Stanley County Land Auction

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VIDEO PREVIEW

























VIDEO PREVIEW

Todd Schuetzle Broker/Auctioneer

Cell: 605-280-3115 105 South Pierre Street, Pierre, SD 57501 Email: todd@placetohunt.com


TERMS AND CONDITIONS DOWN PAYMENT: This is a cash sale auction. Buyer is required to pay fifteen percent (15%) nonrefundable earnest money deposit of purchase price on the day of sale. Balance of purchase price shall be paid in cash at the time of final closing. Your bidding is not conditional upon any financing. Buyer must have financing in place prior to sale day. SELLER CONFIRMATION: Sale shall be subject to confirmation by the Seller. The Seller absolutely reserves the right to reject any and/or all bids received on tract/tracts without cause or reason for such rejection. REAL ESTATE TAXES: The 2011 real estate taxes, payable in 2012 will be paid in full by the Seller. The 2012 real estate taxes payable in 2013 will be prorated to the date of closing. COUNTY/FSA RECORDS: Tracts will be sold by legal description as provided by the Stanley County Offices. Acres are not survey accurate. Any fencing desired will be at the Buyer’s expense. Any existing fencing is not survey accurate and does not depict boundary lines. All maps used are for illustration and marketing purposes only and are from sources deemed reliable; however, accuracy is not guaranteed and may not depict actual boundary lines. All FSA Farm Program crop bases and yields if any, as determined by the local FSA office, will transfer upon final closing. POSSESSION: Immediate possession of any Tract that would be available to be planted to winter wheat yet this fall, upon executing a purchase agreement. In the event that the Buyer wishes to conduct any spraying, fertilizing, pre herbicide, planting preparation, or any actual planting and in the event that Buyer cannot complete the successful closing of the property. Buyer’s rights to the planted crops, all fertilizer, all herbicides, all completed spraying, shall belong to and be delivered to the Seller and retained by the Seller as liquidated damages, as well as the nonrefundable earnest money amount. EASEMENTS: Any access or water line easements needed will be granted and reserved depending on the sale of each Tract or Tracts. Seller makes no representation regarding the availability of any additional or new water taps. In the event that water taps are needed in an individual tract, it will be the responsibility of the Buyer to contact and pay for any additional or new water taps and water meters. OUTLOTS: Two outlots will be retained by family members and will not be offered for sale. A 4 acre outlot located in the NE1/4 of Section 32- TWP7N- RG25E and an 18 acre tract located in the SE1/4SE1/4 of Section 29 – TWP7N-RG25E. For auction purposes these outlots are approximate acres and actual acres will be determined by survey to be paid for by the Seller. Once actual surveyed acres are determined then those acres will be subtracted from each tract (using Stanley County recorded acres) in which outlots are located in and actual remaining acres will be adjusted prior to closing. Both outlots will be platted with the Stanley County Director of Equalization and Register of Deeds. CONSERVATION RESERVE PROGRAM: East Unit Tracts will be subject to existing CRP contracts, copies of the CRP contracts will be available. All contracts now held by the Seller, to transfer to the Buyer upon final closing. Buyer will assume the CRP contracts and execute the Successor in Interest documents as required by the local FSA office. All 2012 CRP payments shall belong to the Seller. In the event that the Buyer wishes to terminate the CRP contract, all penalties and payments required by the local FSA office will be the responsibility of the Buyer, and Buyer agrees to hold Seller harmless and indemnify Seller, including reasonable attorney fees, for any penalties and payments assessed to the Buyer for Seller terminating any CRP contract. Seller is not terminating or cancelling any existing CRP contracts. TITLE: Title insurance will be provided following the execution of a real estate purchase agreement. Title insurance costs to be split 50%Seller—50%Buyer. Seller agrees to provide and execute a proper deed conveying the real estate to the Buyer(s) by appropriate deed. Real Estate will be free and clear of all liens, but subject to easement, reservations, mineral conveyances, and exceptions of records, as well as statutory rights of way. FINAL CLOSING: Final closing shall take place prior to November 10 th, 2012 or as soon after the auction date as closing arrangements and documents can be completed. Seller shall have all remedies, in law or in equity in the event that the Buyer fails to close. MINERAL RIGHTS: 50% of the mineral rights now owned by the Seller will pass to the Buyer, 50% will be retained by the Seller. Seller makes no warranty of mineral rights owned, if any. PURCHASE AGREEMENT: Successful bidders will execute a real estate purchase agreement immediately following the auction. Purchase agreement will be made available for review prior to the start of the auction. AGENCY: Dakota Properties of Pierre will be acting as exclusive agents of the Seller with the duty to represent the Seller’s interest exclusively. DISCLAIMER: All information gathered for auction purposes was provided by the Stanley County Governmental offices. The information is believed to be accurate but is subject to verification by all parties relying on it. The property is being sold ―AS IS, WHERE IS‖ basis, and no warranty or representation either expressed or implied, concerning the property such as boundaries, water supply, or soil productivity, or acreages, is made by the seller or the broker/auction company. All prospective buyers are strongly encouraged to conduct an independent investigation of the property. Dakota Properties of Pierre will not be responsible for typographical errors, misprints, or inaccurate information as provided by the Seller, County Offices, or County FSA Office. All maps that have been put together for Property Information Package are approximate and are from sources deemed reliable; however, accuracy is not guaranteed. Maps are not to scale. Existing fence boundaries may change from actual survey conducted. All acreages are approximate and have been estimated based on legal descriptions. Announcements made by the auctioneer or broker prior to the start of the auction will take precedence over any previously printed material.


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