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TERMS OF ESTATE SALE 

We are here today selling Martin Whitson Estate , which each parcel will be sold in its entirety as is where is. 

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  1. Tract #1 House & 8.97 AC- 1358 Palestine Rd, Newbern, TN 38059 

 

  1. Tract#2 9.55 AC- Palestine Rd, Newbern, TN 38059 

 

  1. Tract #3 10.89 AC- Palestine Rd, Newbern, TN 38059 

 

  1. Tract# 4 21.22 AC –TN Hwy 211, Newbern, TN 38059 

 

  1. Tract #5 17.65 AC- Palestine Rd, Newbern, TN 38059 

 

  1. Tract #6 11.24 AC- Grayford Rd, Newbern, TN 38059 

 

  1. Tract #7 31.47 AC –Grayford Rd, Newbern, TN 38059 

 

  1. Tract #8 36.72 AC –Grayford Rd, Newbern, TN 38059 

 

We have a binder with information regarding the real estate (aerial map, copy of contract, etc.).  If you are interested in reviewing, ask any of the Top Tier staff to see the binder. In the maps provided, the lines shall not be considered a survey line. 

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TERMS 

  • All announcements day of sale will take precedence over all advertisements. 

  • There is no Buyer’s Premium for today’s sale. 

  • After the conclusion of this auction, the successful bidder will be required to sign a contract.  

  • 10% of purchase price is due and payable today to Wendell Alexander Realty Escrow by certified funds, money order, or personal check accompanied by bank letter. 

  • Please bid only on the tracts that you want to own.  If you bid today and are the successful bidder, you will be expected to pay the earnest money and close by the closing date. If you do not close, you will lose your earnest money. 

  • Top Tier Auctions, LLC and Wendell Alexander Realty are acting as the agents for the seller.  Any buyer will be unrepresented unless they have an agent representing them today.  

  • Top Tier Auctions, LLC and Wendell Alexander Realty’s agents or employees reserve the right to bid and purchase the property.  

  • There is no financing contingency for this sale. The successful bidder will be expected to close whether or not they can obtain financing. 

 

Possession 

  • The house is currently occupied with no lease or rental income. If you are the successful bidder of this tract, it will be the responsibility of the new owner to put Tenant on notice to vacate or sign a lease, if you so choose. 

    Taxes: 

  • 2024 taxes will be prorated to the day of closing. 

  • Buyers will be responsible for 2024 rollback taxes.  

 

Closing: 

  • Closing to be held on or before November 14th, 2024.  Purchaser is responsible for all closing costs determined up to this point and through closing.  

    Title Search: 

  • Dyer Land Title has conducted the title search. In the event any remedies need to be made, they will be made before closing. 

 

Survey and Property Info:  

  • Property to be sold subject to any and all recorded easements for city, county and state as well as any building, use or zoning laws and restrictions.  

  • All tracts have been surveyed by Barron Surveying and Mapping on July 30th, 2024 

  • Survey is to & selling to the Deeded Boundary and is subject to all Rights-of-Way, Easements, and Restrictions of Record. 

  • Termite Inspection was completed on August 14th 2024, and there were active termites found. Termite treatment is scheduled for September 11th 2024.   

  • Subject to easements in favor of Kentucky-Tenn Light & Power Company as shown of record in Book 48, page 93 and Book 48, page 98, in the Register’s Office for Dyer County, Tennessee.  

  • Subject to transmission line easements in favor of the United States of America as shown of record in Book 64, page 402, and Book 64, page 403, in Register’s Office for Dyer County, Tennessee.  

  • Subject to right-of-way easements in favor of South Central Bell Telephone Company as shown of record in Book 274, page 89, and Book 281, page 100, in the Register’s Office for Dyer County, Tennessee. 

  • This property is no longer enrolled in the CRP program.  

 

MULTIPAR AUCTION:   

  • The multi-parcel auction method is used to sell multiple parcels (tracts) of real estate at auction, first offering each tract individually, and then in various combinations. The final sales price is determined by the combinations which realize the highest bid.   

  • Top Tier Auctions reserves the right to group, regroup, and revisit each tract or combination. When the tract(s) are being offered individually, in combinations or as a whole after the initial bids are determined, Buyer(s) understand there will be a minimum of a $2,500.00 raise for any individual tract or combination.   

  • We want to remind anyone that if you bid on an individual tract of land, do not leave until all bidding is complete.  
     

PROPERTY CONDITION: 

These properties are being sold “as is where is” with no warranties or guarantees expressed or implied by Top Tier Auctions LLC, Wendell Alexander Realty, representatives of the estate, and/or any of its associates.  We do not know the condition of the tracts and have completed no termite letters, well tests, electrical inspections, septic letter, etc. If you have any questions or concerns, please ask before bidding.  Purchaser(s) understand they had the right to any and all inspections prior to bidding but specifically understand the due diligence period has expired. 

 

Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilites, reduced intelligence quotient behavioral problems, and impaired memory. Lead poising also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.  
 

 

 

 

CHANCERY PUBLIC SALE 

Civil Docket No. 2023-CV-555, Martin S. Whitson Estate 

September 14, 2024 

  

By order of the Chancery Court in Dyer County, Cindy Rose, Clerk and Master, has been appointed to sell this property, and Top Tier Auctions has been employed to conduct the sale. The real property is commonly known as 1358 Palestine Rd, Newbern, Dyer County, Tennessee, and more particularly described as Map 027, Parcel 089.00 in the Tax Assessor’s Office for Dyer County, Tennessee. The property consists of a house and one hundred and forty acres of land. A full description of the property can be found of record in Deed Book 47, page 485, in the 29th Civil District of Dyer County.  A Notice of Sale was published in the State Gazette on August 24, 31, and September 7, 2024.  

Stipulations: 

  1. The rules for a Sale in Chancery will be followed. 

  1. The property is being offered for sale today, September 14, 2024, at 10:00 a.m. or as soon thereafter after announcements are made and bidders have registered. These announcements will take precedence.  

  1. Acres advertised are from the Dyer County Tax Assessor and may not be that shown on the deed and adjustments will not be made to any bid due to a discrepancy in acreage. 

  1. The property will be sold ‘as is’, and if you are not willing to accept this property in ‘as is’ condition, please do not bid. 

  1. All bidders must register. 

  1. Property will be sold to the highest bidder for cash or equivalent, upon the terms of ten percent (10%) of the purchase price due and payable at the close of sale, and the balance due and payable within sixty (60) days from the sale date. Bids shall not be left open. The sale is subject to the Dyer County Chancery Court approval.  

  1. Upon confirmation of the sale by the Dyer County Chancery Court, closing will occur as agreed by the parties, at which time a final settlement statement will be made in exchange for an instrument of approval from the Chancellor, or deed, transferring property title to the highest bidder (Purchaser). 
     

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The property is owned by the heirs of Martin S. Whitson who are parties to this Chancery Court suit. 

This suit for Partition of Real Estate by Sale was commenced in the Chancery Court by the owners who have agreed to offer for sale, for cash or equivalent (cashier’s check), the real property through the Dyer County Clerk and Master as approved by Order for Sale by Partition by the Chancellor, describing by metes and bounds the description of the real estate under the previously mentioned terms and conditions. 

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