Online Foreclosure auction

Transcription

1 Online Foreclosure auction (under the provisions of art. 3:268 of the Dutch Civil Code in conjunction with art. 3:254 of the Dutch Civil Code) 18 may 2015

2 Online Foreclosure auction Cluster 10: 34 appartments (residential units) te ; 2 retail units, 29 appartments (residentials) te Foreclosure auction (under the provisions of art. 3:268 of the Dutch Civil Code in conjunction with art. 3:254 of the Dutch Civil Code) On Monday 18 May 2015, beginning at 9:30, the following lots will be offered for sale to the public by means of an online auction taking place in one session, accessible exclusively via the website under the supervision of R.H. Meppelink, notary affiliated to Loyens & Loeff N.V. in Amsterdam, under the provisions of article 3:268 in conjunction with 3:254 of the Dutch Civil Code, with the highest bidder being accepted as the purchaser: Cluster appartments (residentials), 80 parking spaces, 2 motorbike parking spaces and 39 storages situated at: Wycker Grachtstraat 1 a04, 1 a15, 1 a16 en 1 a18 Lage Barakken 2b, 2k en 2v Sint Maartenslaan 45d, 47d, 49d, 51d, 59d, 63d, 65c, 65d, 67a, 67b, 67c, 67e, 69a, 69b, 69c, 69d, 71a, 71d, 71e, 73a, 73b, 73e, 75b, 77d, 79d, 81d en 91d The (motor)parking spaces and storages are located at the basement and cna not be identified by number. Year of construction % leased out Rental income per annum, Approxx EUR ,- 2 retail units, 29 appartments (residentials), 11 garages, 18 parking spaces and 18 storages situated at: Erasmusdomein 2D, 4C, 6B, 6C, 8C, 12B, 12C, 12D, 14A, 16D, 18B, 18C, 18D, 20A, 20C, 22A, 22B, 22C, 24C, 24D, 26A, 26C, 28A, 28B, 28C, 30C, 30D, 32C, 34D (residentials) Erasmusdomein 8 and 30 (retail) The garages, storages and parking spaces are situated in the basement of the uilding and can not be identified indiividually. Year of construction residential unit is empty Annual rental income per year approximately EUR Bids may be placed for each individual cluster, or on the combination (cluster 12). The homes / complexes are not offered for sale separately. Private bids Until 14 days prior to the auction, i.e. until Sunday 3 May 2015 at 24:00, it is possible to submit a non-retractable and unconditional private bid on the lots that are to be auctioned. Such bids should be directed to the notary: Loyens & Loeff N.V., t.a.v. mr. R.H. Meppelink, Postbus 71170, 1008 BD Amsterdam or sent by bijl@loyensloeff.com. The executing mortgage bank is not obliged to accept bids. Before making a bid, please complete the bid form on the website. It is not necessary to register in order to place a private bid. Terms and conditions of the auction The General Terms and Conditions for Online Auctions 2015 and the specific terms and conditions laid down by the supervising notary are applicable to this foreclosure auction (and all private bids placed). The terms and conditions specified by the notary will be available no less than 30 days prior to the auction at the notary s office and will also be available on the website and the website, and they will also be published in the data room. 2

3 Wycker Grachtstraat 1 a04, 1 a15, 1 a16 en 1 a18, Lage Barakken 2b, 2k en 2v, Sint Maartenslaan 45d, 47d, 49d, 51d, 59d, 63d, 65c, 65d, 67a, 67b, 67c, 67e, 69a, 69b, 69c, 69d, 71a, 71d, 71e, 73a, 73b, 73e, 75b, 77d, 79d, 81d en 91d alsmede 80 parkeerplaatsen, 2 motorparkeerplaatsen en 39 bergingen

