Real Estate Auction Terms & Conditions
PROCEDURE: The property will be offered in 10 individual tracts, combinations of tracts (with swing tract limitations), and as a total 389± acre unit. There will be open bidding on the tracts and the entire property during the auction as determined by the auctioneer. Bids on the tracts, tract combinations, and the total property may compete.
DOWN PAYMENT: A 10% down payment is required on the day of the auction for individual tracts or combinations of tracts. The down payment may be made in the form of cashier’s check, personal check, or corporate check. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, SO BE SURE YOU HAVE ARRANGED FINANCING, IF NEEDED, AND ARE CAPABLE OF PAYING CASH AT CLOSING.
ACCEPTANCE OF BID PRICES: The successful bidder(s) will sign a Purchase Agreement at the conclusion of the auction. All final bid prices are subject to Seller’s acceptance or rejection.
EVIDENCE OF TITLE: The Seller will provide a preliminary title opinion, certificate, or report to be made available to prospective bidders for review prior to bidding. If any Buyer elects to purchase title insurance, the cost thereof will be at such Buyer’s sole expense. Seller will convey title free and clear of liens, but otherwise subject to all easements and matters of record. All tracts sold “AS IS”.
DEED: Appropriate deed will be delivered at closing.
CLOSING: Closing will take place 45-60 days after auction date, or as soon thereafter as Seller’s applicable closing documents are completed.
POSSESSION: Possession at closing with Tenant’s exclusive rights of the 2017 crop. Seller will retain cash-rent for the 2017 crop year.
REAL ESTATE TAXES: The Buyer(s) will assume the real estate taxes for the calendar year 2018 due and payable in 2019 and thereafter. If usage is changed, the Buyer is responsible for CAUV Recoupment.
TRACT MAPS; ACRES: Tract maps, depicted boundaries, and stated acres are approximates based on county parcel data, current legal descriptions, and/or aerial mapping software and are not provided as survey products.
SURVEY: Cottrill Surveying Inc. will prepare new surveys and legal descriptions according to the post-auction results. Combination purchases will only receive a perimeter survey. The type of survey provided will be at the Seller’s option. Survey costs will be shared equally between Buyer and Seller.
EASEMENTS: Sale of the property is subject to any and all easements of record.
MINERAL RIGHTS: The sale will include 100% of the mineral rights (if any) owned by the Seller.
AGENCY: The Wendt Group and its representatives are exclusively the agents of the Seller.
AUCTION CONDUCT: Conduct of the auction and increments of bidding are at the sole discretion of the Auctioneer. The Seller and Selling Agents reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. All decisions of the Auctioneer are final.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this brochure and all related materials are subject to the terms and conditions outlined in the Purchase Agreement. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation, either express or implied, concerning the property is made by the Seller or the Auction Company. All sketches and dimensions in the brochure are approximate. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in this brochure is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or the Auction Company.
ANY ANNOUNCEMENTS MADE THE DAY OF THE AUCTION TAKE PRECEDENCE OVER PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE.