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Fabian Casarez 10373 Trademark Street,

Suite G.
Rancho Cucamonga, CA
Broker / Auctioneer
91730

License # 01052752 Office: (909)204-4300

Fax: (909)204-4310

REAL ESTATE AUCTION PURCHASE CONTRACT

THIS CONTRACT made this_ _______ day of _______, 2008 by and among Fabian
Casarez (Broker /Auctioneer), and_ ___________________________________ (“Seller”),
whose address is ______________________________________________________ and
(“Purchaser”) whose address is
____________________________________________________________________________ .

1. AGREEMENT TO PURCHASE. In consideration of the mutual covenant herein set


forth, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Seller agrees to sell to Purchaser and the Purchaser
agrees to purchase from the Seller, pursuant to the terms and conditions herein
________________________________after set forth, the real property located at
____________________________________________________________________________

, California in the County of_________________________________________________________,

State of California and more particularly described in the Title Commitment


attached herein (the “Property”).

2. (a) HIGH BID PRICE ……………………………………… $__________

Plus 10% Buyer’s Premium ……………………….…………$__________

TOTAL CONTRACT PRICE …………….…………………..….……… $____________

(b) EARNEST MONEY DEPOSIT …………………………………….


$_____________
In U.S. Funds, based on the Total Contract Price to be held

in a non-interest bearing Trust Account by Fabian Casarez (Broker)

(c) BALANCE OF PURCHASE PRICE ...……………………………….


$_____________

In U.S. Funds, due at closing. Not including Purchaser’s closing costs,


financing costs, prepays or prorations.

3. CLOSING. Closing shall be at office of Your Auction Escrow, whose address is


10373 Trademark Street, Suite F, Rancho Cucamonga, CA 91730; Telephone:
(909) 204-4300; Facsimile: (909) 204-4310; on or before 5:00 PM,_______. (The
“Closing Date”). At Closing, Seller shall
deliver to Purchaser a Grant Deed, which shall convey fee simple title to the
Property. Possession of Properly shall be granted one (1) day after Closing,
subject to those matters contained in the Title Commitment as hereinafter
defined and this Real Estate Auction Sales Contract. Time is of the essence
in this Contract.

Seller Initials ______

Purchaser Initials ________


In the event, Purchase does not timely close in accordance with this
Contract, Purchaser shall pay $200.00 per day for each day that Purchaser
fails to satisfy the obligations hereunder necessary for Purchaser to be able
to timely close, Purchaser agrees that these damages are reasonable under
the circumstances and do not constitute an unenforceable penalty. Nothing
herein shall relieve Purchaser’s obligations to timely close and/or waive any
rights of Seller with respect to Purchaser’s failure to close.

4. TAXES AND OTHER PRORATIONS. The current year’s property taxes and
assessments, if applicable, shall be prorated at Closing.

5. CLOSING COSTS

a) Seller’s Costs. At Closing, Seller will pay the costs to transfer the
Property and to release any encumbrances on the Property other than the
Permitted Title Exceptions to allow conveyance.

b) Purchaser’s Costs. At Closing, Purchaser shall pay for the costs for
recording the Grant Deed, owner’s title policy and any costs associated
with financing.

c) The Seller and Purchaser shall equally share in the fees associated with
Escrow Agent and all other customary fees and costs necessary for the
Closing.

6. TERMS. This is a cash sale with a ________ deposit down payment on Auction
Day or upon sellers confirmation, with the balance due at least one (5)
business day prior to Closing. While Purchaser may elect to obtain financing,
this sale is not contingent upon Purchaser’s ability to obtain financing.
PURCHASER ACKNOWLEDGES AND AGREES THAT PURCHASER’S
OBLIGATIONS UNDER THE CONTRACT ARE NOT CONTINGENT UPON
PURCHASER OBTAINING A LOAN FROM ANY LENDER. ACCORDINGLY,
PURCHASER SHALL BE OBLIGATED TO PERFORM ITS OBLIGATIONS UNDER THIS
CONTRACT WHETHER OR NOT PURCHASER CAN OBTAIN A LOAN TO FINANCE
THE PURCHASE OF THE PROPERTY.

