Millersburg Real Estate Auction
0.569 Acres | 2,447 SQ. FT. Building | Holmes County | Village of Millersburg | West Holmes LSD
Bidding begins Closing Thursday October 5, 2023 at 6:00 P.M.
Open House: Tuesday September 26th 4 – 6 P.M.
Location: 50 No Name Street Millersburg, Ohio 44654
Directions: From S. Clay St. take No Name St. to location. On the corner of S. Monroe and No Name St.
Summary: Opportunity awaits. Located in the Village of Millersburg on 0.569 acres this 2,447 sq. ft. block building has endless possibilities. The building has 3 entry doors, 1 restroom and a metal roof. Whether used for office space, dance studio or etc. The property has a paved parking lot allowing for ample parking. The property is heated and cooled with 3 mini-splits and has city water and sewer. 50 No Name Street is zoned R-3 Village Residential. This is a single-family zoning district (meaning one dwelling unit per lot). Its previous non-conforming use as a dance studio could be continued, since to the best of our knowledge, it was still in use as such within the past 2 years, however any other commercial use would not be permitted without going through the change of zoning district process.
Legal: Holmes County Parcel 07-01488-000 Lot 88 in the Village of Millersburg, Hardy Township and West Holmes LSD. Taxes: Taxes are $769.78 per half year.
Real Estate Terms: 10 % Buyer’s Premium. 10% nonrefundable down payment day of sale with the balance due at closing. The sale is not contingent upon buyer securing financing and or any additional contingencies, property sells “AS IS”. Any required inspections must be completed prior to bidding. Sellers to transfer any and all owned mineral rights. Property sells subject to all articles of record. Announcements day of sale take precedence over all previous advertising and statement. Online Terms apply.
Sale by Order of: Allen and Debra Hoxworth
KAUFMAN REALTY & AUCTIONS
330.674.7355 or www.kaufman-auctions.com
Tim Miller, Realtor/Auctioneer
740.502.6786 or [email protected]
Dan Miller Millersburg Office Manager 330.763.4653 or [email protected]
read and do not understand these terms, do not bid. By bidding on the property, buyer agrees to all terms and conditions set
forth and enters into a contractual agreement to purchase the property under the following terms and conditions. (b) Any
inspection of the purchase and title documents by bidder's council must be done prior to bidding. (c) Any bid submitted
during the sale is binding upon the bidder until the sale is concluded and the winning bidder(s) are declared. It is possible the
previous bids can become the winning bids if other combinations cause them to move back into winning position. (d)
Combination bidding to begin. (e) Per Ohio Law all sales are with reserve unless otherwise stated. Bids remain binding upon
the bidder(s) until seller has confirmed or declined bids within 24 hours unless otherwise stated. (f) The auto-extend feature for
online only real estate sales will be 5 minutes for the first 30 minutes of extension. If there has been 30 minutes of extension past
the stated soft-close time the extension time will fall to 3 minutes. It is strongly advised bidders remain with the bidding platform
and are aware of any changes to the extension time. Each auction may have its own extension time. Please refer to individual
auction terms or contact agent/auctioneer for specific extension information.
2. ACCEPTANCE. Please read Kaufman Realty & Auctions, LLC’s, Kaufman Realty & Auctions WV, LLC’s, and Kaufman
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enforce all terms of sale included in accordance with these Terms & Conditions.
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additional terms and conditions are stated in the specific online auction in which You choose to participate. These additional
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reserves the right, at their discretion, to increase or decrease the bid increments. Bid Increment table hereto attached,
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14. WARRANTY OF ITEMS. All items are sold AS IS, WHERE IS, with NO WARRANTY, express or implied. All guarantees of authenticity,
express or implied, are hereby disclaimed. Dimensions given for items may be approximate measurements. Do not
assume a lot consists of more than one item simply because they are connected or pictured together. Please read the
descriptions carefully to determine what is included in each lot. There shall be no returns or exchanges of items purchased by
You. Kaufman makes all efforts to accurately describe items, but You accept any and all responsibility for viewing, verifying,
and purchasing items.
15. CHANGES IN CIRCUMSTANCES. All aspects of an online auction are subject to change without prior notice. Kaufman
reserves the right to (a) add or remove items from an online auction; (b) split or combine lots; (c) make changes to the online
auction ending times and pick-up date and/or time; (d) cancel, suspend, extend, or reschedule an individual item and/or
online auction event; and (e) take any other action Kaufman deems necessary to affect the fair conduct of online auction.
16. BINDING OFFER. Placing a bid constitutes a binding offer between You the Bidder and the Owner/Seller that cannot be
rescinded or retract-ed. If the bid is accepted by Kaufman (as determined by Kaufman in its sole discretion), You are
contractually obligated to buy the item at the price stated as Your bid, as well as other applicable taxes, fees, and buyer
premiums stated in the specific online auction you choose to participate in.
