The Gilbert Ellzey Carmichael Estate
Stonewall, MS
Property offered Live & Online by the Ultimate Choice Bidding Method
Auction Location:
Clarke County Center
1200 Erwin Road
Stonewall, MS 39363
Thursday, September 7, 2017 @ 12:00 PM
Auction Properties Featured:
Wainwright Avenue Home, 4 Bedroom, 4 Bath, 3,237 Sq. Ft. on a 2.21 +/- Acre Lot
Recreational Park 19.36 +/- Acres with Pool, Stage Area and RV Pads
Mill Property to Include: 30.44 +/- Acres, Mill Factory Building, Mill Store Building, Warehouse Facility, Metal Shop Building
5.68 +/- Acre Lot adjacent to City Baseball Field
5.12 +/- Acre Tract with Barn
Four Commercial Buildings: 331 Erwin Rd., 333 Erwin Rd., 335 Erwin Rd., 337 Erwin Rd.
4.47 +/- Acres next to Dollar General
8 Lots on Church Street
Barbee Cove Lot
.59 +/- Acre Lot
10% Buyer's Premium, Properties to be Sold "As-Is, Where Is"
The size and area noted is derived from third party information.
PROPERTY IS OFFERED UNDER THE SPECIFIC TERMS PROVIDED. PLEASE READ AND REVIEW THE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. IF YOU HAVE NOT READ AND REVIEWED THE TERMS and all DOCUMENTATION PROVIDED at www.taylorauction.com IN REGARD TO THE CONTRACT OF THE PURCHASE AND SALE OF REAL ESTATE, DO NOT BID.<br>
<br>
Ultimate Choice Bid Method Terms and Conditions: All Terms are set by the Seller. Selling Subject to Seller’s Confirmation. <br>
<br>
<br>
This Ultimate Choice Bid Method Auction is conducted live and online. Bidders can bid online and live at the Clarke County Center, Stonewall, MS. The lots are offered individually first and then lots may be grouped for further bid participation. Taylor Auction & Realty, Inc. (TAR) has the sole authority to resolve any bidding disputes as they may arise.<br>
<br>
This auction is set for manual approval. You may register for the auction but your registration is reviewed and an email is sent to your after your registration is approved. After approval, before you bid, please print from the Files Section the “Working with a Real Estate Broker” form. After review, please acknowledge with your signature above Customer line that you understand that you are not being represented by our firm. This form is required by the MS Real Estate Commission to define agency to sellers, buyers, and customers. When you bid via the auction method, your participation is as a customer. Please sign and return this form to us via email or via fax acknowledging this disclosure. <br>
<br>
In addition, if interested in Lot 1, please print the Property Condition Disclosure Statement, review and acknowledge receipt of the report. In addition, please sign and date above Buyer before Offer and return to us by mail, email or fax. <br>
<br>
Email: [email protected] Fax: 662.227.1653 Physical: P.O. Box 357 Grenada, MS 38902<br>
<br>
Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction to provide an accurate description of the property. Real Estate selling AS IS and neither the Seller nor Taylor Auction & Realty, Inc. make any warranties or representations, express or implied, as to the habitability or condition of the real property It is encouraged that you inspect the property you wish to purchase PRIOR TO THE ONLINE AUCTION. Any reliance on the contents shall be solely at the bidder's risk. No sale is contingent upon a property inspection by the successful bidder after the auction or is the sale contingent upon Buyer obtaining financing. Printed statements or descriptions by staff or seller are provided in good faith and are matters of opinion. Bidders must conduct and rely solely upon their own investigations and inspection in regard to condition and feasibility of the bidder's intended use. The property is being sold 'AS IS' with any and all faults. Please review all information supplied, and seek appropriate assistance prior to bidding.<br>
In regard to Inspection, please call 662-226-2080 to speak to Benny or Ruthie Taylor<br>
<br>
Auction End Times: <br>
There is an extended bidding feature on our website. Therefore, please be online before closing to bid further if activity extends the bids. All online only real estate auctions are timed events and all bidding will close at a specified time unless bids are placed in the last ten minutes. Since this auction is utilizing the Ultimate Choice Bidding Method this auction employs the extend-all feature. The extend-all feature extends the bidding for all lots on the auction. The auction has an extend-all feature of 10 minutes. This means if the end time is 6:00 pm and auto extend is set at 10 minutes, and a bid is placed 9 minutes before the end of the auction, this will only extend the auction to 6:01 pm. The actual end time shown for the auction is the end time for all items and other bidders are always given the amount of time supplied as auto extend to consider placing a bid. Please note that this feature changes the actual end time of the auction and that no notification of this extension is currently in place. So stay present at the end of the auction to achieve your lot or if you are outbid on one lot, you may choose another. Refresh the time to stay abreast of the ending time. Our online auctions move quickly, especially at the ending time! If you are interested in bidding, bid quickly. If you win you are notified by email. <br>
