NOTICE OF SALE OF REAL ESTATE WITH TELEMATIC MODE ASYNCHRONOUS RACE AT EXTENDED TIME SECOND SALE EXPERIMENT Composition with creditors n. 5/2015 Delegated judge: Dr. Gregorio Balsamo; Judicial Commissioner: Avv. Giuseppe Giallombardo; Judicial liquidator: Avv. Sonia Lecca. The undersigned Avv. Sonia Lecca, Judicial Liquidator of the Composition with Creditors in epigraph, WHEREAS - that on 06 September 2019 the first experiment of sale was carried out, with mixed synchronous method, at the base auction price equal to the appraisal value, of the assets forming part of the company's real estate compendium, which went deserted due to the non-presentation of offers; - that the Termini Imerese Court, section bankruptcy, with circular of 12 May 2020, amending the previous measures of 11 March 2020, 19 March 2020 and 10 April 2020 taken following the epidemiological emergency from Covid 19, ordered the resumption of sales activities in the 'scope of insolvency proceedings; - that we intend to proceed to the second experiment of sale of the aforementioned compendium through competitive procedure in asynchronous telematic mode, with a reduction of the base auction price of 10%, NOTES that starting from 07 September 2020, at 12.00, and until 22 September 2020, at 12.00 , the sale of the immovable property of DGM Elettricità will be started through an asynchronous electronic tender, by means of the Commissioner Edicom Servizi Srl sas (better described in the estimate report, signed by CTU, Arch. Sabrina Zora), consisting of the lots listed below: LOT 3 (ALREADY LOT C) full ownership of commercial real estate units located on the ground floor, located in the Municipality of Cefalù (PA), in Piazza Gentile n. 1, equipped with private parking, distinct to the NCEU of the aforementioned Municipality on sheet no. 6, particle n. 981, subordinate n. 103, category D / 8, annuity €. 6910.19. It should be noted that this property is subject to the following formalities: 1) agreed opening decree quote transcribed on 01/03/2016 to n. 6839/5137; 2) voluntary mortgage registered under no. 8045 of the special register of 30/12/1999, deriving from a loan guarantee guarantee, purely paper-based as a result of the early repayment of the same; 3) voluntary mortgage registered under no. 8151 of the special register of 01/07/2010, deriving from the granting of a mortgage loan. - BASIC PRICE €. 1,573,560.00; - MINIMUM RELEASE IN THE EVENT OF A TENDER NOT LESS THAN €. 10,000.00. Tax regime: sale subject to VAT regulations. ***** - The goods for sale can be viewed upon request, accompanied by a copy of the identification document, to be sent both through the Public Sales Portal (https://portalevenditepubbliche.giustizia.it), and directly to the Judicial Liquidator (by fax at no. 0921/922444 or e - mail to the ordinary email address sonile76@gmail.com), which will arrange for the interested parties to visit the properties, in a manner suitable to prevent them from having contacts with each other, within 15 (fifteen) days from the relevant request and in any case in the shortest possible time. - The aforementioned goods are offered for sale, in separate lots, according to the "seen and liked" clause, in the state of fact and law in which they are located, as identified in the appraisal report, with all the possible appurtenances, ignitions, reasons and actions, active and passive easements. - The sale is a one-off and not a one-to-one, and any differences in measurement cannot 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, nor can it be revoked for any reason. Consequently, the existence of any defects, defects, lack of quality or discrepancy of the things sold, or of charges and costs of any kind, including, by way of example, town planning and / or building and / or land registry, or deriving from any need to adapt systems to current laws, for any reason not considered, even if hidden and in any case not highlighted in the appraisal or which emerged after the sale, cannot give rise to any compensation, indemnity or price reduction, since account in the evaluation of the goods and in relation to the same the buyer renounces any remedial action, compensation and / or indemnity against the procedure. - Pursuant to art. 63 avail. att. cc, the purchaser of the property belonging to a condominium is obliged, jointly and severally with the debtor, to pay the condominium charges relating to the current year and the one preceding the issue of the deed of transfer. - Any adjustments to the buildings and their systems to the rules on ecological, environmental, energy protection as well as, in general, to the provisions of the law in force, are the sole responsibility of the buyer; it will also be the responsibility of the purchaser, at his own expense and expense, to provide the technical / administrative certifications required by the reference regulations, explicitly dispensing the bankruptcy procedure for production and allegation (certification of plant compliance with safety standards, certification / certificate of energy qualification, etc.). It should be noted that the energy performance certificate, if missing, will be paid entirely by the successful tenderer who must produce it to the Judicial Liquidator within the peremptory deadline established for the price balance. - All tax, tax and accessory charges, of any type and gender inherent and connected to the sale, such as, but not limited to, registration, mortgage and cadastral taxes, VAT, calculated according to the law, transcriptions, cadastral transfer, stamps, any notary costs, will all be borne exclusively by the buyer. - The auction fees due to the sales manager Edicom Servizi Srl, equal to 2.2%, plus VAT, for lots 1 and 2 and 0.8%, plus VAT are also borne by the successful tenderer. , for lot 3, to be calculated on the hammer price. - The CTU, during the inspection, found the existence of discrepancies between the cadastral plans and the actual state of the properties, better illustrated in the appraisal report, to which reference is made for further and more specific information, with regularization charges charged to the successful tenderer, already reduced by the estimate price (€. 