Live On Location Real Estate Terms:  $5,000.00 down payment day of auction in cashiers or pre-approved check.  Title insurance and warranty deed furnished at closing,  closing within 30 days. 10% buyers premium.    Property Sold “As, Where is”.  Sells subject to Judge approval.

Walter Thomson Estate  – Charles Yeargan – Attorney for Seller, for information contact Auctioneer/Real Estate Broker: Nick Fowler at 870-356-4848

Buyer will have 20 days from day of auction to move the mobile home.

Announcements made day of sale take precedence over all advertising.

Live On Location Personal Property Terms: Cash, Good Check, Visa/MC (3% Convenience fee), due day of auction.  Only the 3 following items will have a 10% buyer premium, the 1953 Harley Davidson Motorcycle, 2000 Chevrolet Mini Van, and 1984 14×56 Mobile Home. All sales are final, sold “as is, where is”. There are no returns, refunds, or adjustments. Fowler Auctioneers does not ship, buyer will have until Thursday April 28th to pick your items up at auction location 65 Burke Rd. Glenwood, AR 71943. Buyer will have 20 days from day of auction to move the mobile home.

Online Bidding Real Estate Terms: $5,000 Down at the conclusion of the auction or next business day in the form of a wire transfer (see down payment instructions below) , balance due at closing within 30 days, title insurance and warranty deed furnished at closing, 10% buyer premium. Property Sold “as is, where is”, Announcements made day of sale take precedence over all advertising.

Online Bidding Personal Property Terms: Payment due at the conclusion of the auction or next business day in the form of wire transfer. A member of the Fowler Auctioneers team will contact you for payment instructions, MUST have a valid phone number and email address at registration.   All sales are final, sold “as is, where is”. There are no returns, refunds, or adjustments. 10% buyer premium will be charged on the 1953 Harley Davidson Motorcycle, 2000 Chevrolet Mini Van, and 1984 14×56 Mobile Home. Mobile Home will be offered separately from the real estate. Buyer will have 20 days from day of auction to move the mobile home.

Shipping: Fowler Auctioneers, Inc. does not ship, you must pick up your items at: 65 Burke Rd. Glenwood, AR 71943 – buyer will have until Thursday April 28th to pick your items up.

Real Estate DOWN PAYMENT is non-refundable and must be paid in full via Wire Transfer at the conclusion of the auction or next business day with the balance due in 30 days at closing. Purchaser will receive a general warranty deed at closing.  Seller will provide purchaser an “owners” title insurance policy at closing. Buyer and Seller will be responsible for their closing cost. Bids from online pre-bidding will convey to live auction.  Participation Requirements: Valid credit card required for bidding approval, name, valid address, and valid email address. NO EXCEPTIONS!! All property is sold ‘AS IS’ .  There will be a $20.00 fee assessed for the wire transfer. Buyer’s Contract:   Your bids placed on the Fowler Auctioneers, Inc. website/bidding platform are a contract and you are responsible for paying all amounts due. The Seller/Fowler Auctioneers, Inc. has the right to accept or reject any and all bids/offers.

(Real Estate sells subject to Judge approval)  Pre-Online bids will convey to live Auction – Sunday, April 24th at 1:00pm

(Real Estate will sell at 2:30 pm the mobile home, motorcycle and van to follow.)

1. Fowler Auctioneers, Inc., hereinafter referred to as “Agent”, is the exclusive agent for the Seller of both “personal” and “real” property items at any auction.  Agent does not in any way represent the interest of any Bidder/Buyer. No third-party broker is acting as a sub-agent of the Agent, unless specifically disclosed.
2. All announcements made the day of the auction are controlling over any printed terms, conditions, fliers, advertisements, or representations made prior to the auction.

3. DUE DILIGENCE: Seller and Agent do not attempt to provide Bidder with all of the information Bidder may need to make an informed decision about the Auction and Property.  Bidder should obtain professional advice and conduct due diligence on the Property, title commitment, public records, Terms of Auction, Auction, Sale Contract, transaction contemplated, and all circumstances, defects, facts, issues, matters, problems, and other relevant matters (collectively “Property Issues”).  All information provided by Agent comes from Seller and is believed to be accurate, but neither Seller nor Agent guarantees, represents, or warrants its accuracy or completeness and Bidder should not rely upon it without independent inspection and verification from sources Bidder knows to be reliable.  Seller and Agent are not required to update any information provided or published and shall have no liability on any basis for failing to do so.

4. All property/items are sold “As-Is, Where-Is” with no warranty whatsoever, expressed or implied. The Agent is not responsible for items after sold.  All items should be inspected to the Bidders/Buyers satisfaction.

5. Some of the items may be sold subject to seller confirmation. The Agent reserves the right to bid on behalf of the seller if necessary.

6. Participation in the Auction is at Bidder’s sole risk. Seller and Agent, plus their agents, contractors and employees, shall have no liability on any basis.  All Real Property is offered in a “AS IS, WHERE IS” condition.  To the fullest extent allowed by law, Seller and Agent unconditionally disclaim any guarantee, representation, or warranty of every  kind, whether expressed, implied or statutory, whether oral or written, whether past, present, or future, with respect to all property Issues, except as expressly provided in the Sales Contract.

7. DISCLOSURES: The Property will be offered for the sale and conveyed subject to all conditions, covenants, deeds, easements, reservations, restrictions, right-of-way, title exceptions and matters of record.  Maps, depictions and sketches in any materials related to the Property are for illustrations purposes only and Seller and Agent do not guarantee, represent, or warrants their accuracy or completeness, Residential dwellings built prior to 1978 may include lead-base paint.  Buyer of such Property must immediately execute a “Lead-Based Paint Waiver” in favor of Seller to be made part of the Sale Contract, thereby waiving Buyer’s right to conduct any risk assessment or inspection for lead-based paint hazards.  Every Bidder should read and understand lead hazard information pamphlet provided and the “Lead Warning Statement” in the Sale Contract.

