Auctioneer Superior Auction & Appraisal LLC
Date(s) 9/26/2017
Live Auction Will Be Held On Tuesday September 26th. Registration Will Be At 4:30 PM CDT. Live Auction Will Begin At 4:45PM CDT.
Location 839 10th Avenue
Menominee, MI 49858
Buyer Premium A Buyer's Premium may be added to this bid if it is successful.
This County Land Tax Auction Presents The Property At 2108 13th Ave In Menominee, MI!
Auction Terms & Conditions MENOMINEE COUNTY PUBLIC LAND AUCTION OFFICE OF COUNTY TREASURER DIANE LESPERANCE, TREASURER 839 10TH AVE MENOMINEE, MI 49858 906-863-5548 This sale will be held pursuant to the provisions of Section 211.78m of Public Act 123 of 1999 as amended. Bids are not accepted in any form prior to the public auction. Items listed herein are subject to change without notice. Dates of Sales: July 18, 2017 Bidder Registration at 4:30 p.m. Auction Starts at 4:45 p.m. The following sales will only be held if properties are not sold at previous sale: September Sale - TBA November Sale - TBA ALL SALES TO BE HELD AT THE MENOMINEE COUNTY COURTHOUSE 839 10TH AVENUE MENOMINEE, MICHIGAN *Subject to Change THE FOLLOWING RULES AND REGULATIONS ARE SUBJECT TO CHANGE AT ANY TIME. RULES AND REGULATIONS REGISTRATION - Registration will start 15 minutes before sale on each sale day. No bids will be accepted unless the bidder has registered and received a pre-numbered bid card. Driver’s license or other proof of identity will be required to register. Driver’s license or state I.D. must be presented in order to receive a bidder number. All sales will begin at the scheduled time. PROPERTIES OFFERED - The attached list of County Treasurer owned properties being offered, identified by sale unit numbers, have been approved for sale at public auction by the County Treasurer. According to state statutes, ALL PRIOR liens, encumbrances and taxes ARE CANCELED by Circuit Court Order. These properties are subject to any state, county or local zoning or building ordinances. The County Treasurer does not guarantee the usability or access to any of these lands. IT IS THE RESPONSIBILITY OF PROSPECTIVE PURCHASERS TO DO THEIR OWN RESEARCH AS TO THE USE OF THE LAND FOR THEIR INTENDED PURPOSE AND TO MAKE A PERSONAL INSPECTION OF THE PROPERTY ON THE GROUND TO DETERMINE IF IT WILL BE SUITABLE FOR THE PURPOSES FOR WHICH IT IS BEING PURCHASED. THE COUNTY TREASURER MAKES NEITHER REPRESENTATIONS NOR CLAIMS AS TO FITNESS FOR PURPOSE, INGRESS/EGRESS, CONDITIONS, COVENANTS, OR RESTRICTIONS. OCCUPIED STRUCTURES MAY NOT BE ENTERED WITHOUT THE TENANT’S PERMISSION. SECURED VACANT STRUCTURES MAY NOT BE ENTERED. All offered properties may be subject to flooding. Any new construction or reconstruction should be elevated above the 100-year flood plain. Also, any filling, dredging or other permanent construction below the ordinary high-water mark of the water body involved may be subject to the provisions of 1972 Public Act 346. Any earth change on the property may be subject to the provisions of 1972 Public Act 347. These properties may also be subject to the Goemaere-Anderson Wetland Protection Act, Public Act 203. MINIMUM BID PRICE - The minimum bid prices are shown on the list. No July and September sales can be made for less than the minimum bid price indicated. There is no minimum bid price for the November sale. There will be a minimal cost for deed preparation and other costs for the November sale. BIDDING - Any registered person may bid on the properties offered. Any person unable to attend the sale can be represented at the sale by an agent or other representative with authority to bid and otherwise represent the person. The registered bidder is legally and financially responsible for all parcels bid upon whether representing ones self or acting as an agent. Each sale will be awarded to the individual bidding the highest amount bid, equal to or greater than the minimum bid for the July and September sales. The November sales will be awarded to the individual bidding the highest amount. An oral bid accepted at public auction is a legal and binding contract to purchase. No sealed bids will be accepted and the County Treasurer reserves the right to reject any or all bids. TERMS OF SALE - The Purchase price consists of bid price. FOR THE JULY AND SEPTEMBER SALES, THE PURCHASER MUST PAY TWENTY (20)% OF THE PURCHASE PRICE THE DAY OF SALE. THE REMAINDER OF THE PURCHASE PRICE MUST BE