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125 Stone Brook Trail, Black Mountain, NC 28711

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Exquisite custom 4BR 4.5BA 4,825+/- sf home on 10.49+/- ac built in 2007. Gated entrance assures privacy. Luxury throughout with coffered ceilings, top of the line chef's kitchen, triple garage and entertaining space inside and out.

The home features three fireplaces, outdoor living space with retractable screens, 2,100+/- sf of unfinished heated living space that will accommodate a rec room, 2 additional bedrooms and 2 baths. Property is fully furnished and seller is willing to negotiate conveying all furnishings with the sale of the property. Very private, gated entry, on top of Mountain (4,000').

Located 10 minutes from Black Mountain and 20 minutes from downtown Asheville. 2017 taxes $6,634.31

Driving directions:
I-40 east or west (depending on the direction you are coming from) to the exit for Black Mountain (Hwy 9)
If coming from I-40 west-take a right onto Highway 9 south
If coming from I-40 east- take a left onto Highway 9 south
Follow Highway 9 south for approximately 10 minutes
Once you go through the valley, make a left on Crooked Creek Road (there is a sign on the corner where you turn that says Catawba Falls)
Go 1/8 of a mile and take the first right onto Autumn Lane
Follow Autumn Lane to the top of the mountain to reach the house (where the road forks stay left)

Auction Starts:
10:00 AM EST Monday, December 3, 2018

Auction Ends:
6:00 PM EST Wednesday, December 5, 2018

Auction Location:
Online Only

Open to the Public:
Please call to schedule a private showing.

Nominal Opening Bid:
$900,000

Note: A Buyer’s Premium (Buyer’s Fee in WI) will apply for this property. Buyer pays a $199 Technology Fee at closing. Please see Terms of Sale for details.

Legal Description:
Being all of Lot 4 shown to contain 10.49 acres as described in a survey for William P. Salvato by John M. Stollery PLS dated October 11, 2005 recorded in Plat Book 100 page 37. Together with and subject to the burdens and benefits of easements for general access to and from the Crooked Creek Road public road described in Record Book 2708 Page 187, Record Book 3011 Page 597, Plat Book 82 Page 137, and in Plat Book 109 Page 96; and as "roadway three" and "roadway one" in Plat Book 100 Page 37, 30 feet wide with center line as described in Plat Book 109 Page 96 except across Kirstein (20 feet) and Morris and Williams (15 feet); and restrictive covenants and easements in Record Book 2786 Page 680 as amended in Record Book 3562 Page 659. BEING ALSO a portion of the property described in a General Warranty Deed from Brad C. Schlager and wife, Susan J. Schlager to William P. Salvato and wife, Kathleen S. Salvato dated October 13, 2005 recorded October 19, 2005 in Record Book 4123 Page 1998, rerecorded November 18, 2005 in Record Book 4139 Page 1389 and as conveyed from William P Salvato and Kathleen S Salvato to William P. Salvato recorded in Buncombe County NC on 6/12/2018 at Book 5672, page 386-388.

Disclosures:
• All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

• Escrow. Buyer acknowledges receipt of the Joint Escrow Instructions – Addendum A that modifies the Contract for Sale to provide for a designated Escrow Agent to hold
down payment funds.

• Personal Property Not Included. Only title to the real estate is being conveyed. Personal property may be present, but is not included in the auction. Removal of personal property remaining on site at the time of closing is the responsibility of the Buyer.

• Association Disclosure. Buyer acknowledges and understands that property is bound by the assessments and restrictions of a condo/home/property owners association, and Buyer agrees to be bound by same. Buyer agrees to assume any special assessments that may be payable in installments that are not yet due. Buyer acknowledges receipt of the declaration of covenants, conditions, and restrictions, attached hereto and filed in Buncombe County NC at Book 2786, Pages 680-683 and Book 3562, Pages 659-660

Auction Network Terms & Conditions of Service
Auction Network, LLC
Terms & Conditions of Service

All properties are offered for auction by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). Williams & Williams serves as the auctioneer and represents the owner of the property at auction. Any questions regarding the auction process or a property should be directed to Williams & Williams or its designated representative. Auction Network, LLC ("Auction Network") serves solely as the online bidding service (the "Service") provider for Williams & Williams. Your use of the Service is governed by these Auction Network Terms & Conditions of Service and the Auction Network Terms of Use located at the following URL: <https://www.auctionnetwork.com/terms-of-use,> as amended from time-to-time by posted notices or oral announcements made during any auction.

