Real Estate AUCTION

Real Estate AUCTION
PROPERTY INFORMATION PACKAGE
Parcel #1 32113 Falcon Dr. (Lot 161 Prairie Rose Add.) Unionville,
MO
Parcel #2 31219 Mockingbird Ln. (Lot 5 Prairie Rose Add.)
Unionville, MO.
THREE WAYS TO BID
1. Sealed Bid – Bid deadline Wesd. Sept 21st 2005
2. Live Online – Via www.proxibid.com
3. Live on site – Bid live at the property 1:30P Sept. 24th
1-800-544-5186
ATTENTION PROSPECTIVE BIDDERS
DISCLAIMER
ALL INFORMATION CONTAINED IN THIS AND OTHER ADVERTISEMENTS WAS
OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE. HOWEVER, NO
WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, IS INTENDED OR
MADE. ALL PURCHASERS MUST INDEPENDENTLY INVESTIGATE AND CONFIRM
ANY INFORMATION OR ASSUMPTIONS ON WHICH ANY BID IS BASED. NEITHER
AUCTION COMPANY NOR SELLERS SHALL BE LIABLE FOR ANY ERRORS OR THE
CORRECTNESS OF IMFORMATION.
THIS PROPERTY IS OFFERED FOR SALE TO QUALIFIED PURCHASERS WITHOUT
REGARD TO PERPSPECTIVE PURCHASHER’S RACE, COLOR, RELIGION, SEX,
MARITAL STATUS OR NATIONAL ORIGIN.
ALL ANNOUNCEMENTS MADE AT THE AUCTION OR IN THE BID OFFERING,
TAKE PRECEDENCE OVER ANY OTHER INFORMATION OR PRINTED MATTER.
PROPERTY MAY BE ADDED OR DELETED WITHOUT NOTICE OR PENALTY.
PROPERTY IS SOLD “AS-IS WHERE-IS” WITHOUT REPRESENTATION OR
WARRANTY OF ANY KIND, INCLUDING ANY REPRESENTATIONS REGARDING
ENVIRONMENTAL CONDITIONS AND FITNESS FOR PARTICULAR USE,
MERCHANTIBILTY OR OWNERSHIP.
THE AUCTION COMPANY, BROKER AND THE SELLER, THEIR SUCCESSORS AND
ASSIGNS, DO NOT MAKE OR HAVE MADE ANY REPRESENTATION OR
WARRANTY WITH RESPECT TO THE ACCURACY, CORRECTNESS, OR
COMPLETENESS OF THE INFORMATION, THE CONTENTS OR MEANING OF THE
INFORMATION CONTAINED HEREIN, OR THE VALUATION OF THE PROPERTY.
ANY DECISION TO PURCHASE OR NOT TO PURCHASE THE PROPERTY
DESCRIBED IS THE SOLE AND INDEPENDENT BUSINESS DECISION OF THE
POTENTIAL PURCHASER. NO RECOURSE OR CAUSE OF ACTION WILL LIE
AGAINST ANY OF THE HERE-IN PARTIES SHOULD PURCHASER BECOME
DISSATISFIED WITH ITS DECISION, WHATEVER IT MAY BE, AT A LATER TIME.
TERMS AND CONDITIONS OF SALE
PROSPECTIVE BUYER HAVE THREE WAYS TO PLACE A BID:
1. SEALED BID: To submit a sealed bid, prospective buyers must request or download a Sealed bid instruction packet and
2.
3.
bid form, and must completely fill out the form. The bid form may be mailed to our Office at PO BOX 57, Conrad, IA
50621 and received no later than 4pm September 21s.
BID LIVE ONLINE: Prospective buyers may bid online at the time of the live auction, by going to PROXIBID.COM and
registering to bid at our auction September 24th. The auction will take place in real time in conjunction with the live auction
occurring at the property.
BID LIVE AT THE PROPERTY: Prospective buyers may participate in the live auction scheduled for 1:30PM September
24th to be held a the property, 32113 Falcon Dr. Unionville, MO (Lot 161 Prairie Rose Addition, Lake Thunderhead, MO).
DEPOSITS:
The high bidder will be required to place a non- refundable deposit equal to $10,000 for Parcel #1 & $5,000 for Parcel #2 and upon
being named the successful high bidder shall raise the bid to 10% of the purchase price within 5 business days. No third party
checks will be accepted. This deposit is non-refundable if you are the high bidder and the high bid is accepted by the Seller.
Personal Checks will be accepted with bank letter of credit for amount of deposit.
