Omni National Bank Asset Auction - Dalton Georgia
Began: Monday, May 18, 2009 at 4:08 PM EDT
Ended: Saturday, June 27, 2009 at 3:00 PM EDT
Began: Friday, June 26, 2009 at 12:00 PM EDT
Ended: Friday, June 26, 2009 at 3:00 PM EDT
Location: 221 W. Crawford Street, Dalton, GA 30720
Began: Sunday, June 28, 2009 at 12:00 PM EDT
Ended: Sunday, June 28, 2009 at 5:00 PM EDT
Location: 221 W. Crawford Street, Dalton, GA 30720
Bank Asset Auction
Ordered Sold by FDIC
Selling Assets for: Omni National Bank Recievership
Bidding Starts Now!!! Bidding Ends
June 27th 2009 @ 3:00pm
Computers /Executive Office Furniture / Office Equipment / Storage & Shelving / File Cabinets and More!!!
METHOD OF PAYMENT: Credit Card Only! Your Credit Card will be charged at the end of the auction.
IMPORTANT: Single Day Removal - Items must be removed within scpecified dates and times! If you cannot remove within specified times, DO NOT BID!!
TERMS OF SALE
AUCTION CLOSING BEGINS: JUNE 27th @ 3pm
AUCTION PREVIEW DATE: JUNE 26th from 12pm till 3pm
AUCTION REMOVAL DATE: JUNE 28th from 12am till 5pm
REGISTRATION DEPOSIT: Worley Auctioneers requires a $100 registration deposit by Credit Card prior to bidding in order to participate in any auction. The $100 is NOT CHARGED, it is merely held by your Credit Card Company for the length of up 3 to 7 days. The $100 is Authorized Only, if you make purchases on an auction you will not be charged, this is a complete seperate transaction and you will have no charges against your account. This however may show up as a pending transaction on your account. This is an Industry Standard Practice among Internet Auctions.
This is an ONLINE ONLY AUCTION PLEASE DO NOT BID if you are unable to remove your items during the scheduled removal times NO refunds or chargeback's will be granted due to a lack of removal at the designated times. After the scheduled removal, items will be considered abandoned and you will be charged a removal fee for dispose of your items. WE DO NOT SHIP!
BUYERS PREMIUM: A 15% buyer's premium will be added to each purchase. If you bid $100.00 at check out you will be charged $115.00.
PAYMENT: Credit Card Only - Visa / Master Card / Discover / American Express
Increasing your own bid/Bidding Errors
TAX: A local sales tax of 7.0% will be applied to all sales.
Please be aware that many bidders routinely increase their own bid to price an item out of reach of other bidders. You should immediately review your bids once submitted. If you mistakenly increase your own bid, place your bidder number in the bid field, or make a typo you must immediately contact our office by email use the contact sheet on our website (we must have your request in writing). We will not reverse bids after the auction has closed no exceptions.
Staggered Closing: The online auction closes 10 items per minute This feature will close the bidding on intervals. This feature works great with the auto-extend feature to closely emulate a 'live' auction.
Dynamic Closing. The closing time of an asset is automatically extended an additional 5 minutes whenever a bid is placed within the last 5 minutes of the asset's closing time.
Bid Notification: If you have been outbid you will be notified by email ONLY UNTIL the last day of the auction --- starting at midnight EST the night before the ending of the auction notices are not sent.
To quickly review your bids and see if you have won you can utilize the 'review bids' feature. Items that they have been outbid on will be clearly marked
Winning Bidder Notification: You will be contacted by email ONLY (you are responsible for checking your email) If you feel you have won an item and have not received an email you must notify us by email no later than 9am the next day. If you do not receive a paid email invoice then you did not win any items at the online auction.
In the event an item is not available for pickup, the buyer must, notify our onsite staff and file a claim by replying to your original emailed invoice noting what was not available within 24 hours of the pickup date. After 24 hours, the Auctioneer and buyer agrees that no adjustment or refund will be made.
