You will feel right at home in this welcoming St. Paul gem! Please make sure to notice all the great amenities this home has to offer, including; beautiful hardwood floors, vaulted ceilings, multiple skylights, 3 wood burning fireplaces, 4 bedrooms on one upper level, including the extensive master suite with private bathroom, main floor bedroom, huge lower level amusement room, plenty of kitchen counter space, tons of natural light, your choice of deck areas, and much more! Nestled in a convenient location; just one-half block from the beautiful Mississippi River and Boulevard, this home is close to everything! A short drive away you will find Hidden Falls Park, Highland National Golf Course, Fort Snelling State Park, and Downtown St. Paul and Minneapolis. Also nearby is the Mall of America, and numerous schools and parks!

Open House - Sunday, September 19th & Sunday, September 26th from 12:00 - 2:00

Online Auction concluding on September 29th, 2010 at 3:00 PM, for the property located at:
575 Mount Curve Boulevard, St. Paul, MN 55116

IMPORTANT INFORMATION - PLEASE READ CAREFULLY BEFORE BIDDING

Terms of Sale

By participating in the online auction you agree to these terms and make representations as set out herein. These terms are legally binding and if you violate any of them, Seller, Broker or Auctioneer may seek legal relief. If your bid on the property is accepted by the seller resulting in a fully executed purchase agreement contract, you will be required to put certified funds down as Earnest Money. This sale is not contingent on the buyer’s ability to obtain financing. Earnest Money is not considered an “Option” payment. You are agreeing to close on the property once a contract is fully executed by both the Buyer and the Seller. If you are not certain that you want to purchase the property, do not bid on it. If you have not inspected the property and desire to do so before purchasing the property, do not bid on the property until you have completed your inspection of the property and your own due diligence. Your Earnest Money deposit for the property will not be refunded under any circumstances.

