Full Conditions of Sale for 1949 Pershing Road
Conditions of Sale
THESE CONDITIONS OF SALE ARE LEGALLY BINDING ON YOU. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. YOU ARE ENCOURAGED TO OBTAIN THE ADVICE OF COUNSEL.
INTRODUCTION
To learn more about the sale of this property, please read these Conditions of Sale in their entirety. You are also encouraged to obtain the advice of counsel.
BINDING CONTRACT
These Conditions of Sale are a binding contract between you and the County of Franklin, Illinois, and the Franklin County Sheriff’s Office. If you do not agree to be bound to these Conditions of Sale, then you must not access or use the Website.
These Conditions of Sale include disclaimers of warranties and limitations of liability.
The defined terms “Website” and “Websites” means the auction websites of Roup LLC, including (i) www.roup.com, (ii) https://franklincountysheriff-il.roup.com/, and (iii) other parts of www.roup.com indicated by a subdomain.
All other defined terms (which are indicated by words with capital letters or quotation marks) not otherwise defined in these Conditions of Sale have the meanings given to them in the Website’s Terms of Use.
You represent and warrant that you are an individual of legal age to form a binding contract. If you are agreeing to these Conditions of Sale on behalf of an organization or legal entity, you represent and warrant that you are authorized to agree to these Conditions of Sale on that organization’s or entity’s behalf and to bind that organization or entity to these Conditions of Sale (in which case, the references to “you” and “your” in these Conditions of Sale, except for in this sentence, refer to that organization or entity).
METHOD OF SALE
The Franklin County Sheriff’s Office is conducting this auction exclusively online. This property is not being sold in a live, in-person auction.
NO SALE DEPOSIT
The sale of this property is not subject to a sale deposit.
BIDDING PERIOD
Online bidding is open for up to three days, unless extended by the anti-snipe period. See paragraph below (titled “EXTENSION OF THE AUCTION”) for more information about the possibility of an extension of the auction. The property details page tells you when the bidding on this property will begin and how much time is left once the auction is underway.
SHERIFF’S FEE & ONLINE SALE FEE
In accordance with 55 ILCS 5/4-5001, the Sheriff’s fee for the sale of this property is $600.00, unless this property is unimproved and sells for $10,000 or less, in which case the fee will be $150.00.
The online sale fee for this property is $400.00, which is in addition to the Sheriff fee, as allowed under 735 ILCS 5/15-1507.2.
The Sheriff’s fee & online sale fee must be paid in advance of the sale by the party that requested the sale or its law firm.
The Sheriff’s fee and online sale fee can be paid by mailing or delivering a check to the Sheriff at 403 East Main Street, Benton, Illinois, 62812.
THE AUCTION MIGHT BE CANCELED OR POSTPONED
This auction might be canceled or postponed at any time. If this happens, a notice of cancellation or postponement will be posted online on the property details page. If you have registered to bid on the property, you may also receive an email informing you of the cancellation or postponement.
CREATING AN ACCOUNT AND REGISTERING TO BID
The online sale provider for the Sheriff’s judicial sales is Roup LLC. You must have an account with Roup to bid on this property. Creating an account with Roup gives you login credentials (i.e., a username and password). You will have to create an account with Roup only once.
Your login credentials will allow you to register to bid on this property. If you want to bid on more than one property, you will have to register to bid on each property separately.
BIDDING AND MAXIMUM BIDS (PROXY BIDDING)
Once you have registered to bid on this property, you can enter your bid three different ways.
First, you can hit the "refresh" icon in the box where bids are entered. The system will enter a bid for you equal to the current bid plus the incremental bid amount.
Second, you can enter your bid manually.
Third, you can enter a maximum bid by entering the highest amount you are willing to pay for the property. As other people bid on the property, the system will enter bids automatically on your behalf in the minimum increment, allowing you to outbid others automatically until your maximum bid is reached. This automatic bidding feature is known as “proxy bidding.” You can increase your maximum bid by entering a higher amount. You can decrease your maximum bid by entering a lower amount, however, you will not be able to lower your maximum bid below the current bid amount.
THE OPENING BID
Anyone may enter an opening bid. Bidding does not need to start with the plaintiff’s opening bid.
HOW THE SYSTEM TREATS IDENTICAL BIDS
If more than one Person enters the same bid amount, the bid entered first will take priority.
MISTAKES IN BIDDING
You must review your bid carefully before you submit it! No one from the Franklin County Sheriff’s Office or Roup will be able to correct your bid if you enter it incorrectly or by mistake. You will have a chance to confirm your bid before entering it, so please review your bid carefully!
EXTENSION OF THE AUCTION
If any bidding occurs in the final moments of the auction, the end of the auction will be extended automatically for successive periods of time to give everyone a fair chance to bid against the other participants. This extension of time is called the “anti-snipe period.” The auction will end after no bidding occurs during the anti-snipe period.
