CONDITIONS OF SALE
THE CONDITIONS of this public sale held this 11th day of March, 2023, are as follows:
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PROPERTY. The “Property” to be sold consists of approximately 0.05 acres with a building and improvements thereon situate at 204 East Main Street, Mount Joy, PA 17552, identified as tax parcel 450-92874-0-0000, and described on EXHIBIT “A” attached hereto and made a part hereof.
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SELLER. This sale is held on behalf of the Executrix of the Estate of Barry Lee Zink, Sr, hereinafter referred to as “Seller.”
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BIDDING. All bidders shall be pre-approved by the Auctioneer, H.K. Keller. Online bidding for the Property shall commence Wednesday, March 8, 2023 and continue through the end of the live auction on Saturday, March 11, 2023. Bidding may be conducted online and/or in-person, and the Auctioneer reserves complete discretion to resolve any and all disputes between bids received online, telephonically, or in person. Bidders shall be responsible to ensure that all devices used for online and/or phone bidding are in good working condition. Neither the Seller nor the Auctioneer assumes any responsibility for the failure of any bidding device used by bidders.
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BUYER’S PREMIUM. There is a ten percent (10%) purchaser’s premium, to be paid by the Purchaser, which shall be added to the winning bid. The winning bid plus the 10% purchaser’s premium will comprise the total Purchase Price.
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BROKER’S COMMISSION. A commission of three percent (3%) will be paid by the Auctioneer to a real estate broker securing the winning bid. The broker’s commission shall be calculated based on the Purchase Price. A signed Bidder Registration Form must be submitted to the Auctioneer by 11:00 a.m. on March 11, 2023 in order for a broker’s commission to be compensated. If bidding online, please email a completed Bidder Registration Form to info@hkkeller.com.
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PURCHASE AND DOWN PAYMENT. The Auctioneer shall take bids for the Property, and in the event that the Property is placed in the hands of the Auctioneer for sale, the highest bidder shall be the “Purchaser” of the Property being struck off to him and he shall immediately, but in no event later than forty-eight (48) hours, sign the Purchaser Agreement attached to these Conditions of Sale, and pay down Ten Thousand Dollars ($10,000.00) as security for performance of this Purchase Agreement to the Seller. If any dispute arises among bidders, the Property shall be put up for renewal of bidding.
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SETTLEMENT. The balance of the purchase money shall be paid at settlement to be held at the office of Blakinger Thomas, PC, 28 Penn Square, Lancaster, Pennsylvania 17603, on or before April 25, 2023, (unless some other time or place shall hereafter be agreed upon by the Seller and Purchaser), upon which payment the Seller shall convey to the Purchaser, by deed prepared at the Purchaser’s expense, good and marketable title, as is insurable by a reputable title insurance company at regular rates, to said Property, free and clear of all liens and encumbrances not noted in these Conditions of Sale, but subject to any existing wall rights, easements visible upon the ground and those of record, building or use restrictions, zoning or land subdivision regulations, encroachments of cornices, trim and spouting over property boundaries, or encroachments of any kind within the legal width of public highways, and leases as described herein and subject to all easements, encumbrances, or encroachments which are recorded in the Lancaster County Recorder of Deeds Office or which would be apparent upon reasonable physical inspection of the Property. Nothing herein shall be construed as obligating the Seller to provide any title search, or title insurance, at the Seller’s expense. The costs of any title search and title insurance desired by the Purchaser shall be the sole responsibility of the Purchaser. Formal tender of deed and purchase money are waived.
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COSTS.
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ACKNOWLEDGEMENTS to deed shall be paid by the Seller.
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ANY “DISBURSEMENT” OR SIMILAR FEES, tax certification fees, service fees, and any other fees attempted to be charged against the Seller by the attorney or title company holding settlement for the purchaser, shall be paid by the Purchaser.
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ALL REQUIRED STATE AND LOCAL REALTY TRANSFER TAXES shall be paid by the Purchaser.
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REAL ESTATE TAXES shall be apportioned to date of settlement or prior delivery of possession on a fiscal year basis.
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WATER and SEWER RENT shall be paid by the Seller to date of settlement or prior delivery of possession.
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POSSESSION shall be given to the Purchaser at settlement.
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CONDITION OF PROPERTY. Included in the sale are all buildings, improvements, rights, privileges, and appurtenances; including, if applicable: oil, electric, heating, plumbing, lighting, and water fixtures and systems; laundry tub(s); storm doors and windows, screen doors and fitted window screens; roller and venetian blinds, curtain and drapery rods and hardware; radiator covers; and any articles permanently affixed to the Property.
