GENERAL AUCTION TERMS AND CONDITIONS
STEVE REDDIN POULTRY FARMS
ON-LINE ONLY AUCTION!
BIDDING ENDS THURSDAY –MARCH 10TH, 2022 AT 1 P.M.
BIDDERS MUST REGISTER WITH ALEXANDER AUCTIONS & REAL ESTATE SALES
AT WEBSITE (www.alexanderauctions.com)
BIDDERS SHOULD REVIEW ALL ONLINE TERMS PRIOR TO BIDDING!
1. ALEXANDER AUCTIONS AND REAL ESTATE SALES HAS BEEN COMMISSIONED BY STEVE REDDIN TO SELL THIS PROPERTY AT PUBLIC AUCTION.
2. REAL ESTATE CONSISTS OF 2 FARMS, 89.5 AC., AND IMPROVEMENTS IN OBION COUNTY, TENNESSEE
3. PROPERTIES ARE OFFERED IN 4 TRACTS. NO COMBINATIONS OF TRACTS WILL BE OFFERED.
4. FARM 1 – 49.5 +/- AC. OFFERED IN 2 TRACTS
ORIGINAL DEED REFERENCE: DEED BOOK 20 E PAGE 725-726
REGISTER’S OFFICE OBION COUNTY, TENN. 38261
PROPERTY TAXES: MAP 098 PARCEL 001.00
ASSESSOR’S OFFICE OBION COUNTY, TENN. 38261
2021 PROPERTY TAXES: $3,168.00
5. TRACT 1 – 29 +/- AC. 8 BROILER HOUSES AND OTHER IMPROVEMENTS
5A. A SMALL TRACT OF LAND WILL BE DIVIDED OFF THE NORTH EAST BOUNDARY OF THE ORIGINAL TRACT. SAID TRACT IS LOCATED NORTH OF A WOODED AREA IN FARM NUMBER 2 CONTAINING 40 +/- AC. SAID TRACT WILL RUN NORTH ALONG THE EAST SIDE OF THE GRAVEL ENTRANCE ROAD EXTENDING TO THE 8 BROILER HOUSES AND ALONG THE WEST SIDE OF THE BASE OF THE POND LEVEE ON THE WEST BOUNDARY LINE OF THE 40 +/- AC. FARM ON LOYCE LASTER ROAD.
6. TRACT 2 – 20.5 +/- AC. WEST OF TRACT 1
7. FARM 2 – 40 +/- AC. ON LOYCE LASTER ROAD AND PRUITT ROAD
ORIGINAL DEED REFERENCE: DEED BOOK 24K PAGES 25-26
REGISTER’S OFFICE OBION COUNTY, TENN. 38261
PROPERTY TAXES: MAP 098 PARCEL 002.00
ASSESSOR’S OFFICE OBION COUNTY, TENN. 38261
2021 PROPERTY TAXES: $304.00
8. TRACT 3 – 30.5 +/- AC. CROPLAND AND WOODS ON LOYCE LASTER ROAD AND PRUITT ROAD
9. TRACT 4 – 9.5 +/- AC. THE NORTHEAST CORNER, CROPLAND, AND WOODS
9A. THE EAST BOUNDARY LINE OF TRACT 4 EXTENDS TO PRUITT ROAD. THE SOUTHEAST CORNER AND A PORTION OF THE EAST BOUNDARY LINE DOES NOT EXTEND TO PRUITT ROAD AS PRUITT ROAD EXISTS NOW. THERE IS A SMALL AREA OF LAND BETWEEN THE WEST BOUNDARY OF PRUITT ROAD WHICH IS AN OLD ROADWAY AND MAY BELONG TO A TRACT EAST OF PRUITT ROAD DUE TO THE CURVE IN PRUITT ROAD.
9B. THE NORTH BOUNDARY LINE OF THIS TRACT WILL START IN THE CENTER OF PRUITT ROAD EAST OF A SET IRON TEA POST AND WILL RUN WEST THROUGH A WOODS AREA ALONG AND THROUGH SOME SMALL DRAINAGE DITCHES AND WATER WAYS TO A POINT IN THE CENTER OF A DEEP DRAINAGE DITCH IN THE EAST BOUNDARY LINE OF FARM 1, TRACT 1.
10. CONDITIONS OF SALE: PROPERTY IS BEING OFFERED IN AN ONLINE AUCTION.
11. BIDDER SHOULD REVIEW THESE TERMS, THE SALES & PURCHASE AGREEMENT (CONTRACT), AND OTHER EXHIBITS INCLUDED ONLINE AND IN THE DUE DILIGENCE REPORT.
12. BUYER’S PREMIUM: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID ON THE REAL ESTATE TO REACH THE TOTAL SALES PRICE AND TOTAL CONTRACT PRICE.
13. BIDDERS AND BUYERS MUST AGREE TO THESE AUCTION TERMS & CONDITIONS AND EXHIBITS INCLUDED WITH THE TERMS ONLINE BEFORE BIDDING. YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND EXHIBITS ARE APPROVED BY YOU REGISTERING FOR A BIDDER NUMBER.
14. PURCHASE AGREEMENT: AFTER THE CLOSE OF THE AUCTION, THE SUCCESSFUL BIDDER WILL BE EMAILED A SALES AND PURCHASE AGREEMENT/CONTRACT TO BE SIGNED AND RETURNED TO ALEXANDER AUCTIONS & REAL ESTATE SALES WITHIN 24 HOURS OF COMPLETION OF THE AUCTION, ALONG WITH THE REQUIRED EARNEST MONEY DEPOSIT.
15. EARNEST MONEY: THE SUCCESSFUL BIDDER IS REQUIRED TO MAKE AN EARNEST MONEY DEPOSIT OF 15% OF THE TOTAL SALES PRICE AND CONTRACT PRICE ON ANY TRACT OF REAL ESTATE, WITHIN 24 HOURS AFTER THE AUCTION CLOSES, WHEN THE PURCHASE AGREEMENT IS SIGNED. EARNEST MONEY IS NON-REFUNDABLE.
16. EARNEST MONEY PAYMENT: EARNEST MONEY PAYABLE BY CASH, WIRE TRANSFER, CASHIER’S CHECK OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTY MADE TO ALEXANDER AUCTIONS. SEE SAMPLE COPY OF BANK LETTER OF GUARANTY AT WEBSITE ONLINE. NO CREDIT CARD PAYMENTS AND NO LETTERS OF INTENT ACCEPTED FOR PAYMENT.
17. CASH OFFER: 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.
18. CLOSING DATE: BALANCE OF THE PURCHASE PRICE SHALL BE DUE ON OR BEFORE APRIL 25TH, 2022.
19. FAILURE TO CLOSE AND PAY THE BALANCE DUE AT CLOSING WILL REQUIRE BUYER TO FORFEIT THE EARNEST MONEY AND IS SUBJECT TO THE ALL THE TERMS STATED IN THESE TERMS & CONDITIONS AND THE PURCHASE AGREEMENT.
20. LIQUIDATED DAMAGES: SUCCESSFUL BIDDERS NOT EXECUTING AND RETURNING THEIR PURCHASE AGREEMENT ALONG WITH EARNEST MONEY DEPOSIT WITHIN FORTY-EIGHT (48) HOURS OF THE CONCLUSION OF THE AUCTION WILL BE CONSIDERED IN DEFAULT. IF YOUR CLOSING IS DELAYED FOR ANY REASON, BY YOU, AS PURCHASER, OR OTHER PARTIES WORKING ON YOUR BEHALF, INCLUDING ANY LENDER YOU INVOLVE, YOU MAY BE DECLARED IN BREACH OF THIS CONTRACT, FORFEIT ALL DEPOSITS MADE AND COULD ADDITIONALLY BE LIABLE FOR ANY AND ALL COST INCURRED BY SELLER AND ALEXANDER AUCTIONS AND REAL ESTATE SALES INCURRED IN A SUBSEQUENT RESALE OF THE PROPERTY. IF SUCH ACTION OCCURS, ALEXANDER AUCTIONS AND REAL ESTATE SALES HEREBY HAS THE RIGHT TO DISPERSE THE DEPOSIT AS STATED IN THE LISTING AGREEMENT AND THE BUYER HAS NO CLAIMS TO SUCH MONEY OR PROPERTY BEING SOLD. LIQUIDATED DAMAGES ARE TO COVER COST OF AUCTION, COST INCURRED BY SELLER, LABOR COST AND ADDITIONAL COST OF AUCTION AS NOT DEFINED IN THIS AGREEMENT. THESE LIQUIDATED DAMAGES DO NOT RESTRICT THE SELLER FROM SUING THE BUYER FOR PERFORMANCE DAMAGES AND/OR ANY ADDITIONAL DAMAGES THE SELLER SUFFERS BY THE DEFAULT OF THE BUYER.
