WESTERN NC AUCTION EVENT TRANZON.COM

WESTERN NC AUCTION EVENT
NC Highlands Cabin on 2.5± ac ~ Asking Price $189,000
Preview: By Appointment
Auction: Accepting Offers
Auction Location: 343-360 Charity Lane, Creston, NC 28615
Property#: FX1696
Linda Terry, Tranzon Fox
121 Pennsylvania Ave
Virginia Beach, VA 23462
P: 804-354-9090
F: 757-473-9787
[email protected]
TRANZON.COM
Table of Contents
Click the links below to go directly to its corresponding section
1.
Attention Prospective Bidders
2.
Property/Auction Overview
3.
Photo Gallery
4.
Property Location
5.
Tax Information
6.
Appraisal
7.
Local Area Information
8.
Terms & Conditions of Sale
9.
Broker Acknowledgement Form
10.
Purchase Agreement
ATTENTION PROSPECTIVE BIDDERS
ALL INFORMATION CONTAINED IN THIS AND OTHER ADVERTISEMENTS
WAS OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE. HOWEVER, NO
WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, IS INTENDED
OR MADE. ALL PURCHASERS MUST INDEPENDENTLY INVESTIGATE AND
CONFIRM ANY INFORMATION OR ASSUMPTIONS ON WHICH ANY BID IS BASED.
NEITHER AUCTION COMPANY NOR SELLERS SHALL BE LIABLE FOR ANY
ERRORS OR THE CORRECTNESS OF INFORMATION.
PROPERTY SOLD “AS IS, WHERE IS, WITH ALL FAULTS.” PROSPECTIVE
BIDDERS SHOULD VERIFY ALL INFORMATION. THE PROPERTY IS OFFERED
FOR SALE TO QUALIFIED PURCHASERS WITHOUT REGARD TO PROSPECTIVE
PURCHASER'S RACE, COLOR, RELIGION, SEX, MARITAL STATUS OR
NATIONAL ORIGIN. THE PROPERTY AND IMPROVEMENTS WILL BE SOLD "AS
IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING
ANY REPRESENTATIONS REGARDING ENVIRONMENTAL CONDITIONS
AFFECTING THE PROPERTY.
THE REAL PROPERTY SHALL BE SOLD FREE AND CLEAR OF LIENS, BUT
SUBJECT TO CONDITIONS, RESTRICTIONS, RIGHTS-OF-WAY, EASEMENTS,
AND RESERVATIONS, IF ANY, OF RECORD; SUBJECT TO THE RIGHTS, IF ANY
OF TENANTS-IN-POSSESSION, UNDER LAW.
NEITHER THE AUCTION
COMPANY NOR THE SELLERS MAKE OR HAS MADE ANY REPRESENTATION
OR WARRANTY WITH RESPECT TO THE ACCURACY, CORRECTNESS,
COMPLETENESS, CONTENT OR MEANING OF THE INFORMATION CONTAINED
HEREIN. ALL PROSPECTIVE PURCHASERS RECOGNIZE AND AGREE THAT
ANY INVESTIGATION, EXAMINATION, OR INSPECTION OF THE PROPERTY IS
WITHIN THE CONTROL OF THE OWNER OR OTHER PARTIES IN POSSESSION
AND THEIR AGENTS.
ANY DECISION TO PURCHASE OR NOT TO PURCHASE IS THE SOLE AND
INDEPENDENT BUSINESS DECISION OF THE POTENTIAL PURCHASER. NO
RECOURSE OR CAUSE OF ACTION WILL LIE AGAINST ANY OF THE ABOVEMENTIONED PARTIES SHOULD PURCHASER BECOME DISSATISFIED WITH ITS
DECISION, WHATEVER IT MAY BE, AT A LATER DATE.
TRANZON COMPANIES ARE MEMBER COMPANIES OF TRANZON, LLC
AND ARE INDEPENDENTLY OWNED AND OPERATED.
WESTERN NC AUCTION EVENT
NC Highlands Cabin on 2.5± ac ~ Asking Price $189,000
Property #: FX1696
Auction Date and Time:
Accepting Offers
Property Preview Date and Time:
By Appointment
Property and Auction Location:
343-360 Charity Lane
Creston, NC 28615
Property Description: If you have never ventured north of Asheville or West of Boone and
love to escape to crisp mountain air, private living and active hobbies such as golf, fly fishing,
biking, hiking, kayaking and tubing you need to come see what Ashe County has to offer!
Nestled in the uppermost western corner of the state and bordered by Virginia and Tennessee,
you’ll find healthy living and quiet relaxation. It’s a land of cows and Christmas tree farms,
terraced farms, cottages and mountain streams. Grandfather Mountain and the New River, the
Appalachian Trail and National Forests are easily accessed.
This quality constructed cabin comes fully furnished and has a full length front porch that invites
relaxation. Natural finished knotty pine walls throughout means minimal maintenance with no
painted surfaces!
Main level: living room, dining room, kitchen with wood stove set in stone fireplace area, full bath
and washer/dryer hookups
Upstairs: 2 bedrooms & full bath
Electric baseboard heat
The Blue Ridge Conservancy has just purchased the surrounding 128 acres. See the plat Parcel 2 along the mountain stream is the property being sold with the cabin. This means you
will have access, use and enjoyment of the hiking trails and streams without having to own, pay
taxes or maintain that land! There will not be any further development on that wooded acreage,
nor will it be mined or timbered-- rather, it will remain unspoiled and natural.
