STATEMENT OF SALE &amp; ONLINE BIDDING TERMS<br>
MAY 9, 2015 GRIZZELL LIVING ESTATE AUCTION<br>
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10% BUYERS PREMIUM WILL BE ADDED TO EACH SUCCESSFUL BID<br>
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The sale of TRACTS 1-3 OF THE LAUREL G. GRIZZELL LIVING ESTATE INCLUDING HOME, BARN, OUTBUILDINGS, AND PERSONAL PROPERTY to be sold as is May 9, 2015 as follows:<br>
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All newspaper or other publications and all oral and verbal statements as to advertising made by owners of said property and by McCarter Auction, Inc., or any agent of said company, or by Scott E. McCarter, are hereby revoked.<br>
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This is an Absolute Auction - All Sales are Final. The highest bid plus a 10% Buyers Premium will be the total sales price of real estate and personal property. <br>
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ALL ONLINE BIDS ON THIS MAY 9TH 2015 AUCTION START MONDAY, MAY 4TH AT 10:30 AM EDT AND WILL END ON SATURDAY, MAY 9TH DURING LIVE AUCTION BEGINNING AT 10:30 AM CST. BY PLACING AN ONLINE BID FOR LIVE EVENT, YOU AUTHORIZE MCCARTER AUCTION, INC. OR ITS AFFILIATES TO IMPLEMENT YOUR BIDS AT THE LIVE AUCTION. NOTE: during the live close of this simulcast auction a system operator will sit next to the auctioneer and offer online bidders the same bid opportunities that are being offered to the onsite bidders. If a bid is made via the internet, the operator will represent that bidder. Note that the operator may be bidding for several different online bidders at the same time. No preference is made for either onsite or online bidders; the bid will go to the first accepted by the auctioneer. Any tie bid or other issues regarding who has the high bid are always resolved by the Auctioneer, who has complete and final authority. THE FINAL SALE OF PROPERTIES USING INTERNET BIDS AND LIVE ONSITE BIDS WILL DETERMINE THE WINNING BIDDERS OF PROPERTIES AS ADVERTISED.<br>
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This is an Absolute Auction and will sell to the highest and best bidder. Auctioneer is in full charge of auction having the right to set bid increments throughout the sale, settle any bid disputes, and accept or reject any bids at his discretion. <br>
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Terms for Real Estate are: 10% down today, balance at closing within 30 days. Buyer to pay one-half of closing fee, in addition to their other individual closing costs. Please note that Austin, Davis &amp; Mitchell Attorneys at Law will be the exclusive closing agent for this transaction. Terms for Personal Property are: cash or good check today. <br>
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NOTICE!! A 10% Buyer’s Premium will be added to all successful bids. The highest bid price plus the 10% (Ten percent) Buyer’s Premium will be the total sales price. Any changes made to buyers’ paperwork, including Warranty Deed, must be made by this Wednesday, May 13th, or buyer may be charged for double paperwork at closing. <br>
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Property will be sold in tracts and adopt the sale which brings the highest and best bid. Tracts will be sold individually then grouping will be offered with a 5% raise per Grouping Outline available online, at Open House and day of sale. The contract you sign is final and binding if not regrouped (to be determined closer to auction date). Successful bidders will be required to sign a note for the deposit amount with the contract, in addition to deposit paid day of sale. Note shall become null and void when buyer shall complete all requirements for closing as set out in their contract. <br>
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Taxes for the 2015 year to be prorated at closing. Tracts 1-3 are presently assessed in the greenbelt. Any back taxes or rollback taxes to be paid by seller at closing. Closing for all real estate will be on or before 30 days from today. Possession of home and all structures to be given at closing. The field which is presently in wheat of which includes all of Tract 3 and the east side of Tracts 1 &amp; 2 is leased by local farmer, Larry Williams, for the remainder of 2015. Therefore, possession of this portion of the property which includes this field to be given at the end of 2015. Home, all structures personal property and all other properties to be sold in “as is” condition with no guarantees or warranties expressed or implied by sellers or by McCarter Auction, Inc. Please inspect property to your satisfaction prior to purchase. This property is zoned by Franklin County as follows: Part of Tract 1 is zoned A Agricultural, part of Tract 1 is zoned R-2 Residential, Tract 2 is zoned R-2 Residential, Tract 3 is zoned I Industrial, and copies of these regulations are available online and here today. Please see all notes on map which include power line easement, pipeline easement, water line easement, etc. Copies of map are available online and here today. Home is presently on septic and field line. Present water source is from a shared spring located across highway 41A. Buyer of home has the option to continue to use water from shared spring, provided buyer will be responsible for electric and maintenance of pump and water lines from shared spring. The present caretaker of electric and maintenance of shared spring will terminate electric service and upkeep as of July 1st, 2015. Please see copy of Mandate giving Grizzell property rights to use shared spring available online and here today. If buyer chooses to connect to utility water, which runs along highway 41A, buyer will be responsible for any and all expenses required by said utility company. A lead based paint disclosure must be signed by buyer of home. Termite inspection letter and proof of treatment, if needed, will be provided to buyer of home. Pick-up for personal property items are today immediately after the sale. Personal property not removed immediately after close of sale on sale day becomes the buyers’ responsibility. If home and/or real estate is damaged by Buyer while removing items, buyer is responsible for any costs to repair damages. <br>
