Thursday, November 2, 2023 at 2:00 pm — Auction Site: 1889 Buttermilk Rd Cave Spring, Ga

Court-Ordered Auction of the Stevie Tillery Estate

Cave Spring, Floyd County, Georgia

Selling in individual tracts, combinations, or as a whole

Farm Equipment – Rolling Stock – Sportsman Merchandise

[Click Here for Catalog – To be Updated Closer to Auction Date]

Auction to be conducted ONSITE under the DEMPSEY Tent

REFERRAL FORM SURVEYS / MAPS

Real Estate: 1889 Buttermilk Rd Cave Spring, Ga

• A charming home nestled on 20 acres of picturesque land.
• The home offers three or four bedrooms, two bathrooms, and a welcoming kitchen with an island.
• Features include wood paneling and floors, adding character to the interior.
• The acreage comprises open pastures and a meandering creek, all thoughtfully fenced and cross-fenced.
• Spring Creek running through Property

This property combines comfortable living with ample outdoor space, making it an ideal rural retreat.

10% Buyer’s Premium to be charged on all Real Estate.

Real Estate: 20% down on sale day, balance due at closing.  All sales to close 30 days from sale date. [Click Here for Real Estate Terms and Conditions]

Personal Property: Farm Equipment - Rolling Stock - Sportsman Merchandise

Massey Ferguson 2706E Tractor w/front end loader (less than 200 hours), Bush Hog, New Holland Hay Baler, Trailers, Outbuilding, Large truck container, Kayaks, 1999 Ford F-250, older vehicles, “Sportsman’s Merchandise”, household furnishings, etc.

[Click Here for Catalog – To be Updated Closer to Auction Date]

15% Buyer’s Premium to be charged on all Personal Property

PREVIEW: Rome Gun and Pawn located at 1200 Dean Ave, Rome, GA 30161 will host a preview of the “Sportsman Merchandise” on Wednesday, November 1st, from 12-5 PM.

CHECKOUT: Removal may begin immediately following the sale’s conclusion until 5:00 pm (with the exception of the Sportsman Merchandise), Special Accommodations will be made for the larger items. Purchases MAY NOT be removed until Sales conclusion. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!

For more detailed information including transfer fees, shipping, etc., please [Click Here for Personal Property Terms and Conditions]

TERMS AND CONDITIONS 

Buyer’s Premium – 10% on all Real Estate; 15% on all Personal Property.

TERMS AND CONDITIONS

Buyer’s Premium – 10% on all Real Estate; 15% on all Personal Property.

TERMS AND CONDITIONS / REAL ESTATE (Personal Property Terms to Follow)
EXHIBIT “A” 
STEVIE TILLERY ESTATE
Cave Spring, Floyd County, GA
Thursday, November 2 at 2:00 PM

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 Caleb Ratliff, Administrator of the Stevie Tillery Estate, herein referred to as the “seller”, to sell, at Court Ordered Auction, real estate located at 1889 Buttermilk Road, Cave Spring, Floyd County, Ga being PROPERTY TAX ID # B19 013A as listed in the tax office of 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), or lead paint 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. 

We require all bidders to register and obtain a bid number in order to participate in the bidding process. This is a cash sale, not contingent on potential financing. Any and all financing must be in place prior to bidding. 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 the property before the auction on Thursday November 2, 2023 @ 2:00 PM. The property is selling at the direction of Caleb Ratliff, Court Appointed Administrator for the Estate.

CONVEYANCE: The property will be conveyed by an Administrators 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, regulations, protective covenants, any existing rights of way and all other matters now of record and as governed by Floyd County, Ga. 

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 20% 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 Condition and the Sales Contract. 

PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on the 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 20% 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: A recent certified survey has been performed for this auction and shall be recorded following the auction, depending if it sells subdivided or as a whole. Any additional survey work shall be at the purchaser’s expense and cannot delay the closing. The property is being conveyed by legal description contained in the deed of record
Survey cost are: Tracts 1 and 2 -  $650 each / Tract 3 - $450 and shall be paid by the purchaser at the conclusion of the auction.

CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, which shall be on or before Friday, December 1, 2023.The closing attorney is with Steve Chumbler at Cox, Byington, Twyman LLP attorneys at law. We encourage you to contact the closing attorney’s office @ 706-291-2002 as soon as possible to discuss the closing and set the date. The closing cost shall be the responsibility of the purchaser.

CLOSING COSTS: The Seller will provide an Administrator's 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 Friday, Dec 1, 2023

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.

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 the Bidder. 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.

METHOD of SALE: The real estate offering will be sold as follows:
The House (tract 3) by the dollar, then choice of tracts 1 and 2 at a per acre bid price, then combinations or as a whole by the dollar. A 5% raise shall accompany all combination offerings
 
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-PERSONAL PROPERTY
Court Ordered Auction of the Stevie Tillery Estate
Cave Spring, Floyd County, GA
Thursday, November 2 @ 2:00 pm 

CONDITIONS OF SALE: Dempsey Auction has entered a contract with the Caleb Ratliff, Administrator of the Stevie Tillery Estate, herein referred to as the “seller” TO OFFER AT COURT ORDERED AUCTION, Firearms, Equipment, Personal Property, and Vehicles as described by the attached list. 

