Exhibit A<br>
<br>
Terms and Conditions of Real Estate Auction<br>
<br>
<br>
Elzerman Greenhouse Auction Webberville, Mi <br>
Tuesday, July 19, 2011<br>
<br>
1. Bidding will remain open until the close of the auction. Bidding will be on a lump sum basis.<br>
<br>
2. A Buyer’s Premium of 10% of the successful bid will be due from the Buyer at closing. Please take this into consideration when bidding. <br>
<br>
3. Buyer(s) must be prepared to make a cash offer. No financing is available. Not being sold subject to buyer(s) obtaining financing. Buyer(s) must be capable of paying cash at closing.<br>
<br>
4. 10 % (non-refundable) deposit must be presented upon signing this offer in the form of cash, certified or personal check. This earnest money deposit must be received within 48 hrs of the close of the auction. Balance of purchase price is due at close of sale, which shall be approximately 45 days after Auction Date, or as soon thereafter as applicable closing documents are completed. <br>
<br>
5. Real Estate and all equipment is sold subject to Seller(s) acceptance or rejection. Auctioneers and sales agents reserve the right to negotiate final sales price on behalf of the seller.<br>
<br>
6. All Sheridan Realty & Auction Co. Online Only Auctions are timed events that have an auto-extend feature. Any bid placed on an item within 5 minutes of the auction ending will automatically extend the auction for 5 minutes on that item. Example: If an auction scheduled to end at 6:00 pm receives a bid at 5:59 pm, the close time of the auction automatically extends to 6:05 pm. The auto-extend feature remains active on a per-item basis until no further bids are received within the 5 minute time frame.<br>
<br>
7. Buyer acknowledges they are buying property in AS-IS condition, without inspections or contingencies.<br>
<br>
8. By signing an offer, Buyers will be waiving the 10 day lead based paint test. <br>
<br>
9. Possession shall be given to the successful Buyer(s) 60 days after auction date.<br>
<br>
10. Taxes and Assessments billed after June 2011 shall be the responsibility of the buyer, there will not be a tax proration.<br>
<br>
11. Real Estate is sold subject to any and all existing matters of record, and all easements, building use or zoning laws and regulations. <br>
<br>
12. Real Estate is sold subject to tenant’s rights. 2010 growing crops and harvesting rights belong to tenant.<br>
<br>
13. Earnest Money Deposit is non-refundable.<br>
<br>
14. All acreages, dimensions, and boundaries are approximate and have been determined by legal descriptions.<br>
<br>
15. The closing fee charged by Title Company will be shared equally between buyer(s) and seller(s)<br>
<br>
16. Full settlement for all personal property including greenhouse structures shall be made on Wednesday, July 20th 2011. If greenhouse structures are bought in combination with the real estate, (tract 1) the total bid will be closed on with the real estate timeline and terms and the sale price will be the total of all the tracts.<br>
<br>
17. Load out schedule: All personal property, tools and misc shall be paid for and removed on Wednesday July 20th between 10am and 2pm. The benches in greenhouses purchased separate from the houses must be removed by Friday, July 29, 2011. Greenhouse structure buyers may begin removing houses after August 1st and fully removed by August 19, 2011.<br>
<br>
18. Greenhouses shall be removed in a courteous manner. Most of the smaller houses can be pulled out of the ground, and holes filled in. The gutter connected greenhouses shall but cut at the concrete level. The existing concrete or sidewalks shall not be disturbed unless agreed to by seller. Thank you in advance for your cooperation.<br>
<br>
19. Seller shall disconnect all gas and electric service prior to load out.<br>
<br>
20. Buyer must provide a copy of liability coverage for employees or personal tearing down greenhouse structures and must name seller as additional insured. Call office for details, 517-676-9800<br>
<br>
21. Seller(s) will provide an owner’s policy of title and convey title with a covenant Deed.<br>
<br>
22. If the property sells in tracts, the Seller shall provide a new perimeter survey. Seller and the successful bidder shall each pay half (50:50) of the cost of the survey.<br>
<br>
23. Sheridan Realty & Auction Co. and their representatives are Exclusive Agents of the Sellers.<br>
<br>
24. In order to be recognized as a buyer’s agent and receive co-op commission you must pre-register your buyers with the Auction Company 24 hours prior to the Auction Date. Agents who fail to pre-register their buyers will not be recognized as buyer agents and will NOT be entitled to a co-op commission. Broker cannot act as a principal and broker on the same transaction. Contact Sheridan Realty & Auction Co. for details.<br>
<br>
25. The terms and covenants of the purchase agreement, including these additional terms (Exhibit A), shall survive closing and shall bind and the benefits shall inure to the heirs, successors, representative and assigns of the Parties.
