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Type of Auction: Public Auction
Address of Auction: 5171 Reservation Road, Oswego,
IL
Auction Contact Name: Brian Ward, CAI, GPPA
Auction Contact Phone: (630) 556-3648
Auction Contact Fax: (630) 556-3648
Auction Contact Email: info@wardauction.net
Auction Highlights: Real Estate to be sold at 12:00 Noon CST
5 plus Wooded Acres
Absolutely Beautiful wooded property with a creek
More info coming along with terms and conditions.
Personal Property to be sold at 10:00 am. CST
Bid On-Line on some items click the link below
http://www.auctionzip.com/cgi-bin/catview.cgi?catid=4699
1955 Ford T-Bird with matching numbers (Very Nice)
Dune Buggy
Much much more
Terms & Conditions: Terms and Conditions of the Auction Sale
Auction: 5171Reservation Road, Oswego, Illinois 60543
ASSIGNED BIDDER NUMBER: __________ REQUIRED FUNDS: Y N (circle one)
BROKER REPRESENTED: Y N If Yes, Broker Name: ________________________________
1. REGISTRATION TO BID:
Bids will only be accepted from Registered Bidders. $20,000.00 (twenty thousand American dollars) non-refundable deposit in the form of cash, certified funds, a bank letter of guarantee to accompany a personal or business check, All checks shall be made payable or assignable/transferable to Ward Auction and Appraisals Inc. Escrow Account. Bidders must fill out the registration sheet, acknowledging that they have read and accept the terms and conditions of the auction. Upon filling out this registration the registrant shall be issued a bidder number and will be considered qualified to bid. The Seller and Auction Firm may waive or alter the Certified Funds requirement solely at their discretion.
2. DEPOSITS:
At the conclusion of the Auction and at time of signing the purchase agreement the successful bidder will be required to tender to Ward Auction and Appraisals Inc. Escrow Account a non-refundable Contract Deposit of 10% of the Final High Bid
3. CONTRACTS:
The successful bidder(s) must sign all documents and contracts immediately upon conclusion of the auction. Acceptance by the Seller shall be determined by time specified in the individual purchase agreements. All contracts are considered Time is of the Essence.
4. PROPERTY SOLD “AS IS, WHERE IS, WITH ALL FAULTS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND:
The real estate property shall be sold subject to conditions, restrictions, planning and development restrictions or conditions, right-of-way easements, and reservations, if any, of record, and all other matters of record taking priority, subject to the rights, if any, of tenants-in-possession, and further subject to all conditions announced at sale; and confirmation of the high bid by the Seller.
5. REAL ESTATE BROKERS:
A commission shall be paid to the licensed, qualified broker, whose properly registered buyer is the successful bidder at the auction, and whose buyer closes escrow on the property. Brokers must register their prospective buyer on the required Broker Participation Form (completely filled out and signed). In the event a commission reduction is required to consummate a sale, Ward Auction and Appraisals Inc. reserve the right to proportionately reduce the commission herein. Brokers must accompany their buyers to the Auction. The form may be obtained by calling 630-556-3648 and must be submitted to Ward Auction and Appraisals Inc. no later than close of business 2 days prior to the Auction. Ward Auction and Appraisals Inc. in its sole discretion may waive or alter the terms of Broker Participation.
6. REAL ESTATE CLOSING:
Buyer must close escrow of real property on or before October 6, 2008. The Seller shall provide a General Warranty Deed. Buyer will be required to pay customary closing cost, document preparation, transfer taxes, normal prorations and closing fees. Buyer acknowledges that this sale is not contingent upon post sale inspections or financing approval.
7. TITLE:
Title will be conveyed to the buyer(s) by fee simple marketable title via General Warranty Deed, free and clear of all encumbrances, excepting those of record such as easements, restrictive covenants and restrictions as dictated by planning and zoning authorities or by governing law.
8. SURVEY:
The buyer shall pay part or all of the cost of any survey conducted for the benefit of the auction. If a subsequent survey by the buyer shows a greater or lesser number of acres or square footage this will not affect the purchase or purchase price.
9. CHANGES, ALTERATIONS AND ANNOUNCEMENTS:
The Auctioneer reserves the right to deny any person admittance to the auction, to postpone or cancel the auction, to withdraw the property from Auction and to change or alter the terms of the Auction upon announcement prior to or during the course of the Auction sale.
10. AGENCY AND REPRESENTATION OF THE PARTIES:
Ward Auction and Appraisals Inc. are acting as agent on behalf of the Seller only. During bidding, the Auctioneer has the right to reject any raise that, in his opinion, is not commensurate with the property value. In the event of any dispute after the sale, Ward Auction and Appraisals Inc. record of final sale shall be conclusive.
11. RIGHTS:
All announcements made the day of sale take precedence over any prior written or verbal terms of sale. Buyers will acquire properties subject to the rights of all parties in possession. If any conditions contained herein are not complied with by the buyer, Ward Auction an Appraisals Inc. and the Seller, may, in addition to asserting all remedies available by law, including the right to hold defaulting buyer liable for the purchase price, either (a) cancel the sale, retaining as liquidated damages any payment made by the buyer; (b) resell the property at public auction; or (c) take such action as it deems necessary or appropriate. The retention of the bidder’s deposit shall not limit any rights or remedies of Ward Auction and Appraisals Inc. or the Seller with respect to the buyer’s default. If the property is resold, the original defaulting buyer shall be liable for payment of any deficiency in the purchase price and all cost and expenses, the expenses of both sales, reasonable attorney’s fees, commissions, incidental damages and all other charges due hereunder. The Auctioneer reserves the sole right to alter the bidding procedures, terms and conditions of the auction, at any time. All real estate is subject to prior sale. Pre-auction offers and the auction day will be a sale with no contingencies.