3,600.00 to be divided 50% between lot 1 and Lot 2, and €. 1,600.00 for Lot 3). - In any case, please note that for any other discrepancies not highlighted in the expert report, the successful tenderer, if the conditions are met, may resort, where permitted, to the provisions of art. 40 of Law no. 47, as integrated and modified by art. 46 of Presidential Decree 6 June 2001 n. 380, provided that the application for concession or amnesty permit within 120 (one hundred and twenty) days from the transfer of the asset. - Please note that lots 1 and 2 contain special waste, the costs and charges of removal and disposal of which, in compliance with current legislation, are borne by the buyer, with the exclusion of any right to the reduction of the price because of the expenses incurred for the execution of the aforementioned operations. - The real estate will be transferred, subject to the award and regular payment of the price, free of mortgage registrations, transcriptions of foreclosures, conservative seizures and any other constraints affecting them, of which the Delegate Judge, pursuant to the combined provisions of articles . 182, 5 comma, and 108, 2 comma, of the LF, will order, by decree, the cancellation by the procedure and at the expense of the successful tenderer. - It is specified that the installment of the price in 12 months as per art. 107, paragraph 1 of the LF and art. 569 of the Italian Code of Civil Procedure, considered that it does not correspond to the speed of the process and the interests of creditors to promptly distribute the proceeds from the sale. - All three properties are free of people, but occupied by warehouse stocks and instrumental movable property owned by the company, part of the composition with creditors and subject to separate sale. ***** - The sale can be participated electronically through the web portal www.doauction.it, through the formulation of an irrevocable purchase offer and payment of the deposit equal to 10% of the offered price, with the possibility of raising, to an extent not less than that indicated in the notice of sale, between the bidders within the set deadline. - Any interested party, natural or legal person, except the debtor and those who are in a state of liquidation or subject to insolvency proceedings or other procedure that denotes the state of insolvency, must proceed with the free registration on the aforementioned portal, expressly accepting the conditions terms and conditions and terms prescribed in this notice of sale. Upon registration, each user will be asked to choose a username and password, attaching a valid identity document, which will constitute the credentials (strictly personal and not transferable to third parties) with which they will be able to access the site and participate in individual auctions. - If the bidder is a legal person, he must register as such in the appropriate section indicating the company data requested. - If the tenderer is married or civilly united under a legal partnership, the corresponding data of the spouse or partner must also be indicated during the registration phase. To exclude the property awarded by the legal community it is necessary to produce, following the award and before the drafting of the transfer deed, the declaration required by art. 179 CC - The duly registered auction participant who intends to act on behalf of third parties must have a special notary power of attorney, with all the references of the procedure and of the lot for sale for which he intends to proceed. - In case of power of attorney by a natural person, the same must be accompanied by a photostatic copy of the valid identification document and the 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, in addition to the documents requested above, also by an updated chamber certificate, which indicates the establishment of the company and the conferral of powers to the legal representative. - This documentation must be delivered to the Edicom Servizi Srl headquarters - Via Marchese di Villabianca n ° 21, 90143 Palermo, during office hours, or sent by registered mail to / via PEC at commissionario.edicom@pec.it already at the time of the opening of the electronic auction and, in any case, before the end of the individual sales experiment. The delivery date will be valid for the purposes of regularity. - The delegate participating in the auction is, in any case, jointly liable with the delegator for any procedural non-compliance. - Participations with generic proxies "per person to be appointed" will not be accepted; omitting this declaration, in fact, the award becomes definitive in the name of the participating member. - The burden of taking prior notice of the annexes and of the auction regulation, published on the website of the operator of the online sale, falls on each interested party. - The offers for the purchase of lots must be made by the registered and enabled user, in the context of the batch sheet of interest, in the terms and according to the methods established in this notice of sale. The offers made will be subject to prior verification by the portal manager, who reserves the right to cancel the ineffective or inadmissible offer, as it does not comply with the provisions of the notice of sale. - The Commissioner and the Judicial Liquidator will provide any useful information to the interested