AUCTION

Real Estate Auction

15.63 +/- WOODED ACRES

HERSHEY, TWP. Of DERRY

Zoned— Agricultural Conservation…

Large Mature Trees, Two access roads , public utilities available.

Located—at the end of Woodland Ave. off of Clark Rd.

corner of Woodland AVE and Hillside Road

Close to town and Hershey Medical Center

$20,000 down auction day balance in 45 days.

                                                                    None surveyed Plot plan

Acres - 15.63 +/-  wooded   (this property has not been surveyed)

Public sewer and water available at street locations

Two access roads - Woodland Ave and Hillside Drive

Tax ID # 24-52-179

Deed - 294 - 446

County - Dauphin

Township of Derry (Hershey)

Zoned - Agricultural Conservation

Arial View

Woodland Ave. area

                                Hillside approach

AUCTION PROCEDURE

The auction will be held on at our auction facility at

1550 Sand Hill Rd. Hummelstown PA 17036

 Tuesday, September  29, 2009  at  6 PM 

·        Pre-registration starts at 5 pm

·        Pre-registration is required to participate in the bidding process of the Real Estate auction.   Signed terms and conditions of auction along with a check made payable to                      ZIEGLER AUCTION CO., LTD.  in the amount of $20,000. (TWENTY  THOUSAND DOLLARS) will be required to obtain a bidder card. The  Twenty  thousand will be applied to the deposit money if you are the successful accepted bidder. If you are not the successful high bidder, the check will be returned immediately following the auction.

·        The successful accepted bidder will be required to sign the “Agreement of Sale”,  “Seller’s Property Disclosure Statement”  following the auction (see enclosures).    The  TWENTY  THOUSAND DOLLARS will be placed in escrow.  This will be included at settlement toward the purchase of the  property. (see “Agreement of Sale”, Section 5, Earnest Money).

CONDITIONS OF SALE OF REAL ESTATE

AND AGREEMENT TO PURCHASE AT PUBLIC AUCTION

The conditions of the sale of real estate situated at  WOODLAND AVE HERSHEY - Tax ID # 24-052-179 ,    Dauphin    County, Pennsylvania, owned by                                                     Estate of Lewis M. Loffreda Jr.        , are as follows:

1.         By entering a bid on the property, the bidder will be conclusively deemed to have agreed to be bound by all of the terms and conditions set forth in these Conditions of Sale.

2.         Sale will be at public auction at Ziegler Auction Company Ltd. 1550 Sand Hill Road, Hummelstown PA 17036  at    6  p.m. E.D.T. on      Tuesday September 29,                                           , 2009  .  All bidders must be pre-registered.  Registration starts at       5   p.m.

3.         Until specifically removed by announcement of the auctioneer, the seller reserves the right to reject any and all bid or bidders.  The purchaser shall be the person who, after the reservation has been specifically removed, is the highest bidder at the time the auctioneer declares the auction to be completed.  The Auctioneer shall have sole discretion and authority to resolve any conflict concerning the order or amount of any bid, or which bidder shall be considered the successful highest bidder.

4.          2 % Buyers Premium will be added to the auction price and will become part of the total contract price.

5.         The property is being sold in AS IS, WHERE IS condition.  It is understood that the buyer has had the right to conduct such inspections of the property prior to commencement of the auction as Buyer deemed necessary or appropriate, and has either inspected the property or waived his right to do so.  Buyer must rely on his own investigation and inspections, and not upon any warranty, representation, or other communication made by Seller, Seller's agent, Auctioneer, or agents and employees of Auctioneer, except as contained in Seller's Property Disclosure Statements which are attached to Exhibit "A" and incorporated herein by reference.

6.         Each prospective bidder shall, at the time of registration as a bidder, pay an earnest money deposit in the amount of $  20,000        by cash, check, certified check, bank money order, or other form acceptable to Seller, which shall be held by auctioneer until the day of sale.  If the prospective bidder becomes the purchaser, the purchaser shall sign an Agreement of Sale immediately upon completion of the auction of the property, and thereafter the earnest money deposit shall be placed in escrow pursuant to the terms and conditions of the agreement of sale. In the event the bidder does not become the purchaser, his earnest money deposit will be returned to him on the day of the sale following his signature of a receipt.  A copy of the agreement of sale which Buyer will be required to sign is attached hereto, marked as Exhibit "A", and incorporated herein by reference as if set forth in full.

7.         Settlement shall be held on or before the     13        day of    November     , 200 9, at                                          .

8.         At the time of settlement, Sellers shall convey the property to purchaser by special warranty deed (or in the case of an estate, by fiduciary warranty deed) prepared at purchaser's expense.  The property shall be conveyed with good and marketable title, or such title as will be insurable at regular rates by a title insurance company authorized to do business in Pennsylvania, free and clear of all liens, and encumbrances and easements as more fully set forth in the agreement attached hereto and marked as Exhibit "A".

9.         County, municipal, and school district taxes and sewage and trash charges shall be apportioned between the seller and the purchaser as of the date of final settlement.

10.         Real estate transfer taxes shall be paid equally by the purchaser.

11.       Any survey and/or title insurance or title search required for financing by the purchaser or any other purpose shall be performed at the cost and expense of the purchaser.

12.       Possession shall be given at the time of settlement.

13.       Purchaser will be responsible for all real estate broker fees that may be owed as a result of any buyer's brokerage agreement unless there is signed "Real Estate co-Broker Agreement Registered with Ziegler Auction Co. Ltd. Prior to the auction."  Seller will be responsible for fees due Ziegler Auction Co., Ltd., Auctioneer.

14.       Time is of the essence.

15.       The declared successful bidder will be required to sign a lead-based paint disclosure statement (see sample) and a property disclosure statement (see sample).

16.       By signing these conditions of sale, the prospective bidder acknowledges that he has read and understands the conditions, and agrees to be bound by them, and has read and understands the agreement of sale which is attached hereto and incorporated herein by reference, and in the event the prospective bidder becomes the purchaser, agrees to sign and be bound by same.

PURCHASER/BIDDER

                                                            Date:

                                                            Date:

Address : _______________________________________________________________________

DIRECTIONS:  From Rt 322 in Hershey Turn South onto Fishburn Rd. and Right onto Sand Hill Road.  Travel 1 mile and Turn left onto Clark Rd.

At Stop turn right on Woodland Ave. to end of Street.

Valid PA Drivers license or state-issued ID required for Bidder Registration.  Announcements made on Auction Day take precedence over printed material. Seller reserves the right to remove any item from the auction until auction day.