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GENERAL TERMS
WINNIE FUTRELL KIRKLAND PROPERTY
833 UNIVERSITY STREET, MARTIN, TN 38237
THURSDAY ~ NOVEMBER 21ST ~ 1:00 PM ~ 2019
AUCTION HELD OFF-SITE AT ALEXANDER’S AUCTION FACILITY -
123 CHURCH STREET, MARTIN, TN 38237
THIS IS A LIVE AUCTION WHICH WILL BE SIMULCAST ON THE INTERNET. OFF-SITE BIDDERS CAN BID IN REAL TIME DURING LIVE AUCTION. PRE-AUCTION BIDS ARE ACCEPTED. PRE-AUCTION BIDS WILL BE ENTERED DURING THE LIVE AUCTION. BIDDING WILL NOT CLOSE UNTIL THE FALL OF THE HAMMER AT THE LIVE AUCTION.
PRE-AUCTION BIDDERS CAN ENTER THEIR MAX BID ONLINE TO BE ENTERED AT THE LIVE AUCTION OR ATTEND THE LIVE AUCTION.
ALL BIDDERS ON-LINE MUST BE PRE-APPROVED BY ALEXANDER AUCTIONS & REAL ESTATE SALES. YOU MUST REGISTER ONLINE. CALL ALEXANDER AUCTIONS & REAL ESTATE SALES AT (731) 587-4244 FOR INFORMATION.
1. ALEXANDER AUCTIONS & REAL ESTATE SALES HAS BEEN COMMISSIONED BY DAVID HART, PERSONAL REPRESENTATIVE, TO SELL THIS REAL ESTATE AT ABSOLUTE AUCTION.
2. REAL ESTATE CONSISTS OF RESIDENCE AND 7.45 ACRES LOCATED IN THE 2ND CIVIL DISTRICT OF WEAKLEY COUNTY, TN. LOCATED AT 833 UNIVERSITY STREET, MARTIN, TENNESSEE
3. BEING TAX MAP 073, PARCEL 042.00 IN THE WEAKLEY COUNTY TAX ASSESSOR’S OFFICE.
4. DEED REFERENCES: DEED BOOK 109, PAGE 209, REGISTER’S OFFICE OF WEAKLEY COUNTY, TN.
5. PROPERTY WAS SURVEYED ON MAY 11-22, 2017, MINOR SUBDIVISION SURVEY & PLAT SEPTEMBER 13-17, 2019, MINOR SUBDIVISION SURVEY & PLAT REVISION SEPTEMBER 25-27, 2019 BY SERATT SURVEYING, LLC, THOMAS L. SERATT III, TENN. LICENSE NO. 2805.
6. A COPY OF THE SURVEY PLAT IS SUPPLIED AS EXHIBIT “A”.
7. BID INCREMENTS ARE $2,500.00.
8. TERMS ON REAL ESTATE: 15% DOWN DAY OF AUCTION. BALANCE DUE WITHIN 30 DAYS UPON DELIVERY OF DEED. PAYABLE IN CASH, CASHIERS CHECK, OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTEE MADE TO ALEXANDER AUCTIONS & REAL ESTATE SALES REQUIRED BY ALL PERSONS NOT PERSONALLY KNOWN BY AUCTION COMPANY.
9. 2019 TAXES PAID BY SELLER.
2020 TAXES TO BE ASSUMED BY BUYER.
10. 2019 PROPERTY TAXES: MAP 073, PARCEL 042.00
CITY OF MARTIN - $1,282.00
WEAKLEY COUNTY - $1,801.00 TOTAL - $3,083.00
11. A 10% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID ON THE REAL ESTATE TO REACH THE TOTAL SALES PRICE AND CONTRACT PRICE.
12. POSSESSION OF PROPERTY WITH DEED TRANSFER AT CLOSING.
13. REAL ESTATE IS BEING OFFERED IN 5 TRACTS AND COMBINATIONS:
TRACT 1: 0.97 ACRES
TRACT 2: 1.25 ACRES
TRACT 3: RESIDENCE AND 2.71 ACRES
TRACT 4: 1.22 ACRES
TRACT 5: 1.28 ACRES
14. IN THE EVENT TRACT 3 & 4 SELL SEPARATE OR THE PLAT IS RECORDED IN THE WEAKLEY COUNTY REGISTER’S OFFICE, THE STORAGE BUILDING ON TRACT 4 WILL NEED TO BE TORN DOWN.
