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755 North Huron Avenue, Harbor Beach, MI 48441

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Coming to auction for the first time is a deep-water shipping port and 92.12+/- ac of industrial land in the Harbor of Refuge centrally located on Lake Huron only 2 hours NE of Detroit.

Harbor Beach is an important HUB and receives commodities including lignite and coal and is the only delivery option for fuel to the local coal fired power plant. The U.S. Fish and Wildlife Service uses the harbor to restock Trout populations in Lake Huron and the U.S. Coast Guard Station leases slips from the city owned marina and is responsible for the area between Port Sanilac and Caseville. PropertyID: 358909

Auctioned:
12:00 PM EST Friday, March 5, 2021

Auction Location:
On-Site and Live Online

Open to the Public:
11am-2pm Friday Feb 12th and 19th.

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:
Commencing at the South 1/4 corner of Fractional Section 1, Town 16 North, Range 15 East, City of Harbor Beach, Huron County, Michigan and running thence North 86 deg. 29' 55" East, along the South line of said Fractional Section 1, said line also being the South line of Lytle Street, 66 feet wide, a distance of 614.60 feet to a point on the centerline of Demay Street, 66 feet wide, thence North 03 deg. 04' 56" West, along the centerline of Demay street, a measured distance of 1319.74 feet (described 1320 feet) to the point of intersection of said centerline with the North line of McCash & Ingles First Addition to the Village of Sand Beach as recorded in Liber 1 of Plats, Page 27, Huron County Records; thence South 86 deg. 32' 03" West, along the North line of said McCash & Ingles First Addition to the Village of Sand Beach, said line being also the line between said Government Lots 3 and 4, a distance of 90.15 feet to a point on the West line of property formerly known as Chesapeake & Ohio (Pere Marquette) Railroad Right of Way; thence along the West line of said former Railroad, 110.70 feet along the Arc of a curve concave to the West, Radius 2839.93 feet, Chord bears North 16 deg. 37' 20" West, 110.70 feet to the Point of Beginning of the parcel of land herein being described; Proceeding thence from said Point of Beginning South 86 deg. 32' 03" West, a measured distance of 511.89 feet (described 510.48 feet) to a point on the new construction centerline of North Huron Avenue (M-25), width varies; thence North 16 deg. 57' 39" West, along said new construction centerline, a measured distance of 165.41 feet (described 163.28 feet) to an angle point in said construction centerline; continuing thence along said centerline, North 09 deg. 21' 17" West, a measured distance of 474.21 feet (described 481.92 feet) to a point; thence North 80 deg. 38' 43" East, a measured distance of 92.54 feet (described 93.07 feet) to a point on the tangent line of a curve on the East Right of Way line of Old M-25 Highway; thence South 82 deg. 37' 18" East, a measured distance of 291.40 feet (described 290.68 feet) top a point on the Westerly line of property formerly known as the Chesapeake & Ohio (Pere Marquette) Railroad Right of Way; thence along the Westerly line of said former Railroad Right of Way, 628.68 feet along the Arc of a curve concave to the West, Radius 2839.93 feet, Chord bears South 24 deg. 04' 51" East, a distance of 627.40 feet, to the Point of Beginning.

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

Escrow. Buyer acknowledges receipt of Joint Escrow Instructions (Addendum A) that amends escrow procedures for Buyer's down payment funds.

· Utility Easement Encroachment Disclosure. Buyer understands and acknowledges that based on survey information, structural improvements appear to encroach upon a utility easement located on the Property. Buyer should investigate and determine property boundaries and possible encroachments prior to bidding. Buyer agrees to accept in 'as-is, where-is' condition, and accepts all responsibility for any encroachment, including any and all remediation, costs, or fees associated with said encroachment.

· The Property is subject to ongoing remediation activities which are being completed ("Ongoing Remediation Period"). There is not a time definite for the end of the Ongoing Remediation Period, but the remediation efforts will be continuous and pursued faithfully until complete, and the Seller is able to obtain a No Further Action Letter from the Michigan Department of Environmental Quality, and/or satisfied all requirements of the MDEQ. Information regarding the remediation efforts are part of the due diligence materials that can be obtained by submitting an executed non-disclosure and confidentiality agreement.

