Upcoming Auctions


Keywords:
010613- 10459- First United Bank- Saint John IN
Date & Time: Sunday, January 6, 2013 6:00 PM Central
Highlights:

Sold on Behalf of the FDIC as Receiver for FIRST UNITED BANK

All Items in This Auction Will Be Sold to the Highest Bidder! ABSOLUTE with No Reserves!

CISCO IT Equipment/ SAMSUNG 50" Flat Screen/ PAOLI High-End Executive Office Furniture/ Currency Counters/ DIEBOLD Safe/ File Cabinets/ Artwork and More!!


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Categories: - - ENTER HERE TO VIEW ALL ITEMS (113) - APPLIANCES (2) - ARTWORK AND DCOR (18) - BANK EQUIPMENT (11) - DEPOSIT COUNTER (1) - FILING AND STORAGE (23) - FURNITURE (19) - NETWORKING (5) - PLANTS (4) - SAFE (1) - SEATING (25) - SECURITY CAMERAS (1) - TELEVISION (1) - TOYS (1) - WATER DISPENSER (1)
Notes:
                   Online Auctions in Northwest Indiana!


                 FDIC Sale of Assets from the Former First United Bank!

AUCTION LOCATION: 

10895 Park Place, Saint John IN 46373


AUCTION BEGINS TO CLOSE: Sunday, January 6, 2013 @ 6pm Central

AUCTION PREVIEW: Sunday, January 6, 2013 10am to 4pm

AUCTION REMOVAL: Monday, January 7, 2013 10am to 4pm


IMPORTANT: All items must be removed within the listed dates and times, If you cannot remove your items within the set dates and times, DO NOT BID!, If you plan to have a third party pick up your items you will need to download and complete the third party release form which can be downloaded below

The third party release form is in PDF format. If you do not have adobe reader it can be downloaded HERE

 

Please Contact The Manager With Any Questions That You May Have.

Auction Manager:

William Hesch- cell. 513.444.6329 william@worleyauctions.com

Other than the delivery of title and / or bill of sale for any property sold, neither the FDIC nor Worley Auctioneers makes any representation or warranty, expressed or implied, on the property for sale as to its merchantability or its fitness for general or particular purpose, and does further state property is to be sold as Is, with all faults, Without Warranties or Representations, and Without Recourse."

PACKING AND SHIPPING: Bidders may arrange shipping / moving with the company of their choosing. However, we do recommend the local UPS Store or Stevens Worldwide Moving Group. Be sure to have the Lot numbers you plan to bid on so they will be able to give you an accurate estimate for shipping. Once items are released by the winning bidder to a third party, such as a shipping or moving company, Worley Auctioneers and Appraisers, Inc., assumes no liability.
Terms:

REGISTRATION DEPOSIT: In order to participate in any auction, Worley Auctioneers & Appraisers, Inc., (“Auctioneer,” “Auctioneers,” “we,” “us”) requires a $100 registration deposit by major Credit Card prior to bidding. The $100 is NOT CHARGED, it is merely an authorization held by your financial institution- although it may appear as a pending transaction on your account. It is released by us at the conclusion of the auction, but depending on the policies and procedures of your financial institution, may not appear available for three to ten business days. Since the $100 is only an authorization, it will not be applied toward your purchases, nor will you be penalized if you do not make any purchases. This is a completely separate transaction from items purchased in the auction. Authorization by credit card at the time of Registration is an Industry Standard Practice among online auctioneers.

IMPORTANT: This is an ONLINE ONLY AUCTION PLEASE DO NOT BID if you are unable to remove your items during the scheduled removal times. NO refunds will be issued nor chargebacks granted due to failure to remove items at the pre-designated times. After the scheduled removal, items will be considered abandoned, and you will be charged a removal fee for disposal of your items. Although from time to time, as a courtesy to bidders, we may list or link to local shippers and movers, WE DO NOT SHIP! Shipping and/or moving arrangements are your responsibility.

BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. For example, if your bids total $100.00 at check-out, you will be charged $115.00.

PAYMENT: Credit Card Only - Visa / Master Card / Discover / American Express

TIME OF PAYMENT: Your credit card on file will be automatically charged for your full invoice amount at the conclusion of the auction.

TAX: Local sales tax will be added to your Invoice. If you claim exemption from sales tax, you must contact the Auction Manager at least twenty-four (24) hours prior to the auction closing and provide proper documentation of your tax exempt status.