Directions: Take Rt. 421 to Mountain City, TN; turn right onto Hwy 167 at Food Lion. Stay on
167 as it enters NC; after the state line turn left onto S Flatwood Rd. Left onto Denny Rd and
follow to end. You’ll see the entrance sign to The Haven.
Cooperating Broker’s Fee: 3% of the high bid will be paid to a properly registered broker at
settlement.
Summary of Terms of Sale: All property sold in “as is” condition. A 10% buyer’s premium will
be added to the high bid to determine the contract price. High bidder will execute a Contract for
Sale and Purchase of Real Estate and provide 10% deposit with a minimum auction day deposit
of $20,000 (lodge), $10,000 (cabin) and/or $5,000 (each lot) in guaranteed funds. A cashier’s
check, certified check, cash or money order made payable to yourself must be shown at
registration. Balance of contract price is due at closing within 30 days. Seller will provide
general warranty deed at closing. Please see the Contract for Sale of Real Estate and Terms &
Conditions in this info package for all of the sale terms.
Linda Terry
Tranzon Fox
www.tranzon.com/FX1696
804-354-9090
[email protected]
NCAF4953
Photo Gallery
Bath House
LOG CABIN, Lot 5
Photo Gallery
Property Location
"The Haven" is located in northwestern Ashe County, North Carolina in the Pond
Mountain District of the county. More specifically, the entrance of the property is at the
end of Denny Road at the intersection of NC 1324.
The road to the entrance of the property is paved and maintained by the state of North
Carolina.
Driving distances from the property to various towns or cities are as follows:
To Mountain City, TN
To West Jefferson, NC
To Boone, NC
To Bristol, TN
30 minutes
40 minutes
55 minutes
60 minutes
Major airports and the approximate drive time from The Haven are Boone, NC - 1 hour;
Bristol, TN - 1 hour; North Wilkesboro, NC - 2 hours; Johnston City, TN - 2 hours;
Charlotte, NC - 3 ½ hours; Winston Salem, NC - 3 ½ hours.
For more information about Ashe County, visit their website at www.main.nc.us/ashe
Ashe County, North Carolina
Parcels
Taxgrid
County
Results
Fire Zones
POND MTN/CRESTON/SECOND DIST FD
Parcels
Owner: TRUTH TEMPLE, INC Address: PO BOX 8186 City: KANNAPOLIS State: NC Zip: 28082 Parcel
ID: 17040-003 Size: 110.300 acres Bldg Value: 0 Total Value: 200600 Deed Book: 215 Deed Page:
1157 Plat Book: 3 Plat Page: 42 Gpin: 201353087981 Xfer Date: 1996
Townships
POND MTN.
Voting Districts
POND MTN.
Tax Information
343 Charity Ln, Creston, NC 28615, Ashe County
Owner Information
Owner Name:
Tax Billing Address:
Tax Billing City & State:
Truth Temple Inc
Po Box 82
Landis, NC
Tax Billing Zip:
Tax Billing Zip+4:
28088
0082
Tax Information
Pin #:
17040-003
Assessment & Tax
Assessment Year
Assessed Value - Total
Assessed Value - Land
YOY Assessed Change ($)
YOY Assessed Change (%)
2011 - Certified
$200,600
$200,600
$0
0%
2010 - Certified
$200,600
$200,600
$0
0%
2009 - Certified
$200,600
$200,600
Tax Year
2009
2010
2011
Total Tax
$953
$953
$903
YOY Tax Change ($)
YOY Tax Change (%)
$0
-$50
0%
-5.26%
Characteristics
Land Use - Universal:
Land Use - County:
Agricultural (NEC)
Agricultural 100 + Acres
Lot Acres:
Lot Area:
100.30
4,369,068
Market Sale & Sale History
Owner Name:
Truth Temple Inc
Mortgage History
Mortgage
Mortgage
Mortgage
Mortgage
Date
Amount
Lender
Code
11/21/2007
$700,000
Yadkin Vly Bk&Tr Co
Conventional
07/16/2007
$187,000
Rbc Centura Bk
Conventional
07/16/2007
$700,000
Yadkin Vly Bk&Tr Co
Conventional
09/06/2006
$192,000
Yadkin Vly Bk&Tr Co
Conventional
Courtesy of Linda Terry, TRIANGLE MLS
The data within this report is compiled by CoreLogic from public and private sources. If desired, the accuracy of the
data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Page 1 of 1
Property Detail
343 Charity Ln, Creston, NC 28615, Ashe County
Owner Information
Owner Name:
Tax Billing Address:
Tax Billing City & State:
Truth Temple Inc
Po Box 82
Landis, NC
Tax Billing Zip:
Tax Billing Zip+4:
28088
0082
17040-003-B
% Improved:
85%
Tax Information
Pin #:
Assessment & Tax
Assessment Year
Assessed Value - Total
Assessed Value - Land
Assessed Value - Improved
YOY Assessed Change ($)
YOY Assessed Change (%)
2011 - Certified
$389,500
$57,000
$332,500
$22,800
6.22%
2010 - Certified
$366,700
$39,000
$327,700
$0
0%
2009 - Certified
$366,700
$39,000
$327,700
Characteristics
Land Use - Universal:
Land Use - County:
Religious
Exempt Religious
Lot Acres:
Lot Area:
10.00
435,600
Market Sale & Sale History
Owner Name:
Truth Temple Inc
Courtesy of Linda Terry, TRIANGLE MLS
The data within this report is compiled by CoreLogic from public and private sources. If desired, the accuracy of the
data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Page 1 of 1
Property Detail
360 Charity Ln, Creston, NC 28615, Ashe County
Owner Information
Owner Name:
Tax Billing Address:
Tax Billing City & State:
Truth Temple Inc
Po Box 82
Landis, NC
Tax Billing Zip:
Tax Billing Zip+4:
28088
0082
Tax Information
Pin #:
17040-004
Assessment & Tax
Assessment Year
Assessed Value - Total
Assessed Value - Land
YOY Assessed Change ($)
YOY Assessed Change (%)
2011 - Certified
$75,300
$75,300
$15,000
24.88%
