Sold Prior to Auction | Under Contract

Oct 21st | On site at 12p 

Previews: Oct 14th & 15th from 10a-4p or by appt 

Property Overview: 

• 17 Acres total | 80% pasture and grazing land
• High tensile fence with barbed wire surrounding property boundary  
• Road frontage approx. 780' 
• Laurel Creek frontage approx. 780ft           
• Spring fed water source located across Freestone Valley Rd
• Private septic installed in 1987 
• Access to property across steel & concrete bridge with cattle guard 
• Fruit trees throughout the property - apple, pear, permissions, walnuts, & buckeye

House Overview: 

• Approx. 1,152 SqFt | 3 Bedroom & 2 Bath double wide 
• Vinyl siding 
• Coleman gas furnace
• Window A/C units 
• Washer & dryer hookups 
• Gas fireplace 

Barn Overview: 

• Horse barn approx. 48'X80' w/riding ring 
• 4 horse stalls 

GENERAL TERMS AND CONDITIONS OF THE AUCTION:

1. Deposit: The successful bidder will be required to sign a Purchase Contract, immediately following the end of the Auction. A Deposit in the amount of $10,000, in the form of a cashier’s check or cash, will delivered to the Auction Company.  The Deposit will be applied to the contract sale price at closing. The deposit is non-refundable unless the Seller is unable to convey clear title. Closings to take place within 30 days of sale. Time is of the Essence.
2. Buyer’s Premium:  There will be a 5% buyer’s premium in effect on the day of the sale. The buyer’s premium will be added to the high bid amount, to determine the contract sales price. Example: high bid price of $100,000 + $5,000 (5%) = $105,000 “contract sales price”.
3. “AS-IS”, “WHERE-IS”: The property is being sold “AS-IS”, “WHERE-IS” without regard to any intended use(s) by buyer.  Potential Buyers must perform such independent investigations with respect to the property as they deem necessary to verify information provided by Auction Company or the Seller. 
4. Advertisements: All information provided by Auction Company and the Seller is deemed reliable but is not warranted. The information contained in any advertisements by Auction Company are subject to verification by all parties relying on it.  No liability for its accuracy, error or omission is assumed by the Auction Company or the Seller.
5. Representation: Auction Company and its representatives represent the Seller. 
6. Deed: The properties will be conveyed by Special Warranty Deeds.
7. Bidding: All Bidding is open to the public, without regard to race, color, sex, religion, or national origin. As used in these conditions of sale the term "the final bid" means the highest bid acknowledged by the Auctioneer, and the term "Purchase Price" means the sum of the final bid and the Buyer’s Premium. The highest bidder acknowledged by the Auctioneer shall be the buyer. The Auctioneer may advance the bidding at their absolute discretion and, in the event of any dispute between bidders, may determine the successful bidder or re-offer and resell the property in dispute.   Auctioneer reserves the right to set bid increments.  Should there be any dispute after the sale, the record of final sale shall be conclusive. 

