Name Lebanon TN Multi Property Auction
Auctioneer Century 21 West Main Realty & Auction LLC
Type Live Webcast Auction
Date(s) 10/29/2018 - 11/10/2018
Auction Date is Saturday, November 10th beginning at 10:00 a.m. as a live event at the Wilson County Expo Center in Lebanon TN. On Line Bidding Opens October 29th at 2:00 p.m. Day of sale, On Line bids will be received in line with On Site Auction Event.
Preview Date/Time Sunday November 4th 2018. 2:00 p.m. CST - 4:00 p.m. CST or Contact Agent Dwayne Rogers at 615-504-3909 to set up appointment. DO NOT VIEW PROPERTIES WITHOUT APPOINTMENT. SOME PROPERTIES ARE OCCUPIED BY RENTERS.
Checkout Date/Time All properties will be auctioned on November 10th. For On Line Winning Bidders: Winning bidder will be contacted by Auctioneer at the conclusion of the entire auction with Docusign Documents for signatures and wiring instructions for the non refundable Earnest Money Deposit.
Location Wilson County Expo Center 945 E Baddour Parkway
Lebanon, TN 37087
Buyer Premium 10% Buyers Premium
Description
AUCTION TERMS & CONDITIONS: Multi Parcel Auction Including the following properties selling in numbered order: 631 Leeville Pike Lebanon, TN deed book 1694 page 1617 Reg. Office of Wilson Co. TN 455 Thomas Rd. Lebanon, TN deed book 1698 page 298 Reg. Office of Wilson Co. TN 613 C.L. Manier Lebanon, TN deed book 1640 page 2268 Reg. Office of Wilson Co. TN 7740 Carthage Hwy Lebanon, TN deed book 1640 page 2265 Reg. Office of Wilson Co. TN 150 Old Hunter’s Point Pike Lebanon, TN deed book 1640 page 2262 Reg. Office of Wilson Co. TN 719, 721 & 723 Page Avenue Lebanon, TN deed book 1640 page 2271 Reg. Office of Wilson Co. TN 603 Fairview Avenue Lebanon, TN deed book 1704 page 294 Reg. Office of Wilson Co. TN 308 Dawson Lane Lebanon, TN deed book 1640 page 2257 Reg. Office of Wilson Co. TN On Line Bidding Starts: October 29th, 2018 at 10:00 a.m. CST On Line On Line Bidding Ends: Saturday, November 10th, 2018 to coincide with Live Auction, beginning at 10:00 a.m. CST LIVE AUCTION IS NOVEMBER 10TH, 2018 10:00 AM CST at the Wilson County Expo Center 944 Baddour PK. Lebanon, TN 37087 Properties will be selling in the number sequence listed above with Two pieces of equipment selling about noon during the real estate auction. Viewing of all properties is available Sunday November 4th, from 2:00 – 4:00 p.m. CST, or; Contact the listing agent Dwayne Rogers at 615-504-3909 to schedule an appointment. Before Bidding All bidders acknowledge and agree by their participation in the auction that the bidder has inspected the respective Properties offered onsite and online at auction today, or voluntarily chose not to inspect, and are not relying on any warranty or representation of Seller, Broker, Auction Company or any agent/employee thereof. Potential bidders are encouraged to make, or have made, their own inspections and due diligence prior to bidding on the property. These properties are selling “As-Is”, “Where Is” with no warranties or guarantees. Bidders Information and Security All registration information the bidder provides to Century 21 West Main Realty & Auction LLC shall be current, complete and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords, if bidding online. Bidders must notify Auctioneer Mike Walker, Century 21 West Main Realty & Auction LLC if they believe that their bidder number and password have been compromised at 615-308-9009. Under no circumstances shall Bidder have any kind of claim against Century 21 West Main Realty & Auction LLC, or anyone else if the internet service fails to work correctly before or during the auction. Bidder agrees that by registering for the onsite or online auction, they have accepted all Terms and Conditions. Bidder is responsible for all bids placed by their bidder account. Buyer’s Premium A 5% Buyer’s Premium will be added to the high bid price to determine the total contract sales price for the Property. A $250 administration fee will also be charged to the buyer at closing for each property. Absolute Auction This auction is an absolute auction. This means that the property will sell to the highest and best bidder. Reserve Auction (if applicable) Unless otherwise indicated, all lots in this auction are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Reserves are agreed upon between the Owner and Auctioneer. The Auctioneer reserves the right to bid as agent for the Owner up to the amount of the reserve by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Age Requirement-All bidders/purchasers must be 18 years of age or