We offer broker buyer referrals; however, all referrals must be registered with the auction company prior to bidding on the property. Contact our office for registration and details. By participating in this auction, you agree to the following terms: Property Address: 4245 2nd Ave N, Great Falls, MT 59405 Legal Description: MORNINGSIDE ADDITION, S09, T20 N, R04 E, BLOCK 011, Lot 014, LTS 14&15 While Auctioneer has endeavored to advertise and describe the property correctly, all property is sold "as is," and neither Auctioneer nor seller will be responsible for the description, authenticity, genuineness, provenance, or condition of the property. No statement contained in the advertisement, catalog or made orally at the sale or elsewhere shall be deemed to be such warranty or representative or an assumption of liability. All buyers should physically inspect the property prior to placing any bids. No bids can be withdrawn for any reason. The highest bidder acknowledged by the auctioneer shall be the purchaser. In the event of any dispute between bidders, the auctioneers shall have absolute discretion to either determine the successful bidder, in which event his determination shall be final, or to re-offer and resell the article in dispute. If any dispute arises after the sale, Auctioneer's sale record shall be conclusive as to who was the purchaser, the amount to the highest bid, and in all other respects. If the auctioneer, in his sole and final discretion, decides that any original bid, that any advance thereafter is not sufficient amount, he may reject the same. Reserve: This property will be sold subject to the owner's confirmation, meaning the owner can accept or reject the final bid, while the seller agrees to sell to the highest bidder at or above the contracted reserve. If the contracted reserve is met, current registered bidders will be notified that the reserve has been met and the property will sell to the highest bidder. Non-Contingent: Bidders understand that the property contract will not be contingent upon their ability to obtain financing, appraisal, inspection or any other reason. Bidders can have an inspection and appraisal done prior to auction and may use financing but must close in 30 days. Use the time prior to the auction to complete all due diligence. Upon becoming the high bidder, I understand that I will be required to sign a personal or certified check made for $10,000 as a nonrefundable deposit. I understand that the nonrefundable deposit would be forfeited if I failed to close on this property for any reason. Type of Auction: This is an online-only auction. If you wish to submit a bid in person, please call the office at (406) 259-4730 to arrange it. Bidder Registration: Before bidding on the property, bidders must register with the Auctioneer and submit a signed Bid Certification form. Bidder Deposit: To participate in the bidding process, all registered bidders are required to provide one of the following: a bank-certified letter of guarantee, proof of available funds, an official pre-approval letter, or other documentation authorizing them to bid. The auctioneer will have the final say on whether the provided documentation qualifies the bidder. ---------------------Alternatively, (In lieu of documentation) bidders may submit a $2,000 cash deposit, which will be returned within 48 hours of the auction's close. If a bidder is announced as the high bidder and fails to submit the $10,000 non-refundable deposit and sign the auction purchase agreement within 24 hours, the bidder's deposit will be forfeited. Buyer's Premium: A six percent (6%) buyer's premium will be added to the winning bid price to determine the total contract price. Auction Procedure & Ending: Beginning at the stated closing time, the auction software will conclude bidding for the auction lot with the following exception: if a bid is placed in the last 5 minutes remaining for that auction lot, bidding for that lot will remain open for an additional 5 minutes or until 5 minutes pass without a bid increase. Outbid Notification: Bidders will receive email notifications until the auction begins to close if they have been outbid. Auction Agreement of Purchase and Sale: The Purchaser shall execute an Auction Agreement of Purchase and Sale within 24 hours of being named the high bidder, in the form provided by the auctioneer, without modification and pay the balance in full within 30 days of auction close, after being declared the high bidder. Nonrefundable Deposit: A deposit of $10,000 is required when signing the purchase agreement, with the balance due at closing within 30 days after the auction. Escrow Agent: The non-refundable deposit and purchase monies will be handled by Chicago Title Company at 101 River Dr N Great Falls, MT 59401. Deed: At closing, Seller shall execute a Deed or Title sufficient to convey the real estate to Buyer or its nominee, in fee simple absolute, subject only to exceptions permitted herein, to be delivered to Buyer at the closing of this transaction upon Buyer's compliance with the terms of this Contract. Closing: The balance of the purchase price is due at or before closing, which must occur on or before 4:00 PM 30 days after the auction, scheduled and conducted by the Escrow Agent. Title: The seller will provide an Owner's Policy of Title Insurance and execute a Warranty Deed. Closing Costs: Seller and purchaser will each pay their respective escrow and closing fees, with other costs divided accordingly. Possession: Purchaser will receive possession at closing, subject to any existing rights of parties in possession. AS-IS Sale: With the exception of any warranties of title made to the buyer in the Deed, if any, the Property will be sold in its "AS IS, WHERE IS" condition without any representation or warranty of any kind, whether express or implied, on the part of Seller. Seller shall not be responsible for any claim or damage arising from a misrepresentation about the property made by Auctioneer, unless Auctioneer reasonably made the misrepresentation in reliance on Seller's written statement about the property. The purchaser shall have satisfied himself as to the location and condition of the property, and all descriptions thereof, before bidding. All information contained in the brochure and all promotional materials, including, but not limited to, square footages, acreage, dimensions, maps, taxes, etc., was derived from documents from seller and is believed to be correct; however, neither the seller nor the auctioneer makes any guarantee or warranty as to the accuracy or completeness of such information No New Survey: The existing legal description will be used for conveyance. Agency: National Auction and its representatives exclusively serve as auctioneers for the Seller, without any involvement in transactions with other parties. It is important to note that the Seller is conducting a sale by owner. Miscellaneous: All decisions of the auctioneer are final as to the methods of bidding, disputes among bidders, increments of bidding and any other matters that may arise before, during, or after the auction. Seller or Auctioneer reserves the right to deny any person the right to participate in the auction or to ban anyone from the auction who attempts to disrupt it. DEBT COLLECTION AND INTEREST CHARGE: The bidder agrees to pay all reasonable attorney fees and other costs incurred by National Auction, in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due National Auction Any debt collection or dispute proceedings will be heard in Yellowstone County, Montana. SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, National Auction, reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor NATIONAL AUCTION SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by National Auction Age Requirement: Bidders must be at least 18 years old. Pre-Auction Offers: Seller reserves the right to accept offers before the auction. Owner: Kevin Durocher LIABILITY: Preview of property at your own risk. National Auction nor any of its officers, employees, independent contractors, or clients, are responsible for injury or damage of any kind, to anything or anyone, while previewing, bidding, or conducting business. You agree to hold National Auction and its agents or clients harmless regardless of opinion and condition of property location. PRIVACY: We respect your privacy and that of our clients, both buyers and sellers. We will not release your information to anyone without your permission. You agree to give National Auction permission to email you promotional materials for future auction events. You can change this preference at any time. OTHER: The lift and cars in the back shop are not included in the auction and will be removed by the owner prior to closing.