Auction and Sale Are Subject to Binding Terms & Conditions. You are registering to bid on the properties selected during the registration process, and your bid and the sale of the property are governed by the property specific Williams & Williams Contract for Sale, including all addenda, amendments, exhibits, disclosures (written and announced), and other documents attached thereto (together, the "Contract for Sale"), and the Sale Day Notes, Terms & Conditions of Sale, and Terms of Sale. Each of these documents are available for your review at the Williams & Williams property specific web page. DO NOT BID UNLESS AND UNTIL YOU REVIEW THESE DOCUMENTS. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE AND TERMS OF SALE. In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale and Terms of Sale, the Williams & Williams Terms & Conditions of Sale and Terms of Sale shall control in each instance.

No Warranty or Guarantee. Auction Network has no authority to, and does not provide any, guarantee, warranty, or covenant, of any kind or nature, regarding a property. Per the Williams & Williams Terms & Conditions of Sale and Terms of Sale, all properties auctioned are sold "AS-IS, WHEREIS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the seller and there are no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property to determine the suitability of each property prior to submitting a bid. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Williams & Williams. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for a claim adjustment or cancellation of a sale. Neither Auction Network nor Williams & Williams assumes any risk, liability or responsibility for the authenticity of the authorship of any property or livestock offered at auction (that is, the identity of the creator or the period, culture, source or origin, or lineage, as the case may be, with which the creation of any property is identified).

Cancellation; Liquidated Damages. If the high bidder breaches any portion of these Terms & Conditions, the auction Terms of Sale, or the Contract for Sale and/or fails to return executed copies of all required documents or the required down payment, the bidder's high bid offer shall be rejected by the seller and all rights to purchase the property, if any, shall terminate with the seller having the right to offer for sale or sell the property to another without limitation, and the bidder shall pay Williams & Williams liquidated damages in an amount equal to the bid deposit held on bidder's credit card at the time of registration (regardless of whether the bidder actually processed the bid deposit). The bidder hereby authorizes Williams & Williams to charge the credit card used to register for the Event in the amount of the hold to satisfy all or part of the liquidated damages owed to Williams & Williams by bidder. BIDDER AGREES THAT IT IS EXTREMELY DIFFICULT OR IMPOSSIBLE OR IMPRACTICAL TO ACCURATELY ESTIMATE THE AMOUNT OR EXTENT OF WILLIAMS & WILLIAMS' ACTUAL INJURY OR DAMAGE RESULTING FROM A MATERIAL BREACH OF THIS AGREEMENT BY THE BIDDER AND BASED ON THE UNCERTAINTY OF SUCH ESTIMATION, THE BIDDER AGREES THAT LIQUIDATED DAMAGES IDENTIFIED HEREIN ARE A PROPER REMEDY FOR BIDDER'S MATERIAL BREACH OF THIS AGREEMENT. THE BIDDER FURTHER AGREES THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN CONSTITUTES A REASONABLE AND SATISFACTORY PRE-BREACH ESTIMATION OF EACH PARTY'S DAMAGES, AND SHALL NOT IN ANY WAY BE CONSIDERED A PENALTY OR FORFEITURE.

Auctioneer Powers. The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Any property may be withdrawn by Auction Network or Williams & Williams at any time before the actual sale without any liability therefore. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he or she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject such advance.

Governing Law. These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions of Sale and Terms of Sale, as well as the online buyer's rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Oklahoma. By bidding at this auction, whether in person or by agent, order bid, telephone, online, or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma.

Internet & Network Disclaimer. Auction Network, Williams & Williams, and the Seller are not responsible for technical difficulties during online or remote bidding. Occasionally, the Auction Network online bidding interface may be unable to submit bids in the live auction due technical difficulties including, without limitation, the lack of sufficient communication infrastructure at the location of the live auction. Online bidders are advised to place an absentee bid at least 1 day prior to the live auction to ensure their bid is entered into the live auction on the online bidder's behalf.

