- REGISTRATION OF BIDDERS. REGISTRATION TO TAKE PLACE FROM NOON TO 2:00 PM ON Tuesday January 25th, 2011. WISHING TO PARTICIPATE IN THE BIDDING PROCESS OF THE SALE ARE REQURED TO OBTAIN, FILL OUT, AND DELIVER A BIDDER REGISTRATION FORM DURING THE REGISTRATION PROCESS. AN INDUVIDUAL’S SIGNATURE ON THE BIDDER REGISTRATION FORM IS AN ACKNOWLEDGMENT OF HIS/HER FULL AND COMPLETE UNDERSTANDING OF ALL TERMS AND CONDITONS AND HIS/HER AGREEMENT TO BE BOUND THEREBY. THEREFORE, BIDDERS ARE CAUTIONED TO CAREFULLY READ ALL APPLICABLE TERMS AND CONDTIONS CONTAINED IN THE DOCUMENT AND THE SALES FLYER BEFORE SIGNING THE BIDDER REGISTRATION CARD. BIDDERS MUST PRESENT A PHOTO ID AND EARNEST MONEY DEPOST IN THE AMOUNT OF $100,000 IN THE FORM OF CASHIER’S OR CERTIFIED CHECK MADE PAYABLE TO ERKELENS & OLSON AUCTIONEERS. EACH REGISTERED BIDDER WILL BE ISSUED A BIDDER NUMBER UPON COMPLETTION OF THE REGISTRATION PROCESS. EACH BIDDER IS SOLELY RESPONSIBLE FOR THE USE OF HIS/HERE BIDDER NUMBER AND ANY USE BY ANOTHER PERSON IS PRESUMED TO BE WITH THE CONSENT OF /AND CONTRACTUALLY BINDING ON THE REGISTERED BIDDER. ONLY REGISTERED BIDDERS WILL BE ALLOWED THROUGH THE GATE.
2. EARNEST MONEY DEPOSIT. IMMEDIATELY AFTER THE BIDDING IS COMPLETED, THE HIGH BIDDER AND BACKUP BIDDER WILL BE REQUIRED TO MAKE A $100,000 EARNEST MONEY DEPOSIT IN THE FORM OF A CASHIERS/CERTIFIED CHECK MADE PAYABLE TO ERKELENS & OLSON AUCTIONEERS. THE SUCCESSFUL BIDDER’S DEPOSIT(S) WILL BE RETAINED AS THE INITIAL PAYMENT FOR THE PROPERTY. PERSONAL OR BUSINESS CHECKS, BANK LETTERS, OR LETTERS OF CREDIT WILL NOT BE ACCEPTED. A CASHIER’S CHECK MADE PAYABLE TO THE BIDDERS NAME CAN NOT BE ACCEPTED.
3. INSPECTION OF PROPERTY. THE BIDDER IS INVITED, URGED, AND CAUTIONED TO INSPECT THE PROPERTY PRIOR TO SUBMITTING A BID. FAILURE TO INSPECT PROPERTY SHALL NOT CONSTITUTE CAUSE FOR CANCELLATION OF SALE. PROPERTY WILL BE AVAILABLE FOR INSPECTION AT THE TIMES SPECIFIED BY THE CONTRACTOR. ABSOLUTELY NO ACCESS TO PROPERTY IS ALLOWED WITHOUT PRIOR AUTHORIZATION. PLEASE CALL FOR AN APPOINTMENT.
4. ORAL STATEMENTS AND MODIFICATIONS. CHANGES MAY BE MADE ON THE DAY OF THE SALE TO THE PROPERTY STATUS OR DESCRIPTIONS IN THE SALES FLYER. THESE CHANGES TAKE PRECEDENCE OVER PREVIOUS FLYER INFORMATION PERTINENT TO THE PROPERTY, BUT DO NOT ALTER IN ANY WAY THE BASIC TERMS AND CONDITIONS OF SALE.
