Phillips Estate

IN ORDER TO BID ON SITE, YOU MUST GIVE FULL NAME, ADDRESS AND TELEPHONE NUMBERS PRESENTING A FORM OF PHOTO IDENTIFICATION AND SHOW EVIDENCE OF HAVING MINIMUM DEPOSITS BY 1.) CERTIFIED LETTER OF GUARANTEE FROM YOUR BANK, 2.)CASHIERS CHECK(S) FOR THE AMOUNT OF DEPOSIT(S) OR 3.) THROUGH OTHER PRIOR ARRANGEMENTS ACCEPTABLE TO UNITED COUNTY PROPERTIES SOUTH INC. AND SELLER. TO BID ONLINE FOLLOW GUIDELINES REQUIRED BY PROXIBID AND UNITED COUNTRY, INCLUDING REQUIRED CERTIFIED BANK LETTER OF GUARANTEE. ONCE YOU ARE PROPERLY REGISTERED YOU WILL RECEIVE A BIDDER NUMBER,WHICH MUST BE VISABLE TO THE AUCTIONEER WHEN BIDDING. THE HIGH BIDDER WILL BE REQUIRED TO PLACE A NON-REFUNDABLE DEPOSIT EQUAL TO 10%OF THE CONTRACT PRICE (AND NOT LESS THAN $5,000)IN CERTIFIED FUNDS UPON BEING NAMED THE SUCCESSFUL HIGH BIDDER. NO THIRD PARTY CHECKS WILL BE ACCEPTED. THIS DEPOSIT IS NON-REFUNDABLE (EXCEPT BY DEFAULT OF THE SELLER) IF YOU ARE THE HIGH BIDDER AND THE HIGH BID IS ACCEPTED BY THE SELLER. ALL CASHIERS CHECKS SHOULD BE MADE OUT TO YOURSELF AND ENDORSED TO THE TITLE COMPANY UPON BEING NAMED THE SUCCESSFUL HIGH BIDDER.THE SUCCESSFUL BIDDER(S) MUST SIGN ALL DOCUMENTS. ALL CONTRACTS ARE CONSIDERED TIME OF THE ESSENCE.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 MATERIALMEN'S LIENS, IF ANY AND ALL OTHER MATTERS OF RECORD TAKING PRIORITY,SUBJECT TO THE RIGHTS, IF ANY OF TENENTS- IN-POSSESSION, AND FURTHER SUBJECT TO ALL CONDITIONS ANNOUNCED AT SALE; AND CONFIRMATION BY THE SELLER. THE PROPERTY, AND ALL THE IMPROVEMENTS TO THE PROPERTY, IF ANY, SHALL BE CONVEYED IN 'AS IS' CONDITION AND WITHOUT WARRANTY OF ANY KIND, INCLUDING ANY WARRANTY AS TO THE PHYSICAL CONDITION, EXTENT OF ZONING, OR ENVIRONMENTAL CONDITIONS (INCLUDING, WITHOUT LIMITATION THE EXISTENCE OF THE RADON GAS, FORMALDEHYDE GAS, AIRBORNE ASBESTOS FIBERS, TOXIC CHEMICALS, UNDERGROUND STORAGE TANKS, LEAD, MOLD, OR OTHER POLLUTANTS IN THE SOIL, AIR OR WATER). BUYER MUST CLOSE SALES OF REAL PROPERTY WITHIN 30 DAYS (OR SOONER IF NOTED IN SPECIFIC TERMS AND CONDITIONS). TIME IS OF THE ESSENCE. THE ENTIRE PURCHASE PRICE MUST BE PAID BY THE CASHIER'S OR CERTIFIED CHECK, ATTORNEYS ESCROW CHECK, OR WIRED FUNDS AT CLOSING. THE BUYERS PURCHASE OF PROPERTY IS NOT CONTINGENT ON FINANCING. THE PROPERTY WILL BE CONVEYED TO THE BUYER BY DEED UPON FULL PAYMENTS OF AMOUNT DUE UNDER THIS AGREEMENT. UNITED COUNTRY PROPERTIES SOUTH INC. AND THE SELLER RESERVES THE RIGHT TO WITHDRAW FROM SALE, THE PROPERTY LISTED. UNITED COUNTRY PROPERTIES SOUTH INC RESERVES THE RIGHT TO CANCEL THE AUCTION SALE UP TO THE TIME PRIOR TO OPENING OF BIDS. THE PROPERTY IS SOLD IN GROSS IN ALL CASES. THE AUCTIONEER IS ACTING AS AN AGENT ON BEHALF OF THE SELLER(S) ONLY AND IS AUTHORIZED TO BID ON BEHALF OF THE SELLERS AS AGENT. THE AUCTIONEER IS NOT RESPONSIBLE FOR THE ACTS OF HIS AGENTS OR