City of Waynesboro, VA Sale of Tax Delinquent Real Estate

NOTICE OF JUDICIAL SALE

May 7, 2024, at 11:00 a.m.

Online and at the Charles T. Yancey

Municipal Building

TAX DELINQUENT REAL ESTATE

Pursuant to certain Decrees of Sale from the Circuit Court for the City of Waynesboro, the undersigned Special Commissioner will offer for sale at a simulcast live and online public auction the following described real estate. The auction will begin online and will close with in-person and online bidding on May 7, 2024 at 11:00 a.m., at the City Council Chambers Room in the Charles T. Yancey Municipal Building, at 503 West Main Street, Waynesboro, Virginia. Please visit Bid.ForSaleAtAuction.Biz to register & bid online, or call Jerry Bertram, Auction Coordinator, at (804) 229-9271 for assistance or more information. If interested bidders are unable to participate online, please call for assistance in placing your bids.

TERMS OF SALE: All sales are subject to approval of the Circuit Court. A 10% Buyer’s Premium will be added to the highest bid and will become a part of the total sales price on each property. The highest bidder shall make a deposit of twenty percent (20%) of the total sales price, or Two Thousand Dollars ($2,000.00), whichever is more, which sum shall be credited toward the purchase at closing. The deposit is due within 5 (five) business days of the sale. Payment may be made by credit or debit card, check, money order, or cash. The balance of the purchase price shall be delivered in the form of a certified check to the Special Commissioner within fifteen (15) days of Court confirmation. All properties will be conveyed by Special Warranty Deed, subject to any easements and covenants of record, and any rights of persons in possession. We do not provide and do not assist with obtaining title insurance. Terms of Sale stated live, online, or in the Purchase Contract take precedence over any prior written or verbal terms of sale.

N. Reid Broughton, Esq.

Special Commissioner

Sands Anderson PC

P. O. Box 2009

Christiansburg, Virginia 24068-2009

TERMS AND CONDITIONS OF SALE

Title. Title shall be conveyed by deed with special warranty of title, subject to any easements and covenants of record, and rights of persons in possession. Buyer shall pay all recording costs.

Title Insurance. Title insurance may be obtained from a third-party vendor. Seller does not provide, and does not assist with, obtaining title insurance, and does not guaranty insurable title.

Liens. Sales are free and clear of all liens.

Purchase Contract. Your successful bid creates a legal and binding contract including these terms and conditions. A written purchase contract incorporating these terms and conditions and specifying the property and the price will be provided to the Buyer following the sale and must be immediately signed and returned.

Payment. Buyer must pay a deposit of twenty percent (20%) of the Price or $2,000.00, whichever is more, within five (5) business days following the Date of Sale. All sales are subject to confirmation, and the balance will be due within fifteen (15) days of confirmation of the sale.

Payments. All payments must be made in the form of wire transfer, cash, good check, bank certified check or money order. Time is of the essence.

Default. If Buyer defaults, all amounts paid will be forfeited, and Buyer will be responsible for any deficiency upon resale and any costs or expenses that may be incurred, including attorney fees.

Approval. All sales are subject to approval of the Court of the locality. The former owner(s) of the Property may, under certain circumstances, for good cause shown, within ninety (90) days from entry of a decree of confirmation, petition the Court to have the case reheard, and the sale shall be subject to the determination of the Court. The Seller has the right to cancel any sale at any time, and Buyer's sole remedy will be the return of the amount paid by the Buyer.

Condition. THE PROPERTY AND ALL IMPROVEMENTS ARE TRANSFERRED AND CONVEYED "AS IS," "WHERE IS," "IF IS," AND "WITH ALL FAULTS." Seller has not made, does not make, and hereby disclaims any and all representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (i) the existence, title, value, nature, quality or condition of the Property; (ii) the income to be derived from the Property; (iii) the suitability of the Property for any and all activities and uses which Buyer may conduct thereon; (iv) the compliance of or by the Property or its operations with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (v) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (vi) the manner or quality of the construction or materials, if any, incorporated into the Property; (vii) compliance with any environmental protection, pollution or land use, laws, rules, regulations, orders or requirements, including the disposal or existence in or on the Property of any hazardous materials as defined by local, state or federal agencies, laws and regulations relating to hazardous substances, toxic wastes and underground storage tanks; (viii) the accuracy of legal description(s) or tax parcel numbers; and (ix) any other matter with respect to the Property. Buyer acknowledges that no such representations or warranties, express or implied, have been made.

Remedies. IN ANY MATTER ARISING FROM OR RELATED TO THE SALE OR THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RESCISSION OF THE DEED, BUYER'S DAMAGES ARE LIMITED TO THE RECOVERY OF THE PRICE PAID BY THE BUYER. BUYER SHALL NOT BE ENTITLED TO ANY SPECIAL, CONSEQUENTIAL OR

OTHER DAMAGES UNDER ANY CIRCUMSTANCES. The terms of this section shall survive closing and the delivery of the deed and any other instruments of transfer or any termination of the Contract.

Possession. Buyer is solely responsible for taking possession of the Property and removing or obtaining title to any personal property on the Property, including manufactured homes that are not part of the real estate, trailers, vehicles, etc. Seller will not assist with this process.

Taxes; Risk of Loss; Insurance. Buyer is responsible for real estate taxes on the Property from the date of the auction. The risk of loss or damage by fire or other casualty is on Buyer. Buyer may insure the Property if Buyer chooses to do so. Buyer shall be required to close and pay the Price regardless of any damage or change in condition of the Property.

