SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLY BANKRUPTCY AUCTION
Listing ID#: 277568

Sale Location

BROWNSVILLE, TN 38012
Sale Dates and TimesSALE IS COMPLETED
Bidding Ends: Tuesday Oct 22
Sale Type
 Online Auction  VIEW ONLINE CATALOG
Company Information
Alexander Auctions & Real Estate Sales

Contact: Marvin E. Alexander
Phone: (731) 587-4244
Email: alexanderauctions@frontiernet.net
Website: www.AlexanderAuctions.com

EstateSale.com ID#: 9919
View company information and listings

Free Email Notifications

Sign up for the EstateSale.com email notifications and we will let you know about sales in your area!  You may set up alerts by area (zip and radius), keywords, and by company.  It is FREE and only takes a few seconds to sign up.

Listing Terms and Conditions
SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC
ONLINE ONLY BANKRUPTCY AUCTION
ROLLING STOCK INCLUDING VEHICLES, TRUCKS, CAMPERS, TRACTOR TRAILERS & CRANES LOCATED AT 1360 N. WASHINGTON AVENUE& 2000 TAMM STREET, BROWNSVILLE, TN 38012U.S. BANKRUPTCY COURT, CHAPTER 7, BANKRUPTCY CASE NO. 18-10261
MICHAEL T. TABOR, TRUSTEE
ON-LINE BIDDING TERMS & CONDITIONS
For 141 Units as One Lot and the Real Estate as Listed
BIDDING DATES: Bidding begins October 6, 2019; Bidding Ends Tuesday, October 22, 2019 at 5:00 PM
1. The property listed and described on the attached list (hereinafter “Rolling Stock”) will be offered under the following terms and conditions of sale, which terms and conditions of sale and descriptions of items listed on the Alexander attachment, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller.

2. These terms and conditions of sale and any announcements posted on Alexander Auctions’ website shall be binding on any bidder, whether present, represented by an agent or an absentee bidder. Buyers are bound by these terms and conditions of sale.

3. TERMS OF SALE:The Rolling Stock will be sold “As Is-Where Is”, without any warranty or representation of any kind or nature, express or implied; free and clear of liens except for mechanics’ liens which will be assumed by the Buyer. The warranty of fitness for a particular purpose is expressly excluded.

All property is sold “as is” and “where is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement set forth in the attached list or posted on Alexander’s website or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the descriptions or representations which were provided by the Debtor and listed on the attached or as to the condition of the item.

4. CONDITIONS OF ITEMS SOLD:All information is believed to be accurate, but the Auctioneer nor the Seller shall be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowances will be made, nor will thesale be set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed for any damaged articles, as all goods being exposed for public inspection and are sold “As Is” and without recourse.

5. Bidding shall begin October 6th, 2019 at 10:00 A.M. and shall end October 22nd, 2019 at 5:00 P.M.

6. CONDITIONS OF SALE: Property is being offered in an Online Only Auction.

7. BIDDING PROCEDURES TO GOVERN THE SUBMISSION OF COMPETING BIDS FOR ALL OF THE ROLLING STOCK AS FOLLOWS:

8. a. Due Diligence Period: Any interested party may inspect the Rolling Stock by contacting counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. All inspections must be concluded on October 10th, 2019. All bids will be without any contingencies or future due diligence, except as expressly set forth herein.
b. Submission of Bids: Marvin E. Alexander d/b/a Alexander Auctions and Real Estate Sales shall post an Online Auction for the Rolling Stock on his website: www.alexanderauctions.com. Competing bidders, if any, must submit a written competing bid through the online auction site to conclude at 5:00 p.m. CST on October 22, 2019, with a “soft closing/extended bid time” as will be further described on the live auction website.

c. Qualified Bids: In order to be considered a qualified bid (“Qualified Bid”), the competing bidder must submit an initial bid of at least Ten Thousand Dollars more than the stalking horse bid, which requires a bid of no less than Three Hundred Ten Thousand and No/100 Dollars ($310,000.00). Thereafter additional bid increments may be no less than One Thousand and no/100 ($1,000.00) Dollars. All competing bids shall include the following:

1) A Loan Commitment or Letter of Credit issued and dated within twenty (20) days prior to the date of the bid, from a financial institution acceptable to counsel for the Chapter 7 Trustee.

2) Each bid must provide that (i) The purchase price shall be “all cash” payable at the closing, and (ii) the bid shall not be contingent upon obtaining acquisition financing, the completion of any additional due diligence with respect to the Rolling Stock or any other contingency, other than the approval by the appropriate Bankruptcy Court approving the sale.

d. Required Matching Bid for Real Property: In addition to the bid for the Rolling Stock, the bidder must match the existing offer of Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) or any increased bid for the real property located at 1360 N. Washington Avenue, Brownsville, Haywood County, TN 38012 (Map 066, Parcel 029.01) (Real Property) under the same terms and conditions as the Sale Agreement attached to the Motion to Approve Sale Agreement Seeking to Sell Real Property on North Washington Street, Brownsville, TN 38012, Free and Clear of any Liens with the Liens to Attach to the Proceeds. (RD:393). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:393) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com.

e. Approval by Bankruptcy Court: At the conclusion of the online auction, to the extent that a Qualified Bid is made, the Trustee shall seek approval of the successful bidder by reconvening the hearing set for the Trustee’s Application for Authorization to sell Rolling Stock Pursuant To 11 U.S.C. § 363(b)&(f) and 11 U.S.C. § 704(a)(1), as modified herein, on October 24, 2019 at 9:30 a.m.

9. Property sells subject to approval of the Bankruptcy Trustee and the Bankruptcy Judge for United States Bankruptcy Court for the Western District of Tennessee, Eastern Division, in the case of Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261.

10. AUCTION ENDING: Alexander Auctions & Real Estate Sales Online Auctions are timed events and all bidding will close at the specified time subject to the Extended Bidding / Soft Close.

11. TIME EXTENSION / SOFT CLOSE: Alexander Auctions & Real Estate Sales Online Auctions have an auto-extend feature. The auto extension will apply to the Rolling Stock and the Real Estate in the Auction.

12. Each time a Bid is placed in the final five (5) minutes of the auction, the auction ending time will be automatically extended five (5) minutes from the time the bid was placed on the Rolling Stock and the Real Estate. Example: If an auction is scheduled to end at 5 P.M. and receives a bid a 4:56 PM, the close time of the auction automatically extends to 5:01 P.M. The auto-extend feature remains active on all Rolling Stock and Personal Property until no further bids are received within a five (5) minute time frame.

13. REFRESH BIDDING: Refresh your screen constantly during the closing minutes of the bidding or enable the “auto-refresh” feature.

14. BUYER’S PREMIUM: NO BUYER’S PREMIUM WILL BE ADDED OR CHARGED.

15. PAYMENT: Total purchase price for the Rolling Stock and Real Property must be paid on or before October 30th, 2019. The sales price will be presented to the Bankruptcy Judge on October 24th, 2019 for approval. The total purchase price will include the bid for the Rolling Stock and for the Real Estate located at 1360 N. Washington Avenue, Brownsville, TN 38012. (Please review the additional Real Estate Terms.) All payments must be made in U. S. currency by cash, wire transfer, cashier’s bank check, certified bank check payable to “Michael T. Tabor, Chapter 7 Trustee for SIMMCO, Case No. 18-10261.”

16. Should the successful bidder fail to pay the winning bid as provided herein, said bidder will be considered in default and will be black flagged in our database and shall be subject to damages resulting from said breach. Alexander Auctions & Real Estate Sales reserves the right to sell to the next highest qualified bidder in the event the successful high bidder does not comply with the terms of the sale. By bidding on the items in the Auction, the buyer agrees to all terms and conditions set forth.

17. REMOVAL: No item can be removed/ picked up until the total purchase price is paid. Without exception, each item of Rolling Stock including, all Vehicles, Trucks, Trailers, Buses, Travel Trailers, Cranes and other items must be removed from their current locationon or before Friday, November 15th, 2019 by 4:00 PM. Items must be picked up by appointment with prior arrangements coordinated through Alexander Auctions & Real Estate Sales (731) 587-4244.

18. Pre-register on-line at www.alexanderauctions.com. When you register, you are agreeing to these terms and any additional terms posted on Alexander Auctions’ website.

19. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee and the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division.

20. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. Venue for any action arising out of or in connection with this online auction and any action whatsoever associated with the terms and enforcement of this online auction shall be the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division.

21. BIDDING: Execute your bids at www.alexanderauctions.com. All bids must be raised in increments of $1,000.00. Bids cannot be retracted. When you place a bid, the bidder is legally obligated to purchase the total 141 units as one Lot if their bid is the successful high amount, plus the bidders must match the bid for the real property located at 1360 N. Washington Avenue, Brownsville, Haywood County, Tennessee, as provided herein. Bidders may place a “max bid” on any item, meaning your bid will be automatically raised to the next increment when needed.

22. MINIMUM BID:The minimum bid for 141 units as one Lot is $310,000.00 for all Rolling Stock. The minimum bid for the Real Estate, located at 1360 N. Washington Avenue, Brownsville, TN 38012, consisting of a commercial building and 4.86 acres, is $210,000.00.

23. The Buyer of the Rolling Stock must purchase the Real Estate at a price matching the highest bid received on the Real Estate.

24. All items are considered to be in used condition and being sold “as is”“where is” and without recourse and with no warranty, guaranty as to operating condition, physical condition for a particular purpose or fitness for use. You should make an inspection of these items beforehand and be satisfied with their condition. Vehicles, Trailers and Miscellaneous Items are not warranted as merchantable or fit for any particular purpose or particular use, and no claim may be made by purchaser relating to the condition or use of articles purchased or for proximate or consequential damages arising there from.

25. Description of vehicles, trailers, tractors, equipment and miscellaneous items are not guaranteed as to any matter, including type motor, transmission, shift speed, rear ends or any equipment specifications.

26. Alexander Auctions & Real Estate Sales is providing internet pre-auction on-line bidding as a service to bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall bidder have any kind of claim against Alexander Auctions & Real Estate Sales or Seller or anyone else if the internet service fails to work correctly during the bidding time period.

27. Bidder should make all bids knowing that items are used and may be damaged and not working correctly.

28. Bidders who bid off-site and do not preview vehicles, trailers, tanks and items understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor and place their bid accordingly.
29. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that all property, whether real or personal, is purchased absolutely “as is” with no warranty whatsoever as to the condition of the same.
30. COMPLIANCE WITH THE TERMS OF SALE:Should the high Bidder default in failing to pay the full purchase price or in any other terms provided herein, said purchaser shall be deemed in default and subject to damages. Lots not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency together with all expenses and costs of re-sale will be the responsibility of the defaulting purchaser. Each buyer in making a bid does herewith agree to comply with the terms and conditions as herein stated and as otherwise set forth. The failure or default by a successful buyer to fully comply with the terms and conditions herein will be treated as an immediate breach. There shall be no further notice required to the buyer once a default has occurred. If any action is necessary for the collection of any sums due hereunder or to enforce the terms of this on line auction, by suit or otherwise, or to enforce collection, the successful bidder agrees to pay all costs of collection and litigation, together with a reasonable attorney’s fee.
31.SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation.
32. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and environmental protection agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from.
33.CONFIRMATION OF PURCHASE: Title to personal property shall pass to the buyer at closing subject to the compliance by the buyer of the conditions of sale. All sales are final. Alexander Auctions & Real Estate Sales and the seller do not and will not be responsible for or furnish any security for sold items.
34. SALES TAX:Buyer is responsible for payment of any applicable sales tax upon transfer and registering of the involved certificate of titles.
35. INDEPENDENT CONTRACTOR:The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.
36. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held.
37.RECORDS:The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute.
38. NOMINAL BIDS:Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgement it may affect the sale negatively.
39. Alexander Auctions & Real Estate Sales will not be responsible for any missed bids from any source.
40. During this auction process there is a chance that you will be outbid. At that time, you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding.

