The following is a summary of the Terms and Conditions for this online auction of real estate located at and/or identified as 73356 Old Twenty One Rd., Kimbolton, Ohio 43749 (the “Property”), Guernsey County parcel 43-0000001.000, being approximately 28 acres and offered in two parcels. All acreage amounts are approximate and subject to a new survey provided at the Seller’s expense.

By participating in this auction, the Bidder acknowledges, agrees, and accepts that the Bidder has fully read, understands, and consents to be bound by all of the following Terms and Conditions.

This auction has an undisclosed reserve price. If the highest bid or combination of bids meets or exceeds the reserve price, the successful bidder or bidders will execute the Real Estate Purchase Agreement. The Real Estate Purchase Agreement and title documents are available for review prior to bidding under the “Documents” tab of the auction website. No revisions to the Purchase Agreement will be permitted.

COURT APPROVAL. The entire sale, including all bids and resulting Real Estate Purchase Agreements, is subject to court approval. No sale shall be considered final until approved by the court. The successful bidder or bidders agree to remain bound by their bids and Purchase Agreements while court approval is pending. If the court does not approve the sale, any deposit paid by the successful bidder shall be returned, and neither the Seller nor Auctioneer shall have any further obligation or liability to the bidder.

AUCTION PROCEDURE. The Property will be offered in two parcels and may be purchased individually or in combination through the multi-parcel auction process. All bids are legally binding following the close of the auction and while court approval is pending. The auction will begin closing on August 22, 2026, at 12:00 PM EDT. Bidding will remain open on this Property until five minutes have passed without receiving a bid. This soft close ensures fairness and allows the highest bidder or combination of bidders to win. Auctioneer reserves the right to shorten or extend this time. You are NOT bidding by the acre. Bidding is for a lump-sum total dollar amount for each parcel or combination of parcels.

BUYER’S PREMIUM & PURCHASE PRICE. A 10% Buyer’s Premium will be added to the winning bid to calculate the Total Purchase Price. All bid amounts displayed online DO NOT include the Buyer’s Premium. If Bidder’s bid is accepted and the sale is approved by the court, Bidder is legally bound to purchase the Property and agrees to pay the Total Purchase Price, consisting of: Winning Bid amount, plus 10% Buyer’s Premium, plus 50% of the standard title company closing fees, plus 50% of the Owner’s Policy of Title Insurance.

NON-REFUNDABLE DEPOSIT. The winning bidder or bidders shall tender a deposit equal to ten percent (10%) of the Total Purchase Price via electronic transfer or other method specified by the Auctioneer within one (1) business day of the conclusion of the auction. The deposit shall be non-refundable except in the event the sale is not approved by the court or the Seller is unable to provide marketable title. If the winning bidder fails to tender the required deposit in accordance with these auction terms, such failure shall constitute a material default under Ohio law, and the Auctioneer and/or Seller may pursue damages and all other remedies available by law. If the winning bidder fails to close the transaction, through no fault of the Seller, the non-refundable deposit shall be retained by the Auctioneer and Seller as liquidated damages.

PROPERTY CONDITION & INSPECTIONS. The Property, including both homes and all other improvements, is offered and sold AS-IS, WHERE-IS, WITH ALL FAULTS, and without any representations, warranties, guarantees, or assurances of any kind, express or implied, by Seller or Auctioneer, including but not limited to the condition of the homes and improvements; structural condition; soil conditions; septic system condition, feasibility, or approval; water availability or service; access to or availability of public or private utilities; environmental conditions; or suitability for any intended use, including short-term rental use.

The Sellers inherited the Property and have limited knowledge concerning the condition of the homes, improvements, septic systems, utilities, and Property. Seller and Auctioneer shall make no repairs, improvements, or concessions of any kind. All due diligence is the sole responsibility of the Bidder and must be completed prior to bidding. Any inspections are conducted at the Bidder’s sole risk and expense. This sale is not contingent upon inspections, financing, appraisals, septic approval, utility access, approval for short-term rental use, or any other condition.

Sellers are disclosing that the septic systems on parcel 2 will cross over to parcel 1, creating the need for a septic easement.

