----PROCEDURE: The property will be offered in 7
individual tracts, any combination of tracts and as a total
94 acre unit. There will be open bidding on all tracts and
combinations during the auction as determined by the
Auctioneer. Bids on tracts, combinations and the total
property may compete.
----TERMS:
10% down the day of Auction, balance due in full upon
delivery of the merchantable title and deed free and clear
of all liens and encumbrances except as stated herein and
subject to easements or restrictions of record. A 5% buyer’s
premium will be added to final bid and included in the total
contract price. If you are the high recorded bidder on any
individual tract or combination tracts you must stay for the
entire auction. All bids accepted on the Real Estate subject
to the Sellers approval.
----CONDITIONS: Your bidding is not conditional upon
financing, so be sure you have arranged financing, if
needed, and are capable of paying cash at closing.
----TAXES:
Buyer shall assume and pay real estate taxes due and payable
in May 2010.
----POSSESSION: 30 days after closing subject to tenants
rights & after the harvesting of the 2008 crops.
----IMPROVEMENTS & FIXTURES: The Real Estate includes
all improvements and permanent fixtures used in connection
with it, (excluding any satellite receiving station or dish,
components and wiring) now in or on the Real Estate.
----SURVEY: Buyer will pay for any new survey for any
parcel where there is no existing legal description or where
new boundaries are created by the tract division at the
auction or if seller determines a new survey if needed.
Seller will furnish only one title policy on any combination
of parcels that are purchased as one unit. Tract acreage’s
are estimated from aerial view. Closing prices shall be
adjusted to reflect any differences between advertised and
surveyed acres on Tracts 6 & 7. Any offers accepted by the
seller herein will be subject to the final approval of the
Huntington County Planning Commission. If above conditions
are not approved, this agreement shall become null, void and
of no force and effect and earnest money shall be refunded
to buyers.
----AGENCY
DISCLOSURE & GENERAL OFFICE POLICIES: Ness Bros. Auction
Staff (Auctioneers and Ringmen) will represent the Seller
exclusively unless Ness Bros. Agent has a signed buyer
agency agreement with buyer, then that agent has a limited
agency with buyer.
----DEED
RESTRICTIONS TO RUN WITH TITLE: Restrictions will apply
to the land including minimum square footage on single story
homes of 1350 sq. ft. exclusive of basements, garages and
porches and no less than 1700 sq. ft. for 1 ½ or 2 story
homes, exclusive of basements, garages and porches. There
shall be no two-family or multiple-family dwellings, nor
shall there be any mobile homes on the lots of this
property, nor any off-site manufactured or modular housing
on the lots of this property. Also any out buildings of pole
building quality or better. Buyers must obtain a driveway
permit from the Huntington County Highway Department. These
restrictions will not apply if sold as one unit.
----PERIMETER DRAIN TILE EASEMENT: A drain access must
be permitted on any separate tracts on this real estate for
a perimeter drain tile outlet. If said perimeter drain tile
outlets are required by the Huntington County Health
Department they must meet Huntington County Drainage Board
approval.
----DISCLAIMER & ABSENCE OF WARRANTIES: All information
contained in the 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
expressed 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 co. Conduct of the
auction and increments of bidding are at the direction and
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.
----CLOSING: Balance of purchase price is due in cash at
closing, which will take place on or before the thirtieth
(30th) day following the Effective Date. The fee charged by
any closing agent (including an attorney acting as a closing
agent for both parties, or Buyer’s lender acting in such
capacity) for closing services shall be paid equally by the
parties. Each buyer will be responsible for paying a $195.00
transaction fee to be collected at closing.
----NOTE:
On Tract #1 there is an animal burial site, whereas, no
structure can be built on and will be as a deed restriction
to pass with this property.
----SPECIAL NOTE: The top bidder will be required to
enter into a written agreement to purchase improved real
estate contract irrevocable with earnest money deposited at
the auction site immediately following closing of the
auction. By executing this agreement, buyer is making an
offer to seller, buyer’s offer expires at 11:59 P.M. (local
time) August 12, 2008 unless seller timely accepts it. Any
personal property left in the residence and buildings or on
the land after possession date of real estate will be
inherited by the new buyers.
THANK YOU
for your interest in this offering. If you have any
questions, please feel free to talk to one of our
representatives.
