TERMS OF SALE: NO UPSET PRICE: The property will be sold in "AS IS" condition without any representations or warranties as to title or possession conveyance to the highest bidder at public auction without upset price. The successful bidder shall make a down payment in an amount not less than ten percent (10%) of highest successful bid price in cash or by way of certified c]or cahier’s check. Prior to bidding, bidders must show the Commissioner their ability to make the required down payment immediately upon the close of the bidding; at the Court’s discretion the 10% down payment may be forfeited in full or in part if the purchaser fails to pay the balance of the purchase price as ordered by the Court; the balance of said purchase price shall be paid upon approval and confirmation of the sale; all costs and expenses of the sale, including but not limited to the costs of drafting the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, any proof of title or title insurance, and notary fees, costs of securing possession of the property, shall be paid by the Purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The Court will reopen the auction and accept open bids at the confirmation hearing on the condition that the initial opening bid be at least five percent (5%) higher than of the highest bid at the Commissioner’s sale; SALE SUBJECT TO COURT CONFIRMATION.