BIDDER REGISTRATION

Public Auction, Properties of Al Parish.

 

AUCTION DATE: 11am Tuesday 26 February, 2008.

 

LOCATION:       Roumillat’s Auction Gallery,  2241 Savannah. Hwy,

                          Charleston, SC 29414  

                          Ph: (843) 766-8899    FAX: (843) 766-7117

 

AUCTION TERMS:  

 

GENERAL INFORMATION.  The sale is being made pursuant to the terms set forth in that certain Consent Order Authorizing Sale of Certain Real Property Free and Clear of Liens, Claims, Encumbrances and Other Interests, and Establishing Sale Procedures entered under Civil Action No. 2:07-cv-00919-DCN, on December 28, 2007, in the United States District Court, District of South Carolina, Charleston Division.  The sale of each property will be a legal, valid, and effective transfer of the subject property and will vest in the buyer all right, title, and interest of the seller in the subject property.

 

ELIGIBILITY OF BIDDERS.   The bidder warrants and represents that he/she is over the age of eighteen (18), has a government issued photo identification, and that neither he/she/it nor any of he/she/its employees, officers, directors, principals, managers, members or affiliates: (a) is a creditor, an equity security holder, or an insider of Albert E. Parish, Parish Economics, LLC or Summerville Hard Assets, LLC (collectively, "Parish"), or any of Parish’s affiliates (collectively, Parish and Parish’s affiliates are defined as the "Interested Parties"); (b) is not currently, nor has been within the previous two (2) years, a director, officer, principal, member, manager or employee of any of the Interested Parties; and (c) has any contractual relationship with any of the Interested Parties. 

 

DEPOSITS REQUIRED AT AUCTION: 

 

            (a)        Prior to submitting a bid at the auction, a deposit of $10,000 (the "Deposit") for each property in the form of a cashier’s check or wire transfer must be made by each party (other than the current mortgage holders of the subject property) interested in participating in the auction.  The winning bidders’ Deposit will be applied to the purchase price of the property, and with respect to losing bids, except the Backup Bid (has hereinafter defined), the Deposit will be returned upon completion of the auction.

 

            (b)        In addition to the Deposit, at the time the winning bid is awarded, a winning bidder must also deposit with the auctioneer (AEC Properties, Inc.) by check, wire transfer, or cash, a down payment in the amount of 5% of the winning bid/purchase price (the "Earnest Money Deposit") for each property.

 

BUYER'S PREMIUM:  A fee equal to six percent (6%) of the winning bid will be added to the purchase price of the property to cover marketing and similar expenses; provided, however, that if the winning bid is made by The Bank of South Carolina, or National Bank of South Carolina, or Bank of America, a 3% buyer’s premium will be added to the amount of the winning bid.

 

TERMS OF PURCHASE:  The winning bidder will be required to execute a real estate contract and escrow instructions, and other sale documents at the time the winning bid is awarded.  These documents will contain the precise terms and conditions of the particular sale.  Copies of such documents will be available for inspection prior to the auction.  All sales must close within thirty (30) days from the date of the auction.  Winning bidders who fail to close within such thirty (30) day period shall forfeit their Deposit and Earnest Money Deposit as liquidated damages.  Only the real estate contract will set forth seller's obligations to the successful bidder.

 

INSPECTION OF PROPERTY:  All properties are sold strictly "as-is, where is" with no representations or warranties whatsoever, either express or implied.  All bidders are encouraged to personally inspect the property and any documentation relating thereto prior to the auction.  Neither seller nor auctioneer shall be liable for any relief, including damages, rescission, reformation, allowance or adjustment based on the failure of the subject property to conform to any specific standard or expectation.  The sale is not contingent upon inspection or any other contingency and will not be extended for such purpose.

 

AUCTION TYPE:  This is a live bid auction.  

 

BID AND BID INCREMENTS:  Bids are firm offers and binding when submitted.  Acceptable bidding increments are at the discretion of the auctioneer. Insincere or trivial bid increments will not be accepted.  Each property will be sold to the highest bidder. The auctioneer shall select the highest and best offer for each property, and the highest and best bidder will be notified at the close of the auction of the subject property.  The next highest bid immediately following the winning bid will have the opportunity but not the obligation to serve as a "backup bidder" in the event the winning bidder fails to close on the subject property (the "Backup Bid").  If a Backup Bid is proffered, the bidder making the Backup Bid will simultaneously execute a real estate contract contingent upon the winning bidder's failure to close.  The backup bidder's Deposit will be held in trust until the earlier of the closing by the winning bidder (at which point the Deposit will be returned to the backup bidder), or satisfaction of the aforementioned contingency, at which point the Deposit will become part of the backup bidder's consideration for the subject property, and applied pursuant to the terms set forth in the real estate contract.

 

CLOSING:  The closing will be held at Holly Jensen Law, 685 Folly Road, James Island, South Carolina, no later than the date which is thirty (30) calendar days of the date of the auction.  The closing may be held sooner upon agreement of seller and buyer.  Closing costs including, without limitation, transfer taxes, documentary stamps, recording fees, and escrow fees will be paid by the buyer.  Tenant deposits, if any, will be transferred at closing.  Annual real estate taxes, rent and association dues will be prorated as of the date of closing.

 

BUYERS AGENTS:  All licensed real estate agents must have pre-registered their customer with the auctioneer using this form at least 48 hours before the auction to qualify for agency sales commissions. (All information will be held in strict confidence).  The agent must attend the auction with the customer and must execute a buy/sell agreement. The buyer’s agent and/or the buyer do hereby agree to the terms of the auction.

Please print clearly:

 

Name of buyer:___________________________Drivers Lic_____________ Address of buyer:_____________________________________________________________                             

Phone numbers of buyer:_____________________________________________

 

BUYERS OPENING BID AMOUNTS:

a. “The Rabbit Run House” located at 224 Rabbit Run Lane, Berkely County, Summerville, SC 29483

    Your opening bid: __________________________

 

b. “The Townhouse” located at 156 - A Tradd Street, Charleston County, Charleston, SC 29401

    Your opening bid: __________________________

 

c. “The Edisto Condo” located at The Retreat at Edisto, Unit #6- A, 126 Jungle Road, Colleton County, Edisto Beach, SC 29438

    Your opening bid: __________________________

 

d. “The Beach House” located at 3622 Yacht Club Road, Edisto, Beach, SC 29455

    Your opening bid: __________________________

 

Buyer is/is not represented by a real estate agent in accordance to the terms of this registration.

Signature buyer_____________________________Date:___________________

Email of buyer:______________________________

 

 

IF REPRESENTED BY AN AGENT:

Buyers Agent name:__________________________Phone:_________________

Signature Agent:_____________________________Date:__________________

Agents License #_________________ Agents Company:_____________________________

Company address:_____________________________________________Phone:___________

 

NOTE: The $10,000.00 Deposit in the form of a cashiers check made out to yourself is the easiest way to register to bid.  In the event your are not the successful bidder your check will be returned to you at the close of the auction and it will be easy for you deposit the money back into your account.   If you are a successful bidder you will simply endorse the check.