168 W. Main Street, Berne

ONLINE REAL ESTATE AUCTION NOTICE – CASH (not contingent on Financing)

BIDDING PROCEDURE BUYERS ARE TO FOLLOW WITH NO WAIVER

---  BIDDERS PACKET: All bidders who have registered for the online auction can view copies of the offer to purchase and terms at www.nessbross.com on the specific property Auction Detail Page.

---  ONLINE REGISTRATION:  Registration for this auction (online) finalizes each bidder’s agreement to the terms and conditions of sale as stated in the Purchase Agreement which are incorporated by reference into your bidding.  Do not bid until you have read the terms and conditions.  In order to bid on the Real Estate, all bidders must be signed in through www.Bid2NessBros.com.  There is no fee to register, but a valid credit card will be required to verify identity and ensure payment of the Earnest Money, if applicable.  By bidding you are representing to Ness Bros. Realtors & Auctioneers  (“Ness Bros.”), and the Seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated, DO NOT BID or you will be bound by those terms and conditions.  By bidding you agree to all disclosures.

---  CONDUCT OF THE AUCTION:  The Seller and selling agents reserve the right to preclude any person from bidding if there is any question as to the person’s identity, credentials, validity of the credit card, fitness to bid, financial ability to buy, etc.  All decisions of the Auctioneer are final. THE SALE WILL BE CONTROLLED BY AUTIONEER SOFTWARE.  Ness Bros. is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered.  If there is a dispute, the Auctioneer may reopen the bidding at the Auctioneer’s sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid.

---  BIDDING: Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved by the way of verified identity and credit card information.  The bidding will be open for minimum of 10 days.  The auction ends at a predetermined time with an Overtime Period, if necessary, which is defined as follows: if a bid is placed within five (5) minutes of the close of bidding, then another five (5) minute period commences from the time of the last bid until no bids are placed within the next five (5) minutes.  The last bid shall be made final.

---  AGENCY DISCLOSURE & GENERAL OFFICE POLICIES:  Ness Bros. will represent the Seller exclusively unless a Ness Bros. Agent has a signed buyer agency agreement with Buyer, then that agent has a limited agency with Buyer. 

---  DISCLAIMER & ABSENCE OF WARRANTIES:  All information contained online or in the brochure and related material is subject to the terms and conditions outlined in the Purchase Agreement.  The Property is being sold on an “AS IS, WHERE IS” basis.  No warranty or representation, either expressed or implied, concerning the Property, its condition, or the condition of any other components on the Property, is made by the Seller or Ness Bros.  All sketches and dimensions online or in the brochure are approximate.  The information contained online or in the Brochure is subject to verification by all parties relying on it.  No liability for its accuracy, errors, or omissions is assumed by the Seller or Ness Bros.  Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. 

---  TERMS:  Earnest Money of 10% down or $2,500.00, whichever is greater, within 24 hours of the online auction closing.  In the event the winning bidder fails to provide the Earnest Money within 24 hours, Ness Bros. is authorized to charge the credit card for the amount of the Earnest Money, or any portion thereof, and an additional administrative fee of 5% of the amount being charged.  The balance is due in full upon delivery of the merchantable title and deed free and clear of all liens and encumbrances except as stated herein and subject to easements or restrictions of record. A Buyer’s Premium of 5%, or minimum of $2,500.00, whichever is greater, will be added to final bid and included in the total contract price.   All bids accepted on the Real Estate are subject to Seller’s approval.

*** All offers must be submitted ONLINE.  The highest offer amount will be available to public (no secret/sealed bids, everything is transparent and visible, all buyers have equal/fair playing field). Two highest offers will be reviewed Wednesday, April 20 @ 3:00 pm.  There will be two viewing dates held on Sunday, April 10 from (1-2) and Monday, April 18 from (4-5). *** MINIMUM STARTING BID IS $ 50,000 <<< Special Note:  Buyer may bid subject to financing; certain restrictions will apply. >>>

***This property may sell at, above, or below listed price depending on the outcome of the auction bidding.***

***Auctioneer reserves the right to make changes to an auction, to split or combine lots, cancel, suspend, or extend the auction event. This property may sell at, above, or below listed price depending on the outcome of the auction bidding.***