USE CAUTION: Please be aware that bidders sometimes increase their own bid to price an item out of reach of other bidders. You should immediately review your bids once submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a typographical error, you must immediately contact our office by email. Use the contact sheet on our website (we must have your request in writing). We will not reverse bids after the auction has closed – NO EXCEPTIONS!

STAGGERED CLOSING: The online auction closes at intervals of 3 items per minute. This feature, in concert with the Dynamic Closing element, closely emulates a 'live' auction.

DYNAMIC CLOSING: The closing time of an item is automatically extended an additional 5 minutes whenever a bid is placed within the last 5 minutes of the item's closing time. Thus, if an item is set to close at 2:00pm, and a bidder places a bid on the item at 1:58pm, the item's closing time will be extended to 2:03pm. If another bid is placed at 2:01pm, the item's closing time will be extended to 2:06pm, and so on. It is therefore important to monitor items you’re bidding on by regularly refreshing the page as the auction nears closing.

BID NOTIFICATION: If you have been outbid you will be notified by email ONLY UNTIL the last day of the auction --- starting at midnight Eastern time on the date of auction closing notices are not sent. To quickly review your bids and see if you have won you can utilize the “Review Bids” feature. Items on which you have been outbid on will be clearly marked.

WINNING BIDDER NOTIFICATION: Winning bidders will be sent an electronic invoice by email ONLY (you are responsible for checking your email). If you feel you have won an item and have not received an email you must notify us by email no later than 9am the next day. If you do not receive an electronic invoice, then you did not win any items at the online auction.

CLAIMS AND RECOVERY: In the event an item is not available for pickup, you must notify our on-site staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and Bidder agree that no adjustment or refund will be made.

CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.

CATALOG INACCURACIES: You are bidding on the described item- not the photograph. Occasionally, the wrong photo is displayed or a substantially similar item is photographed. Always read the item description, and we encourage you to attend our preview/inspection events.

WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item, without any implied or expressed warranty. Keep in mind that these items are used and may have light surface scratches and or dents / dings. Preview is suggested in order to gauge the condition of each piece. Descriptions are made in good faith and believed to be accurate, but not guaranteed. When you are not certain of the condition or use of an item, please bid accordingly. With respect to specialty items such as antiques, vehicles, and fine art, all descriptions are made in good faith, but such descriptions do not warrant authenticity, grading, or condition. Preview is recommended to gauge the exact nature and condition of all items.

REMOVAL:Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt and Third Party Release Form (if applicable) with photo identification. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location. No items will be released without a paid email receipt.

IMPORTANT! The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchaser, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.

CHOOSE WISELY: We want every one to get a good deal, and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.

CERTAIN RIGHTS RESERVED: The Auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices; cancel, suspend, extend or reschedule an individual item and/or auction event; make changes to the auction closing times or inspection or removal times.

ARBITRATION: Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Hamilton County Ohio.

LIABILITY: Auctioneer’s and Seller’s liability shall be limited to the refund of bidder’s purchase price. By registering and participating in this auction, you specifically disclaim any other claim available at law or in equity.

LIMITATIONS: The above stated Terms cannot be altered except in writing by the Auctioneer.

REGISTRATION INSTRUCTIONS:First. you need to register to bid. Go to the registration page or click the “Register” button above. Once you submit your information, you will receive an email with your bidder number and you will use the password that you created. Then go to the catalog, place your bids. Also, you can utilize the MAXBID system where you can put in your starting bid and your highest bid. Your maximum bid is confidential and the software will bid up to that point only if other bids are received.

Please Read Carefully the Below "Purchaser Eligibility Certification." By Participating In This Auction and Checking the Mandatory Box That Will Appear Prior to Placing Your Initial Bid, You Certify You Are a "Prospective Purchaser" Eligible to Purchase Assets from This FDIC Receivership.

Purchaser Eligibility Certification

The purpose of the Purchaser Eligibility Certification is to identify Prospective Purchasers who are not eligible to purchase assets of failed financial institutions from the Federal Deposit Insurance Corporation under the laws, regulations and policies governing such sales. Completion of the Purchaser Eligibility Certification, without modification, is a prerequisite to any such purchase.

DEFINITIONS

Affiliated Business Entity. An Affiliated Business Entity of a Prospective Purchaser means its spouse, dependent child or any member of its household; or any entity that directly or indirectly is under the control of the Prospective Purchaser, controls the Prospective Purchaser or is under common control with the Prospective Purchaser.

