Tract 2-40.334 acres

EXHIBIT “B”Real Estate TERMS AND CONDITIONSThe Richard Cole EstateCartersville, Bartow County, GAThursday, June 25th at 1:00 PMThese “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 “B”, 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 the Richard Cole Estate, Steve Taylor and Michell Scoggins, Co-Executors (Seller) TO SELL, AT ABSOLUTE AUCTION, miscellaneous equipment, vehicles, firearms, personal property, and 57.56 acres of real estate located at 181 and 175 Kincannon, Cartersville, Bartow County, GA.All property, real and personal, is selling “AS IS, WHERE IS” and being conveyed by the 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 they have inspected the Property and are 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. For compliance with Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, interested purchasers have had a ten (10) day inspection period prior to the auction for assessment of possible lead-based paint hazardsWe 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 on Thursday, June 25th at 1:00 PM. This property is selling at ABSOLUTE AUCTION, regardless of price. This is an Estate sale, and if an heir is bidding, they are bidding as an individual and will close under the same terms & conditions as any other participant.CONVEYANCE: All property will be conveyed by an Administrator’s Deed with title insurance available at the Purchasers’ expense.RESERVATIONS & RESTRICTIONS: All Personal Property and Equipment are reserved. The real estate will be sold subject to any and all restrictions, public utilities, encroachments, zoning ordinances, easements, Bartow 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.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 WILL be retained by the Seller and Auctioneer as liquidated damages in addition to any other remedies prescribed by law, available to the Seller and Auctioneer.SURVEY: We are selling this property according to a registered boundary survey performed by Johnny R. Knight, Jr., GRLS #3323, which will be recorded in the Office of the Clerk of Superior Court of Bartow County, GA, prior to closing. A survey, staking, and recording fee of $2000 for Tract #1, $4000 for Tract #2, and $1500 for Tract #3 will be due and collected today. The accuracy of the survey is the sole liability of the surveyor and the Purchaser, and the Purchaser does hereby release the Seller and Dempsey Auction Co from all liability in all matters concerning the survey.CLOSING: Closing shall take place within 30 days of sale date 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 attorney is Mr. Harry White with White & Choate Attorneys at Law, 100 West Cherokee Ave, Cartersville, GA – 770.382.9591. We encourage you to contact Mr. Whites’s office ASAP to discuss closing.CLOSING COSTS: The Seller will provide an Administrator’s 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 July 27, 2026. 175 Kincannon Road is selling Subject to the Rights of the Tenant at Will.TAXES: The 2026 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 in 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 “B”.Personal Property TERMS AND CONDITIONSThe Richard Cole Estate Cartersville, Bartow County, GAThursday, June 25, 2026 CONDITIONS OF SALE: Dempsey Auction has entered into a contract with the Richard Cole Estate TO OFFER AT AUCTION miscellaneous firearms, vehicles, farm implements, equipment, and inventory.ALL personal property is selling at ABSOLUTE AUCTION, “AS IS, WHERE IS,” free and clear from all liens and judgments. 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. No warranties, either statutory or otherwise, expressed or implied, including those as to the fitness for a particular use, purpose, or merchantability, concerning the property, are given by the Auctioneer or Seller. Neither the Auction Company nor the Auctioneer makes any representation concerning the property whatsoever. All bidders acknowledge and agree by their participation in the Auction that they have inspected the Property, have had the opportunity to inspect the Property and have declined, or have not inspected the Property at all, and in any event, are not relying on any warranty or representation of the Seller, Auctioneer, or any agent thereof. No claim will be considered for allowance, adjustment, or rescission of any sale based upon the failure of the property to correspond to any particular standard of expectation.We require all bidders to register and obtain a bid number in order to participate in the bidding process. As far as possible, the auction will proceed in numerical sequence; however, it shall be at the Auctioneer's option to consolidate or break down lots or quantities offered and sell lots out of the scheduled numerical sequence.