BID PROCEDURES
Set forth below are the bid procedures (the “Bid Procedures”) to be employed with respect to the prospective sale (the “Sale”) of 48 SFR detached lots (the “Lots”; and each, a “Lot”) owned by Capstone Consulting, LLC (“Capstone”) located at 1200 East and 1400 North in Logan, Utah. The Lots range in size from .24 acre to .63 acre, in the subdivision known as Mountainside Estates. This desirable East bench location is located adjacent to USU and features breathtaking mountain and valley views. Mountainside estates is conveniently nestled in a quiet established neighborhood with easy access to outdoor recreation with all the convenience of living in town. The Lots are close to trails, parks, schools, restaurants, shopping, hospitals, and more; see mountainsidelogan.com for more details.
Participation Requirements
Any person or entity that desires to become a “Qualified Bidder” and participate in the bidding process, must provide to Capstone by no later than the Bid Deadline (defined below) each of the following (the “Required Bid Documents”):
i. A term sheet proposing to purchase some or all of the Lots for consideration that is at least $145,000 per Lot;
ii. Written evidence, satisfactory to Capstone in its reasonable discretion, of a commitment for financing or other evidence of ability to consummate the Sale; and
iii. A refundable bid deposit in the amount of $5,000 (to be returned to the Qualified Bidder if it does not become the purchaser).
A “Qualified Bidder” is a potential bidder that submits the Required Bid Documents, whose financial information demonstrates the financial capability of the potential bidder to consummate the proposed transaction, and that Capstone determines is reasonably likely (based on availability of financing, experience and other considerations) to be able to consummate the Sale if selected as the successful bidder. Any Qualified Bidder must fully identify itself or, if it is representing some other entity or person, the identity of the other entity or person. Capstone will notify potential bidders who submit the information above whether they are Qualified Bidders on March 21, 2025.
Due Diligence
Capstone shall afford each potential bidder reasonable due diligence access regarding the Lots. Capstone will coordinate all reasonable requests for additional information and due diligence access from such potential bidders. Capstone shall not be obligated to furnish any due diligence information after the Bid Deadline (as defined below).
Bid Deadline
A Qualified Bidder desiring to make a Qualified Bid shall deliver the Required Bid Documents (as defined above) to Capstone as follows: George Hofmann, counsel for Capstone, c/o [email protected]; and also to Capstone c/o [email protected]; by no later than 4:00 p.m. (Prevailing Mountain Time) on March 20, 2025 (the “Bid Deadline”). Capstone may extend the Bid Deadline once or successively, but is not obligated to do so.
Bankruptcy Court Approval
All sales are subject to Bankruptcy Court approval. Capstone filed a voluntary Chapter 11 bankruptcy petition on February 18, 2025 in the United States Bankruptcy Court for the District of Utah under Case Number 25-20752. Capstone is managing its properties and conducting its business as a debtor-in-possession. Capstone will seek approval of all sales free and clear of all liens, claims, and interests pursuant to Bankruptcy Code § 363(f). Capstone may in its discretion seek Bankruptcy Court approval of auction procedures for the sale of one or more Lots, and may also seek Bankruptcy Court approval of Lot sales without an auction process.
“As Is, Where Is”
Each bidder shall be deemed to acknowledge and represent that it has had an opportunity to inspect and examine the Lots and to conduct any and all due diligence it deems necessary regarding the Lots prior to making its offer, that it has relied solely upon its own independent review, investigation and/or inspection of any documents or information in making its bid, and that it did not rely upon any written or oral statements, representations, promises, warranties or guaranties whatsoever, whether express, implied, by operation of law or otherwise, regarding the Lots, or the completeness of any information provided in connection with the Lots.
Miscellaneous
Capstone, in consultation with its advisors may (a) determine, in its reasonable business judgment, which Qualified Bid(s) or other bid presented by a Qualified Bidder is the highest or otherwise best offer; and (b) reject at any time before its acceptance of a bid, any bid that, in Capstone’s reasonable discretion, is (i) inadequate or insufficient, (ii) not in conformity with the requirements of the Bid Procedures, or the terms and conditions of sale, or (iii) contrary to the best interests of Capstone and its creditors. At or before the closing of the Sale, Capstone may impose such other terms and conditions as it may reasonably determine to be in the best interests of the creditors and that are not inconsistent with these Bid Procedures. All parties are responsible for their own legal and other fees.
For additional information contact: George B. Hofmann [email protected], (P) 801-363-4300, (F) 801-363-4378
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