1. Ownership will convey by Warranty Deed.
2. A total deposit of 5% of the contract price will be required at the conclusion of the auction.
Of the 5% deposit, $5,000 will be required in the form of cash or cashier's check (payable to yourself).
The difference of the 5% and the $5,000 cashier’s check can be in the form of a personal check with proper ID.
3. Closing/Settlement is on or before Friday, July 14, 2017 @ 5:00 p.m.
4. Broker Participation of up to THREE Percent (3%) (SEE BROKER PARTICIPATION FORM!).
Brokers must pre-register 24-hours prior to the Auction listing their client and accompany their buyer
to the Auction and through the contract signing and closing process.
5. There is a 10% Buyer’s Premium (11% Buyer's Premium for online bidders) which will be added to the high bid to determine the final contract price.
6. Photos and terms available at: http://www.ABCole.com or http://AmeliaLandAuction.com
7. All auction properties are sold “As Is, Where Is” with all faults.
8.***BIDDING WILL BE CONDUCTED ON A PER ACRE PRICE***
9. Pre-Auction offers welcome!
9. For specific questions, call Barry Cole at 757-785-0317 or Ernie Rogers at 804-334-4558 or
Hermann Krebs at 804-514-1087
ALL INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED!

Partial Terms of Sale: All bidders must register for the auction by completing a Bidder Registration Form and sign that they have received a copy of the complete terms of the auction. A 10% Buyer's Premium (11% Buyer's Premium for online bidders) will be added to the high bid at the auction to determine the final contract sales price. As an example, if you bid $100,000 for a property at auction, the contract sale price will be $110,000. Another example would be if you bid $200,000 for a property at auction, the contract price will be $220,000. A 5% non-refundable deposit is required after the auction payable to A.B. Cole & Associates of which $5,000 will be in the form of a cashier's check and the difference of the $5,000 and the 5% can be in the form of a personal check with proper identification with the balance due at closing. The closing will take place on or before Friday, July 21st, 2017 by 5:00 p.m. unless specified otherwise or as soon thereafter as necessary to correct any defects in title. If you are not prepared to make the required deposit and close within the timeframe stated, please do not bid. All properties sold at auction are sold "As Is - Where Is - With All Faults" without any warranties or representations neither expressed nor implied. This is an "ALL CASH" transaction, financing is not a contingency of the sale. It is understood and agreed that fee simple title, at the time of closing, will be conveyed to the Purchaser by Warranty Deed. The Auctioneer reserves the right to bid on behalf of the Seller up until the reserve price is achieved. The auction is subject to Seller approval. The auctioneer is an agent for the Seller. Announcements made the day of sale take precedence over any printed material or other oral statements made. All information contained herein is believed to be correct, but is not guaranteed. All purchasers must independently investigate and confirm any information or assumption on which any bid is based. If the closing does not occur for any reason whatsoever, other than solely due to the fault of the Seller, Seller shall retain the earnest money deposit as a measure of liquidated damages. This provision shall in no way affect the right of Seller and Auctioneer to rely upon and to exercise any other legal remedies or recourse available to them, including without limitation seeking specific performance or monetary damages, in the event the closing contemplated herein does not occur due to default by Purchaser. Purchaser further agrees to pay all attorney fees, court costs and other costs of collection/enforcement incurred by Auctioneer and Seller due to a default by Purchaser. The auction is subject to cancellation, additions, deletions, or postponement. The real estate taxes will be pro-rated to the date of closing. For more information, please contact A.B. Cole and Associates. VAAF 0796



ADDITIONAL TERMS & CONDITIONS OF SALE All persons bidding or otherwise attending auction (“Bidders”) acknowledge the following terms and conditions (“Terms and Conditions”) and agree to be bound by them.

1. Bidding. Bidding is open to the public without regard to race, color, sex, religion, or national origin. All bidders are required to have a bidder’s number to bid. To obtain a bidder’s number, a registration form must be filled out including full name, address, phone number, and other information.

2. Bidding Procedures: (1) Method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. (2) The auctioneer reserves the right to delete or add items at its discretion. (3) AB Cole & Associates Realty & Auction LLC may act to protect the interest of buyers and sellers as an agent, by bidding through the auctioneer. (4) The auctioneer may open bidding on any item by placing a bid as an agent for any buyer or seller. (5) The auctioneer may continue to bid as an agent for a buyer or seller, either by placing consecutive bids or by placing bids in response to other bidders.

3. Auctioneer Authority. Announcements (both verbal and written) made on the day of the auction will take precedence over all printed material or oral statements made. The auctioneer has the authority, at his sole and absolute discretion, to deviate from, change, alter, or modify, the bidding procedures and conduct of the auction, at any time, including after commencement of the auction.

4. Bid Execution. Bids which are submitted to AB Cole & Associates Realty & Auction LLC in writing, through the Internet, or otherwise placed with AB Cole & Associates Realty & Auction LLC prior to or during an auction for execution at or below a specified price shall be entertained and executed by AB Cole & Associates Realty & Auction LLC for the convenience of bidders. AB Cole & Associates Realty & Auction LLC shall not be responsible for failing to execute such bids or for errors relating to the execution or such bids. Auctioneer is not responsible for a bidders inability to place any bid, internet or otherwise for this auction for any reason. In the event of technology issues with Internet sales, or for other reasons, the Auctioneer reserves the right to reopen or extend Internet bidding as it deems necessary and appropriate.

