Saturday, August 12, 2023 at 10:00 am — On-site
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA
69± ACRES OF FARMLAND – CHATTOOGA RIVER FRONTAGE
HWY 100 SOUTH OF MILE MARKER 9 & 10Property to be offered in 5 Tracts, Combinations of Tracts, & as a whole, in its entirety.
Owner Financing Available
The farm features Equipment Barn, fenced & cross-fenced, an existing sod field, electricity & public water readily available with 2 water meters, and an existing septic disposal tank on site.
Great location with riverfront lots offering beautiful views and a peaceful atmosphere. The Chattooga River’s popularity for kayaking, canoeing, and a tranquil river lifestyle is definitely something to appreciate. Enjoy the serene surroundings and the opportunity to explore the river’s waters at your leisure!
This property also features excellent homesites and will be ideal for horses, cattle & row crops. The previous owners used a portion of this farm for sod farming and the sod fields are still in place.
The perfect setting for recreational property such as kayaking, canoeing, and camping. There is easy access to the river for launching watercraft and the fishing is excellent with 1000+/- feet of Chattooga River frontage.
Project Manager: Tommy Atha – 706.936.0504 – tatha@dempseyauction.com
OPEN FOR INSPECTION: The property is OPEN for Inspection anytime. Dempsey Representatives will be on-site Friday, August 11th from 1:00-4:00 pm.
SALE SITE: On-site under the Dempsey Tent. (Hwy 100S just past mile marker 10)
ONLINE BIDDING: Online Participation/Bidding is available through our Online MarkNet Platform.
TERMS AND CONDITIONS: 10% Buyer’s premium will be charged on all purchases. 10% down with a balance due on or before 30 days from contract acceptance or Owner Financing is Available. Contact our Office for precise Financing Terms.
CO-BROKERAGE PARTICIPATION: Dempsey Auction Co will pay any licensed Broker/Agent a referral commission for any registered client who successfully closes on the property. CONTACT OUR OFFICE FOR PRECISE DETAILS. SEE FORM ABOVE.
For Surveys, Brochures, Inventory Lists or Additional Sales Information on this auction, call us by name @ 1-800-DEMPSEY (800-336-7739)
DON’T MISS THIS OPPORTUNITY TO PURCHASE CHATTOOGA RIVERFRONT PROPERTY AT YOUR PRICE!
EXHIBIT “A”
TERMS AND CONDITIONS
Abney and Fountain Properties LLC
Summerville, Chattooga County, GA
Saturday, August 12th @ 10:00 AM
These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract as Exhibit “A” which will prevail over this document and any other agreement between the Buyer and Seller.
CONDITIONS OF SALE: Dempsey Auction Company (Auctioneer/Broker) has entered into a contract with Abney and Fountain Properties LLC (Seller) TO OFFER AT AUCTION, 69+/- acres along with all improvements, if any, located in Summerville, Chattooga County, GA.
All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed, or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum, or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer, or any agent thereof. Buyer acknowledges and agrees that at closing there may be the existence of equipment, personal property and/or scrap materials located upon or within the property and agrees to accept the same in AS IS condition.
We require all bidders to register and obtain a bid number in order to participate in the bidding process. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during or after the auction.
The Seller has the right, at their discretion; to add or withdraw all or any portion of the property before the auction on Saturday, August 12, 2023, at 10:00 am. This is an OWNER CONFIRMATION AUCTION, reserving the right to hold all offers open until Monday, August 14th, 2023 @ 5:00 pm.
CONVEYANCE: All property will be conveyed by Limited Warranty Deed with title insurance available at the Buyer’s expense.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any Leases, Restrictions, Public Utilities, Encroachments, Zoning Ordinances, Chattooga County Regulations, Protective Covenants, Any Easements or Existing Rights of Way, and all other matters now of record or shown on attached plat. A portion of this property lies on the 100-year Flood Plain. Selling subject to a 30’ Ingress/Egress Easement benefiting tracts 14, 15, and 16 as depicted on the plat recorded in Plat Book 14 – Pg 657 in the Clerk’s Office of Chattooga County, GA.
