$780,000
JUDICIAL SALE OF MORTGAGED LANDS
Description
JUDICIAL SALE OF MORTGAGED LANDS
The following property is offered for sale by tender subject to the restrictions in the existing Certificate of Title, namely:
PLAN 2211705
BLOCK 9
LOT 34
EXCEPTING THEREOUT ALL MINES AND MINERALS.
The property is a two-story detached house located in Chestermere, Alberta. It has a total floor area of approximately 5540 square feet. It has 3 bedrooms, 1 two piece bathroom, 1 four piece bathroom, 1 five piece bathroom and an attached triple garage. The asking price for the property is $780,000.00. For further details, interested parties may refer to the Affidavit of Value and Valuator’s Report filed in these proceedings by obtaining a copy by contacting the law firm below. Prospective tenderers are not entitled to inspect the lands and must not disturb the occupants of the Lands.
Tenders in sealed envelopes referencing Court file number 2601 04400, accompanied by your address for notification and a copy of a certified cheque, money order, or cash for 10% of the amount of the tender, must be in the hands of the Clerk of the Court, Calgary Courts Centre, 601 – 5th Street SW, Calgary, Alberta, T2P 5P7 by 12:00 noon on June 29, 2026. The attached Schedule A must be initialed and included with your offer. The matter will be heard at the Calgary Court Centre on July 7, 2026 at 10:00 am, 9th Floor.
The balance of the purchase price shall be paid into Court within 30 days, if your tender is accepted. You will be notified of the date and time when the Court will consider your tender. If your tender is accepted and you do not complete the purchase within 30 days, then your deposit will be forfeited.
The successful tenderer shall take the mortgaged lands as is. No warranties of any kind are made with respect to the mortgaged lands. The highest or any tender will not necessarily be accepted. The deposits of unsuccessful tenderers will be returned to them.
The following encumbrances will remain registered against the title:
221 239 559 Utility Right of Way
221 239 573 Caveat
For further particulars contact Bishop & McKenzie, Barristers and Solicitors, 2300, 10180 101 Street, Edmonton, Alberta, attention: Douglas J Hughes, phone: 780-426-5550 or email: dhughes@bmllp.ca, file no. 30882-7229.
SCHEDULE “A” TO THE REAL ESTATE PURCHASE CONTRACT entered into between
THE COURT OF KING’S BENCH OF ALBERTA (the “Seller”) and
_____________________________________________________________________________ (the “Buyer”)
The terms of this schedule replace, modify or add to the terms of the agreement of purchase and sale (the “Real Estate Purchase Contract”) to which this schedule is attached. Where there is any inconsistency between the terms of this Schedule and the Real Estate Purchase Contract, the provisions of this Schedule shall prevail.
AS IS - WHERE IS
1. The Buyer acknowledges and agrees to purchase the mortgaged lands, all buildings and improvements located on the mortgaged lands (the “Property”), and any and all fixtures (“Attached Goods”) and chattels (“Unattached Goods”) included in the Real Estate Purchase Contract or included in the sale of the property, “as is” and agrees with the Seller that neither the Seller, nor its agents or representatives have made any representations or warranties with respect to the Property or any Attached Goods or Unattached Goods included in the sale of the Property. Without limiting the generality of the foregoing, the Buyer agrees that neither the Seller nor its agents have made any representations or warranties with respect to:
a) the condition of any buildings or improvements located on the Property;
b) the condition of any Attached Goods or Unattached Goods included in the Real Estate Purchase Contract or otherwise sold with the Property;
c) whether the Property complies with any existing land use or zoning bylaws or regulations, or municipal development agreements or plans;
d) the location of any buildings and other improvements on the Property and whether such location complies with any applicable municipal bylaws or regulations;
e) whether or not any buildings or improvements located on the Property encroach onto any neighbouring lands or any easements or rights of way;
f) whether or not any buildings or improvements located on any neighbouring lands encroach onto the Property;
g) the size and dimensions of the Property or any building or improvements located thereon;
h) whether or not the Property is contaminated with any hazardous substance; and
i) whether or not any of the buildings or other improvements located on the Property have been insulated with urea formaldehyde insulation.
