Auction Procedure Information
A Buyer's Premium will be added to the final Sales Price. All applicable taxes will be assessed based on the sum of the sales price and buyer's premium.
AUCTION PROCEDURE
Shay Family Irrevocable Trust Estate Auction
Saturday, November 22, 2025 • 10:00 AM
9294 W County Road 950 N, Middletown, IN 47356
AUCTION DAY TIMELINE
8:00 AM - Gates Open
- Property preview begins
- Inspect real estate and personal property
- Walk the grounds and outbuildings
- Examine equipment, tools, and household items
9:00 AM - Registration Opens
- Live bidder check-in and registration
- Bidder numbers assigned
- Answer questions and distribute information packets
- Final opportunity to review auction terms
10:00 AM - Real Estate Auction Begins
- LOT 1: 12.74 acres with home and outbuildings
- Live on-site and simulcast internet bidding
- Auctioneer reads terms and conditions
- Opening bid: $250,000
- Property sells subject to owner confirmation
- Winner signs purchase agreement immediately
- $25,000 non-refundable deposit due Monday, November 24th
10:30 AM (Approximate) - Personal Property Auction Begins
- TWO SIMULTANEOUS AUCTION RINGS
- In-person bidding (simulcast bidding for selected lots)
- Payment and removal day of sale
RING ASSIGNMENTS
RING 1 - Equipment, Tools, Vehicles & Auto Parts
Location: Near pole barn/garage area
Auction Order (Approximate):
- Vehicles (titled vehicles - sales tax collected)
- John Deere Tractor
- Implements and attachments
- 2-Post Car Lift
- Metal Lathe
- Welders (MIG, TIG, stick)
- Air compressors and pneumatic tools
- Power tools
- Hand tools and tool sets
- Workbenches and tool storage
- Engine hoists and equipment
- Auto parts inventory
- Hardware, fasteners, supplies
- Lawn and garden equipment
- Miscellaneous shop items
RING 2 - Furniture, Household & Collectibles
Location: Near home/yard area
Auction Order (Approximate):
-
- Antique furniture
- Modern bedroom sets
- Living room furniture
- Dining room furniture
- Office furniture
- Kitchen appliances
- Cookware and kitchen items
- Glassware and dishes
- Serving pieces and flatware
- Linens and bedding
- Lamps and lighting
- Artwork and wall décor
- Collectibles and memorabilia
- Books and media
- Seasonal decorations
- Miscellaneous household items
Note: Rings may run simultaneously. Buyers may move between rings to bid on items of interest.
REGISTRATION PROCEDURES
Live On-Site Registration (Real Estate & Personal Property)
Required Documents:
- Valid government-issued photo ID (driver's license, passport, state ID)
- For real estate bidders: Proof of funds or pre-approval letter (recommended)
Process:
- Report to registration table starting at 9:00 AM
- Complete bidder registration form
- Present valid photo identification
- Review and sign auction terms acknowledgment
- Receive bidder number card
- Retain bidder number for duration of auction
Internet Registration (Real Estate Only)
Pre-Registration Required:
- Register online
- Credit card verification required
- Accept terms and conditions electronically
- Test internet connection and platform before auction
Auction Day:
- Log in by 9:45 AM
- Verify connection and audio/video feed
- Monitor live auction feed
- Place bids in real-time
- System will confirm each bid
BIDDING PROCEDURES
Real Estate Bidding
Live On-Site Bidders:
- Hold up bidder number when ready to bid
- Auctioneer will acknowledge your bid
- Keep bidder number visible until outbid or until property is sold
- Listen carefully for current bid and next increment
- Auctioneer's decision on bid recognition is final
Internet Bidders:
- Click "Bid" button to place bid at current asking amount
- System displays your maximum bid
- You will be notified if outbid
- Watch live video feed for auction progress
- Monitor chat/message board for announcements
- Internet bids receive equal treatment as floor bids
Bidding Increments (Auctioneer's Discretion):
- Opening bid: $250,000
- Increments typically $5,000 - $10,000 or as determined by auctioneer
- Auctioneer may adjust increments based on bidding activity
Winning the Real Estate:
- Auctioneer calls "SOLD!" and recognizes winning bidder
- Sale subject to owner confirmation
- Winner reports immediately to clerk's table
- Sign purchase agreement
- Provide identification and contact information
- Review deposit and closing instructions
- Wire transfer deposit by Monday, November 24th
Personal Property Bidding (In-Person Only)
Bidding Process:
- Hold up bidder number when ready to bid
- Two auctioneers running simultaneously
- Move between rings to bid on desired items
- Bid increments determined by auctioneer based on item value
- All sales final when auctioneer says "SOLD!"
