Full Conditions of Sale for 1201 Lowry St.
Conditions of Sale
THESE CONDITIONS OF SALE AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
1. INTRODUCTION
Thank you for your interest in this property! To learn more about bidding on this property, please read these Conditions of Sale in their entirety.
These Conditions of Sale are intended to help guide you through the online judicial sale process in Pike County. Although they are legally binding on you, these Conditions of Sale do not cover all aspects of that process. You are encouraged to obtain the advice of counsel if you want to access and use the Websites.
2. BINDING CONTRACT
These Conditions of Sale are a binding contract between you and the Pike 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.
The defined terms “Website” and “Websites” means the auction websites of Roup LLC, including (i) www.roup.com, (ii) https://pikecountysheriff-il.roup.com, and (iii) other parts of www.roup.com divided by a subdomain.
All other defined terms (indicated by 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 them 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).
3. ALL JUDICIAL SALES ARE ONLINE
The Pike County Sheriff’s Office is conducting this auction online at https://pikecountysheriff-il.roup.com. As of July 3, 2023, the Pike County Sheriff’s Office no longer conducts in-person judicial sales.
4. 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 Pike 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.
5. BIDDING PERIOD
Online bidding is open for 3 day(s) starting on Mondays and ending on Thursdays at 10 am, unless extended. See paragraph 19 entitled “EXTENSION OF THE AUCTION” for more information about the possibility of an extension of the bidding period.
6. SALE DEPOSITS
The winning bidder must pay 10% of its total bid on the day the sale ends, and the balance of the bid within twenty-four (24) hours of the end of the auction, electronically by wire transfer or ACH as required by the title company. Cash and personal checks are not acceptable forms of payment.
7. FEES
The following fee schedule applies to this auction.
8. BUYER’S PREMIUM
A buyer’s premium is a charge calculated as a percentage of the winning bid. The amount of the charge is added to the winning bid to determine the total amount due for the property.
As an example, if the winning bid is $50,000 and the buyer’s premium is 2%, the charge for the buyer’s premium is $1,000 and the total amount due for the property is $51,000.
You should take the buyer’s premium into account when you decide how much to bid.
9. PAYMENT METHODS
Payments from Third Party Buyers must be made by wire transfer or other electronic payment. The Pike County Sheriff will not accept cash or checks from Third Party Buyers.
Payments from Plaintiffs may be made by wire transfer, electronic payment, or a check drawn on a law firm’s trust account.
10. HOW TO MAKE AN ELECTRONIC PAYMENT
If you are the winning bidder, you will receive payment instructions by email after the auction ends. These instructions will include wire transfer instructions or, if applicable, other electronic payment instructions.
11. THE AUCTION MIGHT BE CANCELED OR POSTPONED
An auction might be cancelled or postponed at any time. If this happens, a notice of cancellation or postponement will be posted on the property details page and, if you have registered to bid on the property, you will receive an email informing you of the cancellation or postponement.
12. CREATING AN ACCOUNT AND REGISTERING TO BID
Roup LLC provides the auction website for the Sheriff’s judicial sales. To bid on a property, you must create an account with Roup. Creating an account with Roup allows you to create login credentials (i.e., a username and password). You will have to create an account with Roup only once.
To bid on a property, you will have to register to bid on the property details page using your login credentials. If you want to bid on more than one property, you will have to register to bid on each property separately.
13. BIDDING AND MAXIMUM BIDS
Once you have registered to bid, you can bid one of three 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. 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.
14. THE OPENING BID
Anyone may enter an opening bid. Bidding does not need to start with the plaintiff’s opening bid.
15. HOW THE SYSTEM TREATS IDENTICAL BIDS
If more than one Person enters the same bid amount, the bid entered first will take priority.
16. MISTAKES IN BIDDING
Please review your bid carefully before you submit it! Neither the Pike County Sheriff’s Office nor Roup will be able to correct a bid you enter by mistake. You will have a chance to confirm your bid before entering it, so please review your bid carefully!
17. 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 time.” The auction will end after no bidding occurs during the anti-snipe time.
18. 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.
19. 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.
20. 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.
21. 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. Although information about the property has been obtained from sources thought to be reliable, the Pike 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.
22. 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.
23. 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.
24. 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.
25. LIMITATIONS OF LIABILITY
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COUNTY OF PIKE OR THE PIKE COUNTY SHERIFF’S OFFICE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, IN CONNECTION WITH, OR OTHERWISE DIRECTLY OR INDIRECTLY RELATED TO, WITHOUT LIMITATION, THE “SERVICE”, “CONTENT” OR ANY OTHER CONTENT, “USER SUBMISSIONS”, TRANSACTIONS, PROPERTIES OR OTHER PRODUCTS OR SERVICES. WITHOUT LIMITING THE FORGOING, TO THE FULLEST EXTENT PROVIDED BY LAW, THE COUNTY OF PIKE AND THE PIKE COUNTY SHERIFF’S OFFICE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO (I) YOUR USE OF THE “WEBSITES” OR THE “SERVICE”, (II) “USER SUBMISSIONS”, “CONTENT”, OR OTHER ITEMS OBTAINED THROUGH THE “SERVICE”, OR (III) YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE “SERVICE” OR ON ANY WEBSITES LINKED TO OR FROM IT.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF THE COUNTY OF PIKE OR THE PIKE COUNTY SHERIFF’S OFFICE WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING AN ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE “SERVICE”).
IF APPLICABLE LAW LIMITS THE APPLICATION OF THE FOREGOING LIMITATIONS OF LIABILITY, YOU AGREE THAT THE LIABILITY OF THE COUNTY OF PIKE AND THE PIKE COUNTY SHERIFF’S OFFICE WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.
26. RELEASE OF LIABILITY
The County of Pike and the Pike County Sheriff’s Office do not warrant that User Submissions or Content are complete, accurate, reliable, current, or error-free. As permitted by applicable law, you irrevocably agree to release and hold the County of Pike and the Pike County Sheriff’s Office and each of their elected and appointed officials and their employees harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to listings, properties, auctions, sales, User Submissions, and Content.
You understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
27. SEVERABILITY
If any provision of these Conditions of Sale is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be deemed severable from these Conditions of Sale, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Conditions of Sale. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
28. NO WAIVER
Any failure by the Pike County Sheriff’s Office to enforce any provision of these Conditions of Sale or to respond to your breach of these Conditions of Sale or to a breach of these Conditions of Sale by any other user shall not in any way constitute a waiver of the Sheriff’s right to enforce subsequently any terms or conditions of these Conditions of Sale or to act with respect to similar breaches.