TERMS AND CONDITIONS

These “Terms and Conditions” supersede all other printed and oral statements and will be attached to and become a part of the Real Estate Sales Contract as Exhibit “A”, which will prevail over this document and any other agreement between the Buyer and Seller.

CONDITIONS OF SALE: Dempsey Auction Company (Auctioneer/Broker) has entered into a contract with (Seller), TO OFFER AT AUCTION, real estate.

All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by Seller as provided for below. It is offered for sale and sold “AS IS and WITH ALL FAULTS, IF ANY” without representation or warranty of any kind as to their condition; and any repairs, alterations, damage, cleanup, removal of debris, waste, personal property, etc., are the sole responsibility of the buyer. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use or purpose, habitability, merchantability, or environmental condition including, but not limited to, any hazardous substances, hazardous waste, petroleum or petroleum by-products (collectively Hazardous Materials), concerning the property are given by the Auctioneer or Seller. Neither the Seller nor the Auction Company makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that he/she has inspected the Property and is not relying on any warranty or representation of the Seller, Auctioneer, or any agent thereof. Buyer acknowledges and agrees that at closing there may be the existence of equipment, personal property , and/or scrap materials located upon or within the property and agrees to accept the same in AS IS condition.

We require all bidders to register and obtain a bid number in order to participate in the bidding process. All decisions of the Auctioneer will be final, including the increments of bidding, disputes among bidders, or any other issues that might arise before, during, or after the auction.

The Seller has the right, at their sole discretion; to add or withdraw all or any portion of the property before the auction’s opening announcement. This property is selling Subject to Owner Confirmation, and we reserve the right to hold ALL offers open until the following Monday. This Property is currently owned by an LLC and if any members are bidding, they are bidding for themselves individually and will close under the same terms and conditions as any other participant.

CONVEYANCE: All property will be conveyed by a Limited Warranty Deed with title insurance available at the Purchaser’s expense.

RESERVATIONS & RESTRICTIONS: The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Property’s respective County regulations, protective covenants, any existing rights of way, and all other matters now of record or shown on the attached plat.

ONLINE PURCHASERS’ PAYMENT: At the close of the auction, successful bidders will be emailed the contract package to execute and return to Dempsey Auction Co. Successful bidders will deposit 10% of the Contract Sales Price as earnest money in the form of cashier’s check or bank wire transfer with Dempsey Auction Co within 24 hours of receipt of the contract package. The entirety of the remaining balance is due at closing as stipulated in the “Terms and Conditions”. Purchaser shall be responsible for all wire transfer fees. Successful high bidders not executing and returning their contract with earnest money deposit within 24 hours of receipt will be considered in default and subject to an Administrative Fee (as defined below). All Administrative Fees are non-refundable.

TECHNICAL SOFTWARE ISSUES: NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THE AUCTION COMPANY SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Dempsey Auction Company is providing online bidding as a service to 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 Dempsey Auction Company or anyone else if the internet service fails to work correctly. Dempsey Auction Company will not be responsible for any missed bids from any source.

DEFAULT: In the event a winning bidder fails to submit the signed “Sales Contract” and deposit earnest money as provided in the pre-stipulated Terms and Conditions, the winning bidder will be charged an administrative fee of $2,500 on the credit card provided at auction registration. Additional default remedies are reserved by Dempsey Auction Co and the Sellers as provided in the Terms and Conditions and the Sales Contract.

PAYMENT: A 10% Buyer’s Premium on Real Estate will be added to the Bid Price on all real estate today to arrive at the final purchase price. The purchaser will be required to sign the Real Estate Sales Contract and pay a non-refundable earnest money deposit equal to 10% of the Contract Sales Price immediately following the Auction. This payment may be made with either a personal or company check. This deposit will be held in a non-interest-bearing escrow account under the control of Dempsey Auction Co. No disbursements will be made from this escrow account until closing or otherwise in accordance with this agreement. In the event the purchaser fails to close and pay his/her balance when due, the deposit may be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies available to the Seller and Auctioneer.

SURVEY: To be updated…

CLOSING: Closing shall take place within 30 days of auction, in accordance with the Real Estate Sales Contract, or on a date mutually agreed upon by the Seller and Purchaser(s) in writing. The closing firm will be (To be updated…)

CLOSING COSTS: The Seller will provide a Limited Warranty Deed at closing. If for some reason the Seller is unable to convey good and marketable title to the property, unless otherwise noted, the Purchaser(s) Earnest money deposit will be returned.

