All-Property as a Whole-3.32 acres

Saturday, September 14, 2024 at 10:00 am Central — SELLING ON-SITE

Houston, Winston County, AL
(2) Unrestricted, Dockable, Waterfront Lots on World Famous Smith Lake at Brushy Creek

County Water and Power – Boat Ramp – Development Potential
Offered Individually, in Combination, or as a Whole
Property located on County Road #3131, just off Old Arley Rd between Arley and Houston

Prime Waterfront Opportunity: Two Lots on Smith Lake, Winston County, AL

Nestled along the tranquil waters of Brushy Creek at Smith Lake, these two exceptional waterfront lots offer a unique opportunity for both leisure and potential development. Located on County Road #3131, just off Old Arley Rd between Arley & Houston, these parcels provide the perfect setting for a dream waterfront home or a strategic investment.

Property Highlights:

• Location: Situated in a prime area on Smith Lake, known for its crystal-clear waters and breathtaking scenery.
• Dockable Shoreline: According to AL Power Shoreline Management, these lots are eligible for private docks. Please contact their office at 205.384.7385 for detailed specifications and requirements.
• Accessibility: Easy access to the lots via County Road #3131, with proximity to both Arley and Houston for convenience.
• Waterfront Features: Each lot boasts direct frontage on Smith Lake, offering stunning views and immediate water access.
• Utilities: Both lots are equipped with county water and power, ensuring all the necessary amenities are on hand.
• Unrestricted: Each lot offers unrestricted use, providing a unique opportunity to customize your waterfront lifestyle without the usual limitations.
• Joint Use Boat Ramp:Enjoy the convenience of a joint-use boat ramp, enhancing water access for boating, fishing, and other water activities.
• Soil Work: Soil Work has been performed and is available through our office.
• Development Potential: The lots are available for purchase individually or combined, providing flexibility for personal use or potential residential development.

Outdoor Recreation and Lifestyle: These waterfront lots on Smith Lake are ideal for anyone looking to build a lakeside retreat. The gentle terrain and expansive views create a serene environment, while the lake itself is a haven for anglers and boating enthusiasts. Known for its world-class fishing and vibrant aquatic life, Smith Lake is a premier destination for outdoor activities and relaxation.

Investment Opportunity: With their desirable location and development potential, these lots offer an excellent opportunity for investors looking to capitalize on the growing demand for waterfront properties. Whether you’re looking to build custom homes or hold the land for future appreciation, the possibilities are endless.

Experience the allure of lakefront living at its finest or seize a fantastic investment opportunity on Smith Lake. Don’t miss out on the chance to own one or both of these incredible waterfront lots. Contact us today to explore how you can make the dream of lakeside living a reality or maximize your investment potential in this sought-after location.

Referral Form Surveys / Maps

EXHIBIT “B” 

TERMS AND CONDITIONS

Black Warrior Development, LLC

Houston, Winston County, AL

Saturday, September 14^th at 10:00 AM

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 “B”, 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 listing agreement with Black Warrior Development, LLC (Seller), to offer at public auction, (2) Lots on Smith Lake located at 59 County Road #3131, Houston, Winston County, AL.

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; and any repairs, alterations, damage, cleanup, removal of debris, waste, personal property, etc., are the sole responsibility of the buyer. 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 Seller nor the Auction Company 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. Buyer acknowledges and agrees that at closing there may be the existence of equipment, personal property, and/or scrap materials located upon or within the property and agrees to accept the same in AS IS condition.

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’s opening announcement on Saturday, September 14^th at 10:00 AM. This property is Selling Subject to Approval, reserving the right to hold all offers open until Monday, September 16^th at 5:00 PM.

CONVEYANCE: All property will be conveyed by a Limited Warranty Deed with title insurance available at the Purchaser's expense. 

RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all Public Utilities, Encroachments, Easements, Protective Covenants as attached to the sales contract, Winston County Regulations, any Existing Right of Ways, and all other matters now of record. All personal property and equipment are reserved. A portion of this property lies beneath the 522’ contour, hence it sells subject to ALL Alabama Shoreline Management Regulations

As per the below-mentioned survey, there is a joint-use easement in place for the boat ramp which will be maintained equally between the property owners.

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 Sales 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.

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. The bidder acknowledges and understands that this service may or may not function correctly on 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.

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 Contract Sales 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: These lots have been surveyed by Smith & Associates, LLC Professional Land Surveyors - M. Lamar Smith LPLS #24337. All Front and Rear Stakes are in place. The accuracy of the survey is the sole liability of the Surveyor and the Purchaser, and the Purchaser does hereby release the Seller and Dempsey Auction Company from all liability in all matters concerning the survey. $1000 survey fee per tract will be due and collected today.

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. Closing will be conducted by Mr. Vic Baker, Attorney at Law, 205.478.1608 or vicbakerlaw@gmail.com. We encourage you to contact his office as soon as possible to discuss and schedule your closing which can be a mail away or physical at his office in Pelham, AL.

CLOSING COSTS: The Seller will provide a Limited Warranty Deed 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 October 13, 2024

TAXES: The 2024 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 or 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. 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. Dempsey Auction Company is the “Agent of the Seller”, and our fiduciary duties of loyalty and faithfulness are owed to the Seller.

METHOD of SALE: DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.

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 “B”.

PROJECT MANAGER: Lou Dempsey – 770.546.2800 – ldempsey@dempseyauction.com

OPEN HOUSE: Dempsey Representatives will be on-site Friday, Sept 13th, from 1:00 PM to 4:00 PM, or by appointment. Contact Lou Dempsey for your personal tour.

BIDDING: The auction will be Simulcast, allowing you to participate Live in person or Online through our MarkNet Bidding Platform—whichever is most convenient for you.

SALE SITE: The property will SELL on-site under the Dempsey Tent.

TERMS AND CONDITIONS:

• Real Estate: 10% Buyer’s Premium. 10% Down on Sale Day, with the Balance Due on or Before 30 Days from Sale Day.

CLOSING: Closing to be on or before 30 days from Sale Date.

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.

For Video Tours, Plats, Brochures, Inspection Times & Dates, or further sales information on this auction call us at 800.DEMPSEY (800.336.7739), ALB#065553, AAL#1103.