1. Broker and Auctioneer: RE/MAX Resources ("Broker") and Brent Berry ("Auctioneer") are collectively acting solely as agent for the owner of the property and not as agent for any bidder at auction.
2. Conveyance of Property: The above described property ("Property") will be conveyed to the buyer free and clear of liens or encumbrances other than building use restrictions, easements, zoning ordinances, ad valorem taxes for the current year, any purchase money lien created by the buyer, any other matters of public record.
3. Property Condition: The Property will be sold in its "as is”, “where is" condition. Seller will not fix anything. The Seller, the Broker and the Auctioneer disclaim all guarantees, warranties, or representations of any kind as to the condition of the property, whether implied or at any time expressed, with regard to the Property. The bidder should conduct due diligence prior to bidding, with respect to title matters and property condition, or seek the advice of professionals with regard to those matters. Packets of information about the Property will be made available to prospective bidders. However, neither Seller, nor Broker, nor Auctioneer warrants the accuracy or completeness of the information contained in the packet.
4. Bidder Registration: All bidders who wish to bid in the auction must register with the Auctioneer or online to participate. Bidders must be at least eighteen (18) years of age and furnish a driver's license or other valid identification. The bidding will be open and everyone will have access to the bid history during the auction. The Auctioneer reserves the right to refuse to register or admit a bidder at the Auctioneer's sole discretion.
5. Pre-Approval Letter: All bidders will be required to submit a loan pre-approval letter or proof of funds before they will be able to submit bids on the property. This sale is not contingent on the buyer’s ability to obtain financing. If Buyer cannot obtain financing for any; and all reasons, earnest money shall be forfeited to Seller in its entirety.
6. Inspection: All bidders must fully complete their Property due diligence prior to bidding on the Online Auction. The Property may be made available for inspection by appointment only. Winning bidder shall represent, covenant, and warrant that they are purchasing the Property relying solely on their independent inspection of the property in it “As-Is”, “Where-Is” condition. Neither Seller, nor Broker, nor Auctioneer shall be liable for any allowance, adjustment, or revision based upon the failure of the Property, structures, or appliances to conform to any specific standards.
7. Purchase Agreement and Earnest Money Deposit: At the conclusion of the auction the Seller and the successful bidder shall enter into a Purchase Agreement Contract, requiring a “non-refundable” earnest money deposit of $10,000 in the form of a cashier’s check for the Property. The earnest money deposit shall be held at the Seller’s Brokers Trust Account to be applied to the purchase price at closing. Closing will take place at Seller’s and winning bidder’s agreed upon Title Company, and must occur on or before October 29th 2010 at 4:00 PM.
8. Possession: Buyer shall be entitled to possession of the Property upon closing and funding.
9. Buyer's Premium and Final Purchase Price: A "Buyer's Premium", equal to one (1.00%) percent of the successful bid price will be added to the high bid price for the Property, to arrive at a final purchase price ("Final Purchase Price"). For example, if the successful bid price for the Property is $100,000.00, then a Buyer's Premium, to be paid by the Buyer, will be added to the bid price to arrive at a final purchase price for the Property of $101,000.00. The Buyer's Premium does not create an agency relationship between the Buyer and the Broker or the Buyer and the Auctioneer. Broker and Auctioneer represent the Seller only.
10. Bidding: The high bidder, as recorded by the Auctioneer, agrees that the high bid is an irrevocable offer to pay the Final Purchase Price for the Property. It is the responsibility of every bidder to make certain that his or her bids are made known to the auctioneer. The Broker and the Auctioneer disclaim any responsibility or liability arising in any way from bids not spotted, executed or accepted. In the case of any dispute between bidders, the Auctioneer reserves the right, in the sole discretion of the Auctioneer, to reopen the bidding pursuant to terms determined by the Auctioneer in the Auctioneer's sole discretion. The Auctioneer, at the Auctioneer's sole discretion, may reject, disqualify or refuse any bid which Auctioneer believes to be fraudulent, illegitimate, offered in bad faith, or offered by someone not qualified to bid. The auction sale is complete when the Auctioneer so announces. Should a dispute arise between bidders after the completion of the auction, the Auctioneer's records shall be deemed conclusive in all respects.
11. Limitation of Liability: Neither Seller, Broker nor Auctioneer shall be liable for any damage or injury to person or property at or upon the sale premises. Each person entering in or upon the sale premises assumes any and all risks for the safety of such person, for the safety of any minors accompanying such person, and for any property belonging to such person or to such minor. Owner, Broker and Auctioneer disclaim any and all liability for lost or stolen property. .
12. Buyer's Failure to Perform: Should the successful bidder fail to perform the Buyer's obligations under the terms of the auction, in addition to other remedies available to the Seller by law, including the remedy of specific performance, the Seller may: a) resell the property at public or private sale and hold the Buyer liable for the payment of any deficiency purchase price, plus all costs incurred; and/or b) cancel the sale to the Buyer and retain as liquidated damages all deposits and payments made by the Buyer. All Auctioneer's commissions, incidental damages, court costs, attorney's fees and expenses inured by Auctioneer will be charged to the non-complying high bidder.
13. Agent/Broker Participation: Licensed real estate salespersons and brokers are invited to participate in representing bidders at the auction. A commission of (2.50%) percent will be paid to the broker who represents the Buyer at the auction and closing of the sale of the Property. Agents must register their clients at least 24 hrs prior to the auction with no exceptions. A buyer’s agent may only represent one (1) client at a set auction.
14. Severability: If any provision of this Agreement is declared or determined to be null, void, inoperative, illegal or invalid for any reason, the validity of the remaining parts, terms or provisions will not be affected thereby and they will retain their full force and effect, and said null, void, inoperative, illegal or invalid part, term or provision will not be deemed to be part of this Agreement.
15. Interpretation: Each party to this Agreement acknowledges that it has read, or has had the opportunity to read, the terms provided herein. The parties agree that this Agreement reflects the terms as agreed to by the parties hereto. In the event a term or terms is considered ambiguous, neither party hereto, nor their respective counsel, will be considered the draftsperson of this agreement for the purpose of causing the terms of this Agreement to be construed against a party hereto.
16. Governing Law: The parties hereto acknowledge and agree that this Agreement is made and entered into in the State of Minnesota, and will in all respects be interpreted, enforced and governed under the internal laws (and not the conflicts of laws) of the State of Minnesota. In the event that the parties hereto, or any one of them, litigate any actual or potential breach of this Agreement, the parties hereto stipulate and agree to jurisdiction and continuing venue for any such action in the State of Minnesota.
17. Rights Not Transferable: All rights granted herein are personal and exclusive to the registered bidder, and may not be assigned or transferred to another person or entity, by operation of law or otherwise. Any attempt to assign or transfer any such rights shall be void and unenforceable. No third party may rely on any benefit or right conferred herein or granted to any bidder. .
18. Binding Effect: Each party binds itself and its partners, representatives, employees, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, representatives, employees, successors, executors, administrators and assigns of such other party, in respect to the promises, representations, acknowledgements, covenants and responsibilities contained in this Agreement. .
19. All bids are placed in US Dollars.
20. Auction Conclusion: The conclusion of the auction will be 3:00 PM on September 29th. The auctioneer reserves the right of anti sniping, in the event that a bid is placed within 2 Minutes of the end of auction, the auction will automatically extend to provide an additional 2 minutes of bidding time. The time will continue to extend 2 minutes after each additional bid until such time that no bids are placed for 2 Minutes. Upon the elapse of 2 minutes after the last bid the auction will close.
21. Reserve Auction: This is a reserve auction and the Property has a reserve price. Winning Bid/High Bid is subject to seller approval.
22. While auction is "active", all bids should be placed online.
23. Seller will include the following personal property in the sale: Dishwasher, Garage Door Opener, Dryer, Microwave, Range, Refrigerator, and Washer
24. Seller will exclude the following real property from the sale: None
25. Seller reserves the right to postpone or cancel this auction at any time for any reason.
26. The high bidder will be notified via email after the auction ends.
27. If you are outbid by another bidder, you will receive an email notice so you can return and increase your bid if you so desire.
28. If there is more than one high bid at the same level (a tying bid), the bid first submitted will be honored.
29. Pre Auction Offers will be considered.