4 Object specifications EXECUTIVE SUMMARY City Address Type 1989 Year of construction Energy label 82 W. Grachtstraat, Lage Barakken, & St. Maartenslaan Appartments B t/m D LETTING SITUATION Reference date April 2015 Theoretical rental income EUR 362,122 Actual rental income EUR 362,122 Occupancy rate 100% Average rent/ unit/ month EUR 702 Average rent/ sqm / month EUR 7.93 Divided into apartment rights Yes Indivicual unit(s) already sold Yes LETTABLE FLOOR AREA Residential area 3,008 sqm (Other) area - Total 3,008 sqm Total units 155 Single- family houses Average unit size sqm LOCATION LAND REGISTRY DETAILS Municipality Section and numbers Ow nership A 7808-A (See The terms and conditions specified by the notary for the numbers ) Ow nership (appartement rights) 4 Number of inhabitants 121,735 Number of households 66,810 Average spendable income 30,000 Housing supply 57,010 Ratio houses/ apartments 38% Ratio Ow nership / lease 44%

5 Erasmusdomein 2D, 4C, 6B, 6C, 8C, 12B, 12C, 12D, 14A, 16D, 18B, 18C, 18D, 20A, 20C, 22A, 22B, 22C, 24C, 24D, 26A, 26C, 28A, 28B, 28C, 30C, 30D, 32C, 34D (woningen) Erasmusdomein 8 en 30 (winkelunits)

6 Object specifications EXECUTIVE SUMMARY City Adress Type Year of construction 1989 Energy label Erasmusdomein 2D t/m 34D diverse Appartments and retailunits C Parking spaces 18 LETTING SITUATION Reference date April 2015 Theoretical rental income EUR 246,519 Actual rental income EUR 238,959 Occupancy rate 97% Average rent/ unit/ month EUR 633 Average rent/ sqm / month EUR 9.06 Divided into apartment rights Ja Indivicual unit(s) already sold Ja LETTABLE FLOOR AREA Total 1,956 sqm Other area - Total 1,956 sqm Total units 76 Residential units 29 Average unit size 67 sqm LAND REGISTRY DETAILS Municipality Section and numbers Ow nership 5067-A, (See The terms and conditions specified by the notary for the numbers ) Ow nership (appartement rights) 6 LOCATION Number of inhabitants 121,735 Number of households 66,810 Average spendable income 30,000 Housing supply 57,010 Ratio houses/ apartments 38% Ratio Ow nership / lease 44%

7 Procedure Online Foreclosure Auction Procedure Data room Definitions used in the present agreement have the definitions as set out in the General Auction Conditions w ith Internet Bids 2015 (Algemene Voorwaarden met internetbieden 2015), hereinafter the AVVI 2015, set out in a deed executed on 31 December 2014 before M.R.H. Krans LL.C., civil-law notary practising in Rotterdam, a copy of w hich is registered in the public registers of the Cadastre, Land Registry and Mapping Agency on 31 December 2014 in register of Mortgages 4, part 65530, number 153. A copy of the AVVI 2015 can be requested from the auction notary or consulted on the w ebsite w ww.bog-auctions.com. In supplement to the definitions in the AVVI 2015, the follow ing definition is added: Data Room The location on the internet on w hich the Property Advisor has placed various documents (legal documents, project documents and other informative documentation) concerning the Auction, and for w hich the Prospective Buyer must request an access code. B. In supplement to the definitions in the AVVI 2015, the follow ing definition is interpreted as: Property Advisor the property advisor engaged by the Seller, DTZ Zadelhoff V.O.F., w ith registered office in Amsterdam at Parnassusw eg 803, postal code 1082 LZ. Access to the Data Room Access to the Data Room administered by the Property Advisor can be obtained after a Prospective Buyer has met all the requirements set out in this article. These are: 1. registration w ith X. Lausberg ( address: xlausberg@dtz.nl). 2. submission of the follow ing information: Legal persons and partnerships a. registered name and address; b. surname, first name(s), place of birth, date of birth, and address of the managing director(s)/partner(s) w ith representational authority c. address(es) and telephone number(s) a copy of a valid form of identification of the managing director(s)/partner(s) w ith representational authority e. a recent Chamber of Commerce extract Natural persons a. surname, first name(s), place of birth, date of birth, marital status and address b. address(es) and telephone number(s) c. a copy of a valid form of identification 7 3. deposit of: a. a security deposit per cluster in the amount of EUR 10,000, w ith reference security deposit cluster *** / Cerentino ; b. or, for the entire portfolio, a security deposit in the amount of EUR 100,000, w ith reference security deposit combination / Cerentino to the Clients' Account of the Auction Notary w ith account number NL62ABNA The Auction Notary w ill return the security deposit referred to in the preceding sentence to the Prospective Buyer if: a. the Prospective Buyer decides not to make a Bid in the Auction, and gives notice of this in an sent to the attention of Mr C. Bijl, bijl@loyensloeff.com; b. the Auction is cancelled c. the Auction is aw arded to another Prospective Buyer; or d. it is established that the Auction w ill not be aw arded. 5. Payment of the security deposit by a Prospective Buyer/Registered Bidder is also qualified as any payment of the security deposit as a requirement for participation in the Auction, unless the security deposit is returned to a Prospective Buyer/Registered Bidder as referred to above at paragraph 4 under a. This is w ithout prejudice to the requirement that a Prospective Buyer must register as referred to in article 3 of the AVVI 2015 in order to bid in the Auction. 6. If the Registered Bidder is the Buyer, the security deposit w ill be applied tow ards payment of the guarantee sum. For certain Registered Bidders identified by name, the Seller may determine that the payment of this security deposit is not required.

