STATEMENT OF SALE & ONLINE BIDDING TERMS 5/28/16 AUCTION
All items sold 'as is where is,' no warranties or guarantees. All sales are final.
10% BUYERS PREMIUM WILL BE ADDED TO EACH SUCCESSFUL BID
The sale of TRACTS 10, 11, 12, 13, 14R1 & 14R2 WITH HOME & OUTBUILDINGS FROM THE ROBERT J. ETHERTON ESTATE, AND LOT 1R WITH HOME AND SHED OF THE EDMONDS PROPERTY, AND PERSONAL PROPERTY to be sold as is and as follows:
All newspaper or other publications and all oral and verbal statements as to advertising made by owners of said property and by McCarter Auction, Inc., or any agent of said company, or by Scott E. McCarter are hereby revoked.
ALL ONLINE BIDS ON THIS MAY 28TH, 2016 AUCTION START TUESDAY, MAY 24TH AT 10:30 AM EDT AND WILL END ON SATURDAY, MAY 28TH DURING LIVE AUCTION BEGINNING AT 10:30 AM EDT. BY PLACING AN ONLINE BID FOR LIVE EVENT, YOU AUTHORIZE MCCARTER AUCTION, INC. OR ITS AFFILIATES TO IMPLEMENT YOUR BIDS AT THE LIVE AUCTION. NOTE: during the live close of this simulcast auction a system operator will sit next to the auctioneer and offer online bidders the same bid opportunities that are being offered to the onsite bidders. If a bid is made via the internet, the operator will represent that bidder. Note that the operator may be bidding for several different online bidders at the same time. No preference is made for either onsite or online bidders; the bid will go to the first accepted by the auctioneer. Any tie bid or other issues regarding who has the high bid are always resolved by the Auctioneer, who has complete and final authority. THE FINAL SALE OF PROPERTIES USING INTERNET BIDS AND LIVE ONSITE BIDS WILL DETERMINE THE WINNING BIDDERS OF PROPERTIES AS ADVERTISED.
The sale will be an absolute auction and will sell to the highest and best bidder. Auctioneer is in full charge of auction having the right to set bid increments throughout the sale, settle any bid disputes, and accept or reject any bids at his discretion.
Terms for Real Estate are: 10% down today, balance at closing within 30 days. Buyer to pay one-half of closing fee, in addition to their other individual closing costs. Please note that Johnson Murrell & Associates will be the exclusive closing agent for this transaction. Terms for Personal Property are: cash or good check at sale location or valid credit card online. Personal property Payment made in full required day of online bidding closing and credit card accepted at auction end. Credit card accepted at auction end from successful online bidders UP TO $1,000. Any balances above $1,000 to be paid by cash, good check, or wire transfer day of online bidding close.
NOTICE!! A 10% Buyer’s Premium will be added to all successful bids. The highest bid price plus the 10% (Ten percent) Buyer’s Premium will be the total sales price. Any changes made to buyers’ paperwork, including Warranty Deed, must be made by this Wednesday, June 1st, or buyer may be charged for double paperwork at closing.
The properties will be sold in tracts and adopt the sale which brings the highest and best bid. Tracts will be sold individually then grouping will be offered with a 5% raise per Grouping Outline available online, at Open House and day of sale. The contract you sign is final and binding if not re-grouped. Successful bidders for real estate will be required to sign a note for the deposit amount with the contract, in addition to deposit paid day of sale. Note shall become null and void when buyer shall complete all requirements for closing as set out in the contract.
Taxes for the 2016 year to be prorated at closing. Seller to pay any rollback taxes if necessary. Closing for all real estate will be on or before 30 days from today. Possession of home located on Tract 13, all structures and vacant lots to be given at closing. Possession of home located on Lot 1R to be given July 1, 2016. Homes and all structures and all other properties to be sold in “as is” condition with no guarantees or warranties expressed or implied by sellers or by McCarter Auction, Inc. Please inspect property to your satisfaction prior to purchase. A lead based paint disclosure must be signed by buyers of homes. Termite inspection letter will be provided to buyer of home on Tract 13. Buyer responsible for any treatment recommended in termite inspection letter for home on Tract 13. Termite inspection letter will be provided to buyer of home on Lot 1R, with no treatment needed. Any personal property left on property at closing remains with property. Property is zoned A-1 Agricultural Jefferson County and copies of these regulations are available online and here today. Copies of map are available online and here today. There is no Lot 1R2 as shown on brochure map, Lot 1R has total of 6.83 acres. Copies of restrictions are available online and here today. Please see notes on map. The 1002’ contour line of Douglas Lake is the highest water level, TVA controls water level of lake. Also note 20’ driveway easement for Tract 13 & Lot 1R. The home on Tract 13 has utility water and gas. Home on Lot 1R has well & no gas. Tract 14R1 approved for 2 bedrooms & Tract 14R2 approved for 3 bedrooms by Jefferson County Health Dept. Other tracts were approved in the 1970s per recorded maps. Number of bedrooms will be determined by Health Department according to placement of new homes and possibly more soil mapping. Pick-up for personal property items are today immediately after the sale. Personal property not removed immediately after close of sale on sale day becomes the buyers’ responsibility.
REMEMBER, this is an Absolute Auction and all sales are final. Do not bid unless you are prepared to pay appropriate deposit today and meet all conditions to close as set out in your contract.
The property will be sold subject to all easements, zoning of record, restrictions, and from maps dated March 15, 2016 by Eddy R. Garrett, Registered Land Surveyor. The property will be sold free from all encumbrances and a Warranty Deed will be executed by the owner to the purchaser for said land.
BID PACKAGE: Auction Sales Contract & Promissory Note Package, along with any other paperwork pertaining to the properties, will be sent by e-mail from McCarter Auction Inc to the successful online bidder, who must execute and fax or email back to McCarter Auction Inc within 24 hours of receipt. Successful online bidders not executing and returning their contract & promissory note with earnest money deposit (10% non refundable deposit of total purchase price (certified funds or wire) made payable to McCarter Auction Inc) within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable. The entirety of the remaining balance is due at closing. Purchaser shall be responsible for all wire transfer fees and closing fees as set out in Auction Sales Contract and Auction Statement of Sale.
Auction Administrative Fee: In the event a winning online bidder fails to submit the signed Auction Sales Contract, signed Promissory Note, and deposit earnest money as provided in the pre-stipulated Auction Terms, the winning online bidder will be charged an administrative fee of $2,500.00 on the credit card provided at auction registration. Additional default remedies are reserved by McCarter Auction Inc and the Seller as provided in the Auction Statement of Sale, the Auction Sales Contract and the Promissory Note. All Administrative Fees are non-refundable.
AUCTION SALES CONTRACT, PROMISSORY NOTE, and STATEMENT OF SALE: Each property is offered under specific terms provided in the auction sales contract, promissory note, and statement of sale. The Auction Sales Contract, Promissory Note, Statement of Sale are available at www.mccarterauction.com in the “View Documents” section of this auction website. Please read and review the contract, promissory note, and statement of sale thoroughly prior to bidding on any property. If you have not read and reviewed the Auction Sales Contract, Promissory Note, Statement of Sale and all other materials available plus completed your own due diligence to satisfy all questions, please Do Not Bid! Buyer’s Premium: A 10% buyer’s premium will be added to the bid price on all properties to determine the final contract price. McCarter Auction Inc has the sole authority to resolve any bidding disputes as they may arise. McCarter Auction Inc is providing internet/online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the ending day of the auction. Under no circumstances shall Bidder have any kind of claim against McCarter Auction Inc or anyone else if the internet service fails to work correctly before or during the ending of the auction. McCarter Auction Inc will not be responsible for any missed bids from any source.
Buyer responsible for loading and/or removing personal property at pick up. If home and/or real estate is damaged by Buyer while removing items, buyer is responsible for any costs to repair damages. After 7 days, all items left become sole property of McCarter Auction, Inc. and no refund will be given. If buyer does not pick up items or make payments up to date on merchandise, the buyer will be flagged for all Marknet auctions. This includes all auction companies under the Marknet service. This means, you will not be able to bid on any auctions under Marknet Alliance membership
Please note these assets are sold one time with non-retractable bids. When you bid on any item, you are entering into a binding contract. All property is sold 'AS IS', and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. McCarter Auction, Inc. may attempt to describe the merchandise in advertising & on the internet but makes no representations. In no event shall McCarter Auction, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. McCarter Auction, Inc. will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase.
10% BUYERS PREMIUM TO BE ADDED TO EACH SUCCESSFUL BID