FOR ADDITIONAL INFORMATION, PLEASE CALL: www.tranzon.com

Auction Number: FX1451
Auction Date and Time:
Tuesday, April 25, 2:00pm
Inspection Date and Time:
Drive by Anytime
Property Location:
100± acres in Section 2, -19-27
Carroll County, AR
Auction Location:
Eureka Springs Court House
44 S. Main Street
Eureka Springs, AR 72632
Property Information: 100.7± acres of rolling pasture and timber approximately 3 miles from
Beaver Lake in Carroll County, Arkansas. Access from two sides via county roadways - County
Road #152 (formerly known as CoRd 612) and County Road #150 (formerly known as CoRd 611).
The A1 Agriculture zoned tract is approximately 10% open and 90% wooded. Electricity and
telephone available. Subject is located in Zone X, outside the 100-year flood plain (FEMA
Floodplain Map 0500240016 A, dated June 14, 1977). Great property for hunting or outdoor
recreation and close to Bear Lake.
Cooperating Broker’s Fee: Up to 2% of the high bid will be offered to a properly registered broker
at settlement.
Directions: To Property: From Eureka Springs go South on Hwy 21 eight and one half miles to
CoRd 108, then west 3 miles to CoRd 105, then west and north 2 miles to CoRd 152, turn north on
152 1/2 mile to property. The property is on the Left (east) side of CR 152 and the Right (west side)
of CR 150.
To Auction Location: Approaching from the west, go East on US Hwy 62 to Peerless St then left on
Peerless to AR-23, S Main St, proceed .3 mile to court house.
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 a binding deposit of 10% of the purchase price with a
minimum deposit of $5,000 in guaranteed funds. A cashier’s check, certified check, cash or money
order made payable to yourself in the amount of $5,000 must be shown at registration. Company and
personal checks accompanied by a Bank Letter of Guaranty (a sample Bank Letter is enclosed) will
also be accepted. Balance of contract price is due at closing within 30 days. Estate may require up
to five business days to approve contract. Seller will provide deed and title at closing. Please see the
Contract for Sale of Real Estate and the Terms & Conditions in this package for all of the sale terms.
FOR ADDITIONAL INFORMATION, PLEASE CALL:
Marty Rogers, Tranzon Rogers -- Tel: 800-544-5186
AR Broker Lic. PB00060144 • Tim Mast, AR Auctioneer Lic. 1955
www.tranzon.com
TERMS AND CONDITIONS OF SALE
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, LLC, is independently owned and
operated, and uses the Tranzon name by license from Tranzon, LLC, which is not conducting or otherwise involved in this auction.
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 must sign all documents and contracts
immediately upon conclusion of the auction. In order to bid, a
minimum non-refundable deposit shall be required at the time of
sale in the form of a cashier’s or certified check. Successful
bidders will be required to place a binding deposit of 10% of the
purchase price with a minimum of $5,000 in certified funds.
Company and personal checks accompanied by a Bank Letter of
Guaranty will also be accepted. Please note: All cashier’s or
certified checks should be made payable to yourself. You will
endorse the check over to Tranzon Fox when you are the
successful bidder. See specific Terms of the Sale for actual deposit
requirements.
PROPERTY SOLD “AS IS, WHERE IS, WITH ALL FAULTS”
WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND:
The real property shall be sold subject to conditions, restrictions,
right-of-way easements, and reservations, if any, of record, filed
and unfilled 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 by the seller.
REAL ESTATE CLOSING: Buyers must close sales of real
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. No purchase is contingent on
financing. Buyer is entitled to a deed for property upon full
payment. Estate may require up to five business days to approve
contract.
REAL ESTATE BROKERS:
A commission of up to 2% calculated on the successful buyer’s
high bid shall be paid to the licensed, qualified broker, whose
properly registered buyer is the successful bidder at the auction,
and whose buyer purchases the property. A broker shall not be
entitled to any commission on any sale to an affiliated entity or an
immediate family member. 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 may be obtained by calling 757-473-3000 and must be
submitted to Tranzon Fox no later than close of business on the
day prior to the Auction.
Purchaser Signature ________________________________
Purchaser Signature ________________________________
ADDITION OR WITHDRAWAL FROM SALE;
CONDITION OF SALE:
Property selling subject to motivated seller's confirmation,
unless specified as absolute. 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.
These properties are sold in gross 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.
AGENCY:
The Auctioneer is acting as agent on behalf of the sellers
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 the Principal’s agents or the Principal. During
bidding, the Auctioneer has the right to reject any raise that,
in his opinion, is not commensurate with the property value.
In the event of any dispute after the sale, Tranzon Fox
record of final sale shall be conclusive.
