townordered public auction - sullivan … · wednesday, april 13, 2016 at 12:00 noon. per order of...

TOWNORDEREDPUBLIC AUCTIONTOWNORDERED

PUBLIC AUCTION

Sullivan-Auctioneers.com 617.350.7700

We d n e s d ay – A p r i l 1 3 , 2 016AU C TI ON B E GI NS AT 1 2 P M

LOCATION: HENRY WOODS MUNICIPAL BLDG

40 WEST ST – BARRE, MA

LOW MINIMUM BIDS!

PROPERTY INFORMATION PACKAGE

ON THE AUCTION BLOCK:

• 453 NO. BROOKFIELD RD – MAP ID G-46 & G-47FRAMED HOME ON 1.8± ACRES

OPEN FOR INSPECTION:WED. 3/30 10AM-12PM AND WED. 4/6 1PM-3PM

• NO. BROOKFIELD RD – MAP ID G-36 – 40,357± SF LOT

• 153 CUTLER RD – MAP ID D-7 – 4.8± ACRE LOT

Sullivan-Auctioneers.com

617.350.7700

Dear Prospective Bidder :

Sullivan & Sullivan Auctioneers, LLC and the Town of Barre, MA want to thank you for your interest in our upcoming Town Ordered Public Auction of real estate on Wednesday, April 13, 2016 at 12:00 Noon.

Per order of the Town of Barre, the properties are being sold at Public Auction to the highest bidder subject to confirmation by the Town. The Town has set low minimum bids with the expectation that everything will sell!

These properties are being sold free & clear of all liens. The high bidder is NOT responsible for back taxes owed to the Town of Barre.

This auction is a unique venue that presents an ideal opportunity to purchase a piece of real estate at a realistic price in an exciting atmosphere.

This Property Information Packet contains essential auction highlights and information to help assist you in your evaluation of each property. Please remember, you are buying the properties “as is” and with no warranty or representation. The information we are supplying to you is for informational purposes only.

A sample copy of the contract of sale (P&S agreement) is available for your review prior to the auction. Please download from our website or call our office to request a copy be sent to you. At the auction, the final copy will be provided to all qualified bidders, and will also be read the Auctioneer at commencement of the auction. This will be signed by the successful high bidder upon confirmation of sale.

For further information please visit us at www.Sullivan-Auctioneers.comor contact us at 617-350-7700.

Good luck at the auction!

Sincerely,

Sullivan & Sullivan Auction Team

Table of Contents

• Disclaimer & Info Regarding Contract of Sale (P&S Agreement) 4

• Auction Advertisement 5

• Valuable Information & Terms of Sale 6

• Master List – Auction Inventory & Order 7

• Detailed Property Information 8

453 No. Brookfield Rd (Map ID: G-46 & G-47) 9

No. Brookfield Rd (Map ID G-36) 15

153 Cutler Rd (Map ID D-7) 17

• Notice of Auction 20

• Auction Terms & Conditions 21

• Sample Contract of Sale (Purchase & Sale Agreement) 22


617.350.7700

Disclaimer & Additional Information

DISCLAIMER:All information contained within this package was derived from sources believed tobe reliable. Information contained on the website, this information package orauction flyers does not constitute a representation, warranty or guarantee of anykind by the Auctioneer and/or the Seller and/or their Attorneys, Agents orEmployees of the exactness, accuracy or completeness of any information herein.The Auctioneer and/or the Seller and/or their Attorneys, Agents or Employeesexpressly disclaim any responsibility or accountability thereof. The Auctioneerand/or the Mortgagee and/or their Attorneys, Agents or Employees shall have noliability whatsoever for any loss, cost or damage arising there from. Prospectivebuyers should rely solely on their own due diligence, inspection, consciousness andjudgment. Announcements made on the auction block shall take precedence andsupersede any previously printed material or any other oral statements made byany of the previously mentioned parties herein. Prospective bidders are encouragedto evaluate & perform their own due diligence. Bidders must rely on their ownresearch & judgment.

Auctioneer reserves the right to group, delete, withdraw, to sell out ofscheduled sequence, and to accept or reject any or all bids. Biddingincrements shall be at the discretion of the Auctioneer. Any and all decisionsof the Auctioneer regarding the order and conduct of the auction shall be finaland absolute without liability to any party. Seller reserves the right to cancelor withdraw any property at any time.

