ONLINE BIDDER CONTRACT
Real Estate Auction
By Order of the U.S. Bankruptcy Court
Southern District of Florida – Miami Division ● Maria M. Yip, Chapter 7 Trustee
RE: ANSONIA 1692, LLC ● Case No. 17-23972-AJC
5405 / 5353 SW 28th Avenue, Ocala, Florida 34471
2765 NE 48th Court, Ocala, Florida 33470
Thursday, January 31, 2019 @ 11:00 AM ET
(Please Check; Buyer Registering for the following Property/Properties);
Residence w/ Guest House; 5405 / 5353 SW 28th Avenue, Ocala, Florida 34471
Fourplex; 2765 NE 48th Court, Ocala, Florida 33470
Please carefully review this Online Bidder Contract (“Contract”). Upon agreeing to the below terms of the Online Bidder Contract and therefore be able to participate as a qualified Online Bidder in this Auction, you must have already completed the following: (a) Completed the Bidder Registration Form, (b) Sent the required Initial Escrow Deposit (Deposit amount contingent on which Property that you are bidding on as stated within the Instructions for Bidder Qualification, with the Initial Escrow Deposit confirmed by Fisher Auction Company), (c) Completed and executed the Return of Initial Escrow Form, (d) Signed/Date/Time the Acknowledgement of Reviewing the U.S. Bankruptcy Court Orders, and (e) Submitted a copy of Bidder’s Driver’s License or Passport to 2112 East Atlantic Boulevard, Pompano Beach, Florida 33062; Facsimile: 954.782.8143; E mail: firstname.lastname@example.org, prior to 5:00 PM ET on Wednesday, January 30th, 2019. You must also agree to the following Online Bidder Contract.
This is a Contract entered into by and between the Bidder (“Bidder”) whose name is identified below and the Auctioneer.
- All registration information the Bidder provides to Auctioneer shall be current, complete, and accurate. Bidder must be 21 years of age or older. Bidder agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of any transaction being conducted during this Online Auction.
- Bidder agrees not to retract its offer(s). The successful Bidder is legally bound to purchase the Property awarded in accordance with his / her bid, the U.S. Bankruptcy Court Order(s), the Real Estate Purchase and Sale Agreement, and all other Federal and State Regulations governing contracts for the purchase of real property. Unilateral conditions asserted by any Bidder will not be accepted. There will be a 6% Buyer’s Premium added to the Final Bid Price and included in the Total Purchase Price.
- Auctioneer reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of this Online Auction.
- Disputes Between Bidders - If a dispute arises between two or more Bidders, Auctioneer reserves the right to reopen the bidding. Auctioneer’s designation of the successful Bidder shall be final.
- Termination: This Contract constitutes a binding agreement between Bidder and Auctioneer until terminated by Auctioneer, which Auctioneer may do at any time, without notice, in Auctioneer’s sole discretion. If Bidder dissatisfaction occurs with this Online Auction in any way, Bidder’s only recourse is to immediately discontinue use of this Online Auction. Auctioneer reserves the right to terminate Bidder registration and use of this Online Auction, and impose limits on certain features of this Online Auction or restrict Bidder access to, or use of, part or the entire Online Auction without notice or penalty.
- Hold Harmless - Auctioneer cannot, and will not, be held responsible for any interruption in service, errors, and/or omissions, caused by any means, therefore they cannot guarantee continual, uninterrupted or error free service as the website could be interfered with by means out of Auctioneer’s control. Bidder acknowledges that this Online Auction is conducted electronically and relies on hardware and software that may malfunction without warning. The Auctioneer may void any sale, temporarily suspend bidding and re-sell the Property that was affected by any malfunction. The decision of the Auctioneer is final.
- Required Initial Escrow Deposit – In order to be fully and properly registered to bid online for this Auction, Bidder will have wire transferred the required Initial Escrow Deposit(s) in the amount(s) of $25,000 in U.S. Funds (if bidding on Residence and Guest House) or $5,000 in U.S. Funds (if bidding on 4-Plex) to Agentis, PLLC (“Escrow Agent” /”Settlement Agent”), by 5:00 PM ET on Wednesday, January 30th, 2019 and received Deposit confirmation by Fisher Auction Company. Once the Escrow Deposit(s) and all required executed documents are received, no later than 5:00 PM ET on Wednesday, January 30th, 2019, Auctioneer will approve your access to bid. Any questions regarding this online bidding process may be obtained by contacting Auctioneer at email@example.com or 800.331.6620 (U.S. calls) or 954.942.0917 (International calls).
