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.