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1 E Main Street, Falconer, NY 14733

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Office building with drive-up ATM lane and two additional teller lanes. Newer mechanicals, central A/C on first floor and large basement. Located at a signaled intersection and in close proximity to retail and local restaurants such as Tops Markets and CVS. Ample parking with surface lot and street parking. Ideal for bank, FCU or office use. 13,050+/- sf. Built in 1950. Taxes approx $15,800 ('16). KeyBank PropertyID: 352227

Auctioned:
7:00 PM EDT Wednesday, August 8, 2018

Auction Location:
On-Site and Live Online

Open to the Public:
11-2pm Friday July 20 and August 3

Nominal Opening Bid:
$50,000

Note: A Buyer's Premium (Buyer's Fee in WI) will apply for this property. Buyer pays a $199 Technology Fee at closing. Please see Terms of Sale for details.

Legal Description:
ALL THAT TRACT OR PARCEL OF LAND situate in the Village of Falconer, Town of Ellicott, County of Chautauqua and State of New York, being part of Lot No. 12, Township 2 and Range 1 of the Holland Land Company's Survey, further known and described as Lot No. 1 and the westerly 14 feet of Lot No. 2, Block A, on a map of the Estate of Ephraim Mosher, filed in the Chautauqua County Clerk's Office December 16, 1895, being Map No. 47, Cabinet 1, Section B, bounded and described as follows, as designated on said map: Beginning at the point of intersection of the northwesterly line of East Main Street and the northeasterly line of Work Street; thence northwesterly along the northeasterly line of said Work Street, 115 feet to the southeasterly boundary of an Alley; thence northeasterly parallel with Main Street and along the southeasterly boundary line of said Alley, 58 feet; thence southeasterly, parallel with the line first described and at a distance of 58 feet therefrom, 115 feet to the northwesterly line of East Main street; thence southwesterly along the northwesterly boundary of said East Main Street, 58 feet to the point or place of beginning. ALL THAT TRACT OR PARCEL OF LAND situate in the Village of Falconer, Town of Ellicott, County of Chautauqua and State of New York, being part of Lot No. 12, Township 2 and Range 1 of the Holland Land Company's Survey, further known and described as Lot No. 15 and the easterly 22 feet of Lot No. 16, Block A, on a map of the Estate of Ephraim Mosher, filed in the Chautauqua County Clerk's Office December 16, 1895, being Map No. 47, Cabinet 1, Section B, bounded and described as follows, as designated on said map: On the north by the southerly line of Falconer Street 65 feet; on the east by the westerly line of Lot No. 14, 115 feet; on the south by the Alley, 65 feet; and on the west by a line parallel to the secondly described line, at a distance of 65 feet therefrom, 115 feet, being the easterly line of premises conveyed by the Chautauqua National Bank of Jamestown to Walter L. Fuller and one by warranty deed dated October 4, 1957, and recorded in the office of the Clerk of the County of Chautauqua on October 10, 1957 in Uber 1090 of Deeds at page 597. ALL THAT TRACT OR PARCEL OF LAND situate in the Village of Falconer, Town of Ellicott, County of Chautauqua and State of New York, being part of Lot No. 12, Township 2 and Range 1 of the Holland Land Company's Survey, further known and described as the southwesterly 21 feet of Lot No. 16 and the southeasterly 71 feet of Lots Nos. 17 and 18, Block A, on a map of the Estate of Ephraim Mosher made by C. E. Bentley, Surveyor, in September 1894, filed in the Chautauqua County Clerk's Office December 16, 1895, being Map No. 47, Cabinet 1, Section B, bounded and described as follows: BEGINNING at a point in the northeasterly bounds of Work Street, which point is 44 feet southeasterly from the intersection of said northeasterly bounds of Work Street with the southeasterly bounds of Falconer Street; running thence northeasterly and parallel with Falconer Street about 87 feet to the southwesterly line of said Lot No. 16; thence northwesterly along the southwesterly line of said Lot No. 16, 44 feet to the southeasterly line of Falconer Street; thence northeasterly along the southeasterly line of Falconer Street 21 feet; thence southeasterly parallel with the northeasterly line of said Lot No. 16 and 22 feet southwesterly thereof, 115 feet to the northwesterly bounds of a public alley; thence southwesterly along the northwesterly bounds of said public alley about 108 feet to the northeasterly bounds of Work Street; thence northwesterly along the northeasterly bounds of Work Street 71 feet to the place of beginning.