21. COMPLIANCE WITH THE TERMS OF SALE: SUCCESSFUL BIDDER AND OR BUYER NOT EXECUTING AND RETURNING THE CONTRACT WITH EARNEST MONEY DEPOSIT WITHIN 24 HOURS OF THE CONCLUSION OF THE AUCTION WILL BE CONSIDERED IN DEFAULT. IN THE EVENT A WINNING BIDDER AND OR BUYER FAILS TO SUBMIT THE SIGNED PURCHASE AGREEMENT (CONTRACT) FOR SALE OF REAL ESTATE AND EARNEST MONEY DEPOSIT, THE WINNING BIDDER AND OR BUYER SHALL PAY TO ALEXANDER AUCTIONS ANY DAMAGES, AN AMOUNT EQUAL TO THE BUYER’S PREMIUM OR COMMISSION PERCENTAGE AS SET FORTH IN SAID CONTRACT, AND ANY AND ALL EXPENSES INCURRED BY THE SAID ALEXANDER AUCTIONS FOR SAID AUCTION. SHOULD BUYER’S EARNEST MONEY CHECK BE RETURNED FOR ANY REASON WHATSOEVER, THIS SHALL CONSTITUTE AN ITEM OF DEFAULT, AND IN ADDITION TO THE REMEDIES PREVIOUSLY STATED HEREINABOVE, BUYER SHALL ALSO PAY AN ADDITIONAL PENALTY OF FIVE PERCENT (5%) OF THE EARNEST MONEY CHECK TO ALEXANDER AUCTIONS. BUYER SHALL ALSO PAY A REASONABLE ATTORNEY’S FEE AND COSTS INCURRED IN THE COLLECTION OF THESE MONIES OWED BY BUYER AS A RESULT OF BUYER’S DEFAULT. BUYER SHALL ALSO PAY THE SELLER ANY DAMAGES CAUSED BY SAID BREACH OF CONTRACT, INCLUDING ATTORNEY’S FEES AND COSTS. THIS SHALL NOT PRECLUDE THE SELLER FROM SUING FOR SPECIFIC PERFORMANCE OF THE CONTRACT OF SALE, IN ADDITION TO SAID DAMAGES. IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE SELLER AND ALEXANDER AUCTIONS THAT IN THE EVENT THE BUYER SHOULD DEFAULT IN THE TERMS OF THIS CONTRACT IN ANY MANNER WHATSOEVER, THAT THE EARNEST MONEY, OR SUFFICIENT SUMS THEREFORE, SHALL BE PAID FIRST TO THE AGENT FOR THE BUYER’S PREMIUM OR COMMISSION PERCENTAGE, AND THE BALANCE, IF ANY, TO THE SELLER. ANY DISPUTES WILL BE TRIED IN A COURT OF JURISDICTION IN WEAKLEY COUNTY, TENNESSEE. ALEXANDER AUCTIONS RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER OR ANY OTHER BIDDER OR BUYER IN THE EVENT THE SUCCESSFUL HIGH BIDDER AND OR BUYER DOES NOT COMPLY WITH THE TERMS OF THE SALE. BY BIDDING ON THE PROPERTY, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH. THE CONTRACT IS REQUIRED TO BE FULLY AND CORRECTLY COMPLETED, WITHOUT ANY MODIFICATIONS AND PROPERLY SIGNED. A CONTRACT THAT IS INCOMPLETE, INCORRECT, OR MODIFIED IN ANY RESPECT, IS CONSIDERED TO BE IN DEFAULT.
22. COMMISSION: PURCHASER AGREES TO PAY A 10% PREMIUM OF THE BID PRICE UPON CLOSING, WHICH IS EQUAL TO THE AGREED UPON COMMISSION BETWEEN SELLER, AGENT AND PURCHASER. PURCHASER RECOGNIZES AND AGREES THAT THE 10% PREMIUM PAID AS COMMISSION IS THIS TRANSACTION DOES NOT CONSTITUTE PURCHASER REPRESENTATION.
23. POSSESSION OF PROPERTY WILL BE GIVEN AFTER THE CLOSING DATE, SUBJECT TO THE REMOVAL OF ANY PERSONAL PROPERTY.
24. PURCHASER RETAINS, 40 DAYS AFTER THE CLOSING DAY, THE RIGHT TO REMOVE HIS PERSONAL PROPERTY FROM TRACT 1.
25. PURCHASER RESERVES THE RIGHT TO HAVE A PERSONAL PROPERTY AUCTION ON SITE DURING THE 40 DAYS IF HE ELECTS TO DO SO.
26. TAXES: SELLER TO PAY THE 2021 TAXES AND ANY DELINQUENT TAXES.
27. PURCHASERS TO ASSUME THE 2022 TAXES. NO 2022 TAX PRORATIONS ON ANY TRACT.
28. GREENBELT TAXES: PURCHASER TO PAY ANY ROLL BACK TAXES THAT MAY BECOME DUE, DUE TO A PARCEL CONTAINING TOO FEW ACRES OR BECAUSE NEW BUYER ELECTS NOT TO ENROLL THE PROPERTY IN THE GREENBELT PROGRAM.
29. CLOSING DELAY: IF YOUR CLOSING IS DELAYED FOR ANY REASON, BY YOU, AS PURCHASER, OR OTHER PARTIES WORKING ON YOUR BEHALF, INCLUDING ANY LENDER YOU INVOLVE, YOU MAY BE DECLARED IN BREACH OF THIS CONTRACT, FORFEIT ALL DEPOSITS MADE AND COULD ADDITIONALLY BE LIABLE FOR ANY AND ALL COST INCURRED, IN A SUBSEQUENT RESALE OF THE PROPERTY, BY SELLER AND ALEXANDER AUCTIONS. IF SUCH ACTION OCCURS, ALEXANDER AUCTIONS HEREBY HAS THE RIGHT TO DISPERSE THE DEPOSIT AS STATED IN THE LISTING AGREEMENT AND THE BUYER HAS NO CLAIMS TO SUCH MONEY OR PROPERTY BEING SOLD. LIQUIDATED DAMAGES ARE TO COVER THE AUCTIONEER’S COMMISSION, COST OF AUCTION, COST INCURRED BY SELLER, LABOR COST AND ADDITIONAL COST OF AUCTION AS NOT DEFINED IN THIS AGREEMENT. THESE LIQUIDATED DAMAGES DO NOT RESTRICT THE SELLER FROM SUING THE BUYER FOR PERFORMANCE DAMAGES AND/OR ANY ADDITIONAL DAMAGES THE SELLER SUFFERS BY THE DEFAULT OF THE BUYER.
30. TITLE: DEED TRANSFER WILL BE BY WARRANTY DEED SIGNED BY THE SELLER.
31. INSPECTION: PROSPECTIVE PURCHASER(S) SHOULD INSPECT AND REVIEW THE PROPERTY TO BECOME FAMILIAR WITH THE PROPERTY BOUNDARY LINES AND THE PHYSICAL CONDITION OF THE IMPROVEMENTS AND COMPLETE THEIR OWN DUE DILIGENCE RESEARCH.
32. DEED DESCRIPTIONS: PROPERTY WILL BE SOLD ACCORDING TO THE LEGAL DESCRIPTIONS IN THE OWNER’S DEED SUBJECT TO THE DIVISION OF ANY TRACTS.
33. SURVEY: ORIGINAL DEEDS HAVE METES AND BOUNDS DESCRIPTION: NO INDIVIDUAL AUCTION TRACTS HAVE HAD THE DIVISIONAL LINES SURVEYED. AUCTION TRACT ACREAGES HAVE BEEN CALCULATED FROM THE ORIGINAL DESCRIPTIONS, FARM SERVICES MAPS AND TENNESSEE TAX MAPS.
34. DIVISIONAL LINES WILL BE LOCATED AS SHOWN ON THE AERIAL MAPS SUBJECT TO THE ORIGINAL LINE CHANGE BETWEEN TRACT 1 AND TRACT 2. THESE LINES WILL BE TIED TO MAP FEATURES AND DIRECTIONS ARE DESCRIBED AS CLOSE.
35. IN THE EVENT FARM 1 TRACTS 1 AND 2 AND/OR FARM 2 TRACTS 3 AND 4 SELL AND DIVIDE INTO SEPARATE TRACTS A NEW SURVEY WILL BE REQUIRED. THE SURVEY DESCRIPTIONS WILL BE COMPLETED ALONG OR VERY NEAR THE POSTED BOUNDARIES. THE SURVEYOR WILL CALCULATE THE ACTUAL ACREAGE FOR THE NEW BOUNDARIES.
36. IN THE EVENT, EITHER FARM 1 TRACTS 1 AND 2 AND/OR FARM 2 TRACTS 3 AND 4 SELL TO THE SAME BUYER, NO SURVEY WILL BE REQUIRED. PROPERTY WILL BE DEEDED USING THE SELLERS CURRENT DEED DESCRIPTIONS. NO ADJUSTMENTS WILL BE MADE TO THE SALES PRICE.
37. SURVEY TIME EXTENSION: IN THE EVENT ANY SURVEY REQUIRED CANNOT BE COMPLETED WITHIN TIME FOR THE APRIL 25TH, 2022 CLOSING DATE, THIS PURCHASE AND SALES AGREEMENT SHALL AUTOMATICALLY EXTEND UNTIL 15 DAYS AFTER THE PURCHASER HAS BEEN GIVEN NOTIFICATION THE SURVEY IS COMPLETE AND A COPY OF THE SURVEYED PLAT IS PROVIDED TO THE PURCHASER SHOWING THE ACTUAL NUMBER OF ACRES IN THE TRACT.
38. ACREAGE VARIANCE: THE SALES PRICE AND PURCHASE AND SALES AGREEMENT PRICE OF ANY TRACTS WHICH REQUIRE A SURVEY WILL BE ADJUSTED UP OR DOWN PROVIDED THE ACTUAL SURVEY SHOWS A VARIANCE OF 1.6 ACRES OR MORE. THE SALES PRICE ADJUSTMENT WILL BE CALCULATED ON A PER ACRE BASIS ACCORDING TO THE SALES PRICE PER ACRE AS SHOWN IN THE PURCHASE & SALES AGREEMENT, EXCEPT FOR TRACT 1 WHICH CONTAINS IMPROVEMENTS.
39. ACREAGE ADJUSTMENT: TRACT 1, WITH IMPROVEMENTS AND TRACT 2 ADJUSTMENTS WILL BE CALCULATED USING THE SALES PRICE AND CONTRACT PRICE PER ACRE OF TRACT 2 OR SHOWN IN THE PURCHASE OR SALES AGREEMENT.