CAUTION: For demonstration purposes various equipment may be joined. Do not assume a lot consists of more than one item simply because they are connected or pictured together. Please inspect the lot numbers and read the descriptions.
Catalog Inaccuracies: You are bidding on the described item not the photo occasionally the wrong photo is displayed always read the item description.
WARRANTY & CONDITION OF ITEMS SOLD: All items are sold "AS IS, WHERE IS, with NO WARRANTY expressed or implied by the lot number affixed to the item. without any implied or expressed warranty. Keep in mind that these items are used and may have light surface scratches and or dents / dings. Preview is suggested in order to gauge the condition of each piece. Descriptions are believed to be accurate but not guaranteed. When you are not certain of the condition or use of an item please bid accordingly. You are bidding on the described item not the photo.
Bidders are responsible for their own removal. Any item NOT picked up by the set time will be considered abandoned. Removal shall be at the expense, liability, and risk of the purchaser. Purchases will be released upon presentation of a paid email receipt. Please insure that movers or anyone picking up items on your behalf have your paid receipt at the pickup location no items will be released without a paid email receipt.
IMPORTANT! The Auctioneer will have the option of reselling, removing, storing or abandoning, at the expense and risk of the purchase, items not paid for and/or removed within the specific time. The buyer agrees to pay all deficiencies, legal, collection; transportation and storage expenses associated with delinquent accounts or abandoned items.
CHOOSE WISELY: We want every one to get a good deal and most will. However, when you bid on the wrong item or decide an item is not suited for your intended use, our clients are not willing to assume the cost of your mistakes. When in doubt about condition, completeness or suitability for intended use, please bid accordingly.
The auctioneer reserves the right to add or remove items form the auction. Split or combined lots. Add minimum bids or reserve prices. Cancel, suspend, extend or reschedule an individual item and or auction event. Make change's to the auction closing times or inspection or removal times
Any controversy or claim arising out of or relating to this contract and/or agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgments upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue will be Hamilton County Ohio.
Liability: Auctioneers and Sellers liability shall be limited to the refund of bidders purchase price.
LIMITATIONS: The above-stated Conditions of Sale cannot be altered except in writing by The Auctioneer
First: you need to register to bid Go to the registration page put in your information, submit, you will receive an email with your bidder number and you will use the password that you created, then Go to the catalog place your bids also you can utilize the MAXBID system where you can put in your starting bid and your highest bid the computer will bid up to that point only if other higher bids are received.
Purchaser Eligibility Certification
By participating in this auction you agree that none of the following applies. Please read carefully to the terms listed below before you bid!
The purpose of the Purchaser Eligibility Certification is to identify Prospective
Purchasers who are not eligible to purchase assets of failed financial institutions from the Federal
Deposit Insurance Corporation under the laws, regulations and policies governing such sales.
Completion of the Purchaser Eligibility Certification, without modification, is a prerequisite to
any such purchase.
Affiliated Business Entity. An Affiliated Business Entity of a Prospective Purchaser
means its spouse, dependent child or any member of its household; or any entity that directly or
indirectly is under the control of the Prospective Purchaser, controls the Prospective Purchaser or
is under common control with the Prospective Purchaser.
Associated Person. An Associated Person of a Prospective Purchaser who is an
individual is (1) the Prospective Purchaser's spouse or dependent child or any member of the
household, (2) a partnership in which the Prospective Purchaser is or was a general or limited
partner, or (3) a corporation of which the Prospective Purchaser is or was an officer or director.
An Associated Person of a Prospective Purchaser that is an entity is (1) any individual or entity
that, acting individually or in concert with one or more individuals or entities, owns or controls
25 percent or more of the Prospective Purchaser; or (2) a managing or general partner of the
Contractor. A Contractor is any individual or entity that has submitted an offer to the
FDIC to perform services or has a contractual arrangement with the FDIC to perform services.
