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Auction Information
Auctioneer Riverbend Auctions 304-445-2897
Auction Date Nov 17 Auction
Location
178 Haymarket Drive
Beckley, WV
Time 01:01PM
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AuctionZip Auctioneer ID# 1601
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Ordered Sold By

Estate Representative
AUCTION

178 Haymarket Drive, Beckley WV
Both the real estate and personal property

will be sold online only

Real Estate & Personal Property: This auction is to settle the estate of the late Joyce Eggleston

Should the real estate bidder be interested the separate personal property is online and will close a few minutes after the real estate auction closes.

178 Haymarket Drive, Beckley WV 25801

Nice 3 bedroom, 1 bath home with full partically finished basement. This property includes approx. 1.4 acres of land. Gas forced air heat, chain link fencing, and located within an easy drive to shopping and schools.

Click here to bid on the REAL ESTATE

Real estate terms are posted below.


All personal property will be offered via internet only online bidding, Click here to bid online

 

Assortment of Lighthouse figures, 2 light up        

 

Nice vintage white crock w/floral arrangement   

 

Colonial figural what not made in Occupied Japan            

 

Pair of candle sticks w/handmade pinecone tree

 

Assortment of religious items including Holy Bible            

 

Assorted nick nacks & wall decor             

 

McCoy art pottery 7527 washbowl & pitcher (medium size)         

 

Beautiful wooden box w/applied decals 

 

Costume jewelry w/assorted brooches & pins     Assorted costume jewelry w/vintage glass bead necklace              Beautiful necklace w/earrings           

Two pretty embroidered framed wall decor        

 

Assortment of collectibles w/HIP NIP Flask, oversized lighter, flask, etc.  

 

Vintage charm bracelet 

 

Box lot of collectibles     

 

Magazine rack & waste basket   

 

Large lot w/doilies, etc.

 

Lot w/knitting needles, yarn, thread, etc. (several pics for viewing)           

 

Assorted Christmas cloth items (CHEST NOT INCLUDED) 

 

Cedar chest, needs refinished, (Contents NOT Included) 

 

Lot w/homemade dolls and stuffed animals         

 

Old clear glass oil lamp  

 

Window air conditioner 

 

Nice Assorted lady's clothing (Sizes M-L) ALL CLOTHES NEED TO BE WASHED BEFORE WEARING

 

Assortment of nice lady's hats (more hats in lots near end of sale)            

 

Nice primitive woven seat slat back chair             

 

Vintage magazine table (needs refinished)            

 

16" Oscillating fan          

 

Two nice purses, one is basket w/lid, other is wooden w/lid material torn a little inside    

 

Lot w/assorted Christmas decorations    

 

Assortment of Christmas nativity pcs (as is) little damage              

 

MCM Mid-century modern 3 Pc bedroom suite (NO MATTRESS OR BOX SPRING) 

 

Sony TV w/ Sanyo DVD player & stand    

 

Pair of vintage one drawer stand tables, need refinished

 

Antique solid oak rocking chair  

 

Nice Duncan Phyfe style dropleaf side table (CONTENTS NOT INCLUDED, TABLE ONLY)     

 

Orange upholstered sofa & chair, both are worn

 

Pair of homemade solid oak plant stands              

 

Recliner chair, some wearing      

 

Mahogany finish bookshelf, some scratching (Contents NOT included) BOOKSHELF ONLY

 

Nice small solid oak side table    

 

Brown braided area rug, & all other rugs in the house (most are worn)    

 

Nice wall mirror, size 36" x 24"  

 

Collectibles on top of chest (CHEST NOT INCLUDED)        

 

Pictures and plaques on the walls pictured in this lot       

 

Collectibles on sewing machine table including oriental fan, trinket box, etc.        

 

Pair of vintage floral prints          

 

Tree Westinghouse sewing machine w/cabinet  

 

Nice side chair  

 

Nice small green painted chest (size 34 1/2" H x 22"W x 14 1/2"D             

 

Super nice wooden box w/w/another vintage damaged box        

 

Lot of nice handbags & purses    

 

Very nice Aigner jacket  

 

1988 Holiday Barbie       

 

Vintage Channel Master radio (condition unknown)         

 

Vintage Polaroid Camera w/case, as is condition unknown            

 

Nice cedar chest              

 

Assorted sheets, etc.     

