A. METHOD OF SALE: This property is being sold at PUBLIC AUCTION. This property sells at $30,000 or above. This means that at any price in excess of $30,000 when the Auctioneer announces "SOLD," that high and final bid will be the sale price of this property.

B. The Auctioneer is the sole representative for the Seller.

C. The property to be conveyed shall be the main residence and 0.37 acres.

D. No representation is made as and no adjustment in price shall be applied in the event the land to be conveyed is less than estimated.

E. TITLE DOCUMENTS: The successful bidder shall be furnished with a copy search and any closing re-date shall be the responsibility of the Buyer. NO SURVEY IS TO BE PROVIDED TO THE BUYER. IT IS THE BUYER’S RESPONSIBILITY AT BUYERS COST TO SURVEY AND SUBDIVIDE THE PARCEL IF SO REQUIRED BY LOCAL ORDINANCES.

F. MARKETABILITY OF TITLE: the premises are being sold "AS IS - WHERE AT" without warranties or guarantees, in its present condition and no warranties as to physical condition are made either by the Owner or Auctioneer and subject to:

(a) any restrictions, covenants and easements of record;

(b) all rights of the public and others in and to any part of the premises that lay within the bounds of any street, alley or highway;

(c) any state of facts that an accurate instrument survey and inspection of the premises might disclose;

(d) any and all tenancies, possessory interests and/or leases affecting said premises;

(e) any variance in the actual acreage of the parcels to be sold from that as advertised or shown on any tax map, (no representation being made as to the exact acreage).

(f) any violations, zoning regulations and ordinances or building codes of the Town, Village or County in which the premises are located.

(g) the right of redemption of the United States of America (if any).

(h) any state of facts an environmental audit of the premises might disclose.

G. DEPOSIT: The successful bidder shall deposit $5000 or 10% of the purchase price, whichever is greater, with the Real Estate Broker, which deposit shall be forfeited in the event the Buyer fails to close. The balance of the purchase price will be required to be paid to Richard G. Brocklebank, Esq., 52 North Main Street, Canandaigua, New York, at closing on or before November 14, 2001 when the Warranty Deed will be ready.

G. FINANCING: This property is NOT being offered "SUBJECT TO FINANCING." Prospective purchasers must prearrange financing prior to auction participation. Full payment to the seller is expected and required at closing.

H. NOTICE OF CLOSING: The Seller is not required to send any notice to the successful bidder, and if she or he neglects to call at the time and place above specified, to receive the deed, she/he will be charged with interest thereafter on the whole amount of his purchase, unless the Seller shall deem it proper to extend the time for the completion of said purchase.

I. CLOSING EXPENSES: Title insurance, if any, shall be paid for by the purchaser. The cost of any revenue stamps to be attached to the Trustee’s deed shall be paid for by the purchaser. All abstract of title continuation and/or other charges, including survey charges and all deed/Gains tax/SBEA Form recording fees, are to be paid for by the purchaser.

J. MEMORANDUM OF SALE: The successful bidder of such premises, will, at the time and place of sale, sign a memorandum of her/his purchase, and an agreement to comply with the terms and conditions herein contained.

K. BIDDER’S LIABILITY FOR FAILURE TO CLOSE: The bidding will be kept open after the property is struck down, and in case any purchaser shall fail to comply with any of the above conditions of sale, the premises so struck down to will be sold to the second highest bidder, without application to the court; and the original purchaser, in addition to the forfeiture of her/his deposit, shall be held liable for any deficiency there may be between the sum for which said premises shall be struck down upon the sale and the amount of the next highest price paid in resale, and also for all costs and expenses occurring on such resale.

L. Statements, if any, made the day of the auction take precedent over any information contained in this material.

M. The Auctioneer and Seller shall remain forever immune from any and all liability concerning any personal injury or property damage occurring before or after the auction, no matter what the cause.

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