15. THE OWNER OF TRACT 3 SHALL BE RESPONSIBLE FOR TEARING THE STORAGE BUILDING DOWN BECAUSE IT ENCROACHES ON TRACT 3.
16. THE RESIDENCE AND OUTBUILDING ON THE PROPERTY MAY BE IN NEED OF REPAIRS AND DEFERRED MAINTENANCE.
17. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE OWNERS HAVE NO KNOWLEDGE
AS TO THE CONDITION OF THE ELECTRICAL, HEATING, PLUMBING AND STRUCTURAL CONDITION OF THE RESIDENCE OR ANY OUTBUILDINGS.
18. THE RESIDENCE ON TRACT 3 SELLS SUBJECT TO THE LEAD-BASED PAINT DISCLOSURE. LEAD-BASED PAINT NOTIFICATION APPLIES. RESIDENCE DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS: EVERY PROSPECTIVE PURCHASER IS INFORMED THIS HOUSE WAS BUILT PRIOR TO 1978 AND NOTIFICATION IS GIVEN THAT THE PROPERTY MAY PRESENT EXPOSURE TO LEAD-BASED PAINT. PROSPECTIVE PURCHASERS ARE GRANTED THE RIGHT, BY LAW, 10 DAYS TO HAVE THIS HOME INSPECTED FOR LEAD-BASED PAINT. THE PERIOD OF TIME ALLOWED FOR RISK ASSESSMENT OR INSPECTION FOR POSSIBLE LEAD-BASED PAINT HAZARDS BEGAN ON MONDAY, OCTOBER 26TH, 2019, WITH THE FIRST ADVERTISEMENT FOR THE SALE OF THIS PROPERTY AT AUCTION ON NOVEMBER 6TH, 2019.
19. PURCHASER AND PURCHASER’S REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO INSPECT THIS PROPERTY AND WILL AGREE TO MAKE ALL BIDS AND PURCHASE SAID PROPERTY AS A RESULT OF THEIR INSPECTION.
20. ALEXANDER AUCTIONS & REAL ESTATE SALES AND ALL AGENTS WORKING AT THIS AUCTION ARE ACTING AS AN AGENT FOR THE SELLER.
21. SELLER AND ALEXANDER AUCTIONS & REAL ESTATE SALES HAS NOT MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES, EXPRESSED OR IMPLIED, OR ARISING OUT BY OPERATION OF LAW, AS TO THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR PARTICULAR USE.
22. NO ONE SHOULD MAKE A BID THAT HE/SHE DOES NOT WANT TO HONOR OR IS NOT FINANCIALLY ABLE TO HONOR.
23. OTHER CONDITIONS: BUYER(S) MUST BE PREPARED TO MAKE A CASH OFFER. THERE ARE NO CONTINGENCIES TO THIS SALE (I.E., FINANCING, APPRAISAL, REPAIRS, OR INSPECTIONS). THEREFORE, YOU SHOULD BE PRE-QUALIFIED BY A LENDER PRIOR TO BIDDING IF YOU REQUIRE FINANCING. THIS PROPERTY IS BEING SOLD FOR CASH “AS-IS, WHERE-IS” WITH A CLOSING DEADLINE.
24. NO PURCHASE IS CONTINGENT ON FINANCING, APPRAISALS, PROPERTY OR HOME INSPECTIONS OR ANY OTHER CONTINGENCIES.
25. ANY INFORMATION SUPPLIED IN THE TERMS AND CONDITIONS CONCERNING THE PROPERTY INFORMATION AND TAX AMOUNTS ARE SUPPLIED TO ACCOMMODATE THE PURCHASER(S). IT IS THE PURCHASER’S SOLE RESPONSIBILITY TO HAVE COMPLETED THEIR OWN DUE DILIGENCE SURVEY, RESEARCH, INSPECTION, CHECKING AND BID ACCORDING TO THEIR DUE DILIGENT SURVEY AND RESEARCH.
26. FAILURE TO PAY THE BALANCE DUE WILL REQUIRE YOU TO FORFEIT YOUR EARNEST MONEY AND BECOME SUBJECT TO ALL TERMS IN THE CONTRACT.
