ONLINE-ONLY REAL ESTATE AUCTION
ESTATE OF THE LATE LARRY E. DeHAVEN
(HARMISON & ASSOCIATES / C. WILLIAM HARMISON, EXECUTOR)
NET PROCEEDS TO BENEFIT ST. JUDE CHILDREN’S RESEARCH HOSPITAL
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567 PANORAMA DRIVE
MARTINSBURG, WV 25403
BEAUTIFUL 3 BED, 2-1/2 BATH HOME on 0.65-ACRE LOT
GREAT LOCATION MINUTES FROM DOWNTOWN MARTINSBURG
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SOLD AS IS
NO CONTINGENCIES, GUARANTEES, OR WARRANTIES OF ANY KIND
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OPENING BID - $250,000
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AUCTION BEGINS FRIDAY, OCTOBER 25 AT 7:00PM
PROSPECTIVE BIDDERS MAY VIEW THE PROPERTY DURING OPEN HOUSES TO BE HELD ON SATURDAY, NOVEMBER 9, AND SATURDAY, NOVEMBER 30, FROM 12:00P.M.-5:00P.M. A LIMITED NUMBER OF OTHER PREVIEW OPPORTUNITIES MAY ALSO BE AVAILABLE BY APPOINTMENT; PLEASE CONTACT LOUIE AT 304-676-2934 FOR MORE INFORMATION.
AUCTION ENDS FRIDAY, DECEMBER 6
BEGINNING AT 7:00PM
WITH EXTENDING BIDDING
(Extending bidding automatically extends the closing time of an auction if/when a bid is placed at the end of the auction. For example, if a bid is placed with fifty-seven seconds left in the auction, the time remaining will automatically reset to five minutes; this process will continue until five full minutes have passed without any additional bids.)
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PLEASE READ FULL PROPERTY DESCRIPTION AND ALL TERMS AND CONDITIONS BEFORE REGISTERING TO BID. ALL ANNOUNCEMENTS AT AUCTION TAKE PRECEDENCE OVER ALL ADVERTISEMENTS.
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WOODBRIER MANOR LOT No. 136 – 0.65 ACRE
BERKELEY COUNTY, WV
DEED BOOK 412 / PAGE 321
TAX MAP 2M / PARCEL 35
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Located in Woodbrier Manor, this two-story home offers 1,979 total square feet of living space. The first floor (1187 square feet) includes a foyer, living room, dining room, kitchen with breakfast area and laundry closet, family room, and half-bath; all kitchen and laundry appliances (cooktop, oven, refrigerator, dishwasher, washer and dryer) convey with the property. The second floor (792 square feet) includes a main bedroom with dressing area, en suite bath, and walk-in closet, as well as two additional bedrooms and an additional full bath. It also has an attached two-car garage with drop-stair attic, unfinished walk-out basement with dirt floor (exterior access only), small covered front porch, and large rear deck.
The house has central air conditioning and an electric furnace, as well as a gas fireplace in the family room and gas stove in the dining room, and is served by public water and on-site septic.
The front of the property features 140 feet of road frontage, as well as an asphalt driveway and parking area, while the rear includes two storage sheds and a lovely tree-dotted backyard bordering Woodbrier Golf Course.
With easy access to access to both Route 11 (one mile) and Interstate 81 (four miles), it is located approximately six miles from both downtown Martinsburg (WV) and downtown Hedgesville (WV), 13 miles from downtown Shepherdstown (WV), 19 miles from downtown Hagerstown (MD), 30 miles from downtown Winchester (VA), and 42 miles from downtown Frederick (MD).
BCPS lists Spring Mills Primary (PK-2), Potomack Intermediate (3-5), Spring Mills Middle (6-8), and Spring Mills High (9-12) as local public schools for this address.
HOA dues for this property are currently $125.00 per year.
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ALL REAL PROPERTY SOLD AS IS, with no expressed or implied warranties, guarantees, and/or contingencies, including but not limited to appraisal, financing, inspection, and/or property condition. All information contained in this description gathered from sources deemed to be reliable but not warranted. PROPERTY SOLD free and clear of liens and other encumbrances.
