Terms of Sale:
Registration at the auction confirms your agreement to the terms and conditions of sale as stated in the Contract for Sale and its Addenda (the 'Contract') which are incorporated by reference into your bidding. DO NOT BID unless you have registered, received a Bidder's Card and Sale Day Notes and have read and agreed to be bound by the terms of sale in the Contract as they are enforceable against you upon becoming a high bidder.
All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. Williams & Williams represents the Sellers only and does not inspect properties on bidder's behalf. Read the Contract and Sale Day Notes to determine the existence of any disclosures, exclusions, representations and disclaimers. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.
Buyers receive a deed and insurable title to each property, as evidenced by the Title Insurance offered by the Closer indicated in the Contract. Current year's property taxes are pro-rated through day of closing as customary. Any manufactured housing not already considered attached to the real estate will be conveyed only with a hold harmless agreement or quit claim Bill of Sale unless otherwise noted.
If you plan to bid online for this property through Auction Network you must place a bid deposit of $2,500 with Williams & Williams. Your bid deposit must be received via wire transfer by 12pm CDT on Wed. May 23, 2012. You will not be permitted to bid online if your bid deposit is not received prior to this deadline. Please contact Customer Service at 1.800.801.8003 to make wiring arrangements. Due to the requests of extending the bid deposit deadline, please contact our CUSTOMER SERVICE at 1.800.801.8003 to make wiring arrangements OR you can call and have your bid deposit charged to your credit card.
An Auction Services Fee of $3,000 OR a Buyer's Premium (Buyer's Fee in WI) of 5% ($2,500 minimum) will be added to the high bid and included in the total purchase price. Please see the Sale Day Notes, The Contract for Sale, and/or the Auctioneer for specifics about the property you wish to bid on.
Each high bidder must make a 5% non-refundable deposit per property ($2,500 MINIMUM - whichever is greater) immediately following auction. Cash, cashier's checks, personal checks and business checks (electronically processed) are accepted. If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. The balance of the purchase price and all closing costs are due at closing. Closing costs generally total approximately $1,500 and include title exam, title policy, closing fee, filing costs and any other fees noted. If for any reason Seller does not perform or accept the terms of the Contract, the sole remedy shall be the return of Buyer's deposit.
Bidding starts at the nominal Opening Bid(s) indicated and is open to the public. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down lots and/or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, and to cancel or re-schedule an auction. The Auctioneer will call the sale and control any increments of bidding. To make a bid, raise your hand or Bid Card to be recognized. The bidding usually takes less than 3 minutes for each property. Absentee bids may be accepted at the discretion of the Auctioneer. The Auctioneer reserves the right to enter bids on behalf of absentee bidders as specified in 21 NCAC 4B. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Auctioneer's attention and corrected. 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.
Your inspection of the property(ies) and attendance at this auction are at your own risk. Broker and Seller, their agents and employees, expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(ies). All persons enter the property(ies) and attend the auction at their own risk and shall defend, indemnify, and save harmless Broker and Seller, their agents and employees, from any and all liability attendant thereto.
All auctions are subject to court or seller approval. Most sales are approved within 14 days. Buyers are not allowed possession until Closing and filing of the deed, at which time the property should be re-keyed. If for any reason the court or Seller approval is not granted, the Down Payment shall be returned in its entirety to the high bidder. "Showing" requests from Buyers after the auction may not be able to be accommodated.
If more than one property is being auctioned, the Auctioneer may choose to offer a group of the properties for auction at the same time. This is called "BUYER'S CHOICE" and is to accommodate buyers who have an interest in more than one property and/or have 2nd and 3rd choices if they are out bid for a favorite property. Upon winning the bid, please choose which property, or properties, you want. You pay the high bid price for each property selected. Each sale is final and stands alone. Remaining properties are then offered in another round of bidding. Anyone may bid at any time, including prior High Bidders.
Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Please read the Contract and Sale Day Notes for a full and complete understanding of Williams & Williams and Seller's disclaimers. Bidders are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the Seller or their agents and employees. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.
TERMS & CONDITIONS OF SERVICE
Williams & Williams serves as the auctioneer, and represents the owner of the property at auction. The auction and conveyance of each property shall be governed by property specific Contract for Sale, Sale Day Notes, Disclosures, and the Williams & Williams Terms & Conditions of Sale. These documents govern your bid and the sale of each property, and can be accessed and reviewed at the Williams & Williams property specific web page.
DO NOT BID unless you have read the Williams & Williams Terms & Conditions of Sale, the Contract for Sale, Property Disclosures, and the Sale Day Notes for each property. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.