The High Bidder acknowledges and agrees that the Property will not convey to the High Bidder until the end of the Ongoing Remediation Period. Seller may, in its sole discretion, allow Purchaser access to the Property during the Ongoing Remediation Period but is not obligated to do so. During the Ongoing Remediation Period, Seller shall remain liable for any costs associated with the Property including real estate taxes. Seller shall pay, at Closing, all real estate and outstanding ad valorem taxes and assessments that are due and payable as of Closing. Real estate taxes, ad valorem taxes and assessments that are not yet due and payable shall be prorated as of the Closing Date.
Once the Ongoing Remediation Period is over, the parties will proceed to Close. Effective as of the Closing Date, the Seller shall have paid for, obtained and delivered to Purchaser a fully-bound and paid pollution legal liability insurance policy ("PLL Policy") which shall provide the following coverage:

· The pollution legal liability insurance policy shall have a five (5) year term with a coverage amount not less than One Million Dollars ($1,000,000.00) and a deductible not more than Five Hundred Thousand Dollars ($500,000), covering, whether on or off the Property: (i) known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions (including those arising from violations of or non-compliance with Environmental Laws); (ii) bodily injury and property damage claims related to known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions; (iii) natural resource damages; (iv) reopeners after regulatory closure; (v) transportation of known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions; (vi) remediation costs related to the preceding items; (vii) third-party claims for off-site cleanup, bodily injury and property damage resulting from known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions on and off-site; and (viii) Pollution Conditions at non-owned locations, including disposal sites, and naming the Purchaser as additional insureds and providing for any other term or condition reasonably requested by the Purchaser.
Effective as of the date of Closing, Purchaser will grant an irrevocable, perpetual, non exclusive access easement to Seller to permit Seller and its agents, contractors and employees to enter upon the Property for the purpose of groundwater monitoring as required by the State of Michigan ("Monitoring"). The easement, together with the rights and benefits thereof, shall (a) run with the Property, and (b) shall be for the benefit of and binding upon Purchaser, Seller and their respective successors and assigns. Seller shall conduct Seller's Monitoring at its sole cost and expense. Seller shall not permit any mechanics' liens to be filed in connection with Seller's Monitoring. In the event a mechanics' lien shall be filed in connection with Seller's Work, Seller shall immediately cause the mechanics' lien to be dismissed at Seller's sole cost.

Seller agrees, as with respect to the terms of this Agreement and the activities undertaken for Monitoring, that Seller, its affiliates, and contractors will (i) maintain in full force and effect insurance of the types, on the terms and in the amounts commensurate with its business and risks associated therewith ("Insurance") and to comply with applicable workers compensation insurance laws regarding insurance or qualification as a self-insurer; (ii) to the extent permitted by law, to waive rights of subrogation and contribution against Purchaser under all policies of Insurance, including Purchaser as an additional insured, under policies of Insurance, excluding workers compensation; (iii) the amount of Insurance shall be no less than $2 million under all of the policies of Insurance; (iv) to ensure that the policies of Insurance requested are primary to any insurance available to Purchaser; and (v) upon Purchaser's request, to timely provide written certification confirming the required Insurance.
Seller will indemnify and hold harmless Purchaser, its officers, directors, employees, and agents ("Indemnitees") from and against all claims, damages, losses, judgments, executions and expenses arising out of or resulting solely from property damage or personal injury related to the Monitoring, unless caused by the negligence or intentional acts of Indemnitees.