older. Company-Century 21 companies are independently owned and operated. Bid Increments-The minimum bid increment is $ 1,000 dollars. The auctioneer reserves the right to reduce the bid increment , at the auctioneer’s discretion, to entice additional bidding at any time during the auction. OnSite Bidder Registration/Authorization-All bidders must receive a bid number to bid. Onsite bidders are required to present a valid driver’s license upon registering. Bidder’s will allow registration clerk to make a copy of your ID. OnLine Bidder Registration/Authorization All bidders must receive a bid number to bid. A valid driver’s license is required, and a photo or scanned copy of your driver’s license must be submitted to auctioneermikewalker@gmail.com in order to register to bid on line. A valid credit card is required to bid online. Online Bidder agrees that a $500.00 hold can be placed on their credit card for an internet service fee and that if they are the winning bidder and fail to close under the terms of this agreement, the $500 internet service fee is non-refundable and will be charged to their credit card. This authorization is not actually charged to your card. If they are not the winning bidder, the $500 internet service fee will be released, and the credit card will not be charged. OnLine Debit Card Warning We require bidders to secure their accounts with a credit or debit card. Some of our auctions further require a deposit. If you use a credit card to secure your account, the auction deposit will take the form of a credit card authorization and will count against your credit limit for the duration of the authorization (up to 10 business days) If you use a debit card to secure your account, the auction deposit will take the form of a hold on funds in your bank account for the duration of the authorization. Century 21 West Main Realty & Auction, LLC (all offices independently owned and operated) highly recommends you secure your account with a credit card and is not responsible for any issues arising from the use of a debit card to secure your bidding account. Add a debit card at your own risk. Online Auction Ending Beginning at the stated closing time, the auction software will conclude bidding with the following exception: The closing time of each specific property/lot will coincide with the selling of each property at the live auction determined by the auctioneer. There will be no soft close. Agreement of Purchase & Sale Immediately following the close/selling of each property/lot, the high bidder will be required to enter into a Purchase and Sale Agreement either on site or via DocuSign for online bidders. This will take place at the end of the auction event for both onsite and online purchasers. Payment and Closing The successful bidder, on site or online, will be required to sign the “Purchase and Sale Agreement” at the close of the auction and pay a non-refundable 15% of the total contract price to the Auction company to be deposited into the Auction Company’s escrow account. Online bidders will be emailed the purchase and sale agreement via DocuSign at the close of the entire auction and must sign within 24 hours of the close of the auction and must wire the 15% non-refundable deposit by the 4:00 pm Monday November 12th into the Closing Attorney’s escrow account. The Purchaser shall pay the remainder of the total contract sales price at the real estate closing. Closing shall take place no later than December 21st, 2018. The Escrow Agent / Closing Attorney will schedule and conduct the closing. Failure to do so will be considered a breach of contract. Escrow Agent / Closing Attorney The purchase monies/wire deposits, for online purchasers for the real estate shall be paid to and deposited with: Lee & Lee Attorneys at Law, 109 East Gay St., Lebanon, TN 37087 615-444-1312 / Closing Attorney. Onsite purchasers shall make their earnest money deposit payable to: Century 21 West Main Realty & Auction Plat Maps or Survey The Seller will provide a copy of the plat or boundary survey that was obtained from the Register of Deeds office if available. Seller will not provide a new survey. Deed-Seller shall provide a warranty deed. Lead-Based Paint/Mold Disclosures Bidders agree that they have had the benefit of a 10-day period to inspect the subject premises for lead-based paint or lead-based paint hazards or mold. Bidders further agree that this 10-day period began with the first appearance of advertising promoting the property for sale at auction. If such inspection has not taken place within the 10-day period, the Purchaser agrees to waive the right to perform any further such inspections or tests before closing the transaction and will agree to accept the property in as-is condition and agree to sign the Lead Based Paint and Mold disclosures at time of signing the purchase contract. Evidence of Title Auctioneer shall post a preliminary title of opinion and other supporting documents on its website before the conclusion of the auction. Seller agrees to provide merchantable title to the Property subject to matters of record, general conditions of title and similar or related matters identified in the preliminary title commitment. Title Insurance The Purchaser may obtain an owner’s title insurance policy in the amount of the purchase price from the Closing Attorney at the Purchaser’s cost. Contact Lee & Lee Attorney’s for pricing at 615-444-1312 Real Estate Taxes & Real Time Order of Sale Real estate taxes and assessments shall be pro-rated to the date of Closing. Taxes for 2018 are as follows: 631 Leeville Pike Lebanon, TN $733.00 455 Thomas Rd. Lebanon, TN $344.00 613 C.L. Manier Lebanon, TN $486.00 7740 Carthage Hwy Lebanon, TN $ 317.00 150 Old Hunter’s Point Pike Lebanon, TN $219.00 719, 721 & 723 Page Avenue Lebanon, TN $ 220.00 603 Fairview Avenue Lebanon, TN $ 904.00 308 Dawson Lane Lebanon, TN $752.00 Closing Costs The Owner shall pay the following closing costs: Title commitment fee Costs to prepare the deed Pre-determined closing agent’s cost to the seller Any legal counsel retained by Owner in connection with the conveyance of the Property The Purchaser shall pay the following costs: The cost of the standard owner’s ALTA title policy, if Purchaser chooses to have a title policy issued: Any special endorsements to the title policy; Any costs associated with title insurance issued in favor of Purchaser’s lenders, if any; All costs arising from or relating to any loan sought by Purchaser to finance the conveyance; All recording costs, transfer taxes and mortgage taxes arising from the deed, deed of trust and any other financing documents required by Purchaser’s lenders, if any; 50% of the closing agent’s cost to close the sale; and Any legal counsel retained by Purchaser in connection with the conveyance of the Property REAL ESTATE TERMS-Cash at closing This is a cash sale and is not contingent on Purchaser’s ability to obtain financing, or any other buyer contingency. (Buyer’s may use financing; however, this sale is not contingent on financing, appraisals, or inspections that might be required by a lender and must be closed by the stated closing date) Buyer’s should already have made all financial arrangements prior to bidding. No Terms-Cash at Closing! As-Is Sale The Purchaser shall accept the property in an as-is condition with all faults as of the closing date and the Purchaser shall specifically agree that the Seller has not and does not make any representations or warranties of any kind whatsoever, expressed or implied, to the purchaser regarding the property or any improvements thereon. All real estate, Land, buildings and improvements are being sold and purchased “AS-IS” without any warranties or guarantees, nor representations as to fitness, use, habitability, merchantability, condition, age, shape, size, quality, quantity, environmental impact, conditions or hazards, condition of wells or subsurface conditions being expressed or implied by sellers or their agents. The properties are selling subject to: Anything an accurate survey/plat or personal inspection of the property may reveal, including any existing right-of-way(s), easements or claims to easements, any encroachments, rights or claims of parties in possession, restrictive covenants and easements, flood zones, zoning or subdivision regulations, building codes, governmental agency regulations, environmental conditions, soils test, perk test, septic systems, sewer systems and connections, lead-based paint, mold, asbestos, radon gas, hazardous materials, any mineral rights, water rights, riparian or littoral rights, and reservations or conveyances, if any, that might affect the premises. The Purchaser shall have satisfied themselves as to the location and condition of the property and all descriptions thereof, before bidding. All information contained in the brochure and all promotional materials, including, but not limited to, square footages, acreage, descriptions, dimensions, maps, taxes, soils work, perk test, etc., as provided by the Seller and is believed to be correct; however, neither the Seller