5. REAL PROPERTY DESCRIPTIONS. THE BIDDER UNDERSTANDS AND AGREES THAT THE PROPERTY IS OFFERED, PURCHASED AND ACCEPTED BY THE BUYER “AS IS” AND “WITH ALL FAULTS AND GOOD QUALITIES”. SELLER AND ITS AGENT MAKE NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL, OR IMPLIED AS TO QUALITY, CONDITION OR HABITABILITY. ALL INFORMATION CONTAINED IN THE SALES FLYER WAS DERIVED FROM SOURCES BELIEVED TO BE CORRECT, BUT THERE IS NO GUARANTEE. BUYER ACKNOWLEDGES THAT HE/SHE RELIED ENTIRELY ON HIS/HER OWN INFORMATION, JUDGMENT AND INSPECTION OF THE PROPERTY.
6. OFFERING OF PROPERTY FOR AUCTION AND SUBMISSION OF BIDS. ONCE THE SELLER ACCEPTS A BID, A FINAL WRITTEN SALES CONTRACT WILL BE PREPARED TO INCLUDE THE INDIVIDUAL INFORMATION OF THE HIGH BIDDER WITH THE ACCEPTED BID AMOUNT. A CONTRACT MAY ALSO BE CONDITIONALLY ESTABLISHED WITH RECOGNIZED BACK-UP BIDDER FOR EXECUTION IF THE HIGH BIDDER DEFAULTS FOR A REASON OR IS REJECTED BY THE SELLER.
7. CONSIDERATION OF BIDS. THE SELLER RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS, AND TO WAIVE ANY TECHNICAL DEFECTS IN BIDS. PROPERTY IS BEING SOLD SUBJECT TO AACEPTANCE OF THE US BANKRUPTCY COURT, DISTRICT OF UTAH.
8. FINANCING. THE BUYER IS RESPONSIBLE FOR OBTAINING HIS/HER OWN FINANCING ARRANGEMENTS AS REQUIRED. THE SELLER DOES NOT PROVIDE FINANCING FOR THE PURCHASE OF ANY PROPERTY OFFERED UNDER THESE TERMS AND CONDITIONS. BIDDERS ARE STRONGLY RECOMMENDED TO INVESTIGATE AND SECURE FINANCING ARRANGEMENTS, IF REQUIRED, PRIOR TO ATTENDANCE AT THIS PUBLIC OFFERING.
9. CLOSING. CLOSING WILL BE HELD WITHIN 20 CALENDAR DAYS OF THE DATE THE SELLER SIGNS THE SALES CONTRACT ACCEPTING THE BUYER’S OFFER. CLOSING COSTS INCLUDING, WITHOUT LIMITATION, TRANSFER TAXES, DOCUMENTARY STAMPS, RECORDING FEES, AND ESCROW FEES WILL BE PAID BY THE BUYER IN ACCORDANCE WITH THE CUSTOMS OF COUNTY IN WHICH THE PROPERTY IS LOCATED. CLOSING TO TAKE PLACE AT TITLE ONE TITLE COMPANY, 6975 SO. UNION PARK CENTER, MIDVALE, UTAH 84074.
10. TITLE. CLEAR TITLE WILL BE CONVEYED VIA THE SELLER. LIENS AND OTHER ENCUMBRANCES WILL BE PAID BY THE SELLERS. TITLE INSURANCE IS AVAIABLE AT BUYERS EXPENSE.
11. PHONE BIDDING IS AVAILABLE. CHECK THE WEBSITE FOR FORM.
12. BROKER PARTICIPATION. A 1% BROKERS COMMISSION WILL BE PAID TO THE SUCCESSFUL BROKER WHO REGISTERS HIS/HER CLIENT IN ADVANCE OF THE AUCTION. A BROKERS CLIENT MUST BE LISTED ON COMPANY LETTERHEAD AND MAILED OR FAXED TO ERKELENS & OLSON AUCTIONERS. (801-323-9389). ALL LETTERS/FAXES MUST BE RECEIVED BY FRI. JANUARY 21ST AT NOON MOUNTAIN STANDARD TIME. (NO EXCEPTIONS WILL BE CONSIDERED).
GOOD LUCK AND WE WILL SEE YOU AT THE AUCTION.