Certain Definitions:
"Environmental Laws" means any and all applicable Laws, both procedural and substantive, relating to protection, conservation, or preservation of the natural environment or natural resources, including ambient air, wildlife or plant species, surface water or groundwater resources, or soil and other subsurface strata, along with any and all applicable Laws governing or applicable to Pollution Conditions, Remediation or Reclamation, registration, use, storage, management, treatment, or disposal of Pollutants or Hazardous Substances, such as the CCR Rule.
"Governmental Authority" means any federal, state, local, municipal or foreign governmental or regulatory authority, agency, department, branch, official, entity, instrumentality, political subdivision, utility commission, other commission, body, court or other government or quasi-governmental authority.
"Law" means any or all U.S. federal, state, or local laws, statutes, principle of common law, constitutions, acts, treaties, rules, codes, regulations, restrictions, ordinances, orders, decrees, approvals, directives, judgments, rulings, injunctions, writs and awards of, or issued, promulgated, enforced or entered by, any and all Governmental Authorities, or court of competent jurisdiction, or other requirement or rule of law, including Environmental Laws.
"New Pollution Conditions" means Pollution Conditions that occur on or after the Closing Date and do not constitute Pre-Existing Pollution Conditions.
"Pollution Conditions" means, with respect to any and all aspects of the environment associated with the Property, (including the former and current landfills, valley fills, ash disposal areas, salt ponds, ash piles, groundwater, perched water, surface water or impoundments, the atmosphere above, any underlying sediment, or any watercourse or body of water, along with the Land or the Buildings), the presence, disposal, discharge, dispersal, release, escape or migration of any Pollutants at, on, above, under, within, or migrating from or onto the Property, including former and current landfills, valley fills, ash ponds, ash piles, groundwater, surface water or impoundments, or any portion thereof, or which have migrated or emanated from or onto the Property, including into or upon the Land or any Buildings, the atmosphere or any watercourse or body of water (including underlying sediment), including groundwater and surface water, provided that such conditions are not naturally present in the environment in the amounts or concentrations discovered in the absence of any external activity or exacerbation, and provided, further, that the terms "migration" and "migrating" shall not include any intentional transportation and disposal of Pollutants at an off-property location outside of the Property.
"Pollutants" means any solid, liquid, gaseous or thermal irritant, waste or contaminant, or hazardous or toxic substance, material or waste, including ash, coal combustion residuals, Hazardous Substances (as defined herein), soot, acids, alkalis, or toxic chemicals, solid waste, universal waste, medical waste and waste material, radioactive material, asbestos or asbestos containing materials or by-products or progeny thereof. Pollutants include, but are not limited to, all of the following: hazardous wastes or constituents (as defined in Section 1004 of the federal Resource Conservation and Recovery Act); hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 et seq. ("CERCLA")); substances, materials and wastes that are now or become listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by EPA (40 CFR Part 302), and amendments thereto, as hazardous substances; substances, materials and wastes designated as "Hazardous Substance" pursuant to Section 311 of the Clean Water Act, or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1117); oil or petroleum products; chemical liquids or solid, liquid, or gaseous products; polychlorinated biphenyls; any substances, materials and wastes that are or become defined as a solid waste or toxic or Hazardous Substance, material, pollutant or contaminant under any existing or future reported decision of a federal, state, or local court of the state in which the Property is located, ordinances or regulations, or under any existing or future reported decision of a federal, state, or local court of the state in which the Property is located; and any substances, materials and wastes, the presence of which requires or may require investigation or Remediation under, or could give rise to liability under, any existing or future Environmental Law, or statutory or common law theory, all as amended, replaced or succeeded.
"Pre-Existing Pollution Condition" means that to the knowledge of Seller, the Pollution Conditions that are existing or present at, on, above, under, within or migrating from or onto the Property prior to the Closing Date, including the effects of continuing releases or migration of Pollution Conditions that exist before the Closing Date.

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
755 North Huron Avenue, Harbor Beach, MI 48441

Thank you for participating in this Williams & Williams Auction. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Good luck and good bidding!

Registration at the auction (online and/or in person) finalizes each bidder's agreement to the terms and conditions of sale as stated in the Contract and its Addenda which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. The High Bidder will be required to pay a Williams & Williams Technology Fee of $199 at closing. By bidding you are representing to Williams & Williams ("Broker" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. 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.

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% ($10,000 minimum) will be added to the high bid and included in the total purchase price.

Each high bidder must make a 10% non-refundable deposit per property ($5,000 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 the Technology Fee are due at closing. Closing costs generally range from $750-$3000 and include title exam, title policy, closing fee, filing costs and any other fees noted unless otherwise noted in the Contract.

