Common use of AUCTION TERMS AND CONDITIONS Clause in Contracts

AUCTION TERMS AND CONDITIONS. Xxxxx agrees to comply with all auction terms and conditions and announcements made on date of sale and acknowledges receipt of the Real Estate Bidder’s Package on day of sale. The Buyer’s decision to purchase is based upon Xxxxx’s own due diligence rather than upon any information provided by Seller and Xxxxx & Associates, Inc., their agents and representatives. AS IS WHERE IS: The Property shall be sold “AS IS-WHERE IS” and “WITH ALL FAULTS” without representation or warranty of any kind including, without limitation, warranties of suitability for a particular purpose, warranties relating to zoning, structural integrity, physical condition, or environmental condition of all or any part of the Property, SUBJECT TO conditions, restrictions, rights-of-way, easements, reservations, agreements and other conditions contained in the chain of title thereof or any unrecorded conditions affecting the Property. Neither Seller nor Agent has made any verbal or written promises, representations, warranties or agreements to Buyer or Buyer’s agents, employees, or representatives. Xxxxx’s decision to purchase is based upon Xxxxx’s own due diligence, investigations, inquiries, and inspections, rather than upon any information provided by Agent or Seller. Neither Seller nor Agent shall be liable to Buyer for monetary damages or specific performance for any reason or cause. Buyer hereby releases and holds Seller and Agent harmless from any claims or actions by Xxxxx after closing, it being understood that it is Xxxxx’s responsibility to perform due diligence prior to the Auction. Furthermore, Buyer hereby waives any and all claims for any subsequently discovered environmental matters whatsoever and to any and all physical characteristics and existing conditions of the Property, including, without limitation, any hazardous material, hazardous substances, contaminants, pollutants, or asbestos containing materials in, at, on, under or related to the Property. FACSIMILIE: To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. Additionally, the parties hereto hereby covenant and agree that, for purposes of facilitating the execution of this Agreement, (i) the signature pages taken from separate individually-executed counterparts of this Agreement may be combined to form multiple fully-executed counterparts, (ii) a facsimile signature shall be deemed to be an original signature and (iii) a telecopy delivery (i.e., the transmission by any part of his, her or its signature on an original or any copy of this Agreement via telecopy, fax machine or email) shall be deemed to be the delivery by such party of his, her or its original signature hereon. All executed counterparts of this Agreement shall be deemed to be originals, but all such counterparts taken together or collectively, as the case may be, shall constitute one and the same agreement.

AUCTION TERMS AND CONDITIONS. Buyer hereby acknowledges and agrees that Xxxxx is relying solely upon the inspection, examination and evaluation of the Property by Buyer or its representative(s). This Property is being sold “AS IS, WHERE IS”. Seller makes no warranty or representation regarding the Property, express, implied or arising by operation of law, including but in no way limited to any warranty of condition, habitability, merchantability or fitness for a particular purpose. Xxxxx agrees to comply with all auction terms and conditions and announcements made on date of sale and acknowledges receipt of the Real Estate Bidder’s Package on day of sale, and the Title Commitment enclosed therewith. The Buyer’s decision to purchase is based upon Xxxxx’s own due diligence rather than upon any information provided by Seller and and/or Xxxxx & Associates, Inc., their its agents and representatives. AS IS WHERE IS: The Property shall be sold “AS IS-WHERE IS” and “WITH ALL FAULTS” without representation or warranty of any kind including, without limitation, warranties of suitability for a particular purpose, warranties relating to zoning, structural integrity, physical condition, or environmental condition of all or any part of the Property, SUBJECT TO conditions, restrictions, rights-of-way, easements, reservations, agreements and other conditions contained in the chain of title thereof or any unrecorded conditions affecting the Property. Neither Seller nor Agent has made any verbal or written promises, representations, warranties or agreements to Buyer or Buyer’s agents, employees, or representatives. Xxxxx’s decision to purchase is based upon Xxxxx’s own due diligence, investigations, inquiries, and inspections, rather than upon any information provided by Agent or Seller. Neither Seller nor Agent shall be liable to Buyer for monetary damages or specific performance for any reason or cause. Buyer hereby releases and holds Seller and Agent harmless from any claims or actions by Xxxxx after closing, it being understood that it is Xxxxx’s responsibility to perform due diligence prior to the Auction. Furthermore, Buyer hereby waives any and all claims for any subsequently discovered environmental matters whatsoever and to any and all physical characteristics and existing conditions of the Property, including, without limitation, any hazardous material, hazardous substances, contaminants, pollutants, or asbestos containing materials in, at, on, under or related to the Property. FACSIMILIEFACSIMILIES/ELECTRONIC COPIES: To facilitate execution, this Agreement may be executed in any number of counterparts as may be convenient or necessary, and it shall not be necessary that the signatures of all parties hereto be contained on any one counterpart hereof. Additionally, the parties hereto hereby covenant and agree that, for purposes of facilitating the execution of this Agreement, (i) the signature pages taken from separate individually-executed counterparts of this Agreement may be combined to form multiple fully-executed counterparts, (ii) a facsimile signature shall be deemed to be an original signature and (iii) a telecopy delivery (i.e., the transmission by any part of his, her or its signature on an original or any copy of this Agreement via telecopy, fax machine or email) shall be deemed to be the delivery by such party of his, her or its original signature hereon. All executed counterparts of this Agreement shall be deemed to be originals, but all such counterparts taken together or collectively, as the case may be, shall constitute one and the same agreement...