 

Handmade block style skirt & top            

 

Old dome top lunch pail & metal tackle box        

 

Description coming soon             

 

Description coming soon             

 

Very nice handmade lap quilt & old worn lap wedding ring pattern quilt 

 

Bed w/sliding door compartment headboard (NO MATTRESS OR BOX SPRINGS)   

 

Cedar wardrobe w/mirror doors & 1 drawer        

 

Ladies clothing size sm. med & large & several pair of shoes sizes 7 1/2 -8             

 

Book "The Lincoln Library of Essential Information"          

 

4 Older books including Growing Gardens in Glass, Needlework, The Complete Book of Sewing by Talbott          

 

Pair of nice McCoy art pottery fruit design bookends       

 

Westinghouse button hole maker            

 

Paper shredder 

 

Assorted pictures & wall decor  

 

Kodak disc 3100 camera              

 

Assorted collectibles w/covered candy, milk glass, pottery, etc.  

 

Lot w/clothes and misc. in drawers          

 

Patio furniture cushions

 

Pair of handmade wooden lamps & handmade horseshoe picture stands, (only one lamp pictured found   later in basement

 

Bedroom suite w/twin beds, chest and small mirror         

 

Magazine rack & old milk stool, milk stool seat scratched              

 

Beautiful amethyst ruffled top vase        

 

#4502 Smith Taylor USA plate    

 

Nice clear glass whiskey decanter            

 

Pretty Praying Hands plate, not old         

 

Assorted wall decor w/clock       

 

Pictures and decor on walls in kitchen    

 

Assorted cookbooks       

 

Pretty heavy art glass vase & Avon powder box  

 

Approx. 37 PAUSE magazines Autumn 1959 - Winter 69-70 Some dates may be missing   

 

Assortment of Southern Living Christmas magazines & crochet magazines             

 

Booklets including gardening, old Webster Dictionary, etc. (RUMFORD COOKBOOK NOT INCLUDED)         RUMFORD COOKBOOK NOT INCLUDED IN THIS LOT.

 

Rumford Cookbook, spine is loose           

 

8 Sets of Creative brand 4pc of dishware              

 

LaMachine II food processor       

 

Waterford Crystal set w/creamer & sugar & butter dish, in box   

 

Nice Anchor Hocking Turkey platter        

 

Carving set w/case         

 

Beautiful handprinted dome top cake stand        

 

Old cracker tin & vintage ice bucket        

 

Two trays & set of ss nesting bowls         

 

Set of vintage metal cannisters  

 

4 Pc. of silver-plate & marked spoon & folk, couldn’t read             

 

Lot w/Corning ware etc. batter bowl       

 

Old vegetable serving bowls, one Homer Laughlin, as is w/nicks  

 

Lot of baking dishes etc., some Corning ware in lazy Susan            

 

Lot of plasticware & wooden trivets        

 

Wooden trash bin           

 

Collectibles including 1976 TV Guide & other      

 

Collectible maw & paw wooden figures w/basket             

 

Frigidaire Microwave w/stand (contents NOT included)   

 

Kitchen items including sifter     

 

Dishes w/coffee cups cabinet     

 

Collectibles w/old Tupperware ruler & toothpick etc.      

 

Kitchen steak knives & electric knife       

 

Misc. in drawer’s w/cassette tapes, etc.

 

Wooden bread box & Pro Apple peeler, & spice set         

 

Misc. kitchen what nots, w/paper towel holder, vintage placemats, etc.  

 

Misc. silverware, & kitchen items             

 

King Edward National Silver-plate set     

 

Old ice pick w/wooden handle   

 

Old rickety coffee table & end tables downstairs

 

Pretty ruffled edge glass pedestal cake stands    

 

Shawnee corn pitcher, some damage around handle       

 

Pair of donkey/cart planters       

 

Old Dickel Tennessee Whiskey bottle in leather sling       

 

2 Pair of pretty candle stands w/red volvo cups  

 

Old sewing machine       

 

Small splatter ware coffee pot   

 

Blue glass cookie jar       

 

Madonna planter            

 

Covered blue compote and 1 green compote      

 

D            1970's Vintage bowling boy figural lamp with bowling girl figurine (not a lamp)

 

Pair of small hobnail bedside lamps, need tightened, not sure if they work            

 

3 Whiskey decanters      

 

Hiram Walker's Little Brown Jug whiskey jug       

 

Crocheted Christmas ornaments              

 

Crock bean pot 

 

Two painted vases, one has damage       

 