Delinquent Obligation. A Delinquent Obligation is any debt or duty to pay money to
the FDIC in excess of $50,000 (in the aggregate for all such debts or duties) that is more than 60
days delinquent, or any other failure to comply with the terms and conditions of a written
agreement with the FDIC that continues for more than sixty (60) days following notice. A
Delinquent Obligation does not include any debt that has been settled, nor any debt that has been
sold or transferred by the FDIC, nor any debt for which the FDIC has reported forgiveness of
debt through the issuance of an IRS form 1099, nor any debt discharged in bankruptcy.
Failed Institution. A Failed Institution is any bank or savings association that has been
under the conservatorship or receivership of the FDIC or of the Resolution Trust Corporation. It
includes any entity owned and controlled by such a bank or savings association.
FDIC. FDIC means the Federal Deposit Insurance Corporation, whether acting in its
corporate capacity or as conservator or receiver of a Failed Institution.
Prospective Purchaser. A Prospective Purchaser is any individual or entity that has made or intends to make an offer to purchase assets of a Failed Institution from the FDIC. For all purposes of this Certification, an "entity" includes any entity with a legally independent existence, including, without limitation, a trustee; the beneficiary of at least a 25% share of the proceeds of a trust; a partnership; a corporation; an association; or any other organization or society.
Substantial Loss. A Substantial Loss is (i) any debt or duty to pay money to the FDIC or a Failed Institution that has an outstanding balance of more than $50,000 and that is more than 90 days past due; (ii) an unpaid final judgment of more than $50,000 regardless of whether it is forgiven in a bankruptcy proceeding; (iii) a deficiency balance following a foreclosure sale of
more than $50,000 regardless of whether it is forgiven in a bankruptcy proceeding; or (iv) any loss of more than $50,000 reported on an IRS Form 1099-C (Information Reporting for Discharge of Indebtedness).
The undersigned hereby certifies that all of the following statements are true, correct and complete when made and will be true at closing of the sale.
A. FDIC Employees. The Prospective Purchaser is not an FDIC employee, the spouse of an FDIC employee, or the minor child of an FDIC employee.
B. Delinquent Obligors. Neither the Prospective Purchaser nor any of its Affiliated Business Entities has a Delinquent Obligation. Under certain circumstances, the
certification required in this paragraph may be waived. For more information about the waiver process and criteria, contact the FDIC sales representative. Note: If the sale is for FDIC real estate owned or items such as furniture, fixtures or equipment, artwork, automobiles or other tangible items, and the bid price will be less than $250,000 (per item or per pool), then the certification set forth in this paragraph B is not required.
C. FDIC Contractors. Neither the Prospective Purchaser nor any of its Affiliated Business Entities is a Contractor that has performed services within the past three years relating to any of the assets that the Prospective Purchaser might buy, unless the contract for services allows for the purchase of such assets. Under certain circumstances, the certification required in this paragraph may be waived. For more information about the
waiver process and criteria contact the FDIC sales representative.
D. Officers or Directors of Failed Institutions. Neither the Prospective Purchaser nor any of its Associated Persons has ever been an officer or director of a Failed Institution or of an affiliate of a Failed Institution who (1) has participated in a material way in one or more transactions that caused a Substantial Loss to any such Failed Institution; and (2) in connection with such Substantial Loss has been found by a court or administrative tribunal, or alleged in a judicial or administrative action brought by the FDIC or any
federal or state governmental entity to have (i) violated any law, regulation or order issued by a federal or state banking agency; (ii) breached a written agreement with a federal or state banking agency or with a Failed Institution; (iii) engaged in an unsafe or
unsound practice in conducting the affairs of a Failed Institution; or (iv) breached a fiduciary duty owed to a Failed Institution.
