AUCTION INFORMATION PACKAGE

Transcription

1 AUCTION INFORMATION PACKAGE

2 Dear Prospective Bidder : Sullivan & Sullivan Auctioneers, LLC and the Town of Hudson, MA want to thank you for your interest in our upcoming Tax Possession Auction of real estate on Thursday November 9, 2017 at 12:00 Noon. Per order of the Town of Hudson, the properties are being sold at Public Auction to the highest bidder subject to confirmation by the town. The town has set low minimum bids with the expectation that everything will sell! The high bidder is NOT responsible for back taxes owed to the Town of Hudson, MA. This auction is a unique venue that presents an ideal opportunity to purchase a piece of real estate at a realistic price in an exciting atmosphere. This Auction Information Packet contains essential auction highlights and information to help assist you in your evaluation of each property. Please remember, you are buying the property as is and with no warranty or representation. The information we are supplying to you is for informational purposes only. A sample copy of the Purchase & Sale Agreement is included in this package for your review prior to the auction. This will be signed by the successful high bidder upon confirmation of sale. For further information please visit us at or contact us at Good luck at the auction! Sincerely, Sullivan & Sullivan Auction Team

3 TABLE OF CONTENTS Disclaimer & Info Regarding Contract of Sale (P&S Agreement) 4 Auction Advertisement 5 Valuable Information & Terms of Sale 6 Detailed Property Information 8 C1 325 Central Street (Parcel 16-1) 9 C2 331 Central Street (Parcel 16-4) 14 Auction Notice and Terms & Conditions 18 Sample Memorandum of Sale (P & S Agreement) 27

4 DISCLAIMER & ADDITIONAL INFORMATION DISCLAIMER: All information contained within this package was derived from sources believed to be reliable. Information contained on the website, this information package or auction flyers does not constitute a representation, warranty or guarantee of any kind by the Auctioneer and/or the Seller and/or their Attorneys, Agents or Employees of the exactness, accuracy or completeness of any information herein. The Auctioneer and/or the Seller and/or their Attorneys, Agents or Employees expressly disclaim any responsibility or accountability thereof. The Auctioneer and/or the Mortgagee and/or their Attorneys, Agents or Employees shall have no liability whatsoever for any loss, cost or damage arising there from. Prospective buyers should rely solely on their own due diligence, inspection, consciousness and judgment. Announcements made on the auction block shall take precedence and supersede any previously printed material or any other oral statements made by any of the previously mentioned parties herein. Prospective bidders are encouraged to evaluate & perform their own due diligence. Bidders must rely on their own research & judgment. Auctioneer reserves the right to group, delete, withdraw, to sell out of scheduled sequence, and to accept or reject any or all bids. Bidding increments shall be at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time. CONTRACT OF SALE (PURCHASE & SALE AGREEMENT: A sample copy of the memorandum of sale (P&S agreement) is included for your review prior to the auction. At the auction, the final copy will be provided to all qualified bidders. This will be signed by the successful high bidder upon confirmation of sale.

5 OPEN HOUSE SAT AM-1PM FRI 9/22 10AM-11AM 292 Deerfield St 5 Barber Ave 425 Country Club Rd

6 VALUABLE INFORMATION & TERMS OF SALE AUCTION DATE: AUCTION LOCATION: TYPE OF SALE: SELLER: Thurday, November 9, 2017 AT 12:00 pm Registration will begin at 11:00 am HUDSON TOWN HALL - 2 ND FLOOR AUDITORIUM 78 MAIN ST HUDSON, MA Town of Hudson - Tax Possession Auction The properties are being sold and delivered to the BUYER in an AS IS condition without any representations or warranty of any kind or nature. Town of Hudson, MA AUCTION TERMS OF SALE Registering to Bid: In order to register as a bidder and bid at the auction on November 9, 2017, one must be present with a deposit check of $5,000 PER PROPERTY. The deposit must be in the form of certified check, money order or bank check. NO PERSONAL CHECKS WILL BE ACCEPTED. The remainder of the purchase price must be paid in 30 days or sooner by certified check, money order, bank check or attorney IOLTA check. Sample check below: PLEASE MAKE CHECKS PAYABLE TO TOWN OF HUDSON, MA or PAYABLE TO THE PERSON ATTENDING & BIDDING AT THE AUCTION. If you are declared the winning high bidder, you will be instructed to endorse your check to the Town of Hudson. National Bank Of Wherever PAY FIVE THOUSAND DOLLARS AND NO CENTS November 9, 2017 Check # xxxx ****** $5, Town of Hudson, MA

