2.41 +/- Acres, 90' Scale

 

ONLINE REAL ESTATE SALE
TERMS AND CONDITIONS
June 22, 2021 through June 30, 2021

1. CONDITIONS OF SALE: The terms and conditions for this sale are set forth in the Purchase and Sale Agreements which will be executed by successful bidders following the auction. Copies of the Purchase and Sale Agreements are available for inspection prior to this event by contacting Booker Auction Company (referred herein to as Auctioneer and Booker Auction Company (referred herein to as Broker).

2. AUCTION PROCEDURE: These properties, owned by G&O Johnson, LLC (referred herein to as Seller), will be offered in three auction Tracts individually and/or combined in such a style that all bids remain open until the online auction closes. The auctioneer shall determine the bid increments, which may be changed during the auction at hes/her discretion. The selling price shall be determined by competitive bidding during the online auction. A 5% BUYER’S PREMIUM WILL BE ADDED TO THE HIGH BID(S) TO DETERMINE THE TOTAL CONTRACT SELLING PRICE. Should any dispute arise between bidders, the Auctioneer shall have the right to make the final decision to either determine the successful bidders or to re-sell the property that is in dispute. The auction will be recorded and if any dispute arises following the auction, the Auctioneer's sales records shall be conclusive in all respects. The Auctioneer and/or Broker reserve the right to refuse participation from the auction process for interference with auction activities, nuisance, canvassing, or any other reason. The Auctioneer may reject the bid from any bidder deemed unqualified to bid.

3. BIDDER REGISTRATION: ALL BIDDERS, prior to receiving a bid number, must provide sufficient evidence to the Broker that they have adequate funds and/or financing to close on the offered property. Bidders must register their name, address, and telephone number and contact information online. Bidders will be required to secure a $30,000 bidder deposit, per tract, for Lots 1 & 2, a $5,000 bidder deposit for Lot 3, in cashiers check(s) made payable to Steven H Sackmann Trust. A photo of said bidder deposit checks can be emailed to tiffani@bookerauction.com prior to obtaining online auction bidding access. Contact registration office at 509-297-9292 for assistance.

4. TERMS: Tracts (Lots) 2 and 3 - Cash at closing no later than July 29, 2021. Tract (Lot) 1 - Cash at closing no later than August 25, 2021. Tract 1 closing is delayed due to the potential need to accomodate equipment removal.

5. LEASE: The cold storage structure on Tract (Lot) 2 is subject to an existing lease through May of 2022.

6. EARNEST MONEY: At the conclusion of the auction the high bidder for each auction Tract will be required to deposit with the Broker as an initial earnest money deposit, a sum equal to ten percent (10%) of the final Sale Price for each Tract or combination of Tracts. The bidder deposit(s) will be credited against the purchaser’s earnest money deposit obligation under the Purchase & Sale Agreement. Broker will accept cashiers or pre-approved personal checks as payment of the earnest money deposit.

7. RIGHT TO ACCEPT OR REJECT: This property is being offered for sale subject to Seller acceptance. In order to become the winning bidder for the Property, a bidder must meet or exceed an undisclosed price acceptable to the Seller, have the highest bid, and such bid must be accepted by the Seller. Except where prohibited by law, the Auctioneer may open bidding on any Property by placing a bid on behalf of the Seller and may further bid on behalf of the Seller by placing successive or consecutive bids for a Property, or by placing bids in response to other bidders. The Seller may withdraw a Property at any time prior to the announcement of the completion of the sale by the Auctioneer. Auctioneer is not acting as an agent for any bidder in any capacity, and is acting exclusively as the Seller’s agent. Seller reserves the right to accept or reject any and all offers for any reason, however, the sole purpose of this auction is to sell the properties. Please come prepared to purchase at the auction.

8. PROPERTY INFORMATION: Property information is available from Booker Auction Company, online at www.bookerauction.com or in print form, upon request, including a copy each of the Purchase and Sale Agreement, Preliminary Title Report, Plat Map, Law of Real Estate Agency and other Tract specific information at 509-297-9292. External property inspection can be made at viewer discretion. Contact Merle Booker at 509-492- 1998 for further sale information or internal property inspections. G&O Johnson, LLC – June 30, 2021 Page 2 of 2

9. CONFIRMATION OF BID: Successful internet bidders agree to complete and return a Purchase and Sale Agreement and provide the 10% Earnest Money deposit by 5 pm, Thursday, July 1, 2021. These successful bidders will be contacted by Booker Auction Company immediately following the close of the online auction to confirm the sales price and to make arrangements for completion of the Purchase and Sale Agreement and transfer of the Earnest Money Deposit to Sackmann Law in Othello, Washington.

