US Marshals Service Auction - Ashe County, NC

United States District Court Middle District of North Carolina – United States of America Plaintiff, Thomas Earl Tilley, Et Al, Defendants, Civil Action No. 1:19-CV-626 The Court orders for sale 3 properties in Fleetwood, Ashe County, NC: 39 acres on Windy Hill Rd., Fleetwood, NC, 8 acres off Railroad Grade Rd., Fleetwood, NC and 289 New River Trail, Fleetwood, NC.

Each sale of property authorized herein is ordered pursuant to 28 U.S.C. 2001, 2002, and 26 U.S.C 7430, and is made without right of redemption, subject to the Order of Sale.

PLEASE DO NOT BID UNTIL YOU HAVE READ THESE TERMS AND CONDITIONS OF SALE.

TITLE: Each sale shall be free and clear of all rights, titles, claims, liens, and interest of all parties to this action and any successors in interest or transferees of those parties.

AS IS: The sale shall be subject to building lines, if established, all laws, ordinances, and governmental regulations (including building and zoning ordinances) affecting the properties, and easements and restrictions of record, if any.

The Government, by and through the United States Attorney's Office for the Middle District, shall, in its sole discretion and after consulting with the United States Marshals Service, determine the order of the sales.

The Government shall timely advise the Court if it believes that the sale of one or more of the properties either is not necessary, because the restitution has been or will be paid in full, or has become impractical, and it shall seek appropriate post-judgment relief, including, but not limited to, the modification of the Order of Sale.

The real property will be offered at public auction with live and online bidding. All improvements, buildings, sheds, structures, etc., sell with the property. The property and all improvements, if any, will be sold on an AS-IS, WHERE IS, WITH ALL FAULTS, conditions, defects, or flaws. The buyer agrees to take the property in the condition existing. No representations or warranties, expressed or implied, concerning the property are made by neither the sellers nor the seller's agents. Descriptions of the improvements and property are believed to be correct but are not guaranteed. You are encouraged to conduct your inspections and due diligence prior to bidding and buying at the auction.

RESERVE: Each sale of property shall be subject to the confirmation of the Court. On confirmation of sale, ownership and possession of the property shall transfer to the buyer, or to the designee of the buyer, and all interest in, liens against, titles and claims to, the property that are held or asserted by the parties to this action are discharged and extinguished.

The United States Marshals Service shall, at it sole discretion, set, and may increase or decrease, the minimum bid for each property to be sold by auction; If a minimum bid for a property is not met or exceeded, The United States Marshals Service may, at its sole discretion and without further permission of the Court, and under the terms and conditions of the Order of Sale, hold a new public sale of the property, and may reduce the minimum bid.

DEPOSIT REQUIRED: Within 24 hours of the end of the auction, at the sole discretion of the United States Marshals Service, by money order or by certified or cashier’s check payable to the United States District Court for the Middle District of North Carolina a deposit in the amount of 10% of the purchase price as specified by the United States Marshals Service, in its sole discretion, may require potential bidders to demonstrate, before being permitted to bid, their ability to comply with this requirement.

CLOSING: The successful buyer(s) of each property, whether sold by auction or by broker listing, shall pay, by certified or cashier’s check, the balance of the purchase price for the property within 28 days following the date of sale. The check for the balance shall be payable to the United States District Court for the Middle District of North Carolina and shall be given to the United States Marshals Service. If the successful buyer(s) fails to timely fulfill this requirement, the deposit shall be forfeited and shall be applied to cover the expenses of the sale, with any amount remaining to be applied to defendant Thomas Earl Tilley’s restitution debt. The property shall be again offered for sale under the terms and conditions of the Order of Sale or, in the alternative, sold to the second highest bidder(s) or offeror(s), at the sold discretion of the Government, by and through the United States Attorney’s Office for the Middle District. The Clerk of Court is directed to accept the deposit and all proceeds and deposit them in the Court’s registry for distribution pursuant to further order of the Court.

TIME IS OF THE ESSENCE. All closing costs for the benefit of the buyer such as appraisals, surveys, loan applications, inspections, title searches, title insurance, etc. are the responsibility of the buyer. The seller is not paying for any of the buyers closing costs. Real estate taxes are pro-rated at closing.

DEED: Upon confirmation of a sale, the United States Marshals Service shall issue, under authority of the Court, a quitclaim deed for the property, effective as of the date of the confirmation of sale and deliver the deed to the buyer(s). Alternatively, at the request of either the United States Marshals Service, the Government, or the buyer(s), the Court will issue a judicial deed for the property, effective as of the date of confirmation of the sale, which deed shall be delivered to the buyer(s) by the United States marshal service. The government may file a proposed judicial deed.

The Register of Deeds for the county in which the property is located may record the deed for the property and may cause the transfer of the property to be reflected upon that county’s register.

The buyer shall pay, in addition to the amount of the bid or offer, any documentary stamps, registry fees, or other charges as provided by the law.

All rights to rents of or from each property arising before the confirmation of the sale of the property shall constitute proceeds of the property, and such rents shall be turned over to, and paid to, the United States Marshals Service for deposit and distribution in the same manner as the proceeds of the sale of the property. On confirmation of the sale of the property, all rights to product, offspring, rents, and profits of or from the property arising thereafter shall transfer to the buyer, and all risks of losses associated with the property shall transfer to the buyer.