RIGHTS:
All announcements made the day of sale take precedence
over any prior written or verbal terms of sale. Buyers will
acquire properties 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 defaulting buyer liable for the purchase price, either (a)
cancel the sale, retaining as liquidated damages any
payment made by such 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 original defaulting buyer shall be liable
for payment of any deficiency in the purchase price and all
costs and expenses, the 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 Arkansas. 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 Arkansas. 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.
SAMPLE LETTER OF BANK GUARANTY
(MUST BE WRITTEN ON BANK STATIONERY)
Date
Tranzon Fox
121 Pennsylvania Avenue
Virginia Beach, VA 23462
(800) 868-0458 FAX (757) 473-9787
Attn:
Elizabeth E. Fox
RE:
Property No.:
Auction Date:
FX1451
April 25, 2006
Dear Ms. Fox:
Please be advised that (NAME OF BANK) will guaranty payment of checks issued by (BIDDER’S
NAME AND COMPANY NAME [if applicable]), on (ACCOUNT #) up to the amount of (BANK
GUARANTY LIMIT) for purchases to be made at the above referenced auction.
This Guaranty is null and void after (FILL IN DATE THAT IS TWO WEEKS AFTER AUCTION
DATE).
Should you have any questions, please contact (BANK OFFICIAL) at (BANK TELEPHONE
NUMBER).
Sincerely,
(MUST HAVE SIGNATURE)
Name of Bank Officer
Title
5
Broker Participation Terms
100± acres in Section 2, -19-27, Carroll County, AR
Property# FX1451
A commission will be paid based on the following schedule to any properly licensed real estate broker whose
Buyer/Bidder is the successful purchaser for this property and who actually closes and pays the Total Contract Sale
Price for this Property.
FOR FX1451, THE FOLLOWING TERMS APPLY:
TWO PERCENT (2%) commission will be paid on any presale or written opening bid amount shown on the BROKER
REGISTRATION FORM attached herewith or available upon request. Written opening bids must conform to terms
described below in order to be honored.
ONE PERCENT (1%) commission will be paid on the balance remaining between the written opening bid amount
shown on the Broker Registration Form and the High Bid (not including buyer’s premium).
IF AN OPENING BID IS NOT WRITTEN ON THE BROKER PARTICIPATION FORM, THEN A ONE PERCENT (1%)
COMMISSION WILL BE PAID TO THE BROKER ON THE SUCCESSFUL HIGH BID.
THE MAXIMUM BROKER PARTICIPATION WILL NOT EXCEED TWO PERCENT (2%) OF THE HIGH BID.
To earn the foregoing applicable commission:
Participating broker must register his buyer/bidder by filling out the broker registration form in full, along with this
Terms form, and must fax them to Tranzon Fox at 757-473-9787, to be received not later than 1 business day prior
to the auction. Broker must be licensed in the State of Arkansas. The registration must include the signature of
both the broker and the buyer/bidder. It will be the responsibility of the Broker to verify receipt by Tranzon
Fox of the registration at 757-473-3000. Broker must show the property in person to his Buyer/Bidder. Broker must
attend and register with his Buyer/Bidder at the auction.
Broker agrees that Broker will not claim any exceptions to the foregoing procedures.
Broker agrees that no oral registration will qualify Broker for commission
Broker agrees that Broker’s commission will be due upon final closing of the purchase by his Buyer/Bidder with all
consideration paid in full.
Broker agrees that only the first registration of prospective Buyer(s)/Bidder(s) will be accepted and honored. No
amendments to registration opening bids will be accepted.
Broker agrees that commission will ONLY be paid at time of closing and will be disbursed by Escrow Agent.
Broker agrees that it shall hold harmless and indemnify Tranzon Fox, including its reasonable attorney’s fees, from
any and all claims with regard to such commission.
Broker must attach a copy of these terms, executed by the broker below, with each registration.
I agree to the terms set forth herein.
____________________________________
_________________________________
Broker Signature
Bidder/Buyer Signature
Broker Participation Terms
100± acres in Section 2, -19-27, Carroll County, AR
Property# FX1451
Name of Broker: _______________________________
Name of Company: _____________________________
Name of Sales Associate: ________________________
Broker License Number: _________________________
Address: ______________________________________
City, Sate, Zip: _________________________________
Phone Number: ________________________________
Fax Number: ___________________________________
Bidder/Buyer Name: _____________________________
Address: ______________________________________
City, Sate, Zip: _________________________________
Phone Number: _________________________________
The undersigned buyer/bidder makes the following opening bid(s):
FX1451 $_____________________________
Date: ____________________________
_________________________________________
Signature of Broker
________________________________________
Signature of Bidder/Buyer
*Bidder/Buyer acknowledges that it understands the Broker Participation Terms and if Bidder/Buyer is the
successful purchaser at the auction and successfully closes the transaction, said broker will receive a
commission from the sale.
RECEIVED BY TRANZON FOX:
BY: _________________________________
DATE: _____________________________