WIXLIB

GENERAL TERMS OF SALEBids, become Earnest Money to the benefit, custody,accountability and control of the Government.issue, issued by the Government prior to the conclusionof the online auction, those modifications, addenda oramendments, shall be part of the reissued IFB.g. FLAT BIDA flat bid is for an amount at least the current bidplus the posted minimum Bid Increment. If thebid is greater than another bidder’s automatic bid,the system will consider this flat bid as the current(winning) bid. If the bid is less than or equal toanother bidder’s automatic bid, the system willrecord the bid but it will not be considered thecurrent (winning) bid.m. PROPERTYThe term “Property” refers to the property or propertiesdescribed in the Property Description of this IFB.n. PURCHASERThe term “Purchaser” refers to the bidder whose bid theGovernment accepts and is used interchangeably with“Buyer” and “Grantee”.o. WEBSITEThe GSA Auctions website, GSAAuctions.gov, has beendeveloped to allow the general public the opportunityto bid electronically on a wide array of Federal assets,including real property. Auctions for real property areoffered as a separate asset category at GSA Auctionsand can be viewed at RealEstateSales.gov. Additionalinformation can also be found at PropertyDisposal.gsa.gov.h. GENERAL SERVICES ADMINISTRATIONThe term “General Services Administration”(“GSA”) as used herein refers to the United StatesGeneral Services Administration, a Federal agencyconducting this sale in agreement with the UnitedStates Department of Justice acting on behalf of thePersonal Representative for the Fabio Enrique ZuletaEstate.i. GOVERNMENTThe term “Government” as used herein refers to theUnited States of America or GSA.2. DESCRIPTION PROVIDED IN IFBThe description of the Property, and all other informationprovided with respect to the Property set forth in the IFB,are based on the best information available to GSA, RealProperty Utilization and Disposal (4PZ) and are believedto be correct. Any error or omission, including but notlimited to, the omission of any information available tothe agency having custody over the Property and/or anyother Federal agency, shall NOT constitute grounds orreason for nonperformance of the contract of sale, or claimby purchaser for allowance, refund or deduction from thepurchase price. The IFB is made available at Realestatesales.gov and may be modified and amended by the Governmentat any time prior to the conclusion of the auction. Bidderagrees and accepts that notices of any changes to thedescriptions provided in this IFB are satisfactory when madeavailable on either or both of GSA’s real property disposalwebsites at RealEstateSales.gov and/or disposal.gsa.gov.j. GRANTORThe term “Grantor” as used herein refers to thePersonal Representative for the Fabio Enrique ZuletaEstate.k. HIGH BIDDERThe term “High Bidder” refers to the bidder, whosebid conforms to the terms and conditions of the IFB,is the highest dollar bid at the close of the auctionand is determined by the Government to be the mostacceptable bid.l. INVITATION FOR BIDSThe term “Invitation for Bids” (“IFB”) refers tothis document and the following items that areattached hereto and incorporated herein: the PropertyDescription; Terms of Sale; Instructions to Bidders;Notice and Covenants; Bidder Registration andBid Form for Purchase of Property; Exhibits andAdditional Documents. Should the aforementioneddocuments be modified or supplemented by anyaddenda or amendments, or replaced by a new3. INSPECTIONThe Property will be open for inspection by appointmentonly. Please contact Crissie Gravitt at 404-831-8612 ormary.gravitt@gsa.gov for scheduling.No one will be allowed access to the Property without thepresence of a GSA employee or designee.4IFB No. PEACH422002001 Issued 11/22/21

