Online Auction
Promissory Note secured by a deed of trust pertaining to property at
582201 Hwy 1 North, Rosedale, Bolivar County, MS
U. S. Bankruptcy Court, Northern District of Mississippi
Willie B. Taylor Bankruptcy Estate, Case NO -15-11639-SDM
Tuesday, April 9, 2019 @ 12:00 PM
Note: We are selling a Promissory note; not Real Estate. Please make sure to read all documents provided before placing your bid.
DOCUMENTS AND AMOUNT OWED IS DETAILED ON CATALOG LOT
10% Buyers' Premium on Hammer Bid
Trustee will confirm bid price of Promissory Note
Buyer makes full payment within 24 hours of completion of auction.
Trustee will convey assignment of Promissory Note and Land Deed of trust after fund clearance.
IMPORTANT INFORMATION
PLEASE READ BEFORE BIDDING.
GENERAL TERMS OF THE PROMISSORY NOTE AUCTION
10% Buyers' Premium on Hammer Bid
Trustee will confirm bid price of Promissory Note
Buyer makes full payment within 24 hours of completion of auction.
Trustee will convey assignment of Promissory Note and Land Deed of trust after fund clearance.
All financial arrangements must be made prior to placing a bid.
ALL PROPERTY IS SOLD ’AS-IS’ and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction to provide accurate descriptions. All information obtained came from the seller or third party sources.
Taylor Auction & Realty, Inc. may attempt to describe the asset in advertising, on the internet and at the auction but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. Bidder shall be the sole judge of value. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the description of the merchandise.
BIDDER REGISTRATION:
In order for us to have enough time to conduct authorizations, it is encouraged that your register and bid early. Waiting till the last minute to register and or become comfortable with the system could negatively affect your bidding. We encourage you to register at least 24 hours in advance of the auction.
In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, credit card information and email address at which they can be contacted. This is to insure good communication between Taylor Auction & Realty, Inc. and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity will be terminated.
BIDDING PROCEDURES:
Our on-line auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed. If you win you will be notified by email. It is recommended that you watch the auction at the extended bidding time session to make sure you are the high bidder.
By placing a bid, you agree to all of the terms and conditions which may be set forth by each individual auction company and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions of each individual auction company as well as each terms and conditions of each individual auction. The Auctioneer / Auction Company have the sole discretion to advance the bidding and may reject any and all bids which in the Auctioneers sole discretion does not advance and or injurious to the auction, including but not limited to minimal suspicious and or suspect advances. The Auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the item or property being auctioned. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to change bids, or withdraw items in this auction.
EXTENDED BIDDING:
This auction incorporates an EXTEND ALL feature. This feature extends the bidding for THIS LOT on the auction. The auction will be extended for the amount of time supplied in the Auto Extend field which is 5 minutes. Please note, that this feature changes the actual end time of the auction and that no notification of this extension is currently given to bidders. At close of auction, all bidders are encouraged to watch the catalog for bidding purposes because of the extend-all feature on the lot.
MAX BIDS:
Internet bidders who desire to make certain their bids are acknowledged should use the internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified.
OR YOU MAY UTILIZE THE FORCED BID METHOD AS WELL
FORCED BID:
“Forced Bid/Jump Bid” is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (placing your bid at $200 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a “forced” bid with no other competing bids.
BROWSER INFORMATION: Google Chrome and Mozilla Firefox is the preferred Internet Browser for our bidding platforms. Because Microsoft is phasing out support for Internet Explorer 8, 9 and 10, bidders are more likely to have issues with Internet Explorer when using our website.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Taylor Auction & Realty, Inc. is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Taylor Auction & Realty, Inc. or anyone else if the internet service fails to work correctly. Taylor Auction & Realty, Inc. will not be responsible for any missed bids from any source.
Time Increase or Decrease: : In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserve the right to extend bidding, continue the bidding, or close the bidding or increase of decrease the extended time amount at the end of the auction.
INVOICES: Winning high bidders are notified by email when all items in the auction have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).
PAYMENT TERMS:
All accounts must be settled at the conclusion of the auction. We request Payment made in full at the end of the auction. Wire transfer is the preferred method of payment in regard to this auction. We also accept Cashier's Checks, Wire Transfer, Visa, American Express, MasterCard and Discover. No credit card charge backs allowed. Bidders are charged a 10% Buyers’ Fee. Credit Card Usage is an additional 3%.