<br>
Time Increase or Decrease: Taylor Auction & Realty, Inc. may increase or decrease the extended time amount at any time during the auction until the close of bidding.<br>
<br>
Registration, Bid Requirements and Outbid Notifications:<br>
<br>
In order to have enough time to conduct authorizations, registration must be completed at least 24 hours in advance of the end of the auction. If the day before an auction falls on a holiday or weekend, the deadline is the day before the holiday or the Friday prior to the <br>
auction.<br>
<br>
In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. This is to insure good communication between Taylor Auction & Realty, Inc. and the bidder throughout any transactions. Each bidder's identity is verified. Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity is terminated.<br>
<br>
Our online auctions move quickly! If you are interested in bidding, do not delay. Bid quickly; especially at the close of bidding time. The bidding software will notify bidders by email or text when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections/ speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email or text notifications can be delayed. If you win you are notified by email.<br>
<br>
Taylor Auction & Realty, Inc. is conducting the auction live and online. The bid center location for this auction is <br>
Bid Center Location: Clarke County Center, 1200 Erwin Road, Stonewall, MS 39363<br>
<br>
INTERNET BIDDING INCREMENTS: $500.00<br>
<br>
ORDER OF AUCTION: Offering - The real estate is offered as a whole by the dollar.<br>
<br>
Ultimate Choice Bidding Method: This catalog will extend after 12 noon depending on online and live bidding activity.<br>
<br>
BUYER’S PREMIUM: <br>
A 10 % Buyer’s Premium is added to your final bid to equal the contract price.<br>
<br>
ULTIMATE CHOICE BIDDING METHOD: <br>
You may bid on a combination of parcels or a single parcel. In this catalog, you can bid on a combination of vacant lot parcels or just one also. If a vacant lot is in a combination, the ultimate choice bid method will allow you to extract a single parcel from a combination subject to a specified increase over the current high bid.<br>
<br>
Opening bids are entered on each parcel individually for a base price to begin the bidding of the tracts individually or to assist with combinations. This allows bidders to bid on any tract, group the tracts in any desired combination, or bid the whole property, subject to a specified increase over the current high bid. <br>
<br>
Auction Contract(s): At the close of the auction, successful bidders must execute a contract within 24 hours of the end of the auction. TAR will be in Stonewall for contract execution. Successful bidders will deposit 10% of the contract price per property in the form of cashier's check or wire transfer to Taylor Auction & Realty, Inc. The entirety of the remaining balance is due within 45 days at closing. This online auction is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by Bidder and or Buyers at registration prior to bidding and specified in the Contract for Sale of Real Estate. Purchaser is responsible for all wire transfer fees. You are closing on property on which you are the successful bidder in the final manner in which you bid at the auction.<br>
<br>
AUCTION BID DEFAULT: Successful bidder not executing and returning the contract with earnest money deposit within 24 hours of the conclusion of the auction is considered in default. In the event a winning bidder fails to submit the signed Contract for the Sale and Purchaser of Real Estate and 10% of High Bid Price in earnest money deposit, the winning bidder is charged a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Taylor Auction & Realty, Incorporated and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Taylor Auction & Realty, Inc. reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale.<br>
<br>
LIQUIDATED DAMAGES: If the buyer does not close within the stated time frame detailed in the contract, the escrow deposit is automatically forfeited by the buyer. If such action occurs, Taylor Auction & Realty, Inc. hereby has the right to disperse the deposit as stated in the listing agreement and the buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost and additional cost of auction as not defined in this agreement. <br>
