ONLINE ONLY
November 2nd at 8am -November 9th at 12pm
INSPECTION
October 26th from 1pm until 4pm
November 2nd from 9am until 12pm
November 9th from 9am until 12pm
All Other Times At Buyers Leisure and Liability - There are temporary stairs in place the Auctioneers and Bankruptcy Trustee are not responsible for falls or injuries that may occur during a property Inspection.
PROPERTY DESCRIPTION
Brunswick County
Parcel ID 257JD015
Deed Book 4838, Page 728
Charles Fox Homes was the Builder of Record. It will be the RESPONSIBILITY of the Buyer to contract with the existing contractor or a contractor of your own to insure a builders risk policy once the auction has concluded and the sale has been confirmed by the United Bankruptcy Court, Western District of North Carolina, Charlotte Division.
The house currently is in the dry, all rough in inspections have passed and insulation has been installed. It is our understanding that the house is ready for sheetrock, but it is the buyer's ultimate RESPONSIBILITY to check with the local code enforcement official to confirm. The purchaser will be required to contract with a NC Licensed General Contractor and have that contractor place the property on their builders risk insurance policy within 3 business days upon entry of the confirmation order.
Please check the Documents Section for the house plans, CAMA Documents and Stormwater Plans
CLICK HERE FOR A VIRTUAL TOUR OF THIS PROPERTY
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CLICK HERE FOR AN INTERACTIVE MAP OF THIS PROPERTY
AUCTION MANAGER
Will Lilly
[email protected]
All items in this auction are selling “AS-IS, WHERE IS” with all faults, if any. Iron Horse Auction Company, Inc. makes no representations or warranties, expressed or implied, concerning the items being sold. Descriptions of the items are believed to be correct, but are not guaranteed. It is the Buyer’s responsibility to conduct any inspections prior to the auction. All due diligence periods end the date the auction is scheduled to end and prior to the end of the auction. It is possible that the property being sold is subject to local, state and federal regulatory authorities and it is the Buyer’s responsibility to ascertain if they are subject to regulation and permitting. Iron Horse Auction Company, Inc. has attempted to find or locate all information deemed material facts. Ultimately, it is the Buyer’s responsibility to inspect all aspects of the items before placing a bid. No sale shall be invalidated by the Buyer as a result of he/she not conducting their own inspection prior to placing a bid or doing due diligence. It is automatically acknowledged by placing a bid that you have personally inspected the property, hired an agent to inspect the property, or waived your right to inspect the property.
The purchaser will be required to contract with a NC Licensed General Contractor and have that contractor place the property on their builders risk insurance policy within 3 business days upon entry of the confirmation order.
Importance of Terms:
Please take the time to read the following set of terms and conditions for the online auction. When you register to bid, you will have to acknowledge that you have read these terms and conditions. If you intend to register for the auction, the following terms and conditions will pertain to you.
Agency:
Iron Horse Auction Company, Inc. is acting as agent of the Seller and at no time acting on behalf of the Buyer.
Buyer's Premium:
There will be a Ten Percent (10%) Buyer’s Premium added to the final bid price to determine the final contract purchase price. In order to verify that the credit card used for registration is valid, the bidding platform requires a $100.00 authorization hold be placed on credit cards in order to register to bid. This charge will be removed within a 24-hour time period after registration.
Auction Ending:
Iron Horse Auction Company, Inc. online auctions are timed events, and all bidding will begin to close at a specified time. Iron Horse Auction Company, Inc. online auctions also have an auto-extend feature. Any bid placed in the final 5 minutes for an auction item will automatically add 5 minutes to the time at which the bid was placed. Example: If an auction item is scheduled to close at 3:00 and receives a bid at 2:56, the close time will automatically extend to 3:05. The auto-extend feature will continue until there is a 5-minute period without a bid being placed on each item in the auction.
Time Reduction:
In the event that the auto-extend time needs to be decreased, Iron Horse Auction Company, Inc. may decrease the extended time amount at any time during the auction until the close of bidding. A Pop-Up Message in the Instant Message Center on the bidding page will notify Bidders prior to the time reduction.
Outbid / Back-In Notification:
During the auction process, there is a chance that you will be outbid. If this occurs, you will receive an outbid notification. The bidding software will notify Bidders by email or by text message, depending upon your notification preferences. Bidders may also find out if they have been outbid by watching the auction closing online. Due to varying internet connections and speed, sometimes email notifications can be delayed. We are not responsible for failure of any part of the bidding process or internet bidding.