nor the Auctioneer, Auction Company or its representatives makes any guarantee or warranty as to the accuracy or completeness of such information. Possession The Purchaser will receive possession at closing, subject to the rights of parties in possession and existing leases, if any. Current leases, if any, are month to month. Deposits, if any, will be transferred at closing. Agency Disclosure Century 21 West Main Realty & Auction, LLC and its representatives are exclusive agents of the Seller and are agents of no other party to this transaction. Miscellaneous All decisions of the Auctioneer shall be final; including methods of bidding, disputes among bidders, increments of bidding and any other matters that may arise before, during, or after the auction. Seller reserves the right to deny any person the right to participate in the auction or to ban anyone from the auction who attempts to disrupt it. Equal Opportunity Clause All bidding is open to the public. The Property is available to qualified purchasers without regard to a prospective Purchaser’s race, color, religion, sex, familial status, national origin or physical handicap. Debt Collection & Interest Charge The bidder agrees to pay all reasonable attorney fees and other costs incurred by Century 21 West Main Realty & Auction, LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Century 21 West Main Realty & Auction, LLC. Any debt collection or dispute proceedings will be heard in Wilson County, Tennessee. Guaranty Agreement By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney fee. Mobile Homes- Some of these properties are mobile homes. The trailer’s on Page Ave have titles that will be presented at closing. The other two Double wide mobile homes are on permanent foundations. Seller Morgan & Neal Properties Inc. Both Buyer’s and Seller’s agree that they have read, understand, and agree to the Terms and Conditions of this auction and by signing below, agree to adhere to these terms and conditions. Buyer Signature Date Buyer Signature Date Seller Signature Date Seller Signature Date
Auction Terms & Conditions AUCTION TERMS & CONDITIONS: CENTURY 21 WEST MAIN REALTY &AUCTION FIRM #5138 1104 West Main St. Lebanon, TN 37087 615-444-7100 Principal Auctioneer Mike Walker License#2361 MULTI PARCEL REAL ESTATE AUCTION including 8 properties 631 Leeville Pike Lebanon, TN deed book 1694 page 1617 Reg. Office of Wilson Co. TN 455 Thomas Rd. Lebanon, TN deed book 1698 page 298 Reg. Office of Wilson Co. TN 613 C.L. Manier Lebanon, TN deed book 1640 page 2268 Reg. Office of Wilson Co. TN 7740 Carthage Hwy Lebanon, TN deed book 1640 page 2265 Reg. Office of Wilson Co. TN 150 Old Hunter’s Point Pike Lebanon, TN deed book 1640 page 2262 Reg. Office of Wilson Co. TN 719, 721 & 723 Page Avenue Lebanon, TN deed book 1640 page 2271 Reg. Office of Wilson Co. TN 603 Fairview Avenue Lebanon, TN deed book 1704 page 294 Reg. Office of Wilson Co. TN 308 Dawson Lane Lebanon, TN deed book 1640 page 2257 Reg. Office of Wilson Co. TN On Line Bidding Starts: October 29t, 2018 at 10:00 a.m. CST On Line On Line Bidding Ends: Saturday, November 10th, 2018 to coincide with Live Auction, beginning at 10:00 a.m. CST LIVE AUCTION IS NOVEMBER 10TH, 2018 10:00 AM CST at the Wilson County Expo Center 944 Baddour PK. Lebanon, TN 37087 Properties will be selling in the number sequence listed above with Two pieces of equipment selling about noon during the real estate auction. Viewing of all properties is available Sunday November 4th, from 2:00 – 4:00 p.m. CST, or; Contact the listing agent Dwayne Rogers at 615-504-3909 to schedule an appointment. Before Bidding All bidders acknowledge and agree by their participation in the auction that the bidder has inspected the respective Properties offered onsite and online at auction today, or voluntarily chose not to inspect, and are not relying on any warranty or representation of Seller, Broker, Auction Company or any agent/employee thereof. Potential bidders are encouraged to make, or have made, their own inspections and due diligence prior to bidding on the property. These properties are selling “As-Is”, “Where Is” with no warranties or guarantees. Bidders Information and Security All registration information the bidder provides to Century 21 West Main Realty & Auction LLC shall be current, complete and accurate. All bidders are responsible for any bids placed under their bidding numbers and passwords, if bidding online. Bidders must notify Auctioneer Mike Walker, Century 21 West Main Realty & Auction LLC if they believe that