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Real Estate Auction

06.08.16 | 06.09.16

J. Levine Auction & Appraisal

10345 N. Scottsdale Road

Scottsdale, Arizona 85253

480. 496. 2212

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Table Of Contents: Welcome Letter Auction Process Guideline Page 3 Terms & Conditions of Sale Page 4 Bidder Registration Form Page 6 Property #1 Information Page 7-14

o Partial Terms o Property Information o Tax Card o Current Deed o Survey Plat

Property #2 Information Page 15-23 o Partial Terms o Property Information o Map to Property o Tax Card o Current Deed o Survey Plat o Climate Report

Property #3 Information Page 24-31 o Partial Terms o Property Information o Tax Card o Current Deed o Survey Plat

Broker Participation Form Page 32-33 Sample Purchase Agreement Page 34-40

** Attention Prospective Bidders** All information contained in this package and any other advertising was obtained from sources believed to be accurate.

However, no guarantee or warranty, either expressed or implied, is intended or made. All Purchasers must independently investigate and confirm any information or assumptions on which any bid is based. Neither auction

company nor Sellers shall be liable for any errors or the correctness of information. These properties are offered for sale to qualified Purchasers without regard to prospective Purchaser’s race, color, religion, sex, marital status or national

origin. All announcements made at the auction take precedence over any other information or printed matter. Properties may be added or deleted. The properties and improvements will be sold as is without any representations regarding environmental conditions affecting the property. The warranties exclude, but are not necessarily limited to

freedom from structural defects, construction in a workmanlike manner, fitness for habitation.

J. Levine Auction & Appraisal—Real Estate Division 10345 N. Scottsdale Rd., Scottsdale AZ 85253

480-496-2212 www.JLevines.com [email protected]

http://www.jlevines.com/

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All Prospective Bidders: Welcome!!

Each of us at J. Levine’s Auction-R.E.D. (Real Estate Division) are honored

that The Rippen Family and its Trusts have decided to utilize the auction

method of marketing and the services offered by our company to sell the real

estate at public auction. Furthermore, we thank you for your interest and

welcome your attendance and participation in the auction process.

Each property will be offered separately on June 8 & 9, 2016. Preview of the properties are offered May 27-28

and June 3-4. Please check the schedule to see what properties will be open for preview on which day. This

unique method of selling real estate allows all interested parties to compete equally in an open, fair and public

forum. The Real estate will sell to the highest bidder(s) in the manner resulting in the highest total sales price

and/or be subject to seller’s confirmation. Please review each Property Information Sheet to determine the

manner in which each property will be offered for sale.

We are providing this Property Information Package in an effort to assist you in your purchasing decision.

Additionally, our representatives will show you the property in personalized detail at your request. We urge

you to take the time to research the property that you are interested in and contact our office with any questions

you may have. You are encouraged to have any buyer representative or lenders that may need important

information to contact our office at 480-496-2212.

This Property Information Package (PIP) has been carefully prepared to assist you in your pre-auction due

diligence. Please carefully review the property information, disclaimers and sample earnest money contract as

well as the terms and conditions of the auction. All of the information provided is deemed reliable but is not

guaranteed.

Please refer to the property specific website at www.JLevines.com for the most current information about this

and future auctions. Should you have any questions or need additional information, please feel free to contact

our office at 480-496-2212 or by email [email protected]

Good Luck at the Auction!!

Biddingly yours,

Josh Levine Scott Jones

Owner/Auctioneer Real Estate Division Head/Auctioneer

10345 N. Scottsdale Rd.

Scottsdale, AZ 85253

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Auction Process Guidelines

Location: Property 1—1025 W. Lind St, Tucson Property 2 & 3—Best Western Inn & Suites, 199 E. 7th St, Douglas, AZ Time & Date: Property 1—9:30a.m.; June 8, 2016 Property 2 & 3-- 10:00a.m.; June 9, 2016 Our Services:

Real Estate--Land, residential homes, commercial property, commercial land, investment properties, farms. Personal Property—Estates, Fine Art, Collectibles, Firearms, Coins, Jewelry, Native American, Vehicles.

Registration: Real Estate: We register ALL persons that plan to bid on properties. In order to get a bidder number, you are required to provide a current driver’s license and show the minimum deposit required for each property in the form of cash, cashier’s check or credit card. We may not be able to process credit cards at off site auctions. Please check with our office to make sure. Upon registration, you will receive a bid card; please do not lose this card, as this is your card that identifies you as an eligible buyer. Personal Property: We register ALL persons that plan to bid on any items in the auction. All personal property that is purchased is to be paid in full the day of the auction. If you are only bidding on the personal property and not the real estate, please let us know upon registering. Bidding: If you are seriously interested in a property, determine what the property is worth to you AS IS and then bid accordingly. This is your determination of what you are willing to spend. High Bidder: If you are the successful high bidder you will be asked for your bidder number, you will be required to sign an agreement of sale and provide your deposit immediately at the conclusion of that property being auctioned. Buyer’s Premium: If you are the high bidder on the Real Estate a 10% buyer’s premium will be added to the high bid. Example: $100,000 high bid + $10,000 (10% buyer’s premium)=$110,000 Back-Up Bidder: If you are the back-up bidder (second highest bidder) you may be asked to sign a back-up sheet to acknowledge your back-up bid. This form is only a means to contact you to see if you would still be interested in the property in the case that the high bidder does not close on this property as agreed. Deposit: All deposits for the real estate must be in the form of cash, cashier’s check, personal check accompanied by Guaranty letter by your bank, or credit card. J. Levines Auction & Appraisal will add a 3% administrative fee if a credit card is used as payment of deposit. The buyer shall be required to pay a deposit of 10% of the total purchase price. In the event that the certified deposit you hold is less than the required deposit, we will accept a personal check from you. For more information about how to sell your real estate at auction and saving real estate commissions please give Scott Jones a call

at 480-496-2212.

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J. Levine’s Auction—Real Estate Division 10345 N. Scottsdale Rd., Scottsdale AZ 85253

480-496-2212 Office

[email protected] www.JLevines.com

GENERAL TERMS AND CONDITIONS OF SALE

Please review this document carefully. In order to register and receive a Bidder’s Number, a Bidder must sign their Acknowledgment and

Acceptance of the General Terms and Conditions of Sale, which will be incorporated into the Sales Contract.

1. AUCTION TIME AND PLACE:

The Auction time, date, and location will be provided in all announcements.

2. AUCTION REGISTRATION:

Registration will begin one (1) hour prior to the Auction time. Registration is required to become a qualified and eligible bidder (“Bidder”) at

the Auction. To register, a prospective Bidder must:

(a) Provide Bidder’s full name, company name, residence/business addresses with telephone numbers, cellular telephone number, facsimile

number, email address, a State valid driver’s license number and the name (s) and / or entity in which the Bidder will take title to the

Property.

(b) Present (for review) at registration a Cashier’s Check or Certified Funds (no exceptions) made payable in U.S. Funds from a U.S.

Bank to You, the Buyer, in the amount specified in the Terms & Conditions of each property being sold. If desired, Bidders may

wire transfer said deposit prior to the Auction (see wiring instructions. Wired deposit (s) must be verified by Settlement Agent as

being received by Settlement Agent prior to the commencement of the Auction). (c) Sign an acknowledgement that the Bidder has read and agrees to be bound by these General Terms and Conditions of Sale.

3. SUCCESSFUL BID, TOTAL PURCHASE PRICE, ESCROW DEPOSITS, CASHIER’S CHECK, SALES CONTRACT:

(a) If the Seller accepts the highest bid (“Successful Bid”) for the Property, then the successful Bidder will be required to execute, as Buyer

(“Buyer”), the Sales Contract (“Contract”) immediately following the conclusion of the Auction, with no exceptions, and tender the escrow

deposits so required. The Successful Bidder’s deposit (s) stated in 2 (b) above shall be delivered to ____Title Company, , as Settlement

Agent, (“Initial Deposit”) for deposit into their real estate escrow account and held as a required deposit pursuant to the terms of the

Contract.

(b) The amount of (i) the Successful Bid AND (ii) 10% of the Successful Bid (“Buyer’s Premium”), added together, will be the Total

Purchase Price (“Total Purchase Price”) for the Property to be purchased by the Buyer under the Contract.

