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Auction Information
Auctioneer Real Living Ness Bros. Real Estate & Auction Co. 260-459-3911
Auction Date Nov 17 Auction
8827 N 500 E
Decatur, IN
Time 03:00PM
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Auction Listing
AuctionZip Auctioneer ID# 12317

                                 U.S. Bankruptcy

                               Online Auction

Bidding Ends Thurs. Nov. 17 @ 3 p.m.

Open House: Sun. Nov. 13 (1:00-2:00)


Online Bidding Only go to WWW.NessBrosAuctions.Com  


Located at 8827 N 500 E, Decatur, IN


Property Information

·         2,640 Sq. Ft. Two Story Home                          

·         4 Bedrooms

·         Many Newer Updates

·          Newer Roof, Furnace System                                                        

·          3 Concrete Floored Outbuildings

·        3.62 Acres



For Free Recorded Msg. Call 1-877-297-7407 ID6490

Statements made the day of auction takes precedence over previously printed materials or any oral statements.


Dustin Roach, Trustee – Seller

Bankruptcy Case #16-11301

                Kurt Ness - Auction Manger Cell#260-417-1545



---BANKRUPTCY ONLINE AUCTION CONDITIONS: Once the auction is concluded the winning bid will be

submitted to the Bankruptcy Trustee for approval. Once the Offer is accepted in writing by the

Bankruptcy Trustee, the Bankruptcy Trustee has up to 30 business days to obtain Bankruptcy Court

approval. If Bankruptcy Court approval is not obtained, all funds paid to Ness Bros. will be returned,

without interest.

----BIDDERS COPY OF PURCHASE AGREEMENT AND TERMS: All bidders who have registered for the

online auction can view copies of the offer to purchase and terms at on the

specific property Auction Detail Page.

----ONLINE REGISTRATION: Registration for this auction (online) finalizes each bidder's agreement to the

terms and conditions of sale as stated in the Purchase Agreement which are incorporated by reference

into your bidding. Do not bid until you have read the terms and conditions. In order to bid on the Real

Estate, all bidders must be signed in through There is no fee to register, but a valid

credit card will be required to verify identity and ensure payment of the Earnest Money, if applicable.

By 􀄏idding you are representing to Ness Bros. Real Estate & Au􀄐tion Co., In􀄐. 􀍾􀍞Ness Bros.􀍟􀍿, and the

Seller that you have read and agree to be bound by the terms and conditions for this sale as stated

herein. If you do not agree with any of the terms and conditions stated, DO NOT BID or you will be

bound by those terms and conditions. By bidding you agree to all disclosures.

----CONDUCT OF THE AUCTION: The Seller and selling agents reserve the right to preclude any person

from bidding if there is any question as to the person's identity, credentials, validity of the credit card,

fitness to bid, financial ability to buy, etc. All decisions of the Auctioneer are final. THE SALE WILL BE

CONTROLLED BY THE AUCTIONFLEX/BIDOPIA SOFTWARE. Ness Bros is not responsible for malfunctions

or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute,

the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole

arbiter as to who is or is not allowed to bid.

----BIDDING: Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered

and are approved by the way of verified identity and credit card information. The bidding will be open

for minimum of 19 days. The auction ends at a predetermined time with an Overtime Period if

necessary, which is defined as follows: if a bid is placed within five (5) minutes of the close of bidding,

then another five (5) minute period commences from the time of the last bid until no bids are placed

within the next five (5) minutes. The last bid shall be made final.

----AGENCY DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. will represent the Seller exclusively

unless a Ness Bros. Agent has a signed buyer agency agreement with Buyer, then that agent has a

limited agency with Buyer.

----DISCLAIMER & ABSENCE OF WARRANTIES: All information contained online or in the brochure and

related material is subject to the terms and conditions outlined in the Purchase Agreement. The

Property is being sold on an "AS IS, WHERE IS" basis. No warranty or representation, either expressed or

implied, concerning the Property, its condition, or the condition of any other components on the

Property, is made by the Seller or Ness Bros. All sketches and dimensions online or in the brochure are

approximate. The information contained online or in the Brochure is subject to verification by all parties

relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or Ness Bros.

Each potential bidder is responsible for conducting his or her own independent inspections,

investigations, inquiries, and due diligence concerning the property.

---TERMS: Earnest Money of 10% down or $2,500.00, whichever is greater, within 24 hours of the

online auction closing. In the event the winning bidder fails to provide the Earnest Money within 24

hours, Ness Bros. is authorized to charge the credit card for the amount of the Earnest Money, or any

portion thereof, and an additional administrative fee of 5% of the amount being charged. The balance is

due in full upon delivery of the merchantable title and deed free and clear of all liens and encumbrances

except as stated herein and subject to easements or restrictions of record. A 5% buyer’s premium, or

minimum of $2,500, whichever is greater will be added to final bid and included in the total contract price.

All bids accepted on the Real Estate are subject to the Bankruptcy Trustee and the Bankruptcy Court's


---TITLE POLICY: A preliminary title policy has been prepared by Lime City Title Co., which will be

preparing the final title policy plus conducting the Closing.

----CONDITIONS: No offer shall be accepted that is contingent on financing. The Earnest Money will be

totally forfeited in the event the Seller accepts the successful bidder's Purchase Agreement in writing

and the successful bidder subsequently refuses to proceed to Closing.

---EXECUTION OF PURCHASE AGREEMENT: The successful bidder has earned the right to make an offer

to the Seller; no sale has been completed. The bidder will be required to execute a Real Estate Purchase

Agreement immediately following the close of the auction and provide the required Earnest Money

within 24 hours. Buyer's offer expires 11:59 P.M. (local time) seven days after the online auction date,

unless Seller timely accepts it; the Earnest Money will be returned if Seller does not accept the

successful bid, subject to any required approvals.

----TAXES: There will be NO prorating of Real Estate taxes. Buyer shall assume and pay all delinquent

and/or current taxes. If at the time of closing the tax bill for the Real Estate for the succeeding year has

not been issued, taxes payable shall be computed based on the last tax bill available to the closing


----GUARANTY: Any individual submitting a bid or signing the Purchase Agreement on behalf of any

entity agrees to be individually bound by all these terms and conditions and individually responsible for

payment of the Earnest Money and the balance due.

----POSSESSION: The possession of the Property shall be 15 days after the Closing, su􀄏je􀄐t to tenants’

rights, by 5:00 P.M.

----SURVEY: No survey will be provided by the Seller. If a survey is requested, it will be paid for by the


----CLOSING: Once the bankruptcy court approves the sale, closing to be within 20 days. The fee

charged by any closing agent, including an attorney acting as a closing agent for both parties, or Buyer's

lender acting in such capacity, for closing services shall be paid equally by the parties. Buyer will be

responsible for paying a $245.00 administration transaction commission.

NOTE: Neither the Seller nor Ness Bros. is responsible for any personal property left in the residence

and buildings, or on the land at the time possession is granted to Buyer.

THANK YOU for your interest in this offering. If you have any questions, please feel free to talk to one of

our representatives.




Auctioneer License Information: AU01026833

    Auction Listings provided by Although the information published herein is from sources deemed reliable, expressly disclaims any liability for errors, omissions or changes regarding any information provided for this auction. Potential buyers are urged to verify auction date, time, and content directly through the auctioneer's website or by contacting the auctioneer directly. The terms and conditions of the auction may or may not be published in this listing. ALL TERMS AND CONDITIONS AND OTHER ANNOUNCEMENTS MADE THE DAY OF THE AUCTION ARE BINDING AND TAKE PRECEDENCE OVER ANY INFORMATION FOUND HEREIN.