40. ACREAGE VARIANCE ADJUSTMENTS: NO SALES PRICE ADJUSTMENT WILL BE MADE ON ANY TRACT THAT VARIES LESS THAN 1.6 ACRES
41. SURVEY COST: ANY SURVEY COST WILL BE PAID 50% BY EACH BUYER OF A TRACT OR THE ACTUAL TRACT AMOUNT THE SURVEYOR CHARGES PER TRACT.
42. AGENCY DISCLOSURE: ALEXANDER AUCTIONS AND REAL ESTATE SALES AND ALL AGENTS WORKING AT THIS AUCTION ARE ACTING AS AN AGENT FOR THE SELLER.
43. BIDDING: NO ONE SHOULD MAKE A BID THAT HE/SHE DOES NOT WANT TO HONOR OR IS NOT FINANCIALLY ABLE TO HONOR.
44. CONTINGENCIES: NO PURCHASE IS CONTINGENT ON FINANCING, APPRAISALS, PROPERTY INSPECTIONS OR ANY OTHER CONTINGENCIES.
45. DUE DILIGENCE: 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 COMPLETE THEIR OWN DUE DILIGENCE SURVEY, RESEARCH, INSPECTION, CHECKING AND BID ACCORDING TO THEIR DUE DILIGENT SURVEY AND RESEARCH.
46. EASEMENTS: PROPERTY SELLS SUBJECT TO EXISTING EASEMENTS AND SUBJECT TO ANY RECORDED EASEMENTS.
47. RESTRICTIONS: REAL ESTATE SELLS SUBJECT TO ANY AND ALL EXISTING MATTER OF RECORDS, EASEMENTS, CITY, COUNTY AND STATE, BUILDING, USE OR ZONING LAWS AND RESTRICTIONS.
48. ENVIRONMENTAL ASSESSMENTS: SELLERS HAVE NOT REQUESTED NOR HAD ANY ENVIRONMENTAL ASSESSMENTS RUN ON THIS PROPERTY.
49. ENVIRONMENTAL DISCLOSURE: AUCTIONEER AND BROKER AND SELLERS ARE NOT EXPERT IN DETERMINING ENVIRONMENTAL HAZARDS AND HAZARDOUS MATERIAL. BUYERS ACCEPT THESE IMPROVEMENTS AND LAND IN ITS PRESENT CONDITION. BUYER AGREES TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES, THE BROKER, AUCTIONEER AND THE SELLERS FROM ANY ENVIRONMENTAL HAZARDS AND FROM ANY CLAIMS IN CONNECTION WITH ENVIRONMENTAL HAZARDS.
50. SOIL EVALUATION: THE OWNERS, SELLERS AND SALES MANAGEMENT HAVE NOT HAD OR REQUESTED ANY PERK TEST OR SOIL CLASSIFICATION INSPECTIONS TO BE COMPLETED BY THE GROUND WATER PROTECTION AGENCY OR ANY SOIL SCIENTIST TO DETERMINE THE APPROVAL OR REQUIREMENTS FOR SEPTIC TANKS OR SEPTIC LINES FOR ANY OF THE TRACTS.
51. GROUND WATER PROTECTION AUTHORITY: PURCHASER(S) SHALL BE RESPONSIBLE FOR CONTACTING THE OBION COUNTY GROUND WATER PROTECTION AGENCY AND/OR AN APPROVED TENNESSEE SOIL SCIENTIST TO OBTAIN A SOIL ANALYSIS AND APPROVAL FOR A SEPTIC SYSTEM. ALEXANDER AUCTIONS AND THE SELLERS MAKE NO WARRANTY OR GUARANTY AS TO SOIL TYPES AND SOIL APPROVAL FOR A SEPTIC/SEWAGE SYSTEM.
52. SEPTIC SYSTEMS: ALEXANDER AUCTIONS AND THE SELLER HAVE NO KNOWLEDGE ABOUT THE EXISTENCE OR NON-EXISTENCE OF A SEPTIC SYSTEM ON ANY TRACT. ALEXANDER HAS BEEN INFORMED THAT TRACT 3, PREVIOUSLY HAD A MODULAR RESIDENCE LOCATED ON TRACT 3 WITH WELL, ELECTRIC SERVICE POLE, AND SEPTIC TANK. ALEXANDER AND SELLER HAVE NO KNOWLEDGE OF THE CONDITION OF WELL AND SEPTIC SYSTEM ON TRACTS.
53. “AS IS”: 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.
54. INSPECTION OPPORTUNITY: PURCHASER AND PURCHASER’S REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO INSPECT THIS PROPERTY AND AGREE ALL BIDS ARE MADE SUBJECT TO THEIR INSPECTIONS AND DUE DILIGENCE RESULTS AND PURCHASE SAID PROPERTY AS A RESULT OF THEIR INSPECTION.
55. WARRANTIES OR REPRESENTATION: ALEXANDER AUCTIONS AND SELLER 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.
56. AUCTIONEER’S DISCRETION: ALEXANDER AUCTIONS HAS FULL DISCRETION TO MODIFY DATE AND TIME, ORDER AND DETAILS OF THE AUCTION FOR ANY REASON OR NO REASON AT ALL, INCLUDING BUT NOT LIMITED TO TECHNICAL ISSUES, EMERGENCIES AND CONVENIENCE OF ALEXANDER AUCTIONS RESERVES THE RIGHT TO MODIFY, CHANGE OR REMOVE USER NAMES AT ANY TIME.
57. TIME EXTENSION: ALEXANDER ONLINE AUCTIONS HAVE AN AUTO-EXTEND BIDDING FEATURE.
58. TIME INCREASE OR DECREASE: ALEXANDER AUCTIONS MAY INCREASE OR DECREASE THE EXTENDED BIDDING TIME AMOUNT AT ANY TIME DURING THE AUCTION UNTIL THE CLOSE OF BIDDING.
59. EXTEND ALL FEATURE: ALEXANDER’S AUCTIONS ARE TIMED EVENTS AND ALL BIDDING WILL CLOSE AT A SPECIFIC TIME. ALEXANDER AUCTIONS ALSO HAVE AN AUTO-EXTEND FEATURE. WHEN ANY BID IS PLACED IN THE FINAL FIVE MINUTES OF AN AUCTION, THE AUCTION ENDING WILL BE AUTOMATICALLY EXTENDED FIVE (5) MINUTES FROM THE CLOSING TIME. EXAMPLE: IF AN AUCTION SCHEDULED TO CLOSE AT 12:00 NOON RECEIVES A BID AT 11:56 THE CLOSE TIME WILL AUTOMATICALLY EXTEND TO 12:05. THE AUTO-EXTEND FEATURE REMAINS ACTIVE UNTIL NO FURTHER BIDS ARE RECEIVED WITHIN A FIVE (5) MINUTE TIME FRAME ON THE REAL ESTATE OR A PERSONAL PROPERTY LOT
60. EXTENDED BIDDING: THIS AUCTION HAS AN EXTEND-ALL FEATURE BIDDING. ANY TIME ANY TRACT OF REAL ESTATE OR PERSONAL PROPERTY LOT IS BID ON WITHIN THE LAST 5 MINUTES, ALL TRACTS AND PERSONAL PROPERTY LOTS EXTEND 5 MINUTES MORE. ALL REAL ESTATE AND PERSONAL PROPERTY LOTS WILL CLOSE SIMULTANEOUSLY AT THE SAME TIME, WHEN NO BIDS ARE PLACED WITHIN THE LAST FIVE MINUTES.
61. BID CLOSING: ALL TRACTS AND LOTS WILL CLOSE AT THE SAME TIME. NO TRACTS OR LOTS WILL BE COMBINED.
62. REFRESH BIDDING: REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE BIDDING OR ENABLE THE “AUTO-REFRESH” FEATURE.
63. SERVER & SOFTWARE TECHNICAL ISSUES: IN THE EVENT THAT THERE ARE TECHNICAL DIFFICULTIES RELATED TO THE SERVER, SOFTWARE OR ANY OTHER ONLINE AUCTION RELATED TECHNOLOGY, ALEXANDER AUCTIONS RESERVES THE RIGHT TO EXTEND BIDDING, CONTINUE THE BIDDING, CLOSE THE BIDDING OR INCREASE OR DECREASE THE EXTENDED AMOUNT OF TIME AT THE END OF THE AUCTION. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR ALEXANDER AUCTIONS WILL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
64. BIDDING INCREMENTS: ALEXANDER AUCTIONS MAY HAVE DIFFERENT BIDDING INCREMENTS. THE BIDDING SOFTWARE WILL CALCULATE THE NEXT BID AMOUNT BEFORE YOU SUBMIT THE BID. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BIDDING INCREMENTS AT ANY TIME.
65. BIDDING INCREMENTS: ALEXANDER AUCTIONS MAY HAVE DIFFERENT BIDDING INCREMENTS. THE BIDDING SOFTWARE WILL CALCULATE THE NEXT BID AMOUNT BEFORE YOU SUBMIT THE BID. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BIDDING INCREMENTS AT ANY TIME.
66. AGENCY: ALEXANDER AUCTIONS AGENTS AND REPRESENTATIVES ARE AGENTS FOR THE SELLER. BUYER AND OR BIDDER AGREES TO HOLD HARMLESS AND INDEMNIFY ALEXANDER AUCTIONS AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DAMAGES OR SUITS INCLUDING BUT NOT LIMITED TO AWARDS, JUDGMENTS, COSTS, FEES, ETC.