Claiming Purchases:
- After each item sells, note your bidder number and item description
- Runners will tag items with your bidder number
- Continue bidding throughout sale
- Settle account at checkout table when finished bidding
- Present bidder number for final invoice
PAYMENT PROCEDURES
Real Estate Payment
Down Payment:
- Amount: $25,000 (NON-REFUNDABLE)
- Due Date: Monday, November 24, 2025
- Method: Wire transfer to Fidelity National Title
- Wire instructions provided day of auction
Balance Payment:
- Due: At closing (by January 6, 2026)
- Method: Certified funds or wire transfer
- Title company will provide closing instructions
- Cash buyers may close within 1-2 weeks
Personal Property Payment
Payment Required: Day of sale before removal
Accepted Payment Methods:
- Cash or Check - Receive 3% discount on total invoice
- Credit Card - Full invoice amount (no discount)
- Personal checks accepted with valid ID (checks over $2,000 require prior approval)
Calculation:
- Winning bid + 13% buyer's premium = Invoice total
- 3% discount applied for cash/check payment
- Sales tax added to titled vehicles
- Example 1: $500 tool box + 13% BP = $565 invoice
- Cash/check: $565 - 3% discount = $550.00
- Credit card: $565.00
- Example 2: $5,000 vehicle + 13% BP + 7% sales tax = $5,954.55 invoice
- Cash/check: $5,954.55 - 3% discount = $5,885.00
- Credit card: $5,954.55
Checkout Process:
- Bring bidder number to checkout table
- Clerk totals all purchases
- Choose payment method (cash/check receives 3% discount)
- Review invoice for accuracy
- Make payment in full
- Receive paid receipt
- Begin loading items
REMOVAL PROCEDURES
Personal Property Removal
Same Day Removal:
- Payment and removal day of sale preferred
- Bring truck, trailer, and loading help
- Loading assistance available (buyer's responsibility)
- Remove items carefully to avoid damage
- Auction company not responsible for loading accidents
Extended Removal:
- Items may be removed within 7 days by appointment
- Contact Burgess Auctions to schedule: 317-508-5973
- Items must be removed by Friday, November 29, 2025
- IMPORTANT: Any personal property not removed by deadline will convey with the real estate to the new property owner
Removal Requirements:
- Paid receipt must be shown for all items removed
- Bring appropriate equipment (straps, dollies, tools)
- Bring adequate help for heavy items
- Disassembly is buyer's responsibility
- All items removed at buyer's risk
Special Items:
- Car lift: Professional removal recommended
- Lathe: Very heavy - plan accordingly
- Large furniture: May require multiple people
- Vehicles: Title transfer paperwork provided
Real Estate Possession
- Possession granted at closing
- Property will be vacant and broom-clean
- All personal property removed by seller EXCEPT items not removed by personal property buyers
- Any personal property remaining after November 29, 2025 will convey with real estate
- Keys provided at closing table
TERMS & CONDITIONS REVIEW
Real Estate Terms
- Opening bid: $250,000
- 10% buyer's premium added to winning bid
- Sale subject to owner confirmation
- $25,000 non-refundable deposit due 11/24/25
- Closing by January 6, 2026
- AS-IS, WHERE-IS sale with no warranties
- No contingencies (financing, inspection, appraisal)
- Buyer pays all closing costs except title insurance premium
- General warranty deed provided
- Fidelity National Title company
- Any personal property not removed by 11/29/25 conveys with real estate
Personal Property Terms
- 13% buyer's premium on all items
- Indiana sales tax collected on titled vehicles
- 3% discount for cash or check payment
- Credit card accepted at full invoice price
- AS-IS, WHERE-IS with no warranties
- All sales final - no returns or exchanges
- Payment day of sale required
- Removal within 7 days
- Items not removed by 11/29/25 become property of real estate buyer
- Buyer responsible for proper removal
- Announcements day of sale take precedence
IMPORTANT REMINDERS
What to Bring:
- Valid photo ID (REQUIRED)
- Proof of funds (real estate bidders)
- Payment method (cash, check, or credit card)
- Truck and trailer for purchases
- Help for loading heavy items
- Tie-downs, straps, tools for disassembly
- Gloves and work clothes
- Chairs for comfort
- Dress for November outdoor weather
Prohibited Items:
- Weapons
- Alcohol or illegal drugs
- Pets (service animals permitted)
- Disruptive behavior
Safety Reminders:
- Watch for moving vehicles and equipment
- Supervise children at all times
- Stay clear of active auction rings
- Be careful when previewing items
- Loading is at your own risk
- Auction company not liable for injuries
CLERKING & SUPPORT STAFF
Registration Table:
- Bidder registration
- Information distribution
- Questions and assistance
Real Estate Clerk Table:
- Purchase agreement execution
- Deposit instructions
- Closing coordination
Personal Property Checkout:
- Invoice preparation
- Payment processing (cash/check discount applied)
- Receipt distribution
Runners:
- Tag sold items with bidder numbers
- Assist with item identification
- Direct buyers to purchases
Security:
- Monitor property
- Prevent unauthorized removal
- Assist with traffic flow
COMMUNICATIONS
Announcements:
- Listen for announcements from auctioneer
- Important information conveyed throughout day
- Changes or corrections announced as needed
- All announcements supersede printed material
Questions:
- Ask staff or auctioneers for clarification
- Review terms before bidding
- Seek assistance at any time
POST-AUCTION PROCEDURES
Real Estate
Winning Bidder Responsibilities:
- Sign purchase agreement immediately
- Wire $25,000 deposit by 11/24/25
- Await seller confirmation
- Coordinate closing with title company
- Arrange financing (if applicable)
- Schedule final walk-through
- Attend closing by January 6, 2026
- Note: Any personal property not removed by 11/29/25 conveys with the real estate
Seller Responsibilities:
- Review and confirm/reject winning bid
- Notify buyer of decision
- Execute purchase agreement
- Deliver clear title
- Maintain property
- Attend closing
Personal Property
Winning Bidders:
- Settle account at checkout (remember 3% cash/check discount!)
- Collect paid receipt
- Load and remove items day of sale (or by appointment)
- Contact auction company to schedule pickup if needed
- CRITICAL: Complete removal by November 29, 2025
- Items not removed by deadline become property of real estate buyer
DISPUTE RESOLUTION
- Auctioneer's decisions are final
- Bidding disputes resolved by auctioneer
- If error occurs, item may be re-offered at auctioneer's discretion
- Buyer and seller agree to binding arbitration for any disputes
- Indiana law governs all transactions
- Henry County jurisdiction
CONTACT INFORMATION
Day of Auction:
- Registration: See staff at registration table
- Real Estate Questions: Jason Snider or Burgess Auctions staff
- Personal Property: Ring auctioneers or staff
- Payment: Checkout clerks
- Removal: Loading area supervisors
Before Auction:
- Real Estate Info: Jason Snider (317) 507-1692
- Auction Info: Burgess Auctions (765) 445-7814 or (317) 508-5973
- Online Bidding: Registration link in information packet
After Auction:
- Real Estate: Jason Snider / Fidelity National Title
- Personal Property Removal: Burgess Auctions (317) 508-5973
- Accounting Questions: Burgess Auctions office
AUCTION PROFESSIONALS
Auctioneer:
Zack Burgess, CAI, AU19600029
Burgess Auctions LLC
Real Estate Broker:
Jason L. Snider, RB14045952
J. Snider Real Estate
Title Company:
Fidelity National Title
FINAL NOTES
- Arrive early for best parking and preview time
- Dress appropriately for outdoor November weather
- Auction held rain or shine
- Concessions may be available
- Restroom facilities on-site
- Plan adequate time - personal property sale may last several hours
- Bring friends and family - great auction day experience!