The property does have an existing Septic Disposal System that was installed prior to Dempsey Auction Company contracting to sell this property. We have no knowledge of the legality or compliance of said system, and the purchaser does hereby release Dempsey Auction Company and their agents/representatives from all matters concerning the Septic Sewerage Disposal System.
PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on all real estate today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the final purchase price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest-bearing escrow account under the control of Dempsey Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful Purchaser(s) will be emailed the contract package to execute and return to Dempsey Auction Co. Successful Purchaser(s) will deposit 10% of the Contract Sales Price as earnest money in the form of cashier’s check or bank wire transfer with Dempsey Auction Co within 24 hours of receipt of the contract package. The entirety of the remaining balance is due at closing as stipulated in the “Terms and Conditions”. Purchaser(s) shall be responsible for all wire transfer fees. Successful Purchaser(s) not executing and returning their contract with earnest money deposit within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. The bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
DEFAULT: In the event, a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.
SURVEY: Subject property being conveyed by a survey performed by Carl Morrison, RLS 1686. Said plat being recorded in plat book 14 page 657 in the Probate Office of the Clerk of the Superior Court of Chattooga County, Ga. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release Dempsey Auction Company and Seller from all liability in all matters concerning the survey.
FINANCING: Owner Financing is available to qualified buyers. 10% down on sale day with an additional 20% down payment at closing, balance to be financed for a 7-year period at 7.5% interest with a 25 yr Amortization, with 83 equal monthly payments and the 84th payment being a balloon for the remaining balance. The loan to be secured by the financed property with a personal guarantee with NO Pre-Payment penalty.
CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. The closing attorney is Mr. Albert Palmour of Palmour Law Firm LLC, 9933 Commerce Street, Summerville, GA. We encourage you to contact: Ms. Andrea Hall in Mr. Palmour’s office as soon as possible to discuss and schedule the closing – 706-857-5544 – Ext. 227 or realestate@palmourlaw.com.
CLOSING COSTS: The Seller will provide a Limited Warranty Deed, at closing. If for some reason the Seller is unable to convey good and marketable title to the property, the Purchaser(s) Earnest money deposit will be returned.
All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense.
POSSESSION: Purchaser(s) will be granted possession of real estate at closing, on or before September 12th, 2023
TAXES: The 2023 Real Estate property taxes will be prorated to the date of closing. Any additional taxes assessed resulting from the change of use by the purchaser will be the responsibility of the purchaser.
AGENCY: The Auctioneer is acting as agent for the seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between the seller and the Auctioneer. The Auctioneer is not acting as an agent for the purchaser in this transaction. Any third-party broker is not a sub-agent of the Auctioneer.
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information.
METHOD of SALE: Choice of tracts by the acre. We reserve the right to offer the property in tracts, combination of tracts, and by the whole. DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Agent of the Seller”, and our fiduciary duties of loyalty and faithfulness are owed to the Seller.
NOTE: This auction is being recorded by audio in its entirety for legal purposes.
I have received, read, understand, and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “A”.
TERMS AND CONDITIONS
Abney and Fountain Properties LLC
Summerville, Chattooga County, GA
Saturday, August 12th @ 10:00 AM
These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract as Exhibit “A” which will prevail over this document and any other agreement between the Buyer and Seller.
CONDITIONS OF SALE: Dempsey Auction Company (Auctioneer/Broker) has entered into a contract with Abney and Fountain Properties LLC (Seller) TO OFFER AT AUCTION, 69+/- acres along with all improvements, if any, located in Summerville, Chattooga County, GA.
All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition. No warranties, either statutory or otherwise, expressed, or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum, or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer, or any agent thereof. Buyer acknowledges and agrees that at closing there may be the existence of equipment, personal property and/or scrap materials located upon or within the property and agrees to accept the same in AS IS condition.
We require all bidders to register and obtain a bid number in order to participate in the bidding process. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during or after the auction.