Associated Person. An Associated Person of a Prospective Purchaser who is an individual is (1) the Prospective Purchaser's spouse or dependent child or any member of the household, (2) a partnership in which the Prospective Purchaser is or was a general or limited partner, or (3) a corporation of which the Prospective Purchaser is or was an officer or director. An Associated Person of a Prospective Purchaser that is an entity is (1) any individual or entity that, acting individually or in concert with one or more individuals or entities, owns or controls 25 percent or more of the Prospective Purchaser; or (2) a managing or general partner of the Prospective Purchaser.

Contractor. A Contractor is any individual or entity that has submitted an offer to the FDIC to perform services or has a contractual arrangement with the FDIC to perform services.

Delinquent Obligation. A Delinquent Obligation is any debt or duty to pay money to the FDIC in excess of $50,000 (in the aggregate for all such debts or duties) that is more than 60 days delinquent, or any other failure to comply with the terms and conditions of a written agreement with the FDIC that continues for more than sixty (60) days following notice. A Delinquent Obligation does not include any debt that has been settled, nor any debt that has been sold or transferred by the FDIC, nor any debt for which the FDIC has reported forgiveness of debt through the issuance of an IRS form 1099, nor any debt discharged in bankruptcy.

Failed Institution. A Failed Institution is any bank or savings association that has been under the conservatorship or receivership of the FDIC or of the Resolution Trust Corporation. It includes any entity owned and controlled by such a bank or savings association.

FDIC. FDIC means the Federal Deposit Insurance Corporation, whether acting in its corporate capacity or as conservator or receiver of a Failed Institution.

Prospective Purchaser. A Prospective Purchaser is any individual or entity that has made or intends to make an offer to purchase assets of a Failed Institution from the FDIC. For all purposes of this Certification, an "entity" includes any entity with a legally independent existence, including, without limitation, a trustee; the beneficiary of at least a 25% share of the proceeds of a trust; a partnership; a corporation; an association; or any other organization or society.

Substantial Loss. A Substantial Loss is (i) any debt or duty to pay money to the FDIC or a Failed Institution that has an outstanding balance of more than $50,000 and that is more than 90 days past due; (ii) an unpaid final judgment of more than $50,000 regardless of whether it is forgiven in a bankruptcy proceeding; (iii) a deficiency balance following a foreclosure sale of
more than $50,000 regardless of whether it is forgiven in a bankruptcy proceeding; or (iv) any loss of more than $50,000 reported on an IRS Form 1099-C (Information Reporting for Discharge of Indebtedness).

ELIGIBILITY CERTIFICATION
The undersigned hereby certifies that all of the following statements are true, correct and complete when made and will be true at closing of the sale.

A. FDIC Employees. The Prospective Purchaser is not an FDIC employee, the spouse of an FDIC employee, or the minor child of an FDIC employee.

B. Delinquent Obligors. Neither the Prospective Purchaser nor any of its Affiliated Business Entities has a Delinquent Obligation. Under certain circumstances, the certification required in this paragraph may be waived. For more information about the waiver process and criteria, contact the FDIC sales representative. Note: If the sale is for FDIC real estate owned or items such as furniture, fixtures or equipment, artwork, automobiles or other tangible items, and the bid price will be less than $250,000 (per item or per pool), then the certification set forth in this paragraph B is not required.

C. FDIC Contractors. Neither the Prospective Purchaser nor any of its Affiliated Business Entities is a Contractor that has performed services within the past three years relating to any of the assets that the Prospective Purchaser might buy, unless the contract for services allows for the purchase of such assets. Under certain circumstances, the certification required in this paragraph may be waived. For more information about the waiver process and criteria contact the FDIC sales representative.

D. Officers or Directors of Failed Institutions. Neither the Prospective Purchaser nor any of its Associated Persons has ever been an officer or director of a Failed Institution or of an affiliate of a Failed Institution who (1) has participated in a material way in one or more transactions that caused a Substantial Loss to any such Failed Institution; and (2) in connection with such Substantial Loss has been found by a court or administrative tribunal, or alleged in a judicial or administrative action brought by the FDIC or any

federal or state governmental entity to have (i) violated any law, regulation or order issued by a federal or state banking agency; (ii) breached a written agreement with a federal or state banking agency or with a Failed Institution; (iii) engaged in an unsafe or unsound practice in conducting the affairs of a Failed Institution; or (iv) breached a fiduciary duty owed to a Failed Institution.