WINNING BIDDER RESPONSIBLE for applicable closing costs, including personal attorney fees, deed transfer tax and recording fees, et al.
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NO TRANSFER WILL BE RECOGNIZED BY ONE BIDDER/BUYER TO ANOTHER.
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CONTACT LOUIE (304-676-2934) IF YOU HAVE ANY QUESTIONS.
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ALL BIDS MUST BE MADE IN INCREMENTS/MULTIPLES OF $250.00.
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5% Buyer’s Premium will be added to the winning bid to determine final contract price. (For example, a $300,000 winning bid would be subject to a $15,000 buyer’s premium, resulting in a final contract price of $315,000.)
NON-REFUNDABLE deposit equal to 10% of final contract price due within one day of confirmation of final winning bid. Deposit must be made via check payable to Estate of Larry E. DeHaven. Remaining balance must be paid in full within thirty calendar days.
CLOSING TO BE HELD AT HARMISON & ASSOCIATES, 11 NORTH WASHINGTON STREET, BERKELEY SPRINGS, WV.
DATE AND TIME OF CLOSING TO BE DETERMINED BY MUTUAL AGREEMENT OF BUYER AND SELLER.
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PLEASE NOTE THAT INTERNET CONNECTIONS DIFFER SIGNIFICANTLY IN BOTH RELIABILITY AND SPEED. WE DO NOT RECOMMEND WAITING UNTIL THE FINAL FEW MINUTES OF THE AUCTION TO BID; A DISRUPTION TO YOUR INTERNET CONNECTION COULD PREVENT LAST-MINUTE BIDS FROM TRANSMITTING TO THE AUCTION PLATFORM.
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BY BIDDING ON THIS AUCTION, BIDDER SHOWS ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THE AUCTION.
ALL REAL PROPERTY SOLD AS IS, with no expressed or implied warranties, guarantees, and/or contingencies, including but not limited to appraisal, financing, inspection, and/or property condition. All information contained in this description gathered from sources deemed to be reliable but not warranted. PROPERTY SOLD free and clear of liens and other encumbrances.
WINNING BIDDER RESPONSIBLE for applicable closing costs, including personal attorney fees, deed transfer tax and recording fees, et al.
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ALL BIDS MUST BE MADE IN INCREMENTS/MULTIPLES OF $250.00.
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5% Buyer's Premium will be added to the winning bid to determine the final contract price.
NON-REFUNDABLE deposit equal to 10% of final contract price due within one day of confirmation of final winning bid. Balance (including buyer's premium) due within thirty days. Deposit must be paid with check made payable to Estate of Larry E. DeHaven.
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No transfer will be recognized by one bidder/buyer to another.
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PLEASE NOTE THAT INTERNET CONNECTIONS DIFFER SIGNIFICANTLY IN BOTH RELIABILITY AND SPEED. WE DO NOT RECOMMEND WAITING UNTIL THE FINAL FEW MINUTES OF THE AUCTION TO BID; A DISRUPTION TO YOUR INTERNET CONNECTION COULD PREVENT LAST-MINUTE BIDS FROM TRANSMITTING TO THE AUCTION PLATFORM.
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BY BIDDING ON THIS AUCTION, BIDDER SHOWS ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THE AUCTION.
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Using Youngblood and McPeak Auctions Auction Services:
By using our services, it is assumed that you have read the guidelines provided here and are expected to follow them.
Auction Overview and General Disclaimer:
All bidders will need to register a credit card as a form of identification. Your card will be charged $1 to verify and immediately refunded.
Youngblood and McPeak Auctions' website, YAMauctions.com, is a service for buyers to bid through an online auction format.
Youngblood and McPeak Auctions may take action against a registered user for their conduct, and reserve the right to exclude any company or individual from access to our services if we determine their actions to be inappropriate.