WINNING BIDDER
The winning bidder is the Person who submits the highest bid for the property and complies with these Conditions of Sale, unless such compliance is waived. The Franklin County Sheriff has sole and absolute discretion to determine the highest bidder, subject to the court's review of the results of the auction and approval of the sale.
PAYMENT TERMS
The purchase price (full winning bid amount) is due within 24 hours of the auction's closing.
PAYMENT OF THE PURCHASE PRICE
Payment of the full winning bid amount must be made within 24 hours of the auction closing.
Payment must be made by cashier’s check delivered to the Franklin County Sheriff’s Officer located at 403 East Main Street, Benton, Illinois, 62812 between the hours of 8:30 a.m. and 4:00 p.m (within 24 hours of the auction closing).
*Only cashier’s checks are accepted. Made payable to Franklin County Sheriff’s Office.*
HOW TO MAKE AN ELECTRONIC PAYMENT (IF APPLICABLE)
If you are the winning bidder, you will receive payment instructions by email after the auction ends. If applicable, these instructions will include wire transfer instructions or other electronic payment instructions.
PURCHASE CONTINGENT ON COURT APPROVAL
The sale of the property is contingent upon the court’s entering an order approving the sale. There can be no assurance that the court will approve the sale. If the court does not approve the sale, you will not obtain title to the property. If you are a third-party buyer, you will receive a refund of your payment of the total amount due for the property.
NO OTHER CONTINGENCIES
Aside from the court’s approval of the sale, the property is being sold without any contingencies. This means your purchase will not be subject to the kind of contingencies that may be agreed upon in a private sale of real estate, such as a financing contingency or an inspection contingency.
YOU ARE NOT ALLOWED TO ACCESS THE PROPERTY
If you are a third-party buyer, you are not allowed to access the property during the sale process because it does not belong to you. The Sheriff does not have authority to allow you to access the property.
YOU MUST CONDUCT YOUR OWN DUE DILIGENCE ON THE PROPERTY
You must perform your own due diligence on the property. You should independently verify all information about the property. The Franklin County Sheriff’s Office does not make any guarantee or representations as to the accuracy or completeness of any information about the property and assumes no liability for any errors or omissions regarding any such information. Photographs of the property, if any, are not guaranteed to be recent or to accurately depict the property.
THE PROPERTY IS BEING SOLD “AS-IS”
The property is being sold in its existing “AS IS, WHERE IS, WITH ALL FAULTS” condition, with no expressed or implied guarantees, representations, or warranties whatsoever, and with all faults, defects, and limitations, whether apparent or not. You are assuming all risks associated with purchasing this property. You must accept the property in whatever state and condition the property is in, with all defects, both patent and latent, and with all faults, whether known or unknown, existing at the time or arising in the future.
SHERIFF’S DEED
Once the judicial sale is completed, a Sheriff’s Deed will be issued to the buyer for recording with the County Recorder of Deeds.
Once the Court approves the sale, it is the buyer's responsibility to prepare and record the deed, including any additional documents required for the recording. If needed, buyers are advised to consult an attorney to ensure all legal requirements are met. Once prepared, the deed and related documents can be brought to the Sheriff's Office for signature.
EVICTION PROCEEDINGS
The property might be occupied by the owner or a tenant. If you are the highest bidder, you will be solely responsible for all eviction proceedings.
DISCLAIMER OF WARRANTIES
All information contained within the Service is provided on an "as is,” “as available” basis and your use of the Service is at your sole risk. The County of Franklin and the _Franklin County Sheriff’s Office make no representations or warranties concerning the Service and disclaim any representation, warranty or other assurance with respect to the operation, quality, accuracy, security, completeness, timeliness, functionality or title to content provided or displayed, including information about any property. Access to the Service at any time may be interrupted, restricted or delayed. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of merchantability, title, non-infringement of intellectual property, fitness for any particular purpose and freedom from computer virus, is given in conjunction with the Service. To the fullest extent allowable by law, the County of Franklin and the Franklin County Sheriff’s Office disclaim all responsibility for any claims, damages or losses (including, without limitation, financial loss, damages for business loss, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or from any action taken as a result of using the Service.
LIMITATION OF LIABILITY
In no event will the County of Franklin or the Franklin County Sheriff’s Office or their respective elected and appointed officials, employees, contractors, vendors, or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages, losses or expenses (whether based in contract, tort, strict liability or otherwise) to the user and/or any third party, arising in connection with the Service or use hereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the County of Franklin or the Franklin County Sheriff’s Office or their representatives are advised of the possibility of such damages, losses or expenses.
In no event will the County of Franklin or the Franklin County Sheriff’s Office or their respective elected and appointed officials, employees, contractors, vendors, or agents be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from these Conditions of Sale or your use or inability to use the Service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the County of Franklin or the Franklin County Sheriff’s Office or their representatives are advised of the possibility of such damages, losses or expenses. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, breach of warranty, negligence, or any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.