1. Manufactured home and storage yard barn MUST BE REMOVED from 302 S. Center St. Ft. Branch, Indiana, 47648 by Friday, August 22, 2025.
2. Buyer(s) are responsible for any and all damage and subsequent repairs of the real estate caused during the removal of the manufactured home and storage yard barn.
3. Buyer(s) will not hold Dorothy Kurtz, nor guardian Tammy Whitehouse or heirs liable for any, and or incurring damages, repairs, neglect in removal, transfers, taxes, legal fees, etc. pretraining to this manufactured home or storage yard barn auction agreement.
4. The personal property will be offered with reserve.
5. During ANY auction events; including, open houses, or client appointments, no property lot owners or asset owners are to be permitted to associate with any prospective buyer(s).
6. Lot property owners Darrell and Debra Parker will convey complete title and all documents pertaining to manufactured home and storage yard barn owned by Dorothy Kurtz to buyer(s) within 30 days of closing of auction.
7. Nothing in this contract shall be constructed to amend or otherwise violate the terms of this agreement order hereby through the Vanderburgh County Courts.
8. The parties agree that none of the assets herein referenced are abandoned as defined by common law, any federal or Indiana state or admittivities code, or any other source of legal matters.
BUYERS PREMIUM:
• A 10% Buyers Premium added to the final bid price to determine final selling price.
PAYMENT:
• There will be a 3% convenience charge for credit cards.
• Payment made in full on day of pickup by cash, check, VISA, MasterCard or wire transfer. Auction Company will not automatically charge the credit card on file. Buyer is responsible for all wire transfer fees.
• Credit Cards not accepted for purchase of automobiles, titled items, or any purchase over the amount of $5,000. In these cases a certified check or wire transfer will be needed for payment, buyer responsible for wire transfer fees.
• Payment must be made before item(s) are removed by the specified date on the auction advertisement. All sales are final. There are no returns, refunds, or adjustments.
PICKUP:
• Signing up for Auction item pickup will be mandatory via your emailed invoice the morning after bidding ends. Please sign up in a timely manner, if you have issues using the scheduler call us at 812-474-6100.
AUCTION PROCESS & BIDDING TIPS:
• This auction is subject to an auto-extend feature. Any bid placed in the final 3 minutes of an auction, the auction ending will be automatically extended three (3) minutes from the time the bid was placed. The auto extend feature remains active until no further bids are received within a 3 minute time frame. The extension time will apply to individual lots only.
• Until the auction begins to close, the bidding software will notify bidders by email when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email notifications can be delayed.
INSPECTION, DUE DILIGENCE, ABSENCE OF WARRANTIES, & MISC. TERMS:
• Bidders accept all auction items “with all faults”, whether or not immediately apparent. Bidders are responsible for ascertaining actual current condition through personal inspection and careful review of the description, pictures, video and/or support documentation. Every bidder agrees that his or her decision to bid and the amount he or she bids have been based solely on his or her own independent inspection and evaluation of the auction items.
• Attending Auction Showings are strongly encouraged.
• Curran Miller Auction / Realty, Inc. is not responsible for any missing or incorrect listing information. Curran Miller Auction / Realty, Inc. has attempted to provide accurate descriptions of all items in the auction. However, it is the bidder's responsibility to inspect the item and determine the condition of each lot. Descriptions that are provided by Curran Miller Auction / Realty, Inc. are provided in good faith and are matters of opinion.
• Curran Miller Auction / Realty, Inc. and the seller furnish all auction items to buyers 'As Is', unsupported, without warranty of any kind. Curran Miller Auction / Realty, Inc. and the seller disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Items are sold in their actual current condition, with all faults and defects, and with all errors of description.
• Curran Miller Auction / Realty, Inc. has full discretion to modify the date and time, order, and details of the sale of any item or conduct of any auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Curran Miller Auction / Realty, Inc. or the seller. Curran Miller Auction / Realty, Inc. reserves the right to modify, change, or remove usernames at any time.
• In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Curran Miller Auction / Realty, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Curran Miller Auction / Realty, Inc. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
• Curran Miller Auction / Realty, Inc. reserves the right to reject any and all bids for any reason. An accepted bid is a legal binding contract. Items become the full responsibility of the bidder at the time that payment is received. The bidder assumes all risk of loss or damage to the item at that time. Curran Miller Auction / Realty, Inc. reserves the right to resell any personal property that is not paid for in full by the conclusion of the stated pickup date. In any such event, the bidder will still be responsible for payment for the original purchase and the costs of collection of this payment and/or damages resulting for the resale of the property.
• Buyer and or Bidder agrees to hold harmless and indemnify Curran Miller Auction / Realty, Inc. and its Agents, Owners, Directors, Employees and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
• Curran Miller Auction / Realty, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding.
• The identity of all bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Curran Miller Auction / Realty, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Curran Miller Auction / Realty, Inc. reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, mental fitness, etc.
• Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or Auction Company may bid on items within auction. We gather aggregate information from the web site which may include but is not limited to: number of page visitors, most visited pages, and any and all correspondence.
• If purchases are not settled by the specified pick up day, it will be considered in default. Upon default, the bidder will be black listed/blocked from bidding on Curran Miller Auction/Realty, Inc. auctions, as well as MarkNet Alliance auctions. All defaulted items may be offered to the next highest qualified bidder at the discretion of Curran Miller Auction/Realty, Inc.
• The bidder agrees to pay all reasonable attorney fees and other costs incurred by Curran Miller Auction/Realty, Inc. in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of two percent (2%) of the outstanding balance per month be added to any unpaid balance due Curran Miller Auction/Realty, Inc. Any dispute will be tried in a court of jurisdiction in Vanderburgh County, Indiana.
• EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY.
• By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment to Curran Miller Auction / Realty, Inc. of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney's fee.
• If, for any reason, Curran Miller Auction/Realty, Inc. is unable to make available or deliver any Purchase, or portion thereof, or documentation required in respect of any Purchase at time of pickup, the sole liability of Curran Miller Auction / Realty, Inc., if any, shall be the return of any paid monies in respect of such Purchase upon its return by Purchaser.
• Any dispute between Curran Miller Auction/Realty, Inc., its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Vanderburgh County, Indiana. By bidding on any item, buyer agrees to all terms and conditions set forth.