CONTRACT OF SALE (PURCHASE & SALE AGREEMENT:A sample copy of the memorandum of sale (P&S agreement) is available for your review prior to the auction. Please download from our website or call our office to request a copy be sent to you. At the auction, the final copy will be provided to all qualified bidders. This will be signed by the successful high bidder upon confirmation of sale.


617.350.7700

Valuable Info & Terms of SaleAUCTION DATE: Wednesday, April 13, 2016 AT 12:00 pm

Registration will begin at 11:15 an

AUCTION LOCATION: Henry Woods Municipal Building40 West Street – Barre, MA

TYPE OF SALE: Per Order of the Town of Barre - Town Ordered Public Auction

The properties are being sold and delivered to the BUYER in an “AS IS” condition without any representations or warranty of any kind or nature.

SELLER: Town of Barre, MA

AUCTION TERMS OF SALE: In order to register to bid at the auction, bidders must have positive identification and the required deposit amount of $5,00.00 in the form of a bank check (treasurer's, cashier's, or certified) to qualify to bid. No personal or business checks will be accepted. Closing in 30 days. Properties will be sold “as is”. We make no representations, warranties, or guarantees as to the accuracy of the information provided and urge all bidders to rely entirely on their own inspection and investigation of the premises. Other terms, to be announced at the sale. Announcements made on the auction block will take precedence over any previously written or published content. All sales are subject to confirmation by the Town of Barre; confirmation will be immediate.

BUYER’S PREMIUM: There will be a Buyer’s Premium of 8% added to the high bid of each property. The high bid amount plus a 8% Buyer’s Premium shall constitute the Total Sale Price.

The Total Sale Price is the total due from the buyer and is the amount that will be represented on the Purchase & Sale Agreement.

SPECIAL ASSESSMENT & RECORDING FEES: In addition, there will be a $500 special assessment for legal fees and a $125 recording fee, as well as municipal real estate taxes for the remainder of fiscal year 2016; these will be calculated on auction day.

Example: Bid Price: $ 50,000

8% Buyer’s Premium: $ 4,000

Assessment/Rec. Fees $ 625

Total Due to Close: $ 54,625 (plus FY 2016 taxes)

CONTRACT OF SALE (PURCHASE & SALE AGREEMENT:

A sample copy of the contract of sale (P&S agreement) is available for your review prior to the auction. Please download from our website or call our office to request a copy be sent to you. At the auction, the final copy will be provided to all qualified bidders. This will be signed by the successful high bidder upon confirmation of sale.


617.350.7700

ADDRESS MAP/LOTASSESSED

VALUE AMOUNT OWED

Tax Possession

DATE NOTES

453 No. Brookfield Rd G46&G47 $201,200.00 $51,312.07 3/30/2015Framed house on 1.88

ACRE Lot

No. Brookfield Rd Lot G-36 $30,400.00 $15,365.39 3/30/2015 40,357 SF Vacant Lot

153 Cutler Rd D-7 $57,200.00 $43,669.51 3/30/2015Condemned house on 4.8

Acres

Auction Date: April 13, 2016 at 12:00 PMTax Possession Auction Inventory

Town of Barre

DETAILED

PROPERTY

INFORMATION

Property Information453 NO. BROOKFIELD RD (MAP ID: G-46 & G-47)


617.350.7700

Land: 1.8± Acre Lot consisting of 2 adjacent parcels (to be deeded together).

Improvements: 2,528± SF Framed Home (started in 2010; needs to be finished)

• A new permit will be required to finish the property. Septic design is on file with the Town;

however, the plans will need re-approved. Town water is available at the street.

• Footings, foundation & frame are complete. 2 X 4 Construction. The roof is 100% complete.

All windows are in; however, a front door is needed.

Zoning: R80

Assessed Value: $208,400 (G-46) & $37,500 (G-47)

Deposit At Time of Auction: $5,000.00

Open for

Inspection:

Wed. March 30

10am – 12pm

&

Wed. April 5

1pm – 3pm

PROPERTY MAP453 NO. BROOKFIELD RD (MAP ID: G-46 & G-47)

Property InformationNO. BROOKFIELD RD (MAP ID: G-36)


617.350.7700

Land: 40,357± SF Vacant Lot

Zoning: R80

Assessed Value: $37,400


Property Information153 CUTLER RD (MAP ID: D-7)


617.350.7700

Land: 4.8± Acre Lot consisting of 2 adjacent parcels

Improvements: 1,000± SF Dwelling, condemned for habitation, would need to be demolished.