E. Debarment from Participation in the Affairs of a Failed Institution. Neither the Prospective Purchaser nor any of its Associated Person(s) has been removed from, or
prohibited from participating in the affairs of a Failed Institution by a final enforcement action by the FDIC or any other federal banking agency (Office of the Comptroller of the Currency, Office of Thrift Supervision, or the Board of Governors of the Federal Reserve
F. Pattern or Practice of Defalcation. Neither the Prospective Purchaser nor any of its Associated Person(s) has borrowed money or guaranteed loans in more than one transaction with the intent to cause a loss or with reckless disregard for whether such transactions would cause a loss to any financial institution insured by the FDIC, where these loans, in the aggregate, caused a Substantial Loss to one or more Failed Institutions.
G. Convicted of Certain Crimes. Neither the Prospective Purchaser nor any of its Associated Person(s) (1) has been convicted of committing or conspiring to commit any offense under Section 215, 656, 657, 1005, 1006, 1007, 1014, 1032, 1341, 1343 or 1344 of Title 18 of the United States Code affecting any Failed Institution; and (2) has defaulted on any debt or duty to pay money (including any guaranty) owed to the FDIC or any Failed Institution to such an extent that a judgment has been rendered in favor of the FDIC or the property securing the debt has been foreclosed on.
H. If Seller Financing Is Used. Neither the Prospective Purchaser nor any of its Associate Persons (1) has defaulted on any debts or duties to pay money (including any guaranty) to the FDIC or a Failed Institution that, in the aggregate, exceed $1,000,000, to such an extent that a judgment has been rendered in favor of the FDIC or the property securing the debt has been foreclosed on; and (2) has made any fraudulent misrepresentations in
connection with any of these debts or duties. This representation is not required, and has no effect, if the Prospective Purchaser does not finance any portion of the purchase price through financing offered by the FDIC.
I. Transactions Structured to Circumvent this Certification. Neither the identity nor form of the Prospective Purchaser, nor any aspect of the contemplated transaction, has been created or altered with the intent, in whole or in part, to allow an individual or entity who otherwise would be ineligible to purchase assets from the FDIC to benefit directly or indirectly from the proposed transaction.
Notice Concerning Legal Action
Any person who knowingly or willfully makes false or fraudulent statements or disclosures in connection with this Certification will be referred to the Office of Inspector General and/or the appropriate law enforcement officials for investigation and legal
enforcement and may be subject to fines and/or imprisonment (18 U.S.C. §§ 1001, 1007 and 1014).
PRIVACY ACT STATEMENT
The Federal Deposit Insurance Act (12 U.S.C. §§1819, 1821, and 1823), 5 C.F.R. Part 3201, 12 C.F.R. Parts 340 and 366, and Executive Order 9397 authorize the collection of this information. The FDIC will use the information to assist in the determination of whether a
Prospective Purchaser is eligible to purchase assets under the laws, regulations and policies pertaining to the FDIC. The FDIC may disclose this information: 1) to other federal, state or local agencies and to contractors to assist in the marketing or sale of assets; 2) to appropriate Federal, State or local agency or responsible authority, to the extent that disclosure is necessary
and pertinent for investigating or prosecuting a violation of or for enforcing or implementing a statute, rule, regulation or order, when the information indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by any statute, or by regulation, rule or order issued pursuant thereto; 3) to a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosure to counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law
proceedings, when the FDIC is a party to the proceeding or has a significant interest in the proceeding and the information is determined to be relevant and necessary; 4) to a congressional office in response to a written inquiry made by the congressional office at the request of the individual to whom the record pertains; or 5) in accord with any other routine use appropriate for
the FDIC's Insured Bank Liquidation Records, # 30- 64- 0013. Submitting this information to the FDIC is voluntary. Your failure, however, to submit all of the information requested and tocomplete the form entirely could result in your inability to bid on or purchase FDIC-held assets.
ESTIMATED REPORTING BURDEN
Public reporting burden for this collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Paperwork Reduction Act, Legal Division, FDIC, Washington, D.C. 20429; and to the Office of Management and Budget,
Paperwork Reduction Project (3064-0089), Washington, D.C. 20503. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.