67. BACK-UP BIDS: IF YOU ARE NOT THE SUCCESSFUL BIDDER ON THE REAL ESTATE OR A PERSONAL PROPERTY LOT AND WISH TO MAKE A BACK-UP BID IN CASE OF DEFAULT BY THE HIGH BIDDER, PLEASE CONTACT ALEXANDER AUCTIONS TO RECEIVE A BACK-UP BIDDER FORM. EMAIL NOTIFICATION MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY THE AUCTION COMPANY.
68. OFF-SITE BIDDING: BIDDERS WHO BID OFF-SITE AND DO NOT MAKE AN INSPECTION UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY NOT BE ABLE TO INSPECT THE PROPERTY 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.
69. BIDDING APPROVAL: ALEXANDER AUCTIONS RESERVES THE RIGHT TO REMOVE OR CANCEL THE BIDS AND OR BIDDING RIGHTS AND PRIVILEGES OF ANY PARTY AT ANY TIME DEEMED NOT TO BE IN THE BEST INTEREST OF THE SELLER. THE IDENTITY OF ALL BIDDERS WILL BE VERIFIED, BIDDING RIGHTS ARE PROVISIONAL AND IF COMPLETE VERIFICATION IS NOT POSSIBLE, ALEXANDER AUCTIONS WILL REJECT THE REGISTRATION, AND BIDDING ACTIVITY WILL BE TERMINATED.
70. AUCTION CANCELLATION – BID REJECTION: ALEXANDER AUCTIONS RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS FOR ANY REASON. ALEXANDER AUCTIONS RESERVES THE RIGHT TO CANCEL THIS AUCTION, OR REMOVE ANY ITEM OR LOT FROM THIS AUCTION PRIOR TO THE CLOSE OF BIDDING EVEN IF A BID HAS BEEN PLACED, IN THE EVENT OF AN INTERNET FAILURE OR IF THE BIDDING PLATFORM FAILS OR CRASHES.
71. ACCEPTANCE OF BID PRICES: THE AUCTIONEER SHALL MAKE THE SOLE AND FINAL DECISION AS TO THE WINNING HIGH BID AMOUNT. ACCEPTANCE BY THE ONLINE BIDDING PLATFORM DOES NOT NECESSARILY CONSTITUTE AN ACCEPTED BID BY THE AUCTIONEER. SUCCESSFUL BIDDER AND OR BUYER(S) WILL BE REQUIRED TO ENTER INTO A PURCHASE AGREEMENT CONTRACT IMMEDIATELY FOLLOWING THE CLOSE OF THE AUCTION. ALEXANDER AUCTIONS WILL EMAIL DOCUMENTS TO BE EXECUTED AND FAX OR EMAIL BACK TO ALEXANDER AUCTIONS WITHIN 24 HOURS OF THE END OF THE AUCTION. SUCCESSFUL BIDDER AND OR BUYER(S) NOT EXECUTING AND RETURNING CONTRACTS WITH EARNEST MONEY DEPOSIT WITHIN 24 HOURS WILL BE CONSIDERED IN DEFAULT. ALEXANDER AUCTIONS RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER OR ANOTHER BIDDER AND OR BUYER IF THE WINNING BIDDER AND OR BUYER IS IN DEFAULT OF THESE TERMS. WINNING BIDDER AND OR BUYER MUST EXECUTE THE CONTRACT WITH NO CHANGES, MODIFICATION, ADDITIONS OR DELETION.
72. ALEXANDER AUCTIONS INVOLVEMENT IN THIS CONTRACT: BOTH THE SELLER AND BUYER HEREBY AGREE THAT ALEXANDER AUCTIONS & REAL ESTATE SALES IS THE PROCURING CAUSE OF THE SALE CONTRACT AND SHALL RECEIVE COMPENSATION AS STATED IN THE AGREEMENT HERETO OR AS STATED IN THE LISTING AGREEMENT HEREBY MADE A PART OF.
73. NO WARRANTY: PREREQUISITE TO BIDDING IS THAT THE REAL ESTATE AND PERSONAL PROPERTY IS PURCHASED ABSOLUTELY “AS IS” WITH NO WARRANTY WHATSOEVER AS TO THE CONDITION OF THE SAME.
74. CLOSING REQUIREMENTS: PURCHASERS SHOULD CONTACT THEIR ATTORNEY OR TITLE COMPANY TO COMPLETE THEIR TITLE OPINION IMMEDIATELY. CONTRACT DOES NOT PROVIDE FOR AN EXTENSION DUE TO AN ATTORNEY OR TITLE COMPANY FAILING TO COMPLETE TITLE WORK OR YOUR LOAN CLOSING NOT BEING SET UP TO CLOSE ON OR BEFORE APRIL 25TH, 2022.
75. RISK OF LOSS: ANY RISK OF LOSS TO THE PROPERTY SHALL BE BORNE BY SELLER UNTIL DEED HAS BEEN CONVEYED TO THE PURCHASER.
76. TERMINOLOGY: AS THE CONTEXT MAY REQUIRE IN THESE TERMS (1) THE SINGULAR SHALL MEAN THE PLURAL AND VICE VERSA; (2) ALL PRONOUNS SHALL MEAN AND INCLUDE THE PERSON, ENTITY, FIRM OR CORPORATION TO WHICH THEY RELATE.
77. ADDITIONAL AUCTION INFORMATION: ALL INFORMATION PUBLISHED, ANNOUNCED OR CONTAINED HEREIN WAS DERIVED FROM SOURCES BELIEVED TO BE CORRECT; HOWEVER, IT IS NOT GUARANTEED BY THE SELLER OR THE AUCTIONEER. PERSONAL ON-SITE INSPECTION OF ALL PROPERTY IS RECOMMENDED. THE FAILURE OF ANY BIDDER TO INSPECT, OR TO BE FULLY INFORMED AS TO THE CONDITION OF THE PROPERTY, WILL NOT CONSTITUTE GROUNDS FOR ANY CLAIM OR DEMAND FOR ADJUSTMENT OR WITHDRAWAL OF BID, OFFER OR DEPOSIT MONEY AFTER ITS OPENING TENDER. THIS INCLUDES BUT IS NOT LIMITED TO PUBLIC INFORMATION SUCH AS EASEMENTS, RESTRICTIONS, ZONING, RIGHTS-OF-WAY, OR ANY OTHER INFORMATION THAT CAN BE OBTAINED AS PUBLIC RECORD IN THE APPROPRIATE COUNTY COURTHOUSE CONCERNING SUBJECT PROPERTIES.
78. INTERNET BIDDING: INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION ENDS. EMAIL NOTIFICATIONS MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY ALEXANDER AUCTIONS.
79. IF YOU HAVE ANY PROBLEMS WITH THE WEBSITE, CALL MARKNET CUSTOMER SERVICE AT 1-888-307-6545 AND/OR ALEXANDER AUCTIONS AT (731) 587-4244.
80. HEALTH RISK: I UNDERSTAND THE RISK ASSOCIATED WITH BEING OUTSIDE OF MY HOME AND THE PROXIMITY OF OTHERS DURING THE COVID-19 VIRUS PANDEMIC. I UNDERSTAND THE COVID-19 VIRUS IS HIGHLY INFECTIOUS AND CONTAGIOUS. I ACKNOWLEDGE THE ACTIVITIES TO WHICH THIS RELEASE APPLIES CAN BE DANGEROUS, I AM ACCEPTING THOSE RISKS FOR MYSELF AND FOR ANY PARTICIPANTS WHO MAY BE IN MY CARE. I ACKNOWLEDGE RECEIPT OF THE COVID-19 SAFE PRACTICES SHEET DETAILED AT ALEXANDER AUCTIONS & REAL ESTATE SALES WEBSITE. I FURTHER ACKNOWLEDGE THAT I AM FAMILIAR WITH LOCAL, STATE AND FEDERAL GUIDELINES AND EXECUTIVE ORDERS RELATED TO THE COVID-19 VIRUS AND SOCIAL DISTANCING. I AM PARTICIPATING AT THE AUCTION OF MY OWN FREE WILL.
81. LIABILITY WAIVER AND RELEASE: BY AGREEING TO THESE TERMS AND BIDDING ON THIS AUCTION, YOU VOLUNTARILY RELEASE, INDEMNIFY, DEFEND AND HOLD ALEXANDER AUCTIONS & REAL ESTATE SALES AND SELLER, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES (EACH A “RELEASED PARTY”) FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, CAUSES OF ACTION OR EXPENSE OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM A RELEASED PARTY’S NEGLIGENT ACT OR OMISSION, ARISING OUT OF MY PARTICIPATION IN AND PRESENCE WHETHER RELATED TO BODILY INJURY, INFECTION DUE TO COVID-19 VIRUS, PROPERTY DAMAGE, OR ANY OTHER FORM OF INJURY OR LOSS IN REGARD TO INSPECTION DAYS AND PAYMENT AND REMOVAL DAYS OF MY PHYSICAL ITEMS PURCHASED AT THE DYERSBURG ELEVATOR COMPANY AUCTION.
82. AUCTION NOTIFICATION: PROPERTY IS BEING SOLD SUBJECT TO THESE TERMS AND CONDITIONS AND EXHIBITS AND ATTACHMENTS WHICH WILL BE ATTACHED TO THE PURCHASE AND SALE AGREEMENT (CONTRACT) FOR FUTURE REFERENCE.
83. ACCEPTANCE: ALL BIDDERS AGREE AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BID ACCORDING TO THESE TERMS BY REGISTERING FOR A BID NUMBER.
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, Auctioneer – TL9
239 University St., Martin, TN 38237
Office: (731) 587-4244 * Cell: (731) 225-7368
Email: [email protected]
STEVE REDDIN POULTRY FARMS
ON-LINE ONLY AUCTION!
BIDDING ENDS THURSDAY –MARCH 10TH, 2022 AT 1 P.M.
