Premier Land Auction - 82 ± Acres in Avery County, NC

Real Estate - Single parcel onsite only bidding.

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

Rogers Realty & Auction represents the seller.

Real Estate is subject to sale prior to the auction.

AS IS: The real property will be offered at public auction with live bidding onsite. 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.

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.

ALLOTMENTS and MINERAL RIGHTS: Crop allotments, mineral rights, timber rights, water rights, if any, MAY NOT transfer with the deed or title. 

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.

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

SURVEY:  The property 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.

BUYER'S PREMIUM: 10% added to the final bid price to determine the final contract purchase price.

DEPOSIT REQUIRED AT AUCTION: Terms are for 10% of the contract price deposit by cashier's check, cash, or personal check on site at the auction.

PURCHASE CONTRACT: Buyer will be required to execute a Real Property Auction Purchase and Sale Contract on site and submit their deposit.

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.

CLOSING: Closing is to take place in not more than 30 days from the date of the auction. TIME IS OF THE ESSENCE. 

Closing costs:  Buyer's closing costs can include new boundary survey, title search fees, title insurance premiums, recording fee documents, buyer prorated items and any other fees required for closing. Seller's closing costs are limited to their portion of the prorated tax, revenue stamps and the cost of deed preparation.

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

Property condition: All property in this auction is selling " AS IS", WHERE IS" with all faults if any. Rogers Realty and Auction Makes no representations or warranties, expressed or implied, concerning the property. Descriptions of the property are believed to be correct, but are not guaranteed. It is the buyer's responsibility to conduct any inspection prior to the auction. It is possible that the property being sold is subject to easements or restrictions. Rogers Realty and Auction has attempted to find all material deemed material facts. Ultimately  it is the buyer responsibility to inspect all aspects of the property before placing a bid. It is acknowledged by placing a bid that you have personally inspected the property, hired an agent to inspect the property or waived your right to inspect the property.

Zoning; This property is subject to all state and local zoning ordinances.

Acreage and Aerial Photos:  Parcel dimensions and acreages are based on legal descriptions. Aerial photos are for illustration purposes only and are not surveyed boundary lines.

Rogers Realty and Auction reserves the right to reject any and all bids. Reserves the right to cancel this auction. To remove any item or lot from this auction prior to the close of bidding even if a bid has been placed.

Easements: Subject to all easements recorded or unrecorded.

The laws in the State of North Carolina shall interpret this document.

Offers can be made prior to auction.

Announcements at auction take precedence over all advertised materials written or oral.

ABSOLUTE/RESERVE: This auction is conducted subject to seller approval.

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 has the sole discretion to determine the high bidder. The auctioneer has the sole discretion to determine the live auction bidding increments.  

It is the duty of the bidder to present their bid to the auctioneer and not that of auction support staff, auction ringmen, auction bid assistants, or the auctioneer.

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.

DEFAULT BY HIGH BIDDER/BUYER: In the event of a default by the bidder/buyer the seller may resale the property to another bidder/buyer and in the event the property sells for less money than the original price the seller may seek the difference from the original bidder/buyer. The seller may have other rights to pursue damages or costs from the defaulted bidder/buyer as allowed by law.

NC Firm #685, VA Firm #2, SC Firm # 1874