Juice Bar – Food Service Equipment Online Auction

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Juice Bar – Food Service Equipment Online Auction

This equipment is about two years old or less, is all high quality and is some of the best used restaurant equipment we have offered in some time. This is one opportunity not to miss!

End Date: Tue, 30 August 2022, 9:00 am

Address : 2210 TX 114, Ste. 250, Trophy Club, TX 76262

VIEW RESULT

Juice Bar - Food Service Equipment Online Auction

By Order of Secured Creditor

Online Auction – Trophy Club, TX

Lots Begin Closing August 30, 2022 9:00 am CT

Address : 2210 TX 114, Ste. 250, Trophy Club, TX 76262

This equipment is about two years old or less, is all high quality and is some of the best food service equipment we have offered in some time. This is one opportunity not to miss!

Inspection: August 29th from 10am-2pm CT

Removal: September 2nd only. By Appointment

Highlights

Nor Lake 2- Door Walk-In Cooler/Freezer, each side 5’x8’

Nuova Simoneli Aurelia Wave Group Commercial Espresso Machine

Nuova Simonella Mythos Clima Pro 3 Espresso Grinder

Unox ChefTop Combo Oven

Manitowoc Indigo NDXT Ice Machine & Ice Bin 30” Wide

Zummo Nature Select Commercial Juicer

Ceado Automatic Fruit & Vegetable Juicer

E-Line EUR 48-N6V Under Counter Refrigerator 48”

E-Line EUR-J6N6 2-Door Under Counter Refrigerator 36”

Master Blaster Reach In Glass Top Freezer

Turbo Air 2 Drawer Base Refrigerator

Turbo Air 5’ Refrig Prep Station

Oasis C033r Refrigerated Display / Merchandising Cooler

Nitro Micro Matic MDD23-E-LT Beer Cooler w/ Anaconda Draft Tower

Power Prep P550 Produce Power Soaker

Practica Chef Express Speed Oven, counter top

Crathco E47-E49-3 Mini Quad Self Contained Refrig Grinder Mixer

Bunn Coffee Mill w/ Scale

Curtis G4GEMTF10A100 Coffee Brewer

(4) Blendtech Commercial Stealth Blenders

(2) Nutra Milk Commercial Blenders

Individual Office Pod, climate & noise controlled

Dining Room Tables & Chairs

Bar Stools

Serving Counter w/ Dry Prep Station

(6) LED Lighted Menu Boards

(2) POS Stations w/ Cash Drawers, card readers, printers

8’ Storage Counter w/ Trash Receptacles

(2) Stainless Steel Work Counters w/ back splash 30x80

(2) Formica Top work counters w/ storage

Espresso Work Counter

4 Bay Stainless Dishwashing Sink

Asstd Paper Goods & Supplies

HD Manual Juicer

Plus more

Jones Swenson Auctions

Specializing in "Sold!" Since 1983

W. Scott Swenson, CAI, GPPA - Texas Auctioneer License #7809

Former Juice Bar - Online Auction – By Order of Secured Creditor

Closes August 30, 2022 at 9:00 AM CT

Auction Location:2210 TX 114, Ste. 250, Trophy Club, TX

 

AGREEMENT BETWEEN BIDDER AND AUCTIONEER

AKA TERMS AND CONDITIONS

READ CAREFULLY AND COMPLETELY AS ALL AUCTIONS ARE DIFFERENT

These are the Terms and Conditions of Sale for this online auction. They consist of this introduction and seventeen numbered paragraphs that outline the relationship between you (“the Bidder”) and Jones Swenson Auction Marketing, Inc. DBA Jones Swenson Auctions (“Auctioneer”). Any bidder who does not provide all of the information requested during registration or who provides a non-working phone number or email address will have their bidding privileges revoked.If you want to bid in this online auction, you will first have to certify that you have read, understood, and agreed to these Terms and Conditions and the Legal Notice of Sale which is posted at the end of these Terms & Conditions. Such certification will function as your legal and binding electronic signature.  If you choose to make this certification, these Terms and Conditions will become binding both on you and on the Auctioneer, and all parties will be expected to abide by the Terms and Conditions if any issues arise in connection with this sale.  Any bidder who does not provide all of the information requested during registration or who provides a non-working phone number or email address will have their bidding privileges revoked.Inspection / Preview times: Mon. August 29th from 10am to 2pm only
  1. This is a Public Auction. By registering to bid in this auction, you acknowledge and agree to these terms and conditions. Lots begin closing in numerical order at 9:00 AM on August 30th, 2022 and will close one lot every 30 seconds, with extended bidding in effect. This is also known as a soft close. Bidders must provide a valid credit card to register to bid online
  2. Payment must be made by wire transfer, bank ACH /EFT transfer or cash. At the close of the auction, buyers will receive an “unpaid” invoice. Once payments are received, an email confirmation & paid invoice will be emailed to buyer confirming process of payment. BRING YOUR PAID RECEIPT WITH YOU TO PICK-UP YOUR PURCHASES. OUT OF STATE buyers will be required to pay by wire transfer or bank ACH /EFT transfer. Buyers should be available by cell phone (or other phone number provided at registration). Payment must be received by 5:00 PM on the day following the close of the auction. If you plan to pay with a wire or ACH/EFT transfer, start it as soon as possible. If you want to pay with cash, you will need to pay at the auction site on the morning of removal on Sept. 2nd. A paid invoice will be required to remove purchases. No items may be removed until payment is made in full.
  3. Buyer’s Premium: A fifteen percent (15%) Buyers’ Premium will be charged on invoices paid by wire transfer, cash, or ACH Bank Transfer.
  4. Texas Sales tax will be charged unless the buyer has provided a signed Sales Tax Resale Certificate or Exemption Certificate for this auction. Prospective buyers MUST fax or email their signed resale form prior to the end of the auction to (512) 261-9886 or info@JonesSwenson.com. NOTE: Texas Law requires the sales tax to be collected on the total price which includes the buyer’s premium.
  5. Removal: Friday, September 2nd, from 9:00 AM until 4:00 PM only, by appointment. If you cannot remove your purchases within this timeframe, do not bid. Auctioneer does not provide assistance with loading or shipping. Bring whatever equipment (especially dollies and tools) and personnel that you need for removal. Bring your paid receipt for removal. Anything remaining after removal time will be considered abandoned. The Auctioneer is not obligated to issue you a refund if you are unable to pick up and remove your items during the published removal times. Dollies are strongly recommended. Please come prepared to load your purchases.NOTE: The successful bidder may be required to sign a hold harmless agreement prior to the removal of any Assets to indemnify Secured Party, Auctioneer and the landlord for any damage to the building resulting from the removal of any Assets, unless such damage is resulting directly from the removal of any Assets anchored to the wall or floor of the building which Secured Party will be responsible for such damage to the landlord
 
  1. The Assets shall be sold to the highest and best bidder pursuant to the Uniform Commercial Code of Texas on an “AS IS, WHERE IS” basis, with all faults, without recourse, and without any express or implied representations or warranties whatsoever, including, without limitation, condition of title, value or quality of the Assets, or with regard to assets, liabilities, financial condition or earnings of the Borrower or any of its affiliates. THE SALE WILL BE FINAL AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, POSSESSION, QUALITY, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION ARE EXPRESSLY DISCLAIMED. All potential purchasers are responsible for their own due diligence. The Secured Party reserves its right, on or prior to the closing of the Sale, to withdraw all or a portion of the Assets from the Sale for any reason whatsoever, modify, waive or amend any terms or conditions of the Sale or impose any other terms or conditions on the Sale, including without limitation the right to establish other bidding procedures, and, if the Secured Party deems appropriate, to have potential bidders demonstrate their ability to perform and close on the acquisition of the Assets to the satisfaction of the Secured Party. Secured Party reserves the right to reject any or all bids or to continue the Sale to such time and place as the Secured Party, in its sole and absolute discretion, may deem fit, or to cancel such Sale without further notice. Additional or amended terms and conditions of the Sale may be announced on the Sale Date, or any continued Sale. Any statement in the description in the catalog or marketing regarding the items to be sold should be considered a limited guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities to inspect. There are NO REFUNDS OR RETURNS
  2. Bidder’s Duty to Inspect and Investigate: Bidder acknowledges that the Auctioneer is providing them with the opportunity to inspect the items being offered for sale in this auction.  The Auctioneer strongly encourages bidders to attend the scheduled inspection for this auction, which will take place on the dates listed above.  If you choose not to attend the scheduled inspection or are in doubt about the condition, completeness, or suitability of a given item, please bid accordingly. Please keep in mind that this equipment can have components come loose due to vibration when transported. Repairs for such matters are at the buyer’s expense.
  3. Choose Wisely: We want everyone to get a good deal and most will.  However, when you bid on the wrong item or decide an item is not suited for your intended use, our sellers will not assume the cost of your mistakes.  You agree that your failure to inspect or otherwise become fully informed about the items offered for sale in this auction will not be grounds for a refusal to pay amounts due, nor for any claim against the Auctioneer.
  4. Buyer is Responsible: Seller, Auctioneer and Buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages (whether based on contract, tort, warranty, negligence, strict liability or any other legal theory, and including special, incidental and consequential damages), losses, expenses, attorneys’ fees, court costs, etc., that arise out of or result from the removal, possession or use of any items purchased at this auction, or any other claim regarding the use or possession of any asset purchased at this auction.
  5. Default and Resale:  You agree that if, after being declared the winning bidder, you fail to pay for any item that you have won for any reason, your account will be declared in default.  If you still fail to pay for any item after being notified of your account’s being in default, you agree that the Auctioneer will have the right to immediately resell your item, and you further agree to pay (a) any cost associated with the resale and (b) any deficiency between your original purchase price and the resale price.
  6. Disposal of Unclaimed Items:  In the event you refuse to pay for or abandon any item that you win at auction, the Auctioneer will have the option of reselling, removing, storing, or disposing of the unpaid-for or abandoned item.  You understand and agree that you will be personally responsible for all deficiencies – and all legal, collection, transportation, and storage expenses – associated with your delinquent account and/or abandoned items.  In the event of resale, you agree to pay any cost associated with the resale as well as any deficiency between your original purchase price and the resale price.
  7. Suspension of Bidding Privileges:You understand and agree that any violation of these Terms and Conditions — and/or any unsafe or illegal activity during any auction-related event — may result in the Auctioneer’s suspending your online bidding privileges indefinitely. Nothing in this paragraph will limit the Auctioneer’s right to any other remedies at law or in equity.
  8. Internet Problems: Auctioneer and Seller are not responsible for any internet connection problems that may occur during the auction. Bidders should understand that sometimes internet connection or delay problems do occur. Auction lots will not be re-sold or brought back up for bidding because of internet problems. If you have issues with placing bids, please contact HiBid Customer Service directly (352) 414-1947.
  9. Missing Items: In the event an item sold in the auction is found to be missing or it is determined that an items cannot be legally sold, prior to removal, the Auctioneer/Seller will only be responsible for the refund of the purchase price, buyer’s premium and any sales tax. Buyer agrees that the only compensation due them will be the refund of actual money paid.
  10. Claims and Choice of Venue:  Any claim or controversy arising out of or relating to these Terms and Conditions, or to any breach thereof, will be resolved exclusively by a state court having jurisdiction in Travis County, Texas, or in the Federal District Court for the Western District of Texas, where federal jurisdiction exists. Each party hereby submits to the jurisdiction and venue of such courts. You agree that all claims instituted by you will be litigated on an individual basis, and will not be consolidated with any claim made by another party.  You agree that any judgments awarded may be applied to and collected from you personally or corporately.  Should you file an action contrary to this paragraph, the defending parties may recover reasonable legal fees and costs.  Further, if you bring a claim against the Auctioneer and do not prevail, and/or if the Auctioneer takes action against you as a result of your violation of these terms and conditions and is the prevailing party, you agree that you will reimburse the Auctioneer for all reasonable legal fees and costs including reasonable attorney’s fees.
  11. Governing Law & Venue:  These Terms and Conditions will be governed by and construed under the laws of the State of Texas. Venue is Austin, Texas.
  12. Auctioneer’s Rights, Seller’s Rights, Entire Agreement & Updates:
  13.  Auctioneer reserves the right to alter these terms & conditions at any time prior to the close of the auction. Seller reserves the right to add or remove items from the auction prior to the close of the auction. Notice will be given to bidders via the revised catalog and terms & conditions being posted to the online catalog and the auction info page on JonesSwenson.com. These Terms and Conditions contain the entire agreement between the Auctioneer and the Bidder and supersede any prior oral or written agreements relating to the same subject matter. Please monitor the auction info page on JonesSwenson.com for up to date information and notices regarding this auction.
 For questions, please contact auction office: (512)261-3838 or Info@JonesSwenson.com 

NOTICE OF SECURED PARTY’S PUBLIC SALE OF

COLLATERAL UNDER UNIFORM COMMERCIAL CODE OF TEXAS

STATE OF TEXAS COUNTY OF DENTONPLEASE TAKE NOTICE that, pursuant to V.T.C.A., Bus. & C. §9-610, et al., Uniform Commercial Code of Texas and that certain Security Agreement (the “Agreement”), dated as of April 3, 2020, executed by COY & NEWBERRY ENTERPRISES, LLC, (“Borrower”) in favor of CADENCE BANK, formerly known as Cadence Bank, N.A . (the “Secured Party”), the Secured Party is hereby selling pursuant to a public auction under theUniform Commercial Code of Texas (the “Auction”) certain property of Borrower (the “Sale”) with the best offer controlling the Sale, conducted by Jones Swenson Auctions (the “Auctioneer”) via online only at www.jonesswenson.com (the “Website”). Opening bids commenced and will close on August 30, 2022 at 9:00 a.m. C.S.T., unless otherwise extended due to active competitive bidding. The Secured Party was granted a first priority security interest in certain assets to secure the underlying indebtedness and obligations of Borrower to the Secured Party (the “Indebtedness”), as set forth in that certain $350,000.00 U.S. Small Business Administration Note, dated as of April 3, 2020, executed by Borrower, in favor of the Secured Party (the “Note”), as secured by the Agreement and evidenced by that certain UCC Financing Statement with Borrower as Debtor and Secured Party as the Secured Party, Filing No. 20-0012858531, filed on April 6, 2020 with the Texas Secretary of State (the “Financing Statement”).The full Indebtedness secured by the Agreement has been and is hereby declared due and payable because of certain events of default that have occurred and are continuing under the terms of the Agreement, including without limitation, nonpayment of the Indebtedness as and when due, and the full Indebtedness as evidenced by the Note and the Agreement is now and remains due and payable in full. As a result of the foregoing, in accordance with the Agreement, and Texas law, the Secured Party has determined to exercise its remedies thereunder, including without limitation the power of sale, for the sole purpose of paying the Indebtedness, including all expenses of the Sale, attorneys’ fees, and all other payments provided for under and pursuant to the Agreement.Written notice of this Auction was given to Borrower, whereby the Secured Party provided notice of its intent to foreclose upon the following property of the Borrower, whether now or hereafter owned, existing, acquired or arising and wherever now or hereafter located (all terms used hereinafter and not otherwise defined shall have the meaning ascribed thereto in the Uniform Commercial Code of Texas, including without limitation, all tangible and intangible property of the Borrower, whether now owned or hereafter acquired, wherever located, including. but not limited to, the Borrower's interest now owned and hereafter acquired in the following types or items of property (all terms used herein shall have the meanings set forth in Article 9 of the Uniform Commercial Code):ALL EQUIPMENT AND MACHINERY, INCLUDING POWER DRIVEN MACHINERY AND EQUIPMENT, FURNITURE AND FIXTURES NOW OWNED OR HEREAFTER ACQUIRED, Attachment I 2 AND WHEREVER LOCATED TOGETHER WITH ALL REPLACEMENTS THEREOF, ALL ATTACHMENTS, ACCESSORIES, PARTS AND TOOLS BELONGING THERETO OR FOR USE IN CONNECTION THEREWITH AND PROCEEDS THEREFROM. ALL INVENTORY, RAW MATERIALS, WORK-IN-PROCESS AND SUPPLIES NOW OWNED OR HEREAFTER ACQUIRED, PROCEEDS THEREFROM AND WHEREVER LOCATED. ALL ACCOUNTS, ACCOUNTS RECEIVABLE AND ANY TENANT ALLOWANCE RECEIVED FROM BORROWER’S LANDLORD NOW OUTSTANDING OR HEREAFTER ARISING. ALL CONTRACT RIGHTS, INSTRUMENTS, DOCUMENTS, CHATTEL PAPER AND GENERAL INTANGIBLES NOW IN FORCE OR HEREAFTER ACQUIRED AND PROCEEDS THEREFROM; SAID ITEMS ARE LOCATED ON THE PROPERTY LOCATED AT 1742 SQUARE FEET LOCATED IN THE TROPHY CLUB TOWN CENTER SHOPPING CENTER, DENTON COUNTY, DENTON, TEXAS OR WHEREVER SAME MAY BE LOCATED. ALSO INCLUDING ANY other personal property of Borrower located at Borrower’s business also known and operated as DRNK COFFEE + TEA located at 1742 +/- square feet located at Trophy Club Town Center Shopping Center, Denton County, Denton, Texas and more specifically identified in EXHIBIT A (collectively, the “Assets”).The Assets shall be sold to the highest and best bidder pursuant to the Uniform Commercial Code of Texas on an “AS IS, WHERE IS” basis, with all faults, without recourse, and without any express or implied representations or warranties whatsoever, including, without limitation, condition of title, value or quality of the Assets, or with regard to assets, liabilities, financial condition or earnings of the Borrower or any of its affiliates. THE SALE WILL BE FINAL AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, POSSESSION, QUALITY, QUIET ENJOYMENT OR THE LIKE IN THIS DISPOSITION ARE EXPRESSLY DISCLAIMED. All potential purchasers are responsible for their own due diligence. The Secured Party reserves its right, on or prior to the closing of the Sale, to withdraw all or a portion of the Assets from the Sale for any reason whatsoever, modify, waive or amend any terms or conditions of the Sale or impose any other terms or conditions on the Sale, including without limitation the right to establish other bidding procedures, and, if the Secured Party deems appropriate, to have potential bidders demonstrate their ability to perform and close on the acquisition of the Assets to the satisfaction of the Secured Party. Secured Party reserves the right to reject any or all bids or to continue the Sale to such time and place as the Secured Party, in its sole and absolute discretion, may deem fit, or to cancel such Sale without further notice. Additional or amended terms and conditions of the Sale may be announced on the Sale Date, or any continued Sale. The Secured Party reserves its right to credit or otherwise bid at the Sale and to apply the expenses of the Sale and all or any part of the total amount of the Indebtedness owed to the Secured Party under the Note and Agreement, in satisfaction of the purchase price. The Secured Party reserves all of the rights accruing to it under the Agreement, including the right to seek a judgment for any deficiency remaining on account of its Indebtedness after the conclusion of the Sale. Borrower is entitled to an accounting of the unpaid Indebtedness secured by the Assets that Secured Party intends to sell upon its calling Secured Party’s Counsel at 404-835-2729, at its own expense. The highest bidder, other than the Secured Party, will be required to pay the successful purchase price of the Assets, plus a buyer’s premium on the full bid amount representing the Auctioneer’s fees and costs, (i) at the time of the Sale, or at a time otherwise provided in the terms and conditions of the Sale disclosed to all “qualified bidders,” and (ii) in cash, wire transfer, by cashier’s check, or in other immediately available funds. All bidding parties shall be responsible for their own transaction costs, property removal expenses, if any, and professional fees. The successful bidder may be required to sign a hold harmless agreement prior to the removal of any Assets to indemnify Secured Party, Auctioneer and the landlord for any damage to the building resulting from the removal of any Assets, unless such damage is resulting directly from the removal of any Assets anchored to the wall or floor of the building which Secured Party will be responsible for such damage to the landlord. The successful bidder will take the Assets subject to all sales, use, excise, stamp, documentary, filing, recording, transfer, unpaid ad valorem, assessments or similar fees or taxes or governmental charges, as levied by any taxing authority or governmental in connection with the transfer of the Assets or which area lien not yet due and payable and resulting.The Assets may be inspected at Trophy Club Town Center Shopping Center, Denton County, Denton, Texas at commercial retail space commonly known as DRINK coffee + tea/QWENCH juice bar on August 29, 2022, between the hours of 10:00 a.m. C.S.T. to 2:00 p.m. C.S.T.All qualified bidders shall receive this notice as it is incorporated by this reference into the Online Terms and Conditions of Sale and by this reference each bidder acknowledges this notice prior to submission of any bid at the Auction during the Sale.