Auction Address
2040 Derry Street
Harrisburg
PA 17104
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Directions
From Harrisburg, proceed on Derry Street to buildings on left. Signs posted.
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Auction Description
Phone for full bid packet with much information.
Fast Facts
2040 Derry Street, Harrisburg, PA - 2 buildings
- 23,000 Square Feet Total
- One 4,000 square foot flex space metal warehouse with 12' ceilings, built 1991
- Located on .77 acres zoned Business General; permitted uses: Sales, shops, storage, parking garage, filling stations, bar, taverns, restaurants, laundromats, dry cleaning & offices.
- Deed Book 5720, page 505
- Located in the city of Harrisburg
- Tax Parcel # 12-038-003
- Taxes - $13,091.11
- Warehouse has overhead door in secure parking area
- $1,200.00/month income option to purchaser
- Schoolhouse eligible for listing on National Register of Histroric Places
- Schoolhouse eligible for Federal Tax Incentives for Preservations Activity
- Zoning is Business General
- Frontage = 210 feet
- Parking Spaces 25
- Traffic Count = 12,600 ADT
- Public water, sewer, gas, PPL electric
- Full Bid Packet available from Auctioneers
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Auctioneer's Notes
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TERMS
Conditions of Sale
The CONDITIONS OF SALE by public auction, this 15_ day of September__ of the real estate of ___Deljim, LLC_______, known as __2040 Derry Street, Harrisburg, PA,17104 – Tax Parcel
#13-038-003_______ (the property), by William W. Hobbie, Auctioneer, are as follows:
1/ Purchaser - The highest and best bidder confirmed by the seller shall be declared the purchaser and if any dispute shall arise between two or more bidders, the property shall immediately be placed again upon the block. Bidders shall, if requested, give the Auctioneer or his representative his or her name, address, and any other such information as requested.
2/ Withdrawal of property – No person shall retract from his or her bid, but the seller or Auctioneer may withdraw the property from sale at any time before it is struck off. The Auctioneer or Seller may, without giving any reason therefore, refuse or reject any or all bids. A sale is complete when the Auctioneer so announces by the fall of the hammer or in other customary manner. The Seller and Auctioneer reserve the right to adjourn or continue the sale from time to time by announcement at the time and place appointed for the original sale or any adjourned sale or during the progress of any such sale, and without further notice may proceed with the sale on the day to which the same may be so adjourned or continued.
3/ Title – The property is offered for sale free and clear, and discharged of all liens and encumbrances, except for any zoning or other governmental regulations affecting the property, building restrictions, ordinances, easements, rights-of-way, agreements, or like matters of record, reservations, or restrictions of record or visible on the ground. Otherwise, title to the property shall be good and marketable or such as will be insurable by a reputable title company at purchaser’s sole expense.
4/ Pro rata charges – Real estate taxes, school taxes, and other current charges such as rents, utilities, and lienable municipal services, if any, shall be apportioned pro rata as of the day of the settlement.
5/ Payment procedure – The purchaser shall pay down to the seller at the time the property is struck off to purchaser $_10,000.00_____ by cash, certified check, or pre-approved personal check with Photo ID, with the balance in cash or certified check on the day of settlement which shall be no later than __October 30, 2010____ which is 45 days from today’s date. (Deposit checks should be made out to HOBBIE AUCTIONS for deposit into Auction escrow account.)
6/ Transfer taxes, etc. – The one percent (1%) Pennsylvania Realty Transfer Tax and the one percent (1%) County/Township Realty Transfer Tax shall both be paid by the purchaser. In addition, the purchaser shall be responsible for purchaser’s normal settlement costs. The drawing of the deed as well as such abstract of title as may be required shall be at the expense of the purchaser.
7/ Possession – Purchaser shall be entitled to possession of the premises upon payment of the purchase money in full and delivery of the deed on the day of settlement.
8/ Boundries – Seller makes no representations as to the specific locations of the boundary lines. Any survey or surveys desired by the purchaser, or its mortgagee, shall be secured and paid for by the purchaser.
9/ Condition of Property – Purchaser agrees to accept the property in “as is” condition without warranty, guarantee, or representation as to condition or fitness, and without warranty, guarantee or representation that the property is in condition or fit to be used for the purpose for which it is intended. Purchase agrees to assume all responsibility for any and all repairs as may be required by the Township or Municipality. Seller has no knowledge of the presence of any hazardous waste or lead paint hazards anywhere on the property. Purchaser acknowledges receipt of the Disclosures with regard to Radon, Lead Paint, and Mold Hazards attached hereto and made part of this agreement, if applicable.
The present “as is” condition will be maintained by the seller until settlement, normal wear and tear excepted. However, in the event of any of the building(s) on the premises to be sold is/are damaged by fire or any other casualty or in any other manner prior to settlement, all insurance proceeds will be the sole property of the seller, but the amount of the purchase price to be paid by the purchaser shall be reduced by the amount of insurance proceeds actually received by the seller by reason of the destruction or damage to the building(s). Seller, until settlement, shall carry at seller’s expense, fire insurance with extended coverage on the building(s) in such amount as seller deems prudent. Subsequent to the settlement, all risk of loss or damage by reason of the destruction of or damage to the buildings shall be solely on the purchaser. Seller shall not be liable or responsible for any loss of damage to the building(s) subsequent to the settlement.