PRINCIPALS. DURING BIDDING, THE AUCTIONEER HAS THE RIGHT TO REJECT ANY BID THAT, IN HIS OPINION, IS NOT COMMENSURATE WITH THE PROPERTY VALUE TO ACCEPT BIDS IN ANY INCREMENT HE FEELS IS IN BEST INTEREST OF HIS CLIENT,THE SELLER, TO REJECT THE BIDDING OF ANYONES WHOSE CONDUCT, ACTIONS, OR ADVERSE COMMENTS ARE NOT IN THE BEST INTEREST OF THE SELLER. IN THE EVENT OF ANY DISPUTE AFTER THE SALE, UNITED COUNTY PROPERTIES SOUTH INC. DETERMINATION SHALL BE CONCLUSIVE. A COMMISSION (AS STATED IN THE PROPERTY INFORMATION PACKAGE) CALCULATED ON THE SUCCESSFUL BUYER'S HIGH BID SHALL BE PAID FROM THE PROCEEDS OF THE SALE TO THE LICENSED, QUALIFIED BROKER, WHO PROPERLY REGISTERED BUYER IS THE SUCCESSFUL BIDDER, AND WHOSE BUYER COMPLETES THE PURCHASE OF THE PROPERTY. A BROKER SHALL NOT BE ENTITLED TO ANY COMMISSION ON ANY SALE TO HIM/HERSELF, AN AFFILIATED ENTITY OR AN IMMEDIATE FAMILY MEMBER. BROKERS MUST REGISTER THEIR PROSPECTIVE BUYER ON THE REQUIRED FORM COMPLETELY FILLED OUT AND SIGNED. IN THE EVENT A COMMISSION REDUCTION IS REQUIRED TO CONSUMMATE A SALE, UNITED COUNTRY PROPERTIES SOUTH INC. RESERVES THE RIGHT TO PROPORTIONATELY REDUCE THE COMMISSION HEREIN. IF YOU ARE UNDER THE INSTRUCTIONS TO BID ON BEHALF OF A SECOND PARTY, WE DO LOOK TO YOU (THE BIDDER) TO KNOW HIS AUTHORITY AND TO THE PRINCIPAL TO BE LEGALLY BOUND BY THE ACTIONS OF HIS AGENT. PHONE BIDS WILL BE ACCEPTED, WITH PRIOR ARRANGEMENT ACCEPTABLE TO THE OWNER AND UNITED COUNTRY AUCTION SERVICES. IN THE EVENT OF A TIE BID (WHERE TWO PEOPLE BELIEVE THEY EACH HAVE THE WINNING BID) THE AUCTIONEER WILL REOPEN THE BIDDING BETWEEN THOSE TWO PEOPLE ONLY, GIVING THE PERSON WHOSE BID HE DID NOT SEE THE OPPORTUNITY TO RAISE THE HIGH BID, THEN ALLOWING THE OTHER TO RAISE HIS BID UNTIL THE WINNING BID IS DETERMINED. ALL ANNOUNCEMENTS FROM THE AUCTION BLOCK TAKE PRECEDENCE OVER ANY AND ALL PREVIOUSLY WRITTEN ADVERTISEMENTS OR OTHER REPRESENTATIONS. UPON CONCLUSION OF THE BIDDING THE WINNING BIDDER SHALL SIGN A WRITTEN PURCHASE CONTRACT CONFORMING TO THE TERMS AND CONDITIONS OF THE SALE. THE BUYER SHALL MAKE APPROPRIATE DEPOSIT OR DOWN PAYMENT, WHICH IS NONREFUNDABLE, EXCEPT BY DEFAULT OF THE SELLER OR UNLESS STATE LAW PROHIBITS. THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO THE TERMS AND CONDITIONS OF SALE AND THE CONDUCT OF THE AUCTION SHALL BE GOVERNED AND INTERPRETED BY THE LAWS OF THE STATE WHERE THE PROPERTY IS LOCATED. ANY CONTROVERSY OR CLAIM ARISING FROM OR RELATING TO THE CONTRACT OR ANY BREACH OF SUCH CONTRACT SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS RULES, AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THIS AUCTION IS CONDUCTED BY UNITED COUNTRY PROPERTIES SOUTH INC. ACTING AS AUCTIONEER/LISTING AGENT. UNITED COUNTRY PROPERTIES SOUTH INC. IS SOLELY RESPONSIBLE FOR THE TERMS AND CONDITIONS OF THIS AUCTION AND THE MANNER IN WHICH IT IS CONDUCTED.