At settlement, the Property and all of its appurtenances and fixtures shall be in substantially the same condition as at present, except for (a) ordinary reasonable wear and tear, (b) damage which occurs after possession has been given to the Purchaser, or (c) any taking by eminent domain. There are no known eminent domain proceedings pending related to the Property. The Purchaser accepts the Property “AS IS”. The Purchaser acknowledges that settlement is not contingent on any inspections, appraisals, or assessments.
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EXCLUSIONS FROM PREMISES. The following items are expressly excluded from the sale: None.
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TIMING. The date(s) specified herein for settlement, and all other dates, are considered to be “of the essence of the contract” and are binding.
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ZONING. The Property is within the CBD – Commercial Business Zoning District. The Purchaser is satisfied that the zoning of the Property is satisfactory for the Purchaser’s contemplated use. The Seller makes no representations that the Seller’s present or prior uses of the Property comply with the Mount Joy Borough Zoning Ordinance.
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SELLER DEFAULT. If the Seller is unable to give title as required herein, the Purchaser may elect either (a) to take such title as the Seller can give, or (b) to require the Seller to return to the Purchaser all payments including any deposits made to the Seller on account of the Purchase Price, and to reimburse the Purchaser for all costs of searching title, appraisals, inspections, and preparation of deed, mortgage and other settlement papers which the Purchaser reasonably may have incurred, upon which return and payment all further obligation of these Conditions on both the Seller and the Purchaser shall terminate.
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PURCHASER DEFAULT. In case of non-compliance by the Purchaser with these Conditions, the Seller, in addition to all other remedies provided by law, shall have the option either (a) to retain the Purchaser’s down money as liquidated damages regardless of whether or not, or on what terms, the Property is resold, or (b) to resell the Property at public or private sale, with or without notice to the present Purchaser and to retain any advance in price, or hold the present Purchaser liable for any loss, resulting from such resale, meanwhile holding the down money paid hereunder as security for or toward payment of any such loss.
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NO WARRANTY. The Seller makes no warranty as to the condition of the Property as to environmental matters. The Seller has not conducted any investigations and has no actual knowledge of any environmental hazards, including but not limited to radon, asbestos, spills, or underground storage tanks.
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EXECUTRIX’S CERTIFICATION. The Executrix’s certification that death taxes have been or will be paid will be acceptable to the Purchaser at settlement without further evidence or security for such payment.
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DISCLOSURES. Seller’s Disclosure Statement is attached hereto as EXHIBIT “B” and made a part hereof. The Seller’s Disclosure Statement attached hereto notwithstanding, by execution of these Conditions of Sale the Purchaser acknowledges that he has had a full and complete opportunity to inspect the Property. The Property is being sold unto the Purchaser “AS IS” with no representation, guarantee or warranty regarding the condition of the Property or any improvement or structure erected on the Property, including, but not limited to, its structural integrity, roof, appliances, electrical system, heating system, plumbing, water system, sewage disposal system, or any portion thereof.
The Purchaser acknowledges that the Auctioneer has not made any specific representations regarding the Property, and that Purchaser has not relied upon any representations or statements of the Auctioneer. The Purchaser releases the Auctioneer from any claims, actions or causes of action arising from or due to any defect in the Property existing on the date of this sale.
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RADON DISCLOSURE. Radon is a radioactive gas produced naturally in the ground by the normal decay of uranium and radium. Uranium and radium are widely distributed in trace amounts in the earth's crust. Descendants of Radon gas are called Radon daughters, or Radon progeny. Several Radon daughters emit alpha radiation, which has high energy but short range. Studies indicate the result of extended exposure to high levels of Radon gas/Radon daughters is an increased risk of lung cancer. Radon gas originates in soil and rocks, it diffuses, as does any gas, and flows along the path of least resistance to the surface of the ground, and then to the atmosphere. Being a gas, Radon can also move into any air space, such as basements, crawl spaces and permeate throughout the home. If a house has a Radon problem, it can usually be cured by increased ventilation and/or preventing Radon entry. The Environmental Protection Agency advises corrective action if the annual average exposure to Radon daughters exceeds 0.02 working levels. Further information can be secured from the Department of Environmental Resources Radon Project Office, call 1-800-23RADON or (215) 369-3590, the Purchaser acknowledges that the Purchaser has the right to have the buildings inspected to determine if Radon gas and/or daughters are present, the Purchaser waives this right and agrees to accept the Property AS IS, with no certification from the Seller. The Purchaser releases, quit-claims, and forever discharges the Seller, its shareholders, directors and officers, their heirs and assigns, from any and all claims, losses, or demands, including personal injuries, and all of the consequences thereof, whether now known or not, which may arise from the presence of Radon in any building on the Property. The Seller has no knowledge concerning the presence or absence of Radon.
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RIGHT TO REJECT BIDS. The Seller reserves the right to reject any or all bids. The Seller reserves the right to withdraw the Property from sale, and/or to adjourn the sale to a future date or dates.
