The bidder agrees to the following terms and conditions by participating in this auction:
NOMINAL OPENING BID: $50,000.00
LOTS SELLING: Lots 1, 2, and 3 will be sold separately and all three as a whole. Whichever combination, the 3 separate lots or all lots as a whole, that brings the most money may be chosen by the seller at their discretion for acceptance or rejection. All subject to sellers Approval and subject to prior sale within the auction time frame.
BUYERS PREMIUM: Buyer will pay a 5% Buyers Premium of the total purchase price. This will be added to the final purchase price.
BIDDER REGISTRATION: Bidders must register online with Auctioneer/Broker prior to bidding on the Property with credit card verification. Bidders must download the Bid Certification form, sign and email to Metzler & Moore Realty / Swenson's Auctions (travis@metzlermoorerealty.com), once the Bid Certification form is received broker will grant bidding privileges. We will participate with other brokerages. Metzler & Moore Realty will coop 2% with other Wyoming brokerage firms if broker participation agreement has been signed prior to buyer registering. Have your agent/broker call (307) 272-7490 for more information.
PROCEDURE: This will be Online Only Bidding forum with increments as determined by the Auctioneer. Bidding starts at the nominal Opening Bid as indicated and is open to the public. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.
AUCTION ENDING: Beginning at the stated closing time, the auction software will conclude bidding for the auction lot with the following exception: if a bid is placed in the last 5 minutes remaining for that auction lot, bidding for that lot will remain open for an additional 5 minutes or until 5 minutes pass without a bid increase.
OUTBID NOTIFICATION: Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid.
ACCEPTANCE OF BID PRICE: ACCEPTANCE OF FINAL BID PRICE IS SUBJECT TO THE APPROVAL OF THE SELLER. The Seller reserves the right to accept or reject any and all bids. Purchaser acknowledges that he/she is irrevocably bound to the terms of this Purchase Agreement for 120 hour period, until June 18th, 2024, following the auction closing, allowing Auctioneer to secure Seller acceptance of the Purchase Agreement.
PREVIEW/INSPECTIONS: To Preview Property a scheduled time must be made with Travis Swenson/ Broker @ (307) 272-7490 or Metzler & Moore Realty @ 307-754-2296.
AGREEMENT OF PURCHASE AND SALE: The Purchaser shall execute an Agreement of Purchase and Sale, in the form provided by the auctioneer/broker, without modification, within 48 hours after being declared the high bidder, at Metzler & Moore Realty / Swenson's Auctions, office in Powell, WY.
EARNEST MONEY: The Purchaser will be required to deposit $10,000.00 earnest money from the successful bidder upon award of the bid. This will be made Payable to Park County Title in Cody, WY. NO CONTINGENCIES: YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, INSPECTIONS OR APPRAISAL, SO BE SURE YOU HAVE ARRANGED FINANCING, IF NEEDED, OR ARE CAPABLE OF PAYING CASH AT CLOSING. PURCHASER IS REQUIRED TO CLOSE ON OR BEFORE June 28th, 2024, OR PURCHASER WILL FORFEIT ALL OF THEIR EARNEST MONEY DEPOSIT TO SELLER.
ESCROW AGENT: The deposit, earnest and purchase monies in respect of the property shall be paid to and deposited with Park County Title in Cody, WY.
DEED: Seller shall provide a warranty deed.
CLOSING: The balance of the purchase price shall be paid at or before closing. Closing shall take place on or June 28th, 2024. The Escrow Agent will schedule and conduct closing.
ANNOUNCEMENTS: Announcements made by Metzler and Moore / Swenson’s Auctions, at or prior to CLOSING of the bids, take precedence over any and all preprinted material. I also understand that announcements & preprinted material referring to the property description, property conditions, survey, square footage, acres or footage are believed to be correct but are not guaranteed. If I wish to know these details, I must verify them on my own prior to bidding.
TITLE: Seller shall provide an Owner's Policy of Title Insurance in the amount of the purchase price, and shall execute a proper deed conveying the real estate to the Buyer(s). Seller shall pay the premium of the title insurance policy.
TAXES: To be prorated to day of closing.
CLOSING COSTS: At closing, Seller shall pay for its escrow and closing fees, and all of the costs for preparation of all documents to convey the property. At closing, Purchaser shall pay for its escrow and closing fees, any and all recording fees, and all other sale, financing or closing fees as required. Taxes and association fees, if any, shall be prorated to the date of closing.
POSSESSION: Purchaser will receive possession day and time of closing, subject to the rights of parties in possession, if any.
NO NEW SURVEY: The property will be conveyed according to the existing legal description.
INSPECTIONS: Purchaser has had an opportunity to inspect the property and is fully aware of its condition. Purchaser accepts the condition of the property in its "As Is" condition.
AS-IS SALE: The Purchaser shall accept the property in an as-is condition with all faults as of the closing date and the purchaser shall specifically agree that the seller has not and does not make any representations or warranties of any kind whatsoever, expressed or implied, to the purchaser regarding the property or any improvements thereon. The property is selling subject to anything an accurate survey or personal inspection of the property may reveal, including any existing rights-of-way, easements or claims to easements, encroachments, rights or claims of parties in possession, restrictive covenants and easements, flood zones, zoning or subdivision regulations, building codes, governmental agencies regulations, environmental conditions, lead-based paint, asbestos, radon gas, hazardous materials, any mineral rights, water rights, riparian or littoral rights, and reservations or conveyances, if any. The purchaser shall have satisfied themselves as to the location and condition of the property, and all descriptions thereof, before bidding. All information contained in the brochure and all promotional materials, including, but not limited to, square footages, acreage, dimensions, maps, taxes, etc., was derived from court house records and is believed to be correct; however, neither the seller nor the auctioneer/broker makes any guarantee or warranty as to the accuracy or completeness of such information.
MISCELLANEOUS: All decisions of the auctioneer/broker are final as to the methods of bidding, disputes among bidders, increments of bidding and any other matters that may arise before, during, or after the auction. Seller reserves the right to deny any person the right to participate in the auction or to ban anyone from the auction who attempts to disrupt it.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Metzler & Moore Realty / Swenson's Auctions reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Metzler and Moore Realty / Swenson's Auctions. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Metzler & Moore Realty / Swenson's Auctions.
DEBT COLLECTION AND INTEREST CHARGE: The bidder agrees to pay all reasonable attorney fees and other costs incurred by Metzler & Moore Realty / Swenson's Auctions in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due to Metzler & Moore Realty / Swenson's Auctions. Any debt collection or dispute proceedings will be heard in Park County, Wyoming.
AGE REQUIREMENT: All bidders must be 21 years of age or older.
AGENCY: Metzler & Moore Realty / Swenson's Auctions and its representatives are exclusive agents of the Seller and are agents of no other party to this transaction. If you are not represented by another broker/agent you will be treated as a customer.
Metzler & Moore Realty / Swenson's Auctions P.O. Box 598 Powell, WY 82435 Office: (307) 754-2297 Cell: (307) 272-7490 Email: travis@metzlermoorerealty.com Website: www.swensonsauctions.com Auctioneer/ Broker: Travis Swenson
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