8. REGISTRATION: Any competent adult with a satisfactory photo identification who properly registers and complies with the Terms of Auction may bid.  Agent may refuse to register or expel any person who is disruptive, noncompliant, or previously caused a problem for Seller or Agent.  Bidder must present a cashier’s check in the amount specified under “Terms on Real Estate” to Agent at registration.  This must be in the form of cashier’s check, made payable to Bidder.  Any person intending to bid on behalf of another must present Agent with an executed, enforced, recorded ad unexpired power of attorney which is subject to Agent’s approval.  The requirement for Bidder registration may be waived by acknowledges receipt of the Terms of Auction and access to the Sale Contract and unconditionally and irrevocably agrees to be bound by both.

9. BUYER’S PREMIUM: a ten-percent (10%) buyer’s premium shall be in effect for the Auction and added to the amount of the highest bid to arrive at the total and final price for the Property (“Total Contract Price”).   If the Bidder/Buyer submits a top bid of $100.00, the contract purchase price will be $110.00, not $100.00, and the contract purchase price shall be due in accordance with the terms stated herein.

10. Agent’s discretion includes, but is not limited to, the auction method, bid-calling, bid increments and determining the buyer. The decision of Agent is final regarding all matters that arise before, during, or after the Auction.  Sellers shall not bid. Bidder shall not retract any bid.  Bidder’s purchase shall be considered a single transaction whether of the whole or a fraction of the Property.  The sale of any fraction of the property shall not be contingent upon the sale of any other portion thereof, whether purchased by the same Buyer or not.

11. SALE CONTRACT: This is a cash sale and not contingent upon any matter, including Buyer obtaining financing.  Buyer shall immediately execute the Sale Contract and all related documents presented by Agent to bind Bidder and Seller to the sale of the property.  Any Buyer purchasing on behalf of a business or arm of government (“artificial person”) shall immediately execute the Sale Contract in both the artificial person’s and buyer’s names, until such time as the artificial person presents Agent with acceptable, written evidence of the artificial person’s good standing in its state of formation, plus written authority, in a form acceptable to Agent, agreeing to be bound by the Sale Contract.  The Terms of the Auction are incorporated into the Sale Contract which defines the entire agreement between them, the Sale Contract shall control in all instances.  Buyer shall execute the Sale Contract and no additions, deletion, or revision shall be permitted.

12. DEPOSIT: Buyer shall immediately pay Fowler Real Estate and Liquidation Auctioneers, Inc. a cashier’s check in the amount specified under “Terms on Real Estate”.  If for any reason Buyer fails to timely execute the Sale Contract or pay the deposit, Seller has sole discretion, to: (A) pursue all legal and equitable remedies available against Buyer, or (B) declare Buyer’s bid to be immediately forfeited, null and void, without any requirement of notice, and immediately re-sell the Property to another buyer.

13. ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out of the Property Issues and involving Seller, Bidder, Buyer, or Agent, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of the agreement of arbitrate, shall first be determined and resolved by arbitration prior to any court action being filed.  Failure by any party to first submit to arbitration shall be grounds for dismissal from Circuit Court or Federal Court.  Judgment on the arbitration award may be entered in any court having jurisdiction.  The cost of arbitration, including the fees and expenses of the arbitrators, but not including the parties’ attorneys’ fees, shall initially be paid equally by them.  The prevailing party shall be entitled to collect from the other its full cost associated with the arbitration, including reasonable attorneys’ fees.  All aspects of any arbitration shall be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the parties shall jointly move the court entering judgment on the arbitration awarded to so order.  Any arbitration must be commenced within two (2) years from the date when the cause of arbitration accrues or it will be forever barred.  The right of arbitration shall accrue, and the two (2) year limitation period shall begin to run on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered.

14. CHOICE OF LAW, JURISDICTION AND VENUE: Any Auction matter shall be exclusively construed and governed in accordance with the laws of the State of Arkansas.  The exclusive jurisdiction and venue for any controversy or claim between the parties shall be in Pike County, Arkansas.

15. MISCELLANEOUS: The Terms of Auction shall be bind Bidders and their agents, assigns, attorneys, beneficiaries, directors, distributors, employees, executors, heirs, legatees, officers, representatives, shareholders and successors in interest.  No deletion, modification, supplement, or waivers of any provisions of the Terms of Auction shall be made, except by Agent’s written revision or announcement at the Auction

16. EXCLUSION/DISCLAIMER OF WARRANTY: Neither Seller nor Auctioneer makes any representations or warranties as to the accuracy or completeness of any information contained online at the Auction website, in the Auction brochure or available at the Property and/or the Auction.

17. Upon 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 condition thereof and has conducted such investigation of the Property as the Bidder has considered appropriate, (b) neither Auctioneer nor 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, 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 Auction website, in the Auction brochure or the information provided or made available by Auctioneer, or by Seller, or their respective agents, employees or representatives, and (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. Upon registering as a Bidder and bidding during the Auction, each Bidder shall also be deemed to represent, warrant and agree that (x) 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, in the Auction brochure and in the information being made available to Bidder by Sellers and Auctioneer, was obtained from a variety of sources and that Sellers and Auctioneer have not made any independent investigation or verification of such information, and make no representations as to the accuracy or completeness of such information, (y) without limiting the generality of the foregoing, neither Auctioneer 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, and (z) Sellers and Auctioneer 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.