Special Terms
TERMS AND CONDITIONS OF SALE
These terms and conditions of sale (the “Terms and Conditions of Sale”)
are being promulgated in connection with the auction sale (the “Sale”) of the
Debtor’s assets (the “Assets”).
The Sale of the Assets is to take place on Tuesday, April 3, 2018 @
11:00 a.m. at 1213 Washington Road, Thomson, GA 30824 (the “Premises”).
The seller of the Assets is Newtek Small Business Finance, LLC (the
“Seller”).
The auctioneer (the “Auctioneer”) is: Victor M. Moneypenny, MYC &
Associates, Inc. (“MYC”), 1110 South Avenue, Suite 22, Staten Island, NY 10314,
tel. (347) 273-1258, www.myccorp.com.
The Assets will be sold free and clear of any and all liens, security
interests, claims and encumbrances, with said liens, security interests, claims and
encumbrances, if any, to attach to the net proceeds realized from the sale, in their
order of priority.
The Assets may be sold or withdrawn from
sale without prior notice.
In case of dispute on the knockdown of a lot, the Auctioneer reserves the
right to put up the lot and resell immediately to the highest bidder.
The Auctioneer reserves the right, in his sole discretion, to require a
deposit in cash or certified check of up to 25% of the amount of any bid, and to
increase the amount of required deposit if the Auctioneer deems it necessary. In
case any such required deposit shall not be made, the Auctioneer reserves the
right to put up the lot and resell immediately to the highest bidder.
The Auctioneer reserves the right to require all final settlements to be in
cash or certified check only before the Assets purchased are removed from the
Premises by a bidder.
Catalog description of the Assets is not guaranteed to be correct and
should be independently verified. The description of the Assets is subject to
errors and omissions. Therefore, any bidder should examine the Assets prior to
any bidding as no allowance will be made and no refund will be given for any error
or inconsistencies in the description. Every lot is sold in an “as is, where is”
condition regardless of what the description in the catalog may be. No
guarantees are made, either expressed or implied.
The Assets are subject to examination before purchasing. No claim of any
kind whatever, except shortage in count, will be allowed, and all such claims must
be made before goods leave the premises as no claims will be allowed afterward.
Any purchaser is to remove the Assets at his or her own risk and cost.
No goods will be delivered during the Auction.
Payment in FULL must be made by Thursday, April 5, 2018 @ 5 p.m.
All of the goods purchased that are not removed by 5:00 p.m. on Saturday,
April 7, 2018, whether or not payment has been tendered, may be resold at
any time thereafter without further notice at the loss, risk and expense for the
account of the purchaser. The Seller and the Auctioneer will not be responsible
for any goods left on the premises after said date.
The record of sale kept by the Auctioneer must be accepted by the buyer as
absolute and final.
Books, papers and accounts are the property of the Debtor and/or
Auctioneer and will not be sold.
The Seller and the Auctioneer reserve the right to reject any bids made for
the Assets at the Sale.
The Auctioneer reserves the right to modify these Terms and Conditions of Sale at
the Sale or thereafter.
I have read these Terms and Conditions of Sale and agree to be bound by them.
By making a bid online you agree to be bound by these Terms and Conditions of sale.