- Property Inspection: The Bidder is invited, urged and cautioned to inspect the Property prior to submitting any bid. Failure to inspect the Property shall not constitute cause for cancellation of sale.
- OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE: All bidders are subject to providing appropriate government identification that includes full legal name and date of birth. In addition, all bidders are subject to being required to disclose their place of birth. By providing this information bidders agree to allow Seller to perform a search of the Specially Designated Nationals List, Blocked Persons List and Sanctioned Country List provided by the United States Office of Foreign Assets Control. Seller reserves the right to reject any bidder from registration after this search has been completed. By registering all bidders agree to abide by all of the Terms of Sale.
- The Bidder agrees that, should they be the successful Bidder on the Property, all information regarding the transaction may be published on the Auctioneer’s web site per the Electronic Freedom of Information Act Amendments of 1996 (5 U.S.C. 522(2000).
Court Order of Sale
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
ANSONIA 1692, LLC,
Case No.: 17-23972-AJC
ORDER GRANTING TRUSTEE’S AMENDED MOTION FOR ENTRY OF AN ORDER
(I) AUTHORIZING THE TRUSTEE TO ENTER INTO CONTRACT FOR SALE OF
REAL PROPERTIES AND APPROVING THE FORM THEREOF:
(II) APPROVING PROCEDURES FOR THE AUCTION AND SALE OF THE
ESTATE’S INTEREST IN REAL PROPERTIES; (III) SCHEDULING A FINAL
HEARING TO APPROVE THE SALE OF REAL PROPERTIES;
(IV) APPROVING SALE OF THE ESTATE’S INTEREST IN REAL PROPERTIES,
FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES PURSUANT
TO 11 U.S.C. § 363(f); (V) AUTHORIZINGTHE TRUSTEE TO SURCHARGE THE
REAL PROPERTIES PURSUANT TO 11 U.S.C. §506(c) AND (VI) APPROVING
PAYMENT OF AUCTIONEER’S COMMISSION [ECF# 101]
THIS MATTER came before the Court for hearing on Wednesday, December 12, 2018 at
11:00 a.m. (the “Procedures Hearing”) upon Trustee’s Motion for Entry of an Order (I)
ORDERED in the Southern District of Florida on December 13, 2018.
A. Jay Cristol, Judge
United States Bankruptcy Court _____________________________________________________________________________
Case 17-23972-AJC Doc 115 Filed 12/14/18 Page 1 of 7
Authorizing the Trustee to Enter into Contract for Sale of Real Properties and Approving the Form
Thereof: (II) Approving Procedures for the Auction and Sale of the Estate’s Interest in Real Properties;
(III) Scheduling a Final Hearing to Approve the Sale of Real Properties; (IV) Approving Sale of the
Estate’s Interest in Real Properties Free and Clear of All Liens, Claims and Encumbrances Pursuant
to 11 U.S.C. § 363(f); (V) Authorizing the Trustee to Surcharge the Real Properties Pursuant to 11
U.S.C. § 506(c) and (VI) Approving Payment of Auctioneer’s Commission [ECF #101] (the “Sale
Motion”) filed by Maria Yip, as Chapter 7 Trustee (the “Trustee”) of the bankruptcy estate (the 1
“Estate”) of Ansonia 1692, LLC (the “Debtor”). The Sale Motion seeks, among other things, to (a)
approve the procedures (the “Auction Procedures”) for the Auction and sale of the following real
properties: a residence (approximately 11,000 sq. ft.) located at 5405 SW 28th Avenue, Ocala, FL
34471 (the “Residence”); a guest house near the Residence located at 5353 SW 28th Avenue, Ocala,
FL 34471 (the “Guest House” and together with the Residence the “Single Family Home”) ; and a four- 2
plex apartment building located at 2765 NE 48 Court, Ocala, FL 34470 (the “Four-Plex”) and
(collectively, the “Real Properties”), which are legally described as follows:
a. Residence: 5405 SW 28th Avenue, Ocala, FL 34471;
Lots 45 and 46, Westbury, According to the Map or Plat
Thereof as Recorded in Plat Book Y, Page(s) 83 and 84,
Public Records of Marion County, Florida. Tax Parcel
Identification Number 35351-045-00
b. Guest House: 5353 SW 28th Avenue, Ocala, FL 34471;
Lots 45 and 46, Westbury, According to the Map or Plat
Thereof as Recorded in Plat Book Y, Page(s)
Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in
the Sale Motion.