7 VALUABLE INFORMATION & TERMS OF SALE Winning Bidders: Winning bidders will be required to sign documentation following the auction. Terms & Conditions for the auction are very detailed and specific. Complete terms & conditions of the auction can be downloaded from our website: Sullivan-Auctioneers.com. Please be sure to read them in the entirety. You will have an opportunity to ask questions prior to the auction on November 9, We encourage all bidders to perform their own due diligence prior to attending and bidding at the auction. All properties will be sold as is. We make no representations, warranties, or guarantees as to the accuracy of the information provided and urge all bidders to rely entirely on their own inspection and investigation of the premises. Other terms, to be announced at the sale. All sales are subject to confirmation by the Seller. Auctioneer s Note: Announcements made on the auction block will take precedence over any previously written or published content. Bidding increments shall be at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the bidding and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw the auction at any time. Memorandum of Sale (Purchase & Sale Agreement): A sample copy of the memorandum of sale (P&S agreement) is available for your review prior to the auction. The terms & conditions of the auction will be available for review as well. Please download from our website or call our office to request a copy be sent to you. At the auction, the final copy of all documents will be provided to all qualified bidders. Buyer s Premium: There will be a Buyer s Premium of 4.5% added to the high bid of each property. The high bid amount plus the 4.5% Buyer s Premium shall constitute the Total Sale Price. The Total Sale Price is the total due from the buyer and is the amount that will be represented on the Purchase & Sale Agreement.

8 DETAILED PROPERTY INFORMATION

9 AUCTION ID: C1 325 CENTRAL STREET 325 Central Street (Parcel ID: 16-1) 36,000± SF Lot Zoned LC1 378± Feet Frontage Parcel meets minimum zoning requirements for this District.

10 FromiTown Of Hudson /27/ :05 #920 P.002/002 TOWN OF HUDSON BUILDING DEPARTMENT TOWN HALL HUDSON, MASSACHUSETTS September 26, 2017 Town Counsel RE: 325 Central Street Plate 16- Parcel 1 The above mentioned property is in the LCI District. The Zoning Dimensional requirements are 150 feet of frontage and 30,000 square feet of area. This parcel has 378 square feet of frontage and 36,155 square feet of area. Therefore, it is my opinion that this parcel meets the Zoning requirements for this District, There appears to be wetlands on this property. Any construction activity must obtain approval from the Conservation Committee prior to commencing. Any commercial building will also need the approval of Site Plan review and the Planning Board.

11 325 CENTRAL ST Location 325 CENTRAL ST Mblu 16/ / 1/ / Acct# Owner LIVELY PATRICIA J Assessment $107,600 Appraisal $107,600 PID 1225 Building Count 1 Current Value Appraisal Valuation Year Improvements Land Total 2017 $0 $107,600 $107,600 Assessment Valuation Year Improvements Land Total 2017 $0 $107,600 $107,600 Owner of Record Owner Co-Owner LIVELY PATRICIA J Address LAZY PALMS RANCH RR3 BOX 112-B EDINBURGH, TX Sale Price $0 Certificate Book & Page 99246/ 0 Sale Date 12/20/1976 Instrument 1N Ownership History Ownership History Owner Sale Price Certificate Book & Page Instrument Sale Date LIVELY PATRICIA J $ / 0 1N 12/20/1976 T LIVELY $ / 0 1N 05/09/1976 L LIVELY $ / 0 1N 06/27/1962 E LIVELY $ / /12/1944 COURTEMANCHE PHILOMENA M $0 P /08/1939 Building Information Building 1 : Section 1 Year Built: Living Area: 0 Replacement Cost: $0

12 Building Percent Good: Replacement Cost Less Depreciation: $0 Building Attributes Building Photo Field Description Style Vacant Land Model Grade: Stories: Occupancy Exterior Wall 1 Exterior Wall 2 Roof Structure: ( Building Layout Roof Cover Interior Wall 1 Interior Wall 2 Interior Flr 1 Interior Flr 2 Heat Fuel Heat Type: AC Type: Total Bedrooms: Total Bthrms: Total Half Baths: Total Xtra Fixtrs: Total Rooms: Bath Style: Kitchen Style: Building Sub-Areas (sq ft) No Data for Building Sub-Areas Legend Extra Features Extra Features Legend No Data for Extra Features Land Land Use Use Code 1300 Description RES ACLNDV Zone LCI1 Neighborhood 300 Alt Land Appr No Land Line Valuation Size (Acres) 0.83 Frontage 378 Depth 0 Assessed Value $107,600 Appraised Value $107,600