If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed.
41. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Alexander Auctions & Real Estate Sales or the Seller.
42. In the event that there are technical difficulties related to the server, software or any other online auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary.
43. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations.
44. All bidders acknowledge and accept by signature these terms and conditions provided at time of registration by registering and bidding during the sale.
45. Alexander Auctions & Real Estate Sales reserves the right to revise The Terms and Conditions.

SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC
ONLINE ONLYBANKRUPTCY AUCTION
COMMERCIAL BUILDING & 4.86 ACRES LOCATED AT
1360 N. WASHINGTON AVENUE, BROWNSVILLE, TN 38012
U.S. BANKRUPTCY COURT, CHAPTER 7, BANKRUPTCY CASE NO. 18-10261
MICHAEL T. TABOR, CHAPTER 7 TRUSTEE
ONLINE BIDDING TERMS & CONDITIONS
BIDDING DATES: Bidding Begins October 6, 2019; Bidding Ends Tuesday, October 22, 2019 at 5:00 PM
PROPERTY LOCATION: 1360N. Washington Avenue, Brownsville, TN 38012

Michael T. Tabor, Chapter 7 Bankruptcy Trustee, has been authorized by order of the United States Bankruptcy Court to sell this property pursuant to this notice.

1. Commercial Building & 4.86 Acres, located at 1360 N. WASHINGTON AVENUE, BROWNSVILLE, TN 38012 (hereinafter “Real Property”).

Map: 066, Parcel: 029.01, in the Haywood County Tax Assessor’s office
Deed Reference: Record Book 81, Page 302, in Register’s Office of Haywood County, TN
Zoning - Residential – R1

Legal Description:
Beginning at a point in the south right of way of 79 Highway or North Washington Street, 50 feet from center, said point being in line with the center of a concrete box culvert under the highway, said point being the northwest corner of Blurton as recorded in Deed Book 190, Page 42, Register’s Office, Haywood County Courthouse, Brownsville, Tennessee, and point also being the northwest corner of the following described tract: thence N 70° 50’00” E 460.00 feet along the south right of way of 79 Highway to an iron pin found at the northeast corner of Blurton, Coulstons northwest corner; thence S 8° 48’ 18” E 406.25 feet along the west line of Coulston to a metal post found; thence S 9° 39’ 00” E 293.63 feet along the west line of Moses to a wood post found; thence S 12° 28’ 20” E 248.33 feet along the west line of Brownsville Associates to a point in the center of a ditch, iron pipe found on line 26.67 feet north of said center of ditch; thence along the center of said ditch with the following locative calls: N 37° 11’ 45” W 76.35 feet; N 37° 11’ 45” W 138.52 feet; N 38° 09’ 57” W 241.69 feet; N 39° 02’ 50” W 241.31 feet; N 35° 44’42” W 288.05 feet to the point of beginning, containing 4.86 acres. Said legal description being obtained from a survey dated December 30, 1996, prepared by Walter R. Powell, Registered Land Surveyor License No. 832, 320 South Washington, Brownsville, Tennessee.

Being the same property conveyed from David R. Blurton aka David R. Blurton, Sr. to Southern Industrial Mechanical Maintenance Company, LLC, by Quitclaim Deed of record in Record Book 81, at Page 302, in the Register’s Office of Haywood County, Tennessee.

2. The property listed and described above will be offered under the terms and conditions set forth herein, which terms and conditions of sale, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller.

3. These terms and conditions of sale and any announcements posted on Alexander Auctions’ website shall be binding on any bidder, whether present, represented by an agent or an absentee bidder. Buyers are bound by these terms and conditions of sale.

4. TERMS OF SALE: The property will be sold “As Is-Where Is”, without any warranty or representation of any kind or nature, express or implied; free and clear of liens except that buyer shall assume all past due and current ad valorem real property taxes. The warranty of fitness for a particular purpose is expressly excluded.

All property is sold “as is” and “where is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement posted on Alexander’s website or in the bill of sale or invoice, or deed or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the description of the Real Property, which was obtained through public records.

5. Purchaser to assume any city, county and state delinquent taxes plus the 2019 taxes.

6. CONDITIONS OF ITEMS SOLD: All information is believed to be accurate, but the Auctioneer nor the Seller shall be responsible for the correct description, authenticity, genuineness of or defect in any improvements on the real estate, and makes no warranty in connection therewith. No allowances will be made,nor will the sale be set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed for any damage to any improvements on the Real Property as such is being exposed for public inspection and sold “As Is” and without recourse.

7. Bidding shall begin October 6th, 2019 at 10:00 A.M. and shall end October 22nd, 2019 at 5:00 P.M.

8. PURCHASE AGREEMENT AND PAYMENT: At the close of the auction, the successful bidder will be emailed a Sales and Purchase Agreement to be executed and returned to the Trustee’s attorney, Stephen L. Hughes, P.O. Box 320, Milan, TN 38358within 48 hours of completion of the Auction along with the earnest money deposit of 10% of the successful bid amount. The within terms shall survive execution of the Purchase Agreement.

9. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee and the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division.

10. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. Venue for any action arising out of or in connection with this online auction and any action whatsoever associated with the terms and enforcement of this online auction shall be the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division.
11. BIDDING PROCEDURES REQUIRED BY TRUSTEE:

a) Due Diligence Period: Any interested party may inspect the Real Property by contacting counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 306 or shughes@kbhblaw.com. All inspections must be concluded on October 10, 2019. All bids will be without any contingencies or further due diligence, except as expressly set forth herein.

b) Submission of Bids: Competing bidders, if any, must submit a competing bid on this on line auction on or before October 22, 2019 and satisfy the requirements of subsections c through e below.

c) Qualified Bids: In order to be considered a qualified bid (“Qualified Bid”), the competing bidder must submit an initial bid of at least Ten Thousand Dollars more than the stalking horse bid, which requires a bid of no less than Two Hundred Twenty Thousand and No/100 Dollars ($220,000.00), under the same terms and conditions as the Sale Agreement attached to the Motion to Approve Sale Agreement Seeking to Sell Real Property on N. Washington Avenue, Brownsville, TN (RD:393). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:393) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com.
d) Thereafter additional bid increments may be no less than One Thousand and no/100 ($1,000.00) Dollars raise per bid. All competing bids shall include the following:
1) A loan commitment or letter of credit, issued, and dated within twenty (20) days prior to the date of
the bid, from a financial institution acceptable to counsel for the Chapter 7 Trustee.
2) Each bid must provide that (i) the purchase price shall be “all cash” payable at the closing, and (ii) the
bid shall not be contingent upon obtaining acquisition financing, the completion of any additional due diligence with respect to the Real Property or any other contingency, other than the approval by theappropriate Bankruptcy Court approving the sale.

e) Required Matching Bid for Rolling Stock: In addition to the bid for the Real Property, the bidder must match
the highest and best bid obtained via a simultaneous on-line auction being conducted by Marvin E. Alexander d/b/a Alexander Auction and Real Estate Sales for the “Rolling Stock,” under the same terms and conditions as set forth in the Order Re Trustee’s Application for Authorization to Sell Rolling Stock Pursuant To 11 U.S.C. §363(b)&(f) and 11 U.S.C. § 704(a)(1) (RD:428). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:428) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. The Rolling Stock consist of vehicles, campers, and trailers which are covered by a Certificate of Title, a list of which was attached as Exhibit “A” to the Trustee’s Application for Authorization to Sell Rolling Stock Pursuant to 11 U.S.C. § 363(b)(f), and 11 U.S.C. § 704(a)(1). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:394) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com.

f) Approval by Bankruptcy Court. At the conclusion of any competitive bidding as set forth herein, to the extent
that a Qualified Bid is made, the Trustee shall seek approval of the successful bidder by reconvening the hearing
set for the Motion to Approve Sale Agreement Seeking To Sell Real Property on N. Washington Avenue,Brownsville, TN, Free and Clear of Any Liens with the Liens to Attach to the Proceeds, as modified herein, on
October 24, 2019 at 9:30 a.m.

12. Prospective purchaser(s) should inspect and review the property to become familiar with the property boundary lines and the physical condition of the Improvements.

13. Property has not been recently surveyed and will be sold according to the legal description in the owner’s deed or a description prepared from the adjoining owner’s deed.

14. Property sells subject to approval of the Bankruptcy Trustee and the Bankruptcy Judge for United States Bankruptcy Court for the Western District of Tennessee, Eastern Division.

15. AUCTION ENDING: Alexander Auctions & Real Estate Sales Online Auctions are timed events and all bidding will close at the specified time subject to the Extended Bidding / Soft Close Ending.

16. TIME EXTENSION / SOFT CLOSE: Alexander Auctions & Real Estate Sales Online Auctions have an auto-extend feature. The auto extension will apply to the Real Estate in this Auction.

17. Each time a Bid is placed in the final five (5) minutes of the auction, the auction ending time will be automatically extended five (5) minutes from the time the bid was placed on each tract of Real Estate.Example: Ifan auction is scheduled to end at 5:00 P.M. and receives a bid a 4:56 PM, the close time of the auction automatically extends to 5:01 P.M. The auto-extend feature remains active on all tracts until no further bids are received within a five (5) minute time frame.The closing time is connected to the Vehicle & Equipment Auction included inBid this Auction.

18. REFRESH BIDDING: Refresh your screen constantly during the closing minutes of the bidding or enable the “auto-refresh” feature.

19. AUCTIONEER’S DISCRETION: Alexander Auctions & Real Estate Sales has full discretion to modify date and time, order and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies and convenience of Alexander Auctions & Real Estate Sales or the Seller. Alexander Auctions & Real Estate Sales reserves the right to modify, change or remove usernames at any time.

20. SERVER & SOFTWARE TECHNICAL ISSUES: In the event that there are technical difficulties related to the server, software or any other online auction related technology, Alexander Auctions & Real Estate Sales reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales nor the Seller will be held responsible for a missed bid or the failure of the software to function properly for any reason.

21. Internet Bidders who desire to make certain their bid is acknowledged should leave their maximum bid 24 hours before the Auction ends. Email notifications may be sent to registered bidders with updated information as deemed necessary by Alexander Auctions &Real Estate Sales.

22. If you have any problems with the website, call Marknet Customer Service at 1-888-307-6545 and/or Alexander Auctions & Real Estate Sales at (731) 587-4244 or (731) 225-1157.

23. Alexander Auctions & Real Estate Sales and Sellers reserve the right to set and change minimum starting bids and minimum bid increments to raise the bid.