Williams & Williams Terms & Conditions of Auction
125 Stone Brook Trail, Black Mountain, NC 28711

Thank you for participating in this Williams & Williams (“Auctioneer”) Online Auction.  The auction and conveyance of each property shall be governed by, and your registration (online and/or in person) evidences each bidder’s agreement with, the Contract for Sale at Auction, including all addenda, exhibits, disclosures, and other required documents (together, the “Contract for Sale”) and Sale Day Notes, Disclosures, the Auction Network, LLC Terms of Service, and these Terms of Sale.  Each of these documents govern your bid and the sale of each property.  The Terms of Sale are non-negotiable and irrevocable. Good luck and good bidding!

In order to bid on the auction items, all bidders must have a registered account as a Member of williamsauction.com and enrolled to bid on the specific property in question. There is no fee to create an account, however a credit card is required to verify identification and to pay the bid deposit required (see bid deposit terms below) to bid on some properties.  In addition, the high bidder will be required to pay a Williams & Williams Technology Fee of $199 at closing.  By bidding you are representing to the Auctioneer and the seller that you have read and agree to be bound by all terms and conditions for this sale as stated herein.  DO NOT BID unless you have read and agreed to be bound by the Contract for Sale, Sale Day Notes, Disclosures, Auction Network, LLC Terms of Service, and the auction Terms of Sale as they are enforceable against you.

THE AUCTIONEER PROGRAM.  The sale is controlled by the auction program.  Auctioneer is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.

SUBJECT TO SELLER ACCEPTANCE.  All auctions are subject to court or seller approval. Most sales are approved within fourteen (14) days. High bidders are not allowed possession until filing of the deed, at which time the property should be re-keyed. "Showing" requests from high bidders after the auction may not be accommodated by the seller.

AUCTION PROCESS.  Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved.  The Auctioneer will call the sale and control all increments of bidding. The bidding will continue for a period of three (3) days for each property.  The auction ends at a predetermined time with an Overtime Period if necessary, which is defined as follows: if a bid is placed within three (3) minutes of the close of bidding, then another three (3) minute period commences from the time of the last bid until no bids are placed within the next three (3) minutes. The last bid shall be made final.

BUYER’S FEE.  A Buyer's Premium (Buyer's Fee in WI) of 5% ($10,000 minimum) will be applicable to the sale of each Property (see Property Description section of the property webpage). The Auction Services or Buyer’s Premium (Buyer’s Fee) is added to the high bid and included in the total purchase price.  PLEASE SEE THE PROPERTY DESCRIPTION SECTION OF THE PROPERTY WEBPAGE TO DETERMINE IF EITHER AN AUCTION SERVICES FEE OR BUYER’S PREMIUM (BUYER’S FEE) APPLIES.  In addition, please review the Sample Contract for Sale and/or the Auctioneer regarding specific information and terms related to each property and auction. 

CANCELLATION; LIQUIDATED DAMAGESIf the high bidder breaches any portion of the of these auction Terms of Sale, or the Contract for Sale and/or fails to return all executed copies of all required documents or the required down payment, the bidder’s high bid offer shall be rejected by the seller and all rights to purchase the property, if any, shall terminate with the seller having the right to offer for sale or sell the property to another without limitation, and the bidder shall pay Auctioneer liquidated damages in an amount equal to the bid deposit held on bidder’s credit card at the time of registration (regardless of whether the bidder actually processed the bid deposit).  The bidder hereby authorizes Auctioneer to charge the credit card used to register for the Event in the amount of the hold to satisfy all or part of the liquidated damages owed to Auctioneer by bidder.  BIDDER AGREES THAT IT IS EXTREMELY DIFFICULT OR IMPOSSIBLE OR IMPRACTICAL TO ACCURATELY ESTIMATE THE AMOUNT OR EXTENT OF AUCTIONEER’S ACTUAL INJURY OR DAMAGE RESULTING FROM A MATERIAL BREACH OF THIS AGREEMENT BY THE BIDDER, AND BASED ON THE UNCERTAINTY OF SUCH ESTIMATION, THE BIDDER AGREES THAT LIQUIDATED DAMAGES IDENTIFIED HEREIN ARE A PROPER REMEDY FOR BIDDER’S MATERIAL BREACH OF THIS AGREEMENT. THE BIDDER FURTHER AGREES THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN CONSTITUTES A REASONABLE AND SATISFACTORY PRE-BREACH ESTIMATION OF EACH PARTY’S DAMAGES AND SHALL NOT IN ANY WAY BE CONSIDERED A PENALTY OR FOREFEITURE.

