Saturday, July 12, 2025 at 10:00 am Central — Auction Site: 255 County Rd 418, Centre, AL
(2) COURT-ORDERED ESTATE AUCTIONS
CHEROKEE COUNTY, ALABAMA
THE VERNON L. DECKER ESTATE
(3) Bedroom Home located at 255 County Road 418 in Terrapin Creek Hills Subdivision, Centre, AL
THE GLENN W. AND MARY J. BRACKETT ESTATE
10± acres located atop Lookout Mountain off County Road 1 at 298 County Road 1, Leesburg, AL
BOTH PROPERTIES TO BE SOLD FROM 255 COUNTY ROAD 418, CENTRE, AL
THE VERNON L. DECKER ESTATE
CENTRE, CHEROKEE COUNTY, ALABAMA
Charming 3-Bedroom, 3-Bath Home with Creek Access in Centre, AL (PIN #345406):
Located at 255 County Road 418, Centre, Alabama, this stylish 3-bedroom, 3-bathroom home sits on a spacious 1.1± acre lot and offers the perfect blend of comfort and functionality. Inside, you’ll find a generous living room, a well-appointed kitchen with custom cabinets and modern appliances, a breakfast area, and a utility room with laundry hookups. Each bedroom features access to its own full bath, including a private master suite.
Additional highlights include central heat and air, durable LVP flooring, ample storage throughout, a paved driveway with parking pad, expansive front and back porches, and a detached carport with living quarters. A separate storage building adds further convenience.
As a bonus, this property includes access to nearby Terrapin Creek and shared ownership in the community lot—offering you the chance to enjoy one of the area’s most scenic natural features.
Whether you’re looking for a peaceful primary residence or a private retreat, this home offers it all.
THE GLENN W. AND MARY J. BRACKETT ESTATE
LEESBURG, CHEROKEE COUNTY, ALABAMA
10± Wooded Acres atop Lookout Mountain | Leesburg, Cherokee County, Alabama
Just Off County Road 1 | Selling in 1 Tract (PIN# 38601 and 24342):
Discover 10± gently rolling, wooded acres in the heart of Cherokee County—located atop Lookout Mountain just off County Road #1 at 298 County Rd 1 with deeded access. This private parcel offers county water and a peaceful natural setting, ideal for recreation or your future retreat. Only 15 minutes from world-famous Weiss Lake, this tract combines seclusion with convenience. Don’t miss your chance to own a beautiful slice of Northeast Alabama countryside.
- Deeded access from County Road 1
- Atop Lookout Mountain
- Wooded and Gently Rolling
- Only 15 minutes from Weiss Lake
- County Water
- Selling in 1 Tract
- [Click Here for Link to Directions]
PROJECT MANAGER: Lou Dempsey – 770.546.2800 – [email protected]
SALE SITE: BOTH Properties will sell from 255 County Rd 418, Centre, AL.
OPEN HOUSE: Dempsey Representatives will be at the Decker Home for property tours on Friday, July 11th, from 1:00 PM to 4:00 PM. Private showings are also available by appointment—please contact our office for scheduling. The Bracket Property is OPEN for inspection.
TERMS AND CONDITIONS: A 10% down payment is required on the day of sale, with the balance due at closing. All sales must be closed within 30 days of the auction date. A 10% Buyer’s Premium will be added to the final bid to determine the contract price.
BIDDING: This auction will be conducted in a Live/Simulcast format, giving bidders the flexibility to participate in person on-site or online, whichever is most convenient.
CLOSING: Closing to be handled by Mr. Shane Givens – 256.927.7490. ALL SALES TO CLOSE ON OR BEFORE 30 DAYS FROM SALE DATE—NO EXCEPTIONS.
BROKER PARTICIPATION: Licensed brokers and agents are welcome. Dempsey Auction Co. will pay a referral commission to any broker representing a client who successfully closes on the property. Please contact our office for registration guidelines and full details.
For plats, brochures, or further sales information on this auction, call us by name at 800.DEMPSEY (800.336.7739).
[Decker Estate Real Estate Terms to follow after Brackett Estate Real Estate Terms]
EXHIBIT “B”
Terms & Conditions
The Glenn W. and Mary J. Brackett Estate
9.36± Acres on County Road 1
Leesburg, Cherokee County, AL
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 The Glenn W. and Mary J. Brackett Estate (Seller), TO OFFER AT COURT-ORDERED AUCTION, 9.36± acres located at County Road 1, Leesburg, Cherokee County, AL.
All property is selling “AS IS, WHERE 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 conditions including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Seller 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 are 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. 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 on Saturday, July 12TH at 10:00 AM CT. The property is Selling by Court Order, Regardless of Price to the Highest Bidder.
CONVEYANCE: All property will be conveyed by Limited Warranty Deed with title insurance available at the Purchaser’s expense.
SURVEY: There have been NO new surveys performed for this auction.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Cherokee County Regulations and any existing rights of way (if any), and all other matters of public record. In the event 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.
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 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”. The 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 Company 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 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 Company. 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.
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. The closing attorney is Mr. Shane Givens, 1615 W. Main St, Suite A, Centre, AL, 256.927.7490. We encourage you to contact Mr. Givens’ office ASAP to schedule your closing.
CLOSING COSTS: The Seller will provide a Conveyance Deed at closing and pay their share of the prorated property taxes.
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 August 11, 2025.
TAXES: The Real Estate property taxes will be prorated to the date of closing.
