5378 N Co. Rd. 930 E. Forest, IN. 46039 Property is being sold at auction. Auction begins at 10:00 a.m. EST on Tuesday, December 10th, 2024. Auction ends at 6:00 p.m. EST on Thursday, January 9th, 2024. bidding beginning to close at 6:00 p.m. **The close of bidding is a soft close/automatically extended". If a bid is received during the last 3 minutes of bidding, it will automatically be extended an additional 3 minutes. PLEASE READ AND REVIEW THE REAL ESTATE TERMS THOROUGHLY PRIOR TO BIDDING ON THIS PROPERTY. IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS- DO NOT PLACE A BID. BY BIDDING ON THE PROPERTY, THE BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE PROPERTY UNDER THE FOLLOWING TERMS AND CONDITIONS: UPON CONCLUSION OF THE AUCTION: The Winning Bidder will be emailed a Real Estate Contract to either sign digitally or to print and sign without any modifications and return the completed and signed contract to Martino Realty and Auctioneers LLC by email, or in person by 10:00AM EST the next business day following the auction. Along with the completed, signed contract, the Winning Bidder will be required to send the specified non-refundable earnest money deposit as stated in the property description. This non-refundable earnest money deposit will be held in escrow until closing, and that amount will then be credited to the Buyer as part of the purchase price of the property. A successful bidder not executing and returning the completed contract and earnest money deposit by 10:00AM EST on the next business day after the close of the auction will be considered in default. Such default by the successful bidder will result in the Bidder's liability to both the Seller and Martino Realty and Auctioneers LLC. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the property either publicly or privately with Martino Realty and Auctioneers LLC, and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding costs of the property, the expenses of both sales, legal and incidental damages of both the Seller and Martino Realty and Auctioneers LLC. In addition, Martino Realty and Auctioneers LLC also reserves the right to recover any damages separately from the breach of the Buyer. Method of Payment: A non-refundable earnest money deposit in the amount of 10% of the purchase price will be required at the conclusion of the online auction, with the balance due in cash or cash equivalency the day of final closing. This non-refundable earnest money deposit will be held in escrow until closing, and that amount will then be credited to the Buyer as part of the purchase price of the property. Closing shall be within 30 days of the auction. Sale is not subject to financing. Buyer to have all financing prearranged prior to auction day. Buyer's Premium: A 10% Buyer's Premium will be charged to the Buyer and added to the winning bid. Thus, determining the final sale price of the real estate. Buyer's Premiums can be rolled into the mortgage amount. Taxes will be prorated to the day of final closing. Possession: Day of Closing Property Disclosure: Property is being sold as-is, where-is with no warranty being expressed or implied as to the physical condition, specific zoning or available permits by the Seller, Auction Company or its Agents. The buyer shall conduct his or her own investigation of the property and bid accordingly. Buyer should have inspections and appraisals completed prior to the sale. Open Houses: Saturday, January 4th from noon - 2 PM. EST or call Joe at 765-434-8598 to set up a private showing. Survey: Seller will not provide buyer with a survey. If the buyer or buyer's lender requires a survey, it will be at the sole cost of the buyer. Martino Realty and Auctioneers LLC is acting as the exclusive agent of the seller. Registrations are first come, first served. Agents, have your buyers registered at least 72 hours prior to the auction. Bidder Registration: Bidders must be 18 years of age or older, and are required to register for the auction. In registration, Bidder must submit information found to be current, complete, and accurate for proper identification. Auctioneer does not sell or rent this information. Auctioneer uses email mailing lists to notify customers about online and live auctions. Customers who do not wish to be notified should contact the office of the Auctioneer and request removal from the email mailing list. Bidder is responsible for security of his/her bidding number/user name and password, and any and all bids placed under the assigned number-ID. Auctioneer should be notified immediately if Bidder believes number and/or password have been compromised. Auctioneer reserves the right to terminate registration, deny any person for any reason permission or access to bid, to reject any and all bids, and to suspend or ban Bidder from bidding, at Auctioneers sole discretion. Bidder registration is not transferable or assignable. Online Bidding Information: Bidder acknowledges that hardware malfunctions, software malfunctions, viruses, and similar issues do occur and are beyond the knowledge, scope, and control of Auctioneer. We are NOT responsible for your system malfunctions, connection to the internet or your e-mail client stopping any of our e-mails to you regarding bid confirmations and or outbid notifications. Sales Tax: Sales tax will be charged and collected on all purchases, as required by appropriate state/local laws. If you are sales tax exempt, you will need to provide us the correct form. ST-105. Link Provided for you to Basic Auction Terms & Conditions Martino Realty & Auctioneers retains the right to govern goods and services sold to clients and to maintain the level and integrity of our