OWNERSHIP OF UNATTACHED GOODS
2. The Buyer agrees that the Seller is selling only such interest as it may have in any Attached goods or Unattached Goods referred to in the Real Estate Purchase Contract, or which may be located on the
___________________________
Buyer’s Initial
Date:____________________
Property, and the Seller does not warrant that it has title to such Attached Goods or Unattached Goods. Further, the Buyer agrees that the Seller will not be liable for the removal of any chattels found on the Property prior to or on the date of closing. On closing, the Buyer may have possession of the Attached Goods and Unattached Goods which are then on or about the Property on an “as is” basis, and the Seller will not provide a Bill of Sale, Warranty, or other title document to the Buyer. Further, there will be no adjustment or abatement of any kind to the Purchase Price with respect to any Attached Goods or Unattached Goods.
REAL PROPERTY REPORT & COMPLIANCE
3. The Seller is not required to provide the Buyer with a real property report or compliance certificate. Should the Seller provide the Buyer with a copy of a survey or real property report, the Buyer agrees that any use of or reliance upon such document shall be at the Buyer’s own risk. The Buyer must satisfy itself that the survey or real property report which the Seller might provide accurately reflects the Property and the buildings and improvements located thereon as they currently exist and the Seller shall not be responsible for any errors or omissions which might exist on such document. The Seller does not represent or warrant the accuracy or validity of the said survey or real property report or compliance certificate.
CONDOMINIUM
4. If the Property is a condominium:
a) the Seller is not required to provide any condominium documentation to the Buyer and the Buyer shall be solely responsible to obtain any condominium documentation he may require. Without limiting the generality of the foregoing, the Buyer may obtain on his own and at his sole costs and expenses any estoppel certificate, copy of the condominium bylaws and financial statement for the Condominium Corporation that he may require;
b) the Buyer must satisfy himself with the condition of the condominium unit, the common property, and the financial condition of the condominium corporation and agrees that neither the Seller nor its agents, have made any representations or warranties pertaining to same including, without limiting the generality of the foregoing, the adequacy of any reserve fund the condominium corporation might have, any potential special assessments which might be levied by the condominium corporation or the existence of any legal actions pending against the condominium corporation;
c) the Seller shall be responsible for amounts payable up to the closing date on account of any condominium fees and special assessments levied by the condominium corporation.
GOODS AND SERVICES TAX (G.S.T.)
5. In addition to the purchase price payable thereunder, the Buyer shall pay to the Seller and indemnify the Seller against all Goods and Services Tax (“G.S.T.”) payable on the purchase price as required by the Excise Tax Act. The Seller will not provide to the Buyer a Certificate of Exempt Supply, or any other certificate certifying that this purchase and sale transaction is not subject to the Goods and Services Tax. Should the Seller fail to collect G.S.T. from the Buyer, it shall not be construed by the Buyer as a certification by the Seller that no G.S.T. is payable by the Buyer hereunder, and the Buyer shall remain liable for any G.S.T. which might be payable with respect to this transaction.
ACCEPTANCE BY FACSIMILE
6. The Seller and Buyer agree that this contract may be signed in counterpart, and the acceptance of this offer communicated or confirmed by facsimile transmission shall be binding upon the parties. The Buyer agrees to promptly deliver an executed original Real Estate Purchase Contract to the Seller.
___________________________
Buyer’s Initial
Date:____________________
FORECLOSURE PROCEEDING
7. This offer is being made pursuant to or in a Court of King’s Bench foreclosure proceeding and, as such, the Offer may be accepted only by Order of said Court and is subject to the terms of that Order. Any agreement arising out of the Seller’s acceptance of this Offer is conditional upon the approval thereof by the said Court.
