Prospectus for 4-24-2013 Daniel Real Estate & Personal Property Auction

ABSOLUTE REAL ESTATE & PERSONAL PROPERTY AUCTION 290 Acres In Shelby & Knox Counties Sold in 3 Tracts Seller: Joe Scott Daniel Estate Mike Daniel and Thomas Daniel Personal Representatives

WEDNESDAY APRIL 24, 2013 10:00 AM Auction Held at Shelbyville Moonshiner’s Hall

REAL ESTATE To Sell at Noon Consist of 290 acres of farmland in Shelby and Knox Counties in Missouri offered in three tracts.

Directions to Tracts 1 and 2: From Leonard, MO in northern Shelby County, take Hwy. 151 north 5 ½ miles to Knox County Road 346, turn left and go west 2 miles to Knox County Road 352, turn left and go south 1 mile to the farm on the left OR from Novelty take Hwy. 151 south 2 ½ miles to Knox County Road 346, turn right and go west 2 miles to Knox County Road 352, turn left and go south 1 mile to the farm.

Tracts 1 and 2 are located on the Shelby and Knox County line with 20 acres in Shelby County Township 59N, Range 12W, Section 3 and 160 acres located in Knox County Township 60N, Range 12W, Sections 34 & 35.

TRACT 1 – Consists of 80 acres that lies in Knox County. This tract is located just off Knox County Road 352 and if sold separate will be accessed by a short end of unmaintained county road.

This tract lays great and according to the FSA office there is 71.44 acres tillable and the balance is in waterways and a narrow wooded fence row along the south side.

TRACT 2 – Consists of 100 acres with 80 acres in Knox County and 20 acres in Shelby County.

This combination tract fronts Knox County Road 352 on the north end and according to the FSA office there is 63.84 acres tillable with the

Directions to Tract 3: From Shelbyville, MO go west 6 miles on Hwy. K to Hwy. N, turn left and go south 5 miles to Shelby County Road 322, turn left and go east 2 miles to Shelby County Road 335A, turn left and go north ½ mile to the farm at the end of the road OR from Shelbina take Hwy. 36 west 5.5 miles to Hwy. N, turn right and go north 2 miles to Shelby County Road 322, turn right and go east 2 miles to Shelby County Road 335A, turn left and go north ½ mile to farm.

TRACT 3: 110 acres located in Shelby County Township 57N, Range 11W, Sections 11, 2 & 3.

According to the FSA office there is 55.77 acres tillable and the balance is in woods, river bed and private levees. The bulk of this tract lies south of the Salt River with a small piece in northeast corner lying north of the river.

This is an excellent tract with some highly productive farmland, river access and woods for hunting and recreational use.

There are signs on each of the 3 tracts and we invite you to go by and inspect at your leisure. If you need additional information or assistance please consult our website or call Charlie at 636-795-4552 or Wheeler Auctions for an appointment to view.

There is no 2013 farm tenancy so the new buyer will get full possession at closing.

Seller: Joe Scott Daniel Estate Mike Daniel and Thomas Daniel Personal Representatives

Deveny, Brown, Fortney Law Firm Jo Fortney—Attorney for the Estate 660-397-2218

MAPS TRACT 1 &2

MAPS TRACT 3

Plat Maps used courtesy of Mapping Solutions

REAL ESTATE Auction Terms and Conditions Procedure: Property shall be sold Absolute.

Down Payment: Ten percent (10%) down payment the day of auction, upon signing a purchase agreement immediately following the close of bidding. The down payment may be paid in the form of cash, personal check, business check, or cashiers check. The remainder of the purchase price is payable at closing.

YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, be sure you have arranged financing, if needed, and are capable of paying the balance at closing.

Title:

Sellers shall provide and execute a proper deed conveying the real estate to the buyer(s). Title insurance paid 50% by the seller and 50% by the buyer. Provided by Black Creek Abstract

Possession:

Possession will be given at closing,

Real Estate Taxes: Real estate taxes for the 2013 year shall be prorated toi date of closing.

Mineral Rights: The sale shall include 100% of the mineral rights owned by the sellers.

Easements: Acreage: Survey:

Sale of the property is subject to any and all easements of record.

All acreage is determined by existing legal description.

No Survey Required. Tranfers on existing legal descriptions

Closing:

Anticipated closing date shall be on or about May 24.2013 or on date mutually agreed upon between the buyer(s) and the sellers at the office of Deveny, Brown & Fortney, Attorneys at Law LLC, Edina, MO, or a mutually agreed upon location.

Agency:

Wheeler Auctions and Real Estate and its representatives are Exclusive Agents for the sellers.