The Internet being the fragile environment that it is, Youngblood and McPeak Auctions cannot be held responsible for server down time, or the inability to access our site through a user’s ISP.
Notifications sent by Younglood and McPeak Auctions and/or YAMauctions.com via E-mail may possibly take longer than expected, and cannot be counted on to inform you of an item's status. In the event of any problems, we reserve the right to cancel, restart, or extend an item or a complete auction as the circumstances may dictate.
Fees and Buyer's Premium:
A 5% Buyer’s Premium will be added to the winning bid to determine the final contract price of the property. (For example, a $300,000 winning bid would be subject to a $15,000 buyer's premium, resulting in a final contract price of $315,000.)
Auction General:
The auction and related services provided by Youngblood and McPeak Auctions through the YamAuctions.com Website ("Service" or "Services") and the use of the Website and provision of the Services are governed by these Terms and Conditions (the "Terms and Conditions"). By accessing or using the Services or the Website or by registering as either a buyer or seller ("Buyer", "Seller" or "User"), you agree that (1) you have read the Terms and Conditions, (2) you understand the Terms and Conditions, and (3) you are bound by the Terms and Conditions in your use of the Services and the Website. If you do not agree to the Terms and Conditions, you may not access or use the Services or the Website. If you do not understand the Terms and Conditions, please contact Youngblood and McPeak Auctions by phone at (304) 676-2934 and we will do our best to answer your questions or concerns.
Auction Registration:
All bidders must register online at www.YAMauctions.com or at the auction site before they can participate. Live auction events require a valid driver's license or a photo identification. Real estate auctions may have additional registration requirements. Youngblood and McPeak Auctions may, in its sole discretion, deny registration to any person or entity. You must be at least 18 years old to bid on any item. After accepting registration, refusal to permit a person's (or entity's) continuing use of the Services and the Website for any reason is at Youngblood and McPeak Auctions sole discretion.
Changes to Services, Website and Terms and Conditions:
User acknowledges and agrees that Youngblood and McPeak Auctions may change, modify, amend, suspend or discontinue any aspect of its Services or its Website, at any time, without notice and without liability to User or to any third party. Youngblood and McPeak Auctions reserves the right to impose limits on certain features of the Services or the Website, at any time, without notice and without liability to User or to any third party. User acknowledges and agrees that Youngblood and McPeak Auctions may amend the Terms and Conditions (including fees and transaction rules) at any time without notice. Any amendment of the Terms and Conditions will be reflected on the Website. User is encouraged to periodically review the Terms and Conditions posted on the Website. Use of the Services and the Website constitutes acceptance of the Terms and Conditions, including any amendments.
Auctions:
Auctions can last up to 60 days but usually last 14 to 21 days. Bidding terminates automatically at a predetermined time that will be posted in the Auction Details. All times are Eastern Standard Time Zone.
ALL of our real estate auctions close using an extended bidding format. This feature allows the auction to function like a live auction by extending the time to five (5) minutes on any item that has active bidding within the last minute of that item closing. It also allows customers with slower computer connections a fair opportunity to bid; by eliminating the bidders that use computer sniping software to place bids within the last second of an auction out bidding you.
When the auction ends, all winning bidders will be notified by e-mail within 24 hours of auction close. Please wait for your email before contacting Youngblood and McPeak Auctions.
If the winning bidder fails to perform within one (1) business day (24 hours), Youngblood and McPeak Auctions reserves the right to contact the next highest bidder to offer the item to them, and the original high bidder may lose their place as the winning bidder. This does not relieve the original bidder of any obligations to Youngblood and McPeak Auctions. Nonperforming Bidder will be liable for any and all losses, attorney's fees, storage, collection costs etc. due to bidder nonperformance. Youngblood and McPeak Auctions may, in its sole discretion, either accept what it deems to be the final bid or solicit further bids on the item in dispute. All sales are final. No returns or refunds will be permitted, unless authorized by the seller in writing. In the event of any dispute concerning the winning bid price for an asset, the record kept by Youngblood and McPeak Auctions shall prevail.