business. Martino Realty & Auctioneers has the right to terminate the auction at any time; withdrawal from sale of any item; to sell at this auction items not listed; to group one of more lots into one or more selling lots or to subdivide into two lots or more selling lots. The auction company also reserves the right to sell all of the items listed in bulk. No Liability: a) Martino Realty & Auctioneers assumes no liability for your purchases. The buyer assumes and does agree to indemnify and hold the auction company and seller harmless from any future claim that shall pertain to fitness or use of the asset being purchased. b) Persons attending during exhibition, sale or removal of goods assume all risks of damage or loss to person and property and specifically release and indemnify the Auction Company from liability therefore. Neither the Auction Company nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. Any debt collection or dispute proceedings will be required to be litigated, arbitrated, or mediated in Howard County, Indiana. Consignors & Bidders: a) All consignors must fill out a contract with Martino Realty & Auctioneers, sign forms and abide by our terms listed. b) All bidders must register for bidder's numbers using proper ID or proper information. c) No consignor, seller, or agent for seller has the right to bid on their consigned goods. d) Any employee of Martino Realty & Auctioneers may bid at any auction if they wish to purchase an item. e) All items become the sole responsibility of the purchaser when the auctioneer confirms your bid as the successful winner. We are not responsible for lost or stolen items. Loss of Bidding Privileges: a) If you have failed to pay for an item, or failed to timely pick-up items, your bidding privileges will be revoked. Your privileges may be restored by paying for the item or repaying for the loss of the revenue due to the items not having been sold and by placing a credit card on permanent file whereby future purchases will automatically be charged. You will only be given this chance one time. Repeated tardiness, or nonpayment will result in permanent denied bidding privileges. Payment: Buyer specifically waives the right to dispute or deny payment for any purchases made with a credit card. The credit card on file will be charged for your total purchases including any buyer’s premium or stated additional fees after the auction closes. All denied transactions due to expiration date, non-sufficient funds, and or other reasons shall be subject to a $10 re-processing fee. You can update your credit card under "PROFILE" on the website dashboard. Credit card chargebacks are not allowed. You as the buyer are responsible for keeping your credit card on file and up to date. A paid invoice will be sent to your registered e-mail address within 12 hours following the conclusion of the auction. If you do not receive an invoice, please check the dashboard under "PROFILE"-"INVOICES" **Large ticket purchases over $1,000.00 or titled vehicles**, MUST be settled for with CASH, wire transfer or previous arrangements made with the Auction Company. No item will be released or transferred until payment has posted to our account. Use of Martino’s Photos and Descriptions: All photos, and descriptions are property of Christy’s of Indiana Inc. Any use of the photos, and/or description listed on christys.com and/or bid.christys.com are prohibited. Martino Realty & Auctioneers does not give any permission to use any of their photos, and/or description on any other site. Delinquent Accounts: a) The bidder that has not paid for or has not removed their items from the auction site, will be subject to the cost of storage, trucking, re-sale, deficiency balances, collection fees, and any legal fees for recouping a loss due to the bidder's negligence. Any unpaid invoices must be paid within 24 hours of the auction closing. After the 24-hour period your bidding privileges will be revoked permanently. Reserves: a) Any and all items that Martino Realty & Auctioneers agrees to sell are subject to a reserve as per Indiana State Auction Law. Documents: a) All documents must be completed in full by buyers and sellers. For Example: Death Certificates, Letters of Authority, Creditor Liens, and UCC's when purchasing vehicles, firearms, etc. b) All gun buyers will be required to fill out a 4473 form and pass a background check. Out of state buyers will be required to have any and all guns shipped to an FFL (Federal Firearms License) Dealer. Compliance with the Terms of Sale: a) In default of payment of bills in full within the time announced for this auction the Auction Company in addition to all other remedies allowed by law, may retain all monies received as deposit or otherwise, as liquidated damages. b) Martino Realty & Auctioneers is in complete accordance with Indiana statutes and Indiana Administrative codes, Title 25, Title 812, Department of Revenue Tax Bulletin #20, and Reference IC 6-2-4. Warranties: a) Everything is sold “AS IS/WHERE IS” with no warranties, representation or guarantees expressed, implied or otherwise given. All sales are final. Conditions of Items Sold: a) All information is believed to be accurate, but the auction company shall not be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowance will be made or sale set aside on account of any incorrectness, error in cataloging or any imperfection not noted. No deduction will be allowed on damaged articles as all goods being exposed for public exhibition are sold “as is” and without recourse. Martino Realty & Auctioneers requires any and all buyers to preview and make your own opinion of conditions. Thank You for participating in this auction.