2010 - Certified
$60,300
$60,300
$0
0%
2009 - Certified
$60,300
$60,300
Tax Year
2009
2010
2011
Total Tax
$286
$286
$339
YOY Tax Change ($)
YOY Tax Change (%)
$0
$52
0%
18.30%
Characteristics
Land Use - Universal:
Land Use - County:
Agricultural (NEC)
Agricultural
Lot Acres:
Lot Area:
30.13
1,312,463
Document Number:
Deed Type:
215-1157
Deed (Reg)
Market Sale & Sale History
Recording Date:
Owner Name:
Seller:
Recording Date
Buyer Name
Seller Name
Document Number
Document Type
00/00/1996
Truth Temple Inc
Owner Record
00/00/1996
Truth Temple Inc
Owner Record
215-1157
Deed (Reg)
Courtesy of Linda Terry, TRIANGLE MLS
The data within this report is compiled by CoreLogic from public and private sources. If desired, the accuracy of the
data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.
Page 1 of 1
Property Detail
Appraisal
Local Area Information
Ashe County
Many related factors combine to provide the County with its unmatched quality of life. For years,
tourists have traveled from far and wide to view the seasonal changing of leaves in the autumn,
or to canoe the wild and scenic New River; designated as a National Heritage River in 2000, by
President Clinton. The surrounding Appalachian Mountains offer numerous hiking and outdoor
possibilities, and the federally established Blue Ridge Parkway bisects the County, offering
recreational opportunities as well as tourism gateways to Ashe and surrounding areas. Other
recreational areas include Mt. Jefferson State Park, New River State Parks, and the parks and
recreation facilities offered through Ashe County Parks programs. Local resort communities
include Mountain Aire golf course and the beautiful Jefferson Landing on the New River; both
offering wonderful golfing, housing and recreational opportunities.
Ashe County is a beautiful, safe, productive place to live, work and play. Outstanding quality of
life and increasing levels of services and opportunities are sure to aid Ashe County in being on
of America’s best places to live. For those seeking a relaxing place to call home for retirement,
for parents searching for a place to raise a family, or for a business needing a prosperous area
to base corporate operations, Ashe provides innumerable opportunities, and welcomes
newcomers with a hearty handshake and a smile.
North Carolina, nestled in the Blue Ridge Mountains in the northwestern region of the state has
long been known as the "Lost Province" because of its rugged terrain, majestic mountains and
quiet peaceful retreats. Seemingly a world apart but just minutes away, West Jefferson NC is 45
miles west of Interstate-77 and 25 minutes north of Boone.
The New River, thought to be 300 million years old, meanders through Ashe County. Its
sparkling clear waters flow gently making canoeing, rafting and camping an attraction to the
area. A North Carolina Mountain Cabin on the New River is a special request of many
vacationers and retirees alike among the most popular NC Mountain homes. Ashe High Country
Realty's® selection of Blue Ridge Mountain Cabins offers breathtaking vistas and wayside parks
and picnic areas.
At an elevation of 3,200 feet, surrounded by Fraser Fir and pine forests, our climate offers relief
from the hot summers, with temperatures ranging from the high 70's to the low 80's; and winters
are surprisingly mild, in the mid 40's to 50 degrees.
Ashe County may be best known for its arts district which is located in the middle of a
beautiful historic downtown. It is the site of 15 murals that create a walking tour through the
hometown of West Jefferson. The murals are designed and painted by of local artists and others
in the state reflecting the area's history and unique mountain character
Located within walking distance of all the shops is the Ashe County Farmers Market. Located on
the Backstreet in downtown, the market is open twice-weekly during the summer months and
again during the holiday season. Only handmade and homegrown products are sold at the
Farmers Market.
The Ashe County Cheese Store is always a big attraction. Established in 1930, this cheese
company is the oldest cheese plant in the Carolinas and offers visitors a chance to watch
cheese being made, as well as select their favorite cheeses from the onsite gift shop. It has
become one of the most popular tourist attractions in North Carolina. You can visit year round
from 8:30 am to 5:00 pm Monday through Saturday.
Nearby West Jefferson is the New River, one of the area's natural wonders. The New River is
the second oldest river in the world and was designated an American Heritage River by
President Bill Clinton in 1998. Because of shallow, gentle waters, the New River is ideal for
canoeing, kayaking, fly fishing and tubing.
West Jefferson is also a very short drive to the exquisite, luminous life-size Blue Ridge
Frescoes created by world-famous fresco artist Benjamin F. Long IV. Of the nine frescoes
located on the Blue Ridge Trail, four frescoes are right here! Mary Great with Child, John the
Baptist, and Mystery of Faith, are located in St. Mary's Episcopal Church, West Jefferson NC
and The Last Supper, is in Holy Trinity Episcopal Church, Glendale Springs.