Buyer Conduct:
In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants (1) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions, (2) that it has the capacity to close the transaction, (3) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and (4) that any bid that is made on an item constitutes an irrevocable offer to buy the item for the full amount of the bid.
Auction Bidding:
In order to bid in an auction, you must first register with Youngblood and McPeak Auctions at YAMauctions.com. On every item in an auction, a minimum bid and a maximum increase (also called "bid increment") is set by our system. Our software will not accept a bid lower than either the opening bid, or the current bid plus the minimum increment (increase).
If an inappropriate bid is placed, a bidder will be notified immediately that their bid was not accepted and provided with an option to correct the bid. Any current high bidders who are overbid at this time will receive notification by E-mail.
On items with a quantity of one (1), a Maximum Bid may be placed when bidding on an item (this is sometimes called a "proxy bid"). A Maximum Bid is confidential and will be used by our system to increase your bid automatically in case you are outbid by another user. Our system will only bid high enough to outbid the current high bidder, according to the minimum bid increment (increase). This can be a very nice feature, because it allows the system to bid on your behalf, so you don't have to constantly monitor an auction.
Bidders are strongly encouraged to examine or inspect the property prior to bidding. Contact us to schedule a preview appointment for the property.
ALL ITEMS ARE SOLD AS IS, WHERE IS AND WITH ALL FAULTS.
Youngblood and McPeak Auctions makes every attempt to collect and disclose as much information for each item as possible. All information deemed reliable but not guaranteed.
Assets are intended to be sold without software, if any is applicable. In the event that a Seller's software is included in an asset sale, notwithstanding the disclaimers set forth above, Youngblood and McPeak Auctions makes no representations or warranties regarding the Buyer's right to use such software, as to the performance of the software, its non-infringement or otherwise.
Youngblood and McPeak Auctions relies on information about assets in the auction provided by the seller. Youngblood and McPeak Auctions undertakes no investigation of that information, and makes no representation or warranty concerning the truth or completeness of that information. Photographs are provided solely for the bidders' convenience and shall not be construed to create representations or warranties of any kind pertaining to the assets. Buyer acknowledges that it has had the opportunity to inspect all assets prior to tendering its bid and waives any and all claims against Auctioneer and/or seller relating to asset photographs or descriptions.
Youngblood and McPeak Auctions provides the Services and the Website so that Sellers may offer assets for sale and Buyers may place offers to purchase these assets. Youngblood and McPeak Auctions is not an agent of Buyer or Seller. Youngblood and McPeak Auctions does not have the power to transfer title to any assets offered by Sellers. Additionally, Youngblood and McPeak Auctions makes no representation or warranty of any kind as to the willingness or ability of either Buyer or Seller to complete a sale. Youngblood and McPeak Auctions provides the Services and the Website so that Sellers may offer assets for accordance with the Agreement. Buyers and Sellers are solely responsible for independently verifying the background and creditworthiness of those Users with whom they enter into, or with whom they prospectively will enter into, a transaction, as well as the condition or any description of an asset involved in a prospective transaction.
Auctions may be run with reserve prices. The reserve price is the lowest price the seller is willing to accept for the item. The reserve price is not disclosed to bidders. This feature enables the seller to list their items at a lower starting price without being obligated to sell the item until bidding reaches their reserve level. This is usually done to encourage bidding on an item.
In the event of any dispute regarding any transaction conducted through use of the Services or the Website (a "Dispute"), User hereby releases Youngblood and McPeak Auctions, its affiliates, subsidiaries, and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns (the "Released Parties"), and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorneys' fees, which User may have against the Released Parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.