24. Minimum starting bid is $220,000.00.

25. MINIMUM BID INCREMENTS: $1.000.00 after the $220,000.00 bid.

26. Possession of property given upon delivery of deed at closing.

27. Deed transfer will be by special trustee’s deed.

28. BUYER’S PREMIUM: NO BUYER’S PREMIUM WILL BE CHARGED.

29. BACK-UP BIDS: If you are not the successful bidder on the real estate and wish to make a back-up bid in case of default by the high bidder, please see Alexander Auctions & Real Estate Sales to receive a back-up bidder form.

30. OTHER CONDITIONS: Buyer(s) must be prepared to make a cash offer. There are no contingencies to this sale (i.e., financing, appraisal, repairs, or inspections). Therefore, you should be pre-qualified by a lender prior to bidding if you require financing. This property is being sold for cash “as-is, where-is” with a closing deadline as listed above. Time of payment and closing as provided herein is of the essence.

31. COMPLIANCE WITH THE TERMS OF SALE: Should the high bidder default in failing to pay the full purchase price or in any other term provided herein or the Purchase Agreement, said bidder shall be deemed in default and subject to damages. Real Property and the Rolling Stock not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency, together with all expense and costs of resale will be the responsibility of the defaulting purchaser. If the collection of any sums due hereunder is placed in the hands of an attorney, by suit or otherwise, to enforce collection, Purchaser agrees to pay all costs of collection and litigation, together with a reasonable attorney’s fee.

32. Bidders who bid off-site and do not make an inspection understand and acknowledge that they may not be able to inspect the property as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor.

33. Alexander Auctions & Real Estate Sales reserves the right to remove or cancel the bids and or bidding rights and privileges of any party at any time deemed not to be in the best interest of the Seller. The identity of all bidders will be verified, bidding rights are provisional and if complete verification is not possible, Alexander Auctions & Real Estate Sales will reject the registration, and bidding activity will be terminated if not approved by Michael T. Tabor, Trustee.

34. Alexander Auctions & Real Estate Sales is acting as an Advertising Agent and provider of the internet bidding platform.

35. ALEXANDER AUCTIONS & REAL ESTATE SALES INVOLVEMENT IN THIS CONTRACT: The Seller and buyer hereby agree that Alexander Auctions & Real Estate Sales is not part of the Sales Agreement.

36. Purchasers and purchaser’s representatives have had the opportunity to inspect this property and will agree to all bids and purchase said property as a result of their inspection.

37. Alexander Auctions & Real Estate Sales and Seller has not made, does not make, and expressly disclaims, any warranties, representations, covenants or guarantees, expressed or implied or arising out by operation of law, as to the merchantability, habitability, quantity, quality or environmental condition of the property or its suitability or fitness for any particular purpose or particular use.

38. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that the Real Estate is purchased absolutely “as is” with no warranty whatsoever as to the condition of the same.

39. No one should make a bid that he/she does not want to honor or is not financially able to honor.

40. No purchase is contingent on financing, appraisals, property or inspections or any other contingency.

41. Property and improvements are being sold in their present condition “as is”. No improvements will be made. There are no warranties or guarantees expressed or implied as to condition or fitness for use. The warranties of habitability and fitness for a particular purpose and particular use are expressly excluded.

Purchaser is to make their own inspection of the buildings, structures and land and bid according to their inspection and due diligence research. Alexander Auctions & Real Estate Sales will not be the Agent showing the property. Inquiries are to be directed to counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com.

42. Purchaser to make all repairs. Seller will not clean out or make any repairs to the Real Property or improvements.

43. Purchasers should contact their attorney to complete their Title Opinionbefore the Closing Time of the sale by the Bankruptcy Court. Contract does not provide for an extension due to an attorney failing to complete Title Work or your loan closing not being set up in time to meet the October 30th closing. Contact your attorney immediately!

44. RESTRICTIONS: All real estate sells subject to any and all existing matter of records and all easements, city, county and state, building, use or zoning laws and restrictions.

45. Purchaser(s) are informed that the Sellers and Alexander Auctions & Real Estate Sales are not experts or qualified to offer any information concerning environmental hazards, asbestos hazards, lead base paint, etc. and make no warranty, guarantee or statements in connection with such.

46. Purchaser(s) are informed that the Sellers and Alexander Auctions & Real Estate Sales are not experts or qualified to offer any information concerning structural condition, stage of repair, stage of completion, including utility connections, conditions and cost to fix, repair, or complete for use.

47. Auctioneer &Broker is not an expert in determining environmental hazards and hazardous material. Purchaser accepts this property in its present condition, agrees to hold harmless the Broker, his agents and Alexander Auctions & Real Estate Sales from any environmental hazards and the cost to defend himself, his agents or Alexander Auctions & Real Estate Sales from any claims.

48. Purchaser has had the opportunity to inspect the property and agrees to make all bids and purchase said property as a result of their inspection.

49. INDEMNIFICATION: Purchasershall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and environmental protection agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from.

50. CONFIRMATION OF PURCHASE: Title to personal property (Rolling Stock) and Real Property shall pass to the buyer at closingsubject to the compliance by the buyer of the conditions of sale. All sales are final. Alexander Auctions & Real Estate Sales and the seller do not and will not be responsible for or furnish any security for sold items.

51. INDEPENDENT CONTRACTOR: The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers.

52. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held.

53. RECORDS: The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute.

54. NOMINAL BIDS: Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgement it may affect the sale negatively.

55. Alexander Auctions & Real Estate Sales will not be responsible for any missed bids from any source.

56. During this auction process there is a chance that you will be outbid. At that time, you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding.

57. If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed.

58. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Alexander Auctions & Real Estate Sales or the Seller.

59. In the event that there are technical difficulties related to the server, software or any other online auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary.

60. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations.

61. All bidders acknowledge and accept by signature these terms and conditions provided at time of registration by registering and bidding during the sale.

62. Any real estate terms and information supplied in the terms and conditions concerning tax amounts and other information are supplied to accommodate the purchaser(s). It is the purchaser’s sole responsibility to have completed their own due diligence survey, research, inspection and checking and shall bid according to their research.

63. ADDITIONAL AUCTION INFORMATION: All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Personal on-site inspection of all property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record in the appropriate County Courthouse concerning subject properties.

64. All information used in the advertising and promotion of this auction has been obtained from public records and other sources deemed to be reliable and are believed to be true and correct. No warranties are made to this effect.

65. Property is being sold subject to these terms which will be incorporated into the sales contract for future reference.

66. All bidders agree and accept these terms and conditions and agree to bid according to these terms when they register for a bid number.

We appreciate you attending this Auction and we will be glad to answer any questions you may have.


