10. ENVIRONMENTAL DISCLAIMER: Seller and Broker do not warrant or covenant with Buyer(s) with respect to the existence or nonexistence of any pollutants, contaminants, or hazardous waste prohibited by federal, state or local law or claims based thereon arising out of the actual or threatened discharge, release, disposal, seepage, migration or escape of such substances at, from or into the demised premises. Buyer is to rely upon it’s own environmental audit or examination of the premises.

11. CLOSING, COSTS AND PRORATIONS: The sale transactions must close no later than specified in Item 4 above unless extended in writing by the Seller with possession transferred at closing. Sales shall be closed by Sackmann Law Office, Othello, WA. Buyer shall pay all typical Buyer closing cost associated with the transaction (see earnest money agreement for details). 2021 real estate taxes will be prorated at closing.

12. ADDITIONAL TERMS AND CONDITIONS: All dimensions and descriptions are approximations only based on the best information available and are subject to possible variation. Bidders should inspect the property and also review all of the pertinent documents and information available at Booker Auction Company as each bidder is responsible for evaluating the property and shall not rely upon the Seller or Broker. The Seller or Broker or their agents assume no liability for errors or omissions. The property herein is being sold subject to federal, state and county laws, ordinances and regulations which may affect the property and its use, including all conditions, restrictions and limitations and other matters of record. The property is being sold on an “AS IS, WHERE IS” basis and without any warranties or representations, expressed or implied. No claim will be considered for allowance, adjustment or rescission based upon failure of the property to correspond to any particular standard or exception. Broker, at his sole discretion, reserves the right to accept a personal check from a pre-qualified bidder in-lieu of a cashier’s check. Seller and/or Broker have the right to postpone or cancel the auction, in whole or in part, to add or delete properties, at their sole discretion, and to modify or add any terms and conditions of sale and to publish such modifications or additional terms and conditions online prior to the conclusion of active bidding at the auction. Publication of such modifications online will take precedence over printed matter.

13. AGENCY DISCLOSURE: Booker Auction Company is representing the Seller and will be paid by the Seller. Each purchaser will be required to acknowledge such agency.

14. SELLER'S PERFORMANCE: The seller has agreed to the terms of the sale as published. However, the Broker makes no warranties or guarantees as to the Seller’s performance. All properties are being offered for sale to qualified purchasers without regard to the prospective purchaser's sex, race, color, religion or national origin.

15. FAILURE TO CLOSE: In the event that the successful bidder fails to close for any reason, the Earnest Money shall be non-refundable and Seller shall have default rights as forth in the Purchase and Sale Agreement.

16. CHATTEL PROPERTY: The sale of this real property does not include any personal property unless otherwise listed in the Purchase and Sale Agreements.

17. INDEMNITY AND RELEASE OF ALL CLAIMS: Buyer will release and fully indemnify Seller against any and all claims resulting out of the possession, occupancy, or control of the property after the Buyer takes possession of the property.

18. AUCTION TRACTS: The subject auction tracts are being sold by legal description, not acres.

19. TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or other online auction related technologies, Booker Auction Company reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Booker Auction Company 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 reasonable by Booker Auction Company.

ONLINE PERSONAL PROPERTY

TERMS AND CONDITIONS

June 11, 2021 through June 30, 2021

 

1.       AUCTION PROCEDURE:  All Personal Property, owned by G&O Johnson, LLC (referred herein to as Seller), will be offered in six auction lots individually and/or combined in such a style that all bids remain open until the online auction closes.  Booker Auction Co. shall determine the bid increments and extensions, which may be changed during the auction at his/her discretion.  The selling price shall be determined by competitive bidding during the online auction.  A 5% BUYER’S PREMIUM WILL BE ADDED TO THE HIGH BID(S) TO DETERMINE THE TOTAL FINAL SELLING PRICE.  Should any dispute arise between bidders, Booker Auction Co. shall have the right to make the final decision to either determine the successful bidders or to re-sell the property that is in dispute.  An offsite auction software company will maintain all records of bids and bid history, if any dispute arises following the auction, the auction software and sales records shall be conclusive in all respects. Booker Auction Company reserves the right to refuse participation from the auction process for interference with auction activities, nuisance, canvassing, or any other reason.  Booker Auction Company may reject the bid from any bidder deemed unqualified to bid.

