REAL ESTATE TERMS:
The real estate will sell subject to owner approval. A 5% earnest money deposit is due within 24 hours of auction conclusion with the balance due within 45 days. The purchaser shall assume the real estate taxes due and payable in May 2024. Possession will be given at final closing. Any fee (typically $250 - $300) charged by a title company or escrow agent to close the transaction will be split evenly between buyer & seller. The auction is subject to a 3 minute auto-extend closing.
• This online only auction is not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by Bidder and or Buyers at registration prior to bidding.
• The contract is required to be fully and correctly completed, WITHOUT any modifications and properly signed within 24 hours of the close of auction.
• The sale of this property is subject to any and all easements of record.
• The sale of this property is subject to all state and local zoning ordinances.
• Parcel dimensions and acreages are based on legal descriptions & public records
• Aerial photos are for illustration purposes only and not surveyed boundary lines.
• The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Curran Miller Auction / Realty, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Curran Miller Auction / Realty, Inc. reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. 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.
• Curran Miller Auction / Realty, Inc., Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Curran Miller Auction / Realty, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
• Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information. All information contained in this information packet and all related materials are subject to the terms and conditions outlined in the Contract for Sale of Real Estate 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 Curran Miller Auction / Realty, Inc., Agents or Representatives. 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 the brochure and on the website is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller, Curran Miller Auction / Realty, Inc., Agents or Representatives. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. All decisions of Curran Miller Auction / Realty, Inc. are final. Any dispute between Curran Miller Auction / Realty, Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Vanderburgh County, Indiana. By bidding on the property, buyer agrees to all terms and conditions set forth.
• Buyer and or Bidder agrees to hold harmless and indemnify Curran Miller Auction / Realty, Inc. and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
PERSONAL PROPERTY TERMS:
Cash, certified funds or wire transfer within 24 hours of auction completion. All items must be removed by Friday, October 27th.
Please Review All Online Terms Prior To Bidding!
• Bidders are responsible for packing, loading, and moving all items purchased without assistance from Curran Miller Auction / Realty, Inc. Auction Company will NOT supply any tools, boxes or packing materials. If you are the winning bidder on large items, please bring help and equipment to load the item.
INSPECTION, DUE DILIGENCE, ABSENCE OF WARRANTIES, & MISC. TERMS:
• Bidders accept all auction items “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.
o Attending Auction Showings are strongly encouraged.
• Curran Miller Auction / Realty, Inc. is not responsible for any missing or incorrect listing information. Curran Miller Auction / Realty, Inc. has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder's responsibility to inspect the item and determine the condition of each lot. Descriptions that are provided by Curran Miller Auction / Realty, Inc. are provided in good faith and are matters of opinion.
• Curran Miller Auction / Realty, Inc. and the seller furnish all auction items to buyers 'As Is', unsupported, without warranty of any kind. Curran Miller Auction / Realty, Inc. and the seller disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Items are sold in their actual current condition, with all faults and defects, and with all errors of description.
• Curran Miller Auction / Realty, Inc. has full discretion to modify the date and time, order, and details of the sale of any item or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Curran Miller Auction / Realty, Inc. or the seller. Curran Miller Auction / Realty, Inc. reserves the right to modify, change, or remove usernames at any time.
• In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Curran Miller Auction / Realty, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Curran Miller Auction / Realty, Inc. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
• Curran Miller Auction / Realty, Inc. reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Curran Miller Auction / Realty, Inc. reserves the right to resell any personal property that is not paid for in full by the conclusion of the stated pickup date. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property.
• Buyer and or Bidder agrees to hold harmless and indemnify Curran Miller Auction / Realty, Inc. and its Agents, Owners, Directors, Employees, Sellers and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
• Curran Miller Auction / Realty, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.
• The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Curran Miller Auction / Realty, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Curran Miller Auction / Realty, Inc. reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, mental fitness, etc.
• Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. 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. Auction company employees and/or Auction Company may bid on items within auction. We gather aggregate information from the web site which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence.
• If purchases are not settled by the specified pick up day, it will be considered in default. Upon default, the bidder will be black listed/blocked from bidding on Curran Miller Auction / Realty, Inc. auctions, as well as MarkNet Alliance auctions. All defaulted items may be offered to the next highest qualified bidder at the discretion of Curran Miller Auction / Realty, Inc.
• The bidder agrees to pay all reasonable attorney fees and other costs incurred by Curran Miller Auction / Realty, Inc. in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of two percent (2%) of the outstanding balance per month be added to any unpaid balance due Curran Miller Auction / Realty, Inc. Any dispute will be tried in a court of jurisdiction in Vanderburgh County, Indiana.
• EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
• By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Curran Miller Auction / Realty, Inc. of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
• If, for any reason, Curran Miller Auction / Realty, Inc. is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Curran Miller Auction / Realty, Inc., if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.
• Any dispute between Curran Miller Auction / Realty, Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Vanderburgh County, Indiana. By bidding on any item, buyer agrees to all terms and conditions set forth.
SELLER: KSK Land Development Inc.