5. Purchaser Defined. The highest bidder whose bid is accepted by AB Cole & Associates Realty & Auction LLC Asset Disposition Group (“AB Cole & Associates Realty & Auction LLC” or “Auctioneer”), is the Purchaser (“Purchaser”). The “Final Bid” shall be the Purchaser’s bid as accepted by the Auctioneer, and all items are “Purchased” when the Purchase Price is accepted.

6. Buyer’s Premium. The Buyer’s Premium shall be paid by the Purchaser and will be added to the Final Bid on the item to determine the “Purchase Price”. If there is no Buyer’s Premium, the Final Bid is the Purchase Price. See Section “Buyer’s Premium” in the Sale Information portion.

7. ALL SALES ARE FINAL. All bidders are responsible to determine the age, description, condition, and authenticity of all Purchased items. Each item is auctioned “AS IS, WHERE IS, with all faults” in its condition at the time of sale, without any warranties or guarantees, either expressed or implied, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, POSSESSION, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, and without recourse by way of refund, reduction of the Purchase Price, or otherwise. No purchase will be set aside, nor will Auctioneer be liable, for incorrectness in description, misnomer, errors in cataloging, imperfection, or mislabeling of any item.

8. Catalog. The listing catalog has been prepared only as a guide based on information from sources believed to be reliable, but the accuracy thereof cannot be guaranteed or warranted by AB Cole & Associates Realty & Auction LLC. Hours and miles which are stated in the catalog descriptions as “showing” are read on the meters and odometers, or as provided by owner, with no guarantee of accuracy. “Actual” hours and miles are guaranteed to be accurate. All announcements from the auction stand on auction day, to the extent that they are different from prior printed material take precedence. Any information provided by AB Cole & Associates Realty & Auction LLC or its representatives, verbal or otherwise, is not guaranteed, to include, but not limited to country of origin or manufacturer. Purchaser acknowledges that all items were available for inspection prior to the auction and that Purchaser relies on his own inspection of the items and not the information listed in the catalog or otherwise provided by AB Cole & Associates Realty & Auction LLC.

9. Disputes. Should a dispute arise between two or more bidders, the Auctioneer may re-open the bidding between the high bidders until the property is purchased. Should the Auctioneer and a bid assistant (bid spotter) simultaneously recognize conflicting bidders, even if the Auctioneer has announced the item as “sold,” the Auctioneer may re-open the bidding between the high bidders until the property is purchased. The Auctioneer will determine the purchaser and his decision shall be final and absolute.

10. Risk of Loss. AB Cole & Associates Realty & Auction LLC accepts no responsibility for any loss or damage to any Purchased item once the hammer falls

11. Sales Tax. Where applicable, Sales or Use Taxes will be added to the Purchase Price of all taxable Purchased items. A current sales tax exemption certificate including sales tax exemption number must be presented to avoid paying sales tax.

12. Payment. All buyers must abide by the “payment terms” set forth for this sale. See “Sale Information” for details.

13. Withdrawn Property. AB Cole & Associates Realty & Auction LLC reserves the right to withdraw any individual items or to cancel the sale of any items or offer any items in lots of groups. AB Cole & Associates Realty & Auction LLC reserves the right to cancel the entire auction without notice or liability to AB Cole & Associates Realty & Auction LLC.

14. Unauthorized Conduct. AB Cole & Associates Realty & Auction LLC reserves the right to refuse any bidder registration privileges at any auction and/or refuse access to, or remove any person from the auction site for any reason including, but not limited to: 1) tampering with equipment, 2) collusive bidding, 3) stealing, 4) failure to abide by these Terms and Conditions, 5) intoxication, (6) inappropriate behavior. All Bidders acknowledge AB Cole & Associates Realty & Auction LLC right to refuse access and to remove Bidders for such conduct and agree to leave the auction site upon request by AB Cole & Associates Realty & Auction LLC.

15. Enter at your Own Risk. Bidders acknowledge that an auction site is potentially dangerous and Bidders shall so advise their agents and employees. Bidders enter the auction site at their own risk/and expressly agree to indemnify and hold AB Cole & Associates Realty & Auction LLC harmless for any personal injury or property damage which may occur while at the auction site. NO CHILDREN under the age of 16 shall be permitted at the auction site. NO EXCEPTIONS!

16. Arbitration. Bidders agree that any controversy or claim arising out of or relating to these Terms and Conditions shall be settled by arbitration in Richmond, Virginia, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Bidders agree that AB Cole & Associates Realty & Auction LLC shall be entitled to its reasonable attorneys’ fees (25% of any amount awarded to AB Cole & Associates Realty & Auction LLC) incurred in any arbitration or action to enforce or otherwise related to these Terms and Conditions.

17. SHERMAN ANTITRUST ACT. Title 15, Section 1 of the United States Code specifically prohibits any agreements that restrain trade and commerce and declares them to be illegal and a federal felony. The law provides: ‘Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.’ Any agreement among potential bidders at this auction not to bid against one another, or otherwise to dampen the bidding process, is illegal and will be immediately reported by AB Cole & Associates Realty & Auction LLC to the United States Attorney and the Department of Justice for investigation and prosecution. This is a very serious matter and we want you to view it as such and conduct yourselves accordingly.

18. Acceptance. Bidding on any items or otherwise attending the auction indicates acceptance of these Terms and Conditions.

199 +/- acres of timber, farm, and hunting property. The property is currently made up of agricultural and wooded acreage. The property has been divided into (8) parcels and will be offered in sub-divided parcels, with the opportunity to group parcels to your preference. The Buyer will have the opportunity to bid and buy (1) parcel or as many as he/she wants or he/she can buy the entire 199 +/- acres. The method of sale will be “High Bidder’s Choice.”