PAID WITHIN TWENTY-ONE (21) DAYS OF DAY OF SALE. THE 20% DOWN PAYMENT WILL BE FORFEITED IF BALANCE IS NOT PAID 21 DAYS FROM SALE. Cash, bank cashiers check, bank official checks, personal checks, and business checks will be accepted. Credit/Debit card payments will also be accepted but will be charged a service fee. FOR THE NOVEMBER SALE, THE TOTAL PURCHASE PRICE MUST BE PAID THE DAY OF SALE. ONLY CASH, BANK CASHIERS CHECK OR BANK OFFICIAL CHECKS WILL BE ACCEPTED. CREDIT/DEBIT CARD PAYMENTS WILL ALSO BE ACCEPTED BUT WILL BE CHARGED A SERVICE FEE. All monies paid and all properties bid upon will be forfeited if the purchaser fails to consummate any part of any purchase on any day of the auction. THE COUNTY TREASURER MAY PROSECUTE ANY PURCHASER WHO FAILS TO CONSUMMATE A PURCHASE. ANY BIDDER WHO FAILS TO CONSUMMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE LAND AUCTIONS. Checks are to be made payable to the Menominee County Treasurer. The County shall cancel a sale if unpaid property taxes owed on a parcel or parcels at the time of a sale are not paid within 21 days of the sale. If a sale is canceled under this subsection, the County may offer the property to the next highest bidder and convey the property to that bidder under this subsection, subject to the requirements of this subsection for the highest bidder. Before issuing a deed to a person purchasing property under this subsection or subsection (5), the foreclosing governmental unit shall require the person to execute and file with the foreclosing governmental unit an affidavit under penalty of perjury. If the person fails to execute and file the affidavit required by this subsection by the date payment for the property is required under this section, the foreclosing governmental unit shall cancel the sale. An affidavit under this section shall indicate that the person meets all of the following conditions: (a) The person does not directly or indirectly hold more than a de minimis legal interest in any property with delinquent property taxes located in the same county as the property. (b) The person is not directly or indirectly responsible for any unpaid civil fines for a violation of an ordinance authorized by section 4l of the home rule city act, 1909 PA 279, MCL 117.4l, in the local tax collection unit in which the property is located. A person convicted for executing a false affidavit under subsection (5) shall be prohibited from bidding for a property or purchasing a property at any sale under this section. NO PURCHASES WILL BE MADE ON A TIME PAYMENT PLAN. THE COUNTY TREASURER RESERVES THE RIGHT TO CANCEL ANY SALE, AT ANY TIME Any announcements made by the auctioneer or County Treasurer on the day of sale take precedence over any previously published or verbally conveyed terms and conditions. Bidders must be attentive at the sale. PURCHASE RECEIPTS - Successful bidders at the sale will be issued a receipt for their purchases upon payment. Purchasers will be entitled to deeds for the property descriptions identified by the assigned sale unit numbers noted on the receipts. TITLE BEING CONVEYED -Quit-claim deeds will be issued conveying only such title as received by the County Treasurer through tax foreclosure. Title insurance companies may or may not issue title insurance on the properties purchased at this sale. The County Treasurer makes no representation as to the availability of title insurance and the UNAVAILABILITY OF TITLE INSURANCE IS NOT A GROUNDS FOR RECONVEYANCE TO THE COUNTY TREASURER. THE PURCHASER MAY INCUR LEGAL COSTS FOR QUIET TITLE ACTION TO SATISFY THE REQUIREMENTS OF TITLE INSURANCE COMPANIES IN ORDER TO OBTAIN TITLE INSURANCE. SPECIAL ASSESSMENTS/CHARGES - Special assessments/charges through tax year 2015 are included in the minimum bids. All bidders should contact city or township offices to determine if there are any outstanding bonded assessments for future tax years on the properties being offered. POSSESSION OF PROPERTY - We recommend that no purchaser takes physical possession of any property bid upon at this sale until a deed has been executed and delivered to the purchaser. No activities should be conducted on the site other than a baseline environmental assessment to the contaminated properties. HOWEVER, STEPS SHOULD BE TAKEN TO PROTECT YOUR EQUITY IN THIS PROPERTY BY SECURING VACANT STRUCTURES AGAINST ENTRY AND OBTAINING (HOMEOWNERS) INSURANCE