Disclosures:
Deed Restriction Disclosure. Buyer understands that Seller will convey a warranty deed to the Property that includes use restrictions. Buyer acknowledges receipt of deed restriction document titled 'Declaration of Restrictions' and agrees to accept the conveyance document that includes the terms, conditions and restrictions set forth therein.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

Buyer acknowledges receipt and acceptance of the following documents available on the Property webpage at williamsauction.com: Survey

Auction Network Terms & Conditions of Service
Auction Network, LLC
Terms & Conditions of Service

All properties are offered for auction by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). Williams & Williams serves as the auctioneer and represents the owner of the property at auction. Any questions regarding the auction process or a property should be directed to Williams & Williams or its designated representative. Auction Network, LLC ("Auction Network") serves solely as the online bidding service (the "Service") provider for Williams & Williams. Your use of the Service is governed by these Auction Network Terms & Conditions of Service and the Auction Network Terms of Use located at the following URL: <https://www.auctionnetwork.com/terms-of-use,> as amended from time-to-time by posted notices or oral announcements made during any auction.

Auction and Sale Are Subject to Binding Terms & Conditions. You are registering to bid on the properties selected during the registration process, and your bid and the sale of the property are governed by the property specific Williams & Williams Contract for Sale, including all addenda, amendments, exhibits, disclosures (written and announced), and other documents attached thereto (together, the "Contract for Sale"), and the Sale Day Notes, Terms & Conditions of Sale, and Terms of Sale. Each of these documents are available for your review at the Williams & Williams property specific web page. DO NOT BID UNLESS AND UNTIL YOU REVIEW THESE DOCUMENTS. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE AND TERMS OF SALE. In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale and Terms of Sale, the Williams & Williams Terms & Conditions of Sale and Terms of Sale shall control in each instance.

No Warranty or Guarantee. Auction Network has no authority to, and does not provide any, guarantee, warranty, or covenant, of any kind or nature, regarding a property. Per the Williams & Williams Terms & Conditions of Sale and Terms of Sale, all properties auctioned are sold "AS-IS, WHEREIS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the seller and there are no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property to determine the suitability of each property prior to submitting a bid. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Williams & Williams. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for a claim adjustment or cancellation of a sale. Neither Auction Network nor Williams & Williams assumes any risk, liability or responsibility for the authenticity of the authorship of any property or livestock offered at auction (that is, the identity of the creator or the period, culture, source or origin, or lineage, as the case may be, with which the creation of any property is identified).

Cancellation; Liquidated Damages. If the high bidder breaches any portion of these Terms & Conditions, the auction Terms of Sale, or the Contract for Sale and/or fails to return executed copies of all required documents or the required down payment, the bidder's high bid offer shall be rejected by the seller and all rights to purchase the property, if any, shall terminate with the seller having the right to offer for sale or sell the property to another without limitation, and the bidder shall pay Williams & Williams liquidated damages in an amount equal to the bid deposit held on bidder's credit card at the time of registration (regardless of whether the bidder actually processed the bid deposit). The bidder hereby authorizes Williams & Williams to charge the credit card used to register for the Event in the amount of the hold to satisfy all or part of the liquidated damages owed to Williams & Williams by bidder. BIDDER AGREES THAT IT IS EXTREMELY DIFFICULT OR IMPOSSIBLE OR IMPRACTICAL TO ACCURATELY ESTIMATE THE AMOUNT OR EXTENT OF WILLIAMS & WILLIAMS' ACTUAL INJURY OR DAMAGE RESULTING FROM A MATERIAL BREACH OF THIS AGREEMENT BY THE BIDDER AND BASED ON THE UNCERTAINTY OF SUCH ESTIMATION, THE BIDDER AGREES THAT LIQUIDATED DAMAGES IDENTIFIED HEREIN ARE A PROPER REMEDY FOR BIDDER'S MATERIAL BREACH OF THIS AGREEMENT. THE BIDDER FURTHER AGREES THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN CONSTITUTES A REASONABLE AND SATISFACTORY PRE-BREACH ESTIMATION OF EACH PARTY'S DAMAGES, AND SHALL NOT IN ANY WAY BE CONSIDERED A PENALTY OR FORFEITURE.

Auctioneer Powers. The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Any property may be withdrawn by Auction Network or Williams & Williams at any time before the actual sale without any liability therefore. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he or she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject such advance.

Governing Law. These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions of Sale and Terms of Sale, as well as the online buyer's rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Oklahoma. By bidding at this auction, whether in person or by agent, order bid, telephone, online, or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma.