13 Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Appraisal Valuation Year Improvements Land Total 2016 $0 $107,600 $107, $0 $107,600 $107, $0 $94,700 $94,700 Assessment Valuation Year Improvements Land Total 2016 $0 $107,600 $107, $0 $107,600 $107, $0 $94,700 $94,700 (c) 2016 Vision Government Solutions, Inc. All rights reserved.

14 AUCTION ID: C2 331 CENTRAL STREET 331 Central Street (Parcel ID: 16-4) Single Family Home 728± SF Living Space 27,819± SF Lot 4 Rooms 2 Bedrooms 1 Bath

15 331 CENTRAL ST Location 331 CENTRAL ST Mblu 16/ / 4/ / Acct# Owner MARTIN WALTER L JR Assessment $214,600 Appraisal $214,600 PID 1228 Building Count 1 Current Value Appraisal Valuation Year Improvements Land Total 2017 $92,500 $122,100 $214,600 Assessment Valuation Year Improvements Land Total 2017 $92,500 $122,100 $214,600 Owner of Record Owner Co-Owner Address MARTIN WALTER L JR DIANE M MARTIN 331 CENTRAL ST HUDSON, MA Sale Price $1 Certificate Book & Page 21527/ 551 Sale Date 11/08/1991 Instrument 1A Ownership History Ownership History Owner Sale Price Certificate Book & Page Instrument Sale Date MARTIN WALTER L JR $ / 551 1A 11/08/1991 MARTIN WALTER L $0 9457/ /14/1959 BLOOD SIXTEN D $0 8381/ /04/1954 RAY WALTER I $0 8077/ /09/1953 RAY HARRY I $0 7364/ /31/1948 Building Information Building 1 : Section 1 Year Built: 1955 Living Area: 728 Replacement Cost: $153,204

16 Building Percent Good: 60 Replacement Cost Less Depreciation: $91,900 Building Attributes Building Photo Field Description Style Model Grade: Stories: Ranch Residential Average 1 Story Occupancy 1 Exterior Wall 1 Average Exterior Wall 2 Roof Structure: Roof Cover Interior Wall 1 Interior Wall 2 Interior Flr 1 Interior Flr 2 Heat Fuel Heat Type: AC Type: Total Bedrooms: Gable/Hip Asph/F Gls/Cmp Plastered Average Oil HW/Steam None 2 Bedrooms ( Building Layout Total Bthrms: 1 Total Half Baths: 0 Total Xtra Fixtrs: Total Rooms: 4 Code Building Sub-Areas (sq ft) Gross Description Area Legend Living Area Bath Style: Kitchen Style: Average Average BAS First Floor UBM Basement, Unfinished , Extra Features Extra Features Legend No Data for Extra Features Land Land Use Use Code 1010 Description Single Fam MDL-01 Zone M1 Land Line Valuation Size (Acres) 0.64 Frontage 165 Depth 0

17 Neighborhood 300 Alt Land Appr No Category Assessed Value $122,100 Appraised Value $122,100 Outbuildings Outbuildings Legend Code Description Sub Code Sub Description Size Value Bldg # SHD1 SHED FRAME 96 S.F. $600 1 Valuation History Appraisal Valuation Year Improvements Land Total 2016 $82,500 $122,100 $204, $66,600 $122,100 $188, $72,800 $107,400 $180,200 Assessment Valuation Year Improvements Land Total 2016 $82,500 $122,100 $204, $66,600 $122,100 $188, $72,800 $107,400 $180,200 (c) 2016 Vision Government Solutions, Inc. All rights reserved.