Purchaser’s Initials: _________

7. EARNEST MONEY DEPOSIT/CLOSING AGENT. Purchaser and Seller hereby


acknowledge and agree that Earnest Money Deposit will be deposited by into
Brokers Trust Account, in accordance with the terms and conditions of this
Contract, and shall instruct the parties as to any necessary withholding of funds
as may be required under applicable law. Broker shall be relieved of all liability
and held harmless by both Seller and Purchaser in the event Broker makes a
disbursement of the Earnest Money Deposit in accordance with the terms and
provisions of this Contract. Broker shall be relieved from any responsibility or
liability and held harmless by both Seller and Purchaser in connection with the
discharge of any Broker’s duties hereunder, provided that Broker exercises
ordinary and reasonable care in the discharge of said duties.

8. DISCLAIMER OF WARRANTIES; “AS-IS” CONVEYANCE.

(a) PURCHASER WARRANTS AND ACKNOWLEDGES TO AND AGREES WITH


SELLER BROKER AND AUCTIONEER THAT PURCHASER IS PURCHASING THE
PROPERTY IN AN “AS-IS, WHERE IS” CONDITION “WITH ALL FAULTS” AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY WARRANTIES, REPRESENTATIONS
OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR TYPE
WHATSOEVER, FROM OR ON BEHALF OF THE SELLER.
(b) PURCHASER ACKNOWLEDGES TO AND AGREES WITH SELLER, BROKER AND
AUCTIONEER THAT WITH RESPECT TO THE PROPERTY, SELLER, BROKER AND
AUCTIONEER HAVE NOT, DO NOT, AND WILL NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW,
INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY AS TO THE VALUE,
PHYSICAL CONDITION, SQUARE FOOTAGE, ENVIRONMENTAL CONDITION
(INCLUDING BUT NOT LIMITED TO WET LANDS, LEAD-BASED PAINT, RADON GAS,
ASBESTOS), MINERAL RIGHTS, FISHING RIGHTS, ZONING, GOOD REPAIRED,
OPERABILITY, HABITABILITY, TENANTABILITY, SUITABILITY, MERCHANTABILITY,
PROFITABILITY, MARKETABILITY, PAST OR PRESENT COMPLIANCE WITH ANY RULES,
REGULATIONS, COVENANTS OR RESTRICTIONS, DEVELOPMENT POTENTIAL OR
F1TNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY.

Purchaser’s Initials: __________

(c) Seller shall deliver to Broker any statutory disclosures required under
applicable law regarding the Property prior to Closing. Notwithstanding, the
foregoing, Purchaser acknowledges that it is Purchaser’s responsibility to make
such legal, factual and other inquiries and investigations, as Purchaser deems
necessary, desirable or appropriate with respect to the Property, Purchaser
acknowledges that it has executed this Contract based solely on its own
independent due diligence investigations and findings, and not in reliance on any
information provided by Seller, Broker, Auctioneer or their affiliates, agents,
officers, employees or representatives. Purchaser acknowledges that Purchaser
has not relied, and is not relying, upon any information, document, sales
brochures or other literature, maps or sketches, projection, pro forma, statement,
representation, guarantee or warranty (whether express or implied, oral or
written, material or immaterial) that may have been given by or made by or on
behalf of the Seller, Broker, or the Auctioneer.

(d) Purchaser shall look only to Seller, and not to Broker or Auctioneer, as to all
matters regarding this Agreement and the Property. The Broker and Auctioneer
shall not be responsible or liable in any way if the Seller fails or refuses to or
cannot close title hereunder, or if the Property is affected in any way, is in need of
attention or repairs, or is in any other way unsatisfactory to Purchaser as
Purchaser may determine.