All other costs including, but not limited to, Attorney’s Closing Fees, Recording and Handling Fees, Deed Transfer Taxes, Title Search, Title Insurance, Loan Origination Fees, etc., will be at the Purchaser’s expense.

POSSESSION: Purchaser(s) will be granted possession of real estate at closing, on or before 30 days from acceptance.

TAXES: The 2025 Real Estate property taxes will be prorated to the date of closing. If any additional taxes are assessed resulting from the change of use by the purchaser, they will be the responsibility of the purchaser.

AGENCY: The Auctioneer is acting as agent for the seller only in this transaction and is to be paid a fee pursuant to a separate written agreement between seller and the Auctioneer. The Auctioneer is not acting as an agent for the purchaser in this transaction. Any third-party broker is not a sub-agent of the Auctioneer.

BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms or conditions of the auction by announcing such amendments prior to or during the auction. All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller or the Auctioneer. The Auctioneer makes no warranty or guarantee as to the correctness and completeness of any information. Personal on-site inspection of the property is recommended. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer, or earnest money after its opening tender. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information. Dempsey Auction Company is the “Agent of the Seller”, and our fiduciary duties of loyalty and faithfulness are owed to the Seller.

METHOD of SALE: DAC reserves the right to offer the property any way we see fit to obtain the seller the most money.

NOTE: This auction is being recorded by audio in its entirety for legal purposes.

I have received, read, understand, and agree to the information in these “Terms and Conditions” which will become a part of the sales contract and will hereafter be Exhibit “A”.

Thursday, April 10, 2025 at 2:00 pm — SELLING ONSITE: 3689 Martha Berry Hwy

ESTATE AUCTION
The RONALD R. LYNCH ESTATE – SELLING for DIVISION AMONG HEIRS
ROME, ARMUCHEE COMMUNITY, FLOYD COUNTY, GA

(3) SFR Homes on Large Commercial Corner – 14.35 Ac of Development Property

PROPERTY LOCATED AT 3689 MARTHA BERRY HWY, ROME, GA

All Parcels will be offered in Tracts, Combinations of Tracts, or as a Whole.

Estate Auction: The Ronald R. Lynch Estate in Rome, GA

Discover a unique opportunity at the estate auction of the Ronald R. Lynch Estate, featuring three single-family residential homes and a significant 14.35-acre development property, all located in the heart of the Armuchee community of Rome, Floyd County, GA.

(3) Single Family Residential Homes located on Martha Berry Hwy/Hwy 27 – Parcel Number (J11X 090):

1. 3689 Martha Berry Hwy:
   • Size: 1652± sq ft
   • Features: Includes a large den with pine paneling, a living room with a fireplace, a kitchen with custom cabinets, a dining room, three bedrooms including a master bedroom with a bath (tub/shower combo), an additional full bath, laundry room, and central heating and air.
2. 3697 Martha Berry Hwy:
   • Size: 1040± sq ft
   • Features: Offers two large bedrooms, a bathroom with a stand-up shower, a spacious den with pine paneling, a generous kitchen, a screen porch, and new central heating and air.
3. 3707 Martha Berry Hwy:
   • Size: 1128± sq ft
   • Features: Features two bedrooms, one bathroom (tub/shower combo), a living room with a fireplace, a kitchen and breakfast area, laundry room, central heating and air, and hardwoods throughout.

• Lot Details: These homes are situated on a 2± acre corner lot.
  • Current Zoning: Community Commercial (CC)
  • Property Taxes: $2,785
  • School District: Armuchee

Development Property Details:

• Location: Lindsey Rd NW, Parcel Number (J11X 351)
• Acreage: 14.35 acres
• Utilities: Sewer, county water, and natural gas available
• Current Zoning: Suburban Residential
• Features: Long road frontage on Lindsey Road, creek frontage
• Property Taxes: $675
• School District: Armuchee

Auction Details:

All parcels will be offered in tracts, combinations of tracts, or as a whole, providing flexibility for bidders looking for residential properties with commercial potential or significant acreage for development.

This estate auction represents a rare chance to acquire prime real estate in a desirable location. Whether you are looking for a family home, an investment opportunity, or a large tract for development, this auction offers options to meet various needs. Located just minutes from downtown Rome, these properties provide an excellent balance of suburban tranquility and convenient access to city amenities.

Join us for this significant estate auction and seize the opportunity to own a part of the Ronald R. Lynch legacy in Rome, GA. Whether for personal use, investment, or development, these properties promise substantial potential in a growing area.