FOR OCCUPIED PROPERTY. ADDITIONALLY, BUYERS ARE RESPONSIBLE FOR CONTACTING LOCAL UNITS OF GOVERNMENT TO PREVENT POSSIBLE DEMOLITION OF STRUCTURES SITUATED ON PARCELS. CONDITIONS - The purchaser accepts the premises in its present “as is” condition, and releases the County Treasurer and employees and agents from all liability whatsoever arising from any condition of the premises, whether now known or subsequently discovered, including but not limited to all claims based on environmental contamination of the premises. A person who acquires property that is contaminated (a “facility” pursuant to Section 20201 (1) (1) of the Natural Resources and Environmental Act (NREPA), 1994, P.A. 451, as amended) as a result of release(s) of a hazardous substance(s) may become liable for all costs of cleaning up the property and any other properties impacted by the release(s). Liability may be imposed upon the person acquiring the property even in the absence of any personal responsibility for, or knowledge of, the release. Protection from such liability may be obtained by conducting a Baseline Environmental Assessment (BEA) as provided for under Section 20126(1) (c) of NREPA. However, the BEA must be conducted prior to or within 45 days of the earliest date of purchase or occupancy of the property. Persons who acquire contaminated property may have “due care” obligations under Section 20107a of NREPA even if they conduct a BEA and are not liable for the contamination. Pursuant to Part 201 of the NREPA, the person(s) responsible for an activity causing a release at the property is obligated to pursue response activities at the property. Consequently, the non-liable purchaser may be required to provide access to the liable party to conduct response activities at the property in the future. Section 20116 of the NREPA requires that a person who has knowledge that their property is contaminated provide a written notice to the purchaser or other person to which the property is transferred which discloses the general nature and extent of the release. Additional disclosure obligations may also apply at the time the property, or an interest in the property, is transferred. Accordingly, the County Treasurer recommends that a person who is interested in acquiring surplus County property contact an attorney or an environmental consultant for advice prior to the acquisition of any surplus County property that may be contaminated. DEEDS - Deeds will be executed and delivered to the successful purchaser after they are recorded by the County Treasurer. 2017 TAXES - Purchaser will be responsible for all 2017 taxes. You will need to obtain a copy of the bills from the local unit treasurer. Before the foreclosing governmental unit conveys a parcel sold at a sale, the purchaser shall provide the foreclosing governmental unit with proof of payment to the local tax collecting unit in which the property is located of any property taxes owed on the parcel at the time of the sale. LAND SALE POSTINGS - Posted land sale notices are posted based on the estimated location of the sale property. The potential purchaser should research the property’s location per the legal description. MENOMINEE COUNTY LAND AUCTION SALE NO. LEGAL DESCRIPTION MINIMUM BID 1 55-051-000-610-00 $4,363.68 811 6TH STREET N LUDINGTON CO’S 1ST ADDN S ½ OF LOT 1 BLK 12 2 55-051-001-130-00 $3,176.79 312 4TH PLACE LUDINGTON & CARPENTERS 1ST ADD & SUBD OF PRTS OF BLKS 8, 14, 15 PRT OF LOTS 1-2 & 3 BLK 8 BEG AT SE COR OF LOT 1 TH NWLY ON E LN OF LOT 1 62’ TH SWLY TO THE E LN OF LOT 3 AT A PT 28.49’ N OF THE SW COR OF SD LOT 3 TH E ALG THE S LN OF LOTS 3, 2 & 1 TO POB. 3 55-051-001-510-00 $2,295.15 339 4TH PLACE LUDINGTON & CARPENTERS 1ST ADD & SUBD OF PRTS OF BLKS 8, 14, 15 TH E 24’ OF W 41’ OF N 80’ OF LOT 26 BLK 8 4 55-051-011-440-00 $8,890.55 1809 14TH AVE W.G. BOSWELLS ADD LOT 3 BLK 1 5 55-051-011-750-00 $4,189.16 2108 13TH AVE W.G. BOSWELLS ADD LOT 8 BLK 4 6 55-051-015-390-00 $4,352.58 1201 15TH STREET STEPHENSONS COMPLETE ADD LOT 4 BLK 7 7 55-051-019-580-00 $15,946.84 1814 7TH ST SAWYER & WAITES 1ST ADD LOTS 12 & 13 BLK 1 & LOT 14 EXC S 24.1’ OF W ½ OF SAID LOT 14 BLK 1 OF HALLS ADD ABOVE PROPERTIES ARE SUBJECT TO CHANGE DUE TO STATE AND LOCAL UNITS’ FIRST RIGHT TO PURCHASE. MINIMUM BID AMOUNTS MAY CHANGE DUE TO MAINTENANCE COSTS ACCRUED PRIOR TO SALE DATE. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.