Internet & Network Disclaimer. Auction Network, Williams & Williams, and the Seller are not responsible for technical difficulties during online or remote bidding. Occasionally, the Auction Network online bidding interface may be unable to submit bids in the live auction due technical difficulties including, without limitation, the lack of sufficient communication infrastructure at the location of the live auction. Online bidders are advised to place an absentee bid at least 1 day prior to the live auction to ensure their bid is entered into the live auction on the online bidder's behalf.

Williams & Williams Terms & Conditions of Auction
1 E Main Street, Falconer, NY 14733

Registration at the auction confirms your agreement to the terms and conditions of sale as stated in the Contract for Sale and its Addenda (the 'Contract') which are incorporated by reference into your bidding. DO NOT BID unless you have registered, received a Bidder's Card and Auction Day Notes and have read and agreed to be bound by the terms of sale in the Contract as they are enforceable against you upon becoming a high bidder.  High Bidder will be required to pay a Williams & Williams Technology Fee of $199 at closing.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. Williams & Williams represents the Sellers only and does not inspect properties on bidder's behalf. Read the Contract and Auction Day Notes to determine the existence of any disclosures, exclusions, representations and disclaimers. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.

Buyers receive a deed and Title Insurance Policy as provided by the Closer indicated in the Contract (any mobile/manufactured housing not legally affixed to the property shall only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted in the Disclosures). Current year's taxes are pro-rated through day of closing as is customary.

A Buyer's Premium of 5% ($1,500 minimum) will be added to the high bid and included in the total purchase price. Please see the Auction Day Notes, The Contract for Sale, and/or the Auctioneer for specifics about the property you wish to bid on.

Each high bidder must make a 10% non-refundable deposit per property ($2,500 MINIMUM - whichever is greater) immediately following auction. Cash, cashier's checks, personal checks and business checks (electronically processed) are accepted. If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. The balance of the purchase price, all closing costs and technology fee are due at closing. Closing costs generally total approximately $1,500 and include title exam, title policy, closing fee, filing costs and any other fees noted.

Bidding starts at the nominal Opening Bid(s) indicated and is open to the public. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down lots and/or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, and to cancel or re-schedule an auction. The Auctioneer will call the sale and control any increments of bidding. To make a bid, raise your hand or Bid Card to be recognized. The bidding usually takes less than 3 minutes for each property. Absentee bids may be accepted at the discretion of the Auctioneer. The Auctioneer reserves the right to enter bids on behalf of absentee bidders. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Auctioneer's attention and corrected. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.

Your inspection of the property(ies) and attendance at this auction are at your own risk. Broker and Seller, their agents and employees, expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(ies). All persons enter the property(ies) and attend the auction at their own risk and shall defend, indemnify, and save harmless Broker and Seller, their agents and employees, from any and all liability attendant thereto.

All auctions are subject to court or seller approval. Most sales are approved within 14 days. Buyers are not allowed possession until Closing and filing of the deed, at which time the property should be re-keyed. If for any reason the court or Seller approval is not granted, the Down Payment shall be returned in its entirety to the high bidder. "Showing" requests from Buyers after the auction may not be able to be accommodated.

If more than one property is being auctioned, the Auctioneer may choose to offer a group of the properties for auction at the same time. This is called "BUYER'S CHOICE" and is to accommodate buyers who have an interest in more than one property and/or have 2nd and 3rd choices if they are out bid for a favorite property. Upon winning the bid, please choose which property, or properties, you want. You pay the high bid price for each property selected. Each sale is final and stands alone. Remaining properties are then offered in another round of bidding. Anyone may bid at any time, including prior High Bidders.

Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Please read the Contract and Auction Day Notes for a full and complete understanding of Williams & Williams and Seller's disclaimers. Bidders are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the Seller or their agents and employees. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.

Disclosures:
Deed Restriction Disclosure. Buyer understands that Seller will convey a warranty deed to the Property that includes use restrictions. Buyer acknowledges receipt of deed restriction document titled 'Declaration of Restrictions' and agrees to accept the conveyance document that includes the terms, conditions and restrictions set forth therein.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

Buyer acknowledges receipt and acceptance of the following documents available on the Property webpage at williamsauction.com: Survey

Property Type:
N/A
Square Footage:
13,050+/- sf
Lot Size:
N/A
Year Built:
1950
Property ID:
352227

Property is being offered by: Williams & Williams2448 E. 81st Street, Suite 2600, Tulsa, OK 74137800.801.8003

NY Broker: Philip R. Heiliger Re Lic 10311207661 Williams & Williams Re Lic 109911428

Live On Location
Live On Location
1 E Main Street
Falconer, NY 14733
High Bid:
$70,000
High Bidder:
jsirianno
Bidding Closed
Auctioned