<br>
Terms and Conditions of Real Estate Auction<br>
<br>
<br>
Elzerman Greenhouse Auction Webberville, Mi <br>
Tuesday, July 19, 2011<br>
<br>
1. Bidding will remain open until the close of the auction. Bidding will be on a lump sum basis.<br>
<br>
2. A Buyer’s Premium of 10% of the successful bid will be due from the Buyer at closing. Please take this into consideration when bidding. <br>
<br>
3. Buyer(s) must be prepared to make a cash offer. No financing is available. Not being sold subject to buyer(s) obtaining financing. Buyer(s) must be capable of paying cash at closing.<br>
<br>
4. 10 % (non-refundable) deposit must be presented upon signing this offer in the form of cash, certified or personal check. This earnest money deposit must be received within 48 hrs of the close of the auction. Balance of purchase price is due at close of sale, which shall be approximately 45 days after Auction Date, or as soon thereafter as applicable closing documents are completed. <br>
<br>
5. Real Estate and all equipment is sold subject to Seller(s) acceptance or rejection. Auctioneers and sales agents reserve the right to negotiate final sales price on behalf of the seller.<br>
<br>
6. All Sheridan Realty & Auction Co. Online Only Auctions are timed events that have an auto-extend feature. Any bid placed on an item within 5 minutes of the auction ending will automatically extend the auction for 5 minutes on that item. Example: If an auction scheduled to end at 6:00 pm receives a bid at 5:59 pm, the close time of the auction automatically extends to 6:05 pm. The auto-extend feature remains active on a per-item basis until no further bids are received within the 5 minute time frame.<br>
<br>
7. Buyer acknowledges they are buying property in AS-IS condition, without inspections or contingencies.<br>
<br>
8. By signing an offer, Buyers will be waiving the 10 day lead based paint test. <br>
<br>
9. Possession shall be given to the successful Buyer(s) 60 days after auction date.<br>
<br>
10. Taxes and Assessments billed after June 2011 shall be the responsibility of the buyer, there will not be a tax proration.<br>
<br>
11. Real Estate is sold subject to any and all existing matters of record, and all easements, building use or zoning laws and regulations. <br>
<br>
12. Real Estate is sold subject to tenant’s rights. 2010 growing crops and harvesting rights belong to tenant.<br>
<br>
13. Earnest Money Deposit is non-refundable.<br>
<br>
14. All acreages, dimensions, and boundaries are approximate and have been determined by legal descriptions.<br>
<br>
15. The closing fee charged by Title Company will be shared equally between buyer(s) and seller(s)<br>
<br>
16. Full settlement for all personal property including greenhouse structures shall be made on Wednesday, July 20th 2011. If greenhouse structures are bought in combination with the real estate, (tract 1) the total bid will be closed on with the real estate timeline and terms and the sale price will be the total of all the tracts.<br>
<br>
17. Load out schedule: All personal property, tools and misc shall be paid for and removed on Wednesday July 20th between 10am and 2pm. The benches in greenhouses purchased separate from the houses must be removed by Friday, July 29, 2011. Greenhouse structure buyers may begin removing houses after August 1st and fully removed by August 19, 2011.<br>
<br>
18. Greenhouses shall be removed in a courteous manner. Most of the smaller houses can be pulled out of the ground, and holes filled in. The gutter connected greenhouses shall but cut at the concrete level. The existing concrete or sidewalks shall not be disturbed unless agreed to by seller. Thank you in advance for your cooperation.<br>
<br>
19. Seller shall disconnect all gas and electric service prior to load out.<br>
<br>
20. Buyer must provide a copy of liability coverage for employees or personal tearing down greenhouse structures and must name seller as additional insured. Call office for details, 517-676-9800<br>
<br>
21. Seller(s) will provide an owner’s policy of title and convey title with a covenant Deed.<br>
<br>
22. If the property sells in tracts, the Seller shall provide a new perimeter survey. Seller and the successful bidder shall each pay half (50:50) of the cost of the survey.<br>
<br>
23. Sheridan Realty & Auction Co. and their representatives are Exclusive Agents of the Sellers.<br>
<br>
24. In order to be recognized as a buyer’s agent and receive co-op commission you must pre-register your buyers with the Auction Company 24 hours prior to the Auction Date. Agents who fail to pre-register their buyers will not be recognized as buyer agents and will NOT be entitled to a co-op commission. Broker cannot act as a principal and broker on the same transaction. Contact Sheridan Realty & Auction Co. for details.<br>
<br>
25. The terms and covenants of the purchase agreement, including these additional terms (Exhibit A), shall survive closing and shall bind and the benefits shall inure to the heirs, successors, representative and assigns of the Parties.