Auctioned: 5:45 PM Friday, June 29, 2012


Disclosures: ENVIRONMENTAL DISCLOSURE: The Property may contain environmental contaminants in amounts greater than governmentally allowable levels. Some conditions on the site may present a hazard. All prospective bidders are encouraged to review the July 2006 and January 2011 Environmental Assessments and the March 2011 and May 2012 subsurface tests and to review the terms and conditions of the Contract For Sale. With prior approval, Bidders may inspect and test the Property. Buyer will be expected, among other things, to accept the Property on an “as is, where is basis” and to be responsible (including the cost thereof) for any required remediation, further testing and any necessary permits and/or certifications. The condition of the Property may impact the availability of financing. Seller and Broker make no representations, warranties or guarantees as to the condition of the Property or the accuracy or completeness of the referenced assessments and testing.



Certificate of Occupancy Disclosure. Buyer acknowledges the property may be subject to a City/County Certificate of Occupancy Inspection. Buyer is purchasing this property “as-is, where-is,” and buyer acknowledges it is their sole responsibility to obtain said inspection prior to occupancy at buyer's sole cost and expense. Buyer assumes responsibility for satisfaction of all Certificate of Occupancy requirements including all costs and remediation that may be necessary including but not limited to escrowing of repair funds and making repairs or improvements upon property to fully comply with any City/County requirements.



Septic/Well Inspection Disclosure. The Property may be subject to a Wayne County well/septic inspection. Buyer agrees to comply with all requirements necessary to complete the inspection and closing, including, but not limited to, obtaining the inspection report, permits and making arrangements to correct any noted Wayne County environmental health violations at Buyers sole expense. Point of sale well/septic inspection must be ordered between thirty (30) and forty-five (45) days of occupancy. Buyer accepts all responsibility for any remediation, fees, or terms required by the authority thereof. Buyer should conduct an investigation into cost of compliance with septic requirements prior to bidding.



Zoning/Land Use Disclosure. Buyer acknowledges and understands that the Property may lie within one or more zoning areas. Buyer accepts responsibility for inspections and discovery of applicable land use and zoning regulations. Buyer further acknowledges and understands that property herein may lay in a flood plain and be subject to flood control or wetland regulation. Additionally, Buyer acknowledges and understands that the Property is unimproved, and will be sold as unimproved land only. Buyer is purchasing the Property as-is, where-is, and is responsible for all costs, improvements, and remediation therein, and must comply with all regulatory requirements regarding said improvements and remediation. Buyer further acknowledges and understands that neither the seller, Williams & Williams, nor its agents make any assertions or guarantees as to the condition of said Property herein.



Property in Historic District. Buyer understands that Property is restricted by the codes of the Cherry Hill Historic District zoning ordinances, and agrees to comply with all requirements set forth therein.

Disclosures: ENVIRONMENTAL DISCLOSURE: The Property may contain environmental contaminants in amounts greater than governmentally allowable levels. Some conditions on the site may present a hazard. All prospective bidders are encouraged to review the July 2006 and January 2011 Environmental Assessments and the March 2011 and May 2012 subsurface tests and to review the terms and conditions of the Contract For Sale. With prior approval, Bidders may inspect and test the Property. Buyer will be expected, among other things, to accept the Property on an “as is, where is basis” and to be responsible (including the cost thereof) for any required remediation, further testing and any necessary permits and/or certifications. The condition of the Property may impact the availability of financing. Seller and Broker make no representations, warranties or guarantees as to the condition of the Property or the accuracy or completeness of the referenced assessments and testing.



Certificate of Occupancy Disclosure. Buyer acknowledges the property may be subject to a City/County Certificate of Occupancy Inspection. Buyer is purchasing this property “as-is, where-is,” and buyer acknowledges it is their sole responsibility to obtain said inspection prior to occupancy at buyer's sole cost and expense. Buyer assumes responsibility for satisfaction of all Certificate of Occupancy requirements including all costs and remediation that may be necessary including but not limited to escrowing of repair funds and making repairs or improvements upon property to fully comply with any City/County requirements.



Septic/Well Inspection Disclosure. The Property may be subject to a Wayne County well/septic inspection. Buyer agrees to comply with all requirements necessary to complete the inspection and closing, including, but not limited to, obtaining the inspection report, permits and making arrangements to correct any noted Wayne County environmental health violations at Buyers sole expense. Point of sale well/septic inspection must be ordered between thirty (30) and forty-five (45) days of occupancy. Buyer accepts all responsibility for any remediation, fees, or terms required by the authority thereof. Buyer should conduct an investigation into cost of compliance with septic requirements prior to bidding.