Although the Residence and the Guest House have different physical addresses, they share one tax parcel
identification number and therefore will be sold together
Case 17-23972-AJC Doc 115 Filed 12/14/18 Page 2 of 7
83 and 84, Public Records of Marion County,
Tax Parcel Identification Number 35351-045-00
c. Four-Plex: 2765 NE 48 Court, Ocala, FL 34470;
Lot 4, THE HAMMOCK, according to the map or
Plat thereof, as recorded in Plat Book F, Page(s) 66,
of the Public Records of Marion County, Florida.
Tax Parcel Identification Number 2420-004-000.
The Sale Motion sought authority for (a) Lamar Fisher and Fisher Auction Company (the
“Auctioneer”) to hold a live auction of the Real Properties on JANUARY 31, 2019 (the
“Auction”) and (b) scheduling the Final Sale Hearing on Wednesday, February 6, 2018 at 2:00
p.m. to approve the sales of the Real Properties to the persons or entities making the highest and
best bids (the “Successful Bidders”). The Court, having reviewed the Sale Motion and having
considered the arguments and representations of the Trustee’s counsel at the Procedures Hearing,
and for the reasons stated on the record, FINDS as follows:
A. This Court has jurisdiction over this case pursuant to 28 U.S.C. §§ 157 and 1334.
This matter is a core proceeding pursuant to 28 U.S.C. § 157(b). Venue is proper before this
Court pursuant to 28 U.S.C. § 1408 and 1409. The statutory basis for the relief sought herein is
Sections 105(a) and 363 of Title 11 of the United States Code.
B. The findings and conclusions set forth herein constitute the Court’s findings of
fact and conclusions of law under Rule 7052 of the Federal Rules of Bankruptcy Procedure.
C. The Trustee has demonstrated sufficient grounds for the sale of the Real
Properties at the Auction.
D. The proposed marketing and Auction Procedures as set forth in the Sale Motion
and this Order are appropriate and reasonably calculated to provide all interested parties with
timely and proper notice of the Auction and the sale of the Real Properties.
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Case 17-23972-AJC Doc 115 Filed 12/14/18 Page 4 of 7
E. The Auction Procedures set forth in this order are fair, reasonable, appropriate and
are designed to maximize the sale prices of the Real Properties.
F. Good and sufficient notice of the Sale Motion and the relief sought therein has
been given under the circumstances, and no other or further notice is required. A reasonable
opportunity to object or be heard regarding the relief provided in this order has been afforded to
creditors, and parties in interest.
G. The Trustee has demonstrated a sufficient basis and compelling circumstances
requiring the sale of the Real Properties and such actions are appropriate exercises of the
Trustee’s business judgment and in the best interests of the Estate. The Auction of the Real
Properties pursuant to the Auction Procedures is in the best interests of the Estate, creditors, and
other parties in interest.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
1. The Sale Motion is GRANTED and the Auction Procedures are APPROVED.
To the extent of any conflict between the Sale Motion and this order, this order shall control.
2. The Auctioneer is authorized, nunc pro tunc to the date of his first marketing
efforts, to market the Real Properties for sale at the Auction, which will take place on
January 24, 2019 January 31, 2019 at the Residence located at 5405 SW 28th Avenue, Ocala,
3. Any person or entity wishing to participate in the Auction must (a) register with
the Auctioneer prior to 11:00 a.m. EST on the date of the Auction, and (b) provide the
Auctioneer with a cashier’s check in the amount of Twenty-Five Thousand Dollars and 00/100
($25,000.00) for the Single Family Home or Five Thousand Dollars and 00/100 ($5,000.00) for
the Four-Plex (the “Initial Deposit”),” with the memo section reflecting “Maria Yip, as Chapter 7
Trustee” and the property address being bid upon “(the “Initial Deposit”). Any person or entity
who timely complies with these requirements shall be a “Qualified Bidder”, and only Qualified
Bidders shall be entitled to participate at the Auction.