10/ Failure by purchaser – Time is of the essence in this transaction, and failure by the purchaser, for any cause, to make settlement as set forth above, or otherwise comply with the Conditions of Sale, all deposit monies and other sums paid by the purchaser on account of the purchase price may be retained by the seller (1) on account of the purchase, (2) as monies to be applied to seller’s damages, or (3) as liquidated damages for such breach as the seller may elect. In the event the seller elects to retain the monies as liquidated damages, the seller shall be released from all liability and obligations, and this sale shall be null and void. The seller, then, shall have the right, with or without notice, to resell the premises at any time without benefit to the purchaser from its sale. This sale is not contingent upon any financing being obtained by the purchaser.
11/ Assignment – This agreement may not be assigned or transferred to a third party without the express written consent of both parties.
12/ Failure to deliver – If the title as provided for in the Conditions of Sale cannot be conveyed, the purchaser shall have the option of taking such title as seller can give without abatement of price or of being repaid all monies paid on account by purchaser to seller. In the latter event, there will be no further obligation or liability on the part of seller, and this sale will be deemed null and void and of no effect.
13/ No representation – It is understood that the purchaser has had at least ten days prior to the auction to inspect the property or hereby waives the right to do so. Purchaser agrees to purchase the property as the result of such inspection and not because of reliance upon any representation made by seller or its representative(s) or by the Auctioneer or any of his agents or employees and the purchaser has agreed to purchase the property in its present condition unless stated herein. Purchase agrees to indemnify and hold seller and/or Auctioneer harmless from and against all claims, demands, or liabilities, including attorney’s fees which arise from or are related to the environmental condition of the property prior to, during, or after seller’s occupation of the property. No sale shall be invalidated nor any refund, compensation, or damages paid by reason of any matter relating to condition or fault in the property, not fitness of the property to be used for the purpose for which it is intended, nor by reason of the property being inaccurately described. Neither the seller nor the Auctioneer shall be liable to any person by or because of any defect in the condition of the property nor because of any zoning restrictions on the property upon which the sale shall be held.
It is further understood that this agreement contains the whole agreement between the seller and the purchaser, and that there are no other terms, obligations, covenants, representation, statements, or conditions, oral or otherwise, of any kind whatsoever concerning the sale. Furthermore this agreement shall not be altered, changed, or modified except in writing executed by the parties hereto.
14/ Effect of Conditions of Sale – All bids in this auction are made subject to the terms and conditions in these Conditions of Sale. A purchaser, by making a bid, agrees to abide and be bound by these Conditions of Sale.
15/ Utilities – Public sewer, public water, PP electric
16/ Zoning – Business General
17/ Fixtures – Included in this sale as part of the property are the buildings, structures, and improvements now thereon, attached items, and the fixtures belonging to the seller and used in connection therewith.
18/ Existing leases – Two year long leases exist which may be terminated by purchaser by giving lease holders 60 days notice at settlement.. Leases are for $1200.00/ month total.
19/ Escrow – An escrow account shall be maintained by the Auctioneer to hold the deposit monies.
20/ Special clauses - _____None____________________________________________
21/ Auctioneer’s warranty – The Auctioneer warrants that he is duly licensed as an Auctioneer by the Commonwealth of Pennsylvania and holds an Auctioneer’s license in the Commonwealth of Pennsylvania.
22/ Indemnification – It is expressly understood and agreed between the parties hereto that William W. Hobbie, Auctioneer, or any of his agents or employees, are acting as agents only as will, in no case whatsoever, be held liable either jointly or severally to either party for the performance of any term or covenant of this agreement or for the damages for the nonperformance thereof.
22/ Binding effect – This agreement is binding upon the respective heirs, executors, administrators, successors, and assigns of the parties.
24/ Sale price and deposit –
TOTAL PURCHASE PRICE IS ___________________________________________DOLLARS.
($______________________)
TOTAL DEPOSIT IS _______TEN THOUSAND_______________________DOLLARS.
($__10,000.00____________)
Total deposit has been paid down by buyer to seller as deposit and in part payment of said purchase price.
INTENDING TO BE LEGALLY BOUND HEREBY, THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS AS PROOF OF THEIR UNDERSTANDING AS OF THIS DAY,
SEPTEMBER 15, 2010
Purchaser: __________________________________ Witness: ________________________
Print name
And Phone # _________________________________ ________________________
(GO TO LAST PAGE TO CONTINUE)
Purchaser: __________________________________ Witness ; ________________________
Print name
And Phone # ________________________________ ________________________
Seller: _____________________________________ Witness: ________________________
Print name
And Phone # ________________________________ _________________________
Seller: _____________________________________ Witness: ________________________
Print name
And Phone # ________________________________ Witness: ________________________
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