27. PROPERTY SELLS SUBJECT TO ANY EXISTING EASEMENTS LISTED ON THE PLAT.
28. PROPERTY SELLS SUBJECT TO ANY CITY, COUNTY, STATE OR SUBDIVISION ZONING REGULATIONS OR RESTRICTIONS THAT EXIST.
29. PROPERTY SELLS SUBJECT TO RESTRICTIVE COVENANTS IN DEED BOOK 289, PAGE 286 IN THE REGISTER’S OFFICE OF WEAKLEY COUNTY TENNESSEE.
30. PURCHASERS SHOULD CONTACT THEIR ATTORNEY TO COMPLETE THEIR TITLE OPINION IMMEDIATELY FOLLOWING THE AUCTION. CONTRACT DOES NOT PROVIDE FOR AN EXTENSION DUE TO AN ATTORNEY FAILING TO COMPLETE TITLE WORK OR YOUR LOAN CLOSING NOT BEING SET UP IN TIME TO MEET THE FORTY-FIVE (45) DAY CLOSING PERIOD. CONTACT YOUR ATTORNEY IMMEDIATELY!
31. PROPERTY AND IMPROVEMENTS ARE BEING SOLD IN THEIR PRESENT CONDITION “AS IS”. NO IMPROVEMENTS WILL BE MADE. THERE ARE NO WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED AS TO CONDITION OR FITNESS FOR USE. THE WARRANTIES OF HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND PARTICULAR USE ARE EXPRESSLY EXCLUDED.
32. COMPLIANCE WITH THE TERMS OF SALE: IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION, THE AUCTIONEER IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALES WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSE AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO AFFECT THE RESALE OF PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYERS ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COST AS INCURRED PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT.
33. BIDDERS WHO BID OFF-SITE AND ARE NOT PRESENT AT THE LIVE AUCTION OR 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.
34. ALEXANDER AUCTIONS & REAL ESTATE SALES IS PROVIDING INTERNET PRE-AUCTION BIDDING AS A SERVICE TO BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF THE AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE THE LIVE AUCTION. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS.
35. DESCRIPTION TAKES PRECEDENCE OVER THE PICTURES.
36. ALL TIE BIDS WILL BE SETTLED FROM THE AUCTION STAND BY THE AUCTIONEER AND HIS DECISION WILL BE FINAL. THE AUCTIONEER WILL HAVE THE RIGHT TO RE-OPEN THE BID BETWEEN ALL BIDDERS.
37. ANY INDIVIDUAL ATTENDING THE AUCTION OR WORKING AT THE AUCTION HAS THE
RIGHT TO BID AND PURCHASE THE PROPERTY.
38. AUCTIONEER AND SALES MANAGEMENT RESERVE THE RIGHT TO BID OR EXECUTE ANY ABSENTEE BID OR OTHER BIDS THAT ARE TURNED IN TO THEM.
39. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS OR UNEXECUTED BIDS FROM ANY SOURCE.
40. ALL INFORMATION USED IN THE ADVERTISING AND PROMOTION OF THIS AUCTION HAS BEEN OBTAINED FROM PUBLIC RECORDS AND OTHER SOURCES DEEMED TO BE RELIABLE AND ARE BELIEVED TO BE TRUE AND CORRECT. NO WARRANTIES ARE MADE TO THIS EFFECT.
41. ALL BIDDERS AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BID ACCORDING TO THESE TERMS.
42. PROPERTY IS BEING SOLD SUBJECT TO THESE TERMS AND ANY OTHER TERMS ANNOUNCED AT THE AUCTION. THESE TERMS WILL BE INCORPORATED INTO THE SALES CONTRACT FOR FUTURE REFERENCE.
43. NO BIDS ARE CLOSED UNTIL PROPERTY IS OFFERED AT THE LIVE AUCTION.
44. PARTICIPATING BROKERS MUST REVIEW THE PATRICIPATING RULES AND FILL OUT ALL NECESSARY FORMS TO REGISTER THEIR BIDDERS BEFORE THE AUCTION.
45. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.
WE APPRECIATE YOU ATTENDING THIS AUCTION AND WE WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.