Listing Information













































































































































Photo Gallery

Save Listing As Favorite

Print Listing information

Share This Listing

  • Facebook
  • Email this Listing to a Friend






Sponsored Links

SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLY BANKRUPTCY AUCTION

Alexander Auctions & Real Estate Sales

Alexander Auctions & Real Estate Sales


Contact: Marvin E. Alexander
Phone: (731) 587-4244
Sale Location
1360 N. WASHINGTON AVENUE & 2000 TAMM STREET
BROWNSVILLE, TN 38012
Sale Dates and Times
Sale Terms and Conditions
SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLY BANKRUPTCY AUCTION ROLLING STOCK INCLUDING VEHICLES, TRUCKS, CAMPERS, TRACTOR TRAILERS & CRANES LOCATED AT 1360 N. WASHINGTON AVENUE& 2000 TAMM STREET, BROWNSVILLE, TN 38012U.S. BANKRUPTCY COURT, CHAPTER 7, BANKRUPTCY CASE NO. 18-10261 MICHAEL T. TABOR, TRUSTEE ON-LINE BIDDING TERMS & CONDITIONS For 141 Units as One Lot and the Real Estate as Listed BIDDING DATES: Bidding begins October 6, 2019; Bidding Ends Tuesday, October 22, 2019 at 5:00 PM 1. The property listed and described on the attached list (hereinafter “Rolling Stock”) will be offered under the following terms and conditions of sale, which terms and conditions of sale and descriptions of items listed on the Alexander attachment, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller. 2. These terms and conditions of sale and any announcements posted on Alexander Auctions’ website shall be binding on any bidder, whether present, represented by an agent or an absentee bidder. Buyers are bound by these terms and conditions of sale. 3. TERMS OF SALE:The Rolling Stock will be sold “As Is-Where Is”, without any warranty or representation of any kind or nature, express or implied; free and clear of liens except for mechanics’ liens which will be assumed by the Buyer. The warranty of fitness for a particular purpose is expressly excluded. All property is sold “as is” and “where is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement set forth in the attached list or posted on Alexander’s website or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the descriptions or representations which were provided by the Debtor and listed on the attached or as to the condition of the item. 4. CONDITIONS OF ITEMS SOLD:All information is believed to be accurate, but the Auctioneer nor the Seller shall be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowances will be made, nor will thesale be set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed for any damaged articles, as all goods being exposed for public inspection and are sold “As Is” and without recourse. 5. Bidding shall begin October 6th, 2019 at 10:00 A.M. and shall end October 22nd, 2019 at 5:00 P.M. 6. CONDITIONS OF SALE: Property is being offered in an Online Only Auction. 7. BIDDING PROCEDURES TO GOVERN THE SUBMISSION OF COMPETING BIDS FOR ALL OF THE ROLLING STOCK AS FOLLOWS: 8. a. Due Diligence Period: Any interested party may inspect the Rolling Stock by contacting counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. All inspections must be concluded on October 10th, 2019. All bids will be without any contingencies or future due diligence, except as expressly set forth herein. b. Submission of Bids: Marvin E. Alexander d/b/a Alexander Auctions and Real Estate Sales shall post an Online Auction for the Rolling Stock on his website: www.alexanderauctions.com. Competing bidders, if any, must submit a written competing bid through the online auction site to conclude at 5:00 p.m. CST on October 22, 2019, with a “soft closing/extended bid time” as will be further described on the live auction website. c. Qualified Bids: In order to be considered a qualified bid (“Qualified Bid”), the competing bidder must submit an initial bid of at least Ten Thousand Dollars more than the stalking horse bid, which requires a bid of no less than Three Hundred Ten Thousand and No/100 Dollars ($310,000.00). Thereafter additional bid increments may be no less than One Thousand and no/100 ($1,000.00) Dollars. All competing bids shall include the following: 1) A Loan Commitment or Letter of Credit issued and dated within twenty (20) days prior to the date of the bid, from a financial institution acceptable to counsel for the Chapter 7 Trustee. 2) Each bid must provide that (i) The purchase price shall be “all cash” payable at the closing, and (ii) the bid shall not be contingent upon obtaining acquisition financing, the completion of any additional due diligence with respect to the Rolling Stock or any other contingency, other than the approval by the appropriate Bankruptcy Court approving the sale. d. Required Matching Bid for Real Property: In addition to the bid for the Rolling Stock, the bidder must match the existing offer of Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) or any increased bid for the real property located at 1360 N. Washington Avenue, Brownsville, Haywood County, TN 38012 (Map 066, Parcel 029.01) (Real Property) under the same terms and conditions as the Sale Agreement attached to the Motion to Approve Sale Agreement Seeking to Sell Real Property on North Washington Street, Brownsville, TN 38012, Free and Clear of any Liens with the Liens to Attach to the Proceeds. (RD:393). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:393) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. e. Approval by Bankruptcy Court: At the conclusion of the online auction, to the extent that a Qualified Bid is made, the Trustee shall seek approval of the successful bidder by reconvening the hearing set for the Trustee’s Application for Authorization to sell Rolling Stock Pursuant To 11 U.S.C. § 363(b)&(f) and 11 U.S.C. § 704(a)(1), as modified herein, on October 24, 2019 at 9:30 a.m. 9. Property sells subject to approval of the Bankruptcy Trustee and the Bankruptcy Judge for United States Bankruptcy Court for the Western District of Tennessee, Eastern Division, in the case of Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261. 10. AUCTION ENDING: Alexander Auctions & Real Estate Sales Online Auctions are timed events and all bidding will close at the specified time subject to the Extended Bidding / Soft Close. 11. TIME EXTENSION / SOFT CLOSE: Alexander Auctions & Real Estate Sales Online Auctions have an auto-extend feature. The auto extension will apply to the Rolling Stock and the Real Estate in the Auction. 12. Each time a Bid is placed in the final five (5) minutes of the auction, the auction ending time will be automatically extended five (5) minutes from the time the bid was placed on the Rolling Stock and the Real Estate. Example: If an auction is scheduled to end at 5 P.M. and receives a bid a 4:56 PM, the close time of the auction automatically extends to 5:01 P.M. The auto-extend feature remains active on all Rolling Stock and Personal Property until no further bids are received within a five (5) minute time frame. 13. REFRESH BIDDING: Refresh your screen constantly during the closing minutes of the bidding or enable the “auto-refresh” feature. 14. BUYER’S PREMIUM: NO BUYER’S PREMIUM WILL BE ADDED OR CHARGED. 15. PAYMENT: Total purchase price for the Rolling Stock and Real Property must be paid on or before October 30th, 2019. The sales price will be presented to the Bankruptcy Judge on October 24th, 2019 for approval. The total purchase price will include the bid for the Rolling Stock and for the Real Estate located at 1360 N. Washington Avenue, Brownsville, TN 38012. (Please review the additional Real Estate Terms.) All payments must be made in U. S. currency by cash, wire transfer, cashier’s bank check, certified bank check payable to “Michael T. Tabor, Chapter 7 Trustee for SIMMCO, Case No. 18-10261.” 16. Should the successful bidder fail to pay the winning bid as provided herein, said bidder will be considered in default and will be black flagged in our database and shall be subject to damages resulting from said breach. Alexander Auctions & Real Estate Sales reserves the right to sell to the next highest qualified bidder in the event the successful high bidder does not comply with the terms of the sale. By bidding on the items in the Auction, the buyer agrees to all terms and conditions set forth. 17. REMOVAL: No item can be removed/ picked up until the total purchase price is paid. Without exception, each item of Rolling Stock including, all Vehicles, Trucks, Trailers, Buses, Travel Trailers, Cranes and other items must be removed from their current locationon or before Friday, November 15th, 2019 by 4:00 PM. Items must be picked up by appointment with prior arrangements coordinated through Alexander Auctions & Real Estate Sales (731) 587-4244. 18. Pre-register on-line at www.alexanderauctions.com. When you register, you are agreeing to these terms and any additional terms posted on Alexander Auctions’ website. 19. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee and the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 20. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. Venue for any action arising out of or in connection with this online auction and any action whatsoever associated with the terms and enforcement of this online auction shall be the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 21. BIDDING: Execute your bids at www.alexanderauctions.com. All bids must be raised in increments of $1,000.00. Bids cannot be retracted. When you place a bid, the bidder is legally obligated to purchase the total 141 units as one Lot if their bid is the successful high amount, plus the bidders must match the bid for the real property located at 1360 N. Washington Avenue, Brownsville, Haywood County, Tennessee, as provided herein. Bidders may place a “max bid” on any item, meaning your bid will be automatically raised to the next increment when needed. 22. MINIMUM BID:The minimum bid for 141 units as one Lot is $310,000.00 for all Rolling Stock. The minimum bid for the Real Estate, located at 1360 N. Washington Avenue, Brownsville, TN 38012, consisting of a commercial building and 4.86 acres, is $210,000.00. 23. The Buyer of the Rolling Stock must purchase the Real Estate at a price matching the highest bid received on the Real Estate. 24. All items are considered to be in used condition and being sold “as is”“where is” and without recourse and with no warranty, guaranty as to operating condition, physical condition for a particular purpose or fitness for use. You should make an inspection of these items beforehand and be satisfied with their condition. Vehicles, Trailers and Miscellaneous Items are not warranted as merchantable or fit for any particular purpose or particular use, and no claim may be made by purchaser relating to the condition or use of articles purchased or for proximate or consequential damages arising there from. 25. Description of vehicles, trailers, tractors, equipment and miscellaneous items are not guaranteed as to any matter, including type motor, transmission, shift speed, rear ends or any equipment specifications. 26. Alexander Auctions & Real Estate Sales is providing internet pre-auction on-line bidding as a service to bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall bidder have any kind of claim against Alexander Auctions & Real Estate Sales or Seller or anyone else if the internet service fails to work correctly during the bidding time period. 27. Bidder should make all bids knowing that items are used and may be damaged and not working correctly. 28. Bidders who bid off-site and do not preview vehicles, trailers, tanks and items understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor and place their bid accordingly. 29. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that all property, whether real or personal, is purchased absolutely “as is” with no warranty whatsoever as to the condition of the same. 30. COMPLIANCE WITH THE TERMS OF SALE:Should the high Bidder default in failing to pay the full purchase price or in any other terms provided herein, said purchaser shall be deemed in default and subject to damages. Lots not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency together with all expenses and costs of re-sale will be the responsibility of the defaulting purchaser. Each buyer in making a bid does herewith agree to comply with the terms and conditions as herein stated and as otherwise set forth. The failure or default by a successful buyer to fully comply with the terms and conditions herein will be treated as an immediate breach. There shall be no further notice required to the buyer once a default has occurred. If any action is necessary for the collection of any sums due hereunder or to enforce the terms of this on line auction, by suit or otherwise, or to enforce collection, the successful bidder agrees to pay all costs of collection and litigation, together with a reasonable attorney’s fee. 31.SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 32. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and environmental protection agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from. 33.CONFIRMATION OF PURCHASE: Title to personal property shall pass to the buyer at closing subject to the compliance by the buyer of the conditions of sale. All sales are final. Alexander Auctions & Real Estate Sales and the seller do not and will not be responsible for or furnish any security for sold items. 34. SALES TAX:Buyer is responsible for payment of any applicable sales tax upon transfer and registering of the involved certificate of titles. 35. INDEPENDENT CONTRACTOR:The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. 36. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. 37.RECORDS:The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute. 38. NOMINAL BIDS:Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgement it may affect the sale negatively. 39. Alexander Auctions & Real Estate Sales will not be responsible for any missed bids from any source. 40. During this auction process there is a chance that you will be outbid. At that time, you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding. If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed. 41. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Alexander Auctions & Real Estate Sales or the Seller. 42. In the event that there are technical difficulties related to the server, software or any other online auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary. 43. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations. 44. All bidders acknowledge and accept by signature these terms and conditions provided at time of registration by registering and bidding during the sale. 45. Alexander Auctions & Real Estate Sales reserves the right to revise The Terms and Conditions. SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLYBANKRUPTCY AUCTION COMMERCIAL BUILDING & 4.86 ACRES LOCATED AT 1360 N. WASHINGTON AVENUE, BROWNSVILLE, TN 38012 U.S. BANKRUPTCY COURT, CHAPTER 7, BANKRUPTCY CASE NO. 18-10261 MICHAEL T. TABOR, CHAPTER 7 TRUSTEE ONLINE BIDDING TERMS & CONDITIONS BIDDING DATES: Bidding Begins October 6, 2019; Bidding Ends Tuesday, October 22, 2019 at 5:00 PM PROPERTY LOCATION: 1360N. Washington Avenue, Brownsville, TN 38012 Michael T. Tabor, Chapter 7 Bankruptcy Trustee, has been authorized by order of the United States Bankruptcy Court to sell this property pursuant to this notice. 1. Commercial Building & 4.86 Acres, located at 1360 N. WASHINGTON AVENUE, BROWNSVILLE, TN 38012 (hereinafter “Real Property”). Map: 066, Parcel: 029.01, in the Haywood County Tax Assessor’s office Deed Reference: Record Book 81, Page 302, in Register’s Office of Haywood County, TN Zoning - Residential – R1 Legal Description: Beginning at a point in the south right of way of 79 Highway or North Washington Street, 50 feet from center, said point being in line with the center of a concrete box culvert under the highway, said point being the northwest corner of Blurton as recorded in Deed Book 190, Page 42, Register’s Office, Haywood County Courthouse, Brownsville, Tennessee, and point also being the northwest corner of the following described tract: thence N 70° 50’00” E 460.00 feet along the south right of way of 79 Highway to an iron pin found at the northeast corner of Blurton, Coulstons northwest corner; thence S 8° 48’ 18” E 406.25 feet along the west line of Coulston to a metal post found; thence S 9° 39’ 00” E 293.63 feet along the west line of Moses to a wood post found; thence S 12° 28’ 20” E 248.33 feet along the west line of Brownsville Associates to a point in the center of a ditch, iron pipe found on line 26.67 feet north of said center of ditch; thence along the center of said ditch with the following locative calls: N 37° 11’ 45” W 76.35 feet; N 37° 11’ 45” W 138.52 feet; N 38° 09’ 57” W 241.69 feet; N 39° 02’ 50” W 241.31 feet; N 35° 44’42” W 288.05 feet to the point of beginning, containing 4.86 acres. Said legal description being obtained from a survey dated December 30, 1996, prepared by Walter R. Powell, Registered Land Surveyor License No. 832, 320 South Washington, Brownsville, Tennessee. Being the same property conveyed from David R. Blurton aka David R. Blurton, Sr. to Southern Industrial Mechanical Maintenance Company, LLC, by Quitclaim Deed of record in Record Book 81, at Page 302, in the Register’s Office of Haywood County, Tennessee. 