(c) An additional deposit (“Additional Deposit”) equal to the difference between 10% of the Total Purchase Price and the Initial Deposit, will

also be due Auction Day in the form of a personal or business check from a U.S. Bank Payable to _____Title Company _____ Real Estate

Escrow Account and delivered to _________Title Company, as Settlement Agent, for deposit into their real estate escrow account and held

in escrow as a required deposit pursuant to the terms of the Contract

4. CLOSING AND PAYMENT OF TOTAL PURCHASE PRICE:

(a) The Closing (“Closing”) will be on or before ___________________(date) 20 days from acceptance of the Contract and will be

coordinated through the offices of the Settlement Agent: __________________________________

(b) The Total Purchase Price will be due and payable by Buyer at Closing by Cashier’s Check from a U.S. Bank in U.S. Bank Funds (Payable

to _________Title Company _____, Real Estate Escrow Account) or by Wire Transfer pursuant to instructions from the Settlement Agent.

Buyer shall receive credit for the Initial Deposit and the Additional Deposit which shall be released from escrow and applied by the

Settlement Agent towards the Total Purchase Price at Closing.

(c) Time shall be of the essence.

(d) Buyer agrees to pay all closing costs associated with the settlement of the property.

5. TITLE INSURANCE AND ZONING:

(a) Seller, at Buyer’s expense and payable at Closing by Buyer to the Settlement Agent, will provide Buyer a commitment

(“Commitment”) to issue an Owner’s Title Insurance Policy for the Property. The Commitment and Owner’s Title Insurance Policy will be

issued by the Settlement Agent.

(b) It is understood and agreed that fee simple title, at time of closing, will be conveyed to the Purchaser by ____________

(c) Buyer agrees that the Property is subject to all laws, ordinances, codes, rules and regulations of applicable governmental authorities

pertaining to the ownership, use and occupancy of the Property, including, but not limited to, zoning, land use, and building codes,

Homeowners/Condominium Association Documents, Covenants, Restrictions and Obligations, Recorded Plat and agrees to take title

subject to such matters.

(d) The seller shall provide buyer(s) a survey of the property or parcels as applicable to properly describe the property being purchased.

6. BUYER’S NOTE:

a) The sale of the Property is an “All Cash” transaction and shall not be subject to any financing or post due diligence.

b) The Seller, J. Levines Auction & Appraisal their representatives, attorneys, agents, and sub-agents, assume no liability for errors or

omissions in this or any other property listing or advertising or promotional/publicity statements and material. The Seller, J. Levines

Auction & Appraisal LLC, their representatives, attorneys, agents and sub-agents, make no guarantee as to the accuracy of the information

herein contained or in any other property listing or advertising or promotional/publicity statements and material. Neither the Seller nor J.

Levines Auction & Appraisal have any obligation to update this information. Neither J. Levines Auction & Appraisal nor the Seller their

agents, sub-agents, have any liability whatsoever for any oral or written representations, warranties, or agreements relating to the Property

mailto:[email protected]


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(including information appearing in this advertisement or announcements at the time of the Auction) except as is expressly set forth in the

Contract.

c) All Bidders are encouraged to inspect the Property prior to placing any bid at the Auction and the Successful Bidder, as Buyer,

acknowledges that it has a reasonable opportunity to inspect and examine the condition of the Property and make inquiries of applicable

governmental authorities pertaining to Buyer’s proposed use of the Property prior to the Auction as Buyer has deemed necessary or

desirable.

d) Competitive bidding is an essential element of an Auction sale, and such a sale should be conducted fairly and openly with full and free

opportunity for competition among bidders. Any conduct, artifice, agreement, or combination the purpose and effect of which is to stifle

fair competition and chill the bidding, is against public policy and will cause the sale to be set aside. Collusion/Bid Rigging is a Federal

Felony punishable by imprisonment and fine. J. Levines Auction & Appraisal will report all illegal conduct to the F.B.I. and cooperate

with any prosecution.

e) The Property may be withdrawn from the Auction at any time without notice and is subject to prior sale.

f) The Seller in its absolute sole discretion reserves the right to amend, negotiate, modify, or add any terms and conditions to these General

Terms and Conditions of Sale and to announce such amendments, modifications, or additional terms and conditions, at any time.

g) The highest bid shall be the Successful Bid only if same is acceptable to and accepted by Seller as evidenced by Seller and the Successful

Bidder, as Buyer, each executing the Sales Contract. Back-up bids will be recorded and received. Should the Property not close with the

Buyer, the Seller will have the option to pursue back-up bids.

h) The highest Bid shall be considered an agreement to buy and is final. If you are unsure about anything regarding the Property, do not place

a bid. Review of the Contract before making any bids is strongly recommended.

i) You acknowledge the fact the auction is being recorded by image and sound and you consent to the same.

7. ANNOUCEMENTS:

All announcements from the Auction Block at the Auction will take precedence over all previously printed material and any other oral

statements made. In the event of a dispute over any matter, the Auctioneer shall make the sole and final decision and will have the right

either to accept or reject the final bid or re-open the bidding.

8. ABSENTEE/TELEPHONE/ONLINE BIDDING: Absentee / Telephone / Online Bids will be accepted, subject to all terms and conditions of the Auction. Interested bidders must obtain and

sign the proper forms by contacting J. Levines Auction & Appraisal LLC. And tender the required escrow deposit(s).

9. DEFAULT: If the Buyer fails to comply with any of these General Terms and Conditions of Sale, the Seller may retain the required deposit(s) under the

Contract as liquidated damages and not as a penalty.

10. REPRESENTATIONS:

All information was derived from sources believed to be correct, but is not guaranteed. Bidders shall rely entirely on their own

information, judgment, and inspection of the Property and records. Neither Seller nor Auctioneer its Agents makes any representation or

warranties as to the accuracy or completeness of any information provided. All sizes, dimensions, drawings are approximations only.

11. BROKER PARTICIPATION:

Three Percent (3%) of the Bid Price (s) will be paid to a qualified Licensed Real Estate Broker (“Broker”) whose registered Buyer’s offer

(s) is accepted by the Seller and closes on the Property (s), provided the Broker is not prohibited by law from being paid such commission.

To qualify for commission, the Broker must first register their prospect on the MANDATORY REAL ESTATED BUYER BROKER

PARTICIPATION REGISTRATION form. This form must be mailed such that it is received by the office of J. Levines Auction &

Appraisal LLC. no later than 3:00 P.M.

E.D.T. ____DATE _____. This registration must be sent to J. Levines Auction & Appraisal LLC., 10345 N. Scottsdale Rd., Scottsdale,

AZ 85253. NO LATE REGISTRATIONS WILL BE ACCEPTED. Commissions will be paid only after closing and after J. Levines

Auction & Appraisal LLC. has been paid in full. Brokers are not required to attend closing. If a cooperating Broker has not met all of

these requirements, no commission will be paid to the cooperating Broker, even if the cooperating Broker’s prospect purchases the

Property (s). No oral registrations will be accepted. Under no circumstances whatsoever will any commission be paid if the sale does not

close for any reason.

12. BID PRICE:

The bid price for the Property shall be determined by competitive bidding at the Auction. Some Properties will be sold Absolute to the

highest Bidders with no minimums or reserves and some Properties will be sold Subject to Final Approval by the Seller.

13. ACKNOWLEDGMENT AND ACCEPTANCE: The Undersigned Bidder acknowledges receipt of a copy of these General Terms and Conditions of Sale, and having read and understood

the provisions set forth therein, accepts same and agrees to be bound thereby. Facsimile signatures will be treated and considered original.

_______ ____________________________________________ ___________

Bidder# Bidder’s Signature Date

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J. Levines Auction—Real Estate Division

10345 N. Scottsdale Rd. Scottsdale AZ 85253

480-496-2212 Office

www.JLevines.com

Bidder Registration Form

This agreement is between the undersigned Bidder (“I” or “me”) J. Levines Auction & Appraisal (J. Levines) in consideration of assigning me a Bidder Number and permitting me to bid in this auction. By signing below, I acknowledge that I have received, understand and agree to all of the terms and conditions of this auction, including all materials handed out or made available at the auction. All announcements made at auction by J. Levines Auction take precedence over any prior printed materials or statements. I also agree that if I am the winning bidder, and I default on the purchase of the property for any reason whatsoever, I will pay all Buyer’s Premiums and/or commissions (e.g., 10% of bid price) and any other damages incurred by J. Levines and that J. Levines has the right to take legal or other action to collect any funds due or other damages from me. I further agree to pay all costs associated with the collection of said funds (i.e., Buyers Premium and/or commissions, court costs, legal fees of 33% of the total amount due or the actual legal fees, whichever are higher, expert fees, collection agency fees, expenses of re-selling property, and all other consequential damages or charges involved). I also agree to pay interest on unpaid amounts at the rate of 2% per month. J. Levines is an agent for the Seller (or the Special Commissioner for Tax Delinquent Auctions or the Trustee for foreclosure auctions). Bidders and purchaser acknowledge that disclosure of the brokerage relationship, if any, was made to me by the real estate licensee involved in the transaction when specific assistance was first rendered and confirmed in writing by the signing of this form. Payment must be in the form of cash, or approved personal or company check with proper identification, or cashier's check. I agree that stopping payment on the deposit check constitutes a default under this Agreement, and I am aware that knowingly writing a check for insufficient funds in excess of $200.00 is a felony punishable by law and constitutes a default hereunder.