Auction Network, Williams & Williams and the Seller are not responsible for technical difficulties during online or remote bidding. Occasionally, the Auction Network online bidding interface may be unable to submit bids in the live auction due technical difficulties including, without limitation, the lack of sufficient communication infrastructure at the location of the live auction. Online bidders are advised to place an absentee bid at least 1 day prior to the live auction to ensure their bid is entered into the live auction on the online bidder's behalf.
In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale, the Williams & Williams Terms & Conditions of Sale shall control in each instance.
Auction Network has no authority to, and does not provide, any guarantee, warranty, or covenant, of any kind or nature, regarding a property. Per the Williams & Williams Terms & Conditions of Sale, all properties auctioned are otherwise sold "AS-IS, WHEREIS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the respective seller, and with no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Williams & Williams. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.
Neither Auction Network nor Williams & Williams assumes any risk, liability or responsibility for the authenticity of the authorship of any property or livestock offered at this auction (that is, the identity of the creator or the period, culture, source or origin, or lineage, as the case may be, with which the creation of any property is identified).
The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.
Any property may be withdrawn by Auction Network or Williams & Williams at any time before the actual sale without any liability therefore. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he or she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject such advance.
These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions of Sale, as well as the online buyer's rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Oklahoma. By bidding at this auction, whether in person or by agent, order bid, telephone, online, or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma.
You are registering to bid on the following properties, and as stated above, your bid, and the sale of the property, will be governed by the property specific Williams & Williams Contract for Sale, Disclosures, Sale Day Notes, and Terms & Conditions of Sale. Each of these documents are available for your review at the Williams & Williams property specific web page. DO NOT BID unless and until you review these documents. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.
160.55-3-28 1000034764 763471013,
County: BROOME, NY APN: 030200-160-055-0003-028-000-0000
Census Tract / Block: / Alternate APN: 030200-003-000-0019-500-000-0000
Legal Book/Page: Map Reference: 160-55 /
Legal Lot: 28 Tract #:
Legal Block: 3 School District:
Market Area: 030200 Municipality/Township: BINGHAMTON
ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF BINGHAMTON, COUNTY OF BROOME AND STATE OF NEW YORK BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8" CAPPED REBAR SET IN THE NORTHWEST CORNER OF PROPERTY NOW OR FORMERLY OWNED BY STEVEN M. ROSEFSKY BY DEED RECORDED IN LIBER 1822 OF DEEDS AT PAGE 815 IN THE BROOME COUNTY CLERK'S OFFICE, ALSO BEING THE NORTHEAST CORNER OF PROPERTY NOW OR FORMERLY OWNED BY THE ASSOCIATION OF CATHOLIC CHARITIES FOR COM. DEVELOP. @ BR. CO., INC. BY DEED RECORDED IN LIBER 1823 OF DEEDS AT PAGE 1317 IN THE BROOME COUNTY CLERK'S OFFICE, SAID REBAR BEING LOCATED N 49 49' 37" E A DISTANCE OF 343.18' FROM THE INTERSECTION OF THE EAST BOUNDARY OF OAK STREET WITH THE NORTH