Property Information & Inspection:
Iron Horse Auction Company, Inc. is not responsible for any missing or incorrect listing information. Iron Horse Auction Company, Inc. has attempted to provide accurate descriptions; however, it is the Bidder's responsibility to conduct inspections to determine the condition and feasibility of the Bidder’s intended use. Descriptions that are provided by Iron Horse Auction Company, Inc. are provided in good faith and are matters of opinion. It is automatically acknowledged by registering that you have personally inspected the property, hired an agent to inspect the property, or waived your right to inspect the property. Placing a bid creates a contractual agreement to purchase the property at the high bid price plus a Buyer’s Premium and any additional fees included in closing the real property transaction.
Auctioneer's Discretion:
Iron Horse Auction Company, Inc. has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and the convenience of Iron Horse Auction Company, Inc. and/or the Seller.
Server & Software Technical Issues:
In the event there are technical deficiencies related to the servers, software or any other online auction-related technologies, Iron Horse Auction Company, Inc. and the Seller reserve the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software (MarkNet Alliance) nor Iron Horse Auction Company, Inc., or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Iron Horse Auction Company, Inc. will send email notifications to registered Bidders with updated information in the event of an auction ending modifications.
Payment Terms:
The Buyer's Premium is added to the high bid price to create the contract purchase price. An earnest money deposit in the amount of TWENTYPERCENT (20%) of the final contract purchase price is required at the execution of the Auction Purchase Contract. The earnest money deposit is non-refundable and shall be in the form of a cashier's check, cash, or wire transfer. In the event the Seller cannot produce a deed with insurable title, the earnest money deposit will be refunded. The Purchaser shall be responsible for all wire transfer fees. The closing will be as specified in the Auction Purchase Contract. This online only auction is a cash transaction and is not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by the Bidders and/or Buyers at auction registration and specified in the Auction Purchase Contact on the event page of each specific auction.
Confirmation Hearing
The confirmation hearing will be held on November 13, 2023, at 9:30 am at the United States Bankruptcy Court, Charles Jonas Federal Building, Courtroom 2B, 401 West Trade Street, Charlotte, North Carolina.
Auction Purchase Contract:
The purchaser will be required to execute the auction purchase agreement in its entirety by November 12th at 5pm. Including submission of the earnest money deposit.
Closing:
The closing shall occur on or before 30 days past the entry of the confirmation order. In the event of the Buyer exercising the purchase of the property via a 1031 Tax Deferred Exchange, additional time may be provided beyond the initial 30 day period.
Closing Costs:
Buyer’s closing costs can include new boundary survey, title search fees, title insurance premiums, recording fee of documents, Buyer’s prorated items and any other fees required for closing. Seller’s closing costs are limited to their portion of the prorated tax, revenue stamps and the cost of deed preparation. It is understood that the purchaser must hire an attorney to act as a settlement agent, which includes but is not limited to the preparation of settlement statement, distribution of funds and recording of all required documents. The Purchaser shall have the right to have a title examination made at the expense of the Purchaser.
Property Condition:
All property in this auction is selling “AS-IS, WHERE-IS” with all faults, if any. Iron Horse Auction Company, Inc. makes no representations or warranties, expressed or implied, concerning the property. Descriptions of the property are believed to be correct but are not guaranteed. It is the Buyer’s responsibility to conduct any inspection prior to the auction. All due diligence periods end the date the auction is schedule to end, and prior to the end of the auction. It is possible that the property being sold is subject to restrictive covenants and homeowner’s association rules, regulations, and dues. Iron Horse Auction Company, Inc. has attempted to find or locate all information deemed material facts. Ultimately, it is the Buyer’s responsibility to inspect all aspects of the property before placing a bid. No sale shall be invalidated by the Buyer as a result of he/she not conducting their own inspection prior to placing a bid or doing due diligence. It is automatically acknowledged by placing a bid that you have personally inspected the property, hired an agent to inspect the property or waived your right to inspect the property.
Legal Interpretations:
The laws of the State of North Carolina and the United States Bankruptcy Code shall interpret this document.