Photo Identification must be presented by the registered buyer to initiate the payment process if unknown to our staff. Payment on each lot must be made by the successful registered bidder for that specific lot. All credit cards presented by the buyer must have been issued to the buyer or the business he she registered to represent at the auction. Electronic bank transfers for final payment of purchases must originate from an account of the registered buyer or the business the buyer represents. The transfer must include the bidder number and the invoice number.
DECLINED CREDIT CARDS or RETURNED CHECKS:
Any bidders with credit cards declined on reconciliation day or who write us an insufficient check are black-flagged from our system.
RETURN CHECK POLICY
If Taylor Auction & Realty, Inc. receives a returned check; the buyer agrees to pay a $30 returned check fee. Buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 OR return the merchandise
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder and Buyer each individually and collectively by virtue of participating in the Auction conducted by Taylor Auction and Realty, Inc. do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold/purchased or the physical location of the Auction. The successful purchaser agrees to pay any and all reasonable attorney fees and costs incurred by the Auction Company, the seller and/or their servants, agents or employees in the commencement or defense of any actions hereunder as well as in the collection of any obligations hereunder. The purchaser agrees that a fee of 2% per month be added to the balance of any unpaid balance due the Auction Company and any other costs or losses incurred by the purchasers’ failure to adhere to these terms.
HOLD HARMLESS: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and/or any servant, agent or employee of the same by bidder’s participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on auction for absentee bidders or at the direction of interested bidders.
Guaranty Agreement in regard to bidding for a business entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Taylor Auction & Realty, Inc. and completion of the transaction.
By bidding on any item, the bidder shows acceptance of the terms of the auction.
Benny Taylor
Taylor Auction & Realty, Inc.
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes.
PLEASE READ BEFORE BIDDING.
GENERAL TERMS OF THE PROMISSORY NOTE AUCTION
10% Buyers' Premium on Hammer Bid
Trustee will confirm bid price of Promissory Note
Buyer makes full payment within 24 hours of completion of auction.
Trustee will convey assignment of Promissory Note and Land Deed of trust after fund clearance.
All financial arrangements must be made prior to placing a bid.
ALL PROPERTY IS SOLD ’AS-IS’ and ALL SALES ARE FINAL: Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction to provide accurate descriptions. All information obtained came from the seller or third party sources.
Taylor Auction & Realty, Inc. may attempt to describe the asset in advertising, on the internet and at the auction but makes no representations. Printed statements or descriptions by staff are provided in good faith and are matters of opinion. In no event shall Taylor Auction & Realty, Inc. be held responsible for having made or implied any warranty of merchant-ability or fitness for a particular purpose. Bidder shall be the sole judge of value. Taylor Auction & Realty, Inc. will not be responsible for any errors or omissions in the description of the merchandise.
BIDDER REGISTRATION:
In order for us to have enough time to conduct authorizations, it is encouraged that your register and bid early. Waiting till the last minute to register and or become comfortable with the system could negatively affect your bidding. We encourage you to register at least 24 hours in advance of the auction.
In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, credit card information and email address at which they can be contacted. This is to insure good communication between Taylor Auction & Realty, Inc. and the bidder throughout any transactions. Each bidder's identity will be verified. Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity will be terminated.
BIDDING PROCEDURES:
Our on-line auctions move quickly! If you are interested in bidding, bid quickly, especially at the close of the bidding time. The bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed. If you win you will be notified by email. It is recommended that you watch the auction at the extended bidding time session to make sure you are the high bidder.
By placing a bid, you agree to all of the terms and conditions which may be set forth by each individual auction company and expressly acknowledge and affirm that you have read and are familiar with the terms and conditions of each individual auction company as well as each terms and conditions of each individual auction. The Auctioneer / Auction Company have the sole discretion to advance the bidding and may reject any and all bids which in the Auctioneers sole discretion does not advance and or injurious to the auction, including but not limited to minimal suspicious and or suspect advances. The Auctioneer shall have sole discretion in deciding the successful bidder in the event of a bidding dispute. By placing a bid, you acknowledge that your bid is a legally binding offer to purchase the item or property being auctioned. Times shall be of the essence. Taylor Auction & Realty, Inc. reserves the right to change bids, or withdraw items in this auction.
EXTENDED BIDDING:
This auction incorporates an EXTEND ALL feature. This feature extends the bidding for THIS LOT on the auction. The auction will be extended for the amount of time supplied in the Auto Extend field which is 5 minutes. Please note, that this feature changes the actual end time of the auction and that no notification of this extension is currently given to bidders. At close of auction, all bidders are encouraged to watch the catalog for bidding purposes because of the extend-all feature on the lot.
MAX BIDS:
Internet bidders who desire to make certain their bids are acknowledged should use the internet bidding feature and leave their maximum bid. When you bid your max, the current bid price does not automatically go to your max bid. Someone else has to bid to increase the current price and the computer will automatically bid up to your max in the increments specified.
OR YOU MAY UTILIZE THE FORCED BID METHOD AS WELL
FORCED BID:
“Forced Bid/Jump Bid” is a bidding strategy by which a bidder increases the bid by more than the next accepted bid (placing your bid at $200 when the next accepted bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item. There are many theories on the effectiveness of this practice and a bidder who wishes to apply it does so at their own discretion. The auction company will not lower the price of an item that has been won by a “forced” bid with no other competing bids.
BROWSER INFORMATION: Google Chrome and Mozilla Firefox is the preferred Internet Browser for our bidding platforms. Because Microsoft is phasing out support for Internet Explorer 8, 9 and 10, bidders are more likely to have issues with Internet Explorer when using our website.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Taylor Auction & Realty, Inc. is providing online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Taylor Auction & Realty, Inc. or anyone else if the internet service fails to work correctly. Taylor Auction & Realty, Inc. will not be responsible for any missed bids from any source.
Time Increase or Decrease: : In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserve the right to extend bidding, continue the bidding, or close the bidding or increase of decrease the extended time amount at the end of the auction.
INVOICES: Winning high bidders are notified by email when all items in the auction have closed. Bidders are responsible for checking their email to receive notification that they have won a lot(s).
PAYMENT TERMS:
All accounts must be settled at the conclusion of the auction. We request Payment made in full at the end of the auction. Wire transfer is the preferred method of payment in regard to this auction. We also accept Cashier's Checks, Wire Transfer, Visa, American Express, MasterCard and Discover. No credit card charge backs allowed. Bidders are charged a 10% Buyers’ Fee. Credit Card Usage is an additional 3%.
Photo Identification must be presented by the registered buyer to initiate the payment process if unknown to our staff. Payment on each lot must be made by the successful registered bidder for that specific lot. All credit cards presented by the buyer must have been issued to the buyer or the business he she registered to represent at the auction. Electronic bank transfers for final payment of purchases must originate from an account of the registered buyer or the business the buyer represents. The transfer must include the bidder number and the invoice number.
DECLINED CREDIT CARDS or RETURNED CHECKS:
Any bidders with credit cards declined on reconciliation day or who write us an insufficient check are black-flagged from our system.
RETURN CHECK POLICY
If Taylor Auction & Realty, Inc. receives a returned check; the buyer agrees to pay a $30 returned check fee. Buyer will either agree to pay via certified funds for the entirety of the returned check plus $30 OR return the merchandise
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder and Buyer each individually and collectively by virtue of participating in the Auction conducted by Taylor Auction and Realty, Inc. do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold/purchased or the physical location of the Auction. The successful purchaser agrees to pay any and all reasonable attorney fees and costs incurred by the Auction Company, the seller and/or their servants, agents or employees in the commencement or defense of any actions hereunder as well as in the collection of any obligations hereunder. The purchaser agrees that a fee of 2% per month be added to the balance of any unpaid balance due the Auction Company and any other costs or losses incurred by the purchasers’ failure to adhere to these terms.
HOLD HARMLESS: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and/or any servant, agent or employee of the same by bidder’s participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction.
Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or auction company may bid on auction for absentee bidders or at the direction of interested bidders.
Guaranty Agreement in regard to bidding for a business entity: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Taylor Auction & Realty, Inc. and completion of the transaction.
By bidding on any item, the bidder shows acceptance of the terms of the auction.
Benny Taylor
Taylor Auction & Realty, Inc.
INFORMATION IS SUBJECT TO CHANGE
Announcements in the form of updated terms posted on the website will take precedence over any prior viewed terms at registrations, previously material or any other oral statements made. Please view the terms periodically for any changes.