17. WITH RESERVE. Per Ohio Law all sales are with reserve unless otherwise stated. Bids remain binding upon the bidder(s) until
seller has confirmed or declined bids within 24 hours unless otherwise stated.
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18. PARTICIPATION. PRIOR TO BIDDING, IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THESE TERMS AND CONDITIONS,
ALL OF THE INFOR-MATION LOCATED ON https://www.kaufman-auctions.com/support (AND LINKS THEREIN), AND THE TERMS
AND CONDITIONS STATED IN THE SPECIFIC ONLINE AUCTION YOU CHOOSE TO PARTICIPATE IN. ENSURE THAT THE AUCTION
PICK-UP DATE AND TIME WORKS WITH YOUR SCHEDULE BEFORE BIDDING. KAUFMAN CANNOT GUARANTEE THAT YOU WILL BE
THE WINNER OF ANY ITEM. ADDITIONALLY, TIME IS OF THE ESSENCE IN RESPECT TO THESE TERMS & CONDITIONS.
19. PLACING A BID. Depending on the specific online auction, You may place bids in the following ways: (1) Max Bid; (2)
ForceBid/-JumpBid; and (3) Ultimate Choice Bidding Platform. (i.) Max Bid allows You to enter Your Max Bid and the system
will continue to bid for You by increments until it reaches Your Max Bid. (ii.) ForceBid/JumpBid is a bidding strategy by which a
bidder increases the bid by more than the next accepted bid (for exam-ple, placing your bid at $150 when the next accepted
bid is $125). This practice is used by some bidders to discourage others from bidding in hopes of acquiring an item at a
lower price. There are many theories on the effectiveness of this practice and if You choose to apply this practice, You do so
at Your own discretion. (iii.) If the Ultimate Choice Bidding Platform is being utilized, there is no max bidding feature. Once You
have clicked on the lot or combination of lots and click get price, You then have two options. You can simply click submit bid
to enter Your bid at the amount displayed or You can enter a higher bid in the space provided. Your bid will be implemented
at this amount. This is not max bidding, so the bid will be placed at the exact amount You enter. (iv.) If the specific auction
You choose to participate in is online only, bidding will begin at a certain time and date and end at a certain time and date.
Depending on the specific auction You choose to participate in, should a bid be placed within a certain amount of minutes
before the auction’s ending time, the ending time will automatically be extended from the time that bid is placed. The time
will continue to extend until the bidding activity has stopped. The online only auction closes when the timer on the auction
hits zero. The winning bidder of an item is the last bidder the bid history recorded before the timer hits zero. Kaufman, in its sole
discretion, may determine when and how long it chooses to extend the auction’s ending time. (v.) If the specific auction You
choose to participate is online and live (simulcast), pre-bidding will begin at a certain time and date and end at a certain
time and date. The actual live portion of the auction in which online and live bidding will occur will begin at a certain time
and date and end on the same date at a later time. You can read more about auction terminology and the bidding functions
and how they operate at: https://www.kaufmanauctions.com/support/terminology/.
20. BID NOTIFICATIONS. For the below notifications, if elected, You can also receive text notifications. Notifications can be
configured in Your Bidder Account. (i.) https://www.kaufman-auctions.com/support/bidding/how-to/; and https://www.
kaufman-auctions.com/support/bidding/. Outbid Alerts will be sent via email if You have been outbid. (ii.) High Bid Alerts
will be sent via email if You are the high bidder. (iii.) Low Bid Alerts will be sent via email if You are the low bidder.
21. PAYMENT TYPES. Kaufman accepts VISA®, MasterCard®, and Discover® as acceptable payment for items purchased.
Any purchase in excess of $2,500.00 must be paid via wire transfer. You may be required to present current identification
(such as a valid driver’s license or state ID) at time of pick-up. Items will not leave the auction premises until payment, including
all applicable taxes, fees, and buyer’s premiums, have been made in full. Payment type restrictions for an entire auction
or an individual item may apply. Please read the additional terms and conditions stated in the specific online auction in
which You choose to participate.
22. BUYERS PREMIUM & SALES TAX. If You are the successful bidder, You agree to pay the amount of Your bid plus the buyer’s
premium stated in the specific online auction in which You chose to participate in, plus any and all applicable state and
local sales taxes.
23. TAX EXEMPT. If You are a tax exempt bidder, it is Your obligation to go to Your Bidder Account and fill in Your tax exempt
number. You will also need to contact Kaufman to confirm Your status as a tax exempt bidder for the specific online auction
You choose to participate in.
24. PAYMENT INSTRUCTIONS. You will receive a final invoice via email when You are the winning bidder. Payment terms are
specified in the specific online auction’s terms and conditions in which You choose to participate in.
25. SHIPPING. Shipping may be available in some auctions but is not guaranteed to be available in any or all auctions. Please
check the specific online auction’s terms and conditions in which You to choose to participate in for shipping costs and
availability. Shipping is always at Your expense. Shipping insurance is recommended for all shipped items and must be
arranged by You. Kaufman is not responsible for items damaged during the shipping and handling process.