4. Immediately after the conclusion of the Auction, the Auctioneer, in consultation
with the Trustee and Hutton Ventures, LLC, shall determine and select the person or entity (the
“Successful Bidders”) making the highest and best bid (the “Successful Bids”) for Real
Properties and the person or entity making the second highest bids (the “Backup Bids”) for the
Real Properties (the “Backup Bidders”). In her sole discretion, the Trustee, in consultation with
secured creditor, Hutton Ventures, LLC, may choose to reject the Successful Bids or the Backup
5. Immediately following the Auction, (a) the Successful Bidders and the Backup
Bidders shall each fully execute a Real Estate Sales Contract for the purchase of each of the Real
Properties (the “Purchase Agreement”), and (b) the Successful Bidders shall make an additional
deposit, payable to AGENTIS, PLLC Trust Account via a cashier’s check within 24 hours from
Court approval, which together with the Initial Deposit shall equal 10% of the Successful Bid
(the “Deposit”), and the full amount of the Deposit shall be nonrefundable in the event that the
Successful Bidders fail to timely close. The Trustee shall retain the Initial Deposits for the
Backup Bids until the closing of the sales of each of the Real Properties occurs with respect to
each of the Successful Bids.
6. The Court will hold a Final Sale Hearing to approve the sale of the Real
Properties, pursuant to the Purchase Agreement, to the Successful Bidders on Wednesday,
February 6, 2019 at 2:00 p.m. at the U.S. Bankruptcy Court, 301 North Miami Avenue,
Courtroom 4, Miami, FL 33128.
Case 17-23972-AJC Doc 115 Filed 12/14/18 Page 5 of 7
7. If the Successful Bidders fail to close within seven (7) calendar days from entry of
an order approving the sales of the Real Properties to the Successful Bidders, then the Trustee
may elect in her business judgment to close the sales of the Real Properties with the Backup
Bidders, and if the Trustee so elects, the Backup Bidders shall be obligated to close.
8. The Real Properties shall be sold in its “AS IS”, “WHERE IS” condition and
with all faults, with no guarantees, warranties or representations, express or implied, and the Real
Properties shall be sold without any financing or other conditions.
9. To the extent that the stay under Bankruptcy Rule 6004(h) would apply to this
Order, the stay is waived and this Order shall be effective immediately upon its entry.
10. As previously approved in this Court’s Order Authorizing Trustee to (I) Employ
Lamar Fisher and Fisher Auction Company and (II) Pay Auctioneer [ECF #97], compensation of
the Auctioneer shall be based on an 6% buyer’s premium plus reimbursement for marketing
expenses not to exceed $5,000.00 The Auctioneer will not receive a percentage of the gross
11. In the event a co-broker participates in the Auction, a 3% co-broker commission
will be payable from the buyer’s premium. If there is not a co-broker involved in the Auction on
behalf of the Buyer, then the Estate shall retain 1.5% of the final bid price and the Auctioneer
receives an additional 1.5% of the final bid price.
12. The Trustee is authorized to take all actions necessary to effectuate the relief
granted in this order. Notwithstanding the preceding, the Trustee shall not be required to execute
any documents other than a Trustee’s Deed to convey the Estate’s right, title and interest in the
Real Properties to the Successful Bidders.
Case 17-23972-AJC Doc 115 Filed 12/14/18 Page 6 of 7
13. The Court retains jurisdiction to enforce the terms of this order.
# # #
Nicole Grimal Helmstetter, Esq.
Fla. Bar No. 86937
Counsel for the Trustee
55 Alhambra Plaza, Suite 800
Coral Gables, Florida 33134
T. 305.722.2002 F. 305.489.2698
Copy to: Attorney Helmstetter, who is directed to serve a conforming copy upon all interested