(e) Without in any way limiting the generality of the preceding subparagraphs
(a) through (d), Purchaser specifically acknowledges and agrees that Purchaser
hereby waives, releases and discharges any claim it has, might have had, or may
have against the Seller, Broker, or Auctioneer with respect to the condition of the
Property, either patent or latent; Purchaser’s ability or inability to obtain or
maintain building permits, either temporary or final certificates of occupancy or
other permits or licenses for the use or operation of the Property, and/or
certificates of compliance for the Property, the actual or potential income or
profits to be derived from the Property, the real estate taxes or assessments now
or hereafter payable thereon, the compliance with any environmental protection,
pollution or land use laws, rules, regulations or requirements and any other state of facts
which exist with respect to the Property.

Purchaser’s Initials: _________

9. PROPERTY INSPECTION

(a) It is the Purchaser’s sole responsibility to perform all inspections (physical,


legal, economic, environmental, archeological or otherwise) on the Property and
to be satisfied as to its condition prior to making an bid/offer on the Property;
review all property information and due diligence materials; independently
verify any information it deems important including information available in
public records; and inquire of public officials as to the applicability of and
compliance with land use and environmental laws, building ordinances, zoning,
health & safety codes, and any other local, state or federal laws and regulations.

(b) Purchaser shall be responsible for the costs of all inspections, surveys,
engineering reports, wood destroying pest & organisms (termite), environmental
studies, including, but not limited to, lead-based paint tests, or for any other
work performed at Purchaser’s request and Purchaser shall pay for any damage
which occurs to the Property as a result of such activities. Purchaser shall not
permit any claims or liens of any kind against the Property for inspections,
surveys, engineering reports, or for any other work performed on the Property
at Purchaser’s request. Purchaser agrees to indemnify, protect and hold Seller,
Broker and/or Auctioneer harmless from and against any liability, damage, cost or
expense incurred, directly or indirectly, by Seller, Broker and/or Auctioneer as
result of Purchaser’s inspection, examination or survey of the Property, either
prior to, on or after the date hereof. This indemnity includes the indemnified
parties’ right to recover all costs and expenses incurred by such parties to
enforce this Section, including reasonable attorneys’ fees. Purchaser agrees to
repair any damage caused by such inspections and to restore the Property to its
condition prior to the inspection. This provision shall survive the Closing and any
termination of this Contract.

10. TITLE

(a) Seller shall deliver a Title Commitment to Purchaser, which commitment


shall reference all matters of record affecting title to the Property that shall be
reflected in the Owner’s Policy of Title Insurance to be issued to Purchaser at
Closing. Purchaser hereby agrees to accept title to the Property subject to (i) all
standard exclusions and printed exceptions set forth in the Title Commitment,
including all matters that would be disclosed by a current and accurate survey of
the Property; (ii,) liens for taxes not yet due and payable; (iii) easements for
public utilities affecting the Property; (iv) all other easements or claims to
easements, covenants, restrictions and rights-of-way affecting the Property; (v)
rights and claims of parties in possession; and (vi) all title exceptions referenced
in the Title Commitment (the foregoing title matters are herein collectively
referred to as the ‘Permitted Title Exceptions”), Any applicable zoning ordinances,
land use laws and regulations, taxes for the current year and those matters, if
any, which are waived by Purchaser pursuant to this Paragraph 10, shall also be
deemed Permitted Title Exceptions.

(b) Seller covenants that it will not voluntarily create or cause a lien or
encurnbrance to attach to the Property between the dates of this Contract and
Closing, except as may be necessary, in Seller’s sole reasonable discretion, in its
ordinary course of business with respect to the Property or in its normal
operation of the Property.

(c) Seller will convey any mineral, water, oil, and gas rights as actually owned
by Seller, if any.

(d) The Property shall be sold with all easements and rights-of-way as
recorded.