Patriot Act. Buyer represents and warrants that, to the best of its knowledge after due inquiry and investigation, all funds paid by Buyer are derived from legitimate business activities within the United States of America and/or from loans from a banking or financial institution chartered or organized within the United States of America, and that Buyer is not subject to sanctions of the United States of America or in violation of any federal, state, municipal or local laws, statutes, codes, ordinances, orders, decrees, rules or regulations relating to terrorism or money laundering, including, without limitation, Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001, and the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56).

Miscellaneous. Buyer shall pay all closing and recording costs. The contract may not be assigned without the prior written consent of Seller. Seller is entitled to recover from Buyer reasonable attorneys’ fees incurred to enforce the contract.

Online Bidding Information, Further Terms, and Explanations*

Thank you for your interest in this Simulcast Auction of tax delinquent real estate, being conducted by For Sale At Auction, at the request of the Special Commissioner appointed by the Circuit Court of the City of Waynesboro, VA. This auction and conveyance of these properties shall be governed by, and your online registration indicates each bidder’s agreement with: the “NOTICE OF SALE OF REAL PROPERTY”; Purchaser's Acknowledgment and Contract of Sale; and the non- negotiable Terms of Sale stated herein.

In order to bid online for this auction, all bidders must be registered with For Sale At Auction through our Bidding Application (available at the Apple App Store and Google Play - just search “For Sale At Auction”), or through our website at bid.forsaleatauction.biz. There is no fee to create your account. Registration requires a two-step process that: 1. Creates your account with username and password and: 2. Requires a registration form specifically for this auction which requires including a copy of a government issued I.D (Driver’s License, Military I.D., etc.). Once both registration steps are complete, the Auction Firm will manually approve your bidder status and you’ll be ready to place your bids. By bidding, you are representing to the Special Commissioner and Auction Firm that you have read, and agree to be bound by, all Terms and Conditions for this sale as stated herein. DO NOT BID unless you have read, and agree to be bound by, ALL of these non-negotiable Terms of Sale. Registration requests sent past 10 a.m. the day of the auction close may not be accepted. PLEASE REGISTER EARLY!

FUNCTIONALITY OF THE AUCTION BIDDING APP: This Simulcast auction is controlled by our auction app software. The Auction Firm is not responsible for software functionality or lack thereof, internet malfunctions or connectivity issues, and/or bidding application or systems errors which could cause a bid to fail to be recognized, fail to successfully register an interested bidder, or recognize their bid. In the event of any bidding platform errors and/or related issues, the property could sell to the previous high bidder of record. There is no recourse, or remedy, implied or offered, to any online Bidders in the event of any aforementioned “errors” &/or “issues”.

THE AUCTION: Bidding is open to the general public (any who are registered and approved by the Auction Firm). The Auction Firm shall control the bidding increments and retains the right to modify them at any time during the auction. Bidding will begin closing on Monday, May 7, 2024, at 11:00 a.m. (EDT). The Special Commissioner retains the right to remove any property from the auction process at any time. Any and all decisions made by the Special Commissioner shall be final and absolute, without further liability to any party. If any potential bidders have interest in bidding on a property, but do not have internet computer, smart phone, and/or internet access; please contact the Auction Firm who will assist with creating your account and placement of your bids.

*A Brief Explanation of the Bidding Process* Interested Bidders can bid online any time during the timed auction bidding period. This “Timed” method is similar to how eBay operates… where Bidders can enter their maximum bid amounts and walk away (with the software handling your bid increases automatically thereafter), or you can proactively enter each bid individually... as you desire. You will receive “Push Notifications” whenever you are outbid by another Bidder. Please contact the Auction Firm if you have any questions or require assistance with bidding or functionality of the app.

BUYER’S PREMIUM, DOWN PAYMENT & CLOSING: A Buyer’s Premium of 10% of the high bid amount will be added to the final bid to determine the total purchase price (for example: a high bid in the amount of $10,000.00 will have a 10% Buyer’s Premium ($1,000.00) added to the high bid for a total purchase price of $11,000.00). Please consider the Buyer's Premium when placing all bids. The Buyer’s Premium is firm and is non-negotiable.

CONTRACTUAL DEFAULT/NON-PERFORMANCE: If the Buyer fails to complete the transaction for ANY reason, their deposit will be forfeited and they may be held responsible for any deficiency in price upon resale, and the costs of resale, among any other remedies allowed by law. In addition, any high bidder who fails to fulfill their contractual obligations will be banned from bidding at ALL future auctions conducted by this Auction Firm.

AS IS - WHERE IS – IF IS SALE: The properties are being sold strictly "AS IS, WHERE IS, IF IS” with no financing, inspections, or other contingencies of sale. The sale is immediately binding and irrevocable. Bidders must conduct their own due diligence and investigation of the property to determine suitability prior to placing any bids. Bidders must rely solely upon their own investigation and not on information provided by the Special Commissioner, City of Waynesboro, the Auction Firm, or any of their employees or representatives. Failure of a bidder to be fully informed on a property will not constitute grounds for claims or to cancel the sale. All information provided regarding the properties was obtained from official public records and/or other sources deemed reliable and believed correct, but is not warranted or guaranteed whatsoever. Please, DO NOT BID if you have not completed your due diligence.