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REPUBLIC OF TURKEY MARMARA EXECUTION OFFICE
REPUBLIC OF TURKEY MARMARA EXECUTION OFFICE
Published: 31 May 2018
REPUBLIC OF TURKEY
INSTRUCTION NO 2018/38 TLMT.
PUBLIC AUCTION ANNOUNCEMENT OF THE IMMOVABLE PROPERTY
The type, quality, value, quantity, important characteristic of the immovable which is decided to be sold:
The Characteristics of the
IMMOVABLE PROPERTY NO 1 : A vessel in floating condition which has been MORTGAGED due to a debt and whose registry details, value, auction date and time and important characteristics are described below has been put up for sale by our Department.
NOTIFICATION OF AUCTION ANNOUNCEMENT AS PER THE BANKRUPTCY AND ENFORCEMENT LAW (BEL) ART. 127: Where notices sent to persons concerned whose addresses are not shown in the registry records and are stated in submitted records cannot be served, it is notified that this auction announcement shall replace the notice of auction.
COMPLAINT AND OBJECTION TO THE RANK AS PER BEL ART. 142: Where the proceeds of the auction are deducted from the receivables, or the proceeds of the auction are paid to the mortgagee as per Enforcement and Bankruptcy Law Art. 138 due to breach of procedure, the parties concerned should follow up the auction and should submit their complaints and objections as per Enforcement and Bankruptcy Law Art. 142, if any, and should submit a marginal note to our file showing that they have exercised such right in 7 days in accordance with Enforcement and Bankruptcy Law, Articles 83, 100, 142 and 151, and the Civil Law, Articles 789 and 777.
SHIP REGISTRY DETAILS: The registry details of the vessel registered to the Turkish International Ship Registry with TUGS 367 Registry Number named ESENCE (EX-SERENCE), (EX-MURAT AYANOĞLU): IMO (International Maritime Organization) No: TUGS 7827342, Recognition Logo: TCEW, Gross Tonnage: 1991, Net Tonnage: 1208, Length: 74.64 m. Width: 14.00 m, Depth: 6.60 m, Survey Date and Number: İstanbul-16677, Place and Time of Place: İstanbul/1982, Machine Power: 1670 BHP, Vessel Type: Dry Cargo Vessel.
DETAILS AND CURRENT CONDITION OF THE VESSEL FOR SALE: According to the Turkish Republic Government Certificate of Sea Worthiness, the construction of the dry cargo vessel named M/V ESENCE has been started on 12/04/1980 and completed on 01/01/1982. Port of Registry (ANchoring) of the Vessel is Istanbul, Technical Registration Port is Istanbul 16677 and Registration Port is Istanbul TUGS 367, and it is a Turkish Lloyd class vessel which maintains that class. One propeller, shaft, rudder shaft and bearings were controlled on the ground examination of 18/09/2015. On the sea examination conducted on 18/09/2015, it was seen that the vessel was suitable for the sea. The permitted Navigation Zone is Coastal Navigation.
Main Characteristics of the Vessel:
Full Size: 82.50 meters
Registry Size: 74.65 meters
Registry Width: 14.00 meters
Registry Depth: 6.60 meters
Gross Tonnage: 1991
Gross Tonnage: 1208
Main Machine Information:
Type: 9 TSR 35/50 -2
Machine Number:: 09800051
Power: 1670 BHP
Power: 173 BHP
Machine Number:: MW240/3
Power: 173 BHP
Existing Detections on the Vessel:
The Condition of Present Metal Sheet Part of the Vessel: According to sheet metal measurement report and the inspection conducted on the vessel, it is seen that outer coverings, decks, warehouses, in warehouse posts, stringers, tanks and its elements, bulwark, bulwark posts and sheet thicknesses of the accommodation space are in good condition.
Paint Condition of the Vessel:
Outer Coating: Its painting is in good condition.
Accommodation Decks: On the stern, rust layers were seen on the boat decks. It should be scraped and painted as soon as possible. The condition of the bridge deck was found to be in good condition.
Main Deck and Capping: Local corrosion was observed. The condition of the metal sheets was found to be in good condition.
Balance Tanks and Lore Peak Tank: They were found to be in good condition despite the local corrosion.
2 Warehouses and Warehouse Posts: It has been found that although the in-warehouse outer cover sheets and warehouse posts have local corrosion, they are in good condition.
Condition of the Other Departments of the Vessel:
One hundred percent (100%) of the existing electrical cables can be used. The insulation of the engine room pipes has been found to be in good condition. It has been seen that the wheelhouse and the interior of the cabins are undamaged and varnished. Life-saving appliances, fire-extinction equipment, navigation devices, are as in the Sea Worthiness Certificate. It is seen that the crane and the generator which are placed in the middle of the vessel are in working condition. Shaft: The oil-cooled shaft was tested for cracks and bearings under the supervision of a surveyor. The shaft has been maintained and reassembled. The existing pipeline circuits of the vessel, the ballast circuits, the fuel circuits, the air escapes and the soundings seems to be in good condition. Warehouse ventilation was found to be in operation with the electric motor. It is seen that the hatch covers are collapsible, and there are no abrasion on the cover wheels and the mill, and the covers are in working condition. Warehouse ventilation doors, waterproof door hatches, accommodation space portholes and rubber ducts seem to be in good condition. In the vessel, two anchors and 1 spare anchor, 12 key chains, chain wing guide rollers and 2 chain hawse pipes were found to be in good condition. Navigating bridge communications devices are as specified in the Ship Station License Certificate of General Directorate of Coastal Safety and are found to be in working condition. It was seen that there is a shaft generator in operation on board. It was found that the compressors (2 units) and the circuit elements and 5 air tubes for the high pressure air required for the operation of the main machine were in good and working condition. The Oily Water Separator was found to be in working condition. The Sewage Separator is available and seems to be in working condition.