The Parties acknowledge Buyer will tender the Down Payment in the form of a certified check, cashier’s check, money order, or personal/business check, and said instrument will be made payable to the Escrow Agent, or a wire shall be sent directly to the Escrow Agent, if permitted by the Contract. In those instances where the Down Payment instrument was transmitted to the Auctioneer, Auctioneer shall transmit the Down Payment instrument to the Escrow Agent upon Seller’s acceptance of Buyer’s offer. The Down Payment shall be held by Escrow Agent and disbursed to the Closer identified in the Contract for Sale prior to the Closing Date and following clearance of funds by the issuing financial institution.  Interest, if any, earned on the Down Payment shall be deemed part of the Down Payment and shall be applied together with the principal portion of the Down Payment to the Purchase Price.  The Parties agree that upon a fully executed Contract, the Down Payment is non-refundable, and, at Seller’s request, shall immediately be released to Seller in accordance with the Contract for Sale.

If Seller accepts Buyer’s high bid, then the Contract for Sale shall continue in full force and effect and the Closing Date shall occur per the terms of the contract, except as otherwise may be allowed in accordance with the terms of the Contract for Sale. Buyer(s) and Seller agree that Seller may terminate the Contract for Sale, in Seller’s sole and absolute discretion, in the event the Seller does not accept the Buyer’s high bid.   BUYER UNDERSTANDS AND AGREES IF SELLER HAS PERFORMED SELLER'S OBLIGATIONS UNDER THE CONTRACT FOR SALE, AND IF AT CLOSING THE BUYER FAILS TO PAY THE BALANCE OF THE PURCHASE PRICE OR TO PERFORM ANY OTHER OBLIGATIONS UNDER THE CONTRACT FOR SALE, THE DOWN PAYMENT WILL BE DISBURSED PURSUANT TO OF THE CONTRACT FOR SALE.  BUYER HEREBY DIRECTS ESCROW AGENT AND CLOSER TO DISBURSE THE DOWN PAYMENT FUNDS PURSUANT TO THE TERMS OF THE CONTRACT FOR SALE HEREIN.

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 the information contained on this property was obtained from official county maps or other sources deemed reliable but is not guaranteed and may be in error. Seller DOES NOT WARRANT the accuracy thereof. Seller has made no independent investigation of any information provided and assumes no responsibility for the providing of or absence of any information, whatsoever, or for the accuracy thereof.

All auctions are subject to court or seller approval. Seller has (7) business days in which to accept or reject the high bid received at auction and Buyer’s high bid is irrevocable during this time. 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.

 Auction Network
TERMS & CONDITIONS OF SERVICE

The property offered in this auction will be offered and sold by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). 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") 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: http://www.auctionnetwork.com/Site/TermsOfUse.asp, as amended from time-to-time by posted notices or oral announcements made during any auction.

Williams & Williams serves as the auctioneer, and represents the owner of the property at auction. The auction and conveyance of each property shall be governed by property specific Contract for Sale, Auction Day Notes, Disclosures, and the Williams & Williams Terms & Conditions of Sale. These documents govern your bid and the sale of each property, and can be accessed and reviewed at the Williams & Williams property specific web page.

DO NOT BID unless you have read the Williams & Williams Terms & Conditions of Sale, the Contract for Sale, Property Disclosures, and the Auction Day Notes for each property. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, AUCTION DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.

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.

In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale, the Williams & Williams Terms & Conditions of Sale shall control in each instance.

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, all properties auctioned are otherwise sold "AS-IS, WHEREIS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the respective seller, and with no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. 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 any claim adjustment or right to cancel 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 this 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).

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.

These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions 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.

You are registering to bid on the following properties, and as stated above, your bid, and the sale of the property, will be governed by the property specific Williams & Williams Contract for Sale, Disclosures, Auction Day Notes, and Terms & Conditions 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 PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, AUCTION DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.

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

Escrow. Buyer acknowledges receipt of Joint Escrow Instructions (Addendum A) that amends escrow procedures for Buyer's down payment funds.

· Utility Easement Encroachment Disclosure. Buyer understands and acknowledges that based on survey information, structural improvements appear to encroach upon a utility easement located on the Property. Buyer should investigate and determine property boundaries and possible encroachments prior to bidding. Buyer agrees to accept in 'as-is, where-is' condition, and accepts all responsibility for any encroachment, including any and all remediation, costs, or fees associated with said encroachment.