BOUNDARY OF RIVERSIDE DRIVE; THENCE IN A WESTERLY DIRECTION ALONG THE CATHOLIC CHARITIES PROPERTY NORTH BOUNDARY N 81 56' 22" W A DISTANCE OF 63.56' TO AN EXISTING REBAR IN THE SOUTHEAST CORNER OF PROPERTY NOW OR FORMERLY OWNED BY LOLA E. BASOS BY DEED RECORDED IN LIBER 1205 OF DEEDS AT PAGE 1143 IN THE BROOME COUNTY CLERK'S OFFICE; THENCE IN A NORTHERLY DIRECTION ALONG THE BASOS PROPERTY EAST BOUNDARY AND CONTINUING ALONG THE EAST BOUNDARY OF PROPERTY NOW OR FORMERLY OWNED BY JOHN F. KELLOGG BY DEED RECORDED IN LIBER 1867 OF DEEDS AT PAGE 4 IN THE BROOME COUNTY CLERK'S OFFICE AND CONTINUING ALONG THE EAST BOUNDARY OF PROPERTY NOW OR FORMERLY OWNED BY DANIEL PADDICK BY DEED RECORDED IN THE BROOME COUNTY CLERK'S OFFICE N 13 52' 44" E A DISTANCE OF 122.76' TO A 5/8" CAPPED REBAR SET; THENCE IN AN EASTERLY DIRECTION S 76 06' 25" E A DISTANCE OF 5.00' TO A 5/8" CAPPED REBAR SET; THENCE IN A NORTHERLY DIRECTION N 13 52' 44" E A DISTANCE OF 3.00' TO A POINT ON THE FOUNDATION OF A WOOD FRAME HOUSE 2.52' FROM ITS SOUTHEAST CORNER; THENCE IN AN EASTERLY DIRECTION ALONG THE FOUNDATION S 76 06' 25" E A DISTANCE OF 4.25' TO A 5/8" CAPPED REBAR SET; THENCE IN A NORTHERLY DIRECTION N 13 52' 44" E A DISTANCE OF 15.83' TO A 5/8" CAPPED REBAR SET IN THE SOUTH BOUNDARY OF PROEPRTY NOW OR FORMERLY OWNED BY MICHAEL & BRIDGET TALBUT & FREDERICK J. & JOYCE M. TALBUT BY DEED RECORDED IN LIBER 1864 OF DEEDS AT PAGE 534 IN THE BROOME COUNTY CLERK'S OFFICE; THENCE IN AN EASTERLY DIRECTION ALONG THE TALBUT PROPERTY SOUTH BOUNDARY S 76 06' 25" E A DISTANCE OF 54.6' TO AN EXISTING ANCIENT 2" STEEL FENCE POST IN THE TALBUT PROPERTY SOUTHEAST CORNER; THENCE IN A NORTHERLY DIRECTION ALONG THE TALBUT PROPERTY EAST BOUNDARY N 13 52' 44" E A DISTANCE OF 50.00' TO A 5/8" CAPPED REBAR SET IN THE SOUTHEAST CORNER OF PARCEL NO. 2; THENCE IN A NORTHERLY DIRECTION ALONG THE EAST BOUNDARY OF PARCEL NO. 2 N 13 52' 44" E A DISTANCE OF 50.00' TO AN EXISTING ANCIENT 2" STEEL FENCE POST IN THE SOUTH BOUNDARY OF PROPERTY NOW OR FORMERLY OWNED BY SAINT PATRICKS ROMAN CATHOLIC CHURCH; THENCE IN AN EASTERLY DIRECTION ALONG THE CHURCH PROPERTY SOUTH BOUNDARY S 75 06' 25" E A DISTANCE OF 68.94' TO AN EXISTING ANCIENT 2" STEEL FENCE POST IN THE NORTHWEST CORNER OF PROPERTY NOW OR FORMERLY OWNED BY 19 FRONT ST. CONDOMINIUM ASSOCIATION BY DEED RECORDED IN LIBER 1901 OF DEEDS AT PAGE 873 IN THE BROOME COUNTY CLERK'S OFFICE; THENCE IN A SOUTHERLY DIRECTION ALONG THE 19 FRONT ST. PROPERTY WEST BOUNDARY S 14 52' 11" W A DISTANCE OF 132.84' TO AN EXISTING ANCIENT 2" STEEL FENCE POST IN THE NORTH BOUNDARY OF PROPERTY NOW OR FORMERLY OWNED BY ISRAEL J. ROSEFSKY BY DEED RECORDED IN LIBER 1712 OF DEEDS AT PAGE 229 IN THE BROOME COUNTY CLERK 'S OFFICE; THENCE IN A WESTERLY DIRECTION ALONG THE ISRAEL J. ROSEFSKY PROPERTY NORTH BOUNDARY N 74 48' 20" W A DISTANCE OF 2.55' TO AN EXISTING REBAR; THENCE IN A SOUTHERLY DIRECTION S 21 07' 28" W A DISTANCE OF 48.12' TO AN EXISTING REBAR; THENCE CONTINUING IN A SOUTHERLY DIRECTION S 07 57' 57" E A DISTANCE OF 28.82' TO A 5/8" CAPPED REBAR SET IN THE NORTHEAST CORNER OF PROPERTY NOW OR FORMERLY OWNED BY STEVEN M. ROSEFSKY BY DEED RECORDED IN LIBER 1822 OF DEEDS AT PAGE 815 IN THE BROOME COUNTY CLERK'S OFFICE; THENCE IN A WESTERLY DIRECTION ALONG THE STEVEN M. ROSEFSKY PROPERTY NORTH BOUNDARY S 81 58' 10" W DISTANCE OF 74.77' TO THE POINT OR PLACE OF BEGINNING.
TOGETHER WITH A RIGHT OF WAY FOR INGRESS AND EGRESS PURSUANT TO AN AGREEMENT BETWEEN JONATHAN B. ROSEFSKY, QUINN B. ROSEFSKY, ROBIN B. R. WOOD, AND BERNARD S. ROSEFSKY WITH GEORGE L. ROSEFSKY, DATED DECMEBER 16, 1982 AND RECORDED DECEMBER 20, 1982 IN LIBER 1363 OF DEEDS, AT PAGE 346.