12. HONOR OF BIDS MADE:
Bidder hereby agrees to honor all bids made at this auction by signing of the purchase contracts and delivery of required deposits.
13. BACK UP BIDDER:
Ward Auction and Appraisals Inc. will have the Back Up Bidder sign a bid acknowledgement form, immediately following the auction. This form shall only allow Ward Auction and Appraisals Inc. to track the Back Up Bidder should the winning bidder not perform.
14. JURISDICTIONS:
The respective rights and obligation of the parties with respect to the Terms and Conditions of Sales and the conduct of the auction shall be governed and interpreted by the laws of the State of Illinois. By bidding at any auction, whether present in-person or by agent, by internet bid, or other means, the buyer shall be deemed to have consented to the jurisdiction of the state and federal courts sitting in the State of Illinois. Any controversy or breach of said contract shall be settled by arbitration administered by the American Arbitration Association under its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Court of venue shall be deemed to be in St. Charles Illinois. All parties hereinafter agree to submit to arbitration of disputes by neutral third party, all arbitration shall be dictated by the rules and regulations of the American Arbitration Association. Legal costs both parties to be paid by the losing party.
BIDDER ACCEPTANCE OF AND ACKNOWLEDGEMENT OF THE FOREGOING TERMS AND CONDITIONS:
BIDDER’S SIGNATURE: _________________________________________ Date: _____________ Time: ________
Bidder’s Information:
Full Name: ______________________________________ Company: ____________________________________
Address: ______________________________________ City: ____________________ ST______ Zip: __________
Home Phone: _________________________ Work: _______________________ Fax: _______________________
Mobile: ______________________________ Email: ___________________________________________________
(Place Government Issued ID Below for Photocopy :)
Where did you hear about this auction? Newspapers ___ Websites ___ Brochure ___ Telephone ____
Important Dates to Remember
Now thru September 4th Buyer’s Brokers pre-registration
Saturday September 6th Auction day 10:00 AM
Monday October 6th Last day to close on property
THIS IS NOT A SOLICITATION OR OFFERING TO RESIDENTS OF ANY STATE WHERE THIS OFFERING IS PROHIBITED BY LAW
Agency Disclosure: The member company acting as auctioneer/agent is an agent for the seller only.
Disclaimer: Information contained herein is believed to be correct to the best of auctioneer/agent's knowledge but is subject to inspection and verification by all parties relying on it. Sellers, their representatives and auctioneer/agent shall not be liable for inaccuracies, errors, or omissions. All square footage and other dimensions are approximate. This offering is subject to prior sale and may be withdrawn, modified or cancelled at any time without notice.
Personal Property Terms:
Master Card and Visa,15% buyers premium for internet/ absentee bidders. Information is subject to change. All lots are sold as is, where is, with all faults, imperfections and errors of description. Due diligence is the responsibility of the bidder/buyer. All sales are final. Purchases may be removed upon receipt of payment in full. Buyers assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone. All statements made prior to the sale of any item take precedence over written material and any prior verbal statements. Not responsible for accidents, thefts, errors or omissions. Items may be added or deleted.
ABSENTEE AND INTERNET BIDDING TERMS & CONDITIONS
1.) Ward Auction & Appraisals has put forth every effort in preparing the catalog for this auction to provide accurate descriptions of all items. All property is sold "as-is" and it is the bidder's responsibility to determine the exact condition of each item. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. Absolutely NO refunds.
2.) All accounts must be settled at the conclusion of the auction. Your credit card will be charged for your purchases. We accept Visa & MasterCard. NOTHING will be charged to your card until a purchase is made. There is a 15% internet bidding fee added to your total purchase.
3.) The auction company through the United States Postal Service or United Parcel Service can arrange packing and shipping. Packing and shipping costs are the responsibility of the buyer and may be quoted before shipping. Fragile items and purchases over $500 will be shipped by a professional packer and may result in higher shipping costs. All items will be insured for the purchase price. Our first priority is to deliver your new purchase in excellent condition.
4.) If you win an item in the auction you will be notified by email.
5.) In order to better serve our customers, all bidders must provide their name, address, daytime phone number, and email address at which they can be contacted. This is to insure good communication between Ward Auction & Appraisals, and the bidder throughout any transactions.
6.) The purchaser agrees to pay all reasonable attorney fees and costs incurred by the auction company in the collection of funds. The purchaser also agrees that a fee of 2% per month be added to the balance of any unpaid balance due the auction company and any other costs or losses incurred by the purchasers failure to adhere to these terms. Any debt collection or dispute proceedings will be heard in Kane County, Illinois.
7.) The auctioneer has the sole discretion to advance the bidding and may reject a nominal advance, should it in his estimation prove injurious to the auction. The auctioneer shall be the final judge in all bidding disputes and shall name a bidder as the purchaser.
8.) The auction company shall not be held responsible for any "missed" bids or bids unseen by the auctioneer.
9.) All sales are final.
10.) By bidding on any item, the bidder shows acceptance of the terms of the auction.
11.) The auction company reserves the right to refuse service to any person.
12.) All announcements made day of auction take precedence over any and all written or verbal statements.
NCAL# 5974
ISAL# 440000634
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