Audio & Video recording may be running before and during the auction. By signing below you are acknowledging

that you are aware of the taping. RETURN CHECK FEE WILL BE $30.00.

PURCHASER ACKNOWLEDGES THAT NEITHER THE SELLER NOR THE AUCTIONEER MAKES

ANY REPRESENTATION OR WARRANTY CONCERNING THE PROPERTY OR DESCRIPTIONS

PROVIDED BY SELLER, AUCTIONEER OR THEIR AGENTS OF THE PROPERTY. BY SIGNING

TODAY YOU ARE ACKNOWLEDGING THAT YOU HAVE DONE ALL YOUR OWN DUE DILIGENCE

PRIOR TO BIDDING TODAY AND YOU ARE BUYING “AS IS- WHERE IS”.

Legal Name ___________________________________________________________________________

Street Address _________________________________________________________________________

City, State, Zip Code____________________________________________________________________

Area Code & Telephone (Work) _________________________ (Home) __________________________

Driver’s License # _____________________________________ State issued ______________________

Signature: __________________________ Print Name: _________________________Date:__________

EMAIL ADDRESS ___________________________________________________________________

Bidder No.

_________

_

___

http://www.countsauction.com/

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PROPERTY ONE: 1025 W. Lind St, Tucson AZ

Method of Auction: Subject to Seller Confirmation Date, Time, Location: June 8, 2016 at 9:30a.m.—Onsite Previews: May 28 and June 4 from 10:00-1:00p.m.

PROPERTY HIGHLIGHTS:

Brick Ranch Stick-Built home provides 1300+ s.f. of living space with 3 bedrooms, 2 baths, Family Room w/ Fireplace, Formal Living Room with 2nd Entrance, Office, Bar Area, Workshop, 2 Covered Parking Are-as, RV Rear Entry Gate, Outbuildings, Fish Pond, Landscaped front & rear yards. Situated adjacent to City Park and YMCA, convenient to Interstate 10 and major Tucson streets. Perfect for first time homebuyer or investor who wants to move-in now or remodel. Selling AS-IS with no contingencies.

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Partial Terms for the Auction on June 8, 2016

1025 W. Lind St, Tucson AZ

Partial Terms of Sale: A 10% Buyer's Premium will be added to the high bid at the auction to determine the final contract sales price. A $8000.00 fee is required at registration in order to participate in the bidding process and a balance of 10% non-refundable deposit is required at the conclusion of the auction payable to J. Levines Auction & Appraisal in the form of cash, cashier's check, or a personal check with proper identification with the balance due at closing. The closing will take place on or before July 11, 2016 by 5:00pm unless specified otherwise or as soon thereafter as necessary to correct any defects in title. If you are not prepared to make the required deposit and close within the timeframe stated, please do not bid. All properties are sold "As Is - Where Is - With All Faults" without any warranties or representations neither expressed nor implied. This is an "ALL CASH" transaction, financing is not a contingency of the sale. Title will convey by General Warranty Deed. The property is being sold to the highest bidder at or above a bid of $90,000.00 (Minimum Bid – Reserve). The Auctioneer reserves the right to bid on behalf of the Seller up until the reserve price is achieved. A broker participation fee of up to 3% of the high bid will be paid to a licensed real estate agent who pre-registers their buyer with J. Levines Auction & Appraisal LLC at least 24-hours prior to the auction, attends the auction with the buyer, and accompanies the winning bidder through the contract signing and closing process. A Broker Participation Form may be downloaded from our website at www.jlevines.com. The auctioneer is an agent for the Seller. Announcements made the day of sale take precedence over any printed material or other oral statements made. All information contained herein is believed to be correct, but is not guaranteed. All purchasers must independently investigate and confirm any information or assumption on which any bid is based. Note: Under Title X, the purchaser of a single-family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. The period for the inspection ends at 5:00 p.m. on June 18,

2016. In the event that the closing does not occur for any reason whatsoever, other than solely due to the fault of the Seller, Seller shall retain the earnest money deposit as a measure of liquidated damages. This provision shall in no way affect the right of Seller and Auctioneer to rely upon and to exercise any other legal remedies or recourse available to them, including without limitation seeking specific performance or monetary damages, in the event the closing contemplated herein does not occur due to default by Purchaser. Purchaser further agrees to pay all attorney fees, court costs and other costs of collection/enforcement incurred by Auctioneer and Seller due to a default by Purchaser. The auction is subject to cancellation, additions, deletions, or postponement. The real estate taxes will be pro-rated to the date of closing. For more information, please contact J. Levines at 480-496-2212 or by e-mail at [email protected]



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Property Information

Auction Type: Minimum Bid AUCTION of $90,000 (not public knowledge or adv)

Will sell to the highest bidder at or above a bid of $85,000 on auction day OR

Buy the property prior to the auction at $129,000

Property Location: 1025 W. Lind St, Tucson AZ

Date & Time: Wednesday, June 8, 2016 at 9:30am at The Best Western Douglas AZ

Open House / Inspection Dates: Saturday, May 28th and June 4th from 10:00-1:00 p.m.

Property Description: 1335+/-s.f. Brick Ranch, 3Bd/2Ba, 9 Rooms, Work Shed, 2 Covered

parking areas, RV Gate, Outbuildings (2) Great for 1st time home

buyer or Investor, Ready to live in or to be remodeled

Property Type/Zoning: Residential

Tax Parcel ID#: Tax Map: 106-07-1870

Tax Assessment: Land $7442 Improvements: $74,416.00 Total Assessment: $85,913.00

Annual Taxes: $511.33 per year

Notes: 1. Ownership will be conveyed by General Warranty Deed.

2. A Deposit of 10% of Total Price in the form of cash, cashier's check ,

or personal check with property ID on the day of the auction.

3. Closing/Settlement is 5:00pm on or before July 11, 2016

4. Broker Participation of up to THREE Percent (3%) (SEE BROKER

PARTICIPATION FORM!). Brokers must pre-register 24 hours prior

to the Auction listing their client and accompany their buyer to the

Auction and through the contract signing and closing process.

5. There is a 10% Buyer’s Premium which will be added to the high bid

to determine the final purchase price.

6. Photos and terms available at: http://www.jlevines.com

7. All properties are sold “As Is, Where Is” with all faults.

ALL INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED!

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24810 South Lakewood Drive Chandler, AZ 85248 Phone: (480) 802-5918 Fax: (480) 719-4440 www.azretrieval.com - [email protected]

Property Vesting Report

For assistance with this report, please

Contact [email protected]

ORDER INFORMATION

5 W. LIND ST 65 Report Date: 5/4/2016 Effective Date: 4/22/2016 EN TRUST

W LIND STREET ON, AZ 85705

Client Ref #: 102 ARRS Order #: 1939

Name: RIPP

Property Address: 1025 TUCS

County: PIMA Tax / Parcel ID #: 106-07-1870

VESTING DEED(S)

Grantee: ROBERT L RIPPEN, TRUSTEE, ROBERT L RIPPEN REVOCABLE TRUST AND JULIA D RIPPEN, TRUSTEE, JULIA D RIPPEN REVOCABLE TRUST, AN UNDIVIDED ONE-HALF

INTEREST EACH

Grantor: ROBERT L RIPPEN AND JULIA D RIPPEN, HUSBAND AND WIFE Deed Type: WARRANTY DEED Dated: 9/15/2001 Recorded: 1/9/2002 Recording Info: DOCKET 11712, PAGE 2385

Add'l Info:

COMMENTS

LEGAL DESCRIPTION

See Legal Description Attached.


