LIVE AUCTION - CECIL SEWELL, JR. ESTATE - MAY 8th, 2021 - 9 a.m

Commercial Auction in 123 CHURCH STREET, Martin, Tennessee, United States

08 Saturday
08th May, 2021
Alexander Auctions & Real Estate Sales

LIVE AUCTION - CECIL SEWELL, JR. ESTATE - MAY 8th, 2021 - 9 a.m

Commercial Auction in 123 CHURCH STREET, Martin Tennessee, United States

Saturday at - 08th May , 2021

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DR. CECIL SEWELL, JR. ESTATE AUCTION PERSONAL PROPERTY TERMS SATURDAY ~ MAY 8th , 2021 @ 9:00 A.M. SUNDAY ~ MAY 9TH, 2021 @ 1:30 P.M. 123 CHURCH STREET MARTIN, TN 38237 THIS IS A LIVE AUCTION ALL BIDDERS MUST REVIEW THESE AUCTION TERMS AND CONDITIONS AND AGREE TO ENTER BIDS ACCORDING TO THESE TERMS AND CONDITIONS BY GETTING A BUYER’S NUMBER. NO ITEM OR INDIVIDUAL LOT SELLING WILL BE SHIPPED. ALL ITEMS MUST BE PICKED UP ONSITE ON AUCTION DAY. 1. THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHED, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF SALE FROM THE AUCTION BLOCK. 2. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT, REPRESENTED BY AN AGENT OR ABSENTEE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE. 3. TERMS OF SALE: ALL PROPERTY IS SOLD “AS-IS’ AND ‘WHERE-IS’ AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES NOR THE SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES OR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM. 4. CONDITIONS OF ITEMS SOLD: ALL INFORMATION IS BELIEVED TO BE ACCURATE, BUT THE AUCTIONEER SHALL NOT BE RESPONSIBLE FOR THE CORRECT DESCRIPTION, AUTHENTICITY, GENUINENESS OF OR DEFECT IN ANY LOT, AND MAKES NO WARRANTY IN CONNECTION THEREWITH. NO ALLOWANCES WILL BE MADE OR SALE SET ASIDE ON ACCOUNT OF ANY INCORRECTNESS, ERROR IN CATALOGUING OR ANY IMPERFECTION NOT NOTED. NO DEDUCTION WILL BE ALLOWED ON DAMAGED ARTICLES AS ALL GOODS BEING EXPOSED FOR PUBLIC EXHIBITION ARE SOLD "AS IS” AND WITHOUT RECOURSE. 5. BIDDING: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE FINAL BID ON THE PERSONAL ITEMS TO REACH THE TOTAL SALES PRICE. 6. AN ADDITIONAL 3% BUYER’S PREMIUM WILL BE ADDED TO THE PURCHASE PRICE OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK. WE ACCEPT VISA AND MASTER CARD ONLY FOR ON-SITE BIDDING UP TO A TOTAL OF $500.00. 7. NO ITEMS WILL BE SHIPPED. 8. PAYMENT: ALL PURCHASES MUST BE PAID IN FULL ON AUCTION DAY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY BY CASH, CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR PERSONAL CHECK WITH IRREVOCABLE LETTER OF CREDIT IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY THE SELLER. ALL PROSPECTIVE BIDDERS ARE REQUIRED TO PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS. 9. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY. 10. BIDDER CONTRACT: THIS BIDDER CONTRACT ENTERED INTO BETWEEN THE BIDDER WHOSE NAME IS REGISTERED AND ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL GOVERN THIS AUCTION AND HE/SHE AGREES WITH THE TERMS AND CONDITIONS. ADDITIONAL TERMS, WHICH MAY BE POSTED OR ANNOUNCED FROM THE AUCTION BLOCK ARE JUST AS BINDING AS THE PRINTED TERMS AND CONDITIONS. 11. FULL PAYMENT: ALL ITEMS MUST BE PAID FOR IN FULL BEFORE BIDDER LEAVES THE PREMISES. NOTHING MAY BE REMOVED UNTIL IT’S PAYMENT IS SETTLED. PAYMENT FOR PURCHASES MUST BE MADE BY CASH OR CASHIER’S CHECK OR BY PERSONAL CHECK OR BUSINESS CHECK. LETTERS OF CREDIT OR GUARANTEE MUST BE FOR THIS AUCTION ONLY, ALONG WITH PROOF OF IDENTITY. BIDDER AGREES NOT TO STOP PAYMENT ON CHECKS, DISALLOW A BANK DRAFT OR CANCEL A CREDIT CARD TRANSACTION AND IS RESPONSIBLE FOR ANY EXPENSES DUE TO COLLECTION OF BAD CHECK OR NON-PAYMENT. IN THE EVENT OF NON-PAYMENT OR BAD CHECK, THE AUCTIONEER RESERVES THE RIGHT TO REPOSSESS THE MERCHANDISE INVOLVED, AT ANY TIME, AT YOUR LOCATION. COMPLIANCE WITH THE TERMS OF SALE: IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME ANNOUNCED FOR THIS AUCTION THE AUCTIONEER, IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW, MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR WITHIN THE TIME SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE WITHOUT FURTHER NOTICE. ANY RESULTING DEFICIENCY TOGETHER WITH ALL EXPENSES AND COSTS OF RE-SALE WILL BE THE RESPONSIBILITY OF THE DEFAULTING PURCHASER. EACH BUYER IN MAKING A BID DOES HEREWITH AGREE TO COMPLY WITH THE TERMS AND CONDITIONS AS HEREIN STATED AND AS OTHERWISE SET FORTH. THE FAILURE OR DEFAULT BY A SUCCESSFUL BUYER TO FULLY COMPLY WITH THE TERMS AND CONDITIONS HEREIN WILL BE TREATED AS AN IMMEDIATE BREACH AND THE DEPOSIT AS MADE RETAINED AND APPLIED TOWARD ANY DEFICIT IN ADDITIONAL COSTS OR CHARGES AS INCURRED TO AFFECT THE RESALE OF THAT PROPERTY AT PRIVATE OR PUBLIC SALE. THERE SHALL BE NO FURTHER NOTICE REQUIRED TO THE BUYER ONCE A DEFAULT HAS OCCURRED. THE OBLIGATION OF THE BUYER SHALL BE FOR COSTS AS INCURRED, PLUS ANY DEFICIT INCLUDED ARISING FROM THE BUYER’S DEFAULT. 12. ALL ITEMS ARE AVAILABLE FOR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION. 13. IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR. 14. ALEXANDER AUCTIONS & REAL ESTATE SALES IS PROVIDING INTERNET PRE-AUCTION BIDDING AS A SERVICE TO THE BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF THE AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS & REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE LIVE AUCTION. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED SHOULD LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS. 15. DESCRIPTION TAKES PRECEDENCE OVER THE PICTURES. 16. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OR YOU DECIDE YOU HAVE OVERPAID FOR IT. IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR IT, THEN WE WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER. 17. WARRANTY: ALL ITEMS ARE SOLD “AS IS”, “WHERE IS”, WITHOUT GUARANTEE OF ANY KIND. NO WARRANTY OF QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR INTENDED USE OR ANY PARTICULAR PURPOSE OR PARTICULAR USE IS GIVEN. ALL MERCHANDISE IS EITHER NEW, USED OR CONSIGNED AND ALL SALES ARE FINAL!! NO RETURNS OR CHARGE BACKS ALLOWED! RETURNS AND CHARGE BACKS WILL RESULT IN A BLACK FLAG WITH MARKNET ALLIANCE. 18. THE DESCRIPTIONS OF ITEMS APPEARING IN ADVERTISING PRIOR TO THIS AUCTION ARE BELIEVED TO BE CORRECT. NEVERTHELESS, NEITHER THOSE DESCRIPTIONS NOR ANY ORAL STATEMENTS MADE BY THE OWNER (OR HIS AGENTS OR OFFICERS) OR THE AUCTIONEER (OR HIS AGENTS OR OFFICERS) CONCERNING ANY ITEM SHALL BE CONSTRUED AS A WARRANTY, EITHER EXPRESSED OR IMPLIED. BIDDER AGREES TO INSPECT THE ITEMS THEY ARE BIDDING ON AND TO SATISFY THEMSELVES AS TO THE PROPER NAME, AGE, AND CONDITION OF THE ITEM. I, THE BIDDER, HAVE EXAMINED THIS MERCHANDISE AND ACCEPT IT IN “AS IS” CONDITION. 19. ATTORNEY FEES: IN AN ACTION ARISING OUT OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES AND COSTS. 20. ANY COURT LITIGATION SHALL BE IN WEAKLEY COUNTY, TN. 21. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY PILFERING OR TAKING OF ANY ITEM OR THEFT OF ANY ITEM. ANY WRONGDOING WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW. 22. CONFIRMATION OF PURCHASE: TITLE TO THE PROPERTY SHALL PASS TO THE BUYER UPON THE FALL OF THE AUCTIONEER'S HAMMER, SUBJECT TO THE COMPLIANCE BY THE BUYER OF THE CONDITIONS OF SALE. BUYER ASSUMES ALL RESPONSIBILITY FOR THE ITEM OR ITEMS AND SHALL PAY THE TOTAL PURCHASE PRICE. 23. REMOVAL OF PROPERTY OR STORAGE: NONE OF THE PROPERTY MAY BE REMOVED FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID. ANY ITEMS LEFT AND NOT REMOVED FROM THE PREMISES REMAIN AT THE SOLE RISK OF THE BUYER. REMOVAL SHALL BE AT THE EXPENSE, LIABILITY, AND RISK OF THE PURCHASER. PURCHASES CAN BE REMOVED ONLY ON PRESENTATION OF ORIGINAL BILL OF SALE. PHOTOSTATS OF BILLS OF SALE WILL NOT BE ACCEPTED FOR REMOVAL. UPON FAILURE OF PURCHASER TO REMOVE GOODS WITHIN TIME SPECIFIED AS POSTED OR ANNOUNCED, AUCTIONEER SHALL HAVE THE OPTION OF REMOVING AND STORING THE GOODS AT EXPENSE AND RISK OF THE PURCHASER OR DEEMING MONEY DEPOSIT FORFEITED IN WHICH CASE AUCTIONEER MAY RESELL WITHOUT NOTICE...
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