Nice amber color art glass wine bottle    

 

Old clear oil lamp            

 

Pretty old green oil lamp             

 

Old store coffee jar        

 

Old jar w/red lid              

 

3 pc color glass 

 

Avon collectibles             

 

Crock items including milk crock

 

Nice tall amber art glass vase     

 

Nice depression style vase E.O Brody Co

 

Lot w/amber glass including 2 toothpicks             

 

Lot w/assorted vases     

 

3 Religious figures          

 

2017 Chevrolet Spark, ECOTEX, Automatic, LS, 5dr Hatch Back     This vehicle is like BRAND NEW 225 miles! Mrs. Eggleston bought this car brand new in early spring of 2017 from Crossroads Chevrolet.  The purchase price was $14,400.00. We have all of the sale documents and car manual. It may take the estate a few days to arrange transfer, so the car will need to on hold. Should the buyer will wanting to finance the car with their bank, the estate will cooperate.

 

JFK plate on stand & frame picture of JFK             

 

Beautiful green compote & green depression glass          

 

Pair of ceramic Arabic figures     

 

Vintage wall sconces      

 

Nice old Absolute Milk bottle     

 

2 Pint size Tiompalos milk bottles            

 

Very nice Royal Copley mare & foal figure            

 

Nice small green Melrose pottery pc made in Italy           

 

Lefton 3421 rabbit          

 

Lefton #H2221 rabbit planter     

 

Cherub planter 

 

Pretty Hull 3 1/2" pitcher             

 

Pretty white Fenton? basket w/ruffled top          

 

Old Cherry Liberty bell olive jar  

 

Beautiful framed crocheted wall decor   

 

2 Pcs Napcoware one is pretty owl          

 

Old Beckley WV 7UP bottle w/stopper    

 

Pretty colored glassware             

 

Green depression glass 

 

Lot w/clear glassware    

 

Oriental tray w/coffee cups in Greek key design holders 

 

Assorted pitchers            

 

Neat little glass bottom oiler      

 

Two cute farm scenes painted dishes      

 

Old depression covered compote            

 

Assorted milk glass pcs  

 

Assortment of milk glass              

 

Assortment of milk glass              

 

4 Nice pcs of milk glass, vases & pitcher & creamer          

 

Group of collectibles      

 

Very pretty umbrella wall pocket             

 

Assorted collectibles w/fruit compote    

 

2 Pcs of Traditional Americana, pitcher is damaged          

 

Nice little collectibles w/cat planter         

 

Nice vegetable & dip dish            

 

Nice group of pottery planters   

 

Nice milk glass fruit compote, can be cleaned     

 

Lot of painted glass        

 

Nice "nut" tree 

 

Nice mid-size amethyst vase      

 

Beautiful covered swirl design candy dish             

 

Two collectible glass compotes  

 

Sheffield white bone china metal stemmed serving plate              

 

Kitchen collectibles w/old grater              

 

Flat top travel trunk, one handle is broke             

 

Absolutely beautiful ceramic Christmas tree w/blue bird ornaments         

 

Beautiful framed Christmas Tree decorated w/old costume jewelry pcs   

 

Clear oil lamp globes & one hurricane     

 

Planters, vases, etc. & metal shelves. One shelf is rough 

 

Assorted glassware etc.

 

Assortment of brass type items 

 

Assortment of telephone lines insulators, as is   

 

Two old blue fruit jars   

 

Shelf of collectibles on a yellow painted kitchen cart, cart is rough            

 

Underwood 319 Vintage typewriter         

 

Collectible w/nice two handled dishes    

 

Vintage whiskey decanter & bottle, neat lot        

 

Volvo cups & candles     

 

Neat old vintage fire alarm tree topper and vintage angel night light        

 

Correll & jadeite green mixing bowl, Has damage             

 

Bowling ball w/case, ball has Joyce name on it.  small finger holes             

 

Old sewing box w/contents         

 

Collectible Penny Pincher coin bank of WV, has wheat penny motif          

 

Lot of collectible glass and two ceramic pcs. strawberry has some damage            

 

Lot of wooden plaque pictures   

 

Floral framed print          

 

Large lot of pictures       

 

Old framed print of President FDR           

 

Lot of collectibles including a nice bamboo type framed mirror   

 

Halloween decor             

 

Two prints          

 

Great old cast iron bundt cake pan          

 

2 old vintage coffee pots             

 