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4 Pages Attached

No representation is made or implied as to the validity or sufficiency of any document provided herein. No other documents have been examined for exceptions, reservations or other covenants affecting title, and our research was limited to the jurisdiction named herein. This report and any documents provided together with this report do not constitute an opinion as to title or guaranty of title. Liability is limited to the amount paid for this individual report.

Page 1 of 1 Book-Map-Parcel: Oblique Image Tax Year: Tax Area: 0851

Property Address: Street No Street Direction Street Name Location 1025 W LIND ST Tucson Taxpayer Information: Property Description: RIPPEN ROBERT L TR 1/2 & RIPPEN JULIA D TR 1/2 FLOWING WELLS HOMES /LOT 7 BLK C/ FW .24 AC 1025 W LIND ST TUCSON AZ

85705- 3465

Valuation Data: Valuation Year Legal Class Assessment Ratio Total FCV Limited Value Limited Assessed

2015 Primary Res (3) 10.0 $72,222 $70,872 $7,087 2016 Primary Res (3) 10.0 $85,913 $74,416 $7,442

Property Information: Section: 26 Town: 13.0 Range: 13.0E Map & Plat: 13/90 Block: 00C Tract: Rule B District: 12 Land

Measure: 1.00S Group Code: Census Tract: 4505 Use Code: 0131 (SFR GRADE 010-3 URBAN SUBDIVIDED ) File Id: 1 Date of Last Change: 10/1/2012

Residential Characteristics: Property Appraiser: Rob Bennington Phone: (520)724-8433 Appraisal Date: 9/1/1986 Property Type: Single Family Residence Processed: Area ID: Ed 10-050093-08-3 Building Class: 3 Physical Condition: Fair Total Livable Area: 1,336 Garage Type: Carport Effective Construction Year: 1960

Garage Capacity: 1 Stories: 1.0 Patio Type: Covered Rooms: 6 Patio Number: 1 Quality: Fair Pool Area: 0 Exterior Walls: Brick Valuation Type: 00 Roof Type: Built Up Total Main: $85,913 Heating: Forced Total Control: $85,913 Cooling: Evaporative Total Actual: $85,913 Bath Fixtures: 6 FCV Adjustment Factor: 1.000 Enhancement:

Valuation Area: $0 Last Action: 0830

Condo Market: 30 DOR Market: 3 MFR Neighborhood: FW_WEST_NW SFR Neighborhood: 05009308

106-07-1870

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SFR District: Supervisor District: (3) SHARON BRONSON Recording Information:

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Sequence No. Docket Page Date Recorded Type 20020060860 11712 2385 1/9/2002 WARRANTY DEED 0 1615 13 1/1/1753

Real Property Tax Inquiry

STATE CODE: 106071870

TAX YEAR: 2015

TOTAL TAX:

$ 1,022.66

AS OF DATE: 05/03/16

TRC NO:

CURRENT STATUS AND SUMMARY

FIRST INSTALLMENT

SECOND INSTALLMENT

TOTALS

TAX DUE: $ 511.33 $ 511.33

$ 1,022.66

INTEREST DUE:

TAX PAID: ($ 511.33) ($ 511.33)

($ 1,022.66)

PAID DATE: 12/28/2015 12/28/2015

REMAINING AMOUNT: $0.00 $0.00 $0.00

TOTAL DUE: $0.00

PROPERTY INFORMATION

PROPERTY TYPE: Real Property

TAX AREA: 0851

TAXPAYER NAME/ADDRESS

RIPPEN ROBERT L TR 1/2 & RIPPEN JULIA D TR 1/2 1025 W LIND ST TUCSON AZ 85705-3465

PROPERTY ADDRESS

1025 W LIND ST

LEGAL DESCRIPTION

FLOWING WELLS HOMES /LOT 7 BLK C/ FW .24 AC

PAID BY

Lockbox

ON BEHALF OF

NO DATA AVAILABLE

HISTORY

TAX YEAR TAX AMOUNT

2014 $ 951.76

2013 $ 915.42

2012 $ 1,042.21

2011 $ 1,080.21

If you have any questions, please call our office at (520) 724-8341.

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PROPERTY TWO: 7434 N. VIA MONTELENA, DOUGLAS, AZ

Method of Auction: Subject to Seller Confirmation Date, Time, Location: June 9, 2016 at 10:00a.m.— BEST WESTERN INN & SUITES, 199 E. 7th St, Douglas Previews: May 27 and June 3 from 10:00-1:00p.m.


Picturesque and surprising RETREAT property nestled in the Chiricahua Mountain Range in Douglas, AZ (Premier Southwest Border Town). This property boasts rolling desert landscapes spanning 42+ acres with panoramic mountainous views accessible by secondary roads only. The views can be enjoyed in a rocking chair from the large covered front porch of a 2450+ s.f. stucco home. Within the home one will find 3 spacious bedrooms and 2 full baths, large entry family room, Eat-in kitchen, separate dining area, and family den with rear entry. The parquet laminate flooring and vaulted ceilings are aesthetically pleasing and add to the property’s charm. Property amenities include solar panels and solar bank, deep well, inline generator, propane gas and A/C. Adding value to this property is a 28’x28’ newer built detached garage and a functional green house. Over $260,000 of improvements have been invested in this wonderful Get Away destination. With an average yearly temperature of 65 degrees, this is perfect for anyone looking to live year round or entertain in the wilderness for a short period. Selling AS-IS with no contingencies.

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7434 N. VIA MONTELENA AZ

Partial Terms of Sale: A 10% Buyer's Premium will be added to the high bid at the auction to determine the final contract sales price. A $10,000.00 fee is required at registration in order to participate in the bidding process and a balance of 10% non-refundable deposit is required at the conclusion of the auction payable to J. Levines Auction & Appraisal in the form of cash, cashier's check, or a personal check with proper identification with the balance due at closing. The closing will take place on or before July 12, 2016 by 5:00pm unless specified otherwise or as soon thereafter as necessary to correct any defects in title. If you are not prepared to make the required deposit and close within the timeframe stated, please do not bid. All properties are sold "As Is - Where Is - With All Faults" without any warranties or representations neither expressed nor implied. This is an "ALL CASH" transaction, financing is not a contingency of the sale. Title will convey by General Warranty Deed. The property is being sold to the highest bidder at or above a bid of $85,000.00 (Minimum Bid – Reserve). The Auctioneer reserves the right to bid on behalf of the Seller up until the reserve price is achieved. A broker participation fee of up to 3% of the high bid will be paid to a licensed real estate agent who pre-registers their buyer with J. Levines Auction & Appraisal LLC at least 24-hours prior to the auction, attends the auction with the buyer, and accompanies the winning bidder through the contract signing and closing process. A Broker Participation Form may be downloaded from our website at www.jlevines.com. The auctioneer is an agent for the Seller. Announcements made the day of sale take precedence over any printed material or other oral statements made. All information contained herein is believed to be correct, but is not guaranteed. All purchasers must independently investigate and confirm any information or assumption on which any bid is based. Note: Under Title X, the purchaser of a single-family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. The period for the inspection ends at 5:00 p.m. on June 19,

2016. In the event that the closing does not occur for any reason whatsoever, other than solely due to the fault of the Seller, Seller shall retain the earnest money deposit as a measure of liquidated damages. This provision shall in no way affect the right of Seller and Auctioneer to rely upon and to exercise any other legal remedies or recourse available to them, including without limitation seeking specific performance or monetary damages, in the event the closing contemplated herein does not occur due to default by Purchaser. Purchaser further agrees to pay all attorney fees, court costs and other costs of collection/enforcement incurred by Auctioneer and Seller due to a default by Purchaser. The auction is subject to cancellation, additions, deletions, or postponement. The real estate taxes will be pro-rated to the date of closing. For more information, please contact J. Levines at 480-496-2212 or by e-mail at [email protected]



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Auction Type: Minimum Bid AUCTION of $85,000 (not public knowledge or adv)

Will sell to the highest bidder at or above a bid of $85,000 on auction day OR

Buy the property prior to the auction at $179,000

Property Location: 7434 N. Montelena Dr, Douglas AZ 85607

Date & Time: Thursday, June 9, 2016 at 10am at The Best Western Douglas AZ

Open House / Inspection Dates: Friday, May 27th and June 3rd from 10:00-1:00 p.m.