___________________________
Buyer’s Initial
Date:____________________
The following property is offered for sale by tender subject to the restrictions in the existing Certificate of Title, namely:
PLAN 2211705
BLOCK 9
LOT 34
EXCEPTING THEREOUT ALL MINES AND MINERALS.
The property is a two-story detached house located in Chestermere, Alberta. It has a total floor area of approximately 5540 square feet. It has 3 bedrooms, 1 two piece bathroom, 1 four piece bathroom, 1 five piece bathroom and an attached triple garage. The asking price for the property is $780,000.00. For further details, interested parties may refer to the Affidavit of Value and Valuator’s Report filed in these proceedings by obtaining a copy by contacting the law firm below. Prospective tenderers are not entitled to inspect the lands and must not disturb the occupants of the Lands.
Tenders in sealed envelopes referencing Court file number 2601 04400, accompanied by your address for notification and a copy of a certified cheque, money order, or cash for 10% of the amount of the tender, must be in the hands of the Clerk of the Court, Calgary Courts Centre, 601 – 5th Street SW, Calgary, Alberta, T2P 5P7 by 12:00 noon on June 29, 2026. The attached Schedule A must be initialed and included with your offer. The matter will be heard at the Calgary Court Centre on July 7, 2026 at 10:00 am, 9th Floor.
The balance of the purchase price shall be paid into Court within 30 days, if your tender is accepted. You will be notified of the date and time when the Court will consider your tender. If your tender is accepted and you do not complete the purchase within 30 days, then your deposit will be forfeited.
The successful tenderer shall take the mortgaged lands as is. No warranties of any kind are made with respect to the mortgaged lands. The highest or any tender will not necessarily be accepted. The deposits of unsuccessful tenderers will be returned to them.
The following encumbrances will remain registered against the title:
221 239 559 Utility Right of Way
221 239 573 Caveat
For further particulars contact Bishop & McKenzie, Barristers and Solicitors, 2300, 10180 101 Street, Edmonton, Alberta, attention: Douglas J Hughes, phone: 780-426-5550 or email: dhughes@bmllp.ca, file no. 30882-7229.
SCHEDULE “A” TO THE REAL ESTATE PURCHASE CONTRACT entered into between
THE COURT OF KING’S BENCH OF ALBERTA (the “Seller”) and
_____________________________________________________________________________ (the “Buyer”)
The terms of this schedule replace, modify or add to the terms of the agreement of purchase and sale (the “Real Estate Purchase Contract”) to which this schedule is attached. Where there is any inconsistency between the terms of this Schedule and the Real Estate Purchase Contract, the provisions of this Schedule shall prevail.
AS IS - WHERE IS
1. The Buyer acknowledges and agrees to purchase the mortgaged lands, all buildings and improvements located on the mortgaged lands (the “Property”), and any and all fixtures (“Attached Goods”) and chattels (“Unattached Goods”) included in the Real Estate Purchase Contract or included in the sale of the property, “as is” and agrees with the Seller that neither the Seller, nor its agents or representatives have made any representations or warranties with respect to the Property or any Attached Goods or Unattached Goods included in the sale of the Property. Without limiting the generality of the foregoing, the Buyer agrees that neither the Seller nor its agents have made any representations or warranties with respect to:
a) the condition of any buildings or improvements located on the Property;
b) the condition of any Attached Goods or Unattached Goods included in the Real Estate Purchase Contract or otherwise sold with the Property;
c) whether the Property complies with any existing land use or zoning bylaws or regulations, or municipal development agreements or plans;
d) the location of any buildings and other improvements on the Property and whether such location complies with any applicable municipal bylaws or regulations;
e) whether or not any buildings or improvements located on the Property encroach onto any neighbouring lands or any easements or rights of way;
f) whether or not any buildings or improvements located on any neighbouring lands encroach onto the Property;
g) the size and dimensions of the Property or any building or improvements located thereon;
h) whether or not the Property is contaminated with any hazardous substance; and
i) whether or not any of the buildings or other improvements located on the Property have been insulated with urea formaldehyde insulation.