· The Property is subject to ongoing remediation activities which are being completed ("Ongoing Remediation Period"). There is not a time definite for the end of the Ongoing Remediation Period, but the remediation efforts will be continuous and pursued faithfully until complete, and the Seller is able to obtain a No Further Action Letter from the Michigan Department of Environmental Quality, and/or satisfied all requirements of the MDEQ. Information regarding the remediation efforts are part of the due diligence materials that can be obtained by submitting an executed non-disclosure and confidentiality agreement.

The High Bidder acknowledges and agrees that the Property will not convey to the High Bidder until the end of the Ongoing Remediation Period. Seller may, in its sole discretion, allow Purchaser access to the Property during the Ongoing Remediation Period but is not obligated to do so. During the Ongoing Remediation Period, Seller shall remain liable for any costs associated with the Property including real estate taxes. Seller shall pay, at Closing, all real estate and outstanding ad valorem taxes and assessments that are due and payable as of Closing. Real estate taxes, ad valorem taxes and assessments that are not yet due and payable shall be prorated as of the Closing Date.
Once the Ongoing Remediation Period is over, the parties will proceed to Close. Effective as of the Closing Date, the Seller shall have paid for, obtained and delivered to Purchaser a fully-bound and paid pollution legal liability insurance policy ("PLL Policy") which shall provide the following coverage:

· The pollution legal liability insurance policy shall have a five (5) year term with a coverage amount not less than One Million Dollars ($1,000,000.00) and a deductible not more than Five Hundred Thousand Dollars ($500,000), covering, whether on or off the Property: (i) known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions (including those arising from violations of or non-compliance with Environmental Laws); (ii) bodily injury and property damage claims related to known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions; (iii) natural resource damages; (iv) reopeners after regulatory closure; (v) transportation of known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions; (vi) remediation costs related to the preceding items; (vii) third-party claims for off-site cleanup, bodily injury and property damage resulting from known and unknown Pre-Existing Pollution Conditions and New Pollution Conditions on and off-site; and (viii) Pollution Conditions at non-owned locations, including disposal sites, and naming the Purchaser as additional insureds and providing for any other term or condition reasonably requested by the Purchaser.
Effective as of the date of Closing, Purchaser will grant an irrevocable, perpetual, non exclusive access easement to Seller to permit Seller and its agents, contractors and employees to enter upon the Property for the purpose of groundwater monitoring as required by the State of Michigan ("Monitoring"). The easement, together with the rights and benefits thereof, shall (a) run with the Property, and (b) shall be for the benefit of and binding upon Purchaser, Seller and their respective successors and assigns. Seller shall conduct Seller's Monitoring at its sole cost and expense. Seller shall not permit any mechanics' liens to be filed in connection with Seller's Monitoring. In the event a mechanics' lien shall be filed in connection with Seller's Work, Seller shall immediately cause the mechanics' lien to be dismissed at Seller's sole cost.

Seller agrees, as with respect to the terms of this Agreement and the activities undertaken for Monitoring, that Seller, its affiliates, and contractors will (i) maintain in full force and effect insurance of the types, on the terms and in the amounts commensurate with its business and risks associated therewith ("Insurance") and to comply with applicable workers compensation insurance laws regarding insurance or qualification as a self-insurer; (ii) to the extent permitted by law, to waive rights of subrogation and contribution against Purchaser under all policies of Insurance, including Purchaser as an additional insured, under policies of Insurance, excluding workers compensation; (iii) the amount of Insurance shall be no less than $2 million under all of the policies of Insurance; (iv) to ensure that the policies of Insurance requested are primary to any insurance available to Purchaser; and (v) upon Purchaser's request, to timely provide written certification confirming the required Insurance.
Seller will indemnify and hold harmless Purchaser, its officers, directors, employees, and agents ("Indemnitees") from and against all claims, damages, losses, judgments, executions and expenses arising out of or resulting solely from property damage or personal injury related to the Monitoring, unless caused by the negligence or intentional acts of Indemnitees.