CONTRACTS:
The successful bidder(s) must sign all documents and contracts immediately upon being named as the successful high bidder. All
contracts are considered Time of the Essence.
BUYER’S PREMIUM:
A buyer’s premium of ten percent (10%) shall be added to the successful bidder’s high price and included in the total purchase price
to be paid by the successful bidder.
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, right-of-way easements, and reservations, if any, of record,
filed and unfiled mechanics and materialman’s liens, if any, 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 by the Seller. Risk of loss or
damage to the property shall be borne by the purchaser from and after the time of sale.
REAL ESTATE CLOSING:
BUYER MUST CLOSE SALES OF REAL PROPERTY BY 24 SEPTEMBER 2005. The entire purchase
price must be paid by cashiers or certified check, attorney’s escrow check or wired funds at closing. No purchase is contingent on
financing. Buyer is entitled to a deed and marketable title for property upon full payment.
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 purchases the property. A broker shall not be entitled to any commission on any sale to an affiliated entity or an
immediate family member. 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, Tranzon reserves the right to
proportionately reduce the commission herein. Brokers must accompany their buyers to the Auction. PLEASE use he form provided
and submit to Tranzon no later than close of business 2 days prior to the Auction.
AGENCY:
Tranzon is acting as agent on behalf of the seller only.
SURVEY:
The cost of any survey conducted for the benefit of the auction shall be a cost to the seller.
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, Tranzon and/or 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 Tranzon or the sellers 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.
Property Highlights
Please request or download property brochure for complete property information.
Parcel #1: 32113 Falcon Dr. Unionville, MO (Lot 161 Prairie Rose Add).
Property consists of large corner lot with 2688SF Ranch style home built in
2005. Home is nestled in to a quiet cove on Lake Thunderhead. Two
bedrooms, two bath upstairs with unfinished walkout basement down. Please
see plat for lot size.
REAL ESTATE TAXES: $250.90
Parcel #2 : 31219 Mockingbird Ln. Unionville, MO (Lot 5 Prairie Rose
Add.)
Prime Development lot with 100 feet of shoreline. Super Location for
that Lake home getaway.
REAL ESTATE TAXES: $376.35
INFORMATION CONTAINED HEREIN IS DEEMED TO BE ACCURATE, BUT IT IS NOT
WARRANTED BY EITHER THE SELLER, AUCTIONEER, REAL ESTATE BROKER OR ANY OF
THEIR ASSOCIATES OR AGENTS. ALL PURCHASERS ARE ADVISED TO INSPECT THE
PROPERTY THROUGHLY AND ACQUAINT THEMSELVES WITH ITS CONDITION. THE
PURCHASER SHALL RELY ON HIS OWN INSPECTION. THIS INFORMATION PACKET IS
PROVIDED TO SERVE AS ONLY A GUIDE. THE PROPERTY IS BEING SOLD ON AN “AS IS” AND
“WHERE IS” BASIS WITH NO WARRANTY OR GUARANTY EITHER EXPRESSED OR IMPLIED. IF
YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS ASK THE AUCTIONEER FOR
CLARIFICATION. IF YOU CHOOSE NOT TO ABIDE BY THESE INSTRUCTIONS DO NOT BID.
PUBLIC INSPECTION
SUNDAY SEPTEMBER 11th 2PM
&
ONE HOUR PRIOR TO LIVE AUCTION
CONTACT NAME FOR THIS AUCTION SALE:
MARTY ROGERS CAI AARE
TRANZON ROGERS
1-800-544-5186 OR 641-922-7185
WEB SITE:
www.tranzonrogers.com
SEALED BID INSTRUCTIONS
Lake Thunderhead, Unionville, MO
Lakeside home & prime development lot.
All Sealed Bids must be received by 4:00 P.M. CST on Wednesday, September 21, 2005 at the following
address:
Tranzon Rogers
Attention: Marty Rogers
PO Box 57
412 N. Washington ST
Conrad, IA 50621
Please mark envelope: “Description”
Any bid received after the deadline may be returned to the sender unopened. Please make sure to put a return
address on your bid.
If you are using an overnight service to deliver your bid, we recommend that you specify morning delivery to
avoid possible delays by the delivery service.
Each bid must contain:
•
•
•
An executed copy of the Bidders Statement;
An executed copy of the Sealed Bid Form;
A certified or cashier’s check in the amount declared on the bid form, made payable to Tranzon Rogers;
No check will be deposited until such time as a bid is accepted. The successful bidder’s Initial Earnest Money
will be held in an interest bearing account. Please remember that any changes in the form of the Real Estate
Sales Contract must be approved prior to the submission of your bid. Seller will give preference to bids that
offers the highest Total Purchase Price, that are fully conforming to the terms and conditions and that close in the
designated period of time.