their bidder number and password have been compromised at 615-308-9009. Under no circumstances shall Bidder have any kind of claim against Century 21 West Main Realty & Auction LLC, or anyone else if the internet service fails to work correctly before or during the auction. Bidder agrees that by registering for the onsite or online auction, they have accepted all Terms and Conditions. Bidder is responsible for all bids placed by their bidder account. Buyer’s Premium A 5% Buyer’s Premium will be added to the high bid price to determine the total contract sales price for the Property. A $250 administration fee will also be charged to the buyer at closing for each property. Absolute Auction This auction is an absolute auction. This means that the property will sell to the highest and best bidder. Reserve Auction (if applicable) Unless otherwise indicated, all lots in this auction are offered subject to a reserve, which is the confidential minimum price below which such lot will not be sold. Reserves are agreed upon between the Owner and Auctioneer. The Auctioneer reserves the right to bid as agent for the Owner up to the amount of the reserve by placing successive or consecutive bids for a lot or by placing bids in response to other bidders. Age Requirement-All bidders/purchasers must be 18 years of age or older. Company-Century 21 companies are independently owned and operated. Bid Increments-The minimum bid increment is $ 1,000 dollars. The auctioneer reserves the right to reduce the bid increment , at the auctioneer’s discretion, to entice additional bidding at any time during the auction. OnSite Bidder Registration/Authorization-All bidders must receive a bid number to bid. Onsite bidders are required to present a valid driver’s license upon registering. Bidder’s will allow registration clerk to make a copy of your ID. OnLine Bidder Registration/Authorization All bidders must receive a bid number to bid. A valid driver’s license is required, and a photo or scanned copy of your driver’s license must be submitted to auctioneermikewalker@gmail.com in order to register to bid on line. A valid credit card is required to bid online. Online Bidder agrees that a $500.00 hold can be placed on their credit card for an internet service fee and that if they are the winning bidder and fail to close under the terms of this agreement, the $500 internet service fee is non-refundable and will be charged to their credit card. This authorization is not actually charged to your card. If they are not the winning bidder, the $500 internet service fee will be released, and the credit card will not be charged. OnLine Debit Card Warning We require bidders to secure their accounts with a credit or debit card. Some of our auctions further require a deposit. If you use a credit card to secure your account, the auction deposit will take the form of a credit card authorization and will count against your credit limit for the duration of the authorization (up to 10 business days) If you use a debit card to secure your account, the auction deposit will take the form of a hold on funds in your bank account for the duration of the authorization. Century 21 West Main Realty & Auction, LLC (all offices independently owned and operated) highly recommends you secure your account with a credit card and is not responsible for any issues arising from the use of a debit card to secure your bidding account. Add a debit card at your own risk. Online Auction Ending Beginning at the stated closing time, the auction software will conclude bidding with the following exception: The closing time of each specific property/lot will coincide with the selling of each property at the live auction determined by the auctioneer. There will be no soft close. Agreement of Purchase & Sale Immediately following the close/selling of each property/lot, the high bidder will be required to enter into a Purchase and Sale Agreement either on site or via DocuSign for online bidders. This will take place at the end of the auction event for both onsite and online purchasers. Payment and Closing The successful bidder, on site or online, will be required to sign the “Purchase and Sale Agreement” at the close of the auction and pay a non-refundable 15% of the total contract price to the Auction company to be deposited into the Auction Company’s escrow account. Online bidders will be emailed the purchase and sale agreement via DocuSign at the close of the entire auction and must sign within 24 hours of the close of the auction and must wire the 15% non-refundable deposit