(e) The Property shall be sold subject to any covenants and restrictions as
recorded.
11. FIXTURES AND PERSONAL PROPERTY. This Contract includes all the
following as now situated on the Property: all plumbing, beating, lighting and
electrical fixtures and systems; appliances; other fixtures; all carpeting; all
cabinets; all built-ins; all shrubbery and all out-door statuary and. all other items
arid things permanently attached to the Property. All furniture, rugs, artwork,
and personal property not attached to the Property are excluded and shall remain
the property of the Seller, except as noted below: included in the sale;

Purchaser’s Initials: __________

12. TITLE DEFECTS. If the Title Commitment reveals a defect in title which is not
one of the Permitted Title Exceptions, or if prior to the Closing, a new defect in
title is disclosed by an updated supplement to the Title Commitment, which
defect is not one of the Permitted Title Exceptions, prior to Closing Date,
Purchaser may either waive such defect or give written notice to Seller and
Closing Agent not later than five (5) days from the date of discovery of such
defect in title, pursuant to Paragraph 18, whereupon Seller may, at its option,
attempt to cure such defect prior to the Closing or decline to cure such defect, If
Seller is unable or unwilling to cure, on or before the Closing Date, any defect as
to which Purchaser has notified Seller as hereinabove provided and if Purchaser
does not waive such defect on or prior to the Closing Date by written notice to
Seller, this Contract shall be terminated without liability to either party and the
Earnest Money Deposit shall be returned to Purchaser. Seller shall have the
right, at its sole election, to extend the Closing Date by not more than SIXTY (60)
DAYS to attempt to cure any defect in title.

13. SURVEY. Should Purchaser desire a survey, it shall be at Purchaser’s option and
expense. Should the survey show a greater or less number of acres, no
adjustment will be made to the contract price.

14. COMMISSIONS

(a) BROKERAGE. Purchaser warrants and represents that Purchaser is not


represented by a Buyers Broker in this transaction. If Purchaser is represented by
a Buyer’s Broker, the Buyer’s Broker’s name is:_________The Buyer’s Broker must
have performed all requirements of the Buyer Broker Guidelines and executed a
Broker Registration form provided by the Auction Company. Failure to properly
register or comply with the provisions of the Guidelines will disqualify the
Buyer’s Broker from receiving any commission.

Purchaser’s Initials ___________

(b) AGENCY DISCLOSURE. BROKER AND AUCTIONEER HAS ACTED AS


AGENT FOR SELLER IN THIS TRANSACTION AND IS TO BE PAID A
COMMISSION BY SELLER PURSUANT TO A SEPARATE WRITTEN
AGREEMENT BETWEEN SELLER AND BROKER /AUCTIONEER.

A Seller’s agent under a listing agreement with the Seller acts as the agent for the
Seller only A Seller’s agent or a subagent of that agent has the following
affirmative obligations:

To the Seller: A fiduciary duty of the utmost care, integrity, honesty, and loyalty
in dealings with the Seller.

To the Buyer and the Seller:

I. Diligent exercise of reasonable skill and care in performance of the


agent’s duties.

II. A duty of honest and fair dealing and good faith.


III. A duty to disclose all facts known to the agent materially affecting the
value or desirability of the

property that are not known to, or within the diligent attention and
observation of, the parties.

IV. An agent is not obligated to reveal to either party any confidential


information obtained from

the other party that docs not involve the affirmative duties set forth
above.

15. BREACH OF CONTRACT BY SELLER. If seller defaults in the performance of


any of its obligations pursuant to this Agreement and Closing fail to occur by
reason thereof, Purchaser may terminate this Agreement and receive the Earnest
Money Deposit, together with any interest accrued thereon. In no event shall
Seller, Broker or Auctioneer be liable for specific performance or for any damages
including special, incidental or consequential damages, or economic loss and/or
attorneys’ fees, all of which are hereby waived.

