TERMS AND CONDITIONS 

1. Any person who registers or bids at this auction (the “Bidder”) agrees to be bound by these Terms and Conditions and any auction announcements. A bid placed by Bidder will be deemed conclusive proof that Bidder has read, understands, and agrees to be bound by these Terms and Conditions. 
   
   
2. Auction announcements or postings take precedence over anything previously stated or printed, including these Terms and Conditions. In the event of a conflict between these Terms and Conditions and any other rules, terms, or agreements governing the use of the online bidding platform, these Terms and Conditions govern.
    
3. The real estate offered for sale at auction (the “Real Estate”) is legally described in the Contract for Purchase and Sale, a copy of which is available for inspection from Musser Bros. Inc. (“Musser”) at Bidder’s request.
    
4. The Real Estate is not offered contingent upon inspections. The Real Estate is offered at public auction in its present, “as is where is” condition and is accepted by Bidder without any expressed or implied warranties or representations from the owner of the Real Estate (the “Seller”) or Musser, including, but not limited to, the following: the condition of the Real Estate; the Real Estate’s suitability for any or all activities or uses; the Real Estate’s compliance with any laws, rules, ordinances, regulations, or codes of any applicable government authority; the Real Estate’s compliance with environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements; the disposal, existence in, on, or under the Real Estate of any hazardous materials or substances; or any other matter concerning the Real Estate. It is incumbent upon Bidder to exercise Bidder’s own due diligence, investigation, and evaluation of suitability of use for the Real Estate prior to bidding. It is Bidder’s responsibility to have any and all desired inspections completed prior to bidding including, but not limited to, the following: roof; structure; termite; environmental; survey; encroachments; groundwater; flood designation; presence of lead-based paint or lead based paint hazards; presence of radon; presence of asbestos; presence of mold; electrical; appliances; heating; air conditioning; mechanical; plumbing (including water well, septic, or lagoon compliance); sex offender registry information; flight patterns; or any other desired inspection. Bidder acknowledges that Bidder has been provided an opportunity to inspect the Real Estate prior to the auction and that Bidder has either performed all desired inspections or accepts the risk of not having done so. Any information provided by Seller or Musser has been obtained from a variety of sources. Seller and Musser have not made any independent investigation or verification of the information and make no representation as to its accuracy or completeness. In bidding on the Real Estate, Bidder is relying solely on Bidder’s own investigation of the Real Estate and not on any information provided or to be provided by Seller or Musser.
   
   
5. Notwithstanding anything herein to the contrary, to the extent any warranties or representations may be found to exist, the warranties or representations are between Seller and Bidder. Musser may not be held responsible for the correctness of any such representations or warranties or for the accuracy of the description of the Real Estate. 
   
   
6. It is the sole responsibility of Bidder to monitor Musser’s website with respect to any updates or information regarding any Real Estate on which Bidder is bidding.  Bidder acknowledges that information regarding the Real Estate may be updated or changed on Musser’s website at any time prior to the conclusion of bidding and that Bidder has timely reviewed the Real Estate information or assumes the risk of not having done so.   
   
   
7.  Once submitted, a bid cannot be retracted. 
   
   
8. There will be a 6% buyer’s premium added to the final bid. The buyer’s premium, together with the final bid amount, will constitute the total purchase price of the Real Estate. 
   
   
9. The Real Estate is not offered contingent upon financing. 
   
   
10.  In the event that Bidder is the successful bidder, Bidder must immediately execute the Contract for Purchase and Sale and tender a 10% nonrefundable earnest money deposit in the form of cash, check, or immediately available, certified funds and in the amount set forth by Musser, by 4:00 p.m. (PDT) on the business day following the auction. The balance of the purchase price will be due in immediately available, certified funds at closing on the specified closing date. The Real Estate must close within 45 days of the date of the auction, or as otherwise agreed to by Seller and Bidder. 
    
    
11. These Terms and Conditions, especially as they relate to the qualifications of potential bidders, are designed for the protection and benefit of Seller and do not create any additional rights or causes of action for Bidder. On a case-by-case basis, and at the sole discretion of Seller or Musser, exceptions to certain Terms and Conditions may be made. 
    
    
12. In the event Bidder is the successful bidder at the auction, Bidder’s bid constitutes an irrevocable offer to purchase the Real Estate and Bidder will be bound by said offer. In the event that Bidder is the successful bidder but fails or refuses to execute the Contract for Purchase and Sale, Bidder acknowledges that, at the sole discretion of Seller, these Terms and Conditions together with the Contract for Purchase and Sale executed by the Seller are to be construed together for the purposes of satisfying the statute of frauds and will collectively constitute an enforceable agreement between Bidder and Seller for the sale and purchase of the Real Estate. 
    
