• DO NOT BID unless you have read the Williams & Williams Terms & Conditions of Sale, the Contract for Sale, Property Disclosures, all available due diligence materials, and the Auction Day Notes for each property. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, AUCTION DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.

• Due diligence materials (environmental, survey, title, contract, etc.) available under cover of CNRA.

• See “Closing Costs” paragraph of the Contract for additional closing costs associated with this property.

• Lease-back Disclosure.  Seller will lease-back the ATM building on-site.  See Exhibit E regarding the Terms and Conditions including rental rate in the “ATM Lease Agreement” as part of the Auction Real Estate Sales Contract.  Buyer acknowledges receipt of the “ATM Lease Agreement” and the Auction Real Estate Sales Contract and agrees to be bound by the terms therein.

· Deed Restriction Disclosure.  Buyer understands that Seller will convey a warranty deed to the Property that includes use restrictions.  Buyer acknowledges receipt of deed restriction document titled ‘Declaration of Restrictions’ and agrees to accept the conveyance document that includes the terms, conditions and restrictions set forth therein.

• Buyer acknowledges that Bank of America employees and their spouse, domestic partners, dependent children and business entities in which an employee has an interest are prohibited from purchasing the properties.

• No Buyer Broker compensation will be offered

• All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

• Escrow. Buyer acknowledges receipt of the Joint Escrow Instructions that modifies the Contract for Sale to provide for a designated Escrow Agent to hold down payment funds. Buyer and Seller agree that the Escrow funds may be held in a trust/escrow account located outside of the state where the Property is located.

· Property Tax Disclosure Summary: Buyer Should Not Rely On The Seller’s Current Property Taxes As The Amount Of Property Taxes That The Buyer May Be Obligated To Pay In The Year Subsequent To The Purchase. A Change Of Ownership Or Property Improvements Triggers Reassessments Of The Property That Could Result In Higher Property Taxes. If You Have Any Questions Concerning Valuation, Contact Property Appraiser’s Office For Information.

· Square Footage/Acreage Disclosure. The source of the square footage or acreage represented for the property is from public record. Buyer understands and acknowledges that square footage or acreage measurements of a property can vary from a few feet to several hundred feet regardless of source (County Assessor’s records, appraisal or appraisal measurement report, survey, etc.). Buyer shall be solely responsible for satisfying that the size and/or square footage or acreage of the property is acceptable to the Buyer.

• Personal Property Not Included.  Only title to the real estate is being conveyed. Personal property may be present, but is not included in the auction. Removal of personal property remaining on site at the time of closing is the responsibility of the Buyer.

· Zone, Code, and Use Disclosure.  Buyer acknowledges that the Property shall be purchased “AS-IS, WHEREIS, WITH ALL FAULTS.” The Property may be subject to city, village, and/or county code or zoning violations, and Buyer accepts the property subject to any such violations.  Buyer agrees to conduct an independent search of all property records in the city, county, and/or village prior to bidding and has bid accordingly.  Buyer shall be responsible for any and all required remediation of the property, if any.  Buyer shall not rely on any information provided by the Seller or Williams & Williams regarding the status of any code or zoning violations, and shall base its decisions on its independent inspection.  Buyer also acknowledges that the property may be subject to city, village, and/or county occupancy regulations and requirements which may impact the current and/or future use of the properties.  Buyer acknowledges that the seller and Williams & Williams make no warranties of any nature, express or implied, as to the permitted uses of the property, and any prohibition of buyer’s intended use of the property shall not be a grounds for terminating the contract.

• Pictures may not reflect specific parcel, entire parcel, or current conditions of any structures that are present.