OWNERSHIP OF UNATTACHED GOODS
2. The Buyer agrees that the Seller is selling only such interest as it may have in any Attached goods or Unattached Goods referred to in the Real Estate Purchase Contract, or which may be located on the
___________________________
Buyer’s Initial
Date:____________________
Property, and the Seller does not warrant that it has title to such Attached Goods or Unattached Goods. Further, the Buyer agrees that the Seller will not be liable for the removal of any chattels found on the Property prior to or on the date of closing. On closing, the Buyer may have possession of the Attached Goods and Unattached Goods which are then on or about the Property on an “as is” basis, and the Seller will not provide a Bill of Sale, Warranty, or other title document to the Buyer. Further, there will be no adjustment or abatement of any kind to the Purchase Price with respect to any Attached Goods or Unattached Goods.
REAL PROPERTY REPORT & COMPLIANCE
3. The Seller is not required to provide the Buyer with a real property report or compliance certificate. Should the Seller provide the Buyer with a copy of a survey or real property report, the Buyer agrees that any use of or reliance upon such document shall be at the Buyer’s own risk. The Buyer must satisfy itself that the survey or real property report which the Seller might provide accurately reflects the Property and the buildings and improvements located thereon as they currently exist and the Seller shall not be responsible for any errors or omissions which might exist on such document. The Seller does not represent or warrant the accuracy or validity of the said survey or real property report or compliance certificate.
CONDOMINIUM
4. If the Property is a condominium:
a) the Seller is not required to provide any condominium documentation to the Buyer and the Buyer shall be solely responsible to obtain any condominium documentation he may require. Without limiting the generality of the foregoing, the Buyer may obtain on his own and at his sole costs and expenses any estoppel certificate, copy of the condominium bylaws and financial statement for the Condominium Corporation that he may require;
b) the Buyer must satisfy himself with the condition of the condominium unit, the common property, and the financial condition of the condominium corporation and agrees that neither the Seller nor its agents, have made any representations or warranties pertaining to same including, without limiting the generality of the foregoing, the adequacy of any reserve fund the condominium corporation might have, any potential special assessments which might be levied by the condominium corporation or the existence of any legal actions pending against the condominium corporation;
c) the Seller shall be responsible for amounts payable up to the closing date on account of any condominium fees and special assessments levied by the condominium corporation.
GOODS AND SERVICES TAX (G.S.T.)
5. In addition to the purchase price payable thereunder, the Buyer shall pay to the Seller and indemnify the Seller against all Goods and Services Tax (“G.S.T.”) payable on the purchase price as required by the Excise Tax Act. The Seller will not provide to the Buyer a Certificate of Exempt Supply, or any other certificate certifying that this purchase and sale transaction is not subject to the Goods and Services Tax. Should the Seller fail to collect G.S.T. from the Buyer, it shall not be construed by the Buyer as a certification by the Seller that no G.S.T. is payable by the Buyer hereunder, and the Buyer shall remain liable for any G.S.T. which might be payable with respect to this transaction.
ACCEPTANCE BY FACSIMILE
6. The Seller and Buyer agree that this contract may be signed in counterpart, and the acceptance of this offer communicated or confirmed by facsimile transmission shall be binding upon the parties. The Buyer agrees to promptly deliver an executed original Real Estate Purchase Contract to the Seller.
___________________________
Buyer’s Initial
Date:____________________
FORECLOSURE PROCEEDING
7. This offer is being made pursuant to or in a Court of King’s Bench foreclosure proceeding and, as such, the Offer may be accepted only by Order of said Court and is subject to the terms of that Order. Any agreement arising out of the Seller’s acceptance of this Offer is conditional upon the approval thereof by the said Court.
___________________________
Buyer’s Initial
Date:____________________
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