Name Charlestown Farmland Auction
Auctioneer McGinnis Auction & Appraisal Service
Type Online-Only Auction
Date(s) 7/7/2017 - 7/27/2017
Bid Now - July 27, 2017
Preview Date/Time July 16, 2 - 4PM July 23, 2 - 4PM All other previews & inspections outside the preview periods shall be by appointment only.
Checkout Date/Time July 28 9 - 5PM
Location 12613 Highway 62 East
Charlestown, IN 47111
Buyer Premium you bid a $1, you pay $1.10
Description
Absolute Auction, 12613 HW62 East, Charlestown, Indiana 47111, Farmland 136+/- Acres, 3BR, 2.5 Brick Ranch, Property will be offered in 2 Tracts with the seller reserving the rights to combine both tracts. Please read all auction terms before bidding. Tract 1: 19.04 acres & house nearly 950' road frontage on HW62. Tract 2: 116 acres of combine tillable & woods, with one area of 29 acres of woodlands. This property is gently rolling . Preview: July 23, 2- 4PM or by appointment. If there are multiple buyers for the 2 tracts there will be a 30" roadway & utility easement through Tract 1 back to Tract 2 along the western edge of Tract 1. No other easements will be conveyed .
Auction Terms & Conditions All terms are as listed on mcginnisauctions.com Auction Terms & Information 1. There will be a $15,000 non-refundable down payment on each parcel purchased or $30,000 if bought in its entirety and made payable to the auction company within 24 hours of the conclusion of the internet auction and this must be delivered to 911 E. Court Avenue at which time signing of the purchase contracts will take place. 2. A 10% buyer's premium will be used to determine the final contract purchase price. 3. A valid Visa or MasterCard is required to register & bid during the auction. 4. The non-refundable down-payment must be paid with a cashier's check from a local area servicing bank or financial institution and must be presented to the auction company at 911 E. Court Avenue, Jeffersonville, Indiana 47130 within 24 hours of the conclusion of the auction. Any usage of an out of area bank must be approved & verified by the auction company prior to bidding. 5. Failure to deliver certified funds for the down payment as specified in the online auction terms will result in a credit card transaction or other appropriate legal actions for the non-refundable down payment. 6. Balance of the final purchase price must be presented to the sellers at closing NO LATER THAN, 11 September 2017. All real estate closing must take place with Pitt & Frank Real Estate Closing Attorneys, New Albany, Indiana,since Pitt & Frank has already performed the preliminary title work on the property prior to the auction. 7. All property taxes due on 12613 HWY 62 properties shall be prorated between the buyer/sellers to the day of closing. Any back taxes due shall be paid by the seller. The farm land usage lease fees shall be prorated between the buyer & seller to the month of closing. 8. This property is being offered to the public at absolute auction and will be sold subject to no contingencies in regards to inspections or the policies and procedures of any lending institution, once there has been a final purchase agreement between the buyers & sellers. 9. All terms and conditions posted online shall take precedence over all previous announcements oral or written. 10. The property will be sold as-is without warranty, refunds or exchanges. The sellers and the auctioneer are in agreement whereas the property will be offered per parcel with the right to make combinations of all parcels. There will be 2 possible variations of sale. Tract 1 as a single offering of 19.04 acres and Tract 2, 116.63 acres, plus a small .25 acre lot adjoin in Tunnel Mill, all together as a single tract; then parcels 1 & 2 will be offered together. Whichever variation yields the highest possible results for the sellers will be the final method of sale. 11. It shall be the bidder's responsibility to perform all due diligence and determine suitability of the property prior to the close of the bidding process. 12. The 3BR, 2.5BA home is part of Parcel 1 and is in need of repair & updates. This home was built in the 50 's with an addition in the 80's so lead based inspections may be required, the LBP inspection periods begins July 17. The real estate will be available for inspections or preview on July 16 & July 23 between 2 & 4PM or by appointment only. 13. Any showings outside the open inspection periods must be by appointment. All real estate related inspections are welcome at buyers expense prior to the close of the auction,but property is being sold as-is. 14. The online auction shall begin on or about July 16, 2017 and close on or about July 27, 2017, specific time of the auction close will be posted on the bidding website. This is a soft close auction whereas the bidding may continue until there are no additional bids; the auction company reserves the right to delay the bidding, extend the bidding or close all bids due to any technical difficulties or failures of the online auction service provider. Personal or Individual errors or computer equipment malfunctions are not the responsibility of the auction company. 15. There will be a cooperating broker's fee of 1% offered for this auction to the agent representing the successful bidder who closes on the property. Agents must register with the auction company prior to the auction and accompany their buyer to all previews & closing. 16. The property is being offered subject to prior sale, all outside offers will be presented to the sellers through Real Estate Unlimited and if accepted by the seller all online bidding will be terminated and this auction will be cancelled. Any outside offer must adhere to the same terms and conditions of the auction with no contingencies. 17. The Auctioneer and Real Estate Broker are acting as agents only for the seller; the auction company & real estate company staff reserve the right to bid. 18. The initial structure of the home was built in 50's and the addition and brick were added in 80's, therefore a lead based paint inspection period is July 18 - July 27. 19. For additional information or to schedule inspection appointments please call: John McGinnis, CAI, CES, CAGA, at 812-282-7253 concerning auction procedures, all other matters may be directed to Ken Capps, Realtor, 812-786-5400, Real Estate Unlimited, Fran Evola, Broker, at 812-288-6080. Sellers: Gary & Brenda Dean, Owners. John McGinnis, Indiana Auctioneer's License AU19600081. McGinnis Auction & Appraisal Service, Jeffersonville, Indiana AC30900136 20. Auctioneer's Note: There will be a recorded easement from HWY 62 on the western edge of Parcel 1 back to Parcel 2 if there are multiple buyers. In order to gain access for this easement the existing unfinished garage may need to be demolished, removed or reconfigured by the new owners of parcel 1. The house is in need of repairs & updates but is currently occupied by the seller and possession shall be given at closing but no later than 11 September, 2017. No other tracts or easements will be offered, during this auction, no personal property will be offered during this auction. Photos and drawings are for illustration only and are not to scale. Gary & Brenda Dean, Sellers Ken Capps, Realtor, Real Estate Unlimited, 812-786-5400 John McGinnis, CAI AU19600081 812-282-7253 --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. 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Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 9,999,999.99 1,000.00 USD
Currency USD
Buyer Premium you bid a $1, you pay $1.10
Payment Terms
The non refundable down payment of $15,000 per tract or $30,000 for the entirity shall be paid with a bank certified check payable to McGinnis Auction & Appraqisal Services NLT 5PM July 28, at 911 E. Court Avenue, Jeffersonville, Indiana 47130. please see our terms & conditions for further details.
Payment for the non-refundable down payment shall be delivered to 911 E. Court Avenue, Jeffersonville, IN 47130. Signing of the purchase contract will take place at time of delivery of the non-refundable down payment.