<br>
Taylor Auction & Realty, Inc.'s INVOLVEMENT IN THIS CONTRACT: Taylor Auction & Realty, Inc. is the agent of the seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the seller). Auctioneer has the right to sell the property in any form or fashion that is legal and ethical in order to produce the best offer to the seller. Taylor Auction & Realty, Inc. is not acting as a buyer's agent. TAR reserves the right to remove or cancel the bids and or bidding rights and privileges of any party, deemed not to be in the best interest of the seller, at any time. The seller and buyer hereby agree that Taylor Auction & Realty, Inc. is a part of this contract and shall receive compensation as stated in the Contract to Purchase Real Estate. <br>
<br>
BIDDER BROKER PARTICIPATION: A Broker Participation Form is available under the “View Documents” section of the webpage. If you are utilizing a broker for bidding assistance, the Bidder Broker Participation form should be completed by you and your broker 24 hours before the auction starts.<br>
<br>
SPECIAL INSTRUCTIONS: Any special instructions must be written on sales contract today.<br>
CLOSING: Time being of the essence, each sale contract must close within the 45 day period. The Seller will convey clear title to the property and is responsible for only deed preparation. ALL OTHER closing costs i.e. survey fees, title work are the responsibility of purchaser.<br>
<br>
CLOSING LOCATION/AGENT: Closing agent/location is provided no later than ten (10) days after the auction date.<br>
<br>
TAXES: 2017 Taxes are prorated to the day of closing. Any prior taxes are paid at closing by the Seller.<br>
<br>
CLOSING TIME: Within 45 days and upon approval of the seller. Seller has reserved 60 days to remove personal property items.<br>
<br>
POSSESSION: Purchaser shall receive possession of property at closing.<br>
<br>
MINERAL RIGHTS: Seller to retain the mineral rights that are owned by the Seller if any.<br>
<br>
ACREAGE AND AERIAL PHOTOS: Parcel Dimensions and acreages are based on legal descriptions. Aerial photos are for illustration purposes only and not surveyed boundary lines.<br>
<br>
RESTRICTIONS: Subject only to local and State of Mississippi laws, ordinances and regulations. Property is selling to all easements of record. The seller does warrant that they have good merchantable title to the real estate and that they will convey the same with a warranty deed, free from all encumbrances, liens or judgments at the time of closing.<br>
<br>
Hold Harmless: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.<br>
<br>
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder and Buyer each individually and collectively by virtue of participating in the Auction conducted by Taylor Auction and Realty, Inc. do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold/purchased or the physical location of the Auction.<br>
<br>
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and/or any servant, agent or employee of the same by bidder's participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction. Disclaimer of warranties: There are no understandings, agreements, representations or warranties, express or implied not specified herein, respecting this contract or the item or property sold here-under, including but not limited to the merchantability or fitness for a particular purpose.<br>
<br>
Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or Auction Company may bid on auction for absentee bidders or at the direction of interested bidders. <br>
<br>
Guaranty Agreement in regard to bidding for a business entity: 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 Taylor Auction & Realty, Inc. and completion of the transaction.<br>
<br>
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserve the right to extend bidding, continue the bidding, or close the bidding. THE COMPANY PROVIDING THE SOFTWARE, nor Taylor Auction & Realty, Inc. IS RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications are sent to registered bidders with updated information as deemed necessary by Taylor Auction & Realty, Inc.<br>
<br>
Refresh Bidding: Refresh your screen constantly during the closing minutes of the bidding, or Enable the Auto Refresh feature.<br>
By bidding on any item, the bidder shows acceptance of the terms of the auction.<br>
Information is subject to change<br>
<br>
Announcements posted on the website on a daily basis, emailed periodically or announced at the live auction take precedence over any prior printed material or any oral statements.<br>
<br>
Benny Taylor CAI AARE CAGA<br>
Taylor Auction & Realty, Inc.