- Personal property buyers: Plan to remove items promptly to avoid forfeiture
- Save 3% by paying with cash or check!
BURGESS AUCTIONS LLC
"Trusted Auctions, Timeless Results"
"Integrity in Every Lot. Care in Every Sale."
Thank you for participating in the Shay Family Irrevocable Trust Estate Auction!
Notice:
This is a simulcast auction. You can bid online or in-person @ our auction house.
We'll open simulcast console 15 - 30 min before the auction begins. Once the console is open, you'll see:
If you would like to attend the simulcast, please click on the "Enter Auction." It'll take you to a different screen.
Once you are in the Simulcast console, you can view the lot details by clicking the lot picture with "i" under "Current Lot."
If you are unable to attend the simulcast, you may use "Prebid Now" button: . This is essentially for leaving absentee bids. This button will be disabled when it's turn for live bidding. You are NOT actively placing bid by utilizing this button.
Simulcast Chat feature:
1) We are unable to place bids on behalf of you through this feature. Please do not tell us your bidding amount.
2) If there is a significant error, please call us rather than utilizing this chat feature. We'll do our best, but depending on who is
operating the clerk (a person who enters the data into our system) machine or how busy catching bids, we are unable to reply. Our phone # is: (765)445-7814.
AUCTION TERMS AND CONDITIONS
9294 W. County Road 950 N., Middletown, IN. 47356
Saturday, November 22, 2025 • 10:00 AM
BURGESS AUCTIONS "Trusted Auctions, Timeless Results"
AUCTION FORMAT
Live Auction with Simulcast Internet Bidding
• On-site bidding at property location
• Real-time online bidding platform available
• Internet bidding opens 24 hours prior (Thursday, November 22, 2025, at 10:00 AM)
• Opening Bid: $250,000
REGISTRATION REQUIREMENTS
Live Bidders
• Registration begins at 9:00 AM on auction day
• Valid photo identification required
• Bidder numbers assigned at check-in
Internet Bidders
• Pre-registration required online
• Valid photo identification and credit card verification
• Stable internet connection required
DEPOSIT AND PAYMENT TERMS
A 10% ten-percent buyer’s premium will be added to the final bid price, to determine the final offer to purchase price.