AGENCY: In accordance with the Alabama Disclosure Law / RECAD, Dempsey Auction Company is acting as Listing and Selling Agent for the Seller 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 guarantees 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. 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 provides 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.
METHOD OF SALE: DAC reserves the right to offer the property in any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Listing and Selling 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 “B”.
Exhibit “A”
Terms & Conditions
The Vernon L. Decker Estate
255 County Road 418
Centre, Cherokee County, AL
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 listing agreement with the Vernon L. Decker Estate (Seller), TO OFFER AT COURT ORDERED AUCTION, home located at 255 County Road 418, Centre, Cherokee County, AL.
All property is selling “AS IS, WHERE 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 conditions including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Seller 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. 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 on Saturday, July 12th at 10:0 AM CT. The property is Selling by Court Order, Regardless of Price to the Highest Bidder.
CONVEYANCE: All property will be conveyed by Limited Warranty Deed with title insurance available at the Purchaser’s expense.
SURVEY: There have been NO new surveys performed for this auction; we are selling in accordance with a Survey of Record as recorded in PB 12, Pg 11 in the Office of the Judge of Probate, Cherokee County, AL. 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.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Cherokee County Regulations, and any existing rights of way (if any), and all other matters of public record. In the event 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.
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 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”. The 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 Company 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 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 Company. 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.
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. The closing attorney is Mr. Shane Givens, 1615 W. Main St, Suite A, Centre, AL, 256.927.7490. We encourage you to contact Mr. Givens’ office ASAP to schedule your closing.
CLOSING COSTS: The Seller will provide a Conveyance Deed at closing and pay their share of the prorated property taxes.
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 August 11, 2025.
TAXES: The Real Estate property taxes will be prorated to the date of closing.
AGENCY: In accordance with the Alabama Disclosure Law / RECAD, Dempsey Auction Company is acting as Listing and Selling Agent for the Seller 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 guarantees 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. 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 provides 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.
METHOD OF SALE: DAC reserves the right to offer the property in any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Listing and Selling 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”.
EXHIBIT “B”
Terms & Conditions
The Glenn W. and Mary J. Brackett Estate
9.36± Acres on County Road 1
Leesburg, Cherokee County, AL
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 The Glenn W. and Mary J. Brackett Estate (Seller), TO OFFER AT COURT-ORDERED AUCTION, 9.36± acres located at County Road 1, Leesburg, Cherokee County, AL.
All property is selling “AS IS, WHERE 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 conditions including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Seller 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 are 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. 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 on Saturday, July 12TH at 10:00 AM CT. The property is Selling by Court Order, Regardless of Price to the Highest Bidder.
CONVEYANCE: All property will be conveyed by Limited Warranty Deed with title insurance available at the Purchaser’s expense.
SURVEY: There have been NO new surveys performed for this auction.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Cherokee County Regulations and any existing rights of way (if any), and all other matters of public record. In the event 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.
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 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”. The 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 Company 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 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 Company. 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.
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. The closing attorney is Mr. Shane Givens, 1615 W. Main St, Suite A, Centre, AL, 256.927.7490. We encourage you to contact Mr. Givens’ office ASAP to schedule your closing.
CLOSING COSTS: The Seller will provide a Conveyance Deed at closing and pay their share of the prorated property taxes.
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 August 11, 2025.
TAXES: The Real Estate property taxes will be prorated to the date of closing.
AGENCY: In accordance with the Alabama Disclosure Law / RECAD, Dempsey Auction Company is acting as Listing and Selling Agent for the Seller 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 guarantees 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. 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 provides 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.
METHOD OF SALE: DAC reserves the right to offer the property in any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Listing and Selling 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 “B”.
Exhibit “A”
Terms & Conditions
The Vernon L. Decker Estate
255 County Road 418
Centre, Cherokee County, AL
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 listing agreement with the Vernon L. Decker Estate (Seller), TO OFFER AT COURT ORDERED AUCTION, home located at 255 County Road 418, Centre, Cherokee County, AL.
All property is selling “AS IS, WHERE 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 conditions including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products concerning the property are given by the Auctioneer or Seller. Neither the Auction Company nor the Seller 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. 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 on Saturday, July 12th at 10:0 AM CT. The property is Selling by Court Order, Regardless of Price to the Highest Bidder.
CONVEYANCE: All property will be conveyed by Limited Warranty Deed with title insurance available at the Purchaser’s expense.
SURVEY: There have been NO new surveys performed for this auction; we are selling in accordance with a Survey of Record as recorded in PB 12, Pg 11 in the Office of the Judge of Probate, Cherokee County, AL. 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.
RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Cherokee County Regulations, and any existing rights of way (if any), and all other matters of public record. In the event 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.
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 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”. The 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 Company 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 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 Company. 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.
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. The closing attorney is Mr. Shane Givens, 1615 W. Main St, Suite A, Centre, AL, 256.927.7490. We encourage you to contact Mr. Givens’ office ASAP to schedule your closing.
CLOSING COSTS: The Seller will provide a Conveyance Deed at closing and pay their share of the prorated property taxes.
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 August 11, 2025.
TAXES: The Real Estate property taxes will be prorated to the date of closing.
AGENCY: In accordance with the Alabama Disclosure Law / RECAD, Dempsey Auction Company is acting as Listing and Selling Agent for the Seller 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 guarantees 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. 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 provides 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.
METHOD OF SALE: DAC reserves the right to offer the property in any way we see fit to obtain the seller the most money.
Dempsey Auction Company is the “Listing and Selling 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”.