2. The property listed and described above will be offered under the terms and conditions set forth herein, which terms and conditions of sale, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller. 3. These terms and conditions of sale and any announcements posted on Alexander Auctions’ website shall be binding on any bidder, whether present, represented by an agent or an absentee bidder. Buyers are bound by these terms and conditions of sale. 4. TERMS OF SALE: The property will be sold “As Is-Where Is”, without any warranty or representation of any kind or nature, express or implied; free and clear of liens except that buyer shall assume all past due and current ad valorem real property taxes. The warranty of fitness for a particular purpose is expressly excluded. All property is sold “as is” and “where is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement posted on Alexander’s website or in the bill of sale or invoice, or deed or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the description of the Real Property, which was obtained through public records. 5. Purchaser to assume any city, county and state delinquent taxes plus the 2019 taxes. 6. CONDITIONS OF ITEMS SOLD: All information is believed to be accurate, but the Auctioneer nor the Seller shall be responsible for the correct description, authenticity, genuineness of or defect in any improvements on the real estate, and makes no warranty in connection therewith. No allowances will be made,nor will the sale be set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed for any damage to any improvements on the Real Property as such is being exposed for public inspection and sold “As Is” and without recourse. 7. Bidding shall begin October 6th, 2019 at 10:00 A.M. and shall end October 22nd, 2019 at 5:00 P.M. 8. PURCHASE AGREEMENT AND PAYMENT: At the close of the auction, the successful bidder will be emailed a Sales and Purchase Agreement to be executed and returned to the Trustee’s attorney, Stephen L. Hughes, P.O. Box 320, Milan, TN 38358within 48 hours of completion of the Auction along with the earnest money deposit of 10% of the successful bid amount. The within terms shall survive execution of the Purchase Agreement. 9. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee and the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 10. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. Venue for any action arising out of or in connection with this online auction and any action whatsoever associated with the terms and enforcement of this online auction shall be the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 11. BIDDING PROCEDURES REQUIRED BY TRUSTEE: a) Due Diligence Period: Any interested party may inspect the Real Property by contacting counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 306 or shughes@kbhblaw.com. All inspections must be concluded on October 10, 2019. All bids will be without any contingencies or further due diligence, except as expressly set forth herein. b) Submission of Bids: Competing bidders, if any, must submit a competing bid on this on line auction on or before October 22, 2019 and satisfy the requirements of subsections c through e below. c) Qualified Bids: In order to be considered a qualified bid (“Qualified Bid”), the competing bidder must submit an initial bid of at least Ten Thousand Dollars more than the stalking horse bid, which requires a bid of no less than Two Hundred Twenty Thousand and No/100 Dollars ($220,000.00), under the same terms and conditions as the Sale Agreement attached to the Motion to Approve Sale Agreement Seeking to Sell Real Property on N. Washington Avenue, Brownsville, TN (RD:393). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:393) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. d) Thereafter additional bid increments may be no less than One Thousand and no/100 ($1,000.00) Dollars raise per bid. All competing bids shall include the following: 1) A loan commitment or letter of credit, issued, and dated within twenty (20) days prior to the date of the bid, from a financial institution acceptable to counsel for the Chapter 7 Trustee. 2) Each bid must provide that (i) the purchase price shall be “all cash” payable at the closing, and (ii) the bid shall not be contingent upon obtaining acquisition financing, the completion of any additional due diligence with respect to the Real Property or any other contingency, other than the approval by theappropriate Bankruptcy Court approving the sale. e) Required Matching Bid for Rolling Stock: In addition to the bid for the Real Property, the bidder must match the highest and best bid obtained via a simultaneous on-line auction being conducted by Marvin E. Alexander d/b/a Alexander Auction and Real Estate Sales for the “Rolling Stock,” under the same terms and conditions as set forth in the Order Re Trustee’s Application for Authorization to Sell Rolling Stock Pursuant To 11 U.S.C. §363(b)&(f) and 11 U.S.C. § 704(a)(1) (RD:428). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:428) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. The Rolling Stock consist of vehicles, campers, and trailers which are covered by a Certificate of Title, a list of which was attached as Exhibit “A” to the Trustee’s Application for Authorization to Sell Rolling Stock Pursuant to 11 U.S.C. § 363(b)(f), and 11 U.S.C. § 704(a)(1). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:394) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. f) Approval by Bankruptcy Court. At the conclusion of any competitive bidding as set forth herein, to the extent that a Qualified Bid is made, the Trustee shall seek approval of the successful bidder by reconvening the hearing set for the Motion to Approve Sale Agreement Seeking To Sell Real Property on N. Washington Avenue,Brownsville, TN, Free and Clear of Any Liens with the Liens to Attach to the Proceeds, as modified herein, on October 24, 2019 at 9:30 a.m. 12. Prospective purchaser(s) should inspect and review the property to become familiar with the property boundary lines and the physical condition of the Improvements. 13. Property has not been recently surveyed and will be sold according to the legal description in the owner’s deed or a description prepared from the adjoining owner’s deed. 14. Property sells subject to approval of the Bankruptcy Trustee and the Bankruptcy Judge for United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 15. AUCTION ENDING: Alexander Auctions & Real Estate Sales Online Auctions are timed events and all bidding will close at the specified time subject to the Extended Bidding / Soft Close Ending. 16. TIME EXTENSION / SOFT CLOSE: Alexander Auctions & Real Estate Sales Online Auctions have an auto-extend feature. The auto extension will apply to the Real Estate in this Auction. 17. Each time a Bid is placed in the final five (5) minutes of the auction, the auction ending time will be automatically extended five (5) minutes from the time the bid was placed on each tract of Real Estate.Example: Ifan auction is scheduled to end at 5:00 P.M. and receives a bid a 4:56 PM, the close time of the auction automatically extends to 5:01 P.M. The auto-extend feature remains active on all tracts until no further bids are received within a five (5) minute time frame.The closing time is connected to the Vehicle & Equipment Auction included inBid this Auction. 18. REFRESH BIDDING: Refresh your screen constantly during the closing minutes of the bidding or enable the “auto-refresh” feature. 19. AUCTIONEER’S DISCRETION: Alexander Auctions & Real Estate Sales has full discretion to modify date and time, order and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies and convenience of Alexander Auctions & Real Estate Sales or the Seller. Alexander Auctions & Real Estate Sales reserves the right to modify, change or remove usernames at any time. 20. SERVER & SOFTWARE TECHNICAL ISSUES: In the event that there are technical difficulties related to the server, software or any other online auction related technology, Alexander Auctions & Real Estate Sales reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales nor the Seller will be held responsible for a missed bid or the failure of the software to function properly for any reason. 21. Internet Bidders who desire to make certain their bid is acknowledged should leave their maximum bid 24 hours before the Auction ends. Email notifications may be sent to registered bidders with updated information as deemed necessary by Alexander Auctions &Real Estate Sales. 22. If you have any problems with the website, call Marknet Customer Service at 1-888-307-6545 and/or Alexander Auctions & Real Estate Sales at (731) 587-4244 or (731) 225-1157. 23. Alexander Auctions & Real Estate Sales and Sellers reserve the right to set and change minimum starting bids and minimum bid increments to raise the bid. 24. Minimum starting bid is $220,000.00. 25. MINIMUM BID INCREMENTS: $1.000.00 after the $220,000.00 bid. 26. Possession of property given upon delivery of deed at closing. 27. Deed transfer will be by special trustee’s deed. 28. BUYER’S PREMIUM: NO BUYER’S PREMIUM WILL BE CHARGED. 29. BACK-UP BIDS: If you are not the successful bidder on the real estate and wish to make a back-up bid in case of default by the high bidder, please see Alexander Auctions & Real Estate Sales to receive a back-up bidder form. 30. OTHER CONDITIONS: Buyer(s) must be prepared to make a cash offer. There are no contingencies to this sale (i.e., financing, appraisal, repairs, or inspections). Therefore, you should be pre-qualified by a lender prior to bidding if you require financing. This property is being sold for cash “as-is, where-is” with a closing deadline as listed above. Time of payment and closing as provided herein is of the essence. 31. COMPLIANCE WITH THE TERMS OF SALE: Should the high bidder default in failing to pay the full purchase price or in any other term provided herein or the Purchase Agreement, said bidder shall be deemed in default and subject to damages. Real Property and the Rolling Stock not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency, together with all expense and costs of resale will be the responsibility of the defaulting purchaser. If the collection of any sums due hereunder is placed in the hands of an attorney, by suit or otherwise, to enforce collection, Purchaser agrees to pay all costs of collection and litigation, together with a reasonable attorney’s fee. 32. Bidders who bid off-site and do not make an inspection understand and acknowledge that they may not be able to inspect the property as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. 33. Alexander Auctions & Real Estate Sales reserves the right to remove or cancel the bids and or bidding rights and privileges of any party at any time deemed not to be in the best interest of the Seller. The identity of all bidders will be verified, bidding rights are provisional and if complete verification is not possible, Alexander Auctions & Real Estate Sales will reject the registration, and bidding activity will be terminated if not approved by Michael T. Tabor, Trustee. 34. Alexander Auctions & Real Estate Sales is acting as an Advertising Agent and provider of the internet bidding platform. 35. ALEXANDER AUCTIONS & REAL ESTATE SALES INVOLVEMENT IN THIS CONTRACT: The Seller and buyer hereby agree that Alexander Auctions & Real Estate Sales is not part of the Sales Agreement. 36. Purchasers and purchaser’s representatives have had the opportunity to inspect this property and will agree to all bids and purchase said property as a result of their inspection. 37. Alexander Auctions & Real Estate Sales and Seller has not made, does not make, and expressly disclaims, any warranties, representations, covenants or guarantees, expressed or implied or arising out by operation of law, as to the merchantability, habitability, quantity, quality or environmental condition of the property or its suitability or fitness for any particular purpose or particular use. 38. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that the Real Estate is purchased absolutely “as is” with no warranty whatsoever as to the condition of the same. 39. No one should make a bid that he/she does not want to honor or is not financially able to honor. 40. No purchase is contingent on financing, appraisals, property or inspections or any other contingency. 41. Property and improvements are being sold in their present condition “as is”. No improvements will be made. There are no warranties or guarantees expressed or implied as to condition or fitness for use. The warranties of habitability and fitness for a particular purpose and particular use are expressly excluded. Purchaser is to make their own inspection of the buildings, structures and land and bid according to their inspection and due diligence research. Alexander Auctions & Real Estate Sales will not be the Agent showing the property. Inquiries are to be directed to counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. 42. Purchaser to make all repairs. Seller will not clean out or make any repairs to the Real Property or improvements. 43. Purchasers should contact their attorney to complete their Title Opinionbefore the Closing Time of the sale by the Bankruptcy Court. Contract does not provide for an extension due to an attorney failing to complete Title Work or your loan closing not being set up in time to meet the October 30th closing. Contact your attorney immediately! 44. RESTRICTIONS: All real estate sells subject to any and all existing matter of records and all easements, city, county and state, building, use or zoning laws and restrictions. 45. Purchaser(s) are informed that the Sellers and Alexander Auctions & Real Estate Sales are not experts or qualified to offer any information concerning environmental hazards, asbestos hazards, lead base paint, etc. and make no warranty, guarantee or statements in connection with such. 46. Purchaser(s) are informed that the Sellers and Alexander Auctions & Real Estate Sales are not experts or qualified to offer any information concerning structural condition, stage of repair, stage of completion, including utility connections, conditions and cost to fix, repair, or complete for use. 47. Auctioneer &Broker is not an expert in determining environmental hazards and hazardous material. Purchaser accepts this property in its present condition, agrees to hold harmless the Broker, his agents and Alexander Auctions & Real Estate Sales from any environmental hazards and the cost to defend himself, his agents or Alexander Auctions & Real Estate Sales from any claims. 48. Purchaser has had the opportunity to inspect the property and agrees to make all bids and purchase said property as a result of their inspection. 49. INDEMNIFICATION: Purchasershall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and environmental protection agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from. 50. CONFIRMATION OF PURCHASE: Title to personal property (Rolling Stock) and Real Property shall pass to the buyer at closingsubject to the compliance by the buyer of the conditions of sale. All sales are final. Alexander Auctions & Real Estate Sales and the seller do not and will not be responsible for or furnish any security for sold items. 51. INDEPENDENT CONTRACTOR: The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. 52. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. 53. RECORDS: The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute. 54. NOMINAL BIDS: Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgement it may affect the sale negatively. 55. Alexander Auctions & Real Estate Sales will not be responsible for any missed bids from any source. 56. During this auction process there is a chance that you will be outbid. At that time, you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding. 57. If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed. 58. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Alexander Auctions & Real Estate Sales or the Seller. 59. In the event that there are technical difficulties related to the server, software or any other online auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary. 60. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations. 61. All bidders acknowledge and accept by signature these terms and conditions provided at time of registration by registering and bidding during the sale. 62. Any real estate terms and information supplied in the terms and conditions concerning tax amounts and other information are supplied to accommodate the purchaser(s). It is the purchaser’s sole responsibility to have completed their own due diligence survey, research, inspection and checking and shall bid according to their research. 63. ADDITIONAL AUCTION INFORMATION: All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Personal on-site inspection of all property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record in the appropriate County Courthouse concerning subject properties. 64. All information used in the advertising and promotion of this auction has been obtained from public records and other sources deemed to be reliable and are believed to be true and correct. No warranties are made to this effect. 65. Property is being sold subject to these terms which will be incorporated into the sales contract for future reference. 66. All bidders agree and accept these terms and conditions and agree to bid according to these terms when they register for a bid number. We appreciate you attending this Auction and we will be glad to answer any questions you may have.
Listing Details













































































































































