Auctioned Property definition
Examples of Auctioned Property in a sentence
Secured Party and Auctioneer each has no responsibility for removal or delivery of the Auctioned Property.
Pursuant to Section 9.610 of the Texas Uniform Commercial Code, for and in consideration of payment by Buyer to Secured party, in cash, of an amount equal to the Bid Amount, Secured Party hereby sells and transfers to Buyer, and Buyer hereby purchases and accepts, all right, title and interest of Debtor in and to the Auctioned Property, on and subject to the terms of this Agreement.
Any other property, including without limitation, property, if any, acquired by Debtor after the Auction Date and property, if any, not describes in Schedule A and existing on the Auction Date, is excluded from this Agreement and shall not be included in the Auctioned Property.
Upon reasonable request by Buyer in writing, and at Buyer’s sole cost and expense, Secured Party will execute and deliver to Buyer such other and further instruments of sale, conveyance or transfer, and take such other action, as may be commercially reasonably necessary in order to sell, convey and transfer the Auctioned Property to Buyer.
Buyer acknowledges and agrees that it has had a reasonable opportunity to conduct all due diligence and otherwise inspect and evaluate the Auctioned Property prior to the Auction, and has inspected and evaluated the Auctioned Property prior to the Auction to the extent, if any, that Buyer wished to do so.
Buyer acknowledges that the Auctioned Property is in the physical possession or control of Debtor, and that pursuant to Section 9.609(c) of the Texas Uniform Commercial Code, Secured Party has instructed Debtor to assemble such property at its current location(s) and make such property available to Secured Party for purposes of disposition after the Auction.
If an Auction Call is requested pursuant to Section 11.01, the Master Servicer, pursuant to the applicable Step 2 Assignment Agreements and by no later than the tenth (10th) day of the month of final distribution, shall notify the Trustee, each Servicer and the Securities Administrator of the final Distribution Date and of the applicable sale price of the Auctioned Property.
Any proceeds of accounts included in the Auctioned Property received by Secured Party on or after the Effective Date, to the extent of collected available funds (less wire transfer or other associated charges) shall be disbursed to Buyer by wire transfer according to such transfer instructions as may be designated in writing by Buyer to Secured Party.
Removal of the Auctioned Property shall be at the sole expense, risk and liability of Buyer.
The proceeds of the purchase or sale of the Auctioned Property pursuant to this Section 11.01 (other than, with respect to any Mortgage Loan and the related property, the Fair Market Value Excess) will be distributed to the Holders of the Certificates of the related Group in accordance with Section 4.01 or 4.02, as applicable.