        

2.       BIDDER REGISTRATION:  ALL BIDDERS, prior to receiving a bid number, must provide sufficient evidence that they have adequate funds and/or financing to close on the offered property.  Bidders must register their name, address, and telephone number and contact information online. Bidders will be required to secure a refundable deposit PER LOT prior to receiving a bidder number. 

 

3.       BIDDER DEPOSITS:  Bidder deposits, in the form of a cashiers check or company check, will be required for each lot to cover any real estate damage that may occur with removal of purchased personal property lots.  Deposit amounts will be $25,000 for Lot 4, $10,000 for EACH lot 5, 6, 7, 8, and 9 made payable to Booker Auction Company.  Booker Auction Company will hold all deposits until auction closing, unsuccessful bidder deposits will be returned.  Deposits for the successful bidders will be held until all terms and conditions are met.  In the event damage occurs to the real estate during removal, the deposit will be used for repairs.  Any excess damage costs will be owed by the personal property buyer. Contact registration office at 509-297-9292 for assistance with bidder deposits.  

 

4.       TERMS:  Payment is required within 3 business days of auction closing.  Acceptable methods of payment will be ACH, wire transfer, cash, cashiers check, or an approved personal/company check.  Contact Booker Auction company for payment questions or assistance.

 

5.    RIGHT TO ACCEPT OR REJECT:  This property is being offered for sale subject to Seller acceptance. In order to become the winning bidder for the Property, a bidder must meet or exceed an undisclosed price acceptable to the Seller, have the highest bid, and such bid must be accepted by the Seller.   Except where prohibited by law, the Auctioneer may open bidding on any Property by placing a bid on behalf of the Seller and may further bid on behalf of the Seller by placing successive or consecutive bids for a Property, or by placing bids in response to other bidders. The Seller may withdraw a property at any time prior to the announcement of the completion of the sale by the Auctioneer.  Auctioneer is not acting as an agent for any bidder in any capacity, and is acting exclusively as the Seller’s agent. Seller reserves the right to accept or reject any and all offers for any reason, however, the sole purpose of this auction is to sell the properties.  Please come prepared to purchase at the auction. 

 

6.      SALES TAX: 8% Sales tax is applicable on all personal property, Lots 4-9.  All personal property purchased separately will be due and payable to Booker Auction Co. upon auction closing.  If lot 4 is purchased in combination with Lot 1, sales tax will be collected and submitted at closing.  If any of the Lots 5 through 9 are purchased in a combination with Lot 2, sales tax will be collected and submitted at closing.

 

7.       REMOVAL:  Lot 4 must be removed no later than August 24, 2021.  Lot 5, 6, 7, 8, and 9 must be removed no later than July 28, 2021.  No removal assistance is being offered by the seller.  All arrangements to dismantle, remove, load and haul equipment will be the responsibility of the buyer.  Failure to meet the removal date requirements will result in the loss of the deposit.

 

8.     ADDITIONAL TERMS AND CONDITIONS: All dimensions and descriptions are approximations only based on the best information available and are subject to possible variation.  Bidders are encouraged to conduct their own inspections of the personal property. The personal property is being sold on an “AS IS, WHERE IS” basis and without any warranties or representations, expressed or implied.  No claim will be considered for allowance, adjustment or rescission based upon failure of the property to correspond to any particular standard or exception.  Booker Auction Co., at his sole discretion, reserves the right to accept a personal check from a pre-qualified bidder in-lieu of a cashier’s check.  Seller and/or Auctioneer have the right to postpone or cancel the auction, in whole or in part, to add or delete properties, at their sole discretion, and to modify or add any terms and conditions of sale and to publish such modifications or additional terms and conditions online prior to the conclusion of active bidding at the auction. Publication of such modifications online will take precedence over printed matter.

 

9.       FAILURE TO PAY:  In the event that the successful bidder fails to meet the payment requirements for any reason, the Bidder Deposit shall be non-refundable.

 

10TECHNICAL ISSUES:  In the event there are technical difficulties related to the server, software or other online auction-related technologies, Booker Auction Company reserves the right to extend bidding, continue the bidding, or close the bidding.  Neither the company providing the software nor Booker Auction Company 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 reasonable by Booker Auction Company.

 

 

 

1501 West Lee Road
Othello, Washington 99344
United States

 Lot 4 must be removed no later than August 24, 2021.  

Lot 5, 6, 7, 8, and 9 must be removed no later than July 28, 2021. 

 No removal assistance is being offered by the seller.  

All arrangements to dismantle, remove, load and haul equipment will be the responsibility of the buyer.  Failure to meet the removal date requirements will result in the loss of the deposit.