GENERAL TERMS OF SALEBidders are invited, urged, and cautioned toinspect the Property prior to submitting a bid.Photos provided by the Government may notrepresent the condition or existence of anyimprovements of the Property and are NOTto be relied upon in place of the Bidder’s owninspection. Any maps, illustrations or othergraphical images of the Property are provided forvisual context and are NOT to be relied upon inplace of the Bidder’s own inspection. The failureof any bidder to inspect, or to be fully informedas to the condition of all or any portion of theProperty, will not constitute grounds for any claimor demand for adjustment or withdrawal of a bidafter the auction.repair the Property not otherwise contained herein.Purchaser shall rely solely on its own due diligenceand examination of the Property. Purchaseracknowledges that there will be no claims or anyallowances or deductions upon grounds that theProperty is not in condition or fit to be used forany purpose intended by the Purchaser after theconclusion of the auction. All personal propertyremaining on the Property will be considered partof the sale and will be conveyed “As-Is/Where-Is”at the time of sale closing as part of the PersonalRepresentative Deed. The Government makes noclaims to the condition of these items, their fitnessfor use, or the amount of items to be included inthe sale. An “As Is, Where Is” provision will beincluded in the Personal Representative Deed.4. CONTRACTThe IFB and the bid, when accepted by theGovernment shall constitute an agreement forsale (“Agreement”) between the high bidder(“Purchaser”) and the Government. SuchAgreement shall constitute the whole contract tobe succeeded only by the formal instrument(s) oftransfer, unless modified in writing and signed byboth parties. No oral statements or representationsmade by, or for, or on behalf of either partyshall be a part of such contract. In addition,the Purchaser shall not transfer or assign theAgreement without the express written consentof the Government. Any assignment transactionwithout such consent shall be void.6. ZONINGThe Property is zoned Residential MultifamilyHigh Density (RM-3), according to the Cityof Miami Beach. The Property is subjectto the jurisdiction of the City of MiamiBeach. Verification of the present zoning anddetermination of permitted uses, along withcompliance of the Property for any proposed futureuse, shall be the responsibility of the bidder; andthe Government makes no representation in regardto zoning matters. Any inaccuracies or changesin the zoning information shall NOT be cause foradjustment or rescission of any contract resultingfrom this IFB.For more information contact:Miami Beach Planning DepartmentTamara C. Allen Frost(305) 416-1493TFrost@miamigov.com5. CONDITION OF PROPERTYThe Property is offered for sale “AS IS” AND“WHERE IS” without representation or warranty,expressed or implied. The Purchaser, andPurchaser’s successors and assigns, or any partyin-possession of the Property, or any part thereof,further acknowledges that neither the Grantor northe Government makes any representations orwarranty concerning the title, zoning, character,condition, size, quantity, quality and state of repairof the Property. The Government makes no otheragreement or promise to alter, improve, adapt or7. RISK OF LOSSAs of the date of conveyance, the Purchaser shallassume all responsibility for care and handlingand all risks of loss or damage to the Property,including but not limited to all buildings and otherimprovements located thereon, and assume all5IFB No. PEACH422002001 Issued 11/22/21

GENERAL TERMS OF SALEobligations and liabilities of ownership and noclaim for any allowance or deduction upon suchgrounds will be considered after the conclusion ofan auction.Purchaser agrees and understands that a debt tothe United States of America subject to claimor collection by applicable Federal law may becreated if their Earnest Money is in any waymade unavailable to the Government and that anyparty that knowingly participates in such retrievalor refund may be held fully accountable forinterfering with a Government contract.8. TAXES, ASSESSMENTS AND OTHERCOSTSAs of the date of conveyance, the Purchasershall assume responsibility for all general andspecial real and personal property taxes or otherassessments which have been or may be assessedon the Property, and for all sums due to be paidby the Government in lieu of taxes, which amountshall be prorated.10. GOVERNMENT LIABILITYIf the Government accepts a bid for the purchaseof the Property and (1) the Government fails forany reason to perform its obligations as set forthherein; or (2) title does not transfer or vest in thePurchaser for any reason, although Purchaser isready, willing, and able to close; or (3) any othercontractual claim or cause of action hereafteraccrues in favor of Purchaser under the termsof this IFB, Government’s liability to Purchasershall be strictly limited to all amounts of moneyPurchaser has paid to Government without interestwhereupon Government shall have no furtherliability to Purchaser.9. REVOCATION OF BID AND DEFAULTPurchaser agrees that bids made to purchase theProperty are binding offers and once accepted forcontract by the Government, all deposits made bythe Purchaser to register for the sale, subject tothis Invitation for Bids, become Earnest Moneyto the benefit, custody and accountability of theGovernment.In the event of (1) revocation of a bid after theconclusion of an auction, but prior to acceptance ofthe high bid by the Government, or (2) in the eventof revocation of a bid after notice of acceptance,or (3) in the event of any default by the Purchaserin the performance of the contract of sale createdby such acceptance, or (4) in the event of failureby the Purchaser to consummate the transaction,the Purchaser agrees that any Earnest Moneyand all deposits paid to the Government in anyacceptable form, including credit card, togetherwith any payments subsequently made on account,are subject to forfeit by the Purchaser to theGovernment at the option of the Government asdamages for breach of contract, in which event thePurchaser shall be relieved from further liability.Purchaser agrees that all deposits made with creditcards are subject to forfeit upon Governmentdetermination of Purchaser’s default and breachof contract. Purchaser shall not request retrieval,chargeback or any other cardholder refund.11. TITLE EVIDENCEAny bidder, at its sole cost and expense, mayprocure any title evidence that the said bidderdesires. The Government will, however, cooperatewith the Purchaser or their authorized agent inthis transaction, and will permit examination andinspection of such deeds, abstracts, affidavits oftitle, judgments in condemnation proceedings,or other documents relating to the title of thepremises and Property involved, as it may haveavailable. It is understood and agreed that theGovernment is not obligated to pay for anyexpense incurred in connection with title mattersor survey of the Property.612. TITLEIf a bid for the purchase of the Property isaccepted, a Personal Representative deed or a deedwithout warranty in conformity with local lawand practice will convey the real property interest.IFB No. PEACH422002001 Issued 11/22/21