Gallery Images Loading, Please Wait...
  • Home
  • Advertise Your Estate Sale for $39
  • Hire an Estate Sale Company
  • Add Your Estate Sale Company
  • Member Login
  • Contact Us
  • Desktop Site
Return
SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLY BANKRUPTCY AUCTION
 Online Only Auction
Sale Date(s)
Bidding Starts: Wednesday Nov 30 , 12:00 AM
Bidding Ends: Tuesday Oct 22 ,
Sale Location

BROWNSVILLE, TN 38012
Company
Alexander Auctions & Real Estate Sales

Contact: Marvin E. Alexander
Phone: (731) 587-4244
Email: alexanderauctions@frontiernet.net
Website: www.AlexanderAuctions.com

Listing Terms and Conditions
SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLY BANKRUPTCY AUCTION ROLLING STOCK INCLUDING VEHICLES, TRUCKS, CAMPERS, TRACTOR TRAILERS & CRANES LOCATED AT 1360 N. WASHINGTON AVENUE& 2000 TAMM STREET, BROWNSVILLE, TN 38012U.S. BANKRUPTCY COURT, CHAPTER 7, BANKRUPTCY CASE NO. 18-10261 MICHAEL T. TABOR, TRUSTEE ON-LINE BIDDING TERMS & CONDITIONS For 141 Units as One Lot and the Real Estate as Listed BIDDING DATES: Bidding begins October 6, 2019; Bidding Ends Tuesday, October 22, 2019 at 5:00 PM 1. The property listed and described on the attached list (hereinafter “Rolling Stock”) will be offered under the following terms and conditions of sale, which terms and conditions of sale and descriptions of items listed on the Alexander attachment, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller. 2. These terms and conditions of sale and any announcements posted on Alexander Auctions’ website shall be binding on any bidder, whether present, represented by an agent or an absentee bidder. Buyers are bound by these terms and conditions of sale. 3. TERMS OF SALE:The Rolling Stock will be sold “As Is-Where Is”, without any warranty or representation of any kind or nature, express or implied; free and clear of liens except for mechanics’ liens which will be assumed by the Buyer. The warranty of fitness for a particular purpose is expressly excluded. All property is sold “as is” and “where is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement set forth in the attached list or posted on Alexander’s website or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the descriptions or representations which were provided by the Debtor and listed on the attached or as to the condition of the item. 4. CONDITIONS OF ITEMS SOLD:All information is believed to be accurate, but the Auctioneer nor the Seller shall be responsible for the correct description, authenticity, genuineness of or defect in any lot, and makes no warranty in connection therewith. No allowances will be made, nor will thesale be set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed for any damaged articles, as all goods being exposed for public inspection and are sold “As Is” and without recourse. 5. Bidding shall begin October 6th, 2019 at 10:00 A.M. and shall end October 22nd, 2019 at 5:00 P.M. 6. CONDITIONS OF SALE: Property is being offered in an Online Only Auction. 7. BIDDING PROCEDURES TO GOVERN THE SUBMISSION OF COMPETING BIDS FOR ALL OF THE ROLLING STOCK AS FOLLOWS: 8. a. Due Diligence Period: Any interested party may inspect the Rolling Stock by contacting counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. All inspections must be concluded on October 10th, 2019. All bids will be without any contingencies or future due diligence, except as expressly set forth herein. b. Submission of Bids: Marvin E. Alexander d/b/a Alexander Auctions and Real Estate Sales shall post an Online Auction for the Rolling Stock on his website: www.alexanderauctions.com. Competing bidders, if any, must submit a written competing bid through the online auction site to conclude at 5:00 p.m. CST on October 22, 2019, with a “soft closing/extended bid time” as will be further described on the live auction website. c. Qualified Bids: In order to be considered a qualified bid (“Qualified Bid”), the competing bidder must submit an initial bid of at least Ten Thousand Dollars more than the stalking horse bid, which requires a bid of no less than Three Hundred Ten Thousand and No/100 Dollars ($310,000.00). Thereafter additional bid increments may be no less than One Thousand and no/100 ($1,000.00) Dollars. All competing bids shall include the following: 1) A Loan Commitment or Letter of Credit issued and dated within twenty (20) days prior to the date of the bid, from a financial institution acceptable to counsel for the Chapter 7 Trustee. 2) Each bid must provide that (i) The purchase price shall be “all cash” payable at the closing, and (ii) the bid shall not be contingent upon obtaining acquisition financing, the completion of any additional due diligence with respect to the Rolling Stock or any other contingency, other than the approval by the appropriate Bankruptcy Court approving the sale. d. Required Matching Bid for Real Property: In addition to the bid for the Rolling Stock, the bidder must match the existing offer of Two Hundred Ten Thousand and No/100 Dollars ($210,000.00) or any increased bid for the real property located at 1360 N. Washington Avenue, Brownsville, Haywood County, TN 38012 (Map 066, Parcel 029.01) (Real Property) under the same terms and conditions as the Sale Agreement attached to the Motion to Approve Sale Agreement Seeking to Sell Real Property on North Washington Street, Brownsville, TN 38012, Free and Clear of any Liens with the Liens to Attach to the Proceeds. (RD:393). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:393) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. e. Approval by Bankruptcy Court: At the conclusion of the online auction, to the extent that a Qualified Bid is made, the Trustee shall seek approval of the successful bidder by reconvening the hearing set for the Trustee’s Application for Authorization to sell Rolling Stock Pursuant To 11 U.S.C. § 363(b)&(f) and 11 U.S.C. § 704(a)(1), as modified herein, on October 24, 2019 at 9:30 a.m. 9. Property sells subject to approval of the Bankruptcy Trustee and the Bankruptcy Judge for United States Bankruptcy Court for the Western District of Tennessee, Eastern Division, in the case of Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261. 10. AUCTION ENDING: Alexander Auctions & Real Estate Sales Online Auctions are timed events and all bidding will close at the specified time subject to the Extended Bidding / Soft Close. 11. TIME EXTENSION / SOFT CLOSE: Alexander Auctions & Real Estate Sales Online Auctions have an auto-extend feature. The auto extension will apply to the Rolling Stock and the Real Estate in the Auction. 12. Each time a Bid is placed in the final five (5) minutes of the auction, the auction ending time will be automatically extended five (5) minutes from the time the bid was placed on the Rolling Stock and the Real Estate. Example: If an auction is scheduled to end at 5 P.M. and receives a bid a 4:56 PM, the close time of the auction automatically extends to 5:01 P.M. The auto-extend feature remains active on all Rolling Stock and Personal Property until no further bids are received within a five (5) minute time frame. 13. REFRESH BIDDING: Refresh your screen constantly during the closing minutes of the bidding or enable the “auto-refresh” feature. 14. BUYER’S PREMIUM: NO BUYER’S PREMIUM WILL BE ADDED OR CHARGED. 15. PAYMENT: Total purchase price for the Rolling Stock and Real Property must be paid on or before October 30th, 2019. The sales price will be presented to the Bankruptcy Judge on October 24th, 2019 for approval. The total purchase price will include the bid for the Rolling Stock and for the Real Estate located at 1360 N. Washington Avenue, Brownsville, TN 38012. (Please review the additional Real Estate Terms.) All payments must be made in U. S. currency by cash, wire transfer, cashier’s bank check, certified bank check payable to “Michael T. Tabor, Chapter 7 Trustee for SIMMCO, Case No. 18-10261.” 16. Should the successful bidder fail to pay the winning bid as provided herein, said bidder will be considered in default and will be black flagged in our database and shall be subject to damages resulting from said breach. Alexander Auctions & Real Estate Sales reserves the right to sell to the next highest qualified bidder in the event the successful high bidder does not comply with the terms of the sale. By bidding on the items in the Auction, the buyer agrees to all terms and conditions set forth. 17. REMOVAL: No item can be removed/ picked up until the total purchase price is paid. Without exception, each item of Rolling Stock including, all Vehicles, Trucks, Trailers, Buses, Travel Trailers, Cranes and other items must be removed from their current locationon or before Friday, November 15th, 2019 by 4:00 PM. Items must be picked up by appointment with prior arrangements coordinated through Alexander Auctions & Real Estate Sales (731) 587-4244. 18. Pre-register on-line at www.alexanderauctions.com. When you register, you are agreeing to these terms and any additional terms posted on Alexander Auctions’ website. 19. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee and the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 20. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. Venue for any action arising out of or in connection with this online auction and any action whatsoever associated with the terms and enforcement of this online auction shall be the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 21. BIDDING: Execute your bids at www.alexanderauctions.com. All bids must be raised in increments of $1,000.00. Bids cannot be retracted. When you place a bid, the bidder is legally obligated to purchase the total 141 units as one Lot if their bid is the successful high amount, plus the bidders must match the bid for the real property located at 1360 N. Washington Avenue, Brownsville, Haywood County, Tennessee, as provided herein. Bidders may place a “max bid” on any item, meaning your bid will be automatically raised to the next increment when needed. 22. MINIMUM BID:The minimum bid for 141 units as one Lot is $310,000.00 for all Rolling Stock. The minimum bid for the Real Estate, located at 1360 N. Washington Avenue, Brownsville, TN 38012, consisting of a commercial building and 4.86 acres, is $210,000.00. 23. The Buyer of the Rolling Stock must purchase the Real Estate at a price matching the highest bid received on the Real Estate. 24. All items are considered to be in used condition and being sold “as is”“where is” and without recourse and with no warranty, guaranty as to operating condition, physical condition for a particular purpose or fitness for use. You should make an inspection of these items beforehand and be satisfied with their condition. Vehicles, Trailers and Miscellaneous Items are not warranted as merchantable or fit for any particular purpose or particular use, and no claim may be made by purchaser relating to the condition or use of articles purchased or for proximate or consequential damages arising there from. 25. Description of vehicles, trailers, tractors, equipment and miscellaneous items are not guaranteed as to any matter, including type motor, transmission, shift speed, rear ends or any equipment specifications. 26. Alexander Auctions & Real Estate Sales is providing internet pre-auction on-line bidding as a service to bidder. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall bidder have any kind of claim against Alexander Auctions & Real Estate Sales or Seller or anyone else if the internet service fails to work correctly during the bidding time period. 27. Bidder should make all bids knowing that items are used and may be damaged and not working correctly. 28. Bidders who bid off-site and do not preview vehicles, trailers, tanks and items understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor and place their bid accordingly. 29. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that all property, whether real or personal, is purchased absolutely “as is” with no warranty whatsoever as to the condition of the same. 30. COMPLIANCE WITH THE TERMS OF SALE:Should the high Bidder default in failing to pay the full purchase price or in any other terms provided herein, said purchaser shall be deemed in default and subject to damages. Lots not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency together with all expenses and costs of re-sale will be the responsibility of the defaulting purchaser. Each buyer in making a bid does herewith agree to comply with the terms and conditions as herein stated and as otherwise set forth. The failure or default by a successful buyer to fully comply with the terms and conditions herein will be treated as an immediate breach. There shall be no further notice required to the buyer once a default has occurred. If any action is necessary for the collection of any sums due hereunder or to enforce the terms of this on line auction, by suit or otherwise, or to enforce collection, the successful bidder agrees to pay all costs of collection and litigation, together with a reasonable attorney’s fee. 31.SAFETY DEVICES: Articles purchased may not incorporate approved activating mechanisms, operating safety devices or safety guards, as required by OSHA or otherwise. It is purchaser’s responsibility that articles purchased be so equipped and safeguarded to meet OSHA and any other requirements before placing such articles into operation. 