BIDDERS MUST REGISTER WITH ALEXANDER AUCTIONS & REAL ESTATE SALES
AT WEBSITE (www.alexanderauctions.com)
BIDDERS SHOULD REVIEW ALL ONLINE TERMS PRIOR TO BIDDING!
1. ALEXANDER AUCTIONS AND REAL ESTATE SALES HAS BEEN COMMISSIONED BY STEVE REDDIN TO SELL THIS PROPERTY AT PUBLIC AUCTION.
2. REAL ESTATE CONSISTS OF 2 FARMS, 89.5 AC., AND IMPROVEMENTS IN OBION COUNTY, TENNESSEE
3. PROPERTIES ARE OFFERED IN 4 TRACTS. NO COMBINATIONS OF TRACTS WILL BE OFFERED.
4. FARM 1 – 49.5 +/- AC. OFFERED IN 2 TRACTS
ORIGINAL DEED REFERENCE: DEED BOOK 20 E PAGE 725-726
REGISTER’S OFFICE OBION COUNTY, TENN. 38261
PROPERTY TAXES: MAP 098 PARCEL 001.00
ASSESSOR’S OFFICE OBION COUNTY, TENN. 38261
2021 PROPERTY TAXES: $3,168.00
5. TRACT 1 – 29 +/- AC. 8 BROILER HOUSES AND OTHER IMPROVEMENTS
5A. A SMALL TRACT OF LAND WILL BE DIVIDED OFF THE NORTH EAST BOUNDARY OF THE ORIGINAL TRACT. SAID TRACT IS LOCATED NORTH OF A WOODED AREA IN FARM NUMBER 2 CONTAINING 40 +/- AC. SAID TRACT WILL RUN NORTH ALONG THE EAST SIDE OF THE GRAVEL ENTRANCE ROAD EXTENDING TO THE 8 BROILER HOUSES AND ALONG THE WEST SIDE OF THE BASE OF THE POND LEVEE ON THE WEST BOUNDARY LINE OF THE 40 +/- AC. FARM ON LOYCE LASTER ROAD.
6. TRACT 2 – 20.5 +/- AC. WEST OF TRACT 1
7. FARM 2 – 40 +/- AC. ON LOYCE LASTER ROAD AND PRUITT ROAD
ORIGINAL DEED REFERENCE: DEED BOOK 24K PAGES 25-26
REGISTER’S OFFICE OBION COUNTY, TENN. 38261
PROPERTY TAXES: MAP 098 PARCEL 002.00
ASSESSOR’S OFFICE OBION COUNTY, TENN. 38261
2021 PROPERTY TAXES: $304.00
8. TRACT 3 – 30.5 +/- AC. CROPLAND AND WOODS ON LOYCE LASTER ROAD AND PRUITT ROAD
9. TRACT 4 – 9.5 +/- AC. THE NORTHEAST CORNER, CROPLAND, AND WOODS
9A. THE EAST BOUNDARY LINE OF TRACT 4 EXTENDS TO PRUITT ROAD. THE SOUTHEAST CORNER AND A PORTION OF THE EAST BOUNDARY LINE DOES NOT EXTEND TO PRUITT ROAD AS PRUITT ROAD EXISTS NOW. THERE IS A SMALL AREA OF LAND BETWEEN THE WEST BOUNDARY OF PRUITT ROAD WHICH IS AN OLD ROADWAY AND MAY BELONG TO A TRACT EAST OF PRUITT ROAD DUE TO THE CURVE IN PRUITT ROAD.
9B. THE NORTH BOUNDARY LINE OF THIS TRACT WILL START IN THE CENTER OF PRUITT ROAD EAST OF A SET IRON TEA POST AND WILL RUN WEST THROUGH A WOODS AREA ALONG AND THROUGH SOME SMALL DRAINAGE DITCHES AND WATER WAYS TO A POINT IN THE CENTER OF A DEEP DRAINAGE DITCH IN THE EAST BOUNDARY LINE OF FARM 1, TRACT 1.
10. CONDITIONS OF SALE: PROPERTY IS BEING OFFERED IN AN ONLINE AUCTION.
11. BIDDER SHOULD REVIEW THESE TERMS, THE SALES & PURCHASE AGREEMENT (CONTRACT), AND OTHER EXHIBITS INCLUDED ONLINE AND IN THE DUE DILIGENCE REPORT.
12. BUYER’S PREMIUM: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID ON THE REAL ESTATE TO REACH THE TOTAL SALES PRICE AND TOTAL CONTRACT PRICE.
13. BIDDERS AND BUYERS MUST AGREE TO THESE AUCTION TERMS & CONDITIONS AND EXHIBITS INCLUDED WITH THE TERMS ONLINE BEFORE BIDDING. YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS AND EXHIBITS ARE APPROVED BY YOU REGISTERING FOR A BIDDER NUMBER.
14. PURCHASE AGREEMENT: AFTER THE CLOSE OF THE AUCTION, THE SUCCESSFUL BIDDER WILL BE EMAILED A SALES AND PURCHASE AGREEMENT/CONTRACT TO BE SIGNED AND RETURNED TO ALEXANDER AUCTIONS & REAL ESTATE SALES WITHIN 24 HOURS OF COMPLETION OF THE AUCTION, ALONG WITH THE REQUIRED EARNEST MONEY DEPOSIT.
15. EARNEST MONEY: THE SUCCESSFUL BIDDER IS REQUIRED TO MAKE AN EARNEST MONEY DEPOSIT OF 15% OF THE TOTAL SALES PRICE AND CONTRACT PRICE ON ANY TRACT OF REAL ESTATE, WITHIN 24 HOURS AFTER THE AUCTION CLOSES, WHEN THE PURCHASE AGREEMENT IS SIGNED. EARNEST MONEY IS NON-REFUNDABLE.
16. EARNEST MONEY PAYMENT: EARNEST MONEY PAYABLE BY CASH, WIRE TRANSFER, CASHIER’S CHECK OR PERSONAL CHECK WITH CURRENT BANK LETTER OF GUARANTY MADE TO ALEXANDER AUCTIONS. SEE SAMPLE COPY OF BANK LETTER OF GUARANTY AT WEBSITE ONLINE. NO CREDIT CARD PAYMENTS AND NO LETTERS OF INTENT ACCEPTED FOR PAYMENT.
17. CASH OFFER: 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.
18. CLOSING DATE: BALANCE OF THE PURCHASE PRICE SHALL BE DUE ON OR BEFORE APRIL 25TH, 2022.
19. FAILURE TO CLOSE AND PAY THE BALANCE DUE AT CLOSING WILL REQUIRE BUYER TO FORFEIT THE EARNEST MONEY AND IS SUBJECT TO THE ALL THE TERMS STATED IN THESE TERMS & CONDITIONS AND THE PURCHASE AGREEMENT.
20. LIQUIDATED DAMAGES: SUCCESSFUL BIDDERS NOT EXECUTING AND RETURNING THEIR PURCHASE AGREEMENT ALONG WITH EARNEST MONEY DEPOSIT WITHIN FORTY-EIGHT (48) HOURS OF THE CONCLUSION OF THE AUCTION WILL BE CONSIDERED IN DEFAULT. IF YOUR CLOSING IS DELAYED FOR ANY REASON, BY YOU, AS PURCHASER, OR OTHER PARTIES WORKING ON YOUR BEHALF, INCLUDING ANY LENDER YOU INVOLVE, YOU MAY BE DECLARED IN BREACH OF THIS CONTRACT, FORFEIT ALL DEPOSITS MADE AND COULD ADDITIONALLY BE LIABLE FOR ANY AND ALL COST INCURRED BY SELLER AND ALEXANDER AUCTIONS AND REAL ESTATE SALES INCURRED IN A SUBSEQUENT RESALE OF THE PROPERTY. IF SUCH ACTION OCCURS, ALEXANDER AUCTIONS AND REAL ESTATE SALES HEREBY HAS THE RIGHT TO DISPERSE THE DEPOSIT AS STATED IN THE LISTING AGREEMENT AND THE BUYER HAS NO CLAIMS TO SUCH MONEY OR PROPERTY BEING SOLD. LIQUIDATED DAMAGES ARE TO COVER COST OF AUCTION, COST INCURRED BY SELLER, LABOR COST AND ADDITIONAL COST OF AUCTION AS NOT DEFINED IN THIS AGREEMENT. THESE LIQUIDATED DAMAGES DO NOT RESTRICT THE SELLER FROM SUING THE BUYER FOR PERFORMANCE DAMAGES AND/OR ANY ADDITIONAL DAMAGES THE SELLER SUFFERS BY THE DEFAULT OF THE BUYER.