Disclaimer: 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 either the sellers or the auction company. Each bidder is responsible for conducting its own independent inspections, investigations, and all due diligence concerning the property and the auction. Information contained in this brochure is subject to verification by all parties relying on it. Diagrams/dimensions in this brochure are approximate. Acreage is estimates. All information contained in this brochure and any related materials are subject to the terms and conditions of sale outlined in the purchase contract. Auction conduct and bidding increments are at the sole direction and discretion of the auctioneer. All decisions of the auctioneer are final. The sellers and the Auction Company reserve the right to preclude anyone from bidding if there is a question as to the person’s credentials fitness, intent, etc.

New Data, Corrections and Changes: Please arrive prior to scheduled auction time to inspect any changes, corrections or additions to the property information. ALL ANNOUNCEMENTS AND INFORMATION GIVEN FROM THE AUCTION PODIUM SHALL TAKE PRECEDENCE OVER PREVIOUSLY PRINTED OR STATED ADVERTISEMENT.

PERSONAL PROPERTY CONSTRUCTION & EXCAVATING EQUIPMENT Cat. D7E dozer, electric start, brush guard, hyd. lift & tilt w/ rear winch, good under carriage, 11’ semi U blade Cat 17A dozer, direct start, hyd. machine, hyd. lift, 10’ semi U blade, brush guard, serial #17A10037 Cat. 112 motor grader w/ pony motor, cab, 12’ manual blade, serial #3U.6209 JD 760A paddlewheel scraper, power shift Command 12’ Box Blade w/Scarifier, Hyd Raise and Tilt Laser transit w/ transmitter & receiver TRACTORS 1969 JD 4520 tractor, 4630 motor, dual hyds., quick hitch, new 20.8 x 38 tires w/ clamp-on duals 1962 JD 4010 diesel tractor, factory wide front, syncro range trans., 18.4 x 34 tires w/ Koyker hyd. frt. Loader w/ material bucket, bale fork and pallet forks 1952 Ford 8-N gas tractor, 3 spd. shift, new 12.4 x 28 tires AC CA gas tractor, motor bad

FARM EQUIPMENT Int. 490 – 25’ hyd. fold disc, new blades & bearings, 9” spacings JD 1100 3 pt. 18’ field cultivator w/ Buster bar harrow Crust Buster 24’ pull type hyd. lift spring tooth harrow JD pull type 5 bottom plow, hyd. lift JD pull type 6 bottom plow, hyd. & clutch lift JD F-145 – 4 bottom plow, 16” JD F-145 – 6 bottom plow, 16” Kewanee 88 – 15’ mulcher, dual inboard wheels Kewanee 13’ mulcher JD 750 drill w/ dolly wheel, 15’ NH 479 haybine, 9’ NH 56 – 5 bar 9’ side delivery rake Two prong 3 pt. big bale mover 3 Pt. bale spike Mayrath 10” x 71’ grain auger, swing around auger, hyd. lift Ford 3 pt. 6’ swivel blade Ford 3 pt. post hole digger, 9” & 18” augers MISC. 500 Gallon skid tank w/ 12v transfer pump 120 Gallon L tank w/ 12v pump, auto. nozzle w/ gal. counter 14- Corral panels, 12’ 2 – 4’ Walk-through gates Cherry picker Electric chop saw Tap & die set PICKUP – TRUCKS – TRAILERS 1992 Ford Ranger XLT pickup, 4WD, 5 spd., gas, reg. cab 1969 Ford F-600 single axle truck, 5 & 2 trans., HD 330 gas motor, w/ 13’ bed & hoist 1963 Ford F-600 single axle truck, 4 & 2 trans., gas motor, 13’ bed & hoist Int. Transtar 4200 road tractor, twin-screw, conv. Day cab, 318 Detroit, 13 sped.

1949 Royer tandem axle low-boy, 16’ bed w/ ramps Donahue tandem axle trailer, no floor

Memorandum Of Sale This agreement made and entered into this 24th day of April, 2013, by and between The Estate of Joe Daniel, Michael J. Daniel and J. Thomas Daniel, Personal Representatives, said party being referred to hereinafter as SELLER, and ______________________________________________________________________ (whether one or more individuals), hereinafter referred to as BUYER, WHEREAS, the SELLER agrees to sell and the BUYER has agreed to purchase certain real property situate in Shelby/Knox County, Missouri, and more particularly described and identified within Exhibit “A” which is attached hereto and by this reference fully incorporated herein, and WHEREAS, the parties desire to fully set forth, in writing, the various terms, conditions and covenants of their agreement.

NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND the parties agree as follows: 1.

Sale price: By mutual agreement of the parties, it is acknowl-

edged that the sale price of the real property described within Exhibit “A” shall be the gross sum of ____________________________________________ _________________________________________Dollars ($_______________).