Alexander
AUCTIONS & REAL ESTATE SALES
MARVIN E. ALEXANDER CAI – LIC. 9, FL 107
239 University Street P. O. Box 129
MARTIN, TN 38237 (731) 587-4244
Email: [email protected]
SEE OUR WEBSITE: www.alexanderauctions.com
\\STORAGE\public\AUCTION\Terms\Kirkland, Winnie - 11-21-19 Terms.docx
EXHIBIT “A”
WINNIE FUTRELL KIRKLAND PROPERTY
833 UNIVERSITY STREET, MARTIN, TN 38237
THURSDAY ~ NOVEMBER 21ST ~ 1:00 PM ~ 2019
AUCTION HELD OFF-SITE AT ALEXANDER’S AUCTION FACILITY -
123 CHURCH STREET, MARTIN, TN 38237
THIS IS A LIVE AUCTION WHICH WILL BE SIMULCAST ON THE INTERNET. OFF-SITE BIDDERS CAN BID IN REAL TIME DURING LIVE AUCTION. PRE-AUCTION BIDS ARE ACCEPTED. PRE-AUCTION BIDS WILL BE ENTERED DURING THE LIVE AUCTION. BIDDING WILL NOT CLOSE UNTIL THE FALL OF THE HAMMER AT THE LIVE AUCTION.
PRE-AUCTION BIDDERS CAN ENTER THEIR MAX BID ONLINE TO BE ENTERED AT THE LIVE AUCTION OR ATTEND THE LIVE AUCTION.
ALL BIDDERS ON-LINE MUST BE PRE-APPROVED BY ALEXANDER AUCTIONS & REAL ESTATE SALES. YOU MUST REGISTER ONLINE. CALL ALEXANDER AUCTIONS & REAL ESTATE SALES AT (731) 587-4244 FOR INFORMATION.
1. ALEXANDER AUCTIONS & REAL ESTATE SALES HAS BEEN COMMISSIONED BY DAVID HART, PERSONAL REPRESENTATIVE, TO SELL THIS REAL ESTATE AT ABSOLUTE AUCTION.
2. REAL ESTATE CONSISTS OF RESIDENCE AND 7.45 ACRES LOCATED IN THE 2ND CIVIL DISTRICT OF WEAKLEY COUNTY, TN. LOCATED AT 833 UNIVERSITY STREET, MARTIN, TENNESSEE
3. BEING TAX MAP 073, PARCEL 042.00 IN THE WEAKLEY COUNTY TAX ASSESSOR’S OFFICE.
4. DEED REFERENCES: DEED BOOK 109, PAGE 209, REGISTER’S OFFICE OF WEAKLEY COUNTY, TN.
5. PROPERTY WAS SURVEYED ON MAY 11-22, 2017, MINOR SUBDIVISION SURVEY & PLAT SEPTEMBER 13-17, 2019, MINOR SUBDIVISION SURVEY & PLAT REVISION SEPTEMBER 25-27, 2019 BY SERATT SURVEYING, LLC, THOMAS L. SERATT III, TENN. LICENSE NO. 2805.
6. A COPY OF THE SURVEY PLAT IS SUPPLIED AS EXHIBIT “A”.
7. BID INCREMENTS ARE $2,500.00.
8. TERMS ON REAL ESTATE: 15% DOWN DAY OF AUCTION. BALANCE DUE WITHIN 30 DAYS UPON DELIVERY OF DEED. PAYABLE IN CASH, CASHIERS CHECK, OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTEE MADE TO ALEXANDER AUCTIONS & REAL ESTATE SALES REQUIRED BY ALL PERSONS NOT PERSONALLY KNOWN BY AUCTION COMPANY.
9. 2019 TAXES PAID BY SELLER.
2020 TAXES TO BE ASSUMED BY BUYER.
10. 2019 PROPERTY TAXES: MAP 073, PARCEL 042.00
CITY OF MARTIN - $1,282.00
WEAKLEY COUNTY - $1,801.00 TOTAL - $3,083.00
11. A 10% BUYER’S PREMIUM WILL BE ADDED TO THE FINAL BID ON THE REAL ESTATE TO REACH THE TOTAL SALES PRICE AND CONTRACT PRICE.
12. POSSESSION OF PROPERTY WITH DEED TRANSFER AT CLOSING.
13. REAL ESTATE IS BEING OFFERED IN 5 TRACTS AND COMBINATIONS:
TRACT 1: 0.97 ACRES
TRACT 2: 1.25 ACRES
TRACT 3: RESIDENCE AND 2.71 ACRES
TRACT 4: 1.22 ACRES
TRACT 5: 1.28 ACRES
14. IN THE EVENT TRACT 3 & 4 SELL SEPARATE OR THE PLAT IS RECORDED IN THE WEAKLEY COUNTY REGISTER’S OFFICE, THE STORAGE BUILDING ON TRACT 4 WILL NEED TO BE TORN DOWN.