The Seller has the right, at their discretion; to add or withdraw all or any portion of the property before the auction on Saturday, August 12, 2023, at 10:00 am. This is an OWNER CONFIRMATION AUCTION, reserving the right to hold all offers open until Monday, August 14th, 2023 @ 5:00 pm.
CONVEYANCE: All property will be conveyed by Limited Warranty Deed with title insurance available at the Buyer’s expense.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any Leases, Restrictions, Public Utilities, Encroachments, Zoning Ordinances, Chattooga County Regulations, Protective Covenants, Any Easements or Existing Rights of Way, and all other matters now of record or shown on attached plat. A portion of this property lies on the 100-year Flood Plain. Selling subject to a 30’ Ingress/Egress Easement benefiting tracts 14, 15, and 16 as depicted on the plat recorded in Plat Book 14 – Pg 657 in the Clerk’s Office of Chattooga County, GA.
The property does have an existing Septic Disposal System that was installed prior to Dempsey Auction Company contracting to sell this property. We have no knowledge of the legality or compliance of said system, and the purchaser does hereby release Dempsey Auction Company and their agents/representatives from all matters concerning the Septic Sewerage Disposal System.
PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on all real estate today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the final purchase price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest-bearing escrow account under the control of Dempsey Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful Purchaser(s) will be emailed the contract package to execute and return to Dempsey Auction Co. Successful Purchaser(s) will deposit 10% of the Contract Sales Price as earnest money in the form of cashier’s check or bank wire transfer with Dempsey Auction Co within 24 hours of receipt of the contract package. The entirety of the remaining balance is due at closing as stipulated in the “Terms and Conditions”. Purchaser(s) shall be responsible for all wire transfer fees. Successful Purchaser(s) not executing and returning their contract with earnest money deposit within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable.
TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to Bidder. The bidder acknowledges and understands that this service may or may not function correctly the day of the auction. Under no circumstances shall Bidder have any kind of claim against Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.
DEFAULT: In the event, a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.
SURVEY: Subject property being conveyed by a survey performed by Carl Morrison, RLS 1686. Said plat being recorded in plat book 14 page 657 in the Probate Office of the Clerk of the Superior Court of Chattooga County, Ga. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release Dempsey Auction Company and Seller from all liability in all matters concerning the survey.
FINANCING: Owner Financing is available to qualified buyers. 10% down on sale day with an additional 20% down payment at closing, balance to be financed for a 7-year period at 7.5% interest with a 25 yr Amortization, with 83 equal monthly payments and the 84th payment being a balloon for the remaining balance. The loan to be secured by the financed property with a personal guarantee with NO Pre-Payment penalty.
CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. The closing attorney is Mr. Albert Palmour of Palmour Law Firm LLC, 9933 Commerce Street, Summerville, GA. We encourage you to contact: Ms. Andrea Hall in Mr. Palmour’s office as soon as possible to discuss and schedule the closing – 706-857-5544 – Ext. 227 or realestate@palmourlaw.com.
CLOSING COSTS: The Seller will provide a Limited Warranty Deed, at closing. If for some reason the Seller is unable to convey good and marketable title to the property, the Purchaser(s) Earnest money deposit will be returned.
All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense.
POSSESSION: Purchaser(s) will be granted possession of real estate at closing, on or before September 12th, 2023
TAXES: The 2023 Real Estate property taxes will be prorated to the date of closing. Any additional taxes assessed resulting from the change of use by the purchaser will be the responsibility of the purchaser.
AGENCY: The Auctioneer is acting as agent for the seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between the seller and the Auctioneer. The Auctioneer is not acting as an agent for the purchaser in this transaction. Any third-party broker is not a sub-agent of the Auctioneer.
BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information.
METHOD of SALE: Choice of tracts by the acre. We reserve the right to offer the property in tracts, combination of tracts, and by the whole. DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Agent of the Seller”, and our fiduciary duties of loyalty and faithfulness are owed to the Seller.
NOTE: This auction is being recorded by audio in its entirety for legal purposes.
I have received, read, understand, and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “A”.