8. Closing Costs: The Deed shall be prepared and acknowledged by Seller at Seller’s expense and recorded at Seller’s expense to include the Grantor’s Tax. The Buyer shall pay all title searches, title insurance charges, survey expenses, usual conveyance expenses, Grantee’s Tax, and recordation taxes. Real estate taxes, water and sewer charges, if any, will be prorated as of the closing date.
9. Financing: Sale of the property is not contingent upon the Buyer obtaining financing. 
10. Inspection: All property is sold "As Is, With All Faults.”  Description and other information are provided as a service to customers only and do not constitute a representation or warranty, either expressed or implied. Auction Company disclaims all responsibility for physical condition. All buyers are responsible for prior inspection of properties on which they bid, and by bidding are deemed to have so inspected the property. Seller is solely responsible for delivering possession of the property in its “As Is” condition.
11. Bid Execution & Technical Problems: Auctioneer is not responsible for failing to execute bids due to Auction Company’s or bidder’s technological difficulties. The Auction Company has made reasonable efforts to provide for online bidding for this sale. You recognize and acknowledge, however, that technical problems with hardware, software or internet connectivity, as well as human errors, may arise and may affect, without limitation, the sale website, our online bidding program and process, your or our internet service and access, and your connection to this sale bidding program and process. You further acknowledge that these and other technical problems may develop at any time and with or without notice. You acknowledge and agree that neither the Auction Company nor the Seller is in anyway responsible for any such technical problems, and that you have no absolute or other right to be able to bid on this sale in the event of any such technical problems. Notwithstanding the foregoing, you further acknowledge and agree that, in the event of any such technical problems, we reserve the right to postpone or cancel the sale and/or extend the bidding time for this sale and/or relist the property for sale at another time, in our sole discretion, and that our decision with regard to any such actions is and will be final.  Bidders must take care in entering bids, and each Bidder will be responsible for all bids placed under the Bidder’s approved registration. Once entered and recorded online, a bid is deemed to be final on behalf of the registered Bidder and may not be modified, retracted or rescinded in whole or in part. In addition to forfeiting the bidder’s deposit, the bidder will also be subject to lawsuit for Damages and/or Specific Performance in the Court of Law of which the property is located. Further, all Attorneys' Fees incurred by the Seller and/or the Auction Company will be due and paid by a defaulting bidder.

CASTING A BID FOR THE PROPERTY ONLINE CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS, INCLUDING ANNOUNCEMENTS AT THE SALE AND THE TERMS OF THE PURCHASE CONTRACT WHICH, IF INCONSISTENT WITH ANY TERMS CONTAINED HEREIN, SHALL GOVERN.

ADDITIONAL TERMS FOR BIDDING ON-LINE

1. REGISTRATION: Complete the Online Registration Form found on the online auction website, providing full name, complete physical address, current working email and phone number(s).
2. DEPOSIT: 
   1. Mail a cashier’s check payable to the Auction Company at the company address listed in reference table above, in the amount of $10,000; or
   2. Wire funds to the escrow account in the amount of $10,000 of the anticipated bid price, plus a $35.00 convenience fee to cover the wire transfer charge. For wiring instructions please contact the trustee. Note: generally, wires must be initiated prior to 2:00 PM in order to clear by 5:00 PM.

NOTE: If you are the successful bidder, immediately upon the Auction being completed, unless the Seller is unable to convey title, your Deposit becomes NON-REFUNDABLE and upon closing will be applied to the purchase price. Deposits made by the non-winning bidders will be returned by check in the mail, or can be picked up at the office of the Auction Company three business days after the end of the Auction between the hours of 9:00 a.m. and 5:00 p.m.  Checks that are not picked up will be automatically mailed to the address provided at registration.

3. PURCHASE CONTRACT: Online bidders may be required to sign a blank Purchase Contract upon receipt of the deposit. Further, once the sale is completed, and the on-line bidder is the successful bidder, the Auction Company will be sending additional documentation to be signed.

Once you have completed the above steps, the Auction Company will approve your registration and you will be eligible to bid online. In order to bid online, all of these steps must be completed prior to the online deadline listed in reference table above.  Sorry, but there will be no exceptions. If you do not timely meet these requirements, you or a legal representative must attend the Auction in person in order to bid.

The Auction Company will have the option to speak with all online bidders. The successful bidder will be required to provide a scanned and e-mailed executed Purchase Contract at the conclusion of the sale.  In the event an online bidder does not have the ability to scan and e-mail the Purchase Contract, such signed agreement may be provided in advance of the Auction, and it will be held in trust.  If you are not the successful bidder, the signed agreement will be destroyed.    

By completing these steps, you agree to all of the terms and conditions announced at the sale, those contained in the Purchase Contract and all of the items contained herein and therein which, by incorporation, are part of the terms of sale.