Property Description: 2450+/- s.f. Affixed Modular Home, 900s.f. Detached Garage, 42.25acs

Well, Septic, Solar, Gas, Generator, Fencing, Horse Property



Tax Assessment: Land: $28,000 Improvements: $45,122 Total Assessment: $73,122.00

Annual Taxes: $1,071.52 per year


2. A Deposit of 10% of Total Price in the form of cash, cashier's check ,

or personal check with property ID on the day of the auction.











18

MAP TO 7434 N. VIA MONTELENA

19

24810 South Lakewood Drive Chandler, AZ 85248 Phone: (480) 802-5918 Fax: (480) 719-4440 www.azretrieval.com - [email protected]



Page 1 of 1

Parcel Tax Information

Parcel Information:

Parcel Tax Detail: 405-77-062-00-8 Tax Year: 2015

ORDER INFORMATION

4 N. VIA MONTELENA 66 Report Date: 5/4/2016 Effective Date: 4/22/2016 EN TRUST

N. VIA MONTELENA LAS, AZ 85607


Name: RIPP

Property Address: 7434 DOUG

County: COCH ISE Tax / Parcel ID #: 405-77-062

VESTING DEED(S)

Grantee: DAVID B RIPPEN, TRUSTEE, DAVID B RIPPEN REVOCABLE TRUST AND LORI L RIPPEN, TRUSTEE, LORI L RIPPEN REVOCABLE TRUST, AN UNDIVIDED ONE-HALF INTEREST EACH

Grantor: DAVID B RIPPEN AND LORI L RIPPEN, HUSBAND AND WIFE Deed Type: WARRANTY DEED Dated: 9/21/2001 Recorded: 9/24/2001 Recording Info: FEE NO. 010927425

Add'l Info:

COMMENTS

3 Pages Attached

No representation is made or implied as to the validity or sufficiency of any document provided herein. No other documents have been examined for exceptions, reservations or other covenants affecting title, and our research was limited to the jurisdiction named herein. This report and any documents provided together with this report do not constitute an opinion as to title or guaranty of title. Liability is limited to the amount paid for this individual report.

LEGAL DESCRIPTION


20

Roll #: 103692 Area

Code: 2700

Legal Description: PERILLA MOUNTAIN RANCH UNIT IV LOT 79 42.25AC SEC27-22-28 AFF

Name 1: RIPPEN DAVID B REV TR Name 2: RIPPEN LORI L REV TR Name 3: C/O Name:

Street Address: 7434 N VIA MONTELENA

City: DOUGLAS State: AZ Zip: 85607

Payment Information:

Tax Due Fee Paid Interest Paid Penalty Paid Taxes Paid 1st Half: $0.00 $0.00 $0.00 $0.00 $527.92 2nd Half: $0.00 $0.00 $0.00 $0.00 $527.92 1st Half Paid By: RIPPEN DAVID & LORI Date Paid: 12/29/2015 2nd Half Paid By: RIPPEN DAVID & LORI Date Paid: 12/29/2015

1st Half Interest Due: $0.00 1st Half Penalties

Due: $0.00

2nd Half Interest $0.00 Due:

2nd Half Penalties Due: $0.00

Value & Rate Information

Primary Rate: $12.60 Secondary Rate: $1.44 Primary: $1,071.52 Net Primary: $933.17 SP Primary: $22.08 State Aid: $138.35 Secondary: $100.59 Irr/Rel: $0.00

Total Tax Due: $1,055.84

Primary

Ltd. Value Assmt% Assessed Value Exemption Land, Bldg,

etc.: $73,122.00 11.6 % $8,505.00 $0.00

Pers Prop: $0.00 0.0 % $0.00 $0.00

------------------------- ------------------------- -------------------------

Secondary

Totals: $73,122.00 $8,505.00 $0.00

Land: $28,000.00 14.2 % $3,993.00 $0.00

Building, etc: $45,122.00 10.0 % $4,512.00 $0.00

Pers Prop: $0.00 0.0 % $0.00 $0.00

------------------------- ------------------------- -------------------------

Totals: $73,122.00 $8,505.00 $0.00

23

CLIMATE REPORT:

24

PROPERTY TWO: Cochise College Park Unit 9, Lot 3351

Method of Auction: Subject to Seller Confirmation Date, Time, Location: June 9, 2016 at 10:00 a.m.— BEST WESTERN INN & SUITES, 199 E. 7th St, Douglas Previews: Call for more information.


Improvable Lot in close proximity to the Douglas Municipal Golf Course. Lot size is approximately 80’x240’ with varying distances. Inexpensive piece of property for a homebuilder, new homeowner or avid golfer looking for property near the golf course for a second home. Property is selling ABSOLUTE TO THE HIGHEST BIDDER regardless of price!

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Unimproved Lot Cochise College Park Lot 3351

Partial Terms of Sale: A 10% Buyer's Premium will be added to the high bid at the auction to determine the final contract sales price. A $500.00 fee is required at registration in order to participate in the bidding process and the total non-refundable balance is required at the conclusion of the auction payable to J. Levines Auction & Appraisal in the form of cash, cashier's check, or a personal check with proper identification with the balance due at closing. The closing will take place on or before July 12, 2016 by 5:00pm unless specified otherwise or as soon thereafter as necessary to correct any defects in title. If you are not prepared to make the required deposit and close within the timeframe stated, please do not bid. All properties are sold "As Is - Where Is - With All Faults" without any warranties or representations neither expressed nor implied. This is an "ALL CASH" transaction, financing is not a contingency of the sale. Title will convey by General Warranty Deed. The property is being sold to the highest bidder regardless of price. The Auctioneer reserves the right to cancel or postpone the auction at any point prior to crying the first bid. No broker participation fee will be offered for this property. The Auctioneer is an agent for the Seller. Announcements made the day of sale take precedence over any printed material or other oral statements made. All information contained herein is believed to be correct, but is not guaranteed. All purchasers must independently investigate and confirm any information or assumption on which any bid is based. In the event that the closing does not occur for any reason whatsoever, other than solely due to the fault of the Seller, Seller shall retain the earnest money deposit as a measure of liquidated damages. This provision shall in no way affect the right of Seller and Auctioneer to rely upon and to exercise any other legal remedies or recourse available to them, including without limitation seeking specific performance or monetary damages, in the event the closing contemplated herein does not occur due to default by Purchaser. Purchaser further agrees to pay all attorney fees, court costs and other costs of collection/enforcement incurred by Auctioneer and Seller due to a default by Purchaser. The auction is subject to cancellation, additions, deletions, or postponement. The real estate taxes will be pro-rated to the date of closing. For more information, please contact J. Levines at 480-496-2212 or by e-mail at [email protected]


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Auction Type: ABSOULUTE AUCTION-No Minimum Bid Propery will sell to the

Highest Bidder OR

Buy the property prior to the auction at $1250.00

Property Location: Cochise College Park Unit 9, Lot 3351, Near N. Coronado and Golf

Course Drive

Date & Time: Thursday, June 9, 2016 at 10:00am at The Best Western Douglas AZ

Open House / Inspection Dates: No Property Preview, Call office for details

Property Description: 80’x240’ Buildable Lot with Water, Sewer, Telephone, & Electric

Onsite, Near Golf Course



Tax Assessment: Land $500.00 Total Assessment: $500.00

Annual Taxes: $511.33 per year


2. A Total Price due in the form of cash, cashier's check , or personal

check with property ID on the day of the auction.











27

1

24810 South Lakewood Drive

Chandler, AZ 85248 Phone: (480) 802-5918 Fax: (480) 719-4440

www.azretrieval.com - [email protected]



Contact [email protected]

ORDER INFORMATION

-26-282 67 Report Date: 5/4/2016 Effective Date: 4/22/2016 EN TRUST

26-282 LAS, AZ 85607


Name: RIPP

Property Address: 406- DOUG

County: COCH ISE Tax / Parcel ID #: 406-26-282

VESTING DEED(S)

Grantee: DAVID B RIPPEN, MARRIED PERSON AS SOLE OWNER Grantor: BOARD OF SUPERVISORS OF THE COUNTY OF COCHISE

Deed Type: TAX DEED Dated: 4/6/2002 Recorded: 4/25/2002 Recording Info: FEE NO. 020412457

Add'l Info: SUBJECT PROPERTY IS LOT 3351 ONLY

COMMENTS

4 Pages Attached No representation is made or implied as to the validity or sufficiency of any document provided herein. No other documents have been examined for exceptions, reservations or other covenants affecting title, and our research was limited to the jurisdiction named herein. This report and any documents provided together with this report do not constitute an opinion as to title or guaranty of title. Liability is limited to the amount paid for this individual report.