parties on the methods of sale and participation, as well as on the characteristics and consistency of the asset. Events, whether fortuitous or not, relating exclusively to users' devices, such as but not limited to: problems of connection to the Internet, malfunctions of the participant's hardware and software, etc. will not be considered invalidating the tender. - Each offer will be considered valid and effective only upon payment of a deposit equal to 10% of the price offered to be paid to the current account in the name of the specialized entity, Edicom Servizi Srl, exclusively by bank transfer, based on the instructions provided by the system during the procedure Guided registration for the race, at the following coordinates: IBAN Code IT06 Z030 6904 0000 0004 900, indicating the reason for payment "CP 5/2015 TRIB. TERMINI IMERESE - SECURITY BATCH N. ". - The offer loses its effectiveness when it is exceeded by a subsequent offer for a higher price made in the same way. - In order to guarantee the maximum participation of the interested parties and to ensure the best realization in the procedure, in the event of a plurality of offers and relaunches made in the 5 (five) minutes prior to the expiration time of the online tender, the extension of the same will be arranged. among the bidders for an additional 5 (five) minutes until the final exhaustion of the bids. - The race will be declared concluded when the maximum time of 5 (five) minutes has elapsed, without there having been any electronic bids improved compared to the last valid offer. - The bidder who has made the last valid offer will be declared the temporary successful tenderer of the property. - To bidders who are not successful, the deposit will be returned, less the stamp duty due by law and net of bank charges, if any, according to the methods indicated on the site. - This sales notice explicitly excludes the application of art. 107, paragraph 4, of the LF, so that irrevocable improvement offers subsequent to the provisional award date cannot be accepted. - All communications to participants in the tender and to the temporary successful tenderer relating to the developments and results of the electronic sale will be made by the Commissioner to the e-mail and / or PEC address and / or to the contact details indicated by the users when registering on the portal. . Edicom Servizi Srl will send a specific report on the results of the procedure to the Judicial Liquidator, so that he can inform the Delegated Judge, the Judicial Commissioner and the Creditors Committee, where constituted, by depositing the relative documentation in the registry, pursuant to art. 107, paragraph 5, of the LF - After the terms referred to in art. 108, paragraph 1 of the LF, without the Delegate Judge having suspended or prevented the completion of the sale, the award will be definitive and the successful bidder will be notified by registered letter with return receipt. - The final successful tenderer must pay the entire price offered, less the security already paid, by bank transfer, with payment reason "CP 5/2015 TRIB. TERMINI IMERESE - BALANCE PRICE LOT N. _ "on the bank account in the name of the concordat procedure (whose coordinates will be communicated by the Judicial Liquidator by registered mail, certified e-mail or fax), in a single solution no later than the deadline of 90 (ninety) days from receipt of the communication, with timely sending to the Judicial Liquidator of the relative accounting officer. - The successful tenderer is required, within the same deadline set for the balance of the price, to pay an additional sum of 20% of the hammer price on the current account of the procedure by bank transfer for all expenses and charges inherent and consequent to the sale placed against him. Should this sum prove insufficient, the successful tenderer will be required to integrate it to the extent that the Judicial Liquidator reserves the right to indicate, within the term of 15 (fifteen) days from the communication, under penalty of forfeiture of the award. Any surplus that may result from the outcome of the full fulfillment of these charges will be returned to the successful tenderer. - The sums paid by the successful tenderer are intended, first of all, charged to the transfer expenses account and, for the remainder, to the hammer price. - The payment of the sales compensation due to the Commissioner, calculated to the extent indicated above, must be made no later than 10 (ten) days from the final award directly on the current account in the name of Edicom Servizi Srl by bank transfer to the following coordinates: Code IBAN IT06 Z030 6904 0000 0004 900, indicating the reason for payment "SALES FEES - PROCEDURE NRG 5/2015 COURT OF TERMINI IMERESE LOT N. _". - In the event of non-compliance, the forfeiture of the successful tenderer will be declared, with consequent forfeiture of the security, net of the sales remuneration due to the Commissioner, which, therefore, will be definitively acquired on the assets of the arrangement and the procedure may lead to a new experiment. or decide to give rise to the award in favor of the subject who has submitted the second best offer. In the event of a subsequent sale or subsequent award of the property to the second highest bidder at a lower price, the fallen successful tenderer will be required to pay the difference. - The Commissioner will transfer the sums collected by the successful tenderer to the bank account in the procedure within 10 (ten) days of the communication, by the Judicial Liquidator, of the final award. - Only upon the outcome of the previous fulfilments and the full payment of the hammer price and of the expenses all necessary for the fulfillment of the inherent, connected and consequential costs of the sale, the ownership of the property will be transferred to the successful bidder with transfer decree or, if otherwise established by the bodies of the procedure, with a notarial deed with the Notary who will be indicated by the Judicial Liquidator, with costs and charges to be borne by the successful tenderer (failure by the successful tenderer to present the Notary before the Notary will result in the revocation of the award with forfeiture of the deposit by the procedure). The title will be transcribed in the real estate registers by the concordat procedure and at the expense of the successful tenderer. - Once the sale has been made and the price has been collected in full, the cancellation of the entries relating to pre-emption rights, as well as the transcriptions of the foreclosures and seizures and any other constraints will be ordered by the Delegated Judge pursuant to art. 108, paragraph 2, LF. - The successful tenderer who intends to take advantage of the tax benefits provided by law, must make the relative declaration, at the latest, at the time of the award and produce the related documentation within the deadline set for the payment of the price balance, so that the Delegated Judge or the mandatory notary may acknowledge it in the subsequent transfer deed. - If the successful tenderer intends to make use of a bank loan agreement for the payment of the price balance, with the grant of a first degree mortgage on the property purchased, within the deadline set for the payment of the balance of the price, the sums must be disbursed by the bank (following the signing of the definitive loan contract containing the deed of consent to the first degree mortgage registration, pursuant to art. 2822 CC, and the delegation of the borrower to the bank, pursuant to art. 1269 CC, for the payment of the amount borrowed directly to the procedure) by bank transfer to the bank account in the name of the concordat procedure (whose coordinates will be communicated by the Judicial Liquidator by registered mail with A / R, PEC or FAX), or, alternatively, by check non-transferable circular headed to CP 5/2015 TERMINI IMERESE COURT - LOT N. _ ". - At the same time as the balance of the price, the mortgage loan contract must be delivered in certified copy by the notary deed, for the necessary mention of the same in the issuing deed of transfer. - In the transfer decree or in the notarial deed the following sentence will be inserted "noting that the payment of part of the price relating to the transfer of the asset covered by this decree took place by disbursement of the sum of €. By ____________ following the loan contract in deed _________ of the rep. and that the lender and borrower parties have given their consent to the registration of a first degree mortgage to guarantee the repayment of the aforementioned loan, it is made known that, in accordance with the provisions of article 585, paragraph 3, cpc, it is forbidden for the Director of the Real Estate Advertising Office of the Territorial Agency to transcribe this Decree if not together with the registration of the mortgage referred to in the attached note "; in case of revocation of the award, the sums disbursed will be returned directly to the lending credit institution without adding costs to the procedure. - With regard to any conditions of sale not expressly indicated in this notice, please refer to the regulation and general conditions indicated on the portal www.doauction.it. - The bodies of the insolvency procedure reserve the right to suspend or interrupt the sale at any time, at their sole discretion and without obligation to state reasons. ***** - This sales notice, together with the authorization issued by the Delegated Judge and the appraisal appraisal, with the photographic and planimetric attachments, will be published, at least 45 days before the sale, by Edicom Servizi, in the quality of "legitimate subject to the publication ", on the Public Sales Portal of the Ministry of Justice ex art. 490, 1 comma, cpc, as well as on the websites www.asteannunci.it, www.asteavvisi.it, www.canaleaste.it, www.rivistaastegiudiziarie.it, and on the portals related to the Aste.click service. - Appropriate advertising campaigns will be carried out through the commercial channels and the main social networks Facebook, Twitter and Google, as well as through the Mail Target service with the targeted sending of 250 missives with the announcement of the sale and summary of the description of the goods to categories potentially interested in participation throughout the national territory. - In addition, a sign will be posted with the wording "sale" at each real estate unit put up for sale, indicating the number of the procedure and the telephone number of the Judicial Liquidator and sent an ad hoc communication to the condominium administrator for the circularization of the date of sale to other condominiums. - Finally, this sales notice will be notified, pursuant to art. 107, paragraph 3, of the LF, by the Judicial Liquidator, to each of the mortgage creditors or in any case with privileges on the property through PEC or through a Judicial Officer. ***** For any further information, interested parties can contact the Judicial Liquidator, Avv. Sonia Lecca, with a law firm in Cefalù (PA), Piazza Bellipanni n ° 32, tel./fax 0921.922444, cell. 3283815148, PEC: sonia.lecca@cert.avvocatitermini.it, e-mail: sonile76@gmail.com and to the Commissioner Edicom Servizi Srl (to the latter also for technical support during the registration and auction registration phases) telematics) based in Palermo, Via Marchese di Villafranca, tel. 091.7308290, fax 091.6261372, e-mail: info@doauction.it, PEC: commissionario.edicom@pec.it. The Judicial Liquidator Avv. Sonia Lecca