8 Procedure Online Foreclosure Auction Participation The following only applies insofar as a Registered Bidder has not yet paid a security deposit to allow access to the Data Room. This is without prejudice to the requirement that a Prospective Buyer must register as referred to in article 3 of the AVVI 2015 in order to bid in the Auction. In supplement to article 15 of the AVVI 2015, no later than one business day prior to the Auction, and therefore not later than on 15 May 2015 before 5 PM, a Registered Bidder must pay a security deposit in the amount of: a. EUR 10,000 per cluster, with reference security deposit cluster *** / Cerentino b. for the entire portfolio, EUR 100,000, with reference security deposit combination / Cerentino to the clients' account of the Auction Notary with account number NL62ABNA The Auction Notary will return the security deposit referred to in the preceding sentence to the Registered Bidder if: a. the Auction is cancelled; b. the Auction is awarded to a party other than the Prospective Buyer; or c. it is established that the Auction will not be awarded. If the Registered Bidder is the Buyer, the security deposit will be applied towards payment of the guarantee sum. For certain Registered Bidders identified by name, the Seller may determine that the payment of this security deposit is not required. Translation This document is an English translation of a document prepared in Dutch. In preparing this document, an attempt has been made to translate as literally as possible without jeopardizing the overall continuity of the text. Inevitably, however, differences may occur in translation and if they do, the Dutch text will govern by law. In this translation, Dutch legal concepts are expressed in English terms and not in their original Dutch terms. The concepts concerned may not be identical to concepts described by the English terms as such terms may be understood under the laws of other jurisdictions. 8

9 Procedure Online Foreclosure Auction Sale process: bidding The lots shall be the subject of bidding for at least 15 minutes. The start time and end time of the bidding shall be posted alongside the objects for sale. The final amount payable is that of the highest bid plus sales costs, property transfer tax and/or value added tax. In accordance w ith Article 7 paragraph 1 of the General Terms and Conditions for Online Auctions 2015, the highest bidder is entitled to a starting premium, in the event that the lot is aw arded and purchased. This starting premium amounts to a half percent (0.5%). The starting premium w ill only be paid to one person only (the bidder) and to one bank account only. During the last five minutes before the auction of a lot is due to close, in the event that a new bid is placed, the auction w ill be extended by five minutes. Sale process: the reverse auction After the highest bid has been placed, there w ill be a pause of 5 minutes, w hich w ill be follow ed by the reverse auction. During this time, a large counter w ill be show n. The counter w ill show the total amount of the start price and the reverse auction bid added together. The participant w ho clicks on MIJN shall be the purchaser for the sum show n w hen that person clicks on MIJN, plus sales fee, starting bid, property transfer tax and/or value added tax. As soon as a participant clicks on MIJN, the auction w ill finish and the highest bid w ill be presented to the client or executing party. If nobody clicks on MIJN during the reverse auction, the highest bidder from the forw ard auction is the purchaser. Award by the vendor and definitive sale After the online sale has been completed, the statutory deliberation period of five w orking days begins. The vendor shall make the final decision about w hether the sale w ill be aw arded. The bidder to w hom the lot is to be sold shall be notified of this w ithin the specified period and thereby become the purchaser. The notary shall execute the sale w ithin a maximum of six w eeks. If the lot sold is part of a larger cadastral parcel, the purchaser shall in consultation w ith the Land Registry and the ow ner(s) of the neighbouring cadastral parcel(s) ensure that the cadastral boundaries are fixed. The cost of a cadastral survey shall be paid by the vendor at the time w hen the ow nership of the lot is transferred. 9