Page 1 of 1 Parcel Tax Information

Parcel Information:

Parcel Tax Detail: 406-26-282-00-9 Tax Year: 2015

LEGAL DESCRIPTION


28

Roll #: 106833 Area

Code: 2700

Legal Description: COCHISE COLLEGE PARK #9 LOT 3351 10/99 LV VAL MP BK

Name 1: RIPPEN DAVID B

Name 2: Name 3: C/O Name:

Street Address: 7434 N VIA MONTELENA

City: DOUGLAS State: AZ Zip: 85607

Payment Information:

Tax Due Fee Paid Interest Paid Penalty Paid Taxes Paid 1st Half: $0.00 $0.00 $0.00 $0.00 $11.24 2nd Half: $0.00 $0.00 $0.00 $0.00 $0.00 1st Half Paid By: RIPPEN DAVID B Date Paid: 10/30/2015 2nd Half Paid By: N/A Date Paid: N/A

1st Half Interest Due: $0.00 1st Half Penalties Due: $0.00

2nd Half Interest $0.00 Due:

2nd Half Penalties Due: $0.00

Value & Rate Information

Primary Rate: $12.60 Secondary Rate: $1.44 Primary: $10.09 Net Primary: $10.09 SP Primary: $0.20 State Aid: $0.00 Secondary: $0.95 Irr/Rel: $0.00

Total Tax Due: $11.24

Primary

Ltd. Value Assmt% Assessed Value Exemption Land, Bldg,

etc.: $500.00 16.0 % $80.00 $0.00

Pers Prop: $0.00 0.0 % $0.00 $0.00

------------------------- ------------------------- -------------------------

Secondary

Totals: $500.00 $80.00 $0.00

Land: $500.00 16.0 % $80.00 $0.00

Building, etc: $0.00 0.0 % $0.00 $0.00

Pers Prop: $0.00 0.0 % $0.00 $0.00

------------------------- ------------------------- -------------------------

Totals: $500.00 $80.00 $0.00

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10345 N. Scottsdale Rd, Scottsdale AZ 85253

Office: 480-496-2212 [email protected]

www.JLevines.com

Broker Participation Agreement, Terms & Registration Auction Date & Time: _________________________________________________________ Property Address: _____________________________________________________________ All participating Brokers/Agents must register their bidders by filling out this form, in its entirety, and returning it to J. Levines Auction & Appraisal least 24 hours prior to the scheduled auction. The form must be faxed to 804-486-9840, emailed to [email protected], or delivered to J. Levines Auction & Appraisal at 10345 N. Scottsdale Rd., Scottsdale AZ 85253 so that it arrives to the auction company within 24 hours prior to the auction. It is the responsibility of the Broker to verify the receipt of this form by calling the auction company at 480-496-2212. The participating Broker/Agent must be properly licensed by the State of Arizona and must register and attend the auction with their client. Oral registrations do not qualify for commission participation. J. Levines Auction & Appraisal will pay a commission, based on the following schedule, to any properly licensed real estate Broker/Agent whose registered bidder is the successful purchaser for the above listed property. Commissions will only be paid upon final settlement of the purchase and after all terms and considerations of the sales agreement are satisfied.

1. A TWO PERCENT (2.0%) commission will be paid based upon the pre-sale Opening bid amount tendered by the purchaser (as indicated in this agreement).

2. A ONE PERCENT (1.0%) commission will be paid on the balance remaining between

the written opening bid and the final high bid. (Example: Written Opening bid = $100,000.00. Final High Bid = $200,000.00. The commission would be 2.0% x $100,000.00 ($2,000.00) plus 1.0% x $100,000.00 ($1,000.00) for a total commission of $3,000.00] If an opening bid is not tendered in this agreement, then ONE PERCENT (1.0%) of the high bid amount (not including any buyer’s premium) will be paid as total commission. In any case, the maximum commission paid to any Broker/Agent will not exceed THREE percent (3.0%) of the high bid amount. NOTE: The Broker Participation Compensation for any Pre-Auction Offers is 1% (ONE PERCENT) of the price. Broker/Agent’s Initials ___________ Registered Agent’s Initials___________




33


Office: 480-496-2212 [email protected]

www.JLevines.com Name of Real Estate Agent: ______________________________________________________ Real Estate Company: __________________________________________________________ Business Mailing Address: _______________________________________________________ Managing Broker’s Name: _______________________________________________________ Business Telephone: ________________________ Fax: ______________________________ Home Phone: ______________________________ Cell: ______________________________ Email Address: ________________________________________________________________ I hereby register my client (name) ________________________________________with “J. Levines Auction & Appraisal” as a bidder at your auction on (date)___________________ at (address) _______________________________________

_____________________________________________________________________________. I understand I must attend the auction with my client in order to qualify for Broker participation under the terms as outlined on page one. My client hereby tenders an opening bid in the amount of $______________________________. My client will competitively bid, during the live auction, for any increase above the opening bid tendered. I/We understand the amendments to this registration, or opening bid, will not be accepted for forms not received at least 24 hours prior to the auction. I/We understand and agree to all terms and conditions as set forth in this agreement. _____________________________________ _____________________________________ Signature of Agent Date Signature of Client Date



34


Phone: 480.496.2212 www.jlevines.com

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT AUCTION SALES

NOTE: This form is designed for use where the listing firm may sell the property either at or outside of a public auction. This form should be used only by those who hold a current, , auctioneer’s license and appropriate firm licenses, if applicable. This EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (“Agreement”) is entered into (Date) _____________, Between __________________________________ as Seller(s) (“Seller”) of the property described below (the “Property”), and J. Levines Auction & Appraisal, an Arizona limited liability company, or it’s assignee as Listing Firm (“Agent”). 1. EXCLUSIVE RIGHT TO SELL. For a period extending from (Date) ________ until midnight, (Date) ______________, Agent shall have the exclusive right to sell the Property as agent of Seller at the price and on the terms set forth below. The auction will be conducted at _______________________(Location/ Address), on or before the ___ day of ______, 20___, at ____ A.M. P.M. At such time and place, Agent, in its sole discretion, may accept for sale other consigned properties. Unless otherwise provided, all consigned properties shall be advertised at no expense to Seller and no commissions or fees due Agent from Seller shall be diminished by any commission or fee received on consigned properties. 2. REAL PROPERTY. The real property that is the subject of this Agreement is located in ____________ County/City/ Town of, Arizona, and is known more particularly and described as (Complete ALL applicable): Address: Street ___________________________ City ___________________ State ___ Zip _________ Legal Description:____________________________________ Subdivision Name: ___________________________________ Plat Reference: Lot______________________, Block or Section ____________________, containing __________ acres as shown on Plat Book or Slide ____________________at Page(s)___________________ ________ The PIN/PID or other identification number of the Property is:___________ __________. Some or all of the Property may be described in Deed Book ___________ at Page _________. See attached Exhibit _____ for legal description/description of premises. If more than one parcel of real property is the subject of this Agreement, the term “Property” as used herein shall be deemed to refer to all such parcels individually or collectively as the context may require unless specifically indicated otherwise. 3. FIXTURES. The following items, if any, and if owned by the Seller, are included free of liens: any built-in appliances, light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers, burglar/fire/smoke alarms, pool and spa equipment, solar energy systems, attached fireplace screens, gas logs, fireplace inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball goals, storage sheds, mailboxes, wall and/or door mirrors, attached propane gas tank, invisible fencing including all related equipment, lawn irrigation systems and all related equipment, ater softener/conditioner and filter equipment, and any other items attached or affixed to the Property, EXCEPT any such items leased by the Seller and the following items: All Fixtures Convey 2 Agent Initials______ Seller Initials ______ ______

Rev. April 2016


35

4. PERSONAL PROPERTY. The following personal property is included in the sale price: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 5.WORKING WITH REAL ESTATE AGENTS. Agent has advised Seller of company policies regarding cooperation and the amount(s) of any compensation that will be offered to other Brokers, including but not limited to, seller subagents, buyer agents or both, brokers who do or do not participate in a listing service and brokers who are or are not REALTORS®. Seller authorizes Agent to compensate and cooperate with the following: (CHECK ALL APPLICABLE AGENCIES):

__ Subagents representing the Seller __ Buyer Agents representing the Buyer

6. AUCTION. (a) Authority. Seller authorizes the Agent to sell the Property at auction in the manner set forth herein. (b) Auction With Or Without Reserve. __ With Reserve. An auction with reserve, also known as a sale subject to confirmation (this does not mean confirmation

by a court, only acceptance by the seller) means an auction in which a seller reserves the right to establish a minimum bid, to accept or decline any and all bids or to withdraw the property at any time prior to the announcement of the completion of the sale by the Agent. In the event that the high bid at auction does not meet Seller’s reserve price, then Seller pays Agent an agreed-upon “no sale fee” in addition to any other fees and commissions payable by Seller under this Agreement.