16. BREACH OF CONTRACT BY PURCHASER. In the event the purchase and sale
contemplated in this Contract is not consummated as a result of Purchaser’s
default, Purchaser’s Earnest Money Deposit shall be forfeited to 50% TO SELLER
& 50% TO BROKER, IN THE EVENT THAT THE TRANSACTION CONTEMPLATED
HEREUNDER SHALL FAIL TO CLOSE AS A RESULT OF PURCHASER’S DEFAULT,
THEN SELLER SHALL BE RELEASED FROM SELLER’S OBLIGATION TO SELL THE
PROPERTY TO PURCHASER. THE PARTIES HEREBY EXPRESSLY AGREE THAT IN
SUCH EVENT, SELLER SHALL RECEIVE AS SELLER’S LIQUIDATED DAMAGES 50%
AND BROKER 50% AMOUNT EQUAL TO THE EARNEST MONEY DEPOSIT AND THE
PARTIES EXPRESSLY AGREE THAT BECAUSE THE PRECISE AMOUNT OF SELLER’S
DAMAGES CAUSED BY PURCHASER’S DEFAULT WOULD BE EXTREMELY DIFFICULT
TO CALCULATE ACCURATELY, SUCH AMOUNT IS NOT UNREASONABLE UNDER THE
CIRCUMSTANCES EXISTING AT THE TIME THIS AGREEMENT IS ENTERED INTO.
NOTWITHSTANDNG ANY OTHER PROVISION HEREOF, RECEIPT BY SELLER OF
LIQUIDATED DAMAGES SHALL BE SELLER’S SOLE AND EXCLUSIVE REMEDY FOR
PURCHASER’S FAILURE TO COMPLETE THE PURCHASE OF THE PROPERTY;
PROVIDED, HOWEVER, THE FOREGOING SHALL NOT LIMIT PURCHASER’S
OBLIGATIONS TO PAY TO SELLER & BROKER / AUCTIONEERS ALL ATTORNEYS’ FEES
AND COSTS OF SELLER TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH 16
AND/OR PURCHASER’S INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT. THE
RETENTION OF THE EARNEST MONEY DEPOSIT BY SELLER AS LIQUIDATED
DAMAGES IS NOT INTENDED TO BE A FORFEITURE OR PENALTY, BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER & BROKER / AUCTIONEER.

Seller Initials________

In addition, in the event that Seller is unable to collect on any check


delivered by Purchaser to Seller or Escrow Agent, then, at Seller’s option,
without notice, this Contract may be terminated immediately and any Earnest
Money Deposit held by Broker Trust Account shall be paid to Seller & Broker /
Auctioneer, and Seller and Broker / Auctioneer may pursue any rights and
remedies available at law or in equity.

17. CASUALTY. Except as herein provided, all risk of loss with respect to damage to
the Property shall be borne by Seller until the Closing Date; thereafter, all right
of loss shall be borne by Purchaser. In the event that the Property is, in the
opinion of Seller, significantly damaged or is destroyed by fire or other casualty or
hazard prior to Closing, Seller shall have the option to restore the Property to its
pre-casualty condition or to cancel this Contract and Purchaser’s Earnest Money
Deposit shall be returned as a compete and final settlement to Purchaser of all
Seller’s obligations hereunder. Should Seller desire to restore the Property to its
pre-casualty condition, Seller shall so notify Purchaser and thereafter have 120
days to complete such restoration, with the Closing Date to be postponed
accordingly.

18. ENTIRE AGREEMENT; AMENDMENT. This written Contract and the Exhibits,
Schedules and Addenda attached hereto and made a part of this Contract signed
by Purchaser constitute the entire and complete agreement between the parties
hereto and supersede any prior oral or written agreements between the parties
with respect to the Property. This Contract may not be amended, altered, modified
or discharged except by an instrument in writing signed by the Purchaser and
Seller.

19. SEVERABILITY. The invalidity of any provision of this Contract shall not affect
the validity or enforceability of any other provision set forth herein.

20. ASSIGNMENT. Purchaser may not assign this Contract or Purchaser’s rights
hereunder without the prior written consent of Seller, which consent may be
given or withheld in Seller’s sole discretion.

21. COUNTERPARTS. The Contract may be executed in one or more counterparts,


each of which shall have the force and effect of an original, and all of which
shall constitute but one document.

22. ACKNOWLEDGEMENT. The undersigned (“Purchaser”) certifies that he or she


is of legal age and has full legal capacity and authority to understand, execute
and deliver this Contract on behalf of himself or herself.

IN Witness WHEREOF, the parties hereto have duly executed this Contract, as of this day and year.

SELLER(S):

BY: _______________________

BY: _______________________

ITS:

BROKER / AUCTIONEER

BY: _______________________

ITS: _______________________

BUYER’S:
Signature _______________________

Signature _______________________

Print Name _____________________

Print Name _____________________

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