10 Disclaimer on public sale under articles 268 and 254, Book 3, Dutch Civil Code Cerentino portfolio This disclaimer/confidentiality clause gov erns all information that has been or will be prov ided during the course of the entire public sale process by DTZ Zadelhoff v.o.f., Loyens & Loeff N.V., their client FGH Bank N.V., or parties engaged by them, and reflects generally applicable restrictions including limitation of liability. 1. Access to the Data Room in no way implies an offer on the part of FGH Bank N.V. A prospectiv e buyer can deriv e no rights from any such access, including, explicitly, the right to conduct any negotiations with FGH Bank N.V. 2. The information included in the Data Room is solely intended to allow a prospectiv e buyer the opportunity to inv estigate, either directly or indirectly, the accuracy and completeness of said information. Ev ery person to whom information is made av ailable must personally make an independent assessment of that information and, after rev iew and ev aluation of the information, seek such professional adv ice as he or she deems necessary. 3. The information included in the Data Room is confidential and made av ailable in good faith. The information must be kept confidential, and without the adv ance written permission of DTZ Zadelhoff v.o.f. may not be copied or distributed or disclosed to other persons, and may not be used for any purpose other than for the issue of a bid on the entire Cerentino portfolio or an indiv idual cluster. 4. In connection with the abov e, the following applies: a. All descriptions, dimensions, photos, drawings and other data concerning the constructional state or other condition of the registered property and all other information included in the Data Room is prov ided based on the information as currently known and to the best of all knowledge.in reference to the constructional state of the registered property, there may be discrepancies from the data included in the Data Room concerning the constructional state, drawings, etc., resulting from the current use or renov ation of the registered property. The information included in the Data Room (such as photographs of the registered property) may also include registered property not inv olv ed in the present public sale procedure. b. A prospectiv e buyer has no claim to compensation of damages or any other right towards FGH Bank N.V. and the third parties it engages, including, explicitly, DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., on the basis of statements and/or information prov ided in regard to the registered property or omissions in this regard. c. If any opinion should be either directly or indirectly ev idenced from the information and/or data prov ided, this is a personal opinion of FGH Bank N.V. and/or third parties engaged by FGH Bank N.V. on the basis of currently av ailable information. Any such opinion and/or the underlying criteria applied by FGH Bank N.V. or the aforesaid third parties cannot be used to deriv e any rights. 5. The information in the Data Room may not be understood as any form of warranty in regard to the condition, v alue and/or quality of the registered property and/or the absence of priv ate law or public law claims of third parties or authorities in regard to the registered property. Information included in the Data Room cannot be inv oked at law, nor can third parties deriv e any rights therefrom No employee of FGH Bank N.V. and none of the third parties engaged by FGH Bank N.V., including, explicitly, DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., is competent or authorized to provide representations or warranties concerning the registered property. A prospective buyer cannot under any circumstances hold FGH Bank N.V., its executives or personnel, or the third parties engaged by it, including explicitly DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., accountable for the inaccuracy and/or incompleteness of the information provided, or for the fact that the prospective buyer was not provided an opportunity or sufficient opportunity to ascertain the correctness and completeness of the information provided, or for the fact that the prospective buyer was not provided an opportunity or sufficient opportunity to perform any other investigation in the broadest sense of the word. 7. FGH Bank N.V. is not bound by any written or verbal statements of its employees or advisors, with the exception of statements approved by the management of FGH Bank N.V. Prospective buyers may not rely on written or verbal statements of employees or advisors of FGH Bank N.V. without having first determined with certainty that said statements have been approved by the management of FGH Bank N.V. 8. FGH Bank N.V. is entitled to cancel the public sale procedure without this giving rise to any obligation towards the prospective buyers. Cancellation of the public sale procedure could (without limitation) be dictated by the debtor's full redemption under article 269, Book 3, Dutch Civil Code, or by virtue of arrangements made by FGH Bank N.V. with the debtor that result in a situation in which a public sale is no longer desirable. Under no circumstances is FGH Bank N.V. obliged to accept an offer of a prospective buyer. 9. Throughout the entire public sale procedure, FGH Bank N.V. is entitled to make changes in the conditions of the public sale procedure insofar as permitted by law. 10. Every prospective buyer is responsible for its own costs in connection with participation in the public sale procedure, including reimbursements and fees of its legal, financial and other advisors. Neither FGH Bank N.V. nor its advisors are in any way obliged to reimburse any costs whatsoever of any prospective buyer or buyers. 11. FGH Bank N.V. and the third parties it engages, including explicitly DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., accept no liability whatsoever for damages resulting from visiting this website or any damages resulting from services provided or information offered or referred to on the website and/or in the Data Room. 12. The information in the Data Room contains references or hyperlinks to other sites outside of the domain of this Data Room. These are included for information purposes for the benefit of the users and have been selected in good faith. FGH Bank N.V. and the third parties it engages, including explicitly DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., are not responsible for the content or availability of these sites or sources. FGH Bank N.V. and the third parties it engages, including explicitly DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., do not warrant or accept any liability for the content, data, recommendations, representations, software, products or other material on such sites or sources. 13. Excepting in cases of gross negligence or intent, neither FGH Bank N.V. nor any third parties it engages, including explicitly DTZ Zadelhoff v.o.f. and Loyens & Loeff N.V., are under any circumstances liable for loss of profit or extraordinary, incidental, indirect, additional or any other damages resulting from or relating to the functioning of the website or services of parties engaged by FGH Bank N.V., regardless of the manner in which these damages arise.