Zoning/Land Use Disclosure. Buyer acknowledges and understands that the Property may lie within one or more zoning areas. Buyer accepts responsibility for inspections and discovery of applicable land use and zoning regulations. Buyer further acknowledges and understands that property herein may lay in a flood plain and be subject to flood control or wetland regulation. Additionally, Buyer acknowledges and understands that the Property is unimproved, and will be sold as unimproved land only. Buyer is purchasing the Property as-is, where-is, and is responsible for all costs, improvements, and remediation therein, and must comply with all regulatory requirements regarding said improvements and remediation. Buyer further acknowledges and understands that neither the seller, Williams & Williams, nor its agents make any assertions or guarantees as to the condition of said Property herein.



Property in Historic District. Buyer understands that Property is restricted by the codes of the Cherry Hill Historic District zoning ordinances, and agrees to comply with all requirements set forth therein.

Terms of Sale:

Registration at the commercial auction finalizes each bidder's agreement to the terms and conditions of sale as stated in the Contract and its Addenda which are incorporated by reference into your bidding. DO NOT BID unless you have registered and received a Bidder's Card and Sale Day Notes and agreed to be bound by the terms of sale in the Contract as they are final upon you 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. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.

A Buyer’s Premium of 5% ($2,500 minimum) will be added to the high bids and included in the total purchase price.

Buyers receive a deed and Title Insurance Policy as provided by the Closer indicated in the Contract (any mobile/manufactured housing on the property will only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted in Disclosures). Current year's taxes are pro-rated through day of closing as customary.

Each high bidder must make a 10% ($2,500 MINIMUM - whichever is greater) non-refundable deposit per property immediately following auction. Cash, cashier's checks, personal checks and business checks (electronically processed) are accepted. The balance of the purchase price and all closing costs are due within 30 days. Closing costs generally total approximately $1,500 and include, but are not limited to, title exam, title policy, closing fee and filing costs.

If you plan to bid online on the property through Auction Network you must place a bid deposit of $50,000. Your bid deposit must be received via wire transfer by 12pm CDT one day prior to the New Auction Date. You will not be permitted to bid online if your bid deposit is not received prior to this deadline. Please contact Drew Ary at 1-918-362-7312 to make wiring arrangements. In the event you are not the high bidder, your Bid Deposit will be refunded in total within 48 hours of conclusion of the auction (excluding weekends and holidays), without interest. Please see Property Information Packet for additional information.

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.

Do not inspect properties and/or attend an auction except 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 damages to their person or property while in, on or about these properties, nor shall they be liable for hidden defects, dangers or conditions. All persons shall be on the premises at their own risk and shall defend, indemnify, and save harmless Broker and Seller from any and all liability attendant thereto.

Properties offered for sale at auction under the “ABSOLUTE” or “WITHOUT RESERVE” designations are being offered for sale without reserve (i.e.) for the high bid price in each instance and are not subject to subsequent approval by any third party. Buyers are not allowed possession until Closing and filing of the deed. If for any reason the Seller is unable to transfer the property, 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.

Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Potential purchasers 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. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.

Auction Network
TERMS & CONDITIONS OF SERVICE

The property offered in this auction will be offered and sold by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). Any questions regarding the auction process or a property should be directed to Williams & Williams or its designated representative. Auction Network, LLC ("Auction Network") serves solely as the online bidding service (the "Service") for Williams & Williams. Your use of the Service is governed by these Auction Network Terms & Conditions of Service, and the Auction Network Terms of Use located at the following URL: http://www.auctionnetwork.com/Site/TermsOfUse.asp, as amended from time-to-time by posted notices or oral announcements made during any auction.

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.

To bid on the commercial building in Canton, MI through Auction Network, a bid deposit of $50,000 is required by 12pm CDT one day prior to the New Auction Date. Please call Drew Ary at 800.982.0925 for wiring instructions.

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.

Legal Description: 19K 19M1 THAT PART OF THE N W 1/4 OF SEC 19 DES AS BEG AT A POINT ON THE N LINE OF SAID SECTION DISTANT N 89D 55M W 480.02 FT FROM THE N 1/4 COR OF SEC 19 AND PROCEEDING TH N 89D 55M W ALONG SAID N LINE 781.63 FT. TH DUE SOUTH 1041.19 FT. TH S 58D 49M 50SEC E 336.72 FT TO THE CENTER LINE OF RIDGE ROAD THENCE ALONG SAID CENTER LINE N 31D 06M E 58.34 FT AND N 21D 41M 50SEC E 1253.21 FT TO THE POB 14.47 ACRES County: WAYNE, MI APN: 71-074-99-0006-000 Census Tract / Block: / Alternate APN: 71074990006000 Township-Range-Sect: Subdivision: Legal Book/Page: Map Reference: 4410-D2 / Legal Lot: Tract #: Legal Block: School District: Market Area: 05071 Municipality/Township: CANTON TWP Neighbor Code: