PUBLIC NOTICE OF MECHANICAL EQUIPMENT SALE: Marlyn Nutraceuticals Inc.

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION

MARLYN NUTRACEUTICALS, INC., Plaintiff v. Z AUTOMATION COMPANY, et. al., Defendants – Case No. 2017 L 000150

NOTICE OF PUBLIC SALE OF MECHANICAL EQUIPMENT

BE ADVISED that on NOVEMBER 14, 2023 at 1:30 p.m., CST, Plaintiff MARLYN NUTRACEUTICALS, INC. will sell at Public Auction/Sale that certain Intermittent Motion Horizontal Cartoning System, Model No. CH-10.5-301, Serial No. 07321 (the “Equipment”) currently located at Marlyn Nutraceuticals Inc., 4404 East Elwood Street, Phoenix, AZ 85040, will be sold at Public Sale pursuant to 735 ILCS §5/2-1402, and 810 ILCS §5/9-503 and §5/9-504 to occur REMOTELY Via ZOOM, subject to the following Terms and conditions:

The Equipment:

• will be sold AS IS, WHERE IS, without recourse, representation, warranty or guaranty, whether express or implied, and free and clear of any and all liens;
• The Equipment is secured and available for inspection by appointment only;
• Parties wishing to inspect the Equipment or who desire additional information regarding the Sale, should contact the Selling Agent, Markoff Law LLC, attn: Douglas C. Giese, 29 N. Wacker Drive, Suite 1010, Chicago, Illinois 60606; (312) 698-7355; Facsimile- (312) 698-7399, [email protected];
• Inspection will be permitted between 10:00 a.m. and 4:00 p.m. from the date of publication until NOVEMBER 10, 2023, and between 10:00 a.m. and 2:00 p.m. on NOVEMBER 13, 2023

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PLAINTIFF EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. PLAINTIFF WILL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The Sale shall be held WITH RESERVE.

The Successful Bidder will be responsible for all costs and expenses associated with removing the Equipment from its current location, or any storage charges which shall begin to accrue at the rate of $250.00 per day within 31 days after entry of an Order approving Sale.

The Sale may be canceled or postponed for any reason whatsoever by announcement at the time and place of the Sale.

The Opening Bid at Sale will be $20,000.00.

Selling Agent reserves the right to announce additional reasonable terms at the time and place of the Sale.

To be deemed a Bidder Authorized to Participate at Sale, you MUST:

1. Deposit $20,000.00 with Selling Agent via cash, electronic deposit or certified check payable to Markoff Law LLC, as Counsel for Marlyn Nutraceuticals Inc., at least 30-hours in advance of the Sale Date and Time – Details for Electronic Deposits can be obtained from Selling Agent at [email protected] or 312/698-7355; and,
2. Consent to personal jurisdiction before the Circuit Court of Cook County, Illinois – County Department – LAW Division.

A complete list of the terms/Conditions of Sale will be provided electronically upon receipt if the Deposit.

After (i) the sale is called, (ii) a winning bidder is identified, and (iii) the balance of the winning-bid is paid-in-full, all deposits will be returned by Selling Agent within seven days of the close of the auction.

The balance of the Successful High Bid MUST be paid to Selling Agent by electronic funds, cashier’s/certified check or cash or no later than 48 business hours after acceptance of the Highest Bid.

Failure to pay such balance within such time will result in the Sale Deposit being deemed forfeited as liquidated damages, and the Next-Highest Bidder being deemed the Winning Bidder.

Upon payment-in-full, and after entry of an Order approving the Sale (the “Sales Order”), Possession of the Equipment shall be tendered and accompanied by a Selling Agent Bill of Sale to the New Owner.

Arrangements must be made for the removal of the Mechanical Equipment or continued storage of same within fourteen (14) days after entry of the Sales Order, and failure to remove or make arrangement for the continued storage of the Equipment within such 14 day period will result in the imposition of a storage fee of $250.00 per day against New Owner.

Failure to remove the Equipment within sixty-one (61) days after entry of the Sales Order absent a continued storage agreement will be deemed a surrendered and waiver of all rights, title and interest in and to the Equipment, and may result in an Award of Damages against the New Owner.