This auction will be conducted by Purple Wave Kansas City, Alvin Beadles, broker
Questions regarding real estate should be directed to Purple Wave Kansas City at 913.944.4150.
Each auction has unique terms.
Monday through Friday9:00am to 5:00pm CDT
Saturday10:00am to 3:00pm CDT
We are closed on Sundays.
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Auction date and time
The auction will be held at 10 a.m. CDT on Thursday, May 8, 2008.
Close of bidding
Automatic extension time is 5 minutes
The property will close at 10 a.m. CDT on Thursday, May 8, and will sell to the winning Internet buyers at that time. This auction will feature our automatic extension system which grants a five minute extension to the end of the auction of any item receiving a bid during the last five minutes. The item will then close when five minutes have elapsed without any activity..
Timeshare property sold for a contract price of $687.50 to bidder 10234.
Timeshare at Mountainside Resort
The Mountainside is located "in the middle of it all" in Grand County, Colorado at an elevation of 8,200 feet. In addition to the close proximity of the SolVista Ski Basin and Headwater's Golf Course other winter activities include skiing at Winter Park, located about 25 minutes away, sleigh rides, snow shoeing, and cross country skiing. Spring and summer activities include fishing, hiking, white water rafting, boating on Lake Granby, as well as swimming, tennis and basketball at the resort
Timeshare information
This timshare at Mountainside Resort is unit 68, week 20 with floating time during weeks 15-23 and a Saturday check-in time. For 2008, the floating weeks are April 12 through June 14. No upgrade charge applies during the floating weeks. This unit sleeps seven to nine people. Maintenance fees of $120 per quarter are due in December, March, June and September. The maintenance fee has been paid for March 2008. Approximate transfer costs will be approximately $110 which includes $75 to the resort management group, $25 to the Mountainside Timeshare Association and $11 to Grand Country for the recording fee.
Visit www.silvercreeklodging.com for more information.
96 Mountainside Drive
All images are representative images. No actual images of the property have been taken.
Thoroughly read all information provided by Auctioneer and familiarize yourself with the properties offered and the Auction Terms. If you will require financing, obtain pre-approval before placing any bids. If you have questions about the Auction Terms, Auction Contract or any other document, please contact one of our licensed real estate sales professionals.
Attend an open house/preview and inspect each property in which you are interested. Establish a range of value for the property and bid within your limits. We do not recommend that you bid on a property that you have not seen. No post-auction inspection rights or periods will be provided.
The deposit listed in the Auction Terms is due immediately if you are declared the winning bidder and is non-refundable as noted in the Auction Terms. Be prepared to pay the deposit on auction day.
Buying real estate at auction is simple and easy.
Good luck in your bidding!
For the properties located at 96 Mountainside Drive in Granby, CO, to be auctioned on Thursday, May 8, 2008, a commission will be paid to any properly licensed real estate broker whose buyer is the successful purchaser for this property and who actually closes and pays the total contract sale price for the property. The commission shall be paid as follows:
Three percent commission will be paid on any pre-sale or written opening bid amount shown on the broker participation form, included in this document or available upon request. A one percent commission will be paid on the amount by which the successful high bid at auction, not including the buyer's premium, exceeds the bid amount indicated on the broker participation form.
If an opening bid is not written on the broker participation form, or the form is not submitted according to the terms listed thereon, then a one percent commission will be paid to the broker on the full amount of the successful high bid.
To earn the buyer broker commission, the participating broker must register his or her bidder by completing the broker participation form in full and must fax, mail, or email it to the auctioneer. The form must be received no later than 24 hours prior to the start of the auction.
Download buyer broker participation form
The form should be sent to
Purple Wave Auction, Inc.
701 Enoch Lane
Manhattan, KS 66502
auction@purplewave.com
785.539.5356 f
Conditions of sale
Everyone must register for a bidding number. The owner warrants to convey
marketable title to the real estate through a limited warranty deed, free from
all encumbrances, liens, or judgments at the time of closing.
Buyer's premium
A 10% buyer's premium will be added to the bid to establish the contract
price the successful bidder must pay. For example, a bid of $100,000 will be
assessed a $10,000 buyer's premium, creating a contract price of $110,000.
Restrictions
The property is sold subject to all city, county, and state laws, ordinances,
and regulations as well as any and all easements, encumbrances, and
restrictions applicable to the property. Seller is placing no restrictions on the
property.
Release
By its acceptance of the deed, buyer shall be deemed to release seller, Purple
Wave Realty, and Purple Wave Auction, Inc. from any and all claims and
liabilities relating to any defect, deficiency of other matter concerning the
property including, without limitation, the quality, condition, quantity, or use
of the property. Sellers, Purple Wave Realty and Purple Wave Auction, Inc.
give no warranties of any kind either expressed or implied, with respect to
the condition, merchantability, use size, configuration, design, or suitability of
the property.
Legal courses of action
Bids are a binding offer to enter a contract and you are responsible for
honoring them. Every legal remedy available will be used to ensure buyer's
performance of this contract. Buyer accepts responsibility for and agrees
for buyer and all of buyer's agents, representatives, successors and assigns
to indemnify, defend and hold harmless sellers, Purple Wave Realty, Purple
Wave Auction, Inc., their employees, governing body, officers, owners,
affiliates, subsidiaries, directors, agents, and representatives from and
against any and all claims, losses, damages, liabilities, judgments, fees,
costs, and expenses including reasonable attorneys' fees and expenses
related to, arising from, or associated with (I) the sale of the property,
including, but not limited to, personal injuries or property damage incurred
on the sale premises or during removal and transport of any auction item,
(II) buyer's use of Purple Wave Auction, Inc.'s website and (III) a dispute
with another bidder.