<br>
Ultimate Choice Bid Method Terms and Conditions: All Terms are set by the Seller. Selling Subject to Seller’s Confirmation. <br>
<br>
<br>
This Ultimate Choice Bid Method Auction is conducted live and online. Bidders can bid online and live at the Clarke County Center, Stonewall, MS. The lots are offered individually first and then lots may be grouped for further bid participation. Taylor Auction & Realty, Inc. (TAR) has the sole authority to resolve any bidding disputes as they may arise.<br>
<br>
This auction is set for manual approval. You may register for the auction but your registration is reviewed and an email is sent to your after your registration is approved. After approval, before you bid, please print from the Files Section the “Working with a Real Estate Broker” form. After review, please acknowledge with your signature above Customer line that you understand that you are not being represented by our firm. This form is required by the MS Real Estate Commission to define agency to sellers, buyers, and customers. When you bid via the auction method, your participation is as a customer. Please sign and return this form to us via email or via fax acknowledging this disclosure. <br>
<br>
In addition, if interested in Lot 1, please print the Property Condition Disclosure Statement, review and acknowledge receipt of the report. In addition, please sign and date above Buyer before Offer and return to us by mail, email or fax. <br>
<br>
Email: [email protected] Fax: 662.227.1653 Physical: P.O. Box 357 Grenada, MS 38902<br>
<br>
Taylor Auction & Realty, Inc. has put forth every effort in preparing the catalog for this auction to provide an accurate description of the property. Real Estate selling AS IS and neither the Seller nor Taylor Auction & Realty, Inc. make any warranties or representations, express or implied, as to the habitability or condition of the real property It is encouraged that you inspect the property you wish to purchase PRIOR TO THE ONLINE AUCTION. Any reliance on the contents shall be solely at the bidder's risk. No sale is contingent upon a property inspection by the successful bidder after the auction or is the sale contingent upon Buyer obtaining financing. Printed statements or descriptions by staff or seller are provided in good faith and are matters of opinion. Bidders must conduct and rely solely upon their own investigations and inspection in regard to condition and feasibility of the bidder's intended use. The property is being sold 'AS IS' with any and all faults. Please review all information supplied, and seek appropriate assistance prior to bidding.<br>
In regard to Inspection, please call 662-226-2080 to speak to Benny or Ruthie Taylor<br>
<br>
Auction End Times: <br>
There is an extended bidding feature on our website. Therefore, please be online before closing to bid further if activity extends the bids. All online only real estate auctions are timed events and all bidding will close at a specified time unless bids are placed in the last ten minutes. Since this auction is utilizing the Ultimate Choice Bidding Method this auction employs the extend-all feature. The extend-all feature extends the bidding for all lots on the auction. The auction has an extend-all feature of 10 minutes. This means if the end time is 6:00 pm and auto extend is set at 10 minutes, and a bid is placed 9 minutes before the end of the auction, this will only extend the auction to 6:01 pm. The actual end time shown for the auction is the end time for all items and other bidders are always given the amount of time supplied as auto extend to consider placing a bid. Please note that this feature changes the actual end time of the auction and that no notification of this extension is currently in place. So stay present at the end of the auction to achieve your lot or if you are outbid on one lot, you may choose another. Refresh the time to stay abreast of the ending time. Our online auctions move quickly, especially at the ending time! If you are interested in bidding, bid quickly. If you win you are notified by email. <br>
<br>
Time Increase or Decrease: Taylor Auction & Realty, Inc. may increase or decrease the extended time amount at any time during the auction until the close of bidding.<br>
<br>
Registration, Bid Requirements and Outbid Notifications:<br>
<br>
In order to have enough time to conduct authorizations, registration must be completed at least 24 hours in advance of the end of the auction. If the day before an auction falls on a holiday or weekend, the deadline is the day before the holiday or the Friday prior to the <br>
auction.<br>
<br>
In order to better serve our customers, all bidders must provide their name, address, daytime phone number or cell number, and email address at which they can be contacted. This is to insure good communication between Taylor Auction & Realty, Inc. and the bidder throughout any transactions. Each bidder's identity is verified. Bidding rights are provisional, and if complete verification is not possible, Taylor Auction & Realty, Inc. will reject the registration, and bidding activity is terminated.<br>
