* The Real Property is being sold “AS IS” “WHERE IS”, “WITH ALL FAULTS,” without any representations, covenants, guarantees or warranties of any kind or nature whatsoever, and free and clear of any and all interests including, but not limited to, liens, claims, encumbrances, interests, judgments and/or mortgages, or adverse claims to title, of whatever kind or nature (collectively, “Interests”), with such Interests, if any, to attach to the proceeds of sale in such order and priority as they existed immediately prior to the entry of the Order for Relief against debtor 45 Middle Pond Road Associates LLC, and subject to, among other things: (a) any state of facts that an accurate survey may show; (b) any state of facts a physical inspection may show; (c) any covenants, restrictions and easements of record; (d) any building or zoning ordinances or other applicable municipal regulations and violations thereof; and (e) environmental conditions. By delivering their respective deposits, all prospective bidders acknowledge that they have had the opportunity to review and inspect the Real Property, the state of title thereof and laws, rules and regulations applicable thereto, and will rely solely thereon and on their own independent investigations and inspections of the Real Property in making their bids. Neither Maltz, the Trustee, the attorneys for the Trustee nor any of their collective representatives make any representations or warranties with respect to the permissible uses of the Real Property including, but not limited to, the zoning of the Real Property. All prospective bidders acknowledge that they have conducted their own due diligence in connection with the Real Property and are not relying on any information provided by Maltz, the Trustee, the attorneys for the Trustee or any of their collective representatives. The information contained herein was derived from sources deemed reliable, but is not guaranteed. Most of the information provided has been obtained from third-party sources and has not been independently verified. It is the responsibility of all prospective bidders to determine the accuracy of all components of the sale and Real Property. All prospective bidders are responsible for conducting their own independent inspections, investigations, inquiries, and due diligence concerning the Real Property, including without limitation, the environmental and physical condition of the Real Property. All prospective bidders are urged to conduct their own due diligence prior to participating in the public auction.
Bid rigging is illegal and suspected violations will be reported to the Department of Justice for investigation and prosecution.
