High Bidder acknowledges and agrees that, while HUD provided some information
concerning the Property to all bidders for review prior to the Foreclosure Sale, such
information may have been inaccurate or incomplete.
D. High Bidder understands that the Foreclosure Sale of the Property is not contingent
upon the High Bidder securing favorable financing terms. High Bidder
acknowledges that, prior to Closing, HUD will not allow access to the Property for
appraisal or any other reason.
E. High Bidder’s Bid is based on its own evaluation of the Property and not upon any
representations by HUD. High Bidder’s inability or failure to inspect or otherwise
be fully informed as to any factor bearing upon the valuation of the Property shall
not be a basis for termination of this Foreclosure Sale nor affect High Bidder’s or
HUD’s liability, obligations, or duties.
F. BIDDER RESTRICTIONS AND ELIGIBILITY:
1. No member of or delegate to Congress, resident commissioner of the
Property, or any local elected official (a “Restricted Party”) will share in any
part of this Foreclosure Sale, or to any benefit arising from owning the
Property. This provision does not apply to the extent that the High Bidder is
a corporation, and a Restricted Party is a shareholder of the corporation and
the purchase of the Property is for the corporation’s general benefit.
2. The High Bidder is not suspended, debarred, or temporarily denied from
participating in HUD programs. If the High Bidder becomes suspended,
debarred, or temporarily denied participation prior to Closing, the Foreclosure
Sale will be terminated, and HUD will retain as liquidated damages the
Earnest Money Deposit and any Extension Fees paid.
3. The High Bidder is not the defaulting mortgagor, or any Principal, successor,
Affiliate, or assignee thereof, on the multifamily mortgage that is the subject
of the Foreclosure Sale. The High Bidder will also ensure that the defaulting
mortgage or any Principal, successor, Affiliate, or assignee thereof will not
acquire the Property or any interest in the High Bidder.
4. The High Bidder is not the FHA Lender or an affiliate thereof that benefited
from the FHA insurance claim associated with the mortgage HUD foreclosed
upon as part of the Foreclosure Sale.
G. ANTI-COLLUSION: High Bidder confirms it arrived at the Bid independently and
without any consultation, communication, or agreement with any other bidder at
the Foreclosure Sale relating to the Bid, the intention to submit the Bid, or the
methods and factors used in calculating the Bid. Further, the Bid was not knowingly
disclosed, directly or indirectly, to any other bidder before or during the Foreclosure
Sale, unless otherwise required by law. High Bidder did not induce or attempt to
induce any other Foreclosure Sale Bidder to submit or not to submit a bid for any
purpose of restricting competition,
H. REMEDIES FOR BREACH: In the event of a breach by High Bidder of any
representation or warranty, HUD has at its election, the right to terminate this
Acknowledgement and all further obligations of HUD hereunder and, in the event
of such termination, the provisions of Section VIII of this Acknowledgment shall
be applicable. If any representation or warranty set forth in this Acknowledgement
is not true and accurate as of the Closing Date, High Bidder shall so advise HUD.