Appalachian Trail still evolving after 75 years
By: VICKI SMITH | The Associated Press
Published: August 14, 2012
HARPERS FERRY, W.Va. -
Like the people who hike it, the Appalachian Trail is always moving.
Technically, today marks the 75th anniversary of its completion. But the 2,180-mile path stretching across 14 states
from Springer Mountain, Ga., to Katahdin, Maine, is never really finished.
It took 15 years for hundreds of volunteers, state and federal partners, trail maintenance clubs and young workers
with the New Deal-era Civilian Conservation Corps to build the original path. In the decades since, nearly 99 percent
has been relocated or rebuilt, and transferred from private to public ownership.
That means the trail and about 250,000 contiguous acres are better-protected than ever from development and
suburban sprawl.
It will always be in the same general area, said Mark Wenger, executive director of the Appalachian Trail
Conservancy in Harpers Ferry. But as access to waterways or scenic landscapes along the trail becomes available
for purchase, it will continue to shift.
"Will it move a little to the left, a little to the right?" he said. "Yes, depending on the physical attributes of the area.
"One of the tenets of the trail is to provide that personal experience of sort of being one with nature. You can't
necessarily do that if you're walking along a major highway," Wenger said. "So it's been relocated to give it some
degree of privacy and that sense of the wonder of nature."
The relocations and reconstruction also make the path itself more sustainable. It was originally routed straight up and
down many mountains, exacerbating erosion and making for a difficult hike.
Today's trail features more scenic vistas than the original route, too, including the Mount Rogers High Country and
Grayson Highlands in Virginia; Roan Mountain, Tenn.; the Pochuck Creek swamp in New Jersey; and Thundering
Falls in Vermont.
The idea for the trail was born in a 1921 article in the Journal of the American Institute of Architects. Benton MacKaye
proposed an idea that still resonates today - a path that would let people escape the demands and drudgery of daily
life.
As many as 3 million people a year now visit some part of the trail to reconnect with nature and slow down.
Wenger calls it "a very complex trail" with a wide variety of terrain. Travelers can make their way through the dense
forests and remote mountains in the South, to long, rocky ridges in the Mid-Atlantic, to rugged and rocky hiking with
the possibility of wintry weather in New England. Although some sections meet the accessibility standards of the
Americans with Disabilities Act, there are also rugged sections that require skill and experience to navigate.
About 2,000 to 3,000 people each summer attempt a "through-hike," or journey along the entire length. Only 1 in 4
will succeed. For them, Harpers Ferry is the psychological halfway point, even though the actual location is nearby in
southern Pennsylvania.
Outside ATC headquarters in Harpers Ferry, Mississippi native Crystal Stroud, 26, opened boxes of supplies shipped
by friends and family - nail clippers and dog food for her trail buddy, a 3-year-old Dachshund named Polly, and wipes,
trail mix and a loaf of homemade lemon poppy seed bread for herself. Many rural post offices dot the landscape
along the trail, so hikers often ship things to those post offices to pick up as they progress on their journeys.
Stroud is hiking north after graduating from Mississippi State University and is craving adventure.
"I did not want to get chained down to a job," she said. "I feel like a bird out of a cage out here. I hike as far as I want
to hike. I stop when I want to stop. I get to sleep in if I want to."
Stroud didn't realize what she was getting into. She thought she'd camp and hike for a few weeks. At best, she
figured, she would be ready to quit after she saw Tennessee's Smoky Mountains.
But she kept walking.
"I can't explain it," she said. "Life on the trail is amazing. I feel like a kid again, and I don't ever want to leave."
The trail is part of the National Park System, managed by the trail conservancy, National Park Service, U.S. Forest
Service, 31 local clubs and various state agencies. The Mount Rogers Appalachian Trail Club in Damascus will
sponsor a day hike Saturday for the trail's 75th, while the Maine Appalachian Trail Club in Carrabassett Valley is
planning an anniversary celebration.
"We need to take stock of what the people before us have done," Wenger said. "If you think about it, building a
national trail is in the same caliber as Yosemite and Yellowstone, the early national parks. It's something other
countries didn't do."
It's also important to think about where the trail is headed, he said, and to ensure it remains available to future
generations.
"It is not going to be done in my lifetime," Wenger said, "and we'd like to think secretly it will never be done. But it will
always be our challenge to finish it."
About the trail
• Completed in 1937.
• Roughly 2,180 miles long, passing through 14 states from Springer Mountain, Ga., to
Katahdin, Maine. About 550 miles of the trail are in Virginia — the most of any state.
• An estimated 2 million to 3 million people visit the trail every year. About 2,000 to
3,000 people attempt to "through-hike" its complete length, but only about 1 in 4 are
successful.
• Most through-hikers walk north, starting in Georgia in spring and finishing in Maine in
fall, taking an average of six months.
• The trail is marked with 2-by-6-inch vertical white paint blazes. A double blaze, one
above the other, is placed before turns, junctions, or other areas that require hikers to
be alert.
TERMS AND CONDITIONS OF SALE
FX1696 - 343-360 Charity Lane, Creston, NC 28615
By bidding at the Auction, you are agreeing to the following terms
and conditions in respect to the real property that is the subject of
the sale (the “Property”):
IDENTIFICATION:
All buyers are required to have a Bidder’s Number to bid, giving full
name, address, and phone number. Evidence of correct form of deposit
must be made in order to register for the auction.