32. INDEMNIFICATION: Purchaser shall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and environmental protection agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from. 33.CONFIRMATION OF PURCHASE: Title to personal property shall pass to the buyer at closing subject to the compliance by the buyer of the conditions of sale. All sales are final. Alexander Auctions & Real Estate Sales and the seller do not and will not be responsible for or furnish any security for sold items. 34. SALES TAX:Buyer is responsible for payment of any applicable sales tax upon transfer and registering of the involved certificate of titles. 35. INDEPENDENT CONTRACTOR:The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. 36. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. 37.RECORDS:The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute. 38. NOMINAL BIDS:Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgement it may affect the sale negatively. 39. Alexander Auctions & Real Estate Sales will not be responsible for any missed bids from any source. 40. During this auction process there is a chance that you will be outbid. At that time, you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding. If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed. 41. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Alexander Auctions & Real Estate Sales or the Seller. 42. In the event that there are technical difficulties related to the server, software or any other online auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary. 43. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations. 44. All bidders acknowledge and accept by signature these terms and conditions provided at time of registration by registering and bidding during the sale. 45. Alexander Auctions & Real Estate Sales reserves the right to revise The Terms and Conditions. SOUTHERN INDUSTRIAL MECHANICAL MAINTENANCE COMPANY, LLC ONLINE ONLYBANKRUPTCY AUCTION COMMERCIAL BUILDING & 4.86 ACRES LOCATED AT 1360 N. WASHINGTON AVENUE, BROWNSVILLE, TN 38012 U.S. BANKRUPTCY COURT, CHAPTER 7, BANKRUPTCY CASE NO. 18-10261 MICHAEL T. TABOR, CHAPTER 7 TRUSTEE ONLINE BIDDING TERMS & CONDITIONS BIDDING DATES: Bidding Begins October 6, 2019; Bidding Ends Tuesday, October 22, 2019 at 5:00 PM PROPERTY LOCATION: 1360N. Washington Avenue, Brownsville, TN 38012 Michael T. Tabor, Chapter 7 Bankruptcy Trustee, has been authorized by order of the United States Bankruptcy Court to sell this property pursuant to this notice. 1. Commercial Building & 4.86 Acres, located at 1360 N. WASHINGTON AVENUE, BROWNSVILLE, TN 38012 (hereinafter “Real Property”). Map: 066, Parcel: 029.01, in the Haywood County Tax Assessor’s office Deed Reference: Record Book 81, Page 302, in Register’s Office of Haywood County, TN Zoning - Residential – R1 Legal Description: Beginning at a point in the south right of way of 79 Highway or North Washington Street, 50 feet from center, said point being in line with the center of a concrete box culvert under the highway, said point being the northwest corner of Blurton as recorded in Deed Book 190, Page 42, Register’s Office, Haywood County Courthouse, Brownsville, Tennessee, and point also being the northwest corner of the following described tract: thence N 70° 50’00” E 460.00 feet along the south right of way of 79 Highway to an iron pin found at the northeast corner of Blurton, Coulstons northwest corner; thence S 8° 48’ 18” E 406.25 feet along the west line of Coulston to a metal post found; thence S 9° 39’ 00” E 293.63 feet along the west line of Moses to a wood post found; thence S 12° 28’ 20” E 248.33 feet along the west line of Brownsville Associates to a point in the center of a ditch, iron pipe found on line 26.67 feet north of said center of ditch; thence along the center of said ditch with the following locative calls: N 37° 11’ 45” W 76.35 feet; N 37° 11’ 45” W 138.52 feet; N 38° 09’ 57” W 241.69 feet; N 39° 02’ 50” W 241.31 feet; N 35° 44’42” W 288.05 feet to the point of beginning, containing 4.86 acres. Said legal description being obtained from a survey dated December 30, 1996, prepared by Walter R. Powell, Registered Land Surveyor License No. 832, 320 South Washington, Brownsville, Tennessee. Being the same property conveyed from David R. Blurton aka David R. Blurton, Sr. to Southern Industrial Mechanical Maintenance Company, LLC, by Quitclaim Deed of record in Record Book 81, at Page 302, in the Register’s Office of Haywood County, Tennessee. 2. The property listed and described above will be offered under the terms and conditions set forth herein, which terms and conditions of sale, may be amended, updated or altered at the time and place of the Auction by the Auctioneer and the Seller. 3. These terms and conditions of sale and any announcements posted on Alexander Auctions’ website shall be binding on any bidder, whether present, represented by an agent or an absentee bidder. Buyers are bound by these terms and conditions of sale. 4. TERMS OF SALE: The property will be sold “As Is-Where Is”, without any warranty or representation of any kind or nature, express or implied; free and clear of liens except that buyer shall assume all past due and current ad valorem real property taxes. The warranty of fitness for a particular purpose is expressly excluded. All property is sold “as is” and “where is” and neither Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller makes any expressed or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall Alexander Auctions & Real Estate Sales, the Auctioneer, nor the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for a particular purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement posted on Alexander’s website or in the bill of sale or invoice, or deed or elsewhere, whether oral or written, shall be deemed such a warranty or representation or any assumption of liability. Alexander Auctions & Real Estate Sales, the Auctioneer, makes no representation or warranty as to the accuracy of the description of the Real Property, which was obtained through public records. 5. Purchaser to assume any city, county and state delinquent taxes plus the 2019 taxes. 6. CONDITIONS OF ITEMS SOLD: All information is believed to be accurate, but the Auctioneer nor the Seller shall be responsible for the correct description, authenticity, genuineness of or defect in any improvements on the real estate, and makes no warranty in connection therewith. No allowances will be made,nor will the sale be set aside on account of any incorrectness, error in cataloguing or any imperfection not noted. No deduction will be allowed for any damage to any improvements on the Real Property as such is being exposed for public inspection and sold “As Is” and without recourse. 7. Bidding shall begin October 6th, 2019 at 10:00 A.M. and shall end October 22nd, 2019 at 5:00 P.M. 8. PURCHASE AGREEMENT AND PAYMENT: At the close of the auction, the successful bidder will be emailed a Sales and Purchase Agreement to be executed and returned to the Trustee’s attorney, Stephen L. Hughes, P.O. Box 320, Milan, TN 38358within 48 hours of completion of the Auction along with the earnest money deposit of 10% of the successful bid amount. The within terms shall survive execution of the Purchase Agreement. 9. Any person who registers agrees to be subject to the personal jurisdiction of the State of Tennessee and the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 10. Bidders agree to be bound by the laws of the State of Tennessee and subject to the courts of Tennessee jurisdiction. Venue for any action arising out of or in connection with this online auction and any action whatsoever associated with the terms and enforcement of this online auction shall be the United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 11. BIDDING PROCEDURES REQUIRED BY TRUSTEE: a) Due Diligence Period: Any interested party may inspect the Real Property by contacting counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 306 or shughes@kbhblaw.com. All inspections must be concluded on October 10, 2019. All bids will be without any contingencies or further due diligence, except as expressly set forth herein. b) Submission of Bids: Competing bidders, if any, must submit a competing bid on this on line auction on or before October 22, 2019 and satisfy the requirements of subsections c through e below. c) Qualified Bids: In order to be considered a qualified bid (“Qualified Bid”), the competing bidder must submit an initial bid of at least Ten Thousand Dollars more than the stalking horse bid, which requires a bid of no less than Two Hundred Twenty Thousand and No/100 Dollars ($220,000.00), under the same terms and conditions as the Sale Agreement attached to the Motion to Approve Sale Agreement Seeking to Sell Real Property on N. Washington Avenue, Brownsville, TN (RD:393). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:393) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. d) Thereafter additional bid increments may be no less than One Thousand and no/100 ($1,000.00) Dollars raise per bid. All competing bids shall include the following: 1) A loan commitment or letter of credit, issued, and dated within twenty (20) days prior to the date of the bid, from a financial institution acceptable to counsel for the Chapter 7 Trustee. 2) Each bid must provide that (i) the purchase price shall be “all cash” payable at the closing, and (ii) the bid shall not be contingent upon obtaining acquisition financing, the completion of any additional due diligence with respect to the Real Property or any other contingency, other than the approval by theappropriate Bankruptcy Court approving the sale. e) Required Matching Bid for Rolling Stock: In addition to the bid for the Real Property, the bidder must match the highest and best bid obtained via a simultaneous on-line auction being conducted by Marvin E. Alexander d/b/a Alexander Auction and Real Estate Sales for the “Rolling Stock,” under the same terms and conditions as set forth in the Order Re Trustee’s Application for Authorization to Sell Rolling Stock Pursuant To 11 U.S.C. §363(b)&(f) and 11 U.S.C. § 704(a)(1) (RD:428). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:428) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. The Rolling Stock consist of vehicles, campers, and trailers which are covered by a Certificate of Title, a list of which was attached as Exhibit “A” to the Trustee’s Application for Authorization to Sell Rolling Stock Pursuant to 11 U.S.C. § 363(b)(f), and 11 U.S.C. § 704(a)(1). See PACER, Southern Industrial Mechanical Maintenance Company, LLC, Case No. 18-10261 (RD:394) or contact counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. f) Approval by Bankruptcy Court. At the conclusion of any competitive bidding as set forth herein, to the extent that a Qualified Bid is made, the Trustee shall seek approval of the successful bidder by reconvening the hearing set for the Motion to Approve Sale Agreement Seeking To Sell Real Property on N. Washington Avenue,Brownsville, TN, Free and Clear of Any Liens with the Liens to Attach to the Proceeds, as modified herein, on October 24, 2019 at 9:30 a.m. 12. Prospective purchaser(s) should inspect and review the property to become familiar with the property boundary lines and the physical condition of the Improvements. 13. Property has not been recently surveyed and will be sold according to the legal description in the owner’s deed or a description prepared from the adjoining owner’s deed. 14. Property sells subject to approval of the Bankruptcy Trustee and the Bankruptcy Judge for United States Bankruptcy Court for the Western District of Tennessee, Eastern Division. 15. AUCTION ENDING: Alexander Auctions & Real Estate Sales Online Auctions are timed events and all bidding will close at the specified time subject to the Extended Bidding / Soft Close Ending. 16. TIME EXTENSION / SOFT CLOSE: Alexander Auctions & Real Estate Sales Online Auctions have an auto-extend feature. The auto extension will apply to the Real Estate in this Auction. 