Arbitration
For disputes between buyer and seller, Purple Wave Realty and/or Purple
Wave Auction, Inc., that are not resolved by the parties within ten days after
any party gives notice to the others of its desire to arbitrate the dispute, the
dispute shall be settled by binding arbitration by the American Arbitration
Association in accord with its then-prevailing rules. Such arbitration shall
be conducted in Manhattan, Kansas. Judgment upon the arbitration award
may be entered in any court having jurisdiction. The arbitrator shall have no
power to change the provisions of this agreement. The arbitrator shall consist
of one arbitrator, who must be a real estate attorney actively engaged in the
practice of law for at least the last five years.
Bid rejection
Purple Wave Auction, Inc. reserves the right to reject any and all bids from
any bidder.
Bid retraction
By placing a bid, buyer and all other bidders acknowledge all terms of the
auction and agree not to retract the purchase offer. If a bidder cannot satisfy
the terms of the auction, the bidder should not bid.
Assessment of condition
All bidders, including buyer, should rely solely on personal inspection and
not information listed in this property information document, on the website,
or otherwise provided by Purple Wave Realty, Purple Wave Auction, Inc. or
seller. Any bidder's failure to inspect, or otherwise be fully informed as to the
nature, quality, condition, quantity, and size of any items will not constitute
grounds for any claim, adjustment, refund, termination of the Auction
Contract, or refusal to close the sale.
Auction contract
Please note that the Auction Contract executed by buyer and seller
immediately following the close of the auction will be written based on the
manner in which buyer bids. Buyer will be closing on the tract or combination
of tracts on which buyer is the successful bidder in the final manner in which
buyer bids at the auction.
Real estate brokerage services disclosure
Purple Wave Realty and its auctioneer, Purple Wave Auction, Inc., represent
the seller in this transaction. They do not represent the buyer in any
manner and they must be completely loyal and faithful to the seller. Purple
Wave Realty has an exclusive right to the listing for this transaction. All
negotiations must be conducted through Purple Wave Realty. Purple Wave
Realty is the exclusive agent for the sellers in this transaction. All successful
bidders will be required to sign an agency disclosure form at the time of
signing the Auction Contract, if applicable.
Purple Wave Realty's involvement in contract
The seller and buyer hereby agree that Purple Wave Realty is an intended
third party beneficiary of the Auction Contract and shall receive compensation
as stated in the agreement between it and seller.
Utilities
Neither Purple Wave Realty, Purple Wave Auction, Inc. nor the seller
guarantees the availability of utilities, public or private. This exclusion
consists of, but is not limited to, wells, septic tanks, access to public utilities,
or any hook-up fees therewith. Confirmation of utility availability is the
bidder's sole responsibility.
Terms
A 10%, non-refundable deposit based on the contract price will be due from
buyer immediately after buyer is declared the winner. The balance shall be
payable in cash at closing in 30 days. This transaction is not contingent on
the buyer obtaining financing or upon any other event except as specifically
referred to in these terms and conditions. Personal or business checks will be
accepted with a bank letter guaranteeing payment of such funds.
Remedies
If buyer chooses not to close within the stated time herein and no written
extension has been granted by the seller, the buyer will forfeit all the
deposit and Purple Wave Realty may disperse the deposit as stated in
the listing agreement. Notwithstanding the foregoing, seller may seek
any other relief or remedy in law or equity, including suing the buyer for
specific performance, which buyer expressly agrees is permitted, and/or any
additional damages the seller suffers by the default of the buyer.
Escrow
All monies collected on sale day will be deposited in an escrow account, the location of which is listed below.
Capital Title Insurance Company
4805 Vue Du Lac Place
Manhattan, KS 66503
Possession
Buyer shall receive possession of property at the date of closing.
Multiple tract sales
Individual purchases are to be considered as singular transactions not
contingent on the sale of other properties or tracts. Purple Wave Realty
reserves the right to offer the property in individual tracts or lots,
combinations of tracts or lots, as a whole or in anyway that we see fit in
order for it to bring the most money for the seller. The sale of combinations
supersedes the sale of individual tracts. The decision of the auctioneer is
final. Seller and Purple Wave Realty reserve the right to amend any terms or
conditions prior to or during the auction.
Closing cost
Buyer shall pay all closing costs associated with purchasing the property. Such costs
include but are not limited to examination of title and / or title insurance,
fees charged by a lender or lenders, property insurance, mortgage insurance, credit report(s),
property legal survey, all recording fees, and fees charged for services by the
escrow and / or closing agent. Additionally, any other fees associated with the
transaction, including inspections such as termite or other pestss, whole house
or lead based paint, shall be paid by the buyer. Also, buyer(s) shall pay for
charges and fees by buyer's attorney. Seller shall not pay any closing costs.
Closing location and agent
The closing location and agent will be determined on or before the auction
date.
Title insurance
All title insurance commitment fees and premiums will be paid by buyer.
Taxes
Real estate, personal property, and other taxes or governmental assessments
against the property will be prorated to the day of closing.
Miscellaneous
All prior understandings and agreements between the parties are merged
into this agreement, which constitutes the entire agreement between the
parties. Time is of the essence of this agreement. This agreement shall
be construed in accordance with and governed by the laws of the state of
Kansas. No delay or failure by seller to exercise any right hereunder, and no
partial or single exercise of such right, shall constitute a waiver of that or
any other right, unless otherwise expressly provided herein. This agreement
shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, legal representatives, and assigns.