___ Without Reserve or Absolute. An auction where the real propered for auction is sold to the highest bidder (i) without the requirement of any minimum bid; (ii) without competing ids of any type by a seller or agent of a seller, and (iii) without any other limiting condition of sale. • SINGLE PARCEL. If a single parcel of real property is the subject of this Agreement, any auction will be conducted (check only ONE):

____ Without Reserve ____ With Reserve (Reserve Price: $ ____________________No Sale Fee: $ ____________

(c) Live And/Or Online Auction. “(a)uction means the sale of goods or real estate by means of exchanges between an auctioneer and members of an audience, the exchanges consisting of a series of invitations for offers made by the auctioneer, offers by members of the audience, and the acceptance by the auctioneer of the highest or most favorable offer.” An auction may be a traditional “live” auction in which the auctioneer and the members of the audience may hear each other, or it may be conducted online by means of electronic exchanges between the auctioneer and the members of an audience who submit bids via the Internet, or it may be conducted by a combination of live and online means.

__ SINGLE PARCEL. If a single parcel of real property is the subject of this Agreement, any auction will be conducted (check only ONE): ___ Live ___ Online ___ Live/Online Combination

7. COMMISSIONS. (Note: For purposes of this paragraph 7, the term “Property” shall be deemed to refer to each individual parcel of real property that may be the subject of this Agreement.)

(a) Sale Of Property At Auction. (check only ONE)

__ Seller shall pay Agent ______ % of the bid price of the Property. __ Seller shall pay Agent ______ % of the contract price of the Property.

Agent Initials______ Seller Initials ______ ______ Rev. April 2016

36

__ OTHER. Seller shall pay Agent as follows: ___________________________________________________

_____________________________________________________________________________________________

(b) Buyer’s Premium At Auction.

___ Seller authorizes Agent to charge a buyer’s premium in the amount of ______ % of the bid price, to be included in the contract price, and: (check only ONE) ___ Seller will collect and retain the buyer’s premium as part of the contract price.

(c) Sale Of Property Other Than At Auction. If the Property is sold during the term of this Agreement on any day other than the day of the auction, Seller shall pay Agent __% of the gross sales price of the Property (d) General Commissions Provisions. Commissions shall be deemed earned under any of the following circumstances:

(i) If a ready, willing and able buyer is procured by Agent, Seller, or anyone else during the term of this Agreement at the price and on the terms set forth herein, or at any price and upon any terms acceptable to the Seller; (ii) If the Property is sold, exchanged, conveyed or transferred, or the Seller agrees to sell, exchange, convey or transfer the Property at any price and upon any terms whatsoever, during the term of this Agreement or any renewal hereof; (iii) If, within ___ days after expiration of the term of this Agreement (the “Protection Period”), Seller either directly or indirectly sells, exchanges, conveys or transfers, or agrees to sell, exchange, convey or transfer the Property upon any terms whatsoever, to a party with whom Seller or Agent (or any agent acting for or through Agent) communicated regarding the Property during the term of this Agreement or any renewal hereof, then Seller shall pay Agent the commission provided for in Section 7(c); provided, that names of prospects are delivered or postmarked to the Seller within ____ days after the expiration of this Agreement. In the event the Property is exclusively listed for sale with another agency after the expiration of this Agreement and a registered prospect options or contracts to purchase the Property during the Protection Period, then the Seller shall pay to the Agent ____% of the commission provided for in Section 7(c). It is not Agent’s intention to hereby obligate Seller to pay two commissions; Seller should insure that any prospects registered pursuant to this Section are excluded from any subsequent listing agreement.

Once earned as set forth above, Agent compensation will be due and payable at the earlier of: (i) closing on the Property; (ii) the Seller’s failure to sell the Property (including, but not limited to, the Seller’s refusal to accept a bid or offer to purchase the Property at the price and terms stated herein or on other terms acceptable to the Seller, the Seller’s default on an executed sales contract for the Property, or the Seller’s agreement with a buyer to unreasonably modify or cancel an executed sales contract for the Property); or (iii) Seller’s breach of this Agreement. If Seller is a partnership, corporation or other business entity, and an interest in the partnership, corporation or other business entity is transferred, whether by merger, outright purchase or otherwise, in lieu of a sale of the Property, and applicable law does not prohibit the payment of a commission in connection with such sale or transfer, the commission shall be calculated on the fair market value of the Property, rather than the gross sales price, multiplied by the percentage of interest so transferred, and shall be paid by Seller at the time of the transfer. IfAgent is the prevailing party in any legal proceeding brought by Agent against Seller to recover any or all of the commission set forth herein, Agent shall be entitled to recover from Seller reasonable attorney fees and court costs incurred by Agent in connection with the proceeding. 8. MARKETING FEE. In addition to any other fees and commissions payable by Seller under this Agreement, Seller shall pay Agent a marketing fee in the amount of ($________.___) payable at closing /upon execution of this Agreement. In the event an auction is rescheduled through no fault of the Agent, then Seller shall reimburse Agent for actual expenses incurred in rescheduling the auction. 9. SELLER’S DUTIES. Seller shall cooperate with Agent in the marketing and sale of the Property, including, but not limited to: Agent Initials______ Seller Initials ______ ______ Rev. April 2016

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(a) If the Property is sold during the term of this Agreement, executing and delivering bills of sale and a (check only ONE) X GENERAL WARRANTY DEED OTHER: ____________________________________conveying fee simple marketable and insurable title to the Property, including legal access to a public right of way, free of all encumbrances except ad valorem taxes for the current year, utility easements, rights-of-way, and unviolated restrictive covenants, if any, and those encumbrances that the buyer agrees to assume in the sales contract. Seller represents that the Seller has the right to convey the Property, and that there are currently no circumstances that would prohibit the Seller from conveying fee simple marketable and insurable title as set forth in the preceding sentence; (b) Paying the following expenses of conveyance: (i) Revenue Stamps; (ii) Deed Preparation; and (check all that apply) ___ Termite Inspection Report; ____ Survey; ___ Soil test(s) to determine septic system suitability; _____ Well Water Test (s) to determine potability; ____ Septic System Test (s) to determine viability;____ Planning Board, subdivision and re-zoning fees; ___ clean-up of the Property, including mowing and trash removal; ____ Title opinion for the benefit of the Seller; and ___ Other: In the event Property is unsold at auction, owners will remit the title search fee. (c) Providing an accurate description of the Property to the Agent; (d) Informing Agent in writing of any encumbrances that are placed on the Property on or after the date of this Agreement, within 3 days of the encumbrance; (e) Obtaining releases of any and all encumbrances on the Property; (f) Reimbursing Agent for any expense actually incurred by Agent as a result of an advance made by the Agent on behalf of Seller in furtherance of this Agreement; (g) Being present at the time and place of auction sale and assist Agent in the sale of the Property; (h) Making known to Agent or any prospective purchasers any defects in the Property; (i) Making the Property available for showing (including working, existing utilities) at reasonable times and upon reasonable notice; (j) Providing Agent, as soon as reasonably possible after the execution of this Agreement, copies of leases affecting the property, if any, restrictive covenants, if any, and copies of the bylaws, articles of incorporation, rules and regulations and other governing documents of the owners’ association and/or the subdivision, if applicable; (k) Referring all inquiries or offers regarding the Property to Agent; (l) (check if applicable) ____ Providing to Agent, in a timely manner, any Residential Real Estate Disclosure Statements required in the transfer of real property by Arizona State Law; and (m) (check if applicable) ____ Providing a Lead-Based Paint and/or Lead-Based Paint Hazards Disclosure with respect to any residential dwelling built prior to 1978. To the best of Seller’s knowledge, the Property has not been clad previously (either in whole or in part) with an “exterior insulating and finishing system,” commonly known as “EIFS” or “synthetic stucco”, unless disclosed as follows: (If Seller does not wish to disclose, put “No Representation”):________________ ___________________________________. No management services, repair services, collection services, notices or tax services shall be implied as being provided by Agent by this Agreement. In the event that Agent does procure any of these services at the request of Seller, it is understood and agreed that Agent shall only be acting in the capacity of procurer for Seller and shall accrue no liability or responsibility in connection with any services so obtained on behalf of Seller. This exclusion of liability and responsibility shall not apply in the event that Agent directly contracts with Seller to provide any such service. Seller further acknowledges that Agent is being retained solely as a real estate professional, and understands that other professional service providers are available to render advice or services to Seller at Seller’s expense, including, but not limited to, an attorney, insurance agent, tax advisor, surveyor, structural engineer, home inspector, environmental consultant, architect, or contractor. 10. OWNERS’ ASSOCIATION. There is an owners’ association. The name, address and telephone number of the President of the owners’ association or the Property Manager is: ________________ ________________________________________________________________________________. Agent Initials______ Seller Initials ______ ______ Rev. April 2016