EASEMENTS and RIGHT OF WAYS: The real estate is being sold subject to any and all easements or right of ways. Lease payments or rents, if any, will be pro-rated at closing. Property #3, 39 acres on Windy Hill Road, is sold subject to an easement along River Run to other properties and subject to an easement to Blue Ridge Electric. There is a fiber easement along Windy Hill Road.

BUYER'S PREMIUM: There will be no buyer's premium charged in this auction.

ALLOTMENTS and MINERAL RIGHTS: Crop allotments, mineral rights, timber rights, water rights, if any, transfer to the buyer.

HOA, POA, and RESTRICTIVE COVENANTS: The real property is being sold subject to restrictive covenants and homeowner's association rules, regulations and dues and county zoning, if any. Parcel 15198088, that joins lots 4, 5, 6 is restricted against any construction. See Book 208, Page 2367, Ashe County, NC – Supplementary Declaration of Covenants and Restrictions (next to last paragraph).  Property is subject to both the River Run and South Fork HOA.

METHOD OF SALE: The auction company will offer each property as a whole in a single parcel.

SURVEY: The properties will be sold subject to an existing survey, if any or the existing legal description.

PERK TEST: Perk test are the responsibility of the buyer and the contract is not contingent upon the soil having a satisfactory perk.

FINANCING: The sale is not subject to financing. Failure to close for ANY REASON WHAT SO EVER will result in the forfeiture of the deposit. NO EXCEPTIONS.

PURCHASE CONTRACT: Buyer will be required to execute an Auction Purchase and Sale Contract prepared by the U.S. Attorney.

NO CONTINGENCIES: The purchase and sale contract is not subject to any buyer contingencies for financing, appraisal, surveys, inspection or any other contingencies.

AGENCY: Buyer will be asked to sign an agency disclosure form stating that buyer is aware that Rogers’ agents represent the seller. Rogers' agents represent the seller and the seller's interest in the transaction.

ENVIRONMENTAL: There are not any environmental studies, phase 1, phase 2, or phase 3 studies for review. There are not any soil or water studies for review.

PERSONAL PROPERTY: There is no personal property or merchandise being transferred with the real property of value.

POSSESSION: Possession will be given at closing, subject to existing leases, if any.

BID RIGGING: Bid rigging is a felony. Any attempt by bidders to chill the bid, agree with other bidders not to bid to attempt to lower the price is bid rigging. Anyone suspected of bid rigging will be asked to leave the auction site.

DISPUTED BIDS AND INCREMENTS: In case of a dispute over who is the high bidder, the auctioneer firm has the sole discretion to determine the high bidder. The auctioneer has the sole discretion to determine the auction bidding increments.

Uniform Commercial Code:
Section 2-328 of the UCC provides federal law regarding a sale by auction. The code reads that a sale by auction is complete when the auctioneer so announces by the fall of hammer or in other customary manner. A bid is a legal binding contract between the bidder and auctioneer. Reopening a bid is at the sole discretion of the auctioneer. Failure to complete a payment in good faith, stopping payment on checks or refusing to pay for goods purchased at the auction may result in legal action against the buyer and may result in the collection being turned over to a collection agency.

QUALIFIED BIDDERS:
Auctioneer reserves the right to refuse to register any prospective bidder for any reason, or to require a cash deposit from a prospective bidder of an amount designated by Auctioneer and paid in advance by the prospective bidder to Auctioneer. Such deposit will be applied to any purchases made at the auction by the prospective bidder. At the end of the auction, Auctioneer will refund any portion of this deposit that has not been applied to purchases. Furthermore, Auctioneer will require the removal of any person from the auction site for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding or stealing; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the laws.

ONLINE BIDDING & REGISTRATION: You must register in advance by clicking on Register to Bid and agreeing to terms for online bidding. You must be pre-approved before you receive a bidder number. A bank letter verifying funds is required to be approved for online bidding. Auction company may register bidders with a previous online bidding history that is acceptable to the auction company. The auction company may refuse to register anyone at its sole discretion.

TECHNICAL PROBLEMS: Rogers Realty & Auction Co., Inc. is providing internet bidding as a service to bidders. Bidder acknowledges and understands that this service may or may not function correctly. Under no circumstances shall Bidder have any kind of claim against Rogers Realty & Auction Co., Inc., or the US Marshal Service or anyone else working with online connections if the Internet service fails to work correctly. Rogers Realty & Auction Co., Inc. and the US Marshal Service will not be responsible for any missed bids from any source. Rogers Realty & Auction Co., Inc. and the US Marshal Service reserves the right add or delete lots. The auction company will not be liable for any faulty equipment, failure of equipment, faulty software, failure of software, lack of internet service connections or signals, or failure for any online bids that are not relayed on time to the auction company. The auction company reserves the right to extend bidding, delay bidding, or cancel bidding, without any notice to online bidders.

DISPUTES: Any disputes that arise between the auction company, the seller, the seller's agents and the buyer will be dealt with at the sole discretion of the United States Attorney.

DISCLAIMER: The auction company provides data, advertising, maps, that is believed to be correct but it is not guaranteed. Bidder's should rely on their own inspections and due diligence prior to bidding. Everything sells strictly AS IS. The auction company makes every effort to describe assets to the best of its ability but there are no guarantees as to the condition, quantity, condition, age, or value of the real property sold online. Buyer agrees that buyer may not cancel purchase for any reason.

The bidder agrees to all terms and conditions of the auction and should read the detailed terms.
NC Firm #685, VA Firm #2, SC Firm # 1874