21. COMPLIANCE WITH THE TERMS OF SALE: SUCCESSFUL BIDDER AND OR BUYER NOT EXECUTING AND RETURNING THE CONTRACT WITH EARNEST MONEY DEPOSIT WITHIN 24 HOURS OF THE CONCLUSION OF THE AUCTION WILL BE CONSIDERED IN DEFAULT. IN THE EVENT A WINNING BIDDER AND OR BUYER FAILS TO SUBMIT THE SIGNED PURCHASE AGREEMENT (CONTRACT) FOR SALE OF REAL ESTATE AND EARNEST MONEY DEPOSIT, THE WINNING BIDDER AND OR BUYER SHALL PAY TO ALEXANDER AUCTIONS ANY DAMAGES, AN AMOUNT EQUAL TO THE BUYER’S PREMIUM OR COMMISSION PERCENTAGE AS SET FORTH IN SAID CONTRACT, AND ANY AND ALL EXPENSES INCURRED BY THE SAID ALEXANDER AUCTIONS FOR SAID AUCTION. SHOULD BUYER’S EARNEST MONEY CHECK BE RETURNED FOR ANY REASON WHATSOEVER, THIS SHALL CONSTITUTE AN ITEM OF DEFAULT, AND IN ADDITION TO THE REMEDIES PREVIOUSLY STATED HEREINABOVE, BUYER SHALL ALSO PAY AN ADDITIONAL PENALTY OF FIVE PERCENT (5%) OF THE EARNEST MONEY CHECK TO ALEXANDER AUCTIONS. BUYER SHALL ALSO PAY A REASONABLE ATTORNEY’S FEE AND COSTS INCURRED IN THE COLLECTION OF THESE MONIES OWED BY BUYER AS A RESULT OF BUYER’S DEFAULT. BUYER SHALL ALSO PAY THE SELLER ANY DAMAGES CAUSED BY SAID BREACH OF CONTRACT, INCLUDING ATTORNEY’S FEES AND COSTS. THIS SHALL NOT PRECLUDE THE SELLER FROM SUING FOR SPECIFIC PERFORMANCE OF THE CONTRACT OF SALE, IN ADDITION TO SAID DAMAGES. IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE SELLER AND ALEXANDER AUCTIONS THAT IN THE EVENT THE BUYER SHOULD DEFAULT IN THE TERMS OF THIS CONTRACT IN ANY MANNER WHATSOEVER, THAT THE EARNEST MONEY, OR SUFFICIENT SUMS THEREFORE, SHALL BE PAID FIRST TO THE AGENT FOR THE BUYER’S PREMIUM OR COMMISSION PERCENTAGE, AND THE BALANCE, IF ANY, TO THE SELLER. ANY DISPUTES WILL BE TRIED IN A COURT OF JURISDICTION IN WEAKLEY COUNTY, TENNESSEE. ALEXANDER AUCTIONS RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER OR ANY OTHER BIDDER OR BUYER IN THE EVENT THE SUCCESSFUL HIGH BIDDER AND OR BUYER DOES NOT COMPLY WITH THE TERMS OF THE SALE. BY BIDDING ON THE PROPERTY, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH. THE CONTRACT IS REQUIRED TO BE FULLY AND CORRECTLY COMPLETED, WITHOUT ANY MODIFICATIONS AND PROPERLY SIGNED. A CONTRACT THAT IS INCOMPLETE, INCORRECT, OR MODIFIED IN ANY RESPECT, IS CONSIDERED TO BE IN DEFAULT.
22. COMMISSION: PURCHASER AGREES TO PAY A 10% PREMIUM OF THE BID PRICE UPON CLOSING, WHICH IS EQUAL TO THE AGREED UPON COMMISSION BETWEEN SELLER, AGENT AND PURCHASER. PURCHASER RECOGNIZES AND AGREES THAT THE 10% PREMIUM PAID AS COMMISSION IS THIS TRANSACTION DOES NOT CONSTITUTE PURCHASER REPRESENTATION.
23. POSSESSION OF PROPERTY WILL BE GIVEN AFTER THE CLOSING DATE, SUBJECT TO THE REMOVAL OF ANY PERSONAL PROPERTY.
24. PURCHASER RETAINS, 40 DAYS AFTER THE CLOSING DAY, THE RIGHT TO REMOVE HIS PERSONAL PROPERTY FROM TRACT 1.
25. PURCHASER RESERVES THE RIGHT TO HAVE A PERSONAL PROPERTY AUCTION ON SITE DURING THE 40 DAYS IF HE ELECTS TO DO SO.
26. TAXES: SELLER TO PAY THE 2021 TAXES AND ANY DELINQUENT TAXES.
27. PURCHASERS TO ASSUME THE 2022 TAXES. NO 2022 TAX PRORATIONS ON ANY TRACT.
28. GREENBELT TAXES: PURCHASER TO PAY ANY ROLL BACK TAXES THAT MAY BECOME DUE, DUE TO A PARCEL CONTAINING TOO FEW ACRES OR BECAUSE NEW BUYER ELECTS NOT TO ENROLL THE PROPERTY IN THE GREENBELT PROGRAM.
29. CLOSING DELAY: IF YOUR CLOSING IS DELAYED FOR ANY REASON, BY YOU, AS PURCHASER, OR OTHER PARTIES WORKING ON YOUR BEHALF, INCLUDING ANY LENDER YOU INVOLVE, YOU MAY BE DECLARED IN BREACH OF THIS CONTRACT, FORFEIT ALL DEPOSITS MADE AND COULD ADDITIONALLY BE LIABLE FOR ANY AND ALL COST INCURRED, IN A SUBSEQUENT RESALE OF THE PROPERTY, BY SELLER AND ALEXANDER AUCTIONS. IF SUCH ACTION OCCURS, ALEXANDER AUCTIONS HEREBY HAS THE RIGHT TO DISPERSE THE DEPOSIT AS STATED IN THE LISTING AGREEMENT AND THE BUYER HAS NO CLAIMS TO SUCH MONEY OR PROPERTY BEING SOLD. LIQUIDATED DAMAGES ARE TO COVER THE AUCTIONEER’S COMMISSION, COST OF AUCTION, COST INCURRED BY SELLER, LABOR COST AND ADDITIONAL COST OF AUCTION AS NOT DEFINED IN THIS AGREEMENT. THESE LIQUIDATED DAMAGES DO NOT RESTRICT THE SELLER FROM SUING THE BUYER FOR PERFORMANCE DAMAGES AND/OR ANY ADDITIONAL DAMAGES THE SELLER SUFFERS BY THE DEFAULT OF THE BUYER.
30. TITLE: DEED TRANSFER WILL BE BY WARRANTY DEED SIGNED BY THE SELLER.
31. INSPECTION: PROSPECTIVE PURCHASER(S) SHOULD INSPECT AND REVIEW THE PROPERTY TO BECOME FAMILIAR WITH THE PROPERTY BOUNDARY LINES AND THE PHYSICAL CONDITION OF THE IMPROVEMENTS AND COMPLETE THEIR OWN DUE DILIGENCE RESEARCH.
32. DEED DESCRIPTIONS: PROPERTY WILL BE SOLD ACCORDING TO THE LEGAL DESCRIPTIONS IN THE OWNER’S DEED SUBJECT TO THE DIVISION OF ANY TRACTS.
33. SURVEY: ORIGINAL DEEDS HAVE METES AND BOUNDS DESCRIPTION: NO INDIVIDUAL AUCTION TRACTS HAVE HAD THE DIVISIONAL LINES SURVEYED. AUCTION TRACT ACREAGES HAVE BEEN CALCULATED FROM THE ORIGINAL DESCRIPTIONS, FARM SERVICES MAPS AND TENNESSEE TAX MAPS.
34. DIVISIONAL LINES WILL BE LOCATED AS SHOWN ON THE AERIAL MAPS SUBJECT TO THE ORIGINAL LINE CHANGE BETWEEN TRACT 1 AND TRACT 2. THESE LINES WILL BE TIED TO MAP FEATURES AND DIRECTIONS ARE DESCRIBED AS CLOSE.
35. IN THE EVENT FARM 1 TRACTS 1 AND 2 AND/OR FARM 2 TRACTS 3 AND 4 SELL AND DIVIDE INTO SEPARATE TRACTS A NEW SURVEY WILL BE REQUIRED. THE SURVEY DESCRIPTIONS WILL BE COMPLETED ALONG OR VERY NEAR THE POSTED BOUNDARIES. THE SURVEYOR WILL CALCULATE THE ACTUAL ACREAGE FOR THE NEW BOUNDARIES.
36. IN THE EVENT, EITHER FARM 1 TRACTS 1 AND 2 AND/OR FARM 2 TRACTS 3 AND 4 SELL TO THE SAME BUYER, NO SURVEY WILL BE REQUIRED. PROPERTY WILL BE DEEDED USING THE SELLERS CURRENT DEED DESCRIPTIONS. NO ADJUSTMENTS WILL BE MADE TO THE SALES PRICE.
37. SURVEY TIME EXTENSION: IN THE EVENT ANY SURVEY REQUIRED CANNOT BE COMPLETED WITHIN TIME FOR THE APRIL 25TH, 2022 CLOSING DATE, THIS PURCHASE AND SALES AGREEMENT SHALL AUTOMATICALLY EXTEND UNTIL 15 DAYS AFTER THE PURCHASER HAS BEEN GIVEN NOTIFICATION THE SURVEY IS COMPLETE AND A COPY OF THE SURVEYED PLAT IS PROVIDED TO THE PURCHASER SHOWING THE ACTUAL NUMBER OF ACRES IN THE TRACT.
38. ACREAGE VARIANCE: THE SALES PRICE AND PURCHASE AND SALES AGREEMENT PRICE OF ANY TRACTS WHICH REQUIRE A SURVEY WILL BE ADJUSTED UP OR DOWN PROVIDED THE ACTUAL SURVEY SHOWS A VARIANCE OF 1.6 ACRES OR MORE. THE SALES PRICE ADJUSTMENT WILL BE CALCULATED ON A PER ACRE BASIS ACCORDING TO THE SALES PRICE PER ACRE AS SHOWN IN THE PURCHASE & SALES AGREEMENT, EXCEPT FOR TRACT 1 WHICH CONTAINS IMPROVEMENTS.
39. ACREAGE ADJUSTMENT: TRACT 1, WITH IMPROVEMENTS AND TRACT 2 ADJUSTMENTS WILL BE CALCULATED USING THE SALES PRICE AND CONTRACT PRICE PER ACRE OF TRACT 2 OR SHOWN IN THE PURCHASE OR SALES AGREEMENT.
