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Foreclosure Auction | Waynesboro VA

Auction Information: 

- June 14th at 12:00p LIVE & ONLINE 

- Live bidding will be held at Waynesboro Circuit Court on the courthouse front entrance, located at 250 S Wayne Ave, Waynesboro, VA 22980

- Offering 3% Broker Participation *please see documents tab*

- Townhomes may be permitted on the property, subject to approval by the Waynesboro Zoning Authority​​​​ (Gabriela Deering, Zoning enforcement officer, 540-942-6628)

Auction Property: 903 E. Main St, Waynesboro, VA

Tax Ticket Information: PIN/Acct#: 576849 & 578760

Total Acreage: 2.315

Zoned: H-B (Highway Business)

SF: 2,052

Year Built: 2001

Total Tax Assessment: $350,200.00

Total Land Assessment: $269,100.00

Total Imp. Assessment: $81,100.00

Additional Property Details:

-  SINGLE STORY COMMERCIAL OFFICE  

- 6 OFFICES / 2 BATHROOMS 

- KICTCHENTTE AREA

- SEPARATE RECEPTION AREA 

- ADDITIONAL DETACHED GARAGE WITH TWO ROLLUP DOORS 

-  GREAT ROAD FRONTAGE 

-  AVERAGE TRAFFIC COUNT: 8,700 +/-

-  VINYL SIDING

-  ELECTRIC HEAT 

- HIGH VISIBILITY 

- PUBLIC UTILITIES 

- HANDICAP ACCESABLE 

- AMPLE PARKING 

 


“AS-IS,” “WHERE-IS”: The properties are being sold “AS-IS,” “WHERE-IS”. Potential Buyers must perform such independent investigations with respect to the properties or title as they deem necessary. Advertisements: All information provided by Auction Company and the Seller is deemed reliable but is not warranted. The information contained in this brochure and any advertisements by Auction Company are subject to verification by all parties relying on it. No liability for its accuracy, error or omission is assumed by the Auction Company or the Seller.

AUCTION TERMS AND CONDITIONS

 

Auction Property:

903 East Main Street, Waynesboro, VA 22980

PIN ACCT: 576849 AND 578760 

Auction Date & Time: June 14th, 2024 12:00 PM

Auction Location: Waynesboro Circuit Court Front Entrance: 250 S Wayne Ave, Waynesboro, VA 22980

Online Registration Deadline: Tuesday, June 11th, 2024 @ 12:00 PM

Registration Deposit:

In-Person Bidding: 10% of expected high bid price

Online Bidding: 10% of expected high bid price-  SEE INSTRUCTIONS BELOW

Buyer’s Premium: 5% of the high bid price

Substitute Trustee:

Franchesca Fede Gomez

(540) 932-2400

fgomez@wawlaw.com

Trustee Company: Wharton Aldhizer & Weaver PLC

Trustee Company Address: 520 Lew Dewitt Blvd., Suite 102, Waynesboro, VA 22980

 

Auction Company:

Walker Commercial Services, Inc.

(540) 344-6160

info@walkercommercialservices.com

Auction Company Address:

101 Albemarle Ave SE,

Roanoke, VA 24013

 

GENERAL TERMS AND CONDITIONS OF THE AUCTION:

