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TERMS AND CONDITIONS

FOR SALE OF REAL ESTATE AT PUBLIC AUCTIONS

  1. The highest bidder shall be deemed the Buyer at the option of the Auctioneer. Should a dispute arise as to the bidding, the property may be immediately offered again at Public Auction between the disputing bidders only, at the option of the Auctioneer.
  2. This shall be an auction with reserve, whereby the Seller reserves the right to accept or reject any or all bids received, including the highest bid.
  3. Neither the seller nor the Auctioneer make any warranties whatsoever concerning the condition of this property. The Buyer is buying this property based on his own inspection of the property and not based on any printed or verbal description made by the Seller or Auctioneer.
  4. No bidder shall advance the bidding in an amount less than is acceptable to the Auctioneer.
  5. The Auctioneer reserves the right to declare recess at any time during the proceeding of the auction that he deems necessary.
  6. Immediately upon the property being struck down, the purchaser shall pay  $6,000  in cash or check acceptable to Seller and enter into an Agreement of Sale, to pay the balance on or before  thirty (30) days  from today's date: which shall be the date of final settlement.
  7. The premises shall be conveyed free and clear of all liens and encumbrances, but subject, however, to any applicable provisions of municipal ordinances, otherwise title shall be good and marketable or such as will be insured by any reputable title insurance company at regular rates
  8. In the event that the purchasers fail to pay the balance of the purchase price, then the down money paid shall be forfeited as liquidated damages and the purchasers shall not be entitled to the benefit of any resale.
  9. These "Terms and Conditions" shall become a part of the Sales Agreement attached hereto.
AGREEMENT

THIS AGREEMENT, made this 18 day of September, 2004 between Margaret E. Shimer
_______________________________________________________________________,
hereinafter called the "Seller" and _____
________________________________________________________________
of______________________________________________________________
hereinafter called the "Buyer"

WITNESSETH:

That the Seller agrees to sell and convey and the Buyer agrees to
purchase, ALL THAT CERTAIN messuage, tenement and lot or piece of ground
situate in ___Borough of Hellertown___
County of Northampton  and Commonwealth of Pennsylvania, known as __
565 Ellen St ___, as more fully described as Legal Description DB. 2002-1, PG. 191001.  The above mentioned tract of land being subject to any and all exceptions and covenants and restrictions that may be contained in the foregoing deed at the price and on the terms and conditions hereinafter provided to wit:

1. The price is ___________________________________________
_______________________________________________________________
DOLLARS ($ ), payable
_________Six Thousand _______
DOLLARS ($ 6,000.00 ), upon the signing of this agreement and the balance
on or before __thirty days (30)_____________________ . 2. The premises are being sold subject to recorded building restrictions, existing zoning regulations and other municipal regulations.

3. The premises shall be free and clear of all liens and encumbrances except existing restrictions and easements visible upon inspection of the premises or easements of public utilities and highways.

4. All property appurtenant to premises, including electric fixtures, heating and plumbing fixtures, piping and wiring, domestic hot water heater, screens, screen doors, storm windows and doors, if any, is included in this sale.

5. The title shall be such as will be insured as good and marketable at regular rates by any reputable title insurance company.

6. The risk of loss or damage to the premises by fire and lightning or perils covered by extended coverage insurance pending performance of this Agreement shall be borne by the Seller; any risk of loss or damage to the premises that is not normally insurable shall be borne by the party in possession.

7. Possession shall be delivered at final settlement.

8. Real Estate taxes upon the premises shall be apportioned as of the date of performance.

9. The expense of conveyance shall be paid as follows:
(a) Preparation of Deed and Acknowledgment by the Seller. (b) State and local transfer taxes by the Seller and Buyer equally. (c) Survey of the premise, if desired, by the Buyer. (d) All other expenses shall be borne by the Buyer.

10. The performance of this Agreement shall take place at the law office of ____________________________________, Pennsylvania on or before __________________________________________, said time to be of the essence of this Agreement, unless extended by mutual consent, in writing, endorsed hereon and signed by the parties hereto. 11. This Agreement shall be binding upon the parties hereto, their respective heirs, personal representatives and/or assigns. Should the Buyer fail to perform as provided, the sum paid on account shall be retained by the Seller as liquidated damages and all rights of the Buyer herein shall cease and determine. Should no reputable title insurance company agree to insure the title to said premises as good and marketable at regular rates, the Seller may refund the sum paid on account by the Buyer and reimburse the Buyer for any reasonable expenditures made for title searches and application fees, or, at his option, and at his expense, may take the necessary action to make the title insurable, as aforesaid.

12. Under the Pennsylvania Human Relations Act of October 27, 1955,P.L.744, as amended: The Pennsylvania Legislature has made it illegal: To refuse to sell, lease, finance, or otherwise deny or withhold residential or commercial property located in the Commonwealth of Pennsylvania because of any person's. . . Race, Color, Sex, Religious Creed, Ancestry, National Origin, Handicap or Disability, Age or Familial Status Or To refuse to lease, or discriminate in the terms of selling or leasing, or in furnishing facilities, services or privileges in connection with the ownership, occupancy or use of any residential or commercial property because of any person's. . . Race, Color, Sex, Religious Creed, Ancestry, National Origin, Handicap or Disability, Age or Familial Status, Use of a Guide or Support Animal Because of the Blindness, Deafness or Physical Handicap of the User or Because the User is a Handler or Trainer of Support or Guide Animals Or Construct, operate, offer for sale, lease or rent or otherwise make available housing or commercial property which is not accessible. The term "accessible" means being in compliance with the applicable standards as provided under the Fair Housing Act, the Americans with Disabilities Act of 1990 and the Universal Accessibility Act. IT IS ALSO UNLAWFUL FOR: Any person to retaliate against an individual because the individual has filed a complaint with the Commission, or has otherwise participated in any Commission proceeding, or for any person to aid or abet any unlawful discriminatory practice under the Human Relations Act OR, BECAUSE OF: The handicap or disability of an individual with whom the person is known to have a relationship or association.

13. Fuel oil, if any, remaining in the tank shall be apportioned as of the date of performance.

14. Thomas G. Macarro, Auctioneer shall hold the down payment in an interest bearing account for disbursement at settlement or termination of this Agreement.

Social Security Number for the Buyer: ______________________

IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first above written.

_____________________________
SELLER
_____________________________
SELLER
_____________________________
BUYER
_____________________________
BUYER

RECEIVED, the day of the date of the within Agreement the sum
of __________________________________________________
DOLLARS ($ ), on account of the purchase price therein named.

WITNESS: ____________________________________


 
 
MACARRO AUCTION CO.
Thomas G. Macarro, Auctioneer AU002099L, CAI, CAGA, AARE
Jeanne Macarro, Auctioneer AU003219L
Mike Macarro, Auctioneer AU003190L
Apprentices: Melissa Macarro & Kris Murphy
 

 
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