Old metal kettle & old metal pan, pan is rough   

 

Collectibles w/donkey ashtray   

 

Avon collectibles             

 

Nice basket & dresser mirror & other     

 

Lot w/vintage picnic basket w/sliding top & contents & coolers  

 

Homemade table size approx. 60" L x 40"W x 2 ft. T         

 

6 FT Christmas tree, as is, did not put it together

 

Large lot of nice Christmas items              

 

3 Homemade folding screens, some panels, probably buying for frames  

 

Lot of craft and seasonal items (TOTES NOT INCLUDED)  

 

Lot of glass & collectible on shelf behind furnace              

 

Pretty oriental covered dish & dried flowers in glass frame           

 

Lot of baskets    

 

Lot of nice Tupperware & plastic containers        

 

Pots, pans, baking pans, Corel etc., ice cream maker is missing the metal container           

 

Old metal kitchen base cabinet  

 

Wooden rolling pin & cherry wooden bowls        

 

Old metal kitchen stool, needs painted   

 

Made Exclusively for Singer sewing basket & other           

 

Religious clocks

 

Brand new old in box 8 pc milk glass snack set    

 

Old Remington Express wooden dovetailed ammo box   

 

Oster food grinder          

 

Brand new old toaster oven        

 

Misc. contents of workshop room including everything on table and on walls       

 

Old window fan, works 

 

Two mop buckets, one is old metal         

 

Pair of handmade saw horses, nothing else goes

 

Vintage cloth bag The Raleigh County Bank, Beckley West Virginia            

 

Coffee maker & Mixer on stand 

 

Retro table w/5 chairs, couple chair have padding tears, & old table top TV          

 

Old wooden basket w/lid & drift wood, etc.        

 

Old large JFK Political button & Rockefeller button           

 

Wooden Rocking chair, seat is worn        

 

2 pieces of art glass, Green glass wine bottle & pretty carafe       

 

Old vintage waste basket made of rolled magazines & bird print 

 

Vintage Lord's Supper framed print & House Blessing plate          

 

Pair of Pinky & Blue Boy pictures & Blue Boy tin 

 

Old wooden ironing board & sleeve board           

 

Neat old basket w/cloth, vintage sewing stand   

 

Huge glass jug w/hole in side, made in Mexico   

 

Homemade 1/2 moon table        

 

Lot of collectible glass w/ Log Cabin Syrup pitcher with org. paper label, etc.        

 

Lot of misc. w/vases, ceramic items, trophies, etc.           

 

Neat vintage purse & little homemade table & metal waste basket           

 

Pair of Turkey S&P shakers          

 

Ceramic collectibles including cabbage tea pot   

 

Clear depression glass w/vinegar cruet   

 

Whirlpool chest freezer, older and not self-defrosting, plugged in and working at time of lotting  

 

Old knife sharpening stone from Arkansas            

 

Material & sewing notions (basement side entrance)       

 

Metal clothes rack, heavy plaid jacket & couple towels, Large metal wall decor    

 

Lot w/clothes baskets    

 

Metal table w/misc. (Corn pitcher not included) Corn pitcher in LOT 122 

 

Yard cart            

 

patio furniture & wooden slat lawn chair & other plastic chairs on porch

 

Nice painted metal porch glider 

 

Large assortment of trash cans  

 

Murray 300E Briggs & Stratton series push lawn mower, kept inside, new looking              

 

Lot w/6 heavy plastic totes         

 

Assorted cookbooks including Aunt Bee, Family Favorites, and more        

 

Lot of misc. kitchen towels (worn) & placemats  

 

Lot of salt and pepper shakers (some damage), and misc.             

 

Lg set of swirl pattern china, pieces missing         

 

Lot of misc. kitchen items including everything in drawer and on shelf     

 

Lot of small kitchen appliances etc. cabinet not included

 

Hoover vacuum cleaner and super broom            

 

Lot with canisters, cutting board, Old Hickory knife, etc. 

