online bidders will be emailed the Auction Purchase and Sale Agreement (“PSA”). Buyers will also submit the non refundable earnest money deposit to the Auction Management Corporation Escrow Account immediately following the auction. If a successful bidder is online, the earnest money must be delivered to the offices of Auction Management Corporation no later than Tuesday, May 8^th by 5pm EST. Online successful bidders not executing and returning their contract with earnest money deposit within 24 hours of the auction will be considered in default.

Closing must occur within 30 days following the auction or as stated in the listing unless extended in writing by mutual consent of the parties. Buyer not closing within the contractual time period to close may forfeit his/her earnest money deposit. Buyer shall execute an Auction Purchase and Sale Agreement for the property immediately after being declared the successful bidder by auctioneer. A form Auction PSA is available at our website and at the auction site prior to the auction. The Auction PSA which Buyer must sign at the auction contains an acknowledgment that Buyer has inspected the property prior to the auction, is relying solely on his/her inspection, and is purchasing the property As Is with all faults and without reliance on any warranty of any kind whatsoever. NO CHANGES WILL BE MADE TO SAID AUCTION PSA OR ANY EXHIBITS ATTACHED THERETO, AND BUYER WILL BE OBLIGATED TO EXECUTE AND DELIVER SAID AUCTION PSA ON AUCTION DAY. Provided, however, Seller reserves the right to modify or amend said Auction PSA, to complete blank sections, to attach appropriate exhibits, and to comply with state and local laws as may be enacted or amended from time to time.

All payments (i.e. Earnest Money, Closing Funds) must be in the form of cash, check, wire transfer or cashier’s check only.

AUCTION BID DEFAULT: In the event a winning bidder fails to submit the signed “Purchase and Sale Agreement” and earnest money deposit as provided in the pre-stipulated Auction Terms, the winning bidder will be charged an administrative fee of $20,000. Additional default remedies are reserved by Auction Management Corporation and the Seller as provided in the General Auction Terms & Conditions.

PRE-AUCTION OFFERS: Must be on cash terms, and must be submitted to Auctioneers no later than 48 hours prior to each bid deadline.

BUYER'S PREMIUM: Unless noted otherwise, all property will be sold with a ten (10%) percent buyer's premium. The bid amount plus buyer's premium equals the final purchase price. For example: A $100,000 bid, plus the $10,000 buyer's premium, equals the $110,000 final purchase price.

FINANCING: Please note that financing is NOT a contingency of this auction. Because financing is NOT a contingency, all potential bidders must make certain in advance that they are capable of obtaining the necessary financing to close the transaction.

PLATS/SKETCHES/DRAWINGS AND PHOTOS: Are not to be relied on. Existing legal descriptions are not guaranteed for complete accuracy. All acreage and dimensions are approximate and could be subject to change upon an actual field survey. All stakes, signs or flags indicating boundaries or location are for general location purposes only and are not to be construed as precise property corners.

KEYS: Neither Auctioneer nor Seller warrant key availability on any property. If available, keys will be provided at closing. However, Buyer is strongly advised to re-key the property immediately after closing.

AUCTION POWER OF ATTORNEY: For interested bidders who cannot attend the auction but would like to have a representative bid at the auction on their behalf, an Auction Power of Attorney can be obtained by contacting the Auction Information Office at (770) 980-9565.

TAX EXCHANGE: Seller and Purchaser agree that certain Sellers may effectuate 1031 Tax Exchanges on the property sold herein. Buyer will agree to cooperate and execute necessary documents to enable Seller to consummate said transactions.

EASEMENTS: All property sold is subject to recorded easements which include existing roads and planned roads, power line and other utility easements, ingress and egress easements, and other easements of record.

BUYER'S NOTE: Personal on-site inspection of the property is strongly recommended. Failure to inspect property prior to auction does not relieve purchaser of contractual obligations of purchase. Property sells As Is - Where Is with no warranties expressed or implied. Real property to be conveyed by limited or special warranty deed. Only the following sale closing costs will be paid by seller: (1) Commissions or brokerage fees to auctioneer and/or cooperating Brokers as set forth in separate agreement with auctioneer, and as established in these Terms and Conditions; (2) reasonable title corrective expenses, in Seller’s sole determination; and (3) prorated property taxes and back taxes due, if any. All other closing costs, including but not limited to surveys, title examination, tax stamps, loan closing costs, and closing attorney fees are at the expense of the Buyer. Unless noted otherwise, Buyers pay all closing fees charged by closing attorney.

Information was gathered from reliable sources and is believed to be correct as of the date this brochure is published; however, this information has not been independently verified by sellers or auctioneers. Its accuracy is not warranted in any way. There is no obligation on the part of Seller or Auctioneer to update this information. ALL ANNOUNCEMENTS MADE AT THE AUCTION TAKE PRECEDENCE OVER ALL ADVERTISING. The seller does not have any liability whatsoever for any oral or written representations, warranties or agreements relating to the property except as expressly set forth in the Auction PSA. There is no minimum starting bid required on any unit. Bid increments are at the sole discretion of auctioneer. Property not indicated in the listings as selling regardless of price are sold with reserve. Bidder acknowledges that Seller and Auctioneer and their employees, agents, affiliates, and associates reserve the right to place bids on properties sold with reserve up to the seller’s reserve price, at their sole discretion. Neither Seller, Auctioneer, nor their representatives may bid above the reserve price. There is no obligation on the part of the Seller to accept any backup bids in the event the high bid falls through.

CLOSING: Closing must occur at the offices of Lane & Karlo, 1827 Powers Ferry Road, Bldg 5, Atlanta, GA 30339 – phone 770-952-3388. Unless noted otherwise, Buyer to pay all closing fees charged by Seller-designated closing attorney.

FOR DETAILED INFORMATION VISIT OUR WEBSITE AT www.auctionEbid.com or contact:

SALE MANAGER: Scott Schwartz at 404-550-3490 or scott@auctionebid.com

From the Square in Ellijay, take GA 2/GA 52 (Chatsworth Highway) for approximately 5 miles, turn right on Gates Chapel Road, go approximately 1.2 miles, turn right on Zion Hill Road, go approximately 3 miles, turn left on William Sluder Road, go thru gate on William Sluder, road becomes Black Mountain Road, follow to dead end/gate. Gates will not be open unless an appointment has been scheduled.

If you are using Mapquest, Garmin or any other GPS device, the property may come up as BlackS (with an S), not Black Mountain Road. As per the Gilmer County Tax Assessor, the property is listed as Black Mountain Road but, appears to GPS as Blacks Mountain Road.