DOWN PAYMENT.  Each high bidder must make a ten percent (10%) non-refundable deposit per property with a $5,000 minimum amount at the conclusion of the auction. If the minimum down payment amount exceeds the Total Purchase Price reflected on the Contract for Sale, the down payment will be modified to an amount equal to the Total Purchase Price.  Please review the auction Terms of Sale, Contract for Sale, and/or Disclosures for the required Down Payment amount.   Electronic wire funds, ACH Debits, and cashier's checks are the only forms of payment accepted. If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. Once the Seller approves the Sale, the down payment will be credited to the Contract. The balance of the purchase price, all closing costs, and the Technology Fee are due at closing. Buyer is responsible for escrow and closing fees as dictated in the Property specific Contract for Sale. Total escrow and closing fees typically range from $750-$3000. IT IS THE BUYER’S RESPONSIBILITY TO CONTACT A LOCAL TITLE AGENCY OR REAL ESTATE ATTORNEY FOR A PROPERTY SPECIFIC ESTIMATE PRIOR TO PLACING A BID. Deposits will not be forwarded to any title company, or other party, for closing until Auctioneer's financial institution has received "good, cleared funds" for the deposit.

CONTRACT PROCESS.  Within twenty-four (24) hours immediately following the close of the auction, Auctioneer or Title Company shall contact the high bidder by electronic mail, telephone, or facsimile to provide documents for execution. All purchase documents will be provided to the high bidder and the high bidder will be required to sign and return all purchase documents to Auctioneer via overnight delivery. High bidder shall have forty-eight (48) hours following the auction to return the Contract for Sale and required documents and the required down payment.  Failure to return these items in the time-frame allotted shall result in the forfeiture of bidder bid deposit as liquidated damages pursuant to these Terms of Sale and the Auction Network Terms of Service. If you wish to have the purchase documents reviewed by an attorney, please contact Auctioneer PRIOR to the auction and we will provide them to you for review so as to not delay the post auction process. You may also obtain a copy of the pertinent auction and sale documents on our website at www.williamsauction.com. The Contract for Sale and Terms of Sale are not subject to negotiation.

CONTRACT FOR SALE DEFAULT.  If the high bidder executes and returns the Contract for Sale and other required documents and the down payment, but fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount), the high bidder shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all down payment monies as liquidated damages to Seller.  PLEASE BE ADVISED: Various state statutes give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act.

AS IS, WHERE IS SALE.  All properties are sold "AS IS, WHERE IS" with no financing, inspection, or other contingencies to sale. Auctioneer represents the seller only and does not inspect properties on bidder's behalf. Bidders must conduct their own due diligence and investigation of each property to determine the suitability of each parcel prior to placing a bid. Bidders must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a bidder to be fully informed on the condition of a property will not constitute grounds for a claim adjustment or to cancel the sale.  All the information contained regarding this property was obtained from official county maps or other sources deemed reliable, but is not guaranteed and may be in error.  Furthermore, the Auctioneer and Seller DO NOT WARRANT the accuracy thereof.  Seller has made no independent investigation of any information provided, and assumes no responsibility for the providing of or absence of any information, whatsoever, or for the accuracy thereof.  Read the Contract for Sale and Sale Day Notes to determine the existence of any disclosures, exclusions, representations, and disclaimers.  Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.

INSURABLE TITLE.  Unless otherwise disclosed, bidder will receive a deed and Title Insurance Policy as provided by the Closer indicated in the Contract for Sale (any mobile/manufactured housing not legally affixed to the property shall only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted in the Disclosures). Current year's taxes are pro-rated through day of closing as is customary.