 

Lighthouse items and wall decor              

 

Lot of misc. bathroom items including old electric razors and linens          

 

Vintage manicure set     

 

Painted antique oak chest of drawers and handmade 2 door cabinet        

 

Lot of very nice lady’s hats          

 

Clothes hamper, toilet paper holder, and trash can          

 

Old wooden wardrobe with sliding doors             

 

Room of misc. items including homemade table 

 

Clear medium sized glass basket

 

Iris & Herringbone vase

 

Personal property auction includes: Personal property terms includes a 15% Buyers Premium to be added to the final hammer price.
RIVERBEND AUCTIONS P.O. Box 800,Alderson, WV, 24910 Randy S.Burdette, CAI 927 Auctioneer/ Realtor
304-445-2897 or 304-256-0463 Beckley area - Nationwide 1-800-726-2897
email sold@riverbendauction.com

The Foxfire Realty Team is pleased to be selected as the auction firm to serve the estate to offer this outstanding property the modern way at public auction.

 

This property can be researched in the files of the Raleigh Courthouse -

Legal information

  •  Tax District TOWN Raleigh County WV
  •  District: 11
  •  Map: 3007
  •  Parcel: 28
  •  Legal description: SUR LOTS 1-2 MCMILLIAN TR FMS
  •  Property tax: $0.49 Cents
  •  Deed Book R112 Page 0712
  • The real estate is being brokered by Foxfire Realty, 1029 Washington St. East, Lewisburg, WV 24901
  • Richard Grist, Broker/Forester/Auctioneer

Personal property is being sold by:

 Riverbend Auctions

P.O. Box 800

304.445.2897 Greenbrier Valley area

 Beckley/Raleigh 304.256.0463 or nationwide 1-800-726-2897

Email sold@riverbendauction.com  Internet www.riverbendauction.com

Randy S. Burdette, CAI, CES 927 Auctioneer/REALTOR – Jean Burdette, CES, 1887 Auctioneer/REALTOR -

Personal Property Terms: A 15% Buyers Premium is in effect and will be added to the final bid price. All items sold AS IS.

REAL ESTATE TERMS: 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, and have read and agreed to be bound by the terms of sale in the Contract as they are enforceable against you upon becoming a high bidder.

A 10% OR $2500.00 whichever is greatest buyer's premium is in effect and shall be added to the auction block price to become part of the total contract deed price.

The bidding shall be ONLINE ONLY via Proxibid

Should you have any questions please contact Randy S. Burdette call or text 304-667-2897 or sold@riverbendauction.com.

If you need assistance on registering or bidding on Proxibid please contact their customer support office located in Omaha Nebraska toll free at 877-505-7770.

The real estate is offered by a published bid amount of $20,000.00
Buyers premium for this auction is 10% or $2500.00 whichever amount is greatest.

Richard Grist broker, 1751 Auctioneer is licensed by the WV Dept. of Agriculture and bonded in favor of the state of WV.

CONTRACT FOR SALE OF REAL ESTATE (less any out sales)
The property information package/day of auction terms is an addendum to this contract

    This Contract For Sale of Real Estate is made and entered into this 03rd day of June 2017, by and between the Estate of the late Joyce Eggleston Inc. in capacity as the (“Seller”), and
 _________________________________________________________________________________, (Purchaser).  

W I T N E S S E T H:
In consideration of the deposit listed below on this page (the “Deposit”) delivered by Purchaser to Foxfire Realty (the “Auction Firm”) and the mutual covenants hereinafter provided, Seller agrees to sell, and Purchaser agrees to buy, the following parcel of real estate together with any improvements thereon, commonly known as
Legal description: 178 Haymarket St. Beckley, Raleigh County WV 25801
(The “Property”). The purchase and sale of the Property surface and any and all available subsurface rights shall
be on the following terms and conditions: Personal Property:  NO PERSONAL PROPERTY IS BEING SOLD. Any personal property that remains after closing of the deed shall become the new owner’s sole responsibility to dispose of at their sole cost.

1.    Auction Terms and Conditions. The Auction Terms and Conditions (the “Auction Terms”) shall be deemed part of this Contract as if set forth in this Contract in their entirety. In the event of a conflict between the terms and conditions of this Contract and those of the Auction Terms, the terms and conditions of the Auction Terms shall govern. Offer, acceptance. As the high bidder at an auction of the property by Seller, recorded by the Auctioneer (‘Broker”), Buyer made and hereby makes an irrevocable offer (“offer”) under the terms of the auction. To purchase the property being offered and or described herein.

2.    Purchase Price. Purchaser agrees to pay as the full purchase price for the Property the sum of __________________________________________________________________DOLLARS ($________________) the “Purchase Price”, as follows:
(a)    Purchaser shall pay the Deposit to the Auction Firm in certified funds or as may be otherwise agreed by the Auctioneer upon the execution of this Agreement. Auction Firm shall hold the Deposit in its non-interest bearing trust account and shall (I) pay it over to Seller at settlement for application to the payment of the Purchase Price, (II) return it to Purchaser when instructed to do so by Seller upon the conditions set forth herein, or (III) in the event of Purchaser’s default and at Seller’s option, pay it over to Seller for application as set forth in Paragraph 8 below.
(b)    Purchaser shall pay the remainder of the Purchase Price to Seller at settlement in cash, by wire transfer or by certified or cashier’s check.
(c)    Purchaser acknowledges that the total Purchase Price includes a Buyer’s Premium of either 10% of purchase price or $2500.00 whichever is greatest.

3.    Settlement and Possession. Settlement shall take place on or before 45 days from Seller authorization at the offices of Purchaser’s attorney, who shall be the settlement agent in connection with this transaction for tax reporting purposes. Possession of the Property shall be delivered to Purchaser at settlement following payment of the Purchase Price, subject to the rights of tenants, if any. TIME IS OF THE ESSENCE AS TO THE COMPLETION OF SETTLEMENT.

4.    Title. Seller shall convey the Property to Purchaser by a GENERAL Warranty Deed. Purchaser’s and Seller’s obligations hereunder are contingent upon Seller being able to convey good and marketable title to the Property subject, however, to the following (the “Permitted Encumbrances”): (I) matters that do not render title to the Property unmarketable; (II) the rights of tenants, if any; (III) the lien of ad valorem real estate taxes not yet due and payable; (IV) such state of facts as an accurate survey and physical inspection of the Property would reveal; and (v) ordinary and customary easements, encumbrances and other restrictions of record. If, prior to settlement hereunder, Purchaser identifies a title defect other than the Permitted Encumbrances, Seller shall have the opportunity, but not the obligation, to attempt to cure the title defect, and Seller may in its sole discretion extend the settlement date accordingly. If Seller does not elect to attempt to cure the title defect, or if Seller attempts but is not successful in curing the title defect, Purchaser shall have the option to; (1) terminate this Agreement, in which case Seller shall instruct the Auction Firm to return the Deposit to Purchaser and neither party shall have any further obligation or liability to the other; or (2) waive the title defect and proceed to settlement hereunder, without any adjustment or modification of the Purchase Price. If an owner’s title insurance policy can be obtained without extraordinary exception or with affirmative protection over any title defect, Purchaser shall be required to waive its objection to the title defect.

5.    Settlement Costs. The purchaser is responsible for ALL normal and customary closing costs involved with this transaction regardless of the local custom; including but not limited to deed preparation, document recording tax stamps, inspections, survey, closing agent fees, overnight mail, notary fees, etc. The current year property taxes shall be prorated on the calendar year between seller and purchaser.
 
6.    Physical Condition of the Property. Purchaser acknowledges that it has examined and inspected, and is satisfied with, the physical condition of the Property and the improvements thereon. PURCHASER EXPRESSLY AGREES THAT THE PROPERTY IS OR WILL BE SOLD “AS IS, WHERE IS, WITH ALL FAULTS”, WITHOUT ANY WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF CONDITION, AVAILABILITY OF MINERAL OR SUBSURFACE RIGHTS, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SUBJECT TO ORDINARY WEAR AND TEAR OCCURRING AFTER THE DATE HEREOF. Purchaser further acknowledges that neither Seller nor Auction Firm have made or extended to Purchaser any representation, warranty or indemnity with regard to the environmental condition of the Property or with regard to its compliance with the Americans with Disabilities Act of 1990, if applicable, and Purchaser hereby assumes sole responsibility therefore, indemnifies and agrees to hold Seller and Auction Firm, and each of their affiliates, agents, directors, employees and attorneys harmless from and waives any right, action, claim or cause of action it or its successors or assigns may have now or in the future against Seller and Auction Firm, and each of their affiliates, agents, directors, employees or attorneys with regard thereto. If the improvements on the Property are damaged after the date hereof but before settlement, Seller may (but shall not be obligated to) attempt to repair the improvements and, at Seller’s sole option, there shall be a reasonable extension of the settlement date in which Seller may attempt to complete the repair. If Seller notifies Purchaser that Seller does not intend to attempt repair, or if Seller attempts but is not successful in effecting repair and so notifies Purchaser, within ten (10) days of either such notification Purchaser shall either (I) terminate this Agreement, in which case Purchaser shall be entitled to the return of the Deposit and neither party shall have any further liability to the other, or (II) waive any objection to the damage and any right to reduce the Purchase Price, in which case Seller shall convey to Purchaser the Property with such damaged improvements as are then thereon and shall assign to Purchaser all of Seller’s right, title and interest to any insurance proceeds, if any, received or to be received in payment of damage to the improvements (but no other insurance proceeds, such as proceeds from damage to personal property).