26. LIABILITY REGARDING PURCHASES. YOU AGREE THAT KAUFMAN SHALL NOT BE LIABLE FOR ANY LIABILITIES, CLAIMS, COSTS
AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS), DEMANDS FOR INJURIES, OR DAMAGES TO ANY PERSON OR
PROPERTY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, ANY SERVICES OFFERED BY KAUFMAN, AND ANY ITEMS
PURCHASED BY YOU ON THE WEBSITE.
27. FAILURE TO REMIT PAYMENT. Any items not paid for in accordance with these Terms & Conditions and the specific online
auction’s terms and conditions in which you chose to participate in will be forfeited by You and shall be deemed a breach.
Kaufman may, in its sole and absolute discretion, resell the items. Any default by You will be subject to any and all damages
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that Kaufman incurs, including but not limited to interest, collection fees, moving and disposal fees, and reasonable attorneys’
fees and costs. Your bidding privileges may be in jeopardy and may be revoked if You fail to remit payment for an
invoice issued. You are also advised that Kaufman may aggressively enforce its rights to the fullest extent of the law, including
civil and/or criminal prosecution.
28. TERMINATION. Kaufman reserves the right, in its sole and absolute discretion, to permanently terminate Your access to
Your Bidder Account at any time effective immediately, with or without notice, if We determine or suspect You have violated
these Terms & Conditions, any other specific terms and conditions of an online auction, any laws, or the rights of other users or
third parties. In the event of termination by Kaufman, Kaufman may pursue any remedy that may be available, at law or in
equity, with respect to such breach (including but not limited to recovery of the damages incurred by Kaufman set forth in
Paragraph 27 Regardless of the reason for any termination, You agree that Kaufman, in its sole discretion, may cancel all
current bids placed, withhold items not picked up, or otherwise retain any and all of Your pending purchases.
29. INDEMNITY. You agree to indemnify, defend, and hold Kaufman and its members, managers, directors, employees,
agents, affiliates, licensors, agents, and other partners (collectively, the “Indemnified Persons”) harmless from any loss, cost,
expense, liability, claim, or demand, including reasonable attorneys’ fees, suffered by any Indemnified Persons due to, arising
out of, or in connection with (i) Your use of the Website and any services offered by Kaufman; (ii) any violation by You of
these Terms and Conditions, any other specific terms and conditions of an online auction, and any applicable law; and (iii)
items purchased by You on the Website.
30. INTERRUPTION OF SERVICE. Kaufman shall not be responsible or liable for any interruption in service, errors, and/or omissions
caused by any means and does not guarantee continual, uninterrupted or error free service or use of the Website. With
current technology, it is not possible to develop and operate computer programs (software) and data processing systems
(hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. You acknowledge
that the Website is conducted electronically and relies on hardware and software that may malfunction without warning. In
the event of any malfunction relating to the Website, We, in Our sole discretion, may void any sale, temporarily suspend
bidding and/or re-sell any item/lot affected by any malfunction.
31. TRADEMARK. The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on the Website
belong to Kaufman or are used with permission. Nothing contained on the Website should be construed as granting any
license or right to use any Trademark displayed on the Website. Your use/misuse of the Trademarks displayed on the Website,
or any other content on the Website, except as provided in these Terms & Conditions, is strictly prohibited. You are also
advised that Kaufman will aggressively enforce its intellectual property rights to the fullest extent of the law.
32. GOVERNING LAW. These Terms & Conditions and their interpretation shall be governed by the laws of the state of Ohio.
33. JURISDICTION/VENUE. IN THE EVENT OF ANY DISPUTE ARISING OUT OF RELATING TO YOUR USE OF THE WEBSITE AND ANY
SERVICES OFFERED BY KAUFMAN, YOU AGREE THAT THE VENUE AND JURISDICTION FOR ANY DISPUTE SHALL BE SUBJECT TO THE
EXCLUSIVE VENUE AND JURISDICTION OF HOLMES OR TUSCARAWAS, COUNTY, OHIO IF THE ONLINE AUCTION IS CONDUCTED
BY KAUFMAN REALTY & AUCTIONS, LLC OR IN HARRISON COUNTY, WEST VIRGINIA IF THE ONLINE AUCTION IS CONDUCTED BY
KAUFMAN REALTY & AUCTIONS WV, LLC.
34. SEVERABILITY. The provisions of these Terms & Conditions and any additional terms and conditions stated in the specific
online auction in which You choose to participate in are severable, and if any part of them are found to be unenforceable,
the other para-graphs shall remain in full force and effect.
35. HEADINGS. The headings in these Terms & Conditions are included for convenience only and shall neither affect the
construction or interpretation of any provision in these Terms & Conditions nor affect any of the rights or obligations of You