Saturday, January 22, 2022 at 10:00 am — SALE SITE: COOSA VALLEY FAIRGROUNDS, ROME, GA
ROME, FLOYD COUNTY, GA
The Estate of Daniel Moreno Ceballos, Estate # 21E29774,
Home, Shop & Garages located at 307 Wilkerson Rd SW
3 B/R 1 Ba SFR Home located at 202 Marigold Rd SW
(14) Developed & Platted Building Lots in Stone Haven Subdivision
(2) Building Lots located on Whitehead St SW
VEHICLES—CONSTRUCTION EQUIPMENT—BOBCAT SKID STEER & ATTACHMENTS—TRAILERS—BUILDING SUPPLIES—HAND TOOLS—YARD TOOLS
SALE SITE: COOSA VALLEY FAIRGROUNDS, ROME, GA
VEHICLES & EQUIPMENT TOOL & PERSONAL PROPERTY TO INCLUDE:
- 1976 Ford F111Y
- 2015 Chevrolet Express G2500
- 2003 Ford 550
- 2010 Chevrolet Express Van
- 2015 Toyota Highlander
- 2015 Chevrolet Express G2500
- 1972 Ford F750
- 2009 Chevrolet Express Van
- 2001 Ford DRW Super Duty
- 2003 GMC Savana Cutaway
- 2006 Dodge Sprinter 3500
- 2008 Chevrolet express Van G1
- 1978 Ford F150 P/u
- Several Trailers
- Bobcat Mini Excavator
- Bobcat Skid Steer
- Construction Tools
- Power Tools
- Yard Tools (Chain Saws, Blowers, Weed Eaters)
- Construction Supplies -Trim, Lumber, Windows etc
- Plumbing Supplies and Fixtures
This is a partial list and subject to modification. All items to be sold at auction, will be on site at 307 Wilkerson Rd Wed. Jan.19. Full list found here with pictures [Click Here]
Online Bidding available for rolling stock ONLY.
REAL ESTATE INSPECTION: The lots are Open for Inspection. We will show the homes by private showing. Contact our office for your appointment.
PERSONAL PROPERTY INSPECTIONS: Dempsey Representatives will be at 307 Wilkerson Rd on Wed, Thurs, & Fri, Jan 19-21 from 11:00 am-5:00 pm.
SALE SITE: The Auction will be conducted at the Coosa Valley Fairgrounds, 1400 MLK Blvd, Rome, GA.
TERMS: 10% Buyer’s Premium to be charged on all Purchases.
- Real Estate—10% down with a balance due on or before 30 days from above date.
- Personal Property and Rolling Stock—All Purchases shall be paid for in FULL on Sale Day by Cash, Credit/Debit Card (3.5% Convenience Fee), Certified Check, or Personal/Company Check with Bank Letter guaranteeing Payment to DEMPSEY AUCTION CO, for this pecific Auction. 7% sales tax will be charged and collected on the full purchase price (VEHICLES EXCEPTED) unless purchaser has a valid sales tax resale or exemption certificate and executes the appropriate form on sale day—NO EXCEPTIONS. Shipping not available.
CHECKOUT: Removal begins at 1:00–5:00 on Sat, Jan 22 and Sun, Jan 23 9:00-4:00. Purchases may be removed from 307 Wilkerson Rd upon successful payment of invoice. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!
BROKER 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
EVERYTHING WILL BE SOLD at ABSOLUTE AUCTION, REGARDLESS OF PRICE
For plats, brochures, inventory lists, Pre-Registration, or further sales information on this auction, call us by name at 800.DEMPSEY.
GAL #113 & #2431 DEMPSEY AUCTION CO REL#H-4921
EXHIBIT “A”
TERMS AND CONDITIONS
The Daniel Moreno Ceballos Estate
Rome, Floyd County, GA
Saturday, January 22nd @ 10:00am
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 the Daniel Moreno Ceballos Estate, Sharon Bradley, Administrator (Seller), TO OFFER AT ABSOLUTE AUCTION, certain parcels of real estate located in Rome, Floyd 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. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had a ten (10) day inspection period prior to the auction for assessment of possible lead-based paint hazards.
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 sole discretion; to add or withdraw all or any portion of the property before the auction on Saturday, January 22nd @ 10:00 am. These properties are Selling Absolute, Regardless of Price.
CONVEYANCE: All property will be conveyed by an Administrator's Deed with title insurance available at the Purchaser's expense.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Rome, Floyd County regulations, protective covenants, any existing rights of way, and all other matters now of record or shown on attached plat.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful bidders will be emailed the contract package to execute and return to Dempsey Auction Co. Successful bidders will deposit 10% of the Contract 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 shall be responsible for all wire transfer fees. Successful high bidders 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.
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.
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.
SURVEY: No surveys were performed for this auction. Every property is being conveyed by the legal description contained within the actual deed of record in the Office of the Clerk of Superior Court of Floyd County.
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 firm will be McRae Smith Peek in Rome. We encourage you to contact Ms. Kelly Steele at the firm as soon as possible to discuss the closing – 706.291.6223.
CLOSING COSTS: The Seller will provide an Administrators Deed, unless otherwise disclosed, at closing. If for some reason the Seller is unable to convey good and marketable title to the property, unless otherwise noted, 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 February 21, 2022. These properties are selling Subject to the Rights of the Tenants at Will and any and all Existing Leases, where applicable. Seller to retain February rent and Buyer to retain March rent.
TAXES: The Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they 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 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 of 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 and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information.
METHOD of SALE: 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
The Daniel Moreno Ceballos Estate
Rome, Floyd County, GA
Saturday, January 22nd @ 10:00am
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 the Daniel Moreno Ceballos Estate, Sharon Bradley, Administrator (Seller), TO OFFER AT ABSOLUTE AUCTION, certain parcels of real estate located in Rome, Floyd 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. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had a ten (10) day inspection period prior to the auction for assessment of possible lead-based paint hazards.
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 sole discretion; to add or withdraw all or any portion of the property before the auction on Saturday, January 22nd @ 10:00 am. These properties are Selling Absolute, Regardless of Price.
CONVEYANCE: All property will be conveyed by an Administrator's Deed with title insurance available at the Purchaser's expense.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Rome, Floyd County regulations, protective covenants, any existing rights of way, and all other matters now of record or shown on attached plat.
ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful bidders will be emailed the contract package to execute and return to Dempsey Auction Co. Successful bidders will deposit 10% of the Contract 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 shall be responsible for all wire transfer fees. Successful high bidders 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.
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.
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.
SURVEY: No surveys were performed for this auction. Every property is being conveyed by the legal description contained within the actual deed of record in the Office of the Clerk of Superior Court of Floyd County.
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 firm will be McRae Smith Peek in Rome. We encourage you to contact Ms. Kelly Steele at the firm as soon as possible to discuss the closing – 706.291.6223.
CLOSING COSTS: The Seller will provide an Administrators Deed, unless otherwise disclosed, at closing. If for some reason the Seller is unable to convey good and marketable title to the property, unless otherwise noted, 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 February 21, 2022. These properties are selling Subject to the Rights of the Tenants at Will and any and all Existing Leases, where applicable. Seller to retain February rent and Buyer to retain March rent.
TAXES: The Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they 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 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 of 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 and all announcements made from the auction stand take precedence over all other verbal, printed, announced and/or distributed information.
METHOD of SALE: 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”.