GENERAL TERMS OF SALEThe Government does not pay for or provide titleinsurance.If the Government desires to accept any bid afterthe expiration of the sixty (60) calendar days, theconsent of the bidder shall be obtained prior tosuch acceptance.13. EASEMENTS, ENCROACHMENTS ANDRESERVATIONSThe Property will be sold subject to any and allcovenants, reservations, easements, restrictions,encroachments, and rights, recorded or unrecorded,in favor of third parties, for highways, streets,power lines, telephone lines and equipment,pipelines, drainage, sewer and water mains andlines, public utilities, public roads, railroadsand other rights-of-way, and any easements,reservations, rights and covenants reserved by theGovernment and Grantor herein.216. TENDER OF PAYMENT AND DELIVERYOF INSTRUMENT OF CONVEYANCEPrior to closing, the Purchaser or Purchaser’s agentmust open an escrow account with an independent,unaffiliated escrow company (“Escrow Holder”)to handle the closing. All closing costs, includingescrow fees and document handling expenses,shall be borne solely by the Purchaser. As part ofthe closing, the Government will provide escrowinstructions to the Escrow Holder regarding therecording, disposition of proceeds and relatedmatters.14. COVENANT AGAINST CONTINGENTFEESThe Purchaser warrants that he or she has notemployed or retained any person or agencyto solicit or secure this contract upon anyagreement or understanding for commission,percentage, brokerage, or contingent fee. Breachof this warranty shall give the Government theright to annul the contract without liability orin its discretion to recover from the Purchaserthe amount of such commission, percentage,brokerage, or contingent fee in addition to theconsideration herewith set forth. This warrantyshall not apply to commissions payable by thePurchaser upon the contract secured or madethrough bona fide established commercial agenciesmaintained by the Purchaser for the purpose ofdoing business. “Bona fide established commercialagencies” has been construed to include licensedreal estate brokers engaged in the businessgenerally.The closing date of the sale is sixty (60) calendardays after acceptance of the bid. Upon writtenagreement by the Government, the Purchasermay close the transaction prior to the sixty (60)calendar day period.On the closing date, the Purchaser shall tenderto the Purchaser’s Escrow Holder the balanceof the purchase price in the form of a cashier’scheck, certified check or electronic wire transfer.Upon confirmation that Purchaser’s funds havebeen received by the Purchaser’s Escrow Holder,the Government shall deliver the instrument, orinstruments to the Purchaser’s Escrow Holder forrecordation. The Government reserves the right toextend the closing date for a reasonable amount oftime.15. CONTINUING OFFERSEach bid received shall be deemed to be acontinuing offer for sixty (60) calendar days afterthe close of the online auction until the bid isaccepted or rejected by the Government.717. DELAYED CLOSINGAny change to the established closing date issubject to the written approval by the Government.The Government reserves the right to refuse arequest for extension of closing. However, if theGovernment grants an extension, the Purchasermay be required to pay either: (i) a liquidateddamages assessment of 500.00 per day; orIFB No. PEACH422002001 Issued 11/22/21