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ASSIGNMENT. The Purchaser may not assign these Conditions of Sale, in whole or in part, without first obtaining the written approval of the Seller. Any assignment in violation of these Conditions of Sale shall be null and void.
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INTENT. These Conditions of Sale represent the whole agreement between the parties, and any representations concerning the Property, or otherwise, made prior to the execution of the Purchaser Agreement, are hereby superseded by these Conditions of Sale.
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AMENDMENT. No modification of these Conditions of Sale shall be valid unless made in writing, executed with the same degree of formality as these Conditions of Sale and the Purchaser Agreement.
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EFFECT OF WAIVER OR CONSENT. A consent or waiver by the Seller, express or implied, to or of any breach or default by the Purchaser in the performance of these Conditions of Sale is not a consent or waiver to or of any other breach or default. Failure on the part of the Seller to complain of any act of the Purchaser or to declare the Purchaser in default of these Conditions of Sale, irrespective of how long that failure continues, does not constitute a waiver by the Seller of the Seller’s rights with respect to that default until the applicable statute-of-limitations period has run.
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SEVERABILITY. If any provision of these Conditions of Sale or the application thereof to any person, entity or circumstance is held invalid or unenforceable to any extent, the remainder of these Conditions of Sale and the application of that provision to other persons, entities or circumstances are not affected thereby. In such event, the invalid or unenforceable provision will be enforced to the greatest extent permitted by law.
SELLER:
ESTATE OF BARRY LEE ZINK, SR
By:___________________________
Mindy L. Mihajlov, Executrix
*01460866 / (040786.000001)
PURCHASER AGREEMENT
Mount Joy Borough, Lancaster County
Parcel No. 450-92874-0-0000
The undersigned, as “Purchaser,” intending to be legally bound hereby, acknowledges that the Purchaser has examined the Conditions of Sale attached hereto available for inspection prior to sale of the Property, and agrees to be bound by the full terms thereof, further acknowledging that only a summary of the Conditions of Sale was read prior to commencement of bidding for the Property.
The Purchaser agrees to purchase the Property described in the foregoing Conditions of Sale under the terms and conditions as therein set forth, for the sum of_________________________ Dollars ($ _________).
In the event that the Purchaser fails to make settlement as required in the foregoing Conditions of Sale, the Purchaser hereby irrevocably authorizes any attorney of any court to appear for the Purchaser, or any of them, and to confess judgment against the Purchaser, jointly or severally, for all sums due hereunder, including any loss resulting from resale of the Property by the Seller, whether by private or public sale, with or without notice to the Purchaser, upon filing of an Affidavit of Default under the terms hereof, together with interest at the rate of Ten Percent (10%) per annum, and together with a collection fee equal to Ten Percent (10%) of the amount then due, but in no event less than Two Hundred Fifty and 00/100 Dollars ($250.00), all costs of suit, release of heirs, and waiver of appeals, and without stay of execution. This warranty shall include a waiver of all appraisement, stay, and exemption laws of any state, now in force or hereafter enacted. This Power of Attorney shall not be affected by the disability of the principal or principals.
IN WITNESS WHEREOF, the Purchaser has executed this Purchase Agreement on __________ ___ , 2023, intending to be legally bound hereby.
____________________________________ Address:________________________________
____________________________________ Phone Number:___________________________
RECEIPT
Received of Purchaser on above date, as down money on account of the above purchase price, the sum of Ten Thousand Dollars ($10,000.00).
BLAKINGER THOMAS, PC
By: _____________________________
EXHIBIT A
Legal Description
(See Document in Files)
EXHIBIT B
Seller’s Disclosure Statement
(See Document in Files)
DISCLOSURE OF INFORMATION AND ACKNOWLEDGMENT
LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS
RE: PROPERTY: 204 East Main Street, Mount Joy, PA 17552
SELLER: Estate of Barry Lee Zink, Sr
PURCHASER: _____________________________________
DATE OF AGREEMENT: / /2023 , SETTLEMENT DATE: _________, SALE PRICE: $_____________
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure (Please initial)
(a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
? Known lead-based paint and/or lead-based paint hazards are possibly present in the housing (explain):
X Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and Reports available to the seller (check one below):
? Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below):
X Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Purchaser's Acknowledgment (Please initial)
_____ (c) Purchaser has received copies of all information listed above.
_____ (d) Purchaser has received the pamphlet Protect Your Family From Lead in Your Home.
_____ (e) Purchaser has (check one below):
? Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection of the presence of lead-based paint or lead-based paint hazards; or
X Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
THE ESTATE OF BARRY LEE ZINK, SR
Seller _______________________Date ___________
Mindy L. Mihajlov, Executrix
Purchaser_________________________ Date ____________
Purchaser_________________________ Date ____________