CONTRACTS AND DEPOSITS:
The successful bidder (the “Buyer”) must sign a sales contract and all
other documents specified by the auctioneer immediately upon
conclusion of the auction. In order to bid, a minimum nonrefundable
deposit of $20,000 (lodge), $10,000 (cabin) and/or $5,000 (each lot) shall
be required to be presented to the auctioneer prior to the sale. The
Buyer’s deposit will be retained by the auctioneer and applied against the
10% deposit specified below. All deposit checks must be in the form of a
cashier’s or certified check. No third party checks will be accepted.
Successful bidders will be required to place a deposit equal to 10% of the
total purchase price of the Property [$20,000 (lodge), $10,000 (cabin)
and/or $5,000 (each lot) minimum deposit in certified funds] at the time of
signing the sales contract. Balance of the 10% deposit (over the minimum
deposit described above) may be a personal or business check. The total
deposit shall be applied to the Buyer’s credit at settlement. The
auctioneer reserves the right to waive or modify the above deposit
requirement at any time. Please note: All cashier’s or certified checks
should be made payable to yourself. The successful bidder will be
required to endorse the check over to Tranzon Fox. See specific Terms
of the Sale for actual deposit requirements.
BUYER’S PREMIUM:
A buyer’s premium of ten percent (10%) shall be added to the successful
bidder’s high bid and included in the total purchase price to be paid by
the successful bidder.
PROPERTY SOLD “AS IS, WHERE IS, WITH ALL FAULTS” WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND:
The Property shall be sold subject to all conditions, restrictions, right-ofway easements, and reservations, if any, of record, filed and unfiled
mechanics and materialmen’s liens, if any, and all other matters of record
taking priority, subject to the rights, if any, of tenants-in-possession, and
further subject to all conditions announced at sale; and confirmation of
the sale by the seller. The property, and all the improvements to the
property, if any, shall be conveyed in "as is" condition and without
warranty of any kind, including any warranty as to the physical condition,
extent of zoning, or environmental conditions (including, without
limitation, the existence of radon gas, formaldehyde gas, airborne
asbestos fibers, toxic chemicals, underground storage tanks, lead, mold
or other pollutants in the soil, air or water).
REAL ESTATE CLOSING:
The Buyer must close the sale of the Property within 30 days (or sooner if
noted in specific terms and conditions). Time is of the essence. The
entire purchase price must be paid by cashier’s or certified check,
attorney’s escrow check, or wired funds at closing. The Buyer’s purchase
of the Property is not contingent on financing. The Property will be
conveyed to the Buyer by deed upon full payment of all amounts due
under this Agreement.
AGENCY:
The Auctioneer is acting as agent on behalf of the seller(s) only, and
reserves the right to protect the seller’s interest by bidding as agent,
unless the Property is being sold absolute to the highest bidder. The
Auctioneer is not responsible for the acts of his agents or principals.
During bidding, the Auctioneer has the right to reject any bid that, in his
opinion, is not commensurate with the Property value. In the event of any
dispute after the sale, Tranzon Fox’s determination shall be conclusive.
MEGAN’S LAW DISCLOSURE
Purchaser(s) should exercise whatever due diligence they deem
necessary with respect to information on any sexual offenders registered
under Chapter 23 (19.2 – 387 et. seq.) of Title 19.2. Such information
may be obtained by contacting your local police department or the
Department of State Police, Central Criminal Records Exchange.
PERSONAL PROPERTY:
Unless stated otherwise, only the Real Estate is being sold. Any personal
property left in the property upon settlement conveys with the real estate.
Seller is not obligated to leave property in “broom clean” condition.
LEAD BASED PAINT:
The ten (10) day inspection period for residential property is prior to the
auction, and the opportunity is hereby waived from and after the date and
time of auction.
REAL ESTATE BROKERS:
A commission (as stated in the Property Information Package) calculated
on the successful buyer’s high bid shall be paid from the proceeds of sale
to the licensed, qualified broker, whose properly registered buyer is the
successful bidder at the auction, and whose buyer completes the
purchase of the Property. Brokers must register their prospective buyer
on the required form completely filled out and signed. In the event a
commission reduction is required to consummate a sale, Fox reserves
the right to proportionately reduce the commission herein. Broker must
accompany their buyer to the Auction. The form is included in the
Property Information Package or may be obtained by calling 757-4733000 and must be submitted to Tranzon Fox no later than 4 pm on the
last business day prior to the Auction. Fax the completed form to 757473-9787.
ADDITION OR WITHDRAWAL FROM SALE; CONDITION OF SALE:
The sale of the real Property shall be contingent upon the seller and
lender's confirmation, unless the sale is specified as absolute at the time
of sale. The Auctioneer reserves the right to withdraw from sale the
Property listed, and also reserves the right to group one or more
properties into one or more selling lots or to subdivide into two or more
selling lots. The Auctioneer reserves the right to cancel the auction sale
up to the time prior to the commencement of bidding. All properties are
sold in gross in all cases. If a subsequent survey by the Buyer shows a
greater or lesser number of acres or square footage this will not affect the
purchase or purchase price.
