PLEASE READ AND REVIEW THE TERMS OF THIS AUCTION THOROUGHLY PRIOR TO PLACING ANY BID. IF YOU HAVE NOT READ AND UNDERSTOOD THESE TERMS DO NOT BID. BY PLACING ANY BID, BIDDER/BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE PROPERTY UNDER THE FOLLOWING TERMS AND CONDITIONS:
UPON CONCLUSION OF THE AUCTION: The High Bidder will be emailed:
(1) Real Estate Purchase Contract for the winning tract(s)
(2) Buyer Closing Information Sheet
and required to print, complete, sign, and deliver both to the Tract 2 house at 21734 Keyesport Rd, Keyesport, IL at 1:00 PM Wednesday, December 9, 2020 along with the specified Earnest Money deposit.
Please note: All earnest money checks should be made payable to Certified Title, as they are the closing agent for this auction. If wire transfer of earnest money deposits are required, please let us know and wiring instructions can be provided. Purchaser shall be responsible for all wire transfer fees.
This non-refundable earnest money deposit will be held in escrow until closing and that amount will then be credited to the Buyer as part of the purchase price of the property. This is earnest money for the purchase of the property and is given with no contingencies.
High bidder not executing and returning the completed contract and earnest money deposit by 4:00 PM the day after the auction may be considered in default. Such default by the Successful Bidder will result in that Bidder’s liability to both the Seller and Aumann Auctions, Inc. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damages for it's breach, (b) to elect to affirm this contractual agreement and enforce it's specific performance or (c) Seller can resell the property either publicly or privately with Aumann Auctions, Inc. and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding costs of the property, the expenses of both sales, legal and incidental damages of both the Seller and Aumann Auctions, Inc. In addition, Aumann Auctions, Inc. also reserves the right to recover any damages separately from the breach of the Buyer.
Both the Successful Bidder and Seller shall indemnify Aumann Auctions, Inc. for and hold harmless Aumann Auctions, Inc. from any costs, losses, liabilities, or expenses, including attorney fees resulting from Aumann Auctions, Inc. being named as a party to any legal action resulting from either Bidders or Sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement.
REAL ESTATE TERMS:
• BUYER’S PREMIUM: A 4% Buyer’s Premium will be added to the winning bid to determine the total purchase price of the property.
• DATE OF CLOSING: The closing will take place within 45 days from the date of the auction and as specified in the Contract for Sale of Real Estate. All taxes will be prorated to the day of closing unless otherwise noted in the auction.
• NO CONTINGENCIES: This Real Estate contract is not contingent on or subject to Buyers financing, appraisal, survey or inspections of any kind or any other contingencies whatsoever. All property sells as is, where is, with all faults, errors of description or discrepancies.
• TITLE: Buyer is entitled to and the Seller will provide clear, insurable title for property upon full payment.
• ZONING AND EASEMENTS: Property is being sold subject to any and all easements of record. Property is subject to all state and local zoning ordinances.
• AERIAL PHOTOS, Images and Drawings: are for illustration purposes only and not surveyed boundary lines unless specified.
• AGENCY: Aumann Auctions, Inc. is the Agent and Representative of the Seller.
• CONDITION OF PROPERTY: Property is sold 'AS IS, WHERE IS' condition. Aumann Auctions, Inc, the Sellers nor their representatives, agents, or employees make express or implied warranties or representations of any kind. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property prior to bidding on the subject property. All information presented in the brochure, website, and all other mediums is subject to verification by all parties relying on it. All sketches and dimensions are approximate. No liability for its accuracy, errors, or omissions is assumed by the Seller, Aumann Auctions, Inc. or their Agents or Representatives. Buyer and or Bidder agrees to hold harmless and indemnify Aumann Auctions, Inc. and their Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
• DISCLAIMER: All information included herein was derived from sources believed to be correct, but is not guaranteed. Please watch for new data, corrections and changes: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information.
• DISPUTES: Any dispute between Aumann Auctions, Inc or the Sellers or their Agents or Representatives and the Buyer(s) will be (a) arbitrated in Montgomery County, IL or (b) tried in a court of jurisdiction in Montgomery County, Illinois at the discretion of both the Seller and Aumann Auctions, Inc. Bidder agrees to pay all legal fees for Seller and Aumann Auctions in any such dispute or any action brought forward.
BIDDING AND REGISTRATION INFORMATION
BIDDER VERIFICATION: Bidders must register using their own name(s) and credentials. Bidders not using true and correct information are still subject to any action taken on this site. Bidding rights are provisional, and if identity verification is questionable, Aumann Auctions, Inc. has the right to reject the registration, and bidding activity will be terminated. The Seller and Aumann Auctions, Inc. reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Aumann Auctions, Inc. or in their sole opinion detrimental to Bidding Activity, then Aumann Auctions, Inc. reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges.
MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified.
AUCTION END TIMES: Aumann Auctions, Inc. online only auctions are timed events and all bidding will close at specified time. However, our auctions also have an 'Auto Extend' feature. Any bid placed within the final 5 minutes of an auction results in the auction automatically extending 5 additional minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lot sits idle for 5 minutes. This can be the entire auction or just one item depending on the auction.
TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Aumann Auctions, Inc. reserves the right to extend bidding, open bidding back up, continue the bidding, or close the bidding. Neither the company providing the software, nor Aumann Auctions, Inc. shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Bidder agrees accepts that this is at the sole discretion of Aumann Auctions, Inc. in the decision.
CONDUCT OF THE AUCTION: Conduct of the auction and increments of bidding are at the direction and discretion of Aumann Auctions, Inc. Aumann Auctions, Inc. reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Aumann Auctions are final.
YOUR BID ON THIS AUCTION INDICATES BOTH AN UNDERSTANDING AND AN ACCEPTANCE OF THE TERMS OF THIS CONTRACTUAL AGREEMENT BETWEEN YOURSELF AND BOTH THE SELLER AND AUMANN AUCTIONS, INC. AND THAT YOU, AS THE BIDDER, ARE PREPARED TO PURCHASE THE PROPERTY UNDER THE TERMS AND CONDITIONS OF THIS AUCTION.