BIDDER’S STATEMENT
Parcel #1 32113 Falcon Dr. Unionville, MO (Lot 161 Prairie Rose Add.) 2688SF
Lakeside home Lake Thunderhead
Parcel #2 31219 Mockingbird Ln, Unionville, MO (Lot 5 Prairie Rose Add.) Prime
Vacant Lot with 100 FT of shore line.
The undersigned represents and warrants that he or she is of legal age and has full legal capacity and authority to
understand, execute and deliver this Bidder’s Statement on behalf of the undersigned or the entity, if any, designated above
the signature line below. In consideration of being permitted to bid at sealed bid auction, the undersigned agrees with the
ownership of the above-referenced property, Indian Creek Foundation (“Seller”), and Tranzon Alderfer (“Broker(s)”, and
their respective successors and assigns as follows:
1.
The undersigned acknowledges receipt of or access prior to the execution hereof of copies of each of the following
items:
a)
Brochure describing the auction, including the Terms and Conditions of Sale for Purchasing the Property
at a Sealed Bid Sale; and
b)
Bidder’s Information Package (“Bid Package”), which has been available for review prior to the on-site
property inspections.
2.
The undersigned has the financial resources necessary to complete the timely acquisition of the Property, as and
when required pursuant to the Real Estate Sale Contract, at the bid price offered by the undersigned.
3.
The undersigned has reviewed the Wildflower Community Association bylaws and has obtained and reviewed all
other information which he, she or it feels is necessary or appropriate in order to bid at the auction. The Bid
Package and all such information are acceptable to the undersigned and such acceptance is reflected in the
amount bid by the undersigned.
4.
The undersigned has independently inspected and reviewed the physical condition of the Property, including (but
not by way of limitation) (a) the title of Seller, (b) the condition and state of repair and lack of repair of all
improvements thereon, (c) the existence and condition of any or all personal property at the Property, (d) the
nature, provisions and effect of all health, fire, environmental, building, zoning, subdivision and all other use and
occupancy laws, ordinances and regulations applicable thereto.
5.
The undersigned understands and agrees: (a) THAT THE PROPERTY WILL BE SOLD “WHERE IS” IN “AS IS”
CONDITION WITH NO WARRANTY, EXPRESSED OR IMPLIED ABOUT SUCH CONDITION (SELLER AND BROKER
EXPRESSLY DISCLAIMING ANY WARRANTIES OF HABITABILITY, FITNESS FOR INTENDED USE OR OTHER
IMPLIED WARRANTIES) AND WITH THE UNDERSIGNED ACCEPTING ALL DEFECTS, BOTH APPARENT AND
LATENT, AT ITS OWN, ABSOLUTE AND EXCLUSIVE RISK; (b) that the Property is acceptable in its present condition;
and (c) that neither Seller nor Broker will have any liability or obligation whatsoever for the physical condition of the
Property, or for any inaccuracy in or omission from any of the written information and materials about the Property.
6.
The undersigned confirms that no officer, employee or agent of Seller, Seller’s Broker, or any persons alleging to
be or represent the Seller or Seller Broker has made any representations or warranties concerning the Property
and/or Bid Package. Except to the extent of any undertakings to be made by Seller in the Purchase and Sale
Agreement, the undersigned hereby absolutely and unconditionally releases and discharges Seller, Seller’s
Broker and their respective officers, employees, agents, successors and assigns, or and from any claim or cause of
action the undersigned may heretofore or hereafter have relating to the Bid Package and any alleged oral or
written representations, warranties or agreements relating thereto or to the Property.
IN WITNESS WHEREOF, the undersigned has caused this Bidder’s Statement to be executed by its duly authorized
representative as of the ________ day of __________________________, 2005.
_______________________________________
(Please sign)
Print Name: ______________________________
Title: ___________________________________
Company: _______________________________
For Entity Bidder:
_______________________________________
Name of Bidder
SEALED BID FORM
Parcel #1 32113 Falcon Dr. Unionville, MO (Lot 161 Prairie Rose
Add.) 2688SF Lakeside home Lake Thunderhead
Parcel #2 31219 Mockingbird Ln, Unionville, MO (Lot 5 Prairie Rose
Add.) Prime Vacant Lot with 100 FT of shore line.
Acknowledge receipt of Bidders Packet and Bidders Statement
Included a certified or cashiers check in the following amount for each parcel bid on.