15. THE OWNER OF TRACT 3 SHALL BE RESPONSIBLE FOR TEARING THE STORAGE BUILDING DOWN BECAUSE IT ENCROACHES ON TRACT 3.
16. THE RESIDENCE AND OUTBUILDING ON THE PROPERTY MAY BE IN NEED OF REPAIRS AND DEFERRED MAINTENANCE.
17. ALEXANDER AUCTIONS & REAL ESTATE SALES AND THE OWNERS HAVE NO KNOWLEDGE
AS TO THE CONDITION OF THE ELECTRICAL, HEATING, PLUMBING AND STRUCTURAL CONDITION OF THE RESIDENCE OR ANY OUTBUILDINGS.
18. THE RESIDENCE ON TRACT 3 SELLS SUBJECT TO THE LEAD-BASED PAINT DISCLOSURE. LEAD-BASED PAINT NOTIFICATION APPLIES. RESIDENCE DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS: EVERY PROSPECTIVE PURCHASER IS INFORMED THIS HOUSE WAS BUILT PRIOR TO 1978 AND NOTIFICATION IS GIVEN THAT THE PROPERTY MAY PRESENT EXPOSURE TO LEAD-BASED PAINT. PROSPECTIVE PURCHASERS ARE GRANTED THE RIGHT, BY LAW, 10 DAYS TO HAVE THIS HOME INSPECTED FOR LEAD-BASED PAINT. THE PERIOD OF TIME ALLOWED FOR RISK ASSESSMENT OR INSPECTION FOR POSSIBLE LEAD-BASED PAINT HAZARDS BEGAN ON MONDAY, OCTOBER 26TH, 2019, WITH THE FIRST ADVERTISEMENT FOR THE SALE OF THIS PROPERTY AT AUCTION ON NOVEMBER 6TH, 2019.
19. PURCHASER AND PURCHASER’S REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO INSPECT THIS PROPERTY AND WILL AGREE TO MAKE ALL BIDS AND PURCHASE SAID PROPERTY AS A RESULT OF THEIR INSPECTION.
20. ALEXANDER AUCTIONS & REAL ESTATE SALES AND ALL AGENTS WORKING AT THIS AUCTION ARE ACTING AS AN AGENT FOR THE SELLER.
21. SELLER AND ALEXANDER AUCTIONS & REAL ESTATE SALES HAS NOT MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES, EXPRESSED OR IMPLIED, OR ARISING OUT BY OPERATION OF LAW, AS TO THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR PARTICULAR USE.
22. NO ONE SHOULD MAKE A BID THAT HE/SHE DOES NOT WANT TO HONOR OR IS NOT FINANCIALLY ABLE TO HONOR.
23. OTHER CONDITIONS: BUYER(S) MUST BE PREPARED TO MAKE A CASH OFFER. THERE ARE NO CONTINGENCIES TO THIS SALE (I.E., FINANCING, APPRAISAL, REPAIRS, OR INSPECTIONS). THEREFORE, YOU SHOULD BE PRE-QUALIFIED BY A LENDER PRIOR TO BIDDING IF YOU REQUIRE FINANCING. THIS PROPERTY IS BEING SOLD FOR CASH “AS-IS, WHERE-IS” WITH A CLOSING DEADLINE.
24. NO PURCHASE IS CONTINGENT ON FINANCING, APPRAISALS, PROPERTY OR HOME INSPECTIONS OR ANY OTHER CONTINGENCIES.
25. ANY INFORMATION SUPPLIED IN THE TERMS AND CONDITIONS CONCERNING THE PROPERTY INFORMATION AND TAX AMOUNTS ARE SUPPLIED TO ACCOMMODATE THE PURCHASER(S). IT IS THE PURCHASER’S SOLE RESPONSIBILITY TO HAVE COMPLETED THEIR OWN DUE DILIGENCE SURVEY, RESEARCH, INSPECTION, CHECKING AND BID ACCORDING TO THEIR DUE DILIGENT SURVEY AND RESEARCH.
26. FAILURE TO PAY THE BALANCE DUE WILL REQUIRE YOU TO FORFEIT YOUR EARNEST MONEY AND BECOME SUBJECT TO ALL TERMS IN THE CONTRACT.
