EXHIBIT A

EACH BIDDER ACKNOWLEDGES AND AGREES THAT ALL PROPERTY IS OFFERED, AND IS BEING SOLD, IN ITS “AS IS” AND “WHERE IS” CONDITION, WITH ALL FAULTS, DEFECTS AND LIMITATIONS, WHETHER OR NOT APPARENT.

Any information provided by Seller or Brehe regarding sizes, floor plans, square footage and/or bedrooms/bathrooms for the Properties are approximations and their accuracy is not warranted or guaranteed by any such parties. Such approximations are based only upon available information provided by the Seller. Actual sizes, floor plans, square footage, bedroom/bathrooms and/or other details may vary. Neither Seller nor Brehe shall be liable for any allowance, adjustment or revision in value of the Property based upon the failure of the Property, its appliances, or its floor plan to conform to any specific standards and every party is urged to verify such information independently.

You acknowledge and agree that you are bidding for and, if you are the Winning Bidder, acquiring the Property in its present state and condition, with all defects, both patent and latent, and with all faults of the Property whether known or unknown, presently existing or that may hereafter arise.

You acknowledge and agree that Brehe and the Seller have not made, do not make and specifically negate, and disclaim, any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property. This disclaimer shall include: (a) the value, nature, quality or condition of the Property, including, without limitation, the water, soil and geology; (b) any income to be derived from the Property; (c) the suitability of the Property for any and all purposes, including occupancy, and any activities or uses which may be conducted thereon; (d) the compliance of or by the Property or its operation with any laws, rules, ordinances, or integrity of the land or any buildings or improvements of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness of the Property for any particular purpose; (f) the manner or quality of the construction or materials, if any, incorporated into the Property; (g) the manner, quality, state of repair or lack of repair of the Property; (h) the existence of any view from the Property or that any existing view will not be obstructed in the future; (i) the conformity of the improvements to any plans or specifications for the Property that may be provided to you; (j) the conformity of the Property to applicable zoning or building code requirements; (k) the existence of soil instability, past soil repairs, susceptibility to landslides and/or sinkholes, sufficiency of under-shoring, sufficiency of drainage, or any other matter affecting the stability or integrity of the land or any buildings or improvements situated thereon; (l) whether the Property is located in a special studies zone under the public resources code or a seismic hazards zone or a state fire responsibility area, or a special flood hazard zone; or (m) any other matter with respect to the Property.

You acknowledge that the Property may not be in compliance with applicable zoning, building, health or other law or codes, and that the Seller may not have occupied or managed the Property and that the Property may not be in habitable or usable condition. You also acknowledge and agree that, without limitation, Brehe and any Seller have not made, do not make, and specifically disclaim any representation regarding compliance with the Americans With Disabilities Act or with any environmental protection, pollution or land use laws, rules, regulations or orders or requirements, as defined by the U.S. Environmental Protection Agency regulations or the disposal or existence, in or on the Properties, of any hazardous substance, as defined by the comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder.

Each Bidder acknowledges and agrees that such Bidder has had the opportunity to view and inspect the Property prior to bidding, and further acknowledges and agrees that the following inspections are not material to such Bidder bidding on, and/or purchasing the Property:

• Termite/pest/wood infestation inspection;
• Radon test;
• Structural (including roof and foundation);
• Electrical inspection;
• Plumbing inspection;
• Heating system inspection;
• Water analysis to determine potability;
• Percolation inspection to determine use of Property in conjunction with state sewage facilities law;
• Septic/sewage disposal system;
• Inspections to determine environmental hazards and/or toxic wastes or substances;
• Wetland studies; and
• Lead testing.

If and to the extent that a Bidder has not conducted any or all inspections prior to an Auction, such Bidder agrees and acknowledges that he/she/it has waived all rights to conduct such an inspection and that the failure to conduct such an inspection will not excuse performance or be a legally permissible reason for breach of the Purchase Agreement.