Auction Terms & Conditions
TERMS All bidders must carefully consider and agree to the following terms and conditions before placing a bid.
1.Real Estate Terms: Winning bidder will be required to enter into a written contract to purchase with $10,000 down day of auction to be placed in escrow with the balance due on or before 30 days from auction date. A 5% buyers premium will be added to the bid price to establish a total contract price. Cash, check, or approved payment for the amount to be placed in escrow is due upon signing of the written contract to purchase real estate. Property will be sold with a free and clear title. Property is sold AS-IS condition with all faults, imperfections, attributes & errors of description. All information is presented in good faith but the auctioneer or seller does not warrant or present that the information provided is complete or accurate. All inspections, due diligence and determinations are the sole responsibility of the buyer. The property sells with no buyer contingencies. All sales are final.
2. A Buyers Premium = 15%.
3. The auction will end Thursday November 4th, 2021 at 6:00PM CST. Please refer to item 10 in these terms for details on the "Soft Close" feature. (Online-Only Auctions Only)
4. Following the conclusion of the auction the winning bidder's credit card will be billed for the total amount due. Upon verification of payment from credit card processor Legacy Realty and Auction, LLC will process a PAID IN FULL receipt and send via e-mail to the bidder. Buyers who wish to pay for purchases by other methods i.e.: Cash or Check MUST contact Legacy Realty and Auction, LLC prior to the close of the auction. Those payments are due before or at time of pickup. If you are paying by check or cash and the item is not picked up & paid for at the specified time your credit card will be charged. Buyer agrees that under no circumstances will he/she initiate a chargeback on his/her credit card.
5. Declined credit/debit card transactions will be re-attempted twice. After the 2nd attempt items will be considered forfeited and may be re-sold at our discretion.
6. The winning bidder will be notified of their winning bid(s) and amount charged to their Credit Card via email. PLEASE NOTE: If you do not receive your email, please call the auction company (Gary) 618-781-3814 or email auctiongary@gmail.com
7. All items must be picked up Friday, November 5th from 3:00PM to 6:00PM, or Saturday, November 6th from 9:00AM to 12:00AM. If you cannot make these times please call 618-781-3814 before the auction ends to make arrangements. The pick-up address will be given to the winning buyer via e-mail with their PAID IN FULL receipt.
8. Buyers are required to bring their PAID IN FULL receipt received from Legacy Realty and Auction, LLC to claim their items at the time of pick up. PLEASE NOTE: if you are sending a third party to retrieve your items on your behalf, they will need your Original PAID IN FULL Legacy Realty and Auction, LLC receipt AND a written letter signed by you authorizing the release of your items to them.
9. All property is sold "AS IS", and ALL SALES ARE FINAL. Legacy Realty and Auction, LLC may attempt to describe the merchandise in advertising and on the Internet but makes no representations. In no event shall Legacy Realty and Auction, LLC be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. It is the Bidder's responsibility to determine condition, age, genuineness, value, or any other determinative factor. By placing a bid, bidder signifies that they have examined the items to their satisfaction, or they have chosen not to personally examine them. Legacy Realty and Auction, LLC reserves the right to reject any bid at their sole discretion. Legacy Realty and Auction, LLC shall endeavor to describe in detail each item and any pertinent information about it. Legacy Realty and Auction, LLC will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold "as is" and that they may not return any item they purchase. Legacy Realty and Auction, LLC is providing Internet bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly during the auction. Legacy Realty and Auction, LLC reserves the right to cancel and/or reopen the auction in case of system failures. Under no circumstances shall Bidder have any claim against Legacy Realty and Auction, LLC or anyone else if the Internet service fails to work correctly before or during the auction. Legacy Realty and Auction, LLC will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should verify high bid through online interface.
10. This auction has an extended bidding or "Soft Close" feature. When a bid is submitted in the final minutes of the auction for a lot, the bidding for that lot will be extended for an additional three minutes. This will continue until there are no longer any bids submitted for that individual lot. (Online-Only Auctions Only)
11. Buyers are responsible for supplying any materials, equipment, or assistance needed to properly move and pack all purchased items.
12. Items not picked up by winning bidders at the given address and time (refer to item 6) will be forfeited and sold at the discretion of Legacy Realty and Auction, LLC.
13. Some items may have a grouped feature. This enables similar or sets of items to be sold individually OR in a group as determined by the bidding. In a grouped lot none of the grouped items will be sold until there are no additional bids on ANY of the items in that group. (Online-Only Auctions Only)
14. Please note that in bid history the times are Eastern Standard Time. Ex. 7:08pm EST bid happens at 6:08pm CST.
15. Please remember that outbid notifications are delayed and that when the auction is ending you may not receive your notice until after the auction has ended.

Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential loss), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer; however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Estate of Barbara Cummings