40. ACREAGE VARIANCE ADJUSTMENTS: NO SALES PRICE ADJUSTMENT WILL BE MADE ON ANY TRACT THAT VARIES LESS THAN 1.6 ACRES
41. SURVEY COST: ANY SURVEY COST WILL BE PAID 50% BY EACH BUYER OF A TRACT OR THE ACTUAL TRACT AMOUNT THE SURVEYOR CHARGES PER TRACT.
42. AGENCY DISCLOSURE: ALEXANDER AUCTIONS AND REAL ESTATE SALES AND ALL AGENTS WORKING AT THIS AUCTION ARE ACTING AS AN AGENT FOR THE SELLER.
43. BIDDING: NO ONE SHOULD MAKE A BID THAT HE/SHE DOES NOT WANT TO HONOR OR IS NOT FINANCIALLY ABLE TO HONOR.
44. CONTINGENCIES: NO PURCHASE IS CONTINGENT ON FINANCING, APPRAISALS, PROPERTY INSPECTIONS OR ANY OTHER CONTINGENCIES.
45. DUE DILIGENCE: 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 COMPLETE THEIR OWN DUE DILIGENCE SURVEY, RESEARCH, INSPECTION, CHECKING AND BID ACCORDING TO THEIR DUE DILIGENT SURVEY AND RESEARCH.
46. EASEMENTS: PROPERTY SELLS SUBJECT TO EXISTING EASEMENTS AND SUBJECT TO ANY RECORDED EASEMENTS.
47. RESTRICTIONS: REAL ESTATE SELLS SUBJECT TO ANY AND ALL EXISTING MATTER OF RECORDS, EASEMENTS, CITY, COUNTY AND STATE, BUILDING, USE OR ZONING LAWS AND RESTRICTIONS.
48. ENVIRONMENTAL ASSESSMENTS: SELLERS HAVE NOT REQUESTED NOR HAD ANY ENVIRONMENTAL ASSESSMENTS RUN ON THIS PROPERTY.
49. ENVIRONMENTAL DISCLOSURE: AUCTIONEER AND BROKER AND SELLERS ARE NOT EXPERT IN DETERMINING ENVIRONMENTAL HAZARDS AND HAZARDOUS MATERIAL. BUYERS ACCEPT THESE IMPROVEMENTS AND LAND IN ITS PRESENT CONDITION. BUYER AGREES TO HOLD HARMLESS ALEXANDER AUCTIONS & REAL ESTATE SALES, THE BROKER, AUCTIONEER AND THE SELLERS FROM ANY ENVIRONMENTAL HAZARDS AND FROM ANY CLAIMS IN CONNECTION WITH ENVIRONMENTAL HAZARDS.
50. SOIL EVALUATION: THE OWNERS, SELLERS AND SALES MANAGEMENT HAVE NOT HAD OR REQUESTED ANY PERK TEST OR SOIL CLASSIFICATION INSPECTIONS TO BE COMPLETED BY THE GROUND WATER PROTECTION AGENCY OR ANY SOIL SCIENTIST TO DETERMINE THE APPROVAL OR REQUIREMENTS FOR SEPTIC TANKS OR SEPTIC LINES FOR ANY OF THE TRACTS.
51. GROUND WATER PROTECTION AUTHORITY: PURCHASER(S) SHALL BE RESPONSIBLE FOR CONTACTING THE OBION COUNTY GROUND WATER PROTECTION AGENCY AND/OR AN APPROVED TENNESSEE SOIL SCIENTIST TO OBTAIN A SOIL ANALYSIS AND APPROVAL FOR A SEPTIC SYSTEM. ALEXANDER AUCTIONS AND THE SELLERS MAKE NO WARRANTY OR GUARANTY AS TO SOIL TYPES AND SOIL APPROVAL FOR A SEPTIC/SEWAGE SYSTEM.
52. SEPTIC SYSTEMS: ALEXANDER AUCTIONS AND THE SELLER HAVE NO KNOWLEDGE ABOUT THE EXISTENCE OR NON-EXISTENCE OF A SEPTIC SYSTEM ON ANY TRACT. ALEXANDER HAS BEEN INFORMED THAT TRACT 3, PREVIOUSLY HAD A MODULAR RESIDENCE LOCATED ON TRACT 3 WITH WELL, ELECTRIC SERVICE POLE, AND SEPTIC TANK. ALEXANDER AND SELLER HAVE NO KNOWLEDGE OF THE CONDITION OF WELL AND SEPTIC SYSTEM ON TRACTS.
53. “AS IS”: 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.
54. INSPECTION OPPORTUNITY: PURCHASER AND PURCHASER’S REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO INSPECT THIS PROPERTY AND AGREE ALL BIDS ARE MADE SUBJECT TO THEIR INSPECTIONS AND DUE DILIGENCE RESULTS AND PURCHASE SAID PROPERTY AS A RESULT OF THEIR INSPECTION.
55. WARRANTIES OR REPRESENTATION: ALEXANDER AUCTIONS AND SELLER 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.
56. AUCTIONEER’S DISCRETION: ALEXANDER AUCTIONS HAS FULL DISCRETION TO MODIFY DATE AND TIME, ORDER AND DETAILS OF THE AUCTION FOR ANY REASON OR NO REASON AT ALL, INCLUDING BUT NOT LIMITED TO TECHNICAL ISSUES, EMERGENCIES AND CONVENIENCE OF ALEXANDER AUCTIONS RESERVES THE RIGHT TO MODIFY, CHANGE OR REMOVE USER NAMES AT ANY TIME.
57. TIME EXTENSION: ALEXANDER ONLINE AUCTIONS HAVE AN AUTO-EXTEND BIDDING FEATURE.
58. TIME INCREASE OR DECREASE: ALEXANDER AUCTIONS MAY INCREASE OR DECREASE THE EXTENDED BIDDING TIME AMOUNT AT ANY TIME DURING THE AUCTION UNTIL THE CLOSE OF BIDDING.
59. EXTEND ALL FEATURE: ALEXANDER’S AUCTIONS ARE TIMED EVENTS AND ALL BIDDING WILL CLOSE AT A SPECIFIC TIME. ALEXANDER AUCTIONS ALSO HAVE AN AUTO-EXTEND FEATURE. WHEN ANY BID IS PLACED IN THE FINAL FIVE MINUTES OF AN AUCTION, THE AUCTION ENDING WILL BE AUTOMATICALLY EXTENDED FIVE (5) MINUTES FROM THE CLOSING TIME. EXAMPLE: IF AN AUCTION SCHEDULED TO CLOSE AT 12:00 NOON RECEIVES A BID AT 11:56 THE CLOSE TIME WILL AUTOMATICALLY EXTEND TO 12:05. THE AUTO-EXTEND FEATURE REMAINS ACTIVE UNTIL NO FURTHER BIDS ARE RECEIVED WITHIN A FIVE (5) MINUTE TIME FRAME ON THE REAL ESTATE OR A PERSONAL PROPERTY LOT
60. EXTENDED BIDDING: THIS AUCTION HAS AN EXTEND-ALL FEATURE BIDDING. ANY TIME ANY TRACT OF REAL ESTATE OR PERSONAL PROPERTY LOT IS BID ON WITHIN THE LAST 5 MINUTES, ALL TRACTS AND PERSONAL PROPERTY LOTS EXTEND 5 MINUTES MORE. ALL REAL ESTATE AND PERSONAL PROPERTY LOTS WILL CLOSE SIMULTANEOUSLY AT THE SAME TIME, WHEN NO BIDS ARE PLACED WITHIN THE LAST FIVE MINUTES.
61. BID CLOSING: ALL TRACTS AND LOTS WILL CLOSE AT THE SAME TIME. NO TRACTS OR LOTS WILL BE COMBINED.
62. REFRESH BIDDING: REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE BIDDING OR ENABLE THE “AUTO-REFRESH” FEATURE.
63. SERVER & SOFTWARE TECHNICAL ISSUES: IN THE EVENT THAT THERE ARE TECHNICAL DIFFICULTIES RELATED TO THE SERVER, SOFTWARE OR ANY OTHER ONLINE AUCTION RELATED TECHNOLOGY, ALEXANDER AUCTIONS RESERVES THE RIGHT TO EXTEND BIDDING, CONTINUE THE BIDDING, CLOSE THE BIDDING OR INCREASE OR DECREASE THE EXTENDED AMOUNT OF TIME AT THE END OF THE AUCTION. NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR ALEXANDER AUCTIONS WILL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON.
64. BIDDING INCREMENTS: ALEXANDER AUCTIONS MAY HAVE DIFFERENT BIDDING INCREMENTS. THE BIDDING SOFTWARE WILL CALCULATE THE NEXT BID AMOUNT BEFORE YOU SUBMIT THE BID. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BIDDING INCREMENTS AT ANY TIME.
65. BIDDING INCREMENTS: ALEXANDER AUCTIONS MAY HAVE DIFFERENT BIDDING INCREMENTS. THE BIDDING SOFTWARE WILL CALCULATE THE NEXT BID AMOUNT BEFORE YOU SUBMIT THE BID. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE BIDDING INCREMENTS AT ANY TIME.
66. AGENCY: ALEXANDER AUCTIONS AGENTS AND REPRESENTATIVES ARE AGENTS FOR THE SELLER. BUYER AND OR BIDDER AGREES TO HOLD HARMLESS AND INDEMNIFY ALEXANDER AUCTIONS AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DAMAGES OR SUITS INCLUDING BUT NOT LIMITED TO AWARDS, JUDGMENTS, COSTS, FEES, ETC.
67. BACK-UP BIDS: IF YOU ARE NOT THE SUCCESSFUL BIDDER ON THE REAL ESTATE OR A PERSONAL PROPERTY LOT AND WISH TO MAKE A BACK-UP BID IN CASE OF DEFAULT BY THE HIGH BIDDER, PLEASE CONTACT ALEXANDER AUCTIONS TO RECEIVE A BACK-UP BIDDER FORM. EMAIL NOTIFICATION MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY THE AUCTION COMPANY.