Address: Marmara District (Marmara Island) offshore waters of Saraylar Port Marmara/BALIKESİR
Value: TL 1,741,818.00 (It was calculated as the TL equivalent of the USD 390,000.00 in the Central Bank of Republic of Turkey Foreign Exchange rate as of 17/05/2018. Sales transaction shall be carried out using the TL Value of the USD 390,000.00 in the Central Bank of Republic of Turkey on the sales days.
VAT Ratio: 18% (All domestic and foreign real and legal persons at home and abroad can participate in the auction. Sales of the vessel to the taxpayers, who are operating in Turkey, and operations of which deal in part, or totally with leasing or operating vessels in various methods, are exempted from VAT in accordance with Article 13/a of VAT Law provided that the Exemption letter obtained from the tax office is submitted. In case the vessel is to be sold to the residence of a country with no legal headquarter or office domiciled in Turkey, the VAT will be calculated properly over the general rate (18%), and the surety to be deposited will be equal to the amount of such calculated VAT amount. Release and refund of this surety will depend to the written documentation of the authorized bodies, certifying the deportation of the sold vessel)
Annotations on the Registry: As shown in the extract of the vessel's register
1. Auction Date: On 02/07/2018, in between 14:00 and 14:10
2. Auction Date: On 27/07/2018, in between 14:00 and 14:10
Sales Location: MARMARA ENFORCEMENT OFFICE CHAMBER
1- It shall be organized as a public auction. Bids can be submitted electronically from esatis.uyap.gov.tr starting from twenty days prior to the first auction up to the end of the day preceding the auction date. The auction shall be concluded when 50% of the estimated value, plus the sum of preferred receivables and auction expenses are exceeded.
(Article 126 of Enforcement and Bankruptcy Law)
(*) Servitude right holders are also included in the related persons.
* This example corresponds to Example 64 in this Regulation used in the previous practice.
If no bidders appear at the first auction, bids may be submitted electronically starting from the fifth day succeeding the first auction up to the end of the day preceding the second auction date. The auction shall be concluded in favor of the bidder who offers the highest amount provided that 50% of the estimated value, plus the sum of preferred receivables and auction expenses are exceeded. If no purchaser offers such a price, the auction will be cancelled.
2- Potential bidders will deposit a retention money equal to 20% of the estimated value to our Bank account under the name Marmara Enforcement Office with IBAN number TR TR740001500158007300573242 in Türkiye Vakıflar Bankası Bandırma Branch by indicating the TR ID no and file number, or present a bank guarantee equal to that amount (sales will be made in Turkish Lira, no surety in foreign currency will be accepted). The sale will be in cash, and if the buyer requests it, it may be allowed maximum (10) days to make the payment. The stamp tax, VAT, registration fee and delivery expenses will be borne by the buyer. Brokerage tax and taxes arising from the real rights on the vessel which is the subject-matter of the auction shall be paid out of the sales price. All domestic and foreign real and legal persons at home and abroad can participate in the auction. Sales of the vessel to the taxpayers, who are operating in Turkey, and operations of which deal in part, or totally with leasing or operating vessels in various methods, are exempted from VAT in accordance with Article 13/a of VAT Law provided that the Exemption letter obtained from the tax office is submitted. In case the vessel is to be sold to the residence of a country with no legal headquarter or office domiciled in Turkey, the VAT will be calculated properly over the general rate (18%), and the surety to be deposited will be equal to the amount of such calculated VAT amount. Release and refund of this surety will depend to the written documentation of the authorized bodies, certifying the deportation of the sold vessel. However, all transactions, expenses, and permits applicable for the deportation of the property shall be fulfilled by the buyer.
3- Mortgagees and other persons concerned (*) should notify our department of their rights on this immovable property, especially their claims for interest and expenses, along with supporting documents in 15 days, otherwise they will not be included in the sharing of the proceeds unless their rights are evidenced by the land registry.
4- Pursuant to the Turkish Commercial Code, Article 1385, Paragraph 2, the vessel subject-matter of the auction will be sold free of all real and personal rights, encumbrances and restrictions, except those undertaken by the buyer with the consent of the mortgagee.
5- Unless the sales price is not paid immediately or in the period of time allowed, the auction will be cancelled pursuant to Article 133 of the Bankruptcy and Enforcement Law. All buyers who participate in the auction but later give rise to cancellation of the auction by their failure to deposit the auction price, and their guarantors will be jointly and severally liable for the difference between the price they have offered and the last auction price as well as other losses and also default interest. The auction difference and default interest will also be collected by our department without having to secure a court order, and this difference shall be collected from the security payment if any.
6- The specifications are open for review by everybody starting from the announcement date, and a copy thereof can be sent to any willing buyer, at its expense.
7- In accordance with Enforcement and Bankruptcy Law, Article 127, the auction announcement published on a newspaper or posted electronically replaces a notice to those parties concerned who could not be served a notice.
8- It is announced that bidders will be deemed to have seen the specifications and agreed with the contents thereof, and others who desire to get information should apply to our office with file number of Instruction 2018/38 TLMT. 17/05/2018
Deputy Enforcement Director
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