Certain Definitions:
"Environmental Laws" means any and all applicable Laws, both procedural and substantive, relating to protection, conservation, or preservation of the natural environment or natural resources, including ambient air, wildlife or plant species, surface water or groundwater resources, or soil and other subsurface strata, along with any and all applicable Laws governing or applicable to Pollution Conditions, Remediation or Reclamation, registration, use, storage, management, treatment, or disposal of Pollutants or Hazardous Substances, such as the CCR Rule.
"Governmental Authority" means any federal, state, local, municipal or foreign governmental or regulatory authority, agency, department, branch, official, entity, instrumentality, political subdivision, utility commission, other commission, body, court or other government or quasi-governmental authority.
"Law" means any or all U.S. federal, state, or local laws, statutes, principle of common law, constitutions, acts, treaties, rules, codes, regulations, restrictions, ordinances, orders, decrees, approvals, directives, judgments, rulings, injunctions, writs and awards of, or issued, promulgated, enforced or entered by, any and all Governmental Authorities, or court of competent jurisdiction, or other requirement or rule of law, including Environmental Laws.
"New Pollution Conditions" means Pollution Conditions that occur on or after the Closing Date and do not constitute Pre-Existing Pollution Conditions.
"Pollution Conditions" means, with respect to any and all aspects of the environment associated with the Property, (including the former and current landfills, valley fills, ash disposal areas, salt ponds, ash piles, groundwater, perched water, surface water or impoundments, the atmosphere above, any underlying sediment, or any watercourse or body of water, along with the Land or the Buildings), the presence, disposal, discharge, dispersal, release, escape or migration of any Pollutants at, on, above, under, within, or migrating from or onto the Property, including former and current landfills, valley fills, ash ponds, ash piles, groundwater, surface water or impoundments, or any portion thereof, or which have migrated or emanated from or onto the Property, including into or upon the Land or any Buildings, the atmosphere or any watercourse or body of water (including underlying sediment), including groundwater and surface water, provided that such conditions are not naturally present in the environment in the amounts or concentrations discovered in the absence of any external activity or exacerbation, and provided, further, that the terms "migration" and "migrating" shall not include any intentional transportation and disposal of Pollutants at an off-property location outside of the Property.
"Pollutants" means any solid, liquid, gaseous or thermal irritant, waste or contaminant, or hazardous or toxic substance, material or waste, including ash, coal combustion residuals, Hazardous Substances (as defined herein), soot, acids, alkalis, or toxic chemicals, solid waste, universal waste, medical waste and waste material, radioactive material, asbestos or asbestos containing materials or by-products or progeny thereof. Pollutants include, but are not limited to, all of the following: hazardous wastes or constituents (as defined in Section 1004 of the federal Resource Conservation and Recovery Act); hazardous substances (as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601 et seq. ("CERCLA")); substances, materials and wastes that are now or become listed in the United States Department of Transportation Hazardous Materials Table (49 CFR 172.101) or by EPA (40 CFR Part 302), and amendments thereto, as hazardous substances; substances, materials and wastes designated as "Hazardous Substance" pursuant to Section 311 of the Clean Water Act, or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1117); oil or petroleum products; chemical liquids or solid, liquid, or gaseous products; polychlorinated biphenyls; any substances, materials and wastes that are or become defined as a solid waste or toxic or Hazardous Substance, material, pollutant or contaminant under any existing or future reported decision of a federal, state, or local court of the state in which the Property is located, ordinances or regulations, or under any existing or future reported decision of a federal, state, or local court of the state in which the Property is located; and any substances, materials and wastes, the presence of which requires or may require investigation or Remediation under, or could give rise to liability under, any existing or future Environmental Law, or statutory or common law theory, all as amended, replaced or succeeded.
"Pre-Existing Pollution Condition" means that to the knowledge of Seller, the Pollution Conditions that are existing or present at, on, above, under, within or migrating from or onto the Property prior to the Closing Date, including the effects of continuing releases or migration of Pollution Conditions that exist before the Closing Date.

Property Type:
Land
Square Footage:
N/A
Lot Size:
92.12+/- ac
Year Built:
N/A
Property ID:
358909

Property is being offered by: Williams & Williams7140 S. Lewis Ave Ste 200, Tulsa, OK 74136800.801.8003

MI Broker: Daniel Scott Nelson Re Lic 6502380607 Williams & Williams Worldwide Real Estate, LLC Re Lic 6505363368

Live On Location
Live On Location
755 North Huron Avenue
Harbor Beach, MI 48441
High Bid:
$450,000
High Bidder:
On-site Bidder
Bidding Closed
Auctioned