Auction Item special conditions
SPECIAL AUCTION CONDITIONS
Pear Road 39, South Reward
1. This auction concerns a foreclosure which implies that Seller’s liability will not extend beyond liability resulting from article 7:19 paragraph 1 of the Civil Code, which article reads as follows:
“On an execution sale, the buyer may not claim that the property is subject to a charge or encumbrance, which should not have encumbered it, or that the property does not conform to the contract, unless the seller was aware of this.”
2. Said immovable property shall be for Buyer's risk as of the adjudication.
3. Said immovable property shall be delivered in the actual condition it is in at the moment of the delivery. If said immovable property is destroyed or damaged in whole or in part, or devaluates in any other way after the adjudication, this cannot be invoked against Seller, irrespective of the cause.
4. Within two (2) business days after the adjudication buyer shall deposit with the civil law notary:
a. an amount equaling the transfer tax due upon transfer;
b. the fee of the civil law notary;
c. the Land Registry fee and the cost of Land Registry investigation;
d. the cost of cancellation of the registrations of mortgages and attachments;
e. the costs of advertising, process server, posters, appraisal, auctioneer's fee, and rent of the auction room;
f. the cost of revenue stamps and disbursements;
g. the outstanding property charges, including property tax, if any, and (if applicable) ground rent.
5. Within six (6) weeks after the adjudication buyer shall deposit the purchase price with the civil law notary.
6. A bidder and Buyer are obligated to immediately and at first request of the civil law notary submit proof of their solvency by means of a letter of guarantee, for a total amount of the bid increased with the taxes and costs mentioned before.
7. The aforementioned deed of mortgage stipulates that renting out the property requires written permission of the Creditor. Creditor leaves it to Buyer to invoke the annulment of any rental agreements concerning the property, if necessary.
The Buyer shall, at Buyer’s own risk and expense, procure the free possession and enjoyment of the purchased property.
Seller does not vouch for Buyer's power to vacate.
8. The Buyer (highest bidder) is under the obligation to comply with the conditions, stated in preceding title deeds which in as far as they still may have any effect, are deemed together with the penalties mentioned thereby to be imposed by the Seller (Creditor) to the Buyer (highest bidder) and to be accepted by the latter, to be stipulated and accepted on behalf of those beneficiaries as and in the manner as mentioned in these conditions. Said conditions and penalties are, in so far as required, deemed to be incorporated literally in this deed and to form an integral part thereof.
In connection to known easements and other specific obligations, reference is made to the aforementioned deed of transfer of ownership in which Mortgagor acquired said immovable property, in which is stated:
“a. the right of long lease will be granted for a period of sixty (60) years from the transcription of the deed of granting right of longlease in the appropriate registers;
b. the leaseholder has the obligation to pay the annual groudrent in advance at the Receivers’s office of the Island Territory, for the first time before or on the day of which this instrument will be executed and thereafter each year after a notice for payment has been sent by said Receiver’s Office;
c. aforementioned groundrent has been set at SIXTEEN CENTS CURRENCY OF THE NETHERLANDS ANTILLES (NAF.0,16) per square meter and can be revised by decree of the Executive Council after expiration of a period of ten (10) years after the transcription of the deed of granting right of long lease in the public registers;
d. the land given in long lease may not be used for any other purpose than for the building of a concrete dwellinghouse,
e. the Lease holder has the obligation to start construction within six (6) months after the transcription of the deed of long lease in aforementioned public registers and to continue constructing without interruption according to a building plan, approved by the Executive council;
f. the Leaseholder commits herself in case she should not use the parcel of land for the abovementioned purpose, not to transfer the right of long lease before having been granted a written permission by the Executive Council.”