FINANCING. The winning bidder may choose to finance the purchase; however, this sale is NOT contingent upon the Buyer obtaining financing. Buyers are advised to obtain lender prequalification prior to bidding. Buyer assumes responsibility for any appraisal gaps or lender valuation discrepancies. Closing shall not be delayed due to any delays with Buyer’s lender.

SURVEY. If the property is sold in multiple parcels, only such survey work as may be

required to convey the parcels as sold will be completed. Contiguous parcels purchased by the same buyer will be surveyed as a single parcel. No new survey will be provided if all

parcels sell to the same Buyer. All acreage amounts are approximate. The final purchase

price/s shall be based upon the completed survey (if applicable) of the parcels sold and

adjusted on a per-acre basis using the Gavel Price (winning bid) of the auction parcel.

MINERAL RIGHTS. The Sellers will reserve all oil and gas rights they own. The Property is currently subject to an existing oil and gas lease. Bidders are responsible for reviewing all available title documents and completing their own due diligence concerning the existing lease, mineral ownership, and the Seller’s reservation of oil and gas rights prior to bidding.

CLOSING. Closing shall take place on or before 9/22/2026, or following court approval and the completion of all required surveys and county approvals. Closing will be conducted by:

Monroe Street Title in Millersburg, Ohio

Andrew Brower

+1 (330) 674-7070

abrower@millerreynolds.com

BIDDER INFORMATION & PRIVACY. By bidding on any of our auctions, you agree that Bauer Realty & Auctions, LLC has the right to share your name and phone number with the winning bidder or bidders only. Our bidding process is very transparent, and upon the winning bidder’s request, we may provide our bidder list to the winning bidder or bidders at the Auctioneer’s discretion.

BIDDER ELIGIBILITY. Bidders must be 18 years of age or older. Only the actual buyer may register and bid; no proxy or third-party bidding is permitted. All bidders are subject to approval at the Auctioneer’s sole discretion. Auctioneer reserves the right to request proof of funds or a lender’s prequalification letter before allowing participation or acceptance of any bid.

AGENCY RELATIONSHIP. Bauer Realty & Auctions, LLC and its brokers, salespersons, auctioneers, agents, and employees represent the Seller exclusively.

BID RIGGING – FEDERAL LAW. Bid rigging and/or collusion is a federal felony under Title 15, Section 1 of the United States Code, commonly known as the Sherman Antitrust Act. Any agreement or understanding between bidders to restrict or suppress competitive bidding is illegal.

Violations may result in:

• Fines of up to $100,000,000 for corporations.

• Fines of up to $1,000,000 for individuals.

• Imprisonment for up to ten (10) years.

The Auctioneer reserves the right to report suspected violations to the FBI or other applicable authorities for investigation and prosecution. The following examples of bid rigging and/or collusion are prohibited and will be reported to the proper authorities:

• Agreements between bidders to limit, suppress, or avoid competitive bidding.

• Any form of payment, incentive, or side agreement to influence bidding activity.

• Undisclosed joint bidding or partnerships.

• Communication between bidders to coordinate bidding or divide parcels.

• Use of agents, aliases, or multiple accounts to conceal identity or manipulate bidding.

• Agreements to withdraw, reduce, or stop bidding to benefit another party.

TECHNICAL ISSUES. In the event of any technical difficulties involving servers, software, internet, or auction platform systems, the Auctioneer reserves the right to extend, pause, resume, or close the auction as deemed appropriate. Neither the Auctioneer nor the software provider shall be liable for any missed bids or platform malfunctions.

ANNOUNCEMENTS. All oral announcements and online postings made by the Auctioneer shall take precedence over any previously printed or published materials.

DEFAULT & ENFORCEMENT. Should Bidder fail to comply with these Terms and Conditions, Auctioneer and/or Seller may pursue all legal remedies available, including recovery of actual damages, court costs, and reasonable attorney’s fees incurred to enforce these terms.

AUCTIONEER

Tristden Bauer

Bauer Realty & Auctions, LLC

614-745-5520

tbauer@mossyoakproperties.com

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