17. Each time a Bid is placed in the final five (5) minutes of the auction, the auction ending time will be automatically extended five (5) minutes from the time the bid was placed on each tract of Real Estate.Example: Ifan auction is scheduled to end at 5:00 P.M. and receives a bid a 4:56 PM, the close time of the auction automatically extends to 5:01 P.M. The auto-extend feature remains active on all tracts until no further bids are received within a five (5) minute time frame.The closing time is connected to the Vehicle & Equipment Auction included inBid this Auction. 18. REFRESH BIDDING: Refresh your screen constantly during the closing minutes of the bidding or enable the “auto-refresh” feature. 19. AUCTIONEER’S DISCRETION: Alexander Auctions & Real Estate Sales has full discretion to modify date and time, order and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies and convenience of Alexander Auctions & Real Estate Sales or the Seller. Alexander Auctions & Real Estate Sales reserves the right to modify, change or remove usernames at any time. 20. SERVER & SOFTWARE TECHNICAL ISSUES: In the event that there are technical difficulties related to the server, software or any other online auction related technology, Alexander Auctions & Real Estate Sales reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales nor the Seller will be held responsible for a missed bid or the failure of the software to function properly for any reason. 21. Internet Bidders who desire to make certain their bid is acknowledged should leave their maximum bid 24 hours before the Auction ends. Email notifications may be sent to registered bidders with updated information as deemed necessary by Alexander Auctions &Real Estate Sales. 22. If you have any problems with the website, call Marknet Customer Service at 1-888-307-6545 and/or Alexander Auctions & Real Estate Sales at (731) 587-4244 or (731) 225-1157. 23. Alexander Auctions & Real Estate Sales and Sellers reserve the right to set and change minimum starting bids and minimum bid increments to raise the bid. 24. Minimum starting bid is $220,000.00. 25. MINIMUM BID INCREMENTS: $1.000.00 after the $220,000.00 bid. 26. Possession of property given upon delivery of deed at closing. 27. Deed transfer will be by special trustee’s deed. 28. BUYER’S PREMIUM: NO BUYER’S PREMIUM WILL BE CHARGED. 29. BACK-UP BIDS: If you are not the successful bidder on the real estate and wish to make a back-up bid in case of default by the high bidder, please see Alexander Auctions & Real Estate Sales to receive a back-up bidder form. 30. OTHER CONDITIONS: Buyer(s) must be prepared to make a cash offer. There are no contingencies to this sale (i.e., financing, appraisal, repairs, or inspections). Therefore, you should be pre-qualified by a lender prior to bidding if you require financing. This property is being sold for cash “as-is, where-is” with a closing deadline as listed above. Time of payment and closing as provided herein is of the essence. 31. COMPLIANCE WITH THE TERMS OF SALE: Should the high bidder default in failing to pay the full purchase price or in any other term provided herein or the Purchase Agreement, said bidder shall be deemed in default and subject to damages. Real Property and the Rolling Stock not paid for within the time specified herein may be resold at public or private sale without further notice. Any resulting deficiency, together with all expense and costs of resale will be the responsibility of the defaulting purchaser. If the collection of any sums due hereunder is placed in the hands of an attorney, by suit or otherwise, to enforce collection, Purchaser agrees to pay all costs of collection and litigation, together with a reasonable attorney’s fee. 32. Bidders who bid off-site and do not make an inspection understand and acknowledge that they may not be able to inspect the property as well as if they examined it in person. It is the bidder’s responsibility to determine condition, age, genuineness, value or any other determinative factor. 33. Alexander Auctions & Real Estate Sales reserves the right to remove or cancel the bids and or bidding rights and privileges of any party at any time deemed not to be in the best interest of the Seller. The identity of all bidders will be verified, bidding rights are provisional and if complete verification is not possible, Alexander Auctions & Real Estate Sales will reject the registration, and bidding activity will be terminated if not approved by Michael T. Tabor, Trustee. 34. Alexander Auctions & Real Estate Sales is acting as an Advertising Agent and provider of the internet bidding platform. 35. ALEXANDER AUCTIONS & REAL ESTATE SALES INVOLVEMENT IN THIS CONTRACT: The Seller and buyer hereby agree that Alexander Auctions & Real Estate Sales is not part of the Sales Agreement. 36. Purchasers and purchaser’s representatives have had the opportunity to inspect this property and will agree to all bids and purchase said property as a result of their inspection. 37. Alexander Auctions & Real Estate Sales and Seller has not made, does not make, and expressly disclaims, any warranties, representations, covenants or guarantees, expressed or implied or arising out by operation of law, as to the merchantability, habitability, quantity, quality or environmental condition of the property or its suitability or fitness for any particular purpose or particular use. 38. The purchaser does hereby acknowledge that the subject property is purchased at public auction and that a prerequisite to bidding is that the Real Estate is purchased absolutely “as is” with no warranty whatsoever as to the condition of the same. 39. No one should make a bid that he/she does not want to honor or is not financially able to honor. 40. No purchase is contingent on financing, appraisals, property or inspections or any other contingency. 41. Property and improvements are being sold in their present condition “as is”. No improvements will be made. There are no warranties or guarantees expressed or implied as to condition or fitness for use. The warranties of habitability and fitness for a particular purpose and particular use are expressly excluded. Purchaser is to make their own inspection of the buildings, structures and land and bid according to their inspection and due diligence research. Alexander Auctions & Real Estate Sales will not be the Agent showing the property. Inquiries are to be directed to counsel for the Chapter 7 Trustee, Stephen L. Hughes at 731-686-1198 ext. 302 or shughes@kbhblaw.com. 42. Purchaser to make all repairs. Seller will not clean out or make any repairs to the Real Property or improvements. 43. Purchasers should contact their attorney to complete their Title Opinionbefore the Closing Time of the sale by the Bankruptcy Court. Contract does not provide for an extension due to an attorney failing to complete Title Work or your loan closing not being set up in time to meet the October 30th closing. Contact your attorney immediately! 44. RESTRICTIONS: All real estate sells subject to any and all existing matter of records and all easements, city, county and state, building, use or zoning laws and restrictions. 45. Purchaser(s) are informed that the Sellers and Alexander Auctions & Real Estate Sales are not experts or qualified to offer any information concerning environmental hazards, asbestos hazards, lead base paint, etc. and make no warranty, guarantee or statements in connection with such. 46. Purchaser(s) are informed that the Sellers and Alexander Auctions & Real Estate Sales are not experts or qualified to offer any information concerning structural condition, stage of repair, stage of completion, including utility connections, conditions and cost to fix, repair, or complete for use. 47. Auctioneer &Broker is not an expert in determining environmental hazards and hazardous material. Purchaser accepts this property in its present condition, agrees to hold harmless the Broker, his agents and Alexander Auctions & Real Estate Sales from any environmental hazards and the cost to defend himself, his agents or Alexander Auctions & Real Estate Sales from any claims. 48. Purchaser has had the opportunity to inspect the property and agrees to make all bids and purchase said property as a result of their inspection. 49. INDEMNIFICATION: Purchasershall defend and indemnify and hold auctioneer and seller harmless from and against all claims and liabilities relating to the condition of, removal of, or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state, and local laws applicable to such articles, including OSHA requirements, and environmental protection agency requirements, or for proximate or consequential damages, costs or legal expenses arising there from. 50. CONFIRMATION OF PURCHASE: Title to personal property (Rolling Stock) and Real Property shall pass to the buyer at closingsubject to the compliance by the buyer of the conditions of sale. All sales are final. Alexander Auctions & Real Estate Sales and the seller do not and will not be responsible for or furnish any security for sold items. 51. INDEPENDENT CONTRACTOR: The Auctioneer is acting as an independent contractor only and is not responsible for the acts of its principals or sellers. 52. PERSONAL AND PROPERTY RISK: Persons attending during exhibition, sale or removal of goods assume all risks of damage of or loss to person and property and specifically release and indemnify Alexander Auctions & Real Estate Sales, the Auctioneer from liability therefore. Neither Alexander Auctions & Real Estate Sales, the Auctioneer nor his principal or seller shall be liable by reason of any defect in or condition of the premises in which the sale is held. 53. RECORDS: The record of sale kept by Alexander Auctions & Real Estate Sales, the Auctioneer and bookkeeper will be taken as final in the event of any dispute. 54. NOMINAL BIDS: Any bid which is merely a nominal or fractional advance may be rejected by the Auctioneer, if in his judgement it may affect the sale negatively. 55. Alexander Auctions & Real Estate Sales will not be responsible for any missed bids from any source. 56. During this auction process there is a chance that you will be outbid. At that time, you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding. 57. If you are bidding against someone who has placed a max bid in the system, the max bid that is placed first will take precedence over a bid placed after. This means that the person who placed the bid first will have the high bid, in the event that the same bid is placed. 58. Alexander Auctions & Real Estate Sales has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Alexander Auctions & Real Estate Sales or the Seller. 59. In the event that there are technical difficulties related to the server, software or any other online auction-related technology, Alexander Auctions & Real Estate Sales, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Alexander Auctions & Real Estate Sales, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary. 60. Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations. 61. All bidders acknowledge and accept by signature these terms and conditions provided at time of registration by registering and bidding during the sale. 62. Any real estate terms and information supplied in the terms and conditions concerning tax amounts and other information are supplied to accommodate the purchaser(s). It is the purchaser’s sole responsibility to have completed their own due diligence survey, research, inspection and checking and shall bid according to their research. 63. ADDITIONAL AUCTION INFORMATION: All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. Personal on-site inspection of all property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record in the appropriate County Courthouse concerning subject properties. 64. All information used in the advertising and promotion of this auction has been obtained from public records and other sources deemed to be reliable and are believed to be true and correct. No warranties are made to this effect. 65. Property is being sold subject to these terms which will be incorporated into the sales contract for future reference. 66. All bidders agree and accept these terms and conditions and agree to bid according to these terms when they register for a bid number. We appreciate you attending this Auction and we will be glad to answer any questions you may have.

1

2

11

12

14

15

18

19

21

23

24

28

29

30

32

33

36

40

42

43

44

48

49

74

75

77

78

79

82

87

90

93

110

160

164

169

170

179

186

335

426

454

457

458

466

476

490

491

493

503

505

509

510

526

528

529

542

543

551

584

585

638

648

810

813

903

904

905

906

907

908

909

911

912

914

915

916

917

918

919

920

921

922

923

925

926

927

931

932

933

934

935

936

938

939

940

941

942

946

947

948

949

950

951

952

953

954

955

956

958

959

960

961

962

963

964

965

966

967

968

969

970

971

972

973

974

975

976

977

978

979

990

991

992

993

994

995

996

997

998