    
13. It is the responsibility of Bidder to make sure that Musser is aware of Bidder’s attempt to place a bid. Musser disclaims any liability for damages resulting from bids not spotted, executed, or acknowledged. Musser is not responsible for errors in bidding and Bidder releases and waives any claims against Musser for bidding errors. 
    
    
14. Bidder authorizes Musser to film, photograph, or otherwise record the auction or components of the auction process and to use those films, recordings, or other information about the auction, including the sales price of the Real Estate, for promotional or other commercial purposes. 
    
    
15. Broker/agent participation is invited. Broker/agents must pre-register with Musser by returning the completed the Broker Registration Form no later than 4 p.m. on the business day prior to the either the auction or scheduled closing time for an online auction, as the case may be. The Broker Registration Form is available on Musser’s website. 
    
    
16. Musser is acting solely as agent for Seller and not as an agent for Bidder. Musser is not a party to any Contract for Purchase and Sale between Seller and Bidder. In no event will Musser be liable to Bidder for any damages, including incidental or consequential damages, arising out of or related to this auction, the Contract for Purchase and Sale, or Seller’s failure to execute or abide by the Contract for Purchase and Sale.  
    
    
17. Neither Seller nor Musser, including its employees and agents, will be liable for any damage or injury to any property or person at or upon the Real Estate. Any person entering on the premises assumes any and all risks whatsoever for their safety and for any minors or guests accompanying them. Seller and Musser expressly disclaim any “invitee” relationship and are not responsible for any defects or dangerous conditions on the Real Estate, whether obvious or hidden. Seller and Musser are not responsible for any lost, stolen, or damaged property.
    
    
18. Musser has the right to establish all bidding increments. 
    
    
19. Musser may, in its sole discretion, reject, disqualify, or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent, or made in violation of these Terms and Conditions or applicable law. 
    
    
20. Bidder represents and warrants that they are bidding on their own behalf and not on behalf of or at the direction of Seller. 
    
    
21. The Real Estate is offered for sale to all persons without regard to race, color, religion, sex, handicap, familial status, or national origin. 
    
    
22. These Terms and Conditions are binding on Bidder and on Bidder’s partners, representatives, employees, successors, executors, administrators, and assigns. 
    
    
23. In the event that any provision contained in these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions of the Terms and Conditions will not be in any way impaired. 
    
    
24. When creating an online bidding account, Bidder must provide complete and accurate information. Bidder is solely responsible for maintaining the confidentiality and security of their online bidding account and accepts full responsibility for any use of their online bidding account. In the event that Bidder believes that their online bidder account has been compromised, Bidder must immediately inform Musser at info@mbauction.com. 
    
    
25. Bidder uses the online bidding platform at Bidder’s sole risk. Musser is not responsible for any errors or omissions relating to the submission or acceptance of online bids. Musser makes no representations or warranties as to the online bidding platform’s uninterrupted function or availability and makes no representations or warranties as to the online bidding platform’s compatibility or functionality with Bidder’s hardware or software. Neither Musser or any individual or entity involved in creating or maintaining the online bidding platform will be liable for any damages arising out of Bidder’s use or attempted use of the online bidding platform, including, but not limited to, damages arising out of the failure, interruption, unavailability, or delay in operation of the online bidding platform. 
    
    
26. The ability to “pre-bid” or to leave a maximum bid prior to the start of the auction is a feature offered solely for Bidder’s convenience and should not be construed as a call for bids or as otherwise beginning the auction of any particular lot. Pre-bids will be held by Musser until the auction is initiated and will not be deemed submitted or accepted by Musser until the auction of the particular lot is formally initiated by Musser.  
    
    
27. In the event of issues relating to the availability or functionality of the online bidding platform during the auction, Musser may, in its sole discretion, elect to extend the scheduled closing time of the auction.  
    
    
28. In the event that Bidder is the successful bidder but fails to comply with Bidder’s obligations as set out in these Terms and Conditions by 4:00 p.m. (PDT) on the business day following the auction, then Bidder will be in breach of these Terms and Conditions and Musser may attempt to resell the Real Estate to other potential buyers. Regardless of whether Musser is able to successfully resell the Real Estate to another buyer, Bidder will remain liable to Seller for any damages resulting from Bidder’s failure to comply with these Terms and Conditions. 
    
    
29. Bidder may not use the online bidding platform in any manner that is a violation of these Terms and Conditions or applicable law, or in any way that is designed to damage, disable, overburden, compromise, or impair the function of the online bidding platform, the auction itself, or any other party’s use or enjoyment of the online bidding platform.  
    
    
30. These Terms and Conditions are to be governed by and construed in accordance with the laws of Washington, but without regard to Washington’s rules governing conflict of laws. Exclusive venue for all disputes lies in Franklin County, Washington.  Bidder submits to and accepts the jurisdiction of such courts.