<br>
Our online auctions move quickly! If you are interested in bidding, do not delay. Bid quickly; especially at the close of bidding time. The bidding software will notify bidders by email or text when they have been outbid. Bidders may also find out if they have been outbid by refreshing the individual lot information or the entire screen. Due to varying internet connections/ speed, please place a max bid or constantly monitor the auction at close of bidding. Sometimes email or text notifications can be delayed. If you win you are notified by email.<br>
<br>
Taylor Auction & Realty, Inc. is conducting the auction live and online. The bid center location for this auction is <br>
Bid Center Location: Clarke County Center, 1200 Erwin Road, Stonewall, MS 39363<br>
<br>
INTERNET BIDDING INCREMENTS: $500.00<br>
<br>
ORDER OF AUCTION: Offering - The real estate is offered as a whole by the dollar.<br>
<br>
Ultimate Choice Bidding Method: This catalog will extend after 12 noon depending on online and live bidding activity.<br>
<br>
BUYER’S PREMIUM: <br>
A 10 % Buyer’s Premium is added to your final bid to equal the contract price.<br>
<br>
ULTIMATE CHOICE BIDDING METHOD: <br>
You may bid on a combination of parcels or a single parcel. In this catalog, you can bid on a combination of vacant lot parcels or just one also. If a vacant lot is in a combination, the ultimate choice bid method will allow you to extract a single parcel from a combination subject to a specified increase over the current high bid.<br>
<br>
Opening bids are entered on each parcel individually for a base price to begin the bidding of the tracts individually or to assist with combinations. This allows bidders to bid on any tract, group the tracts in any desired combination, or bid the whole property, subject to a specified increase over the current high bid. <br>
<br>
Auction Contract(s): At the close of the auction, successful bidders must execute a contract within 24 hours of the end of the auction. TAR will be in Stonewall for contract execution. Successful bidders will deposit 10% of the contract price per property in the form of cashier's check or wire transfer to Taylor Auction & Realty, Inc. The entirety of the remaining balance is due within 45 days at closing. This online auction is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by Bidder and or Buyers at registration prior to bidding and specified in the Contract for Sale of Real Estate. Purchaser is responsible for all wire transfer fees. You are closing on property on which you are the successful bidder in the final manner in which you bid at the auction.<br>
<br>
AUCTION BID DEFAULT: Successful bidder not executing and returning the contract with earnest money deposit within 24 hours of the conclusion of the auction is considered in default. In the event a winning bidder fails to submit the signed Contract for the Sale and Purchaser of Real Estate and 10% of High Bid Price in earnest money deposit, the winning bidder is charged a penalty fee of $1,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Taylor Auction & Realty, Incorporated and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Taylor Auction & Realty, Inc. reserves the right to sell to the second-highest bidder in the event the successful high bidder does not comply with the terms of the sale.<br>
<br>
LIQUIDATED DAMAGES: If the buyer does not close within the stated time frame detailed in the contract, the escrow deposit is automatically forfeited by the buyer. If such action occurs, Taylor Auction & Realty, Inc. hereby has the right to disperse the deposit as stated in the listing agreement and the buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost and additional cost of auction as not defined in this agreement. <br>
<br>
Taylor Auction & Realty, Inc.'s INVOLVEMENT IN THIS CONTRACT: Taylor Auction & Realty, Inc. is the agent of the seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the seller). Auctioneer has the right to sell the property in any form or fashion that is legal and ethical in order to produce the best offer to the seller. Taylor Auction & Realty, Inc. is not acting as a buyer's agent. TAR reserves the right to remove or cancel the bids and or bidding rights and privileges of any party, deemed not to be in the best interest of the seller, at any time. The seller and buyer hereby agree that Taylor Auction & Realty, Inc. is a part of this contract and shall receive compensation as stated in the Contract to Purchase Real Estate. <br>
<br>
BIDDER BROKER PARTICIPATION: A Broker Participation Form is available under the “View Documents” section of the webpage. If you are utilizing a broker for bidding assistance, the Bidder Broker Participation form should be completed by you and your broker 24 hours before the auction starts.<br>
<br>
SPECIAL INSTRUCTIONS: Any special instructions must be written on sales contract today.<br>