Deposit monies will be brought to be 10% of successful bid price within 5 business days of acceptance.
Parcel #1, $10,000.00 deposit
Parcel #2, $5,000.00 deposit
An individual bid amount must be placed on each parcel when bidding.
Buyers Premium MUST be completed to be regarded as an acceptable bid.
(Please indicate here the amount of bid for each parcel)
Parcel #1, Bid price
__________________________________
10% Buyers Premium
___________________________________
Total Contract price
___________________________________
Parcel #2, Bid price
__________________________________
10% Buyers Premium
__________________________________
Total Contract Price
__________________________________
_________________________________________
(Please sign)
Print Name: _______________________________
Title: _____________________________________
Company: _________________________________
Please Note: If you have questions concerning this Sealed Bid form please consult with your attorney. You may
also contract Tranzon Rogers at 1-800-544-5186.
BROKER REGISTRATION AGREEMENT
I, _______________________________________________________________________("Registered Broker/Agent") a
Broker/Agent with
(Name of Broker/Agent)
___________________________________________ hereby register my Client,________________________________
(Brokerage)
("Client")
for the auction of ______________________________________________________________________________
Address
BROKER HEREBY AGREES TO THE FOLLOWING:
1. If my Client is the Successful Bidder at the Auction, I will receive a referral of 2% of the written opening bid and only 1% of any
bids that exceed said written opening bid from the Listing Broker upon compliance with all terms and conditions of this agreement. If
no amount is entered in the opening bid area the commission shall be one percent (1%) of the winning bid only. It is understood and
agreed that Client must acknowledge my representation by signing this agreement. Referral fee will be paid upon closing under the
Purchase Agreement. It is understood and agreed that no referral fee or compensation whatsoever shall be due unless and until each of
the following conditions has occurred: (i) my delivery of this Broker Registration agreement to Tranzon (ii) execution by Client and
ratification by Seller of the Purchase Agreement; and (iii) actual and final closing of title as evidenced by execution, delivery, and
recording (where Applicable) of all closing instruments, and payment in full of the purchase price specified in the Purchase
Agreement. It is further understood and agreed that if for any reason whatsoever the sale is not finally closed, including acts,
omissions, or negligence on the part of the Seller and/or Auctioneer, Auctioneer and Seller are relieved from any and all liability,
claim or charge whatsoever, and no referral fee or other compensation shall be due or payable to me. If my Client defaults under the
Purchase Agreement results in forfeiture of the Deposit (as defined in the Purchase Agreement), or any portion thereof, or Client pays
or becomes liable for damages to Seller, I shall not be entitled to any portion of such forfeited deposit(s) or damages.
2. I hereby represent and warrant that I am, (1) a duly licensed real estate Broker /Agent (2) serving only as a Broker in this
transaction, not as a principal; and (3) my Client has no principal or ownership interest in my brokerage and is not a member of my
immediate family.
3. I understand that a prospective purchaser may only be represented by one Broker/Agent.
4. It is understood and agreed that this registration agreement is valid only for the day of the Auction and expires upon conclusion of
the Auction, unless my client is the Successful Bidder at the auction. Any strikes or changes to any provisions or clauses by
Broker/Agent will make this entire agreement null and void.
CLIENT HEREBY AGREES TO THE FOLLOWING:
1. I hereby acknowledge that the within named Broker/Agent is my sole and exclusive representation in this matter.
2. I represent and warrant that I am not a principal in, nor do I have any ownership interest in, the brokerage named in this "Broker
Registration
Agreement" and am not a member of the immediate family of said Broker/Agent.
THIS AGREEMENT MUST BE COMPLETED, IN FULL, BY ALL PARTIES AND FORWARDED BY FAX TO (641) 922-7061 NO
LATER THAN CLOSE OF BUSINESS 2 DAYS PRIOR TO AUCTION. THE ADDRESS PO Box 57, 412 N. Washington, Conrad, IA
50621.
CLIENT: REGISTERED BROKER/AGENT:
_________________________________________________ _________________________________________________
Print Name Print Name
________________________________________________ _________________________________________________
Signature (Client) Signature (Broker/Agent)
__________________________________________________ _________________________________________________
Address Name of Company
__________________________________________________ _________________________________________________
Address
(____)_______________ __________________________ (_____)_______________________ ____________________
Telephone Date Telephone Date
$ (____)________________________
OPENING BID AMOUNT
____________________________________
FAX
This registration is accepted by Tranzon: ______________________________________________________________ _
Tranzon
Date