Zoning: R80

Assessed Value: $33,600


Town of Barre

Sale of Town-Owned Parcels

Terms and Conditions

1. All properties will be sold “as is”. The Town of Barre, its Custodian, employees, representatives and/or agents

make NO REPRESENTATIONS AS TO THE CONDITION OF ANY STRUCTURES OR THE INSURABILITY

OR MARKETABILITY OF THE TITLE OTHER THAN THE TITLE VESTS IN THE TOWN OF BARRE.

2. Prospective purchasers are responsible for investigating the suitability of the parcel(s) for their intended purpose

prior to the auction.

3. All properties will be sold subject to any existing environmental conditions, if any, including but not limited to

hazardous waste conditions, which may or may not be in compliance with any applicable laws, policies or regulations.

4. Any error, misstatement or omission in the description of the property will not annul the sale, or be grounds for

any abatement or compensation.

5. The following person(s) shall not be qualified to be the successful bidder; (1) the prior owner of the property or

his/her agent, representative, assign or straw; (2) any person currently delinquent in paying his/her own property taxes

or other charges to the Town of Barre; and (3) any person who was or is currently a party to a tax title foreclosure by

the Town of Barre.

6. Upon receipt of full payment, the Town Treasurer will execute, deliver, and record on behalf of the Town of Barre

a deed transferring title of said parcel to the successful buyer.

7. The successful buyer will be required to: 1) sign and file a disclosure statement pursuant to M.G.L. c. 7, § 40J

giving the names and addresses of all persons who will have a beneficial interest in the property with the

Commissioner of Capital Asset Management and Maintenance; and 2) sign under the penalties of perjury an affidavit

indicating that no one who would gain equity in the property has been convicted of a crime involving the willful and

malicious setting of a fire or of a crime involving the aiding, counseling or procuring of a willful and malicious setting

of a fire, or of a crime involving the fraudulent filing of a claim for fire insurance; or is delinquent in the payment of

real estate taxes to the Town of Barre, or if delinquent, that a pending application for abatement of such tax, or a

pending petition before the appellate tax board or the county commissioners has been filed in good faith.

In order to qualify as a bidder and bid at auction one must be present with a deposit check of $5,000. The deposit

must be in the form of certified check, money order or bank check or attorney IOLTA check. NO PERSONAL

CHECKS WILL BE ACCEPTED. The remainder of the purchase price must be paid by May 16, 2016 or sooner by

certified check, money order, bank check or attorney IOLTA check. Failure to pay the remainder of the purchase

price by May 16, 2016 will result in the forfeiture of the deposit to the Town of Barre and the sale will be made to the

second highest bidder.

8. Pro forma taxes will be calculated and must be paid pursuant to M.G.L. c. 44, §63A.

9. The balance of the contract sale amount, the buyer’s premium of 8%, pro forma taxes, a special assessment of

500.00 to cover closing costs and the deed recording fee of $125.00 must be paid by certified funds by

May 16, 2016. Failure to pay the remainder of the balance by May 16, 2016 will result in the forfeiture of the deposit

to the Town of Barre and the sale will be made to the second highest bidder.

10. All parcels will be sold as is. If the premises are serviced by a septic/disposal system, Buyer will be solely

responsible for inspecting and/or upgrading the system in accordance with DEP Title 5 310 CMR, Section 15.301(f)

after the recording of the Treasurer’s Deed.

11. The Custodian reserves the right to reject any bid at the auction or any adjournment thereof which, in his/her

opinion, does not meet the minimum bid or approximate the fair market value of the property.

SAMPLE

CONTRACT

OF

SALE

(Purchase & Sale Agreement)

CONTRACT OF SALE (P&S) AT PUBLIC AUCTION

Date of Contract:

1. This Memorandum of Sale at Public Auction is being made on Wednesday, April 13, 2016.

BUYER/SELLER:

2. The BUYER, _______________________________________ having an address

of_______________________________________________ hereby acknowledges that

he/she/they purchased said property at Public Auction, subject to the terms and conditions

hereinafter set forth in this Memorandum of Sale from the SELLER, Town of Barre, MA,

a municipal corporation having an address of 40 West St, Barre, Massachusetts.