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REMEMBER, this is an Absolute Auction and all sales are final. Do not bid unless you are prepared to pay appropriate deposit today and meet all conditions to close as set out in your contract. Bidders must be ready, willing and able to close within 30 days. Please do not bid unless prepared to do so. <br>
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The property will be sold subject to all easements, zonings of record, and from map dated March 7, 2015 by John Lester Childers, Registered Land Surveyor. The property will be sold free from all encumbrances and a Warranty Deed will be executed by the owner to the purchaser for said land. <br>
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BID PACKAGE: Auction Sales Contract &amp; Promissory Note Package, along with any other paperwork pertaining to each sale #, will be sent by e-mail from McCarter Auction Inc to the successful online bidder, who must execute and fax or email back to McCarter Auction Inc within 24 hours of receipt. Successful online bidders not executing and returning their contract &amp; promissory note with earnest money deposit (10% non refundable deposit of total purchase price (certified funds or wire) made payable to McCarter Auction Inc) within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable. The entirety of the remaining balance is due at closing. Purchaser shall be responsible for all wire transfer fees and closing fees as set out in Auction Sales Contract and Auction Statement of Sale.<br>
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Auction Administrative Fee: In the event a winning online bidder fails to submit the signed “Auction Sales Contract,” signed “Promissory Note,” and deposit earnest money as provided in the pre-stipulated Auction Terms, the winning online bidder will be charged an administrative fee of $2,500.00 on the credit card provided at auction registration. Additional default remedies are reserved by McCarter Auction Inc and the Seller as provided in the Auction Statement of Sale, the Auction Sales Contract and the Promissory Note. All Administrative Fees are non-refundable.<br>
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AUCTION SALES CONTRACT, PROMISSORY NOTE, and STATEMENT OF SALE: Each property is offered under specific terms provided in the auction sales contract, promissory note, and statement of sale. The Auction Sales Contract, Promissory Note, Statement of Sale are available at www.mccarterauction.com in the “View Documents” section of this auction website. Please read and review the contract, promissory note, and statement of sale thoroughly prior to bidding on any property. If you have not read and reviewed the Auction Sales Contract, Promissory Note, Statement of Sale and all other materials available plus completed your own “due diligence” to satisfy all questions, please Do Not Bid!<br>
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Buyer’s Premium: A 10% buyer’s premium will be added to the bid price on all properties to determine the final contract price. <br>
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McCarter Auction Inc has the sole authority to resolve any bidding disputes as they may arise.<br>
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McCarter Auction Inc is providing internet/online bidding as a service to Bidder. Bidder acknowledges and understands that this service may or may not function correctly the ending day of the auction. Under no circumstances shall Bidder have any kind of claim against McCarter Auction Inc or anyone else if the internet service fails to work correctly before or during the ending of the auction. McCarter Auction Inc will not be responsible for any missed bids from any source. <br>
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PERSONAL PROPERTY: All items must be picked up on sale day. No shipping, pick up only. Buyer responsible for loading and/or removing personal property at pick up. If home and/or real estate is damaged by Buyer while removing items, buyer is responsible for any costs to repair damages. After 7 days, all items left become sole property of McCarter Auction, Inc. and no refund will be given. If buyer does not pick up items or make payments up to date on merchandise, the buyer will be flagged for all Marknet auctions. This includes all auction companies under the Marknet service. This means, you will not be able to bid on any auctions under Marknet Alliance membership. Please note these assets are sold one time with non-retractable bids. When you bid on any item, you are entering into a binding contract. All property is sold 'AS IS', and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. McCarter Auction, Inc. may attempt to describe the merchandise in advertising &amp; on the internet but makes no representations. In no event shall McCarter Auction, Inc. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Bidders who bid from off site and are not present at the preview understand and acknowledge that they may not be able to inspect an item as well as if they examined it in person. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. McCarter Auction, Inc. will not be responsible for any errors or omissions in the description of the merchandise. Bidder agrees that everything is sold as is and that they may not return any item they purchase.<br>
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10% BUYERS PREMIUM WILL BE ADDED TO EACH SUCCESSFUL BID