  1. Deposit: The successful bidder will be required to sign a Memorandum of Sale, immediately following the end of the Auction. At the conclusion of the sale, a Deposit in the amount of 10% of the contract sales price, in the form of a cashier’s or certified check, will be delivered to the Substitute Trustee. The Deposit will be applied to the contract sales price at closing. The deposit is non-refundable unless allowed by the terms of the Substitute Trustee’s sales memorandum. Closings to take place within 30 days of sale. Time is of the Essence.
  2. Buyer’s Premium:  There will be a 5% buyer’s premium in effect on the day of the sale. The buyer’s premium will be added to the final bid amount to determine the contract sales price. Example: final bid amount of $100,000 x 5% = $5,000.  $100,000 + $5,000 = $105,000 “Purchase Price”.
  3. “AS-IS,” “WHERE-IS”: The property is being sold “AS-IS,” “WHERE-IS”.  Potential Buyers must perform such independent investigations with respect to the property or title as they deem necessary. 
  4. Advertisements: All information provided by Auction Company and the Seller is deemed reliable but is not warranted. The information contained in this brochure and any advertisements by Auction Company are subject to verification by all parties relying on it.  No liability for its accuracy, error or omission is assumed by the Auction Company, the Substitute Trustee, or the Seller.
  5. Representation: Auction Company and its representatives represent the Seller. 
  6. Deed: The property will be conveyed by Special Warranty Deed.
  7. Bidding:  All 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 and provide proof of possession of a cashier’s or certified check for their respective deposit in order to bid. To obtain a Bidder's Number, you must be registered. As used in these conditions of sale the term "the final bid" means the highest bid acknowledged by the Trustee and Auctioneer, and the term "Purchase Price" means the sum of the Final Bid and the Buyer’s Premium. The highest bidder acknowledged by the Trustee and Auctioneer shall be the buyer. The Trustee has the right to reject any bid which, in his opinion, is not commensurate with the value of the property being offered. The Trustee and Auctioneer may advance the bidding at their absolute discretion and, in the event of any dispute between bidders, may determine the successful bidder or re-offer and resell the property in dispute. Auctioneer reserves the right to set bid increments.  Should there be any dispute after the sale, the record of final sale shall be conclusive. 
  8. Closing Costs: The Deed shall be prepared and acknowledged by Seller at Buyer’s expense and recorded at the expense of Buyer, including the Grantor’s Tax which will be paid by the Buyer. The Buyer shall pay all title searches, title insurance charges, survey expenses, usual conveyance expenses, and recordation taxes. Real estate taxes, water and sewer charges, if any, will be prorated as of the date of sale. 
  9. Financing: Sale of the property is not contingent upon the Buyer obtaining financing. 
  10. Inspection: All property is sold "As Is, With All Faults.”  Description and other information are provided as a service to bidders only and do not constitute a representation or warranty, either expressed or implied. No liability for the accuracy of descriptions and other information regarding any matters, including zoning, permitted uses, surveys, plats, easements, aerial photographed property lines, flagged property lines, is assumed by the Auction Company or the Seller. Trustee and Auctioneer disclaim all responsibility for physical condition. All buyers are responsible for prior inspection of properties on which they intend to bid, and by bidding are deemed to have so inspected the property.  Auctioneer and Trustee are not responsible for delivering possession of a property, which is solely the responsibility of Buyer. 
  11. Bid Execution & Technical Problems: Walker is not responsible for failing to execute bids due to Auction Company’s or bidder’s technological difficulties. Walker has made reasonable efforts to provide for online bidding for this sale. You recognize and acknowledge, however, that technical problems with hardware, software, or internet connectivity, as well as human errors, may arise and may affect, without limitation, the sale website, our online bidding program, and process, your or our internet service and access, and your connection to this sale bidding program and process. You further acknowledge that these and other technical problems may develop at any time and with or without notice. You acknowledge and agree that neither Walker nor the Seller is in anyway responsible for any such technical problems, and that you have no absolute or other right to be able to bid on this sale in the event of any such technical problems. Notwithstanding the foregoing, you further acknowledge and agree that, in the event of any such technical problems, we reserve the right to postpone or cancel the sale and/or extend the bidding time for this sale and/or relist the property for sale at another time, in our sole discretion, and that our decision with regard to any such actions is and will be final.  Bidders must take care in entering bids, and each Bidder will be responsible for all bids placed under the Bidder’s approved registration. Once entered and recorded online, a bid is deemed to be final on behalf of the registered Bidder and may not be modified, retracted, or rescinded in whole or in part.   In addition to forfeiting the bidder’s deposit, the bidder will also be subject to lawsuit for Damages and/or Specific Performance in the Court of Law in which the property is located.  Further, all Attorneys' Fees incurred by the Seller, Trustee and/or the Auction Company will be due and paid by a defaulting bidder.
  12. The Property will be sold subject to all encumbrances that are not extinguished by operation of law by the sale and subject to all easements, equitable servitudes, conditions, rights of way, restrictions, rights of redemption, covenants, declarations, and restrictions of record affecting such Property not otherwise extinguished by the sale. Furthermore, the Property is being sold subject to all nuisances, housing code violations, current intended uses, building code violations, zoning code violations, critical area and wetland violations, and environmental problems, conditions and hazards, whether latent or observable, which may exist on or with respect to the Property. In addition, the Property is being sold subject to such state of facts that an accurate survey or physical inspection of such Property might disclose.
  13. The Property will be sold “WHERE IS” in an “AS IS” condition and without any recourse, representations, or warranties, either express or implied, as to its nature, condition, value, use or description. The purchaser of the Property shall be responsible for obtaining physical possession of following conveyance of the Property by the Substitute Trustee to the purchaser. The purchaser of the Property shall assume the risk of loss for such Property immediately after the sale. Potential buyers must perform such independent investigations with respect to the Property as they deem necessary to verify all information necessary for bidding purposes or intended uses. Information provided by the auction company or seller is deemed reliable but not warranted; no liability for its accuracy, error, or omission is assumed.