NOTICE: Institutional and Fiduciary Sellers (courts, government agencies, banks and trustees) have not occupied the properties and have NO information to provide for disclosure. Properties are sold 'As Is, Where Is' and should be fully inspected prior to bidding on.

ASSUMPTION OF RISK.  YOUR INSPECTION OF THE PROPERTY(IES) IS AT YOUR OWN RISK.  AUCTIONEER, SELLER, AND THEIR RESPECTIVE AGENTS, CONTRACTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY "INVITEE" RELATIONSHIP AND SHALL NOT BE LIABLE TO ANY PERSON FOR DAMAGE TO THEIR PERSON OR PROPERTY WHILE IN, ON, OR ABOUT THESE PROPERTIES, NOR SHALL THEY BE LIABLE FOR ANY DEFECTS, DANGERS OR CONDITIONS ON THE PROPERTY(IES).  ALL PERSONS ENTER THE PROPERTY(IES) AT THEIR OWN RISK AND SHALL DEFEND, INDEMNIFY, AND SAVE HARMLESS BROKER AND SELLER, THEIR AGENTS, CONTRACTORS, AND EMPLOYEES FROM ANY AND ALL LIABILITY ATTENDANT THERETO.

DISCLAIMERS & NO WARRANTIES.  AUCTIONEER AND THE SELLER EXPRESSLY DISCLAIM ANY LIABILITY FOR ERRORS, OMISSIONS, OR CHANGES REGARDING ANY INFORMATION PROVIDED FOR THESE SALES. PLEASE READ THE CONTRACT FOR SALE, AND SALE DAY NOTES FOR A FULL AND COMPLETE UNDERSTANDING OF AUCTIONEER AND SELLER'S DISCLAIMERS.  SELLER AND AUCTIONEER HAVE NO KNOWLEDGE OF THE SUBJECT PROPERTY OR ITS FIXTURES OR CONDITION AND ARE NOT RESPONSIBLE FOR SUCH.  BIDDERS ARE STRONGLY URGED TO RELY SOLELY UPON THEIR OWN INSPECTIONS AND OPINIONS IN PREPARING TO PURCHASE PROPERTY AND ARE EXPRESSLY ADVISED TO NOT RELY ON ANY REPRESENTATIONS MADE BY THE SELLER OR THEIR AGENTS AND EMPLOYEES. PROPERTY INFORMATION MAY CHANGE WITHOUT NOTICE AND POTENTIAL PURCHASERS SHOULD INVESTIGATE ALL DATA FULLY BEFORE RELYING UPON IT.

YOU ARE ENTERING A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY, FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT. ANY BIDDER WHO FAILS TO CONSUMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.

Disclosures:
• All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

• Escrow. Buyer acknowledges receipt of the Joint Escrow Instructions – Addendum A that modifies the Contract for Sale to provide for a designated Escrow Agent to hold
down payment funds.

• Personal Property Not Included. Only title to the real estate is being conveyed. Personal property may be present, but is not included in the auction. Removal of personal property remaining on site at the time of closing is the responsibility of the Buyer.

• Association Disclosure. Buyer acknowledges and understands that property is bound by the assessments and restrictions of a condo/home/property owners association, and Buyer agrees to be bound by same. Buyer agrees to assume any special assessments that may be payable in installments that are not yet due. Buyer acknowledges receipt of the declaration of covenants, conditions, and restrictions, attached hereto and filed in Buncombe County NC at Book 2786, Pages 680-683 and Book 3562, Pages 659-660

Property Type:
Single-Family
Bedrooms:
4
Bathrooms:
4.5
Square Footage:
4,825+/- sf
Lot Size:
10.49+/- ac
Year Built:
2007
Property ID:
353364

Property is being offered by: Williams & Williams7140 S. Lewis Ave Ste 200, Tulsa, OK 74136800.801.8003

NC Broker: Jerry E King Re Lic 22778 Williams & Williams Re Lic C6474 Auctioneer: Williams & Williams Firm Auc Lic 7725

Live Online Auctions
Live Online
125 Stone Brook Trail
Black Mountain, NC 28711
Opening Bid:
$900,000
Current Bid:
$0  
Next Minimum Bid:
$900,000
Your Maximum Bid:
$0
Live Online Auction Dec 3 - Dec 5