27. PROPERTY SELLS SUBJECT TO ANY EXISTING EASEMENTS LISTED ON THE PLAT.
28. PROPERTY SELLS SUBJECT TO ANY CITY, COUNTY, STATE OR SUBDIVISION ZONING REGULATIONS OR RESTRICTIONS THAT EXIST.
29. PROPERTY SELLS SUBJECT TO RESTRICTIVE COVENANTS IN DEED BOOK 289, PAGE 286 IN THE REGISTER’S OFFICE OF WEAKLEY COUNTY TENNESSEE.
30. PURCHASERS SHOULD CONTACT THEIR ATTORNEY TO COMPLETE THEIR TITLE OPINION IMMEDIATELY FOLLOWING THE AUCTION. CONTRACT DOES NOT PROVIDE FOR AN EXTENSION DUE TO AN ATTORNEY FAILING TO COMPLETE TITLE WORK OR YOUR LOAN CLOSING NOT BEING SET UP IN TIME TO MEET THE FORTY-FIVE (45) DAY CLOSING PERIOD. CONTACT YOUR ATTORNEY IMMEDIATELY!
31. PROPERTY AND IMPROVEMENTS ARE BEING SOLD IN THEIR PRESENT CONDITION “AS IS”. NO IMPROVEMENTS WILL BE MADE. THERE ARE NO WARRANTIES OR GUARANTEES EXPRESSED OR IMPLIED AS TO CONDITION OR FITNESS FOR USE. THE WARRANTIES OF HABITABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND PARTICULAR USE ARE EXPRESSLY EXCLUDED.
32. COMPLIANCE WITH THE TERMS OF SALE: IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION, THE AUCTIONEER IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALES WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSE AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO AFFECT THE RESALE OF PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYERS ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COST AS INCURRED PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT.
33. BIDDERS WHO BID OFF-SITE AND ARE NOT PRESENT AT THE LIVE AUCTION OR 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.
34. ALEXANDER AUCTIONS & REAL ESTATE SALES IS PROVIDING INTERNET PRE-AUCTION BIDDING AS A SERVICE TO BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF THE AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE THE LIVE AUCTION. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS.
35. DESCRIPTION TAKES PRECEDENCE OVER THE PICTURES.
36. ALL TIE BIDS WILL BE SETTLED FROM THE AUCTION STAND BY THE AUCTIONEER AND HIS DECISION WILL BE FINAL. THE AUCTIONEER WILL HAVE THE RIGHT TO RE-OPEN THE BID BETWEEN ALL BIDDERS.
37. ANY INDIVIDUAL ATTENDING THE AUCTION OR WORKING AT THE AUCTION HAS THE
RIGHT TO BID AND PURCHASE THE PROPERTY.
38. AUCTIONEER AND SALES MANAGEMENT RESERVE THE RIGHT TO BID OR EXECUTE ANY ABSENTEE BID OR OTHER BIDS THAT ARE TURNED IN TO THEM.
39. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS OR UNEXECUTED BIDS FROM ANY SOURCE.
40. ALL INFORMATION USED IN THE ADVERTISING AND PROMOTION OF THIS AUCTION HAS BEEN OBTAINED FROM PUBLIC RECORDS AND OTHER SOURCES DEEMED TO BE RELIABLE AND ARE BELIEVED TO BE TRUE AND CORRECT. NO WARRANTIES ARE MADE TO THIS EFFECT.
41. ALL BIDDERS AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BID ACCORDING TO THESE TERMS.
42. PROPERTY IS BEING SOLD SUBJECT TO THESE TERMS AND ANY OTHER TERMS ANNOUNCED AT THE AUCTION. THESE TERMS WILL BE INCORPORATED INTO THE SALES CONTRACT FOR FUTURE REFERENCE.
43. NO BIDS ARE CLOSED UNTIL PROPERTY IS OFFERED AT THE LIVE AUCTION.
44. PARTICIPATING BROKERS MUST REVIEW THE PATRICIPATING RULES AND FILL OUT ALL NECESSARY FORMS TO REGISTER THEIR BIDDERS BEFORE THE AUCTION.
45. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS.
WE APPRECIATE YOU ATTENDING THIS AUCTION AND WE WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.
Alexander
AUCTIONS & REAL ESTATE SALES
MARVIN E. ALEXANDER CAI – LIC. 9, FL 107
239 University Street P. O. Box 129
MARTIN, TN 38237 (731) 587-4244
Email: [email protected]
SEE OUR WEBSITE: www.alexanderauctions.com
\\STORAGE\public\AUCTION\Terms\Kirkland, Winnie - 11-21-19 Terms.docx
EXHIBIT “A”