11 Despite the fact that the contents of this report have been meticulously checked, DTZ Zadelhoff v.o.f. cannot accept responsibility for any loss or damage suffered as a result of any incorrect information whatsoever presented in this report. Nothing from this publication may be copied and/or reproduced without the permission of DTZ Zadelhoff. For further information please visit: On this website you can also find a date and time of open viewing moments. DTZ Zadelhoff v.o.f., phone , onlineverkoop@dtz.nl All instructions are governed by the general terms and conditions of DTZ Zadelhoff v.o.f. The general terms and conditions, which are filed with the court registry of the District Court of Amsterdam, can be consulted on A copy will be sent to you free of charge upon request. For legal questions please contact C. Bijl, Loyens&Loeff N.V., phone. +31 (0) or bijl@loyensloeff.com Xander Lausberg Jaap van Dijk P. + (31) P. + (31) M. + (31) M. + (31) E. xlausberg@dtz.nl E. jdijk@dtz.nl For more than 45 years DTZ Zadelhoff has been a leading commercial property adviser and has developed integrated property solutions for owners, occupants, investors and financiers. Besides property management, valuations and advice on transactions, DTZ Zadelhoff offers a wide range of specialist services. Its expertise extends to offices, retail, business or logistics space as well as healthcare-related property and investment in residential complexes or hotels. More than 200 property advisers are always right up to date on the latest market developments so they can achieve the best possible result for their clients. DTZ Zadelhoff always leads the field in new developments on the property market and uses these new insights to keep improving its service. If you want only the best, the choice is clear. Definitely. DTZ Zadelhoff. With 13 offices in the Netherlands DTZ Zadelhoff combines its regional knowledge with nationwide coverage. In addition, the organization forms part of the DTZ international network. The combined business has more than employees operating across more than 260 offices in more than 50 countries. For more information, visit and Or follow us on