RIGHTS:
Seller and auctioneer reserve the right to announce additional terms and
conditions at the time of the sale, which additional terms and conditions
will be binding upon the Buyer and the seller(s). All announcements
made the day of sale take precedence over any conflicting prior written or
verbal terms of sale. The Buyer will acquire the Property(s) subject to the
rights of all parties in possession. If any conditions contained herein are
not complied with by the Buyer, Tranzon Fox may, in addition to asserting
all remedies available by law, including the right to hold the Buyer liable
for the purchase price, either (a) cancel the sale, retaining as liquidated
damages any payment made by the Buyer; (b) resell the Property at
public auction; or (c) take such other action as it deems necessary or
appropriate. The retention of the bidder’s deposit shall not limit any rights
or remedies of Tranzon Fox or the sellers with respect to the Buyer’s
default. If the Property is resold, the Buyer shall be liable for payment of
any deficiency in the purchase price and all costs and expenses of both
sales, reasonable attorney’s fees, commissions, incidental damages and
all other charges due hereunder.
JURISDICTIONS:
The respective rights and obligations of the parties with respect to the
Terms and Conditions of Sale and the conduct of the auction shall be
governed and interpreted by the laws of the State of North Carolina. By
bidding at any auction, whether present in person or by agent, by written
bid, or other means, the Buyer shall be deemed to have consented to the
jurisdiction of the state and federal courts sitting in the State of North
Carolina. Any controversy or claim arising from or relating to the contract
or any breach of such contract shall be settled by arbitration administered
by the American Arbitration Association under its rules, and judgment on
the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. This auction is conducted by Tranzon Fox acting as
auctioneer/listing agent. Tranzon Fox is solely responsible for the terms
and conditions of this auction and the manner in which it is conducted.
Tranzon Fox is a member company of Tranzon, L.L.C., is independently
owned and operated, and uses the Tranzon name by license from
Tranzon, L.L.C., which is not conducting or otherwise involved in this
auction.
BROKER ACKNOWLEDGMENT FORM
Must be received by Tranzon Fox one business day prior to auction
REMIT TO:
PROPERTY # FX1696
DATE OF AUCTION: Monday, October 1, Noon
Tranzon Fox
121 Pennsylvania Avenue
Virginia Beach, VA 23462
(800) 868-0458 FAX (757) 473-9787
[email protected]
PROPERTY ADDRESS
___343-360 Charity Lane, Creston, NC 28615____
PROSPECTIVE BUYER NAME
_________________________________________
PROSPECTIVE BUYER ADDRESS _________________________________________
PROSPECTIVE BUYER PHONE # _________________________________________
This shall serve as written notice to register the above referenced Prospective Buyer with Tranzon Fox
with respect to the above referenced property to be sold at Public Auction on the above referenced date.
It is understood and agreed that the broker commission will be governed in accordance with the Terms
and Conditions of Sale or Foreclosure Notice (whichever is applicable) as set forth in the information
package. A commission of 3% of the high bid will be paid to the registered broker named herein if: a)
this Broker Acknowledgment Form is properly completed and submitted; b) the Prospective Buyer named
herein is the highest bidder at the Auction Sale; and c) the Prospective Buyer named herein as the
highest bidder at the Auction Sale executes a Contract of Sale and closes on the sale of the subject
property in accordance with the terms of the aforesaid Contract of Sale. Agents/Brokers acting as
principals or employees, affiliates or immediate family members are not eligible for this commission. In the
event a commission reduction is required to consummate a sale, Tranzon Fox reserves the right to
proportionately reduce the commission to Buyer’s agent. If Tranzon Fox is required to litigate to collect
the commission, reasonable attorney’s fees and costs shall be deducted from the gross commission
collected and the balance shall be divided proportionately. In order to be effective, all Broker
Acknowledgment Forms must be received by Tranzon Fox on or before 4:00 p.m. one business day prior
to the auction. Agents must accompany their buyer to the auction. No Broker Acknowledgment
Forms will be accepted at the auction site.
ACCEPTED:
__________________________________
Broker/Manager Signature
Date
___________________________________
Agent Signature
Date
__________________________________
Broker/Manager Name Printed
___________________________________
Agent Name Printed
Brokerage License No._______________
Agent License No. _______________
___________________________________
Agent Email
___________________________________
Buyer Signature
Date
___________________________________
Real Estate Brokerage Name
_________________ _________________
Phone
Fax
RECEIVED BY TRANZON FOX:
By________________________________
Date_______________________________
REV 072611
NOTE: This contract is for the entirety; wording will be the same for individual parcels with the exception of
shared driveway and water rights as per Addendum
OFFER TO PURCHASE CONTRACT (North Carolina – Residential Contract)
This Agreement is made this _1st_day of October_ , 2012
_______________________________________________________ or assigns, as Buyer, hereby offers to purchase and
Truth Temple Inc. as Seller, upon acceptance of said offer, agrees to sell and convey all of that plot, piece or parcel of
land described below, together with all improvements located thereon and such fixtures and personal property as indicated
below (collectively referred to as “the Property”), upon the following terms and conditions:
1. REAL PROPERTY: Located in Creston, in the County of Ashe, State of North Carolina, being known as and more
particularly described as:
Street Address: 343 & 360 Charity Lane, Creston NC 28615
All The property legally referred to as +/- 138 ac comprising of 3 tax parcels: PIN 17040-004, 17040-003-B, 17040-004
with all improvements thereon.
