Bidding Starts: Tuesday, August 6, 2024 at 10:00:00 am CT

Extended Bidding: Each item in this auction is subject to a Soft Close, meaning any bid arriving within the last 5 minutes of the item’s closing time, extends the time that item is open by 5 minutes.

Location: 1151 Dry Creek Rd, Smithville, TN 37166

Auction Preview

Thursday, August 22, 2024 from 2:00PM to 4:00PM C.T.

Payment Method

Twenty percent ( 20%) payable on the day of the sale and the balance due upon confirmation of sale by the court. For more information contact Susan Martin, DeKalb County Circuit Court Clerk at 615-597-5711

Buyer's Premium: There is no buyer's premium in effect at this auction.

DISCLAIMERS

All items are sold "as-is" and "where-is" with no warranties expressed or implied.

Auction Agreement: By submitting a bid in this auction, bidders agree to be bound by the terms and conditions of the sale as follows:

Court Auction: The property will sell to the highest bidder upon Court Confirmation. This is a Circuit Court Auction wherein the high bid shall remain open for a period of 10 (ten) days from the closing of the auction.  Should the bid be raised by 10%, the Circuit Court Clerk will set the final ending date for the auction. 

Response to Inquiries: For any questions / inquiries submitted to Tays Realty & Auction, LLC by phone (931-526-2307), email (bidding@taysauctions.com) or facsimile (931-520-7761) after regular office hours of Monday-Friday, 8:00 AM to 5:00 PM C.S.T., a staff member of Tays will respond within 24 hours after the receipt of the communication. Communications directed to any other phone numbers or emails may experience a longer response time.

Auction Ending – Real Estate: Beginning at the stated closing time, the auction software will conclude bidding for the auction lots with the following exception: if a bid is placed in the last five (5) minutes remaining for any of the auction lots, bidding for that lot will remain open for an additional five (5) minutes. Example: Auction ending time is 10:00 AM. A bid is made at 9:57 AM. The bidding is then extended to 10:02 AM.

Auction Ending with Timed Ending - Real Estate: 'Timed Ending' is a feature where the Auction Ending time for multiple lots is linked together. Should a bid be placed on any lot in the last five (5) minutes remaining, bidding for ALL lots within that 'Timed Ending' will remain open for an additional five (5) minutes. The lots that are contained within any 'Timed Ending' will be indicated in the Description field by a 'TIMEDENDING' in the bottom right of the field. Example: Auction ending time is 10:00 AM. A bid is made at 9:57 AM on at least one of the 'Timed Ending' lots. The bidding is then extended to 10:02 AM for ALL lots within that 'Timed Ending'.

Buyer's Premium: There will not be a 10% buyers premium for this auction

Outbid Notification: The bidding software will notify bidders by email when they have been outbid. Bidders can also check their My Account -> My Bids or My Favorites for real-time status of items. Items the bidder is no longer winning will be marked with a red 'losing' indicator. Items the bidder is winning will be marked with a green 'winning' indicator.

Agreement of Purchase and Sale:  The purchaser(s) shall execute an agreement of purchase and sale, in the form provided by the DeKalb County Circuit Court Clerk, without modification, immediately after being declared the high bidder.

Payment: The purchaser(s) shall pay an amount equal to 20% of the total contract sales price to the DeKalb County Circuit Court Clerk, on the day of the sale. The DeKalb County Circuit Court Clerk. shall accept the following forms of payment: wire transfer or personal check. There may be a fee associated with payment of the deposit or purchase money by wire transfer. Contact the Auctioneer if you intend to pay this way.

Escrow Agent: The deposit, earnest and purchase monies in respect of the property shall be paid to and deposited with the DeKalb County Circuit Court Clerk.

Deed: Seller shall provide a free-and-clear Clerk's Deed unless otherwise stated.

Taxes: 2024 taxes will be prorated to date of deed.

Closing: Upon Court Confirmation. The closing shall be handled by Susan Martin, DeKalb County Circuit Court Clerk, (615) 597-5711.

Closing Costs: No closing costs will be paid by the seller.

Cash Sale: This is a cash sale and is not contingent on purchaser’s ability to obtain financing.

Possession: Purchaser will receive possession at closing.

As-Is Sale: The Purchaser shall accept the property in an as-is condition with all faults as of the closing date and the purchaser shall specifically agree that the seller has not and does not make any representations or warranties of any kind whatsoever, expressed or implied, to the purchaser regarding the property or any improvements thereon. The property is selling subject to anything an accurate survey or personal inspection of the property may reveal, including any existing rights-of-way, easements or claims to easements, encroachments, rights or claims of parties in possession, restrictive covenants and easements, flood zones, zoning or subdivision regulations, building codes, governmental agencies regulations, environmental conditions, lead-based paint, asbestos, radon gas, hazardous materials, any mineral rights, water rights, riparian or littoral rights, and reservations or conveyances, if any. The purchaser shall have satisfied himself as to the location and condition of the property, and all descriptions thereof, before bidding. All information contained in the brochure and all promotional materials, including, but not limited to, square footages, acreage, dimensions, maps, taxes, etc., was provided by the seller or obtained from public record and is believed to be correct; however, neither the seller nor the auctioneer makes any guarantee or warranty as to the accuracy or completeness of such information.

Easements: Sale of the property is subject to any and all easements of record.

Survey: The property will be conveyed according to the existing legal description from the previous and last conveyance unless stated that a new, current or existing survey is available.

Agency: Tays Realty & Auction, LLC and its representatives are exclusive agents of the Seller and are agents of no other party to this transaction.

Equal Opportunity Clause: All bidding is open to the public. The property is available to qualified purchasers without regard to a prospective purchaser’s race, color, religion, sex, familial status, national origin, or physical handicap.

Online Auction Bidding Software Disclaimer: This is an “As-Is” Site. You accept that you use the Site to your own risk and without any guarantees or promises from Tays Realty & Auction, LLC or its Sellers. This includes the functionality and operation of the Site. Tays Realty & Auction, LLC does not guarantee that the Site will be operational 100% of the time. Tays Realty & Auction, LLC does not guarantee that you will always be able to access the auctions listed on the Site. The Site is usually available 24 hours a day, 7 days a week. However, we retain the right to make the Site unavailable from time to time for any reason. Therefore, subject to the approval of the Probate Court for DeKalb County, Tennessee:

-Tays Realty & Auction, LLC shall not be liable for any damages arising from any interruption, suspension, or termination of the Site.

-Tays Realty & Auction, LLC, in its sole discretion, may:

--Terminate or suspend access to any bidder for any reason to our Site.

--Terminate or suspend any bidder's registration to bid and bidder account. Bidders guarantee that the information they supply to Tays Realty & Auction, LLC is accurate. Users agree to indemnify and hold Tays Realty & Auction, LLC harmless from any lawsuit based on users’ negligence or activities.

--Suspend bidding on any individual lot and/or all lots in any auction at any time.

--Extend the bidding ending date & time for any individual lot and/or all lots in any auction at any time.

Information contained herein believed to be correct but not guaranteed. Announcements made day of auction or published / distributed on www.taysauctions.com prior to the stated online auction ending time take precedence over previously published