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, purpose or merchantability, 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, has had the opportunity to inspect the Property and has declined, or has not inspected the Property at all, and in any event, is not relying on any warranty or representation of the Seller, Auctioneer or any agent thereof. No claim will be considered for allowance, adjustment or rescission of any sale based upon the failure of the property to correspond to any particular standard of expectation.

We require all bidders register and obtain a bid number in order to participate in the bidding process. As far as possible, the auction will proceed in numerical sequence; however, it shall be at the Auctioneer's option to consolidate or break down lots or quantities offered and sell lots out of scheduled numerical sequence.

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. In the event of a tie bid, the Auctioneer shall have the right to reopen the bidding to determine the highest bidder between the tie bidders only.
 
The Seller has the right, at their sole discretion; to add or withdraw all or any portion of the property prior to auction on Thursday November 2 @ 2:00 PM. 

While quantities and descriptions are believed to be correct, neither the Auctioneer nor the Sellers make any guarantees and will not be held responsible for listings, or advertisement inaccuracies or discrepancies. Please inspect the merchandise, as no adjustment will be made for error in description or quantity estimate. Be sure you bid on the lots you wish to buy. We cannot correct any errors on your part.

Upon the award of bid, title and all risk of loss, damage to or destruction of the purchased item, passes to the Purchaser, and the Auctioneer or Seller shall have no liability whatsoever for any damages to or destruction of any such lots. Dempsey Auction Company is not responsible for equipment left on premises upon completion of the auction. Buyers are advised to remove their purchases as soon as possible or obtain insurance for potential loss. 

It shall be the prerogative of the Auctioneer, at his discretion, to have the right to call upon any bidder at any time during the auction sale to pay 25% bid deposit of his purchases during the auction sale.

The decision of the Auctioneer shall be final in all matters pertaining to property removal and/or extent of contents of lots sold, etc.

PAYMENT: All purchases must be paid for in full at sales conclusion on sale day. Purchases must be paid for in cash; debit/credit card (3.5% convenience fee); cashier's check/certified check; personal or company check accompanied by irrevocable bank letter guaranteeing payment, to Dempsey Auction Company, from your bank, for this particular sale. NO letters of credit issued for other sales will be honored. Drivers license will be required for CC purchases.

ONLINE BIDDING: The auction will be Simulcast with the opportunity to participate Live, in person, or Online, whichever is most convenient. Online Participation/Bidding through our Online MarkNet Platform will only be available for Real Estate, Rolling Stock, and “Sportsman’s Merchandise”. Online bidding for personal property will only be available for selective lots (lot # coming soon!). The rest of the personal property will be sold on-site at the live auction only.

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. 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.

There will be a 15% BUYERS PREMIUM charged on all confirmed sales. Sales price consists of bid price plus BUYER’S PREMIUM.

7% Sales tax must be paid on all purchases unless you hold valid sales tax exemption certificate and executes a sales tax exemption form prior to auction. If purchaser does not know their tax number and present his certificate, sales tax will be paid. Sales tax WILL NOT be collected on vehicle purchases, it will be paid at the time of tag application. 

VEHICLE TITLES: All vehicle titles will be sent, if applicable, by certified mailed, within 10 business days from sale date unless a vehicle has a lost title, which will be applied for. Those vehicles that do not require titles as per Georgia law will be bill of sale only. Sales tax WILL NOT be collected on vehicle purchases, it will be paid at the time of tag application. Vehicles without titles on hand will be transferred by a bill of sale.

FIREARM TRANSFERS: All firearms will be transferred from Rome Gun and Pawn in Rome. Upon paying for your purchases, you will receive a PAID receipt and may retrieve your purchase from their location at 1200 Dean Ave SE Rome, GA 30161 beginning Friday, November 3rd at 10 AM. There is a $15/Buyer transfer fee, and this includes background check and transfer paperwork (1 firearm or 20 firearms, same price). If a firearm is to be shipped, the buyer is responsible for the actual shipping cost,* shipping/insurance fee paid to Rome Gun and Pawn. PLEASE NOTE—IF YOU DO NOT PASS THE BACKGROUND CHECK, YOUR MONEY WILL NOT BE RETURNED, IT WILL BE FORFEITED. DO NOT BID ON A FIREARM UNLESS YOU CAN PASS THE BACKGROUND CHECK!! NO EXCEPTIONS!!
*Shipping Fee of $20 per firearm is an approximation. Please contact Rome Gun and Pawn for more details.

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. Neither the Auctioneer nor the Seller makes any 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.

CHECKOUT: Removal may begin immediately following the sale’s conclusion until 5:00 pm (with the exception of the Sportsman Merchandise), Special Accommodations will be made for the larger items. Purchases MAY NOT be removed until Sales conclusion. YOU MUST HAVE A PAID RECEIPT TO REMOVE ITEMS – NO EXCEPTIONS!!

For more detailed information including transfer fees, shipping, etc., please [Click Here for Personal Property Terms and Conditions]