NOTE: Prior to signing this Offer to Purchase and Contract, Buyer is advised to review Declaration of Condominium, if
any, which may limit the use of the Property, and to read the Declaration of Restrictive Covenants, By-Laws, Articles of
Incorporation, Rules and Regulations, and other governing documents of the owner’s association and/or the subdivision, if
applicable.
2. FIXTURES: The following fixtures, if any, are included in the purchase price free of liens: any built-in appliances,
light fixtures, ceiling fans, attached floor coverings, blinds, shades, drapery rods and curtain rods, brackets and all related
hardware, window and door screens, storm windows, combination doors, awnings, antennas, satellite dishes and receivers,
burglar/fire/smoke alarms, pool and spa equipments, solar energy systems, attached fireplace screens, gas logs, fireplace
inserts, electric garage door openers with controls, outdoor plants and trees (other than in movable containers), basketball
goals, storage sheds, mailboxes, wall and/or door mirrors, and any other items attached or affixed to the Property, EXCEPT
the following: __________________________none___________________________________________________.
3. PERSONAL PROPERTY: The following personal property is included in the purchase price:
________________none- by Separate Bill of Sale____________________________
4. PURCHASE PRICE: Bid Price: $_____________ Byers Premium $__________
Total Purchase Price: $____________. An Earnest Money Deposit: _$_____________, with this offer by:
______________________ , has this day been made, such Earnest Money Deposit to be deposited and held in escrow by
Fox & Associates Partners, Inc. T/A Tranzon Fox (“Broker”) and additional Ernest Money Deposit of $___________
due within 48 hours of fully executed contract to be held until Closing, at which time it will applied as part payment of the
Purchase Price of the Property or disbursed as otherwise provided under the provisions of this contract. Buyer shall pay the
balance of the Purchase Price, $________________ in full and legal tender to Seller at Closing.
In the event this offer is not accepted, all earnest monies shall be returned to Buyer.
NOTE: Demand Note: If any portion of the earnest money deposit is made with a personal check, this contract will
constitute buyer’s personal demand note guaranteeing the check. Should Seller or Auctioneer/Broker be required to pursue
collection on this check or enforcement of this contract, the cost of such collection and Seller’s/Auctioneer’s reasonable
attorney’s fees will be Buyer’s expenses, all unpaid amounts shall accrue interest at a rate of 1.5% per month (18% per year)
until said amount is fully collected.
5. REMEDIES FOR BREACH: In the event of the breach of this contract by Seller, upon Buyer’s request, all earnest
monies shall be returned to Buyer, but such return shall not affect any other remedies available to Buyer for such breach. In
the event this offer is accepted and Buyer breaches this contract, including Buyer’s failure to close as and when required,
then all earnest monies shall be forfeited to Seller, but such forfeiture shall not affect any other remedies available to Seller
for such breach. NOTE: In the event of a dispute between Seller and buyer over the return of the earnest money held in
escrow by Broker, the Broker is required by state law to retain said earnest money in Broker’s escrow account until a written
release from the parties consenting to its disposition has been obtained or until disbursement is ordered by a court of
competent jurisdiction.
Seller Initials ______ ______
Buyer Initials ______ ______
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6. RISK OF LOSS/DAMAGE/REPAIR: Until the Closing, the risk of loss or damage to the Property, except as if and
otherwise provided herein, shall be borne by seller. In the event the Property is damaged so that the Property cannot be
conveyed in substantially the same condition as of the time of the auction, Buyer may elect to terminate this contract and the
Earnest Money Deposit shall be returned to the Buyer. Except as to maintaining the Property in its same condition, Seller
shall have no responsibility for the repair for the Property, including any improvements, unless the parties hereto agree in
writing.
7. CONDITIONS: This contract is NOT contingent on financing. “AS-IS, WHERE-IS” SALE. THERE ARE NO
INSPECTION RIGHTS FOR BUYER. SELER IS NOT OBLIGATED TO MAKE ANY REPAIRS, CHANGES,
IMPROVEMENTS OR OTHER MODIFICATIONS TO THE PROPERTY. PRIOR TO SUBMITTING THE HIGH BID
FOR THE PROPERTY, BUYER DETERMINED THAT THE PROPERTY MEETS ALL LEGAL REQUIREMENTS
FOR BUYER’S INTENDED USE OF THE PROPERTY AND IS NOT SUBJECT TO GOVERNMENTAL OR PRIVATE
RESTRICTIONS THAT WILL INTERFERE WITH SUCH INTENDED USE, INCLUDING, BUT NOT LIMITED TO,
ENVIRONMENTAL REGULATIONS, WETLAND QUALIFICATION, FLOOD HAZARD OR FLOOD PLAIN
DESIGNATION AND SEPTIC SYSTEM SUITABILITY.
8. MOBILE HOME, IF APPLICABLE. All parties acknowledge and agree that the seller warrants and defends title to
the land only. Should there be a mobile home unit situated on the property, title to that mobile home is not being conveyed
and the seller offers only a non-warranty bill of sale or title to convey its interest, if any, to the same. Buyer assumes all risk
associated with the mobile home unit.
9. SPECIAL ASSESSMENTS: Seller warrants that there are no pending or confirmed governmental special
assessments for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and no pending or
confirmed owners’ association special assessments, excepts as follows: ________________none_______________.
(Insert “None” or the identification of such assessments, if any.) Seller shall pay all owners’ association assessments and all
governmental assessments confirmed through the time of closing, if any, and Buyer shall take title subject to all pending
assessments, if any, unless otherwise agreed as follows: _______none_______________.
10. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either
adjusted between the parties or paid at closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year
basis through the date of closing; (b) Ad valorem taxes on personal property for the entire year shall be paid by the Seller
unless the personal property is conveyed to the buyer, in which case, the personal property taxes shall be prorated on a
calendar year basis through the date of closing; (c) All late listing penalties, if any, shall be paid by Seller; (d) Rents, if any,
for the Property shall be prorated through the date of closing; (e) Owner’s association dues, property management fees, and
other like charges shall be prorated through the date of closing.
11. CLOSING EXPENSES: Seller shall provide for deed preparation, pay revenue stamps (statutory recording fees)
required by law, and pay the grantors/land transfer tax. Buyer pays all other costs in this transaction, including but not
limited to recording fees, the expense of any survey or termite inspection ordered by Buyer for the benefit of Buyer,
compensation of the Closing Agent, and preparation fees for any other documents.
12. FUEL: Buyer agrees to purchase from Seller the fuel, if any, situated in any tank on the Property at the prevailing rate
with the cost of measurement thereof, if any, being paid by Seller.
13. TITLE: Title delivered at closing will be a General Warranty Deed. Purchaser’s and Seller’s obligations hereunder
are contingent upon Seller being able to convey good and marketable title to the Property subject, however, to the following
(the “Permitted Encumbrances”): (i) matters that do not render title to the Property unmarketable; (ii) the rights of tenants,
if any; (iii) the lien of ad valorem real estate taxes not yet due and payable; (iv) such state of facts as an accurate survey and
physical inspection of the Property would reveal; and (v) ordinary and customary easements, encumbrances and other
restrictions of record. If, prior to settlement hereunder, Purchaser identifies a title defect other than the Permitted
Encumbrances, Seller shall have the opportunity, but not the obligation, to attempt to cure the title defect, and Seller may in
its sole discretion extend the settlement date accordingly. If Seller does not elect to attempt to cure the title defect, or if
Seller attempts but is not successful in curing the title defect, Purchaser shall have the option to; (1) terminate this
Agreement, in which case Seller shall instruct the Auction Firm to return the Deposit to Purchaser and neither party shall
have any further obligation or liability to the other; or (2) waive the title defect and proceed to settlement hereunder, without
any adjustment or modification of the Purchase Price. If an owner’s title insurance policy can be obtained without
extraordinary exception or with affirmative protection over any title defect, Purchaser shall be required to waive its
objection to the title defect.
Seller Initials ______ ______
Buyer Initials ______ ______
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14.
PROPERTY DISCLOSURE: North Carolina Residential Property Disclosure Statement attached unless raw
land or foreclosed real estate. If raw land or foreclosed real estate, exempt from N.C. Residential Property Disclosure
Statement.
15. LEAD BASED PAINT ADDENDUM: Attached, if property was built prior to 1978.
16. WOOD DESTROYING INSECTS: No reports are available, and Seller makes no representations.
17. CLOSING AND POSSESSION: Possession of the property shall be the date of Closing, subject to existing leases.
Possession shall be delivered at Closing, which shall take place on or before 30 days from contract ratification. TIME IS
OF THE ESSENCE.
18. ENTIRE AGREEMENT: This contract and any signed Addendums constitute the sole and entire agreement of the
parties hereto and there are no representations, inducements or other provisions other than those expressed herein. No
modification shall be binding unless in writing and signed by all parties hereto.
19. SURVIVAL OF REPRESENTATIONS AND WARRANTIES: All representations, warranties, covenants and
agreements herein made by the parties shall survive the Closing. Seller shall, at or within six (6) months after the Closing,
and without further consideration, execute, acknowledge and deliver to Buyer such other documents and instruments and
take such other action as Buyer may reasonably request or as may be necessary to more effectively transfer to Buyer the
Property described herein in accordance with this contract.
20. TAX-DEFERRED EXCHANGE: In the event Buyer or Seller desires to effect a tax-deferred exchange in connection
with the conveyance of the Property, Buyer and Seller agree to cooperate in effecting such exchange; provided, however,
that exchanging party shall be responsible for all additional costs associated with such exchange, and further, that a nonexchanging party shall not assume any additional liability with respect to such tax-deferred exchange. Seller and Buyer
shall execute such additional documents, at no cost to the non-exchanging party, as required to give effect to this provision.
21. APPLICABLE LAW: This contract shall be construed under the laws of the state of North Carolina.
22. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties, i.e., Buyer and Seller and
their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the
feminine and neuter genders, as appropriate.
BUYER:
SELLER:
________________________________________(SEAL) _________________________________________(SEAL)
Date:___________________________________
Date:____________________________________
________________________________________(SEAL) _________________________________________(SEAL)
Date:___________________________________
Date:____________________________________
Buyer Address:___________________________________________________________________________________
Buyer Phone: ____________________________________________________________________________________
Attorney Name:______________________________
Attorney Name:______________________________
___________________________________________________________________________________________________
Broker acknowledges receipt of the earnest money deposit and agrees to hold and disburse the same in accordance
with the terms hereof.
Date: _____________ Firm: __________________________________________________________________
By: ____________________________________________ (signature)
Auctioneer/Broker: Fox & Associates Partners, Inc. T/A Tranzon Fox (NC RE License C9540 , NCAL 4953)
Auctioneer/Broker represents the Seller.
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