Property Address:

3. The property is known and numbered as ______________________________________,

Barre, MA.

Deed:

4. Said premises shall be conveyed pursuant to Massachusetts General Laws by Deed to the

BUYER or to the nominee designated by the BUYER in consideration for payment of:

PURCHASE PRICE: $_______________________

8% BUYER’S PREMIUM: $_______________________

PROCESSING FEE: $ 500.00

DEED RECORDING FEE: $ 125.00

PRO FORMA TAXES: $_______________________

PURSUANT TO M.G.L. C. 44, §63A

SUB-TOTAL $_______________________

LESS DEPOSIT ($5,000.00)

TOTAL DUE AT CLOSING $_______________________

5. BUYER shall pay all costs and/or recording fees(s) of any documents required or needed

to complete this transaction.

Purchase Price and Balance Due:

6. PURCHASE PRICE FOR SAID PREMISES IS $___________________.

DEPOSIT OF $5,000.00 HAS BEEN PAID ON THIS DAY.

The balance of the purchase price and all other fees due and payable under this

Memorandum of Sale shall be paid at the time of delivery of the deed by bank treasurer’s

check. The successful bidder’s deposit will be held by the Town as a non-refundable

deposit which shall be forfeited to the Town as liquidated damages in the event the high

bidder fails to comply with the terms and conditions of the sale and is in default thereof.

Time for Performance:

7. Said deed is to be delivered on the thirtieth (30th) day following the date of this Agreement

(or if on that day the WORCESTER County Registry of Deeds is not open for business,

then on the next day following said thirty days when said Registry is so open), or earlier if

the parties so agree. The parties agree that time is of the essence.

BUYERs Default:

8. If BUYER shall fail to fulfill BUYER’S AGREEMENTS herein, all deposits made

hereunder by the BUYER shall be retained by the SELLER as liquidated damages and this

shall be the SELLER’S sole and exclusive remedy at law or in equity for any default by

the BUYER under this AGREEMENT, The BUYER and SELLER hereby further agree

that (a) anticipated damages from a default by the BUYER are uncertain in amount and

difficult to prove, (b) the parties wish to liquidate damages in advance and (c) the amount

of the deposit bears a reasonable relationship to the damages that the SELLER would

suffer.

Material Defect:

9. If a material defect in the SELLER’S title shall be claimed by the BUYER, the BUYER

shall notify the SELLER thereof in writing at least twenty-one (21) days prior to the date

for delivery of the deed stated above and the SELLER shall be entitled to elect to either

terminate this agreement or perfect said title. If the SELLER elects to perfect title but is

unable to clear the record title or to make conveyance as above stipulated, the deposit made

hereunder shall be refunded to the BUYER and all obligations of all of the parties hereto

shall cease and be null and void.

BUYER Acknowledgement:

10. The BUYER acknowledges that he/she/they has/have not been influenced to enter into this

transaction nor has the BUYER relied upon any warranties or representations expressed or

implied not set forth in this Memorandum of Sale. The BUYER specifically acknowledges

that the SELLER, its agents and/or employees, and AUCTIONEERS have not made any

representations regarding the subject property in relation to licenses, permits and approvals

or as to the development potential of the subject property.

Condition of Premises:

11. The premises are sold and conveyed in an “AS IS” condition. SELLER makes no

warranties or representations with respect to the property, including but not limited to:

condition of the premises and/or building(s); potential use of lot; habitability; and/or

conformity with applicable state and/or local building, zoning, environmental and/or health

codes.

Due Diligence:

12. By signing this MEMORANDUM OF SALE, the BUYER acknowledges and understands

that the marketing materials used by the SELLER and/or the AUCTIONEERS are offered

for informational purposes only. The BUYER acknowledges that he/she/they have made

such inspection of the premises as circumstances permit and have used his/her/their own

due diligence in determining the condition thereof.

12a. Information contained within the marketing materials was derived from sources believed

to be reliable, but nothing contained in the package constitutes a representation or warranty

of any kind by the AUCTIONEER and/or SELLER of the accuracy or completeness of any

information therein and the AUCTIONEER and SELLER expressly disclaim any

responsibility therefore. The AUCTIONEER and SELLER shall have no liability

whatsoever of any loss, cost or damage arising there from. Prospective BUYERs should

rely entirely on their own due diligence, inspection and judgment. Announcements from

the auction block shall take precedence over any previously printed material or any other

oral statements made.

12b. BUYER hereby acknowledges that the property is sold subject to any applicable Title V

laws. SELLER has not inspected the septic/disposal system (if any), and does not make

any representations as to the condition of same. BUYER agrees to immediately schedule

an inspection of the system and acknowledges that he/she/they are responsible for any

upgrade requirements or repairs.

12c. BUYER further acknowledges that the property is sold subject to the provisions of any and

all applicable statutes.

Risk of Loss

13. The BUYER acknowledges that from and after this date he or she shall have the sole risk

of loss, and the SELLER shall have no responsibility for maintaining insurance on the

premises. In the event that the premises is damaged by fire or other casualty from or after

this date, the BUYER shall remain obligated to consummate the sale without any reduction

in the purchase price, and upon consummation of such sale, the SELLER shall pay over or

assign to the BUYER any amounts recovered or recoverable if and to the extent any such

damage by fire or other casualty was insured against, less any amounts reasonably

expended by the SELLER in order to obtain such recovery.

Contingencies:

14. This sale is not contingent on financing, a home inspection, Title 5 inspection,

smoke/carbon monoxide certificate, or any other event, occurrence or inspection.

Execution of Documents:

15. The BUYER agrees to execute the following documents:

a. Pursuant to Massachusetts General Laws Chapter 7 Section 40J, a statement disclosing

whether or not he/she/they hold(s) an elected public office in the Commonwealth and

whether or not he/she/they is/are an employee of the Division of Capital Asset Management

and Maintenance;

b. An affidavit stating that he/she/they has/have never been convicted of the crime of arson

or of aiding in the commission of the crime of arson or the fraudulent filing of a claim for

fire insurance; and

c. An affidavit stating that he/she/they is/are not delinquent in the payment of real estate taxes

to the Town of Barre.

Hazardous Material:

16. The SELLER makes no warranties or representations of any kind regarding the existence

and/or absence of any hazardous material, including but not limited to lead paint, asbestos,

UFFI, Radon Gas, Chlordane, mold and/or underground storage tanks, in or on the

premises, which materials, if any, may be subject to the provisions of Massachusetts

General Law Chapter 21E or Massachusetts General Laws Chapter 111 Section 190-199

and/or any regulations promulgated there under.

Acceptance of the Deed:

17. The acceptance of the deed by the BUYER shall be deemed to be a full performance and

discharge of every agreement and obligation herein contained or expressed of SELLER.

Contract Acknowledgement & Acceptance:

18. This MEMORANDUM OF SALE, executed in triplicate, to be construed as a

Massachusetts contract to take effect as a sealed instrument, sets forth the entire contract

between the parties, is binding upon and inures to the benefit of the parties hereto and their

respective heirs, devisees, executors, administrators, successors and assigns, and may be

canceled, modified or amended only be a written instrument executed by the SELLER and

BUYER. If two or more persons are named herein as BUYER, their obligations hereunder

shall be joint and several. The BUYER and SELLER do hereby acknowledge that they

have read the foregoing and understand and agree to the terms and conditions as set forth

herein and they further acknowledge receipt of a copy of this Agreement.

X X

BUYER #1 Signature

SELLER Signature: Heather R. Lemieux

Town Administrator, Town of Barre, MA

40 West St, Barre, MA 01005

BUYER #1 (Print Name)

BUYER #2 (if applicable) Signature

BUYER #2 (Print Name)

ADDRESS:

SULLIVAN & SULLIVAN AUCTIONEERS, LLC:

X

CITY, STATE, ZIP

Marianne F. Sullivan, Auctioneer

MA Lic #107

PHONE

Sullivan & Sullivan Auctioneers, LLC

148 Route 6A – Sandwich, MA 02563

Phone: 617-350-7700

Email: [email protected]

CITY, STATE, ZIP

PHONE:

X

EMAIL: WITNESS:

Please contact the Town’s attorney to arrange for your closing: Ronald J. Berenson, Esq. – [email protected] Phone: 413.529.9936 * Fax: 413.529.9940

Berenson & Bloom - 116 Pleasant St., Ste. 340 - Easthampton, MA 01027