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11. AGENT DUTIES. Agent agrees to provide Seller the benefit of Agent’s knowledge, experience and advice in the marketing and sale of the Property. Seller understands that Agent makes no representation or guarantee as to the sale of the Property, but Agent agrees to use best efforts in good faith to find a buyer who is ready, willing and able to purchase the property. Seller acknowledges that Agent is required by law to disclose to potential purchasers of the Property all material facts pertaining to the Property about which the Agent knows or reasonably should know, and that REALTORS® have an ethical responsibility to treat all parties to the transaction honestly. Agent shall do the following: (a) Schedule auction(s) at appropriate times; (b) Provide experienced and qualified personnel for the auction sale; (c) Document all records of the auction sale; and (d) Comply with all provisions of law in obtaining the highest sales price.

12. MARKETING: Seller authorizes Agent (Check ALL applicable sections): ____Signs. To place “For Sale,” “Auction,” “Under Contract,” “Sale Pending,” or other similar signs on the Property and/or upon Seller's other properties (where permitted by law and relevant covenants) and to remove other such signs. ____Lock/Key Boxes. To place a lock/key box on the Property. ____Open Houses. To conduct open houses of the Property at such times as Seller and Agent may subsequently agree. ____ Listing Service. To submit pertinent information concerning the Property to any listing service of which Agent is a member or in which any of Agent’s agents participate and to furnish to such listing service notice of all changes of information concerning the Property authorized in writing by Seller. Seller authorizes Agent, upon execution of a sales contract for the Property, to notify the listing service of the pending sale, and upon closing of the sale, to disseminate sales information, including sales price, to the listing service, appraisers and real estate brokers. ____Advertising Other Than On The Internet. To advertise the Property in non-Internet media, and to permit other firms to advertise the Property in non-Internet media to the extent and in such manner as Agent may decide. ____Internet Advertising. To display information about the Property on the Internet either directly or through a program of any listing service of which the Agent is a member or in which any of Agent’s agents participate, and authorizes other firms who belong to any listing service of which the Agent is a member or in which any of Agent r’s agents participate to display information about the Property on the Internet in accordance with the listing service rules and regulations.

If Seller authorizes Internet Advertising as set forth above, Seller further authorizes the display of (Check ALL applicable sections):

____ The address of the Property ____ Automated estimates of the market value of the Property ____Third-party comments about the Property Seller acknowledges and understands that while the marketing services selected above will facilitate the showing and sale of the Property, there are risks associated with allowing access to and disseminating information about the Property that are not within the reasonable control of the Agent, including but not limited to:

1. unauthorized use of a lock/key box, 2. control of visitors during or after a showing or an open house, 3. inappropriate use of information about the Property placed on the Internet or furnished to any listing service in which the Agent participates.

Seller therefore agrees to indemnify and hold harmless Agent from any damages, costs, attorneys’ fees and other expenses as a result of any personal injury or property loss or damage to Seller or any other person not caused by Agent’s negligence arising directly or indirectly out of any such marketing services. Agent Initials______ Seller Initials ______ ______ Rev. April 2016

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13. EARNEST MONEY DEPOSITS. Unless otherwise provided in the sales contract, earnest money deposits paid toward the purchase price shall be made payable to Agent as agent of Seller and held by Agent in an escrow account until the consummation or termination of the transaction. Any earnest money forfeited by reason of buyer’s default under a sales contract shall be divided equally between Agent and Seller. In no event shall the sum paid to Agent because of a buyer’s default exceed the commission that would have been due if the sale had closed as contemplated in the contract. Likewise, the sum paid to Agent because of a buyer’s default shall not decrease the commission payable to Agent as a result of the subsequent sale of the Property.

14. ENVIRONMENTAL MATTERS: Seller, directly or through whom a claim may be made by any other party or parties against the Agent, shall indemnify, defend and hold harmless the Agent, its agents and employees from any loss, liability, damage, cost or expense, including without limitation reasonable legal, accounting, consulting, engineering, court costs and other expenses, related to the presence of storage tanks or the presence or release of hazardous substances, materials and wastes, including, but not limited to, those substances, materials and wastes which are listed in the United States Department of Transportation Hazardous Materials Table or by the Environmental Protection Agency as hazardous substances and those that are or become regulated under any applicable local, state or federal law.

15. BANKRUPTCY: In the event that the Property comes under the jurisdiction of a bankruptcy court, Seller shall immediately notify Agent of the same and if Seller is the subject of bankruptcy, shall promptly take all steps necessary to obtain court approval of Agent’s appointment to sell the Property, unless Agent shall elect to terminate this Agreement upon said notice.

16. REPRESENTATIONS: Seller represents and warrants to Agent that it has the right to offer the Property for sale and further represents and warrants that it has the right and authority to execute and deliver such instruments as may be necessary to effectuate any transaction contemplated hereby.

17. INDEMNIFICATION: Seller represents and warrants that the information set forth herein and any other information as may be furnished by the Seller is correct to the best of Seller's knowledge; Agent shall have no obligation or responsibility for checking or verifying any such information. Further, Seller agrees to indemnify Agent for any and all loss or damage sustained by Agent as a result of Agent’s or Seller's furnishing such information to a buyer or anyone else.

18. PARTIES AND BENEFIT: This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns and their personal representatives. Each signatory to this Agreement represents and warrants that he or she has full authority to sign this agreement on behalf of the party for whom he or she signs and that this Agreement binds such party.

19. MEDIATION. If a dispute arises out of or related to this Agreement or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration, litigation, or some other dispute resolution procedure. If the need for mediation arises, the parties will choose a mutually acceptable mediator and will share the cost of mediation equally. The mediation will take place at a mutually acceptable location in the city where the Agent’s Office Address is located unless otherwise indicated as follows:________________________ ____________________________________________________________________________________ 20. ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions shall also be a part of this Agreement: _____________________________________________________________ ____________________________________________________________________________________ 21. ENTIRE AGREEMENT/CHANGES. This Agreement constitutes the entire agreement between the parties and there are no representations, inducements, or other provisions other than those expressed herein. All changes, additions, or deletions to this Agreement must be in writing and signed by the parties. Agent Initials______ Seller Initials ______ ______ Rev. April 2016

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THE AGENT SHALL CONDUCT ALL BROKERAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAL STATUS OF ANY PARTY OR PROSPECTIVE PARTY TO THE AGREEMENT. Seller and Agent each acknowledge receipt of a signed copy of this Agreement. J. LEVINES AUCTION & APPRAISAL, LLC. MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. Seller____________________________________________________________________________________________ Seller____________________________________________________________________________________________ Mailing Address____________________________________________________________________________________ Home Phone_______________________ Work Phone ________________Mobile Phone__________________________ Fax _________________________ E-mail_______________________________________________________________ Agent (Listing Firm) J. Levines Auction & Appraisal LLC By: ________________________________________________________ Individual license #:____________________ Office Address_____________________________________________________________________________________ City/State/Zip : ____________________________________________________________________________________ Office Phone _______________________________________ Mobile Phone ___________________________________ Fax _______________________________________________ E-mail_________________________________________

Agent Initials______ Seller Initials ______ ______ Rev. April 2016

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Contact us for all your real estate and personal property auctions!

J. Levine Auction & Appraisal

10345 N. Scottsdale Road

Scottsdale, Arizona 85253

jlevines.com | 480. 496. 2212 | [email protected]