18 AUCTION NOTICE AND TERMS & CONDITIONS

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27 SAMPLE CONTRACT OF SALE (PURCHASE & SALE AGREEMENT)

28 MEMORANDUM OF SALE AT PUBLIC AUCTION PROPERTY ADDRESS: 325 Central Street - Hudson, Massachusetts Date of Contract: 1. This Memorandum of Sale at Public Auction is being made on: Thursday, November 9, BUYER/SELLER: 2. The BUYER, having an address of hereby acknowledges that he/she/they purchased said property at Public Auction, subject to the terms and conditions hereinafter set forth in this Memorandum of Sale from the SELLER, Town of Hudson, Massachusetts, a municipal corporation having an address of 78 Main Street, Hudson, Massachusetts by its duly authorized Tax Collector. Property Address: 3. The property is known and numbered as Central Street, Hudson, Massachusetts, Deed: Said premises shall be conveyed pursuant to Massachusetts General Laws Chapter 60, Section 77B, by Treasurer s Deed to the BUYER or to the nominee designated by the BUYER in consideration for payment of: PURCHASE PRICE: $ 4.5% BUYER S PREMIUM: $ PROCESSING FEES: DEED RECORDING FEE: PRO FORMA TAXES: PURSUANT TO M.G.L. C. 44, 63A SUB-TOTAL $ $ $ $ LESS DEPOSIT $ Page 1 of 6

29 TOTAL DUE AT CLOSING $ Recording Fees: 5. BUYER shall pay all costs and/or recording fees(s) of any documents required or needed to complete this transaction. Purchase Price and Balance Due: 6. The agreed purchase price for said premises is $, of which Five Thousand and no/100 ($5,000.00) Dollars has been paid as a deposit on this day. The balance of the purchase price and all other fees due and payable under this Memorandum of Sale shall be paid at the time of delivery of the deed by Attorney IOLTA check, certified funds or cashier check. The successful bidder s deposit will be held by the Town as a nonrefundable deposit which shall be forfeited to the Town as liquidated damages in the event the high bidder fails to comply with the terms and conditions of the sale and is in default thereof. Time for Performance: 7. Said deed is to be delivered on the thirtieth (30 th ) day following the date of this Agreement (or if on that day the Middlesex County Registry of Deeds is not open for business, then on the next day following said thirty days when said Registry is so open), or earlier if the parties so agree. The parties agree that time is of the essence. BUYER(s) Default: 8. If BUYER shall fail to fulfill BUYER S AGREEMENTS herein, all deposits made hereunder by the BUYER shall be retained by the SELLER as liquidated damages and this shall be the SELLER S sole and exclusive remedy at law or in equity for any default by the BUYER under this AGREEMENT, The BUYER and SELLER hereby further agree that (a) anticipated damages from a default by the BUYER are uncertain in amount and difficult to prove, (b) the parties wish to liquidate damages in advance and (c) the amount of the deposit bears a reasonable relationship to the damages that the SELLER would suffer. Page 2 of 6

30 Material Defect: 9. If a material defect in the Land Court Judgment in Tax Lien Case shall be claimed by the BUYER, the BUYER shall notify the SELLER thereof in writing at least twenty-one (21) days prior to the date for delivery of the deed stated above and the SELLER shall be entitled to elect to either terminate this agreement or perfect said title. If the SELLER elects to perfect title but is unable to clear the record title or to make conveyance as above stipulated, the deposit made hereunder shall be refunded to the BUYER and all obligations of all of the parties hereto shall cease and be null and void. BUYER Acknowledgement: 10. The BUYER acknowledges and agrees that: (a.) He/she/they has/have not been unduly influenced to enter into this transaction nor has the BUYER relied upon any warranties or representations expressed or implied not set forth in this Memorandum of Sale. The BUYER specifically acknowledges that the SELLER, its agents and/or employees, and AUCTIONEERS have not made any representations regarding the subject property in relation to licenses, permits and approvals or as to the development potential of the subject property; and Condition of Premises: 11. The premises are sold and conveyed in an AS IS WHERE IS condition. SELLER makes no warranties or representations with respect to the property, including but not limited to: condition of the premises and/or building(s); potential use of lot; habitability; and/or conformity with applicable state and/or local building, zoning, environmental and/or health codes. Due Diligence: 12. By signing this MEMORANDUM OF SALE, the BUYER acknowledges and understands that the marketing materials used by the SELLER and/or the AUCTIONEERS are offered for informational purposes only. The BUYER acknowledges that he/she/they have made such inspection of the premises as circumstances permit and have used his/her/their own due diligence in determining the condition thereof. Page 3 of 6