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. In the event of a tie bid, the Auctioneer shall have the right to reopen the bidding to determine the highest bidder between the tie bidders only.The Seller has the right, at their sole discretion, to add or withdraw all or any portion of the property prior to auction on Thursday, June 25th at 1:00 pm.While quantities and descriptions are believed to be correct, neither the Auctioneer nor the Sellers make any guarantees and will not be held responsible for listings or advertisement inaccuracies or discrepancies. Please inspect the merchandise, as no adjustment will be made for errors in description or quantity estimate. Be sure you bid on the lots you wish to buy - We cannot correct any errors on your part.Upon the award of the bid, title and all risk of loss, damage to, or destruction of the purchased item passes to the Purchaser, and the Auctioneer or Seller shall have no liability whatsoever for any damages to or destruction of any such lots. Dempsey Auction Company is not responsible for equipment left on the premises upon completion of the auction. Buyers are advised to remove their purchases as soon as possible or obtain insurance for potential loss.It shall be the prerogative of the Auctioneer, at his discretion, to have the right to call upon any bidder at any time during the auction sale to pay a 25% bid deposit of his purchases during the auction sale. The decision of the Auctioneer shall be final in all matters pertaining to property removal and/or the extent of contents of lots sold, etc.PAYMENT:ONSITE: All purchases must be paid for in full at the sale’s conclusion on sale day. Purchases must be paid for in cash, debit/credit card (3.5% convenience fee), cashier's check/certified check, or APPROVED personal or company check. Driver’s license will be required for all personal check and credit card purchases.ONLINE BIDDING: Online bidding is available through our MarkNet Platform. Bidding is subject to Dempsey Auction and MarkNet Alliance Terms, Conditions, and Fees. Unless requested prior to auction day, all purchases must be paid for in full at the sale’s conclusion with the debit/credit card (3.5% convenience fee) on file with your MarkNet Alliance online bidding account.BUYERS PREMIUM: There will be a 10% BUYER’S PREMIUM charged on ALL sales. SALES TAX: 7% Sales tax must be paid on the full purchase price (full purchase price consists of bid price plus buyer’s premium) unless you hold a valid sales tax exemption certificate and execute a sales tax exemption form or have a valid GATE card. Sales tax WILL NOT be collected on any farm items with a valid GATE Card.VEHICLE TITLES: All vehicle titles will be sent by certified mail within 10 business days from sale date. Please inform the Bookkeepers how you would like your vehicle titled. Sales tax WILL NOT be collected on vehicle purchases; it will be paid at the time of tag applicationFIREARM TRANSFERS: All firearms will be transferred from Cartersville Pawn & Shop in Cartersville. Upon paying for your gun, you will receive a PAID receipt and may retrieve your purchase from their location at 134 West main St, Cartersville, GA – 770.383.3080. There is a $25/Purchaser transfer fee, and this includes a background check and transfer paperwork. You must be 18 to purchase shotguns and rifles. You must be 21 and a Georgia resident to purchase handguns. PLEASE NOTE—IF YOU DO NOT PASS THE BACKGROUND CHECK, YOUR MONEY WILL NOT BE RETURNED; IT WILL BE FORFEITED. DO NOT BID ON A GUN UNLESS YOU CAN PASS THE BACKGROUND CHECK!! NO EXCEPTIONS!!CHECK OUT: NO Purchases may be removed until the conclusion of the auction, and NO items may be removed without a PAID receipt. Checkout times will be from the sale’s conclusion until 6:00 PM, and on Friday, June 26th, 8:00 AM-4:00 PM. All other times must be coordinated with the Auctioneer. There is NO SHIPPING available.BUYER’S NOTE: Dempsey Auction Company and the Seller reserve the right to amend any terms and/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. Neither the Auctioneer nor the Seller makes any 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.

FIREARM TRANSFERS: All firearms will be transferred from Cartersville Pawn & Shop in Cartersville. Upon paying for your gun, you will receive a PAID receipt and may retrieve your purchase from their location at 134 West Main St, Cartersville, GA – 770.383.3080. There is a $25/Purchaser transfer fee, and this includes a background check and transfer paperwork. You must be 18 to purchase shotguns and rifles. You must be 21 and a Georgia resident to purchase handguns. PLEASE NOTE—IF YOU DO NOT PASS THE BACKGROUND CHECK, YOUR MONEY WILL NOT BE RETURNED; IT WILL BE FORFEITED. DO NOT BID ON A GUN UNLESS YOU CAN PASS THE BACKGROUND CHECK!! NO EXCEPTIONS!!

CHECK OUT: NO Purchases may be removed until the conclusion of the auction, and NO items may be removed without a PAID receipt. Checkout times will be from the sale’s conclusion until 6:00 PM, and on Friday, June 26th, 8:00 AM-4:00 PM. All other times must be coordinated with the Auctioneer. There is NO SHIPPING available.