Down Payment
• Amount: $25,000 (Twenty-Five Thousand Dollars)
• NON-REFUNDABLE under all circumstances
• Payment Method: Wire transfer to Fidelity National Title
• Due Date: Monday, November 24, 2025
Balance Payment
• Amount: Total purchase price minus $25,000 deposit
• Payment Method: Certified funds or wire transfer at closing
• Closing Deadline: (by January 6, 2026)
• Cash buyers may close within 1-2 weeks
PROPERTY CONDITION
AS-IS SALE
• Property sold in current condition "AS-IS, WHERE-IS"
• No warranties, guarantees, or representations regarding:
o Condition or habitability
o Fitness for any particular purpose
o Compliance with codes or regulations
o Systems functionality
INSPECTION ACCEPTANCE
• Buyers acknowledge having full opportunity to inspect property
• All defects accepted, whether known or unknown, visible or latent
• No repairs will be made by seller prior to closing
FINANCING AND CONTINGENCIES
NO CONTINGENCIES
• No financing contingencies - buyer must close regardless of loan approval/denial
• No inspection contingencies
• No appraisal contingencies
• No sale of other property contingencies
Financing Responsibility
• Buyers responsible for arranging all financing prior to auction
• Failure to obtain financing does not excuse buyer performance
• Cash purchases encouraged for faster closing
TAX RESPONSIBILITY
Seller's Obligation
• Seller has paid 2025 real estate taxes due in November 2025
• Seller current on all tax obligations through November 2025
Buyer's Obligation
• Buyer responsible for all taxes due after November 2025, including:
o 2025 taxes due in May 2026
o All subsequent annual tax payments
o Any special assessments levied after closing
No Tax Proration
• No proration of taxes between buyer and seller
• Clear division at November 2025 payment date
TITLE AND CLOSING
Title Requirements
• Title Company: Fidelity National Title
• Seller provides owner's title insurance policy
• Property conveyed free and clear of liens (except standard easements)
• Deed Type: General Warranty Deed
• Recording: At buyer's expense
Closing Costs
Seller Pays:
• Owner's title insurance premium
• Standard transfer taxes and recording fees
• Costs to cure any title defects
Buyer Pays:
• All loan-related costs and fees
• Recording fees for buyer documents
• Property survey (if required)
• Homeowner's insurance
• Attorney fees and closing costs
• Additional title insurance for lender
DEFAULT PROVISIONS
Buyer Default
If buyer fails to complete purchase, provide required documentation, or meet obligations:
Consequences:
• Seller retains $25,000 deposit as liquidated damages
• Seller may pursue additional legal remedies
• Seller may resell property
• Buyer liable for deficiency and additional costs
Seller Default
If seller cannot convey clear title:
• Buyer's sole remedy is return of deposit
• No further obligations for either party
AUCTION DAY PROCEDURES
Bidding Process
• Auctioneer conducts live bidding on-site
• Simultaneous internet bidding accepted
• Bidding increments determined by auctioneer
• Highest bidder becomes purchaser upon seller’s acceptance
Purchase Agreement Execution
• Winning bidder signs purchase agreement immediately
• Terms non-negotiable and binding upon execution
• Time is of the essence for all deadlines
PROPERTY DISCLOSURES
Lead-Based Paint
• Property built in 1960 (prior to 1978)
• Federal lead-based paint disclosure provided
• Buyer acknowledges receipt of required pamphlet
Property Knowledge
• All known property information disclosed
• Buyers accept property with all known and unknown defects
LEGAL PROVISIONS
Governing Law
• Agreement governed by Indiana real estate law
• Henry County jurisdiction for disputes
Assignment
• Purchase agreement may not be assigned without written consent
Modifications
• Agreement may only be modified in writing signed by all parties
Entire Agreement
• These terms constitute complete understanding
• No verbal agreements or representations binding
BIDDER ACKNOWLEDGMENTS
By participating in this auction, bidders acknowledge:
• Having read and understood all terms and conditions
• Understanding that a 10% buyer's premium will be added to the winning bid
• Understanding the non-refundable nature of the deposit
• Accepting AS-IS condition with no warranties
• Having adequate opportunity to inspect the property
• Understanding all financing must be arranged independently
• Agreeing that time is of the essence for all obligations
CONTACT INFORMATION
Real Estate Agent:
Jason Snider, Licensed Realtor
J. Snider Real Estate License: RB14045952
Phone: (317) 507-1692
Email: [email protected]
Auctioneer:
Burgess Auctions LLC
Zack Burgess CAI, AU19600029
45 W Carey St
Knightstown, IN
Office: 765-445-7814
Mobile: 317-508-5973
Title Company: Fidelity National Title
IMPORTANT NOTICE
This auction represents a binding sale upon acceptance of winning bid. The $25,000 deposit is NON-REFUNDABLE under all circumstances except seller's inability to convey clear title.
All bidders participate at their own risk and expense. These terms are non-negotiable and become binding upon participation in the auction.
"Integrity in Every Lot. Care in Every Sale."
BURGESS AUCTIONS
Trusted Auctions, Timeless Results
Middletown, Indiana 47356
United States
