Real Estate Auction


SALE ID: 7523-1    PROPERTY ID: 210795

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1501 HWY 321 W HICKORY, NC 28601

DESCRIPTION
A newly constructed, one-story commercial retail building containing 14,537+/- sf on approximately 4.557 acres. The property is located on the northwest corner of U.S. Highway 321 NW and 14th Avenue Circle NW. Both arterials are multi-lane, with traffic counts exceeding 52,000 vehicles per day. Access to the property is offered on 14th Avenue Circle NW.

AUCTIONED
10:30 AM Tuesday, December 8, 2009

SALE LOCATION
On-Site

INSPECTION
11am-2pm Fri Nov 20th, 27th, Dec 4th and 2 hours before sale.

NOMINAL OPENING BID
$50,000

Note: A Buyer’s Premium will apply for this property. Please see Terms of Sale for details.

DISCLOSURES
PROPERTY MAY BE SUBJECT TO UNDISCLOSED CITY/COUNTY REQUIREMENTS FOR TRANSFER AND BUYER AGREES TO BE RESPONSIBLE FOR COMPLIANCE INCLUDING ALL COSTS AND REMEDIATIONS THAT MAY BE NECESSARY INCLUDING BUT NOT LIMITED TO ESCROWING OF FUNDS, IMPROVEMENT UPON PROPERTY ETC. Each high bidder must make a 10% ($2,500 MINIMUM - whichever is greater) non-refundable deposit per property immediately following auction. Cash, cashier's checks, and personal checks (electronically processed) are accepted. Seller shall have 7 business days to approve the high bid. CLOSING SHALL TAKE PLACE ON OR BEFORE 30 DAYS FROM SELLERS ACCEPTANCE DATE. A 3% Buyers premium will apply to this property .

LEGAL DESCRIPTION
Beginning at an iron rebar set located along the southwestern margin of the right of way of US Highway 321, said iron rebar set also being located at the northeastern most corner of that certain property owned by Chen Fee, LLC (now or formerly) as described in that certain document recorded in Book 2527 at Page 424 and Book 2527, Page 438 of the Catawba County Registry and the southeastern most corner of that certain property owned by Linwood M. Brittain (now or formerly) as described in that certain document recorded in Book 1218 at Page 656 of the Catawba County Registry, and said iron rebar set being located S 39-33-17 E a distance of 10.79 feet from an existing right of way monument located along said southwestern margin of the right of way of US Highway 321, said iron rebar set also being located N 74- 09-18 E a distance of 0.88 feet from a ¾" existing iron pipe; running thence from said Beginning point along said southwestern margin of the right of way of US Highway 321 S 39-33-17 E a distance of 208.55 feet to an iron rebar set; thence continuing along the southwestern margin of the right of way of US Highway 321 S 39-19-42 E a distance of 37.18 feet to an iron rebar set at the northernmost corner of a new roadway (14th Avenue Circle N.W.); thence leaving the southwestern margin of the right of way of US Highway 321 and running along the northern boundary of the right of way of said new road the following three (3) courses and distances: (1) S 56-58-29 W a distance of 76.36 feet to an iron rebar set; (2) along the arc of a circular curve to the right having a radius of 474.00 feet an arc distance of 339.31 feet (said arc being subtended by a chord having a bearing S 77-28-56 W and a chord distance of 332.11 feet) to a nail set; and (3) N 82-00-36 W a distance of 158.11 feet to an existing No. 4 rebar; thence leaving the northern margin of the aforesaid new road and running along the eastern property line of Record Properties, Inc. (Book 2121 Page 844 and Book 2381 Page 1274) N 08-00-19 E a distance of 166.63 feet to an iron rebar set; running thence along the northern property line of the aforesaid property owned by Record Properties, Inc. N 84-53-10 W a distance of 401.25 feet to an existing 1 1/4" pipe located in the boundary of the aforesaid property owned by Linwood M. Brittain; running thence along the common boundary lines of the aforesaid property owned by Chen Fee, LLC and the aforesaid property owned by Linwood M. Brittain the following two (2) courses and distances: (1) N 29-48-28 E a distance of 182.45 feet to an existing ¾" angle iron; and (2) S 83-24-29 E a distance of 678.68 feet to the point or place of Beginning, containing 4.557 acres and being more particularly shown on that certain ALTA Survey dated September 8, 2004 prepared by Allied Associates, P.A., reference to which survey is hereby made.

Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Potential purchasers are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the seller or their agents.

For up-to-date information on this and other properties, visit www.williamsauction.com

Or, call 800.801.8003 to speak to a Customer Service Representative and request more information about any property in this sale.

TERMS OF SALE

Registration at the auction confirms your agreement to the terms and conditions of sale as stated in the Contract for Sale and its Addenda (the 'Contract') which are incorporated by reference into your bidding. DO NOT BID unless you have registered, received a Bidder's Card and Sale Day Notes (or online disclosures) and have read and agreed to be bound by the terms of sale and the Contract as they are enforceable against you upon bidding.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. Williams & Williams represents the Sellers only and does not inspect properties on bidder's behalf. Read the Contract, Sale Day Notes, and the Property Information Package to determine the existence of any disclosures, exclusions, representations and disclaimers. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.

Buyers receive a deed and insurable title to each property, as evidenced by the Title Insurance offered by the Closer indicated in the Contract. Current year's property taxes are pro-rated through day of closing as customary.

A Buyer's Premium of 3% will be added to the high bid and included in the total purchase price.

Each high bidder must make a 10% non-refundable deposit per property immediately following auction. Cash, cashier's checks, and personal checks (electronically processed) are accepted. If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. The balance of the purchase price and all closing costs are due at closing. Closing costs will include title exam, title policy, closing fee, filing costs and any other fees noted. If for any reason Seller does not perform or accept the terms of the Contract, the sole remedy shall be the return of Buyer's deposit.

Bidding starts at the nominal Opening Bid(s) indicated and is open to the public. The Auctioneer will call the sale and control any increments of bidding. To make a bid, raise your hand or Bid Card to be recognized. The bidding usually takes less than 3 minutes for each property. Absentee bids may be accepted at the discretion of the Auctioneer. The Auctioneer reserves the right to enter bids on behalf of absentee bidders as specified in 21 NCAC 4B. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Auctioneer's attention and corrected. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.

Your inspection of the property(ies) and attendance at this auction are at your own risk. Broker and Seller, their agents and employees, expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(ies). All persons enter the property(ies) and attend the auction at their own risk and shall defend, indemnify, and save harmless Broker and Seller, their agents and employees, from any and all liability attendant thereto.

All auctions are subject to court or seller approval. Most sales are approved within 7 days. Buyers are not allowed possession until Closing and filing of the deed, at which time the property should be re-keyed. If for any reason the court or Seller approval is not granted, the Down Payment shall be returned in its entirety to the high bidder. "Showing" requests from Buyers after the auction may not be able to be accommodated.

Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Please read the Contract and Sale Day Notes for a full and complete understanding of Williams & Williams and Seller's disclaimers. Bidders are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the Seller or their agents and employees. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.

Auction Network
TERMS & CONDITIONS OF SERVICE

The property offered in this auction will be offered and sold by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). Any questions regarding the auction process or a property should be directed to Williams & Williams or its designated representative. Auction Network, LLC ("Auction Network") serves solely as the online bidding service (the "Service") for Williams & Williams. Your use of the Service is governed by these Auction Network Terms & Conditions of Service, and the Auction Network Terms of Use located at the following URL: http://www.auctionnetwork.com/Site/TermsOfUse.asp, as amended from time-to-time by posted notices or oral announcements made during any auction.

Williams & Williams serves as the auctioneer, and represents the owner of the property at auction. The auction and conveyance of each property shall be governed by property specific Contract for Sale, Sale Day Notes, Disclosures, and the Williams & Williams Terms & Conditions of Sale. These documents govern your bid and the sale of each property, and can be accessed and reviewed at the Williams & Williams property specific web page.

DO NOT BID unless you have read the Williams & Williams Terms & Conditions of Sale, the Contract for Sale, Property Disclosures, and the Sale Day Notes for each property. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.

In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale, the Williams & Williams Terms & Conditions of Sale shall control in each instance.

Auction Network has no authority to, and does not provide, any guarantee, warranty, or covenant, of any kind or nature, regarding a property. Per the Williams & Williams Terms & Conditions of Sale, all properties auctioned are otherwise sold "AS-IS, WHERE-IS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the respective seller, and with no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.