 

CASTING A BID FOR THE PROPERTY WHETHER IN PERSON OR ONLINE CONSTITUTES ACCEPTANCE OF ALL OF THE FOREGOING TERMS AND CONDITIONS, INCLUDING ANNOUNCEMENTS AT THE SALE AND THE TERMS OF THE MEMORANDUM OF SALE WHICH, IF INCONSISTENT WITH ANY TERMS CONTAINED HEREIN, SHALL GOVERN.

 

 

ADDITIONAL TERMS FOR BIDDING ONLINE

  1. REGISTRATION: Complete the Online Registration Form found on the online auction website, providing full name, complete physical address, current working email, and phone number(s).
  1. DEPOSIT:
  1. Wire funds to the Substitute Trustee’s Account in the amount of 10% of expected high bid price, plus a $35.00 convenience fee to cover the wire transfer charge, on or before the cutoff date of June 11th at 12:00 pm (EST). Note: generally, wires must be initiated prior to 2:00 PM in order to clear by 5:00 PM.
  2. The Substitute Trustee must receive the Deposit and all supporting documents prior to the cutoff date of June 11th at 12:00 pm for the Trustee to approve online bidders.
  3. The deposit amount to be adjusted and equal to 10% of the high bid amount upon signing the Memorandum of Sale.

 

NOTE: If you are the successful bidder, immediately upon the Auction being completed, unless allowed by the terms of the Substitute Trustee’s sales memorandum, your Deposit becomes NON-REFUNDABLE and upon closing will be applied to the purchase price. Deposits made by the non-winning bidders will be returned by check in the mail, or can be picked up at the offices of the trustee three business days after the end of the auction between the hours of 9:00 a.m. and 5:00 p.m.  Checks that are not picked up will be automatically mailed to the address provided at registration.

  1. MEMORANDUM OF SALE: Online bidders will be required to sign a blank Memorandum of Sale at the time the Deposit is forwarded prior to the cutoff date of June 11th  at 12:00 pm (EST). Further, once the sale is completed, and the online bidder is the successful bidder, the substitute trustee will be sending additional documentation to be signed. If you are not the successful bidder, then the signed Memorandum of Sale will be destroyed. All Registrations and Deposits to be approved by June 11th, 2024 at 12:00 pm (EST).

 

Once you have completed the above steps, the auction company and substitute trustee may approve your registration and you will be eligible to bid online. In order to bid online, all of these steps must be completed prior to the online deadline listed in the reference table above. There will be no exceptions. If you do not timely meet these requirements, you or a legal representative must attend the auction in person in order to bid.

 

The Substitute Trustee, will have the option to speak with all online bidders. In the event an online bidder does not have the ability to scan and e-mail the Memorandum of Sale, such signed agreement may be provided in advance of the auction and it will be held in trust.  If you are not the successful bidder, the signed agreement will be destroyed, and the Deposit will be returned.

 

If the Deposit for the successful bidder is less than 10% of the bid price, the Substitute Trustee may request additional funds to equal 10% of the high bid price.  If the Deposit amount is more than 10% of the purchase price, the difference will either be refunded to the successful bidder or applied to the balance of the purchase price.

 

By completing these steps, you agree to all of the terms and conditions announced at the sale, those contained in the Memorandum of Sale and all of the items contained herein which, by incorporation, are part of the terms of sale.

 

*WIRE INSTRUCTIONS

Use the following instructions for domestic wire payments:

Bank Information

Bank Routing, Transit, ABA

051403164

Bank Name

Atlantic Union Bank 

4300 Cox Rd. 

Glen Allen, VA 23060 

 

Substitute Trustee’s Company Information

Name/Address

Wharton Aldhizer & Weaver PLC
Real Estate Escrow Account
100 S. Mason St. 
Harrisonburg, VA 22801
Attention: Harrisonburg Office

 

Account Number

8511090947

Notify

Darleen Myers
(540) 438-5502 (Fax)

(540) 438-5378 (Phone)

dmyers@wawlaw.com

Other Wire Information

Purchaser to Seller Comments

Purchaser Name, Property Address, Purchaser Telephone Number, Purchaser Address and Purchaser Email Address

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