68. OFF-SITE BIDDING: BIDDERS WHO BID OFF-SITE AND DO NOT MAKE AN INSPECTION UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY NOT BE ABLE TO INSPECT THE PROPERTY 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.
69. BIDDING APPROVAL: ALEXANDER AUCTIONS RESERVES THE RIGHT TO REMOVE OR CANCEL THE BIDS AND OR BIDDING RIGHTS AND PRIVILEGES OF ANY PARTY AT ANY TIME DEEMED NOT TO BE IN THE BEST INTEREST OF THE SELLER. THE IDENTITY OF ALL BIDDERS WILL BE VERIFIED, BIDDING RIGHTS ARE PROVISIONAL AND IF COMPLETE VERIFICATION IS NOT POSSIBLE, ALEXANDER AUCTIONS WILL REJECT THE REGISTRATION, AND BIDDING ACTIVITY WILL BE TERMINATED.
70. AUCTION CANCELLATION – BID REJECTION: ALEXANDER AUCTIONS RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS FOR ANY REASON. ALEXANDER AUCTIONS RESERVES THE RIGHT TO CANCEL THIS AUCTION, OR REMOVE ANY ITEM OR LOT FROM THIS AUCTION PRIOR TO THE CLOSE OF BIDDING EVEN IF A BID HAS BEEN PLACED, IN THE EVENT OF AN INTERNET FAILURE OR IF THE BIDDING PLATFORM FAILS OR CRASHES.
71. ACCEPTANCE OF BID PRICES: THE AUCTIONEER SHALL MAKE THE SOLE AND FINAL DECISION AS TO THE WINNING HIGH BID AMOUNT. ACCEPTANCE BY THE ONLINE BIDDING PLATFORM DOES NOT NECESSARILY CONSTITUTE AN ACCEPTED BID BY THE AUCTIONEER. SUCCESSFUL BIDDER AND OR BUYER(S) WILL BE REQUIRED TO ENTER INTO A PURCHASE AGREEMENT CONTRACT IMMEDIATELY FOLLOWING THE CLOSE OF THE AUCTION. ALEXANDER AUCTIONS WILL EMAIL DOCUMENTS TO BE EXECUTED AND FAX OR EMAIL BACK TO ALEXANDER AUCTIONS WITHIN 24 HOURS OF THE END OF THE AUCTION. SUCCESSFUL BIDDER AND OR BUYER(S) NOT EXECUTING AND RETURNING CONTRACTS WITH EARNEST MONEY DEPOSIT WITHIN 24 HOURS WILL BE CONSIDERED IN DEFAULT. ALEXANDER AUCTIONS RESERVES THE RIGHT TO SELL TO THE NEXT HIGHEST QUALIFIED BIDDER OR ANOTHER BIDDER AND OR BUYER IF THE WINNING BIDDER AND OR BUYER IS IN DEFAULT OF THESE TERMS. WINNING BIDDER AND OR BUYER MUST EXECUTE THE CONTRACT WITH NO CHANGES, MODIFICATION, ADDITIONS OR DELETION.
72. ALEXANDER AUCTIONS INVOLVEMENT IN THIS CONTRACT: BOTH THE SELLER AND BUYER HEREBY AGREE THAT ALEXANDER AUCTIONS & REAL ESTATE SALES IS THE PROCURING CAUSE OF THE SALE CONTRACT AND SHALL RECEIVE COMPENSATION AS STATED IN THE AGREEMENT HERETO OR AS STATED IN THE LISTING AGREEMENT HEREBY MADE A PART OF.
73. NO WARRANTY: PREREQUISITE TO BIDDING IS THAT THE REAL ESTATE AND PERSONAL PROPERTY IS PURCHASED ABSOLUTELY “AS IS” WITH NO WARRANTY WHATSOEVER AS TO THE CONDITION OF THE SAME.
74. CLOSING REQUIREMENTS: PURCHASERS SHOULD CONTACT THEIR ATTORNEY OR TITLE COMPANY TO COMPLETE THEIR TITLE OPINION IMMEDIATELY. CONTRACT DOES NOT PROVIDE FOR AN EXTENSION DUE TO AN ATTORNEY OR TITLE COMPANY FAILING TO COMPLETE TITLE WORK OR YOUR LOAN CLOSING NOT BEING SET UP TO CLOSE ON OR BEFORE APRIL 25TH, 2022.
75. RISK OF LOSS: ANY RISK OF LOSS TO THE PROPERTY SHALL BE BORNE BY SELLER UNTIL DEED HAS BEEN CONVEYED TO THE PURCHASER.
76. TERMINOLOGY: AS THE CONTEXT MAY REQUIRE IN THESE TERMS (1) THE SINGULAR SHALL MEAN THE PLURAL AND VICE VERSA; (2) ALL PRONOUNS SHALL MEAN AND INCLUDE THE PERSON, ENTITY, FIRM OR CORPORATION TO WHICH THEY RELATE.
77. ADDITIONAL AUCTION INFORMATION: ALL INFORMATION PUBLISHED, ANNOUNCED OR CONTAINED HEREIN WAS DERIVED FROM SOURCES BELIEVED TO BE CORRECT; HOWEVER, IT IS NOT GUARANTEED BY THE SELLER OR THE AUCTIONEER. PERSONAL ON-SITE INSPECTION OF ALL PROPERTY IS RECOMMENDED. THE FAILURE OF ANY BIDDER TO INSPECT, OR TO BE FULLY INFORMED AS TO THE CONDITION OF THE PROPERTY, WILL NOT CONSTITUTE GROUNDS FOR ANY CLAIM OR DEMAND FOR ADJUSTMENT OR WITHDRAWAL OF BID, OFFER OR DEPOSIT MONEY AFTER ITS OPENING TENDER. THIS INCLUDES BUT IS NOT LIMITED TO PUBLIC INFORMATION SUCH AS EASEMENTS, RESTRICTIONS, ZONING, RIGHTS-OF-WAY, OR ANY OTHER INFORMATION THAT CAN BE OBTAINED AS PUBLIC RECORD IN THE APPROPRIATE COUNTY COURTHOUSE CONCERNING SUBJECT PROPERTIES.
78. INTERNET BIDDING: INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION ENDS. EMAIL NOTIFICATIONS MAY BE SENT TO REGISTERED BIDDERS WITH UPDATED INFORMATION AS DEEMED NECESSARY BY ALEXANDER AUCTIONS.
79. IF YOU HAVE ANY PROBLEMS WITH THE WEBSITE, CALL MARKNET CUSTOMER SERVICE AT 1-888-307-6545 AND/OR ALEXANDER AUCTIONS AT (731) 587-4244.
80. HEALTH RISK: I UNDERSTAND THE RISK ASSOCIATED WITH BEING OUTSIDE OF MY HOME AND THE PROXIMITY OF OTHERS DURING THE COVID-19 VIRUS PANDEMIC. I UNDERSTAND THE COVID-19 VIRUS IS HIGHLY INFECTIOUS AND CONTAGIOUS. I ACKNOWLEDGE THE ACTIVITIES TO WHICH THIS RELEASE APPLIES CAN BE DANGEROUS, I AM ACCEPTING THOSE RISKS FOR MYSELF AND FOR ANY PARTICIPANTS WHO MAY BE IN MY CARE. I ACKNOWLEDGE RECEIPT OF THE COVID-19 SAFE PRACTICES SHEET DETAILED AT ALEXANDER AUCTIONS & REAL ESTATE SALES WEBSITE. I FURTHER ACKNOWLEDGE THAT I AM FAMILIAR WITH LOCAL, STATE AND FEDERAL GUIDELINES AND EXECUTIVE ORDERS RELATED TO THE COVID-19 VIRUS AND SOCIAL DISTANCING. I AM PARTICIPATING AT THE AUCTION OF MY OWN FREE WILL.
81. LIABILITY WAIVER AND RELEASE: BY AGREEING TO THESE TERMS AND BIDDING ON THIS AUCTION, YOU VOLUNTARILY RELEASE, INDEMNIFY, DEFEND AND HOLD ALEXANDER AUCTIONS & REAL ESTATE SALES AND SELLER, AND THEIR RESPECTIVE AGENTS AND EMPLOYEES (EACH A “RELEASED PARTY”) FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES, CAUSES OF ACTION OR EXPENSE OF ANY KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM A RELEASED PARTY’S NEGLIGENT ACT OR OMISSION, ARISING OUT OF MY PARTICIPATION IN AND PRESENCE WHETHER RELATED TO BODILY INJURY, INFECTION DUE TO COVID-19 VIRUS, PROPERTY DAMAGE, OR ANY OTHER FORM OF INJURY OR LOSS IN REGARD TO INSPECTION DAYS AND PAYMENT AND REMOVAL DAYS OF MY PHYSICAL ITEMS PURCHASED AT THE DYERSBURG ELEVATOR COMPANY AUCTION.
82. AUCTION NOTIFICATION: PROPERTY IS BEING SOLD SUBJECT TO THESE TERMS AND CONDITIONS AND EXHIBITS AND ATTACHMENTS WHICH WILL BE ATTACHED TO THE PURCHASE AND SALE AGREEMENT (CONTRACT) FOR FUTURE REFERENCE.
83. ACCEPTANCE: ALL BIDDERS AGREE AND ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BID ACCORDING TO THESE TERMS BY REGISTERING FOR A BID NUMBER.
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, Auctioneer – TL9
239 University St., Martin, TN 38237
Office: (731) 587-4244 * Cell: (731) 225-7368
Email: [email protected]