NOTICE OF SALE REAL ESTATE The writer Dr. Filomena Maria Luisa Curatola, in the capacity of Curator of the Bankruptcy Omitted n. 1459/1998: having regard to the provision issued on 09/11/2019 by the GD Dott.ssa Ambra Alvano of authorization to carry out the deeds compliant with the liquidation program, already approved by the GD with the replacement powers pursuant to art. 41 Lf, and seen the limbs. 107 and 108 LF, NOTES starting from 6/07/2020 at 12:00 and until 21/07/2020 at 12:00 , the following goods will be sold through competitive telematic procedure, through the commissioner Edicom Servizi Srl,: SINGLE LOT: Property identified at the NCEU of the Municipality of Melito Porto Salvo, on sheet 34, parcel 332, sub 1, category D / 8, parcel 337, sub 3, category D / 1 and parcel 337, sub 1, category D / 8 Base auction price: €. 2,336,622.00 plus charges - minimum raises of € 20,000.00 - 10% deposit of the price offered - minimum accepted offer: €. 1,752,466.50 (equal to 75% of the indicated base auction price); ALSO NOTICE You can participate electronically in the sale through the web portal www.doauction.it through the formulation of an irrevocable offer to purchase and pay a deposit equal to 10% of the price offered to be paid according to the instructions provided by the system during the guided procedure. to register for the race - Anyone interested in formulating the irrevocable purchase offer in a valid manner must register free of charge on the website www.doauction.it , expressly accepting the general conditions as well as the conditions and terms prescribed in the ordinance and / or in the notice of sale of each single rod. When registering, each user is asked to choose a username and password, which will be the credentials with which he / she can access the site and participate in the auctions; - The offers to purchase the lot at auction must be formulated by the registered and enabled user, within the scope of the lot of interest, within the terms and according to the methods prescribed in the ordinance and / or in the notice of sale of the reference auction. In any case, the bids made will be subject to prior verification on the correspondence of the same to the prices and methods of relaunch prescribed in the order and / or in the notice of sale of the reference auction. The portal operator therefore reserves the right to cancel the ineffective offer, as it does not comply with the conditions, methods and terms prescribed in the order and / or in the notice of sale of the auction of interest. The duly registered auction participant who intends to act on behalf of third parties must have a power of attorney (even if not a notary), showing all the references of the person represented as well as the property for sale for which he intends to proceed. This power of attorney must be signed in clear and in full and can be delivered to the Edicom Servizi Srl headquarters - Via Marchese di Villabianca n ° 21, 90143 Palermo, during office hours, or sent by registered mail with return receipt by fax {091 6261372) already at the time of the opening of the electronic auction and in any case before the end of each sale experiment. For the purposes of regularity, the date of delivery or receipt of the fax will prevail. In case of power of attorney by a natural person, the same must be accompanied by a photostatic copy of the identity document (valid) and tax code of both the delegate and the delegating party. In the event of a power of attorney by a legal person, the same must be accompanied by a photostatic copy of an identity document (currently valid) and the tax code of both the delegate and the delegating person, in addition to the original or photostatic copy of the Chamber of Commerce certificate (pending validity) of the delegating company. The delegate participating in the auction is in any case jointly and severally liable with the delegator for any procedural non-compliance and specifically for failure to settle within the deadlines indicated. In any case, the burden of each interested party falls on the expert opinion of the properties making up the lot for sale and all the related documentation. The properties can be viewed, upon request to be sent directly to the curator / commissioner; - The commissioner and the curator will provide any useful information, including by phone or e-mail, to the interested parties on the methods of sale and the methods of participation, as well as on the characteristics and consistency of the goods; - Each offer will be considered valid and effective only upon payment of a deposit equal to 10% of the offered price to be paid according to the instructions provided by the system during the guided procedure for registering for the tender; - In the event of a plurality of offers and relaunches made in the three minutes prior to the expiration time of the telematic tender, the tender will be extended for a further three minutes by the bidders until the offers are definitively exhausted; - at the end of the tender, the one who has submitted the best valid offer by the end of the tender will be declared provisional winner ; - The presentation of the offer presupposes full knowledge, of this sales notice, of the estimate report and of the values deriving from the expert report prepared and filed on 07/05/2018 by the expert witness, appointed for this purpose by the bankruptcy bodies in as filed in the Procedure documents; - which will be given in any case at the time of submission of the application for participation, and of any other information concerning: conditions of sale conditions and the factual status, of the right of the good that can be inferred from the procedural file; - if the curatorship, upon the outcome of the electronic tender and in any case before the transfer operations are started in favor of the successful tenderer, should receive an irrevocable offer for improvement and security for an amount not less than 10% higher than the price of award, the bodies of the procedure will evaluate the completion of a further time-based telematic tender which will have as an auction base price the amount of the bid increasing; TERMS OF SALE - The sale takes place in the state of fact and law in which the goods are found, with all the possible appurtenances, accessions, active and passive easements; - The sale is for the body and not for the measure; any differences in size will not give rise to any compensation, indemnity or price reduction. The sale is not subject to the rules concerning the guarantee for defects or lack of quality pursuant to art. 2922 of the Italian Civil Code. The existence of any defects, lack of quality or non-conformity of the thing sold, urban, ecological and environmental burdens, any adjustments to the current regulations in the field of prevention and safety - even if hidden or not highlighted in the expert reports - cannot give give rise to any indemnity, compensation, price reduction, the costs and expenses of which will be borne by the successful tenderer; - The goods are sold free of mortgage registrations and transcriptions of foreclosures or seizures which are canceled at the expense and care of the successful tenderer; - Once the winner of the lot for sale has been identified, the following formalities must be carried out: 1) The curator and the successful tenderer will sign a private agreement which will configure a unilateral preliminary contract, having the following contents: a) commitment by the successful tenderer to enter into the definitive purchase and sale contract within a maximum period of 120 days from the date of the award, i.e. within the deadline for the payment of the balance; b) penalty clause for an amount equal to the deposit attached to the purchase offer {10% of the price), as a result of which the liquidator may retain the sum net of the fees due to the commission agent, in the event that - for reasons attributable to the successful tenderer - does not reach the conclusion of the final deed of sale within 120 days; 2) The ownership of the lot will be transferred to the successful tenderer through a notarial deed and upon simultaneous full payment of the price to the liquidator and the amount due for taxes to the notary. The notary will be chosen by the successful tenderer. The draft of the notarial deed, the content of which must take into account the specific nature of the bankruptcy sales, must first be submitted to the scrutiny of the GD; 3) The Bankruptcy GD will issue the cancellation order pursuant to art. 108 LF after full payment of the price and expenses; All costs relating to the notarial deed (notary fees, transcription and cancellation costs of prejudicial and other formalities) will be borne by the successful tenderer. The buyer will also be responsible for any request for an energy certificate in the event that it should be necessary for the transfer of ownership; - The appraisal report, referred to in this ordinance, will be published and viewable on the websites: www.doauction.it; www.asteannunci.it; www.canaleaste.it; www.asteavvisi.it; www.rivistaastegiudiziarie.it; - This notice will be published by the person in charge of Edicom Servizi srl as "S object entitled to publication " also on the " Public Sales Portal "; - For any sales conditions not expressly indicated in this notice, please refer to the regulation and general conditions indicated on the portals www.doauction.it and www.astemobili.it ; IN ORDER TO PAY THE PRICE AND THE ADDITIONAL CHARGES - The balance of the price: must be paid by the successful tenderer in the manner indicated above no later than 120 days. from the issuance of the definitive award measure issued by the Delegated Judge to Bankruptcy, communicated by the liquidator to the successful bidder and the commission agent; - The successful tenderer must also deposit, within the same term of one hundred and twenty days from the award, in the manner of judicial deposits, the sums necessary for the transfer costs in the lump sum of 15% of the hammer price (except for adjustment and different quantification that will be determined and communicated by the Registry), or 10% of the hammer price if it is a "first home" purchase and there are no hypotheses excluded from the benefit, except, in any case, adjustment or return of the surplus; failure to pay within the prescribed period may result in the revocation of the award, after assessing any other circumstances; - In case of non-payment of the price balance: the successful tenderer will be declared lapsed and the loss of the sums already paid will be pronounced as a fine, except for compensation for damage pursuant to art. 587 of the Code of Civil Procedure. The commission agent, in this case, will transfer the sums forfeited to the passbook or to the account registered for the bankruptcy procedure, net of his fees equal to 10% plus VAT on the security withheld; - The payment of sales compensation: due to the Commissioner ( 0.8% over VAT ) must be made no later than 10 days. from the final award on the Edicom Servizi Srl account, exclusively by bank transfer to the following coordinates: IBAN Code IT06 Z030 6904 6231 0000 0004 900 indicating the reason for payment: "Sales compensation - RG Procedure no. 1459/1998 Court of Reggio Calabria Lot single"; - For the purposes of art. 1193 of the Italian Civil Code, it is established that any sum paid will be charged first to the transfer costs (including the part of the fee due to the commission agent) and then to the residual price; - The tax charges (registration tax / VAT, mortgage and cadastral tax, stamps) and all other expenses related to the sale (transcription of the transfer decree, cadastral transfer, stamps and other) are entirely borne by the buyer, and they will be paid directly by the successful tenderer to the curatorship on the current account in the name of the procedure, according to the procedures and within the deadline which will be communicated by the liquidator directly to the successful tenderer. - The successful tenderer must, at his own expense and in agreement with the curator: to complete the registration formalities and those relating to the transfer of ownership; - It should be noted that the award, even if the balance of the price has been paid in full, is always to be considered "provisional", as it will be completed only, unless otherwise provided by the bodies of the procedure, once 10 days have elapsed from referred to in paragraph 5 of art. 107 LF (filing of the provisional award report at the registry); For more information and to request a view of the assets, contact the Bankruptcy Trustee Dr. Filomena Maria Luisa Curatola with a studio in Via Gaeta 3 - 89127 Reggio Calabria (RC) - Tel. 0965-28422 - 3382913803 - luisacuratola@libero.it - mlcuratola @ pec.it Reggio Calabria there, 05.05.2020 The Curator