by the 4:00 pm Monday November 12th into the Closing Attorney’s escrow account. The Purchaser shall pay the remainder of the total contract sales price at the real estate closing. Closing shall take place no later than December 21st, 2018. The Escrow Agent / Closing Attorney will schedule and conduct the closing. Failure to do so will be considered a breach of contract. Escrow Agent / Closing Attorney The purchase monies/wire deposits, for online purchasers for the real estate shall be paid to and deposited with: Lee & Lee Attorneys at Law, 109 East Gay St., Lebanon, TN 37087 615-444-1312 / Closing Attorney. Onsite purchasers shall make their earnest money deposit payable to: Century 21 West Main Realty & Auction Plat Maps or Survey The Seller will provide a copy of the plat or boundary survey that was obtained from the Register of Deeds office if available. Seller will not provide a new survey. Deed-Seller shall provide a warranty deed. Lead-Based Paint/Mold Disclosures – Some of these properties were built prior to 1978 and may contain lead-based paint and or mold. Buyer to sign Lead Based Paint & Mold Disclosure waiver upon signing contract Bidders agree that they have had the benefit of a 10-day period to inspect the subject premises for lead-based paint or lead-based paint hazards or mold. Bidders further agree that this 10-day period began with the first appearance of advertising promoting the property for sale at auction. If such inspection has not taken place within the 10-day period, the Purchaser agrees to waive the right to perform any further such inspections or tests before closing the transaction and will agree to accept the property in as-is condition and agree to sign the Lead Based Paint and Mold disclosures at time of signing the purchase contract. Evidence of Title Auctioneer shall post a preliminary title of opinion and other supporting documents on its website before the conclusion of the auction. Seller agrees to provide merchantable title to the Property subject to matters of record, general conditions of title and similar or related matters identified in the preliminary title commitment. Title Insurance The Purchaser may obtain an owner’s title insurance policy in the amount of the purchase price from the Closing Attorney at the Purchaser’s cost. Contact Lee & Lee Attorney’s for pricing at 615-444-1312 Real Estate Taxes & Real Time Order of Sale Real estate taxes and assessments shall be pro-rated to the date of Closing. Taxes for 2018 are as follows: 631 Leeville Pike Lebanon, TN $733.00 455 Thomas Rd. Lebanon, TN $344.00 613 C.L. Manier Lebanon, TN $486.00 7740 Carthage Hwy Lebanon, TN $ 317.00 150 Old Hunter’s Point Pike Lebanon, TN $219.00 719, 721 & 723 Page Avenue Lebanon, TN $ 220.00 603 Fairview Avenue Lebanon, TN $ 904.00 308 Dawson Lane Lebanon, TN $752.00 Closing Costs The Owner shall pay the following closing costs: Title commitment fee Costs to prepare the deed Pre-determined closing agent’s cost to the seller Any legal counsel retained by Owner in connection with the conveyance of the Property The Purchaser shall pay the following costs: The cost of the standard owner’s ALTA title policy, if Purchaser chooses to have a title policy issued: Any special endorsements to the title policy; Any costs associated with title insurance issued in favor of Purchaser’s lenders, if any; All costs arising from or relating to any loan sought by Purchaser to finance the conveyance; All recording costs, transfer taxes and mortgage taxes arising from the deed, deed of trust and any other financing documents required by Purchaser’s lenders, if any; 50% of the closing agent’s cost to close the sale; and Any legal counsel retained by Purchaser in connection with the conveyance of the Property REAL ESTATE TERMS-Cash at closing This is a cash sale and is not contingent on Purchaser’s ability to obtain financing, or any other buyer contingency. (Buyer’s may use financing; however, this sale is not contingent on financing, appraisals, or inspections that might be required by a lender and must be closed by the stated closing date) Buyer’s should already have made all financial arrangements prior to bidding. No Terms-Cash at Closing! As-Is Sale The Purchaser shall accept the property in an as-is condition with all faults as of the closing date and the Purchaser shall specifically agree that the Seller has not and does not make any representations or warranties of any kind whatsoever, expressed or implied, to the purchaser regarding the property or any improvements thereon. All