Auction Network assumes no risk, liability or responsibility for the authenticity of the authorship of any property or livestock offered at this auction (that is, the identity of the creator or the period, culture, source or origin, or lineage, as the case may be, with which the creation of any property is identified).

The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive.

Any property may be withdrawn by Auction Network or Williams & Williams at any time before the actual sale without any liability therefore. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he or she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject such advance.

These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions of Sale, as well as the online buyer's rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Oklahoma. By bidding at this auction, whether in person or by agent, order bid, telephone, online, or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma.

You are registering to bid on the following properties, and as stated above, your bid, and the sale of the property, will be governed by the property specific Williams & Williams Contract for Sale, Disclosures, Sale Day Notes, and Terms & Conditions of Sale. Each of these documents are available for your review at the Williams & Williams property specific web page. DO NOT BID unless and until you review these documents. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE PROPERTY SPECIFIC CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE.

SALE SCHEDULE

Friday, September 17, 2010 Properties for Sale
8:00AM CDT
Online Only Auction

569 Peach Orchard Rd, Mayodan, NC 27027

8:00AM CDT
Online Only Auction

5521 Keren Dr, Greensboro, NC 27405

8:00AM CDT
Online Only Auction

2305 Montrose Avenue, Winston Salem, NC 27101

8:00AM CDT
Online Only Auction

235 Sweet Gum Drive, Nebo, NC 28752

Monday, September 20, 2010 Properties for Sale
8:00AM
99 Millstone Ln Tuckasegee, NC 28783

99 Millstone Ln, Tuckasegee, NC 28783

10:30AM
19 Pleasant Run Asheville, NC 28806

19 Pleasant Run, Asheville, NC 28806

7091 US Hwy 25/70, Marshall, NC 28753

2:30PM
101 Belvedere Lane Waxhaw, NC 28173

101 Belvedere Lane, Waxhaw, NC 28173

934 Treasure Place, Concord, NC 28025

5:15PM
302 Lakeview Road Mocksville, NC 27028

302 Lakeview Road, Mocksville, NC 27028

4000 Sylvia St, Winston Salem, NC 27104

7:15PM
208 Newberry St Jamestown, NC 27282

4007 Crescent Ave., Trinity, NC 27370

4038 Rollingwood Drive, Trinity, NC 27370

208 Newberry St, Jamestown, NC 27282

208 Adams Street, Kernersville, NC 27284

8:30PM
161 Trestle Way Mount Airy, NC 27030

161 Trestle Way, Mount Airy, NC 27030

Tuesday, September 21, 2010 Properties for Sale
9:30AM
104 Quail Ridge Road Havelock, NC 28532

104 Quail Ridge Road, Havelock, NC 28532

Friday, October 01, 2010 Properties for Sale
8:00AM CDT
Online Only Auction

Lot 10 Shonnette Drive, Burlington, NC 27215

8:00AM CDT
Online Only Auction

1244 Renfrow Rd, Clinton, NC 28328

8:00AM CDT
Online Only Auction

1052 Rulnick Street, Fayetteville, NC 28304

8:00AM CDT
Online Only Auction

804 S 7TH St, Wilmington, NC 28401

8:00AM CDT
Online Only Auction

310 Oakland Dr, Fayetteville, NC 28301

8:00AM CDT
Online Only Auction

348 Woodruff St, Mount Airy, NC 27030

8:00AM CDT
Online Only Auction

1040 E Fork Rd, Marshall, NC 28753

8:00AM CDT
Online Only Auction

1077 Hiawassee St, Murphy, NC 28906

8:00AM CDT
Online Only Auction

416 Ruby Knoll Lane, Franklin, NC 28734

8:00AM CDT
Online Only Auction

1112 Pennsylvania Avenue, Washington, NC 27889

8:00AM CDT
Online Only Auction

749 Mosswood Ln, Fayetteville, NC 28311

8:00AM CDT
Online Only Auction

1015 W Main St, Williamston, NC 27892

8:00AM CDT
Online Only Auction

16 N Park Road, North Wilkesboro, NC 28659

Thursday, October 07, 2010 Properties for Sale
8:00AM
227 Cabin Run Lane Murphy, NC 28906

227 Cabin Run Lane, Murphy, NC 28906