User Conduct:
User is solely responsible for all conduct and transmissions that take place under its User name and password. Without limiting the foregoing, User represents, warrants and covenants that its use of the Services and the Website shall not:
(a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation. Without limiting the foregoing, User represents, warrants and covenants that it will not sell or buy any assets that may not be lawfully offered for sale or purchase in the United States and that User will not export from the United States any asset in violation of U.S. law. Certain items offered for sale at an auction may constitute 'Restricted Technology.' Under federal law, such items may not be shipped outside of the United States. Mountain State Auction Services makes no representation or warranty concerning, and has conducted no investigation to ascertain which items, if any, constitute Restricted Technology;
(b) interfere with or disrupt computer networks connected to the Service or the Website;
(c) impersonate any other person or entity, or make any misrepresentation as to User's employment by or affiliation with any other person or entity;
(d) forge headers or in any manner manipulate identifiers in order to disguise the origin of any User Information;
(e) interfere with or disrupt the use of the Services or the Website by any other User, nor "stalk", threaten, or in any manner harass another User;
(f) upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Services, the Website, or that of other computer systems;
(g) use the Services or the Website in such a manner as to gain unauthorized entry or access to the computer systems of others;
(h) upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offense, give rise to other liability, or otherwise violate applicable law;
(i) upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable; or
(j) reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
Buyer Conduct:
In addition to those other obligations set forth herein, Buyer acknowledges and agrees that by placing a bid on an asset, Buyer represents, warrants and covenants...
(a) that it shall not misrepresent its ability to close the transaction pursuant to the terms and conditions of sale, and in accordance with these Terms and Conditions,
(b) that it has the capacity to close the transaction,
(c) that it has actual authority to enter a bid, and to enter into an agreement to purchase the asset, and
(d) that any bid that it makes on an item constitutes an irrevocable offer to buy the item for the full amount of the bid. Youngblood and McPeak Auctions may, in its discretion, offer the assets for sale by the piece or by the lot.
In addition, Youngblood and McPeak Auctions may augment this auction with assets from various sellers. These assets may be interspersed throughout the auction. The seller has the right to remove assets from the auction either before or after bidding has completed. In the event of a removal after bidding has been completed, the purchaser's sole remedy shall be the refund of any purchase price actually paid.
Youngblood and McPeak Auctions will announce any additions to or deletions from the catalog on the day of the auction. Youngblood and McPeak Auctions and the seller assume no responsibility for, and make no representations or warranties concerning, descriptions of assets contained in marketing materials for the auction. It is the bidders' obligation to verify such descriptions prior to the auction.
Neither Youngblood and McPeak Auctions nor seller shall be liable for any damages of any type or nature (whether in contract, tort or otherwise) sustained or claimed by any bidder or any other person or entity in connection with the auction. Without limiting the foregoing, in no event shall Youngblood and McPeak Auctions liability to any bidder for any act or omission occurring in connection with the auction exceed the amount that such bidder has actually paid to Youngblood and McPeak Auctions as a deposit or as payment for a purchased item.
Auction Closing and Payment:
Each auction has its own ending time listed on the bidding form. Auctions end automatically at this time. Notifications are sent out to the winning bidders. Youngblood and McPeak Auctions may, in its discretion, charge a buyer's premium or other service charge on assets sold. All such charges will be indicated in the relevant auction brochure, or other clearly marked area of the Website. If charged, the buyer's premium shall be a percentage of the sales price of each asset sold, and shall be collected in addition to the purchase price as bid.
Youngblood and McPeak Auctions will announce the removal, or "check-out," period on the day of the auction in the case of a live event. Online auctions will have the details posted on the auction event detail page. Youngblood and McPeak Auctions shall have no responsibility to disconnect utilities to the sold asset, including electric, gas, waste and water lines. It is the purchaser's sole responsibility to arrange and pay for the removal and shipment of purchased items.
Accepting Terms:
These Terms and Conditions, and all questions with respect to the interpretation of these Terms and Conditions, shall be governed by and construed in accordance with the internal laws of the State of West Virginia, without regard to conflict of laws provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of West Virginia located in Morgan County.
I have read, understand and am in agreement with all the Terms & Conditions stated above, and any auction specific terms posted. I am at least 18 years of age and legally able to enter into agreements to purchase under contract.