E. Debarment from Participation in the Affairs of a Failed Institution. Neither the Prospective Purchaser nor any of its Associated Person(s) has been removed from, or prohibited from participating in the affairs of a Failed Institution by a final enforcement action by the FDIC or any other federal banking agency (Office of the Comptroller of the Currency, Office of Thrift Supervision, or the Board of Governors of the Federal Reserve
System).

F. Pattern or Practice of Defalcation. Neither the Prospective Purchaser nor any of its Associated Person(s) has borrowed money or guaranteed loans in more than one transaction with the intent to cause a loss or with reckless disregard for whether such transactions would cause a loss to any financial institution insured by the FDIC, where these loans, in the aggregate, caused a Substantial Loss to one or more Failed Institutions.

G. Convicted of Certain Crimes. Neither the Prospective Purchaser nor any of its Associated Person(s) (1) has been convicted of committing or conspiring to commit any offense under Section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, 1341, 1343 or 1344 of Title 18 of the United States Code affecting any Failed Institution; and (2) has defaulted on any debt or duty to pay money (including any guaranty) owed to the FDIC or any Failed Institution to such an extent that a judgment has been rendered in favor of the FDIC or the property securing the debt has been foreclosed on.

H. If Seller Financing Is Used. Neither the Prospective Purchaser nor any of its Associate Persons (1) has defaulted on any debts or duties to pay money (including any guaranty) to the FDIC or a Failed Institution that, in the aggregate, exceed $1,000,000, to such an extent that a judgment has been rendered in favor of the FDIC or the property securing the debt has been foreclosed on; and (2) has made any fraudulent misrepresentations in connection with any of these debts or duties. This representation is not required, and has no effect, if the Prospective Purchaser does not finance any portion of the purchase price through financing offered by the FDIC.

I. Transactions Structured to Circumvent this Certification. Neither the identity nor form of the Prospective Purchaser, nor any aspect of the contemplated transaction, has been created or altered with the intent, in whole or in part, to allow an individual or entity who otherwise would be ineligible to purchase assets from the FDIC to benefit directly or indirectly from the proposed transaction.

Notice Concerning Legal Action
Any person who knowingly or willfully makes false or fraudulent statements or disclosures in connection with this Certification will be referred to the Office of Inspector General and/or the appropriate law enforcement officials for investigation and legal
enforcement and may be subject to fines and/or imprisonment (18 U.S.C. §§ 1001, 1007 and 1014).

PRIVACY ACT STATEMENT
The Federal Deposit Insurance Act (12 U.S.C. §§1819, 1821, and 1823), 5 C.F.R. Part 3201, 12 C.F.R. Parts 340 and 366, and Executive Order 9397 authorize the collection of this information. The FDIC will use the information to assist in the determination of whether a Prospective Purchaser is eligible to purchase assets under the laws, regulations and policies pertaining to the FDIC. The FDIC may disclose this information: 1) to other federal, state or local agencies and to contractors to assist in the marketing or sale of assets; 2) to appropriate Federal, State or local agency or responsible authority, to the extent that disclosure is necessary and pertinent for investigating or prosecuting a violation of or for enforcing or implementing a statute, rule, regulation or order, when the information indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by any statute, or by regulation, rule or order issued pursuant thereto; 3) to a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosure to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings, when the FDIC is a party to the proceeding or has a significant interest in the proceeding and the information is determined to be relevant and necessary; 4) to a congressional office in response to a written inquiry made by the congressional office at the request of the individual to whom the record pertains; or 5) in accord with any other routine use appropriate for the FDIC's Insured Bank Liquidation Records, # 30- 64- 0013. Submitting this information to the FDIC is voluntary. Your failure, however, to submit all of the information requested and to complete the form entirely could result in your inability to bid on or purchase FDIC-held assets.

ESTIMATED REPORTING BURDEN
Public reporting burden for this collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Paperwork Reduction Act, Legal Division, FDIC, Washington, D.C. 20429; and to the Office of Management and Budget, Paperwork Reduction Project (3064-0089), Washington, D.C. 20503. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.




Contact: Penny Worley Auctioneers
7264 Columbia Rd. Suite 200
Maineville OH 45039
Phone: (513) 774-9182
Fax: (513) 774-9388
Email Web-page
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