31 (a.) Information contained within the marketing materials was derived from sources believed to be reliable, but nothing contained in the package constitutes a representation or warranty of any kind by the AUCTIONEER and/or SELLER of the accuracy or completeness of any information therein and the AUCTIONEER and SELLER expressly disclaim any responsibility therefore. The AUCTIONEER and SELLER shall have no liability whatsoever of any loss, cost or damage arising there from. Prospective BUYERs should rely entirely on their own due diligence, inspection and judgment. Announcements from the auction block shall take precedence over any previously printed material or any other oral statements made. (b.) BUYER hereby acknowledges that the property is sold subject to any applicable Title V laws. SELLER has not inspected the septic/disposal system (if any), and does not make any representations as to the condition of same. BUYER agrees to immediately schedule an inspection of the system and acknowledges that he/she/they are responsible for any upgrade requirements or repairs. (c.) BUYER further acknowledges that the property is sold subject to the provisions of any and all applicable statutes. Risk of Loss 13. The BUYER acknowledges that, from and after this date, he or she shall have the sole risk of loss and the SELLER shall have no responsibility for maintaining insurance on the premises. In the event that the premises is damaged by fire or other casualty from or after this date, the BUYER shall remain obligated to consummate the sale without any reduction in the purchase price, and upon consummation of such sale, the SELLER shall pay over or assign to the BUYER any amounts recovered or recoverable if and to the extent any such damage by fire or other casualty was insured against, less any amounts reasonably expended by the SELLER in order to obtain such recovery. Contingencies: 14. This sale is not contingent on financing, a home inspection, Title 5 inspection, smoke/carbon monoxide certificate, or any other event, occurrence or inspection. Execution of Documents: 15. The BUYER agrees to execute the following documents: Page 4 of 6

32 (a.) Pursuant to Massachusetts General Laws Chapter 7 Section 40J, a statement disclosing whether or not he/she/they hold(s) an elected public office in the Commonwealth and whether or not he/she/they is/are an employee of the Division of Capital Asset Management and Maintenance; (b.) Pursuant to Massachusetts General Laws Chapter 60 Section 77B, an affidavit stating that he/she/they has/have never been convicted of the crime of arson or of aiding in the commission of the crime of arson or the fraudulent filing of a claim for fire insurance; and (c.) Pursuant to Massachusetts General Laws, Chapter 60 Section 77B, an affidavit stating that he/she/they is/are not delinquent in the payment of real estate taxes to the Town of Hudson. Hazardous Material: 16. The SELLER makes no warranties or representations of any kind regarding the existence and/or absence of any hazardous material, including but not limited to lead paint, asbestos, UFFI, Radon Gas, Chlordane, mold and/or underground storage tanks, in or on the premises, which materials, if any, may be subject to the provisions of Massachusetts General Laws, Chapter 21E or Massachusetts General Laws, Chapter 111 Section and/or any regulations promulgated there under. Acceptance of the Deed: 17. The acceptance of the deed by the BUYER shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed of SELLER. Contract Acknowledgement & Acceptance: 18. This MEMORANDUM OF SALE, executed in triplicate, to be construed as a Massachusetts contract to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators, successors and assigns, and may be canceled, modified or amended only be a written instrument executed by the SELLER and BUYER. If two or more persons are named herein as BUYER, their obligations hereunder shall be joint and several. The BUYER and SELLER do hereby acknowledge that they have read the foregoing and understand and agree to the terms and conditions as set forth herein and they further acknowledge receipt of a copy of this Agreement. Page 5 of 6

33 BUYER: SELLER: Dianne Cush, Treasure/Tax Collector PRINT NAME Town of Hudson 78 Main Street ADDRESS: Hudson, Massachusetts CITY/STATE: PHONE: SIGNATURE SIGNATURE BUYER: AUCTIONEER: Marianne F. Sullivan, Auctioneer MA License #107 PRINT NAME Sullivan & Sullivan Auctioneers, LLC 148 Route 6A Sandwich, MA ADDRESS: Phone: (617) CITY/STATE: PHONE: SIGNATURE SIGNATURE WITNESS: SIGNATURE Please contact the Town s attorney to arrange for your closing: Aldo A. Cipriano, Esq. Town Counsel, Town of Hudson 277 Main Street - Marlborough, MA Tel. (508) Fax (508) AldoC.Esq@comcast.net Page 6 of 6