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~~il~l y_~ ~~GL !.V <br />5. The offeror shall deposit with the Lee County Finance Officer a sum equal to <br />five percent (5%) of her offer. Failure to make such deposit within thirteen <br />(13) days following mailing of notice of such requirement by the Clerk to the <br />Board will negate any further proceedings under this resolution. If made, the <br />deposit will be retained until an upset bid (with appropriate deposit) is made, <br />the offer is accepted and the sale is executed, or the offer is rejected. If the <br />offeror fails to complete the sale within thirteen (13) days following notice of <br />acceptance of the offer by the Clerk to the Board, the deposit shall be <br />forfeited and become the property of Lee County. <br />6. After the qualifying deposits have been made the Clerk to the Board shall <br />cause a notice of such offer to be published in accordance with the <br />requirements ofN.C. Gen. Stat. § 160A-269. <br />7. Within ten (10) days following the publication of the notice of such offer, <br />any person may upset the bid by a sealed written offer to purchase the <br />property at a sum which is greater than the original offer by ten percent <br />(10%) of the first One Thousand Dollars ($1,000) and five percent (5%) of <br />the remainder, accompanied by a deposit of five percent (5%) of the <br />increased bid and the sum of One Hundred and Twenty-Five Dollars <br />(5125.00) to defray advertising and administrative services, said sums to be <br />paid either in cash, certified check, cashier's check or bank money order. <br />This increased or upset bid should be delivered to the County Finance <br />Officer at her office in the Lee County Government Center on or before 5:00 <br />p.m. on or before the 10`h day following publication of said notice. Use of <br />the mail or any other means of delivery is at the bidder's risk and any bids <br />received after the deadline will not be considered. At 5:00 p.m. on said date, <br />the Finance Officer shall open and read all qualifying bids. Bids with <br />conditions or terms not contained in the original offer will not be accepted or <br />considered. The highest qualifying bid becomes the new offer under <br />consideration. In case of identical bids, the one submitted earliest will be <br />accepted as the high bid. <br />8. The Clerk to the Board is directed, should a qualifying upset bid as <br />hereinbefore described, be received with the time allowed by law, to re- <br />advertise the offer at the increased bid amount as often as is necessary until a <br />final qualifying bid which has not been upset is received. <br />9. The Clerk to the Board shall report the final qualifying bid to the Board of <br />Commissioners at the first regular meeting of the Board, which meets more <br />than five (5) days after the bid, acquires such status. <br />10. The Board of Commissioners shall make a final decision within thirty (30) <br />days after the date of the regular session on which the final qualifying offer is <br />listed on the agenda for consideration. Failure to act on said offer within said <br />2 <br />