Disputes:
Any and all disputes, claims or causes of action arising out of or relating to the sale shall be heard in the United States Bankruptcy Court, Western District of North Carolina having jurisdiction over G and W Industrial Properties LLC.; Case 23-30454. The bidder agrees that the Bankruptcy Court shall retain the exclusive and sole jurisdiction to resolve any controversy or claim arising out of or relating to the sale or the implementation or the breach of any contract resulting from the sale. The bidder consents to the core jurisdiction of the Bankruptcy Court, to the constitutional authority of the Bankruptcy Court to enter a final judgment and agrees to waive any right to a jury trial in connection with any disputes related to or arising out of its participation in the sale.
Auction Bidder and/or Buyer Default:
The successful Bidder and/or Buyer not executing and returning the contract with the earnest money deposit by November 12, 2023 by 5 pm will be considered in default and will be black-flagged in our database as a Non-Paying Bidder and will no longer be allowed to participate in our auctions. Iron Horse Auction Company, Inc. reserves the right to sell to the next highest qualified Bidder in the event the successful high Bidder does not comply with the terms of the sale. If this happens, the Defaulted Bidder shall be responsible for the difference in the original purchase price and the Back-up Bidder purchase price. By bidding on the property, the Buyer agrees to all terms and conditions set forth. The contract is required to be fully and correctly completed, without any modifications and properly signed. A contract that is incomplete, incorrect, or modified in any respect, is considered to be in default. By registering and placing a bid, you agree that if you happen to become a Default Bidder, you will be responsible for the difference in the original purchase price and the Back-up Bidder purchase price.
Auction Cancellation – Bid Rejection:
Iron Horse Auction Company, Inc. reserves the right to reject any and all bids for any reason. Iron Horse Auction Company, Inc. reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding even if a bid has been placed, unless the auction is advertised Without Reserve.
Acceptance of Bid Prices:
All bids are subject to U. S. Bankruptcy Court confirmation. The successful Bidder and/or Buyer will be required to enter into a Purchase Agreement immediately following the close of the auction that will be submitted to the Court for confirmation. Iron Horse Auction Company, Inc. will email documents to be executed and they need to be faxed or emailed back to Iron Horse Auction Company, Inc. by November 12, 2023, at 5 pm.. Successful Bidders and/or Buyers not executing and returning contracts with earnest money deposit within the stated time period, will be considered in default. Any and all inspections that a Buyer may want must be completed at the Buyer’s expense prior to the end of the auction. Iron Horse Auction Company, Inc. reserves the right to sell to the next highest qualified Bidder if the winning Bidder is in default of these terms. Winning Bidder and/or Buyer must execute the contract with no changes, modification, additions, or deletion. In the event that you find yourself as a Bidder in default, you will be black-flagged as a NON-PAYING BIDDER and will not be allowed to participate in any further Iron Horse Auction Company, Inc. auctions.
Title:
Property will be conveyed by Trustee's Deed, free and clear of any liens or encumbrances accompanied with a Bankruptcy Court Confirmation Order.
Deed:
Trustee's Deed.
Possession:
Not given until closing and further specified in the Auction Purchase Contract.
Real Estate Taxes and Closing Cost:
Prior years taxes will be paid by the Seller. Current year taxes will be prorated to the day of closing using the most current available year’s tax amount. HOA fees and condominium assessments, if any, will be prorated up to the date of closing. The purchaser will pay all other closing costs associated with the purchaser’s side of the sale, including local and state recording fees.
Easements:
Subject to any and all easements recorded or unrecorded.
Zoning:
This property is subject to all state and local zoning ordinances.
Acreage & Aerial Photos:
Parcel dimensions and acreages are based on legal descriptions. Aerial photos are for illustration purposes only and not surveyed boundary lines.
Bidder Verification:
The identity of all Bidders will be verified. Bidding rights are provisional, and if complete verification is not possible, Iron Horse Auction Company, Inc. will reject the registration, and bidding activity will be terminated. The Seller and Iron Horse Auction Company, Inc. reserve the right to refuse service to any person who they feel to be fraudulent.
Bidder Responsibilities:
Bidder responsibilities include but are not limited to the following: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the website, you must obey any and all local, state, and federal laws. Violations will result in termination of website use privileges. Iron Horse Auction Company, Inc. and its employees may bid on auctions. We gather aggregate information from the website, which may include but is not limited to, the number of page visitors, most visited pages, and any and all correspondence.
Guaranty Agreement:
By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees earnest money payment to Iron Horse Auction Company, Inc and the subsequent closing and payment in full at that time.
Age Requirement:
All Bidders must be eighteen (18) years of age