PARCEL 1:  ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 171 OF THE 16TH DISTRICT OF DEKALB COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE TRUE POINT OF BEGINNING, COMMENCE AT THE INTERSECTION OF THE SOUTHERN RIGHT-OF-WAY LINE OF MALL PARKWAY (HAVING A 100-FOOT RIGHT-OF-WAY WIDTH) WITH THE WESTERN RIGHT-OF-WAY LINE OF TURNER HILL ROAD (HAVING A VARIABLE RIGHT-OF-WAY WIDTH), IF SAID RIGHTS-OF-WAY WERE EXTENDED TO FORM AN ANGLE INSTEAD OF A MITERED CORNER; RUN THENCE IN A SOUTHERLY DIRECTION ALONG SAID WESTERN RIGHT-OF-WAY LINE OF TURNER HILL ROAD SOUTH 00 DEGREES 19 MINUTES 17 SECONDS WEST A DISTANCE OF 47.05 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING. FROM SAID TRUE POINT OF BEGINNING AS THUS ESTABLISHED, RUN ALONG SAID WESTERN RIGHT-OF-WAY LINE OF TURNER HILL ROAD THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 19 MINUTES 17 SECONDS WEST A DISTANCE OF 32.90 FEET TO A POINT; AND SOUTH 01 DEGREES 02 MINUTES 39 SECONDS WEST A DISTANCE OF 84.95 FEET TO A POINT; THENCE LEAVING SAID RIGHT-OF-WAY LINE, RUN SOUTH 45 DEGREES 49 MINUTES 42 SECONDS WEST A DISTANCE OF 28.39 FEET TO A POINT; THENCE NORTH 89 DEGREES 23 MINUTES 14 SECONDS WEST A DISTANCE OF 229.53 FEET TO A POINT; THENCE NORTH 44 DEGREES 23 MINUTES 14 SECONDS WEST A DISTANCE OF 28.28 FEET TO A POINT;
THENCE NORTH 00 DEGREES 36 MINUTES 46 SECONDS EAST A DISTANCE OF 151.10 FEET TO A POINT; THENCE NORTH 48 DEGREES 52 MINUTES 29 SECONDS EAST A DISTANCE OF 26.63 FEET TO A POINT LOCATED ON THE SOUTHERN RIGHT-OF-WAY LINE OF MALL PARKWAY; RUN THENCE IN A GENERALLY EASTERLY DIRECTION ALONG SAID SOUTHERN RIGHT-OF-WAY LINE OF MALL PARKWAY THE FOLLOWING COURSES AND DISTANCES: ALONG THE ARC OF A 1,195.92-FOOT RADIUS CURVE, AN ARC DISTANCE OF 155.76 FEET TO A POINT (SAID ARC BEING SUBTENDED BY A CHORD HAVING A BEARING OF SOUTH 87 DEGREES 04 MINUTES 25 SECONDS EAST AND A LENGTH OF 155.65 FEET); NORTH 89 DEGREES 11 MINUTES 41 SECONDS EAST A DISTANCE OF 48.38 FEET TO A POINT; AND SOUTH 44 DEGREES 41 MINUTES 38 SECONDS EAST A DISTANCE OF 65.27 FEET TO A POINT LOCATED ON THE WESTERN RIGHT-OF-WAY LINE OF TURNER HILL ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING. 

THE ABOVE-DESCRIBED PROPERTY CONTAINS 1.1040 ACRES AND IS MORE PARTICULARLY SHOWN ON THAT CERTAIN BOUNDARY & TOPOGRAPHIC SURVEY FOR THE CITIZENS AND SOUTHERN NATIONAL BANK PREPARED BY TRAVIS N. PRUITT, SR., GEORGIA REGISTERED LAND SURVEYOR NO. 1729, TRAVIS PRUITT & ASSOCIATES, P.C., DATED MARCH 19, 1990, LAST REVISED AUGUST 6, 1990.

AND

PARCEL 2: EASEMENTS AND OTHER INTERESTS IN REAL PROPERTY CONTAINED IN THAT CERTAIN DECLARATION OF FORTY FOOT ACCESS DRIVE AND UTILITY EASEMENTS BY AND BETWEEN DEKALB CENTER ASSOCIATES, A GEORGIA LIMITED PARTNERSHIP, AND THE CITIZENS AND SOUTHERN NATIONAL BANK, DATED AUGUST 19, 1990, FILED FOR RECORD AUGUST 17, 1990 AND RECORDED IN DEED BOOK 6773, PAGE 591, DEKALB COUNTY, GEORGIA, REAL PROPERTY RECORDS.