CLOSING: Time being of the essence, each sale contract must close within the 45 day period. The Seller will convey clear title to the property and is responsible for only deed preparation. ALL OTHER closing costs i.e. survey fees, title work are the responsibility of purchaser.<br>
<br>
CLOSING LOCATION/AGENT: Closing agent/location is provided no later than ten (10) days after the auction date.<br>
<br>
TAXES: 2017 Taxes are prorated to the day of closing. Any prior taxes are paid at closing by the Seller.<br>
<br>
CLOSING TIME: Within 45 days and upon approval of the seller. Seller has reserved 60 days to remove personal property items.<br>
<br>
POSSESSION: Purchaser shall receive possession of property at closing.<br>
<br>
MINERAL RIGHTS: Seller to retain the mineral rights that are owned by the Seller if any.<br>
<br>
ACREAGE AND AERIAL PHOTOS: Parcel Dimensions and acreages are based on legal descriptions. Aerial photos are for illustration purposes only and not surveyed boundary lines.<br>
<br>
RESTRICTIONS: Subject only to local and State of Mississippi laws, ordinances and regulations. Property is selling to all easements of record. The seller does warrant that they have good merchantable title to the real estate and that they will convey the same with a warranty deed, free from all encumbrances, liens or judgments at the time of closing.<br>
<br>
Hold Harmless: Buyer and or bidder agrees that Taylor Auction and Realty, Inc. is a representative of the Seller and agrees to hold harmless and indemnify Taylor Auction & Realty, Inc. and its Agents, Owner, Directors, Employees and its Representatives from any and all claims, demands, expenses, damages which bidder/buyer may claim on account of or any way growing out of said auction and to look solely to the Seller for any remedy demanded.<br>
<br>
SOLE AND EXCLUSIVE VENUE & JURISDICTION OF ALL DISPUTES: Any and all claims, including debt collection and all other disputes of any kind, nature, or character whatsoever arising from this auction sale shall be brought in the appropriate court of Grenada County, Mississippi, and shall be governed by the laws of the State of Mississippi; Seller, Bidder and Buyer each individually and collectively by virtue of participating in the Auction conducted by Taylor Auction and Realty, Inc. do hereby irrevocably agree to submit themselves and any claims to the jurisdiction and venue of the courts of Grenada County, Mississippi, and the laws of the State of Mississippi, which shall be the sole venue and jurisdiction for the resolution of any claims between them and Taylor Auction and Realty, Inc. regardless of the nature or location of the property sold/purchased or the physical location of the Auction.<br>
<br>
Bidder Acknowledgment: Bidder acknowledges that no relationship of any nature or type, agent, employee, independent contractor or otherwise is created between bidder and auctioneer, affiliated auction companies, affiliated software companies and/or any servant, agent or employee of the same by bidder's participation in this auction. Bidder acknowledges and agrees that Auctioneer is acting solely as the agent for the seller in this auction. Disclaimer of warranties: There are no understandings, agreements, representations or warranties, express or implied not specified herein, respecting this contract or the item or property sold here-under, including but not limited to the merchantability or fitness for a particular purpose.<br>
<br>
Bidder Responsibilities: Bidder responsibilities include, but are not limited to: Bidders agree to keep their username and password confidential, as they are responsible for ANY and ALL activity involving their account. When using the web site you must obey any and all local state and federal laws. Violations will result in termination of web site use privileges. Auction company employees and/or Auction Company may bid on auction for absentee bidders or at the direction of interested bidders. <br>
<br>
Guaranty Agreement in regard to bidding for a business entity: 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 Taylor Auction & Realty, Inc. and completion of the transaction.<br>
<br>
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Taylor Auction & Realty, Inc., reserve the right to extend bidding, continue the bidding, or close the bidding. THE COMPANY PROVIDING THE SOFTWARE, nor Taylor Auction & Realty, Inc. IS RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications are sent to registered bidders with updated information as deemed necessary by Taylor Auction & Realty, Inc.<br>
<br>
Refresh Bidding: Refresh your screen constantly during the closing minutes of the bidding, or Enable the Auto Refresh feature.<br>
By bidding on any item, the bidder shows acceptance of the terms of the auction.<br>
Information is subject to change<br>
<br>
Announcements posted on the website on a daily basis, emailed periodically or announced at the live auction take precedence over any prior printed material or any oral statements.<br>
<br>
Benny Taylor CAI AARE CAGA<br>
Taylor Auction & Realty, Inc.