GENERAL TERMS OF SALE19. OFFICIALS NOT TO BENEFITNo member or delegate to the Congress, residentcommissioner or Government official shall beadmitted to any share or part of the contract ofsale or to any benefit that may arise therefrom, butthis provision shall not be construed to extend tothe contract of sale if made with a corporation forits general benefit. GSA employees are prohibitedfrom bidding on the Property offered in the IFB.(ii) interest on the outstanding balance of thepurchase price, whichever is greater, if the closingof the sale is delayed, and the delay is caused,directly or indirectly, by the Purchaser’s actionor inaction and not by any action on the partof the Government. The interest rate shall becomputed based on the yield of 10-year UnitedStates Treasury maturities as reported by theFederal Reserve Board in “Federal ReserveStatistical Release H.15” plus 1-1/2% roundedto the nearest one-eighth percent (1/8%) as ofthe date of bid acceptance. The Government mayimpose additional terms and conditions to grant anextension.20. CAPACITY TO CONTRACTBidders must have the legal capacity to enter into acontract in order to bid and acquire the Property.21. PROHIBITION ON USE OF CERTAINTELECOMMUNICATION EQUIPMENTBy signature of the Bidder Registration andBid Form, Bidders hereby certify that theirentity is in compliance with Section 889,Prohibition of Certain Telecommunicationsand Video Surveillance Services or Equipmentof the Fiscal Year 2019 National DefenseAuthorization Act (Pub. L. 115-232). Thebidder represents that it does not use coveredtelecommunications equipment or services, or useany equipment, system or service that uses coveredtelecommunications equipment or services. Thestatute prohibits contracting with an entity thatuses certain telecommunications equipmentor services provided by the below entities,companies, affiliates or subsidiaries:18. CLOSING COSTS, DOCUMENTARYSTAMPS AND COST OF RECORDINGAll closing costs, including escrow and financingfees, shall be borne solely by the Purchaser. ThePurchaser shall pay all taxes and fees imposed onthis transaction and shall obtain at Purchaser’sown expense and affix to all instruments ofconveyance and security documents such revenueand documentary stamps as may be required byFederal, state and local law.All instruments of conveyance and securitydocuments shall be placed on record in the mannerprescribed by local recording statutes at thePurchaser’s expense.Within five (5) business days from receipt of theexecuted deed, the Purchaser (or the Purchaser’sEscrow Holder) shall record the personalrepresentative deed in the official records of thecounty. The Purchaser (or the Purchaser’s EscrowHolder) shall provide GSA a conformed copy ofthe recorded deed within five (5) business days ofrecording to the following address: Huawei Technologies Company ZTE Corporation Hytera Communications Corporation Hangzhou Hikvision Digital TechnologyCompany Dahua Technology CompanyThe prohibition of use of thesetelecommunications equipment or services appliesregardless of whether or not that usage is relatedto the terms and conditions of this IFB and thecertification extends until closing of the transactionas specified herein.U.S. General Services Administration RealProperty Utilization and Disposal (4PZ)77 Forsyth Street Atlanta, GA 30303Attn: Crissie Gravitt8IFB No. PEACH422002001 Issued 11/22/21

INSTRUCTIONS TO BIDDERSINSTRUCTIONS TO BIDDERSregister online and to place bids. The requiredpassword must be between six and fifteencharacters. You will be asked to read and agreeto the terms and conditions of the Website.GSA reserves the right to change the onlineterms and conditions. A previously registeredbidder of GSAAuctions.gov can login usingthe established Username and Password. In theevent you forget your Username or Password,or both, or are locked out from the system, itis your responsibility to obtain your Usernameand Password from RealEstateSales.gov.GSA staff cannot assist in retrieving a lost orforgotten Username or Password.1. AUCTION START DATEThe auction opens on Monday, November 22, 2021,at 2:00 p.m. (Central Time).2. TYPE OF SALEThis sale will be an online auction conducted atRealEstateSales.gov. The auction will be conductedover a period of time, usually several weeks, asdetermined by bid activity. The date of the auctionclose (see Paragraph 10, Auction Close) will beannounced at RealEstateSales.gov, with at leastthree business days prior notice. The auctionmay continue beyond that date as long as bidderscontinue to submit higher bids. Thus, the biddersdetermine when the sale closes by their biddingactivity.GSAAuctions.gov has implemented MultiFactor Authentication (MFA) for access toRealEstateSales.gov. Every user must registertheir User ID information if they have not yetset up their MFA. Once registered, you maylog in using your email and password and anumeric verification code. This verificationcode is delivered to you by one of the deliverymethods you chose during your registrationprocess. For additional information on MFA,please review the GSAAuctions.gov FAQpage.3. BIDS AND TERMS OF SALEBids to purchase must be ALL-CASH. Buyersare expected to arrange their own financing andto pay the balance in full by the closing date. NoGovernment credit terms are available. GSA has noinformation on the availability of private financingor on the suitability of this Property for financing.4. STARTING BIDThis auction is being opened with an amount whichdoes not represent the value of the Property butrather provides a reasonable starting point for theonline auction. The starting bid will be displayed asthe Current Bid. The Government seeks to obtainfair market value for the Property and reserves theright to reject any and all bids.You may register as either an individual oras a company and this information must bethe same information provided on the BidderRegistration and Bid Form for Purchaseof Real Property. Changes to title maybe considered after bid acceptance at thediscretion of the Government. If you wish toparticipate as an individual and a representativeof a company, you must register separately foreach and place bids accordingly.5. BIDDER REGISTRATION AND DEPOSITa. Bidder registration is a three-step process:(1) Complete Online Registration: Biddersmust register online at RealEstateSales.gov.Click on “Register”, establish a Usernameand Password and provide the requestedaccount information including a valid emailaddress. A Username and Password are used to9In accordance with Public Law No. 104134, Section 31001, the Debt CollectionImprovement Act of 1996, the TaxIdentification Num

5. ESTATE The Property was willed to the United States of America (Government) and the Government was designated to serve as the sole personal representative (executor of the will) of the estate, pursuant to the Last Will and Testament of Fabio Enrique Zuleta as set forth in Probate