7.    Default. If Purchaser defaults hereunder, Seller may retain the Deposit and may also pursue such remedies as are available to Seller at law or in equity, including, without limitation, an action for specific performance. If Seller defaults hereunder, Purchaser’s sole remedy shall be the return of the Deposit and the Purchaser expressly and unconditionally waives and releases any other claim, demand injury, or cause of action, whether at law or in equity. A termination of this Contract pursuant to the termination provisions set forth in paragraph 4, 6, and 7, shall not be deemed to be a default of either party hereunder.

8.    Notice. Any notice, request, or demand required or permitted hereunder will be in writing and will be delivered by hand, sent by express courier service, or sent by U. S. certified mail, return receipt requested, postage prepaid, if to Seller, to c/o Foxfire Realty, 1029 Washington Street East, Lewisburg, WV 24901 and if to Purchaser, to the address set forth below under the Purchaser’s signature, or to such other address as the party to receive such notice may hereafter specify by written notice to the other. Any such notice will be deemed given on the date of actual hand delivery, one (1) day after being sent by express courier service or two (2) days after deposit in the U. S. mail, certified.

9.    Agency Disclosure. Seller and Purchaser acknowledge and agree that the Auction Firm has acted on Seller’s behalf as Seller’s agent in connection with this transaction. Seller and Purchaser also confirm that this disclosure of agency relationship has been made in writing.

10.    Miscellaneous. Except as set forth above, each party hereto represents that it has not involved any agent, broker, or finder in this transaction and agrees to indemnify, defend, and hold the other party and the Auction Firm harmless from any claim in connection therewith. The provisions of this Contract shall survive settlement. The parties hereto acknowledge that neither has relied upon any oral representation of the other or of the Auction Firm, that no such oral representation will affect in any way the terms of this Contract and that this Contract represents the final and complete understanding between the parties. This Contract cannot be modified or amended, and no waiver or any provision hereof shall be effective, unless in writing executed by the parties hereto. This Contract shall be construed, performed and enforced in accordance with the laws of the State of West Virginia without regard to the conflicts of law’s provisions of West Virginia law. Except as provided in Paragraphs 6 and 7, the risk of loss or taking shall remain with Seller until settlement. This Contract shall inure to the benefit of and will bind the parties hereto and their respective heirs, personal representatives, successors and assigns. Purchaser may NOT assign its rights under this Contract except by consent of the seller. However any such assignment shall not release Purchaser from any liability hereunder the terms of this contract. This Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Contract. Notwithstanding any other provision of this Agreement, or any agreements, contracts or obligations that may derive here from, nothing herein shall be construed to make the parties hereto partners or joint ventures or to render either party liable for any of the debts or obligations of the other party, it being the intention of this Contract merely to create the relationship of seller and purchaser with regard to the Property. All parties to this Contract have been represented by counsel or have had the opportunity to be so represented. Accordingly, the rule of construction of contract language against the drafting party is hereby waived by both parties. If any provision of this Contract or the application thereof is deemed unenforceable for any reason, the remainder of this Contract shall not be affected thereby and shall remain in full force and effect. Notwithstanding any mention of specific acreage in any description of the Property, the parties hereby agree that the Property is being sold in gross and not by the acre.

Legal proceedings, in the event of legal action the sole and exclusive venue shall be Greenbrier County, WV. All parties agree the time limit is within one year of the writing of this document.
The parties’ rights and obligations hereunder shall not be affected if a subsequent survey of the Property reveals a different acreage. TIME IS OF THE ESSENCE IN CONNECTION WITH THIS CONTRACT


FOXFIRE REALTY

Richard P. Grist Broker
106 East Washington, Street, Lewisburg, WV 24901
Lewisburg office phone 304.645.7674
Randy S. Burdette, Assoc. Broker/Auctioneer 927

 

*Updated Nov. 11th, 2017, 9:02 am local time

 

 

 

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Auctioneer License Information: WV 927, VA 1797, PA AU005390, KY RP 7214, OH 2004000120

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