----TERMS:
10% down the day of Auction, balance due in full upon
delivery of the merchantable title and deed free and clear
of all liens and encumbrances except as stated herein and
subject to easements or restrictions of record. A 5% buyer’s
premium will be added to final bid and included in the total
contract price. All bids accepted on the Real Estate subject
to the Sellers approval.
----CONDITIONS: Your bidding is not conditional upon
financing, so be sure you have arranged financing, if
needed, and are capable of paying cash at closing.
----TAXES:
Buyer shall assume and pay real estate taxes due and payable
in May, 2010
----POSSESSION: One day after closing subject to tenants
rights.
----SURVEY: The Seller has a legal description for the
property so no survey will be provided. If a survey is
requested it will be paid by the buyer.
----AGENCY
DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. Auction
Staff (Auctioneers and Ringmen) will represent the Seller
exclusively unless Ness Bros. Agent has a signed buyer
agency agreement with buyer, then that agent has a limited
agency with buyer.
----DISCLAIMER & ABSENCE OF WARRANTIES: All information
contained in the brochure and all related materials are
subject to the terms and conditions outlined in the Purchase
Agreement. The property is being sold on an “AS IS, WHERE
IS” basis and no warranty or representation, either
expressed or implied, concerning the property is made by the
Seller or the Auction Company. All sketches and dimensions
in the brochure are approximate. Each potential bidder is
responsible for conducting his or her own independent
inspections, investigations, inquiries, and due diligence
concerning the property. The information contained in this
brochure is subject to verification by all parties relying
on it. No liability for its accuracy, errors, or omissions
is assumed by the seller or the auction co. Conduct of the
auction and increments of bidding are at the direction and
discretion of the auctioneer. The seller and selling agents
reserve the right to preclude any person from bidding if
there is any question as to the person’s credentials,
fitness, etc. All decisions of the Auctioneer are final.
----DEED
RESTRICTIONS TO RUN WITH TITLE: Restrictions will apply
to the land including minimum square footage on single story
homes of 1350 sq. ft. exclusive of basements, garages and
porches and no less than 1700 sq. ft. for 1 ½ or 2 story
homes, exclusive of basements, garages and porches. There
shall be no two-family or multiple-family dwellings, nor
shall there be any mobile homes on the lots of this
property, nor any off-site manufactured or modular housing
on the lots of this property. Also any out buildings of pole
building quality or better. Buyers must obtain a driveway
permit from the Huntington County Highway Department. These
restrictions will not apply if sold as one unit.
----CLOSING: Balance of purchase price is due in cash at
closing, which will take place within 30 days of proof of
insurable title. The fee charged by any closing agent
(including an attorney acting as a closing agent for both
parties, and Buyer’s lender acting in such capacity) for
closing services shall be paid equally by the parties. Each
buyer will be responsible for paying a $195.00 transaction
fee to be collected at closing.
----SPECIAL NOTE: The top bidder will be required to
enter into a written agreement to purchase improved real
estate contract irrevocable with earnest money deposited at
the auction site immediately following closing of the
auction. By executing this agreement, buyer is making an
offer to seller. Buyer’s offer expires at 11:59 P.M. (local
time) August 16, 2008 unless seller timely accepts it.
THANK YOU
for your interest in this offering. If you have any
questions, please feel free to talk to one of our
representatives.