Ten percent (10%) of the sale price, or the sum of _______________________ _________________________________________Dollars ($_______________), shall be paid by the BUYER, to Deveny, Brown & Fortney, Attorneys at Law, LLC, Real Estate Escrow Account, for the benefit of the SELLER, to be held, in escrow, pending the closing of this transaction and in accordance with the provisions and terms of this contract and delivered to the SELLER upon closing, or as otherwise authorized herein. The balance of the sale price in the sum of _______________________________________________ Dollars ($_________)

shall be due and payable upon the closing of this transaction.

The parties

acknowledge that the gross sale price referred to hereinabove has been determined, utilizing a per acre bid applied as a multiplier to an acreage of __________________________________________ acres (_____), more or less, based upon information obtained from the Knox County/Shelby County Assessor’s Office. However, the SELLER makes no express warranty or guaranty with respect to an exact acreage.

2.

Evidence of title: Within five (5) days prior to the closing date provided herein

the SELLER shall arrange for the issuance of a Commitment for an Owners Policy of Title Insurance, to be issued by a reputable title insurance company authorized to issue policies of title insurance within the State of Missouri, in the amount of the sale price.

The said policy of title insurance shall be in standard ALTA form, and shall insure title which is marketable in fact, subject only to existing roadways and such easements or right-of-ways as have been previously filed for record, and, additionally, subject to such standard exceptions as are normally included within owner’s policies of title insurance.

In the event that the aforesaid title insurance commitment should indicate any defect or discrepancy in title, then, under this circumstance, the SELLER may extend the date of closing provided herein, for an additional thirty (30) days, to allow a reasonable opportunity to cure said defect or discrepancy. However, if said defect or discrepancy cannot be cured during this period of time, then, the earnest money deposit being held, in escrow, shall be refunded to the BUYER, and neither party shall have any continuing obligation or contractual responsibility under this Contract, or otherwise. The premium cost of the Owner’s Title Insurance Policy and Commitment fees with respect to this matter shall be divided equally between BUYER and SELLER. In the event that a commitment and policy of loan title insurance is required by the BUYER, all costs and fees associated with said Loan Title Insurance Policy and Commitment shall be the exclusive responsibility of the BUYER. Title for the real property described within Exhibit “A” shall be transfered, upon the date of closing, by the execution and

delivery of a Warranty Deed to the real property described within Exhibit “A”, conveying the same to the BUYER herein, free and clear of any liens, claims or encumbrances whatsoever.

3.

Possession: Possession of the real property described within Exhib-

it “A,”, and any improvements located thereon, if applicable, shall be delivered by the SELLER to the BUYER upon the date of closing, unless otherwise provided herein.

4.

Real estate taxes: Real estate taxes for the year 2012, and prior

years, shall be the full responsibility of the SELLER. Real estate taxes for the year 2013 shall be prorated between the parties, based upon the date of closing.

5.

Inspection of property:

The BUYER specifically acknowledges

that BUYER has had a full and complete opportunity to review and inspect the real property which is the subject matter of this agreement and acknowledges that said real property is being sold and transferred by the SELLER, to the BUYER, together with any improvements which might be located thereon (if applicable) in its current “as is” condition. With the exception of warranties of title, the SELLER makes no warranties, commitments, or representations whatsoever, either directly, or through any agent, with respect to the condition of the premises, the fair market value of the same, or the physical condition of the same. It is the responsibility of the BUYER to independently determine and ascertain these matters.

6.

Liquidated damages: In the event that this transaction should not

be closed due to any fault, default, act or omission on the part of the BUYER, then, under this circumstance, the SELLER shall be entitled to retain, as liquidated damages, the down payment referred to hereinabove, it being agreed and stipulated between the parties that actual damages are difficult, if not impossible to ascertain, and it further being agreed and stipulated that time is of the essence with respect to this transaction. The escrow agent shall deliver said funds to the SELLER under these circumstances without further authorization being required.

7.

Usage and gender: Through this agreement, any pronouns used in connection herewith shall be construed and interpreted to include the plural as well as the singular number and the masculine, feminine and neuter gender, whenever and wherever the context so admits or requires.

9.

Date and place of closing: This transaction shall be closed at

the offices of Deveny, Brown and Fortney, Attorneys at Law, LLC, 215 North Main, Edina, Missouri, on the ______ day of May, 2013, at 2:00 P.M., or at such other date and place as the parties shall mutually designate in writing, at which time the balance of the purchase price shall be paid and tendered, and the Deed delivered, in accordance with the provisions of this agreement, and any other action required of the parties, in order to conclude this contract, in accordance with the terms of the same, shall be finalized.

10.

Binding nature of agreement: This agreement shall be binding

upon and shall inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. This agreement may be altered, modified or otherwise amended only by a subsequent written agreement by and between the parties. The parties to this agreement specifically acknowledge that this instrument constitutes the sole and only Contract, agreement, commitment or enforceable covenants existing between