real estate, Land, buildings and improvements are being sold and purchased “AS-IS” without any warranties or guarantees, nor representations as to fitness, use, habitability, merchantability, condition, age, shape, size, quality, quantity, environmental impact, conditions or hazards, condition of wells or subsurface conditions being expressed or implied by sellers or their agents. The properties are selling subject to: Anything an accurate survey/plat or personal inspection of the property may reveal, including any existing right-of-way(s), easements or claims to easements, any encroachments, rights or claims of parties in possession, restrictive covenants and easements, flood zones, zoning or subdivision regulations, building codes, governmental agency regulations, environmental conditions, soils test, perk test, septic systems, sewer systems and connections, lead-based paint, mold, asbestos, radon gas, hazardous materials, any mineral rights, water rights, riparian or littoral rights, and reservations or conveyances, if any, that might affect the premises. The Purchaser shall have satisfied themselves as to the location and condition of the property and all descriptions thereof, before bidding. All information contained in the brochure and all promotional materials, including, but not limited to, square footages, acreage, descriptions, dimensions, maps, taxes, soils work, perk test, etc., as provided by the Seller and is believed to be correct; however, neither the Seller nor the Auctioneer, Auction Company or its representatives makes any guarantee or warranty as to the accuracy or completeness of such information. Possession The Purchaser will receive possession at closing, subject to the rights of parties in possession and existing leases, if any. Current leases, if any, are month to month. Deposits, if any, will be transferred at closing. Agency Disclosure Century 21 West Main Realty & Auction, LLC and its representatives are exclusive agents of the Seller and are agents of no other party to this transaction. Miscellaneous All decisions of the Auctioneer shall be final; including methods of bidding, disputes among bidders, increments of bidding and any other matters that may arise before, during, or after the auction. Seller reserves the right to deny any person the right to participate in the auction or to ban anyone from the auction who attempts to disrupt it. Equal Opportunity Clause All bidding is open to the public. The Property is available to qualified purchasers without regard to a prospective Purchaser’s race, color, religion, sex, familial status, national origin or physical handicap. Debt Collection & Interest Charge The bidder agrees to pay all reasonable attorney fees and other costs incurred by Century 21 West Main Realty & Auction, LLC in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Century 21 West Main Realty & Auction, LLC. Any debt collection or dispute proceedings will be heard in Wilson County, Tennessee. Guaranty Agreement By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorney fee. Mobile Homes- Some of these properties are mobile homes. The trailer’s on Page Ave have titles that will be presented at closing. The other two Double wide mobile homes are on permanent foundations. Seller Morgan & Neal Properties Inc. Both Buyer’s and Seller’s agree that they have read, understand, and agree to the Terms and Conditions of this auction and by signing below, agree to adhere to these terms and conditions. Buyer Signature Date Buyer Signature Date Seller Signature Date Seller Signature Date --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 9,999,999.99 1,000.00 USD
Currency USD
Buyer Premium 10% Buyers Premium
Payment Terms
Payment for ON LINE BIDDERS: ON LINE WINNING BIDDERS WILL BE CONTACTED AT THE CONCLUSION OF THE ENTIRE AUCTION EVENT BY THE AUCTIONEER OR THEIR REPRESENTATIVES BY PHONE. YOU WILL BE EMAILED THE CONTRACTUAL DOCUMENTS FOR YOUR SIGNATURE AND THE WIRING INSTRUCTIONS FOR THE NON REFUNDABLE EARNEST MONEY DEPOSIT. THESE FUNDS ARE TO BE RECEIVED BY CLOSING ATTORNEYS ESCROW ACCOUNT NO LATER THAN MONDAY, NOVEMBER 12TH AT 5 P.M. ANY DEPOSITS NOT RECEIVED BY THE DEADLINE WILL BE CONSIDERED A FORFEITURE. Payment for ON SITE BIDDERS: ON SITE WINNING BIDDERS, AT THE CONCLUSION OF THE ENTIRE AUCTION EVENT, WILL BE REQUIRED TO SIGN CONTRACTUAL DOCUMENTS AND SUBMIT THE NON REFUNDABLE EARNEST MONEY DEPOSIT THAT WILL BE DEPOSITED INTO THE CLOSING ATTORNEY ESCROW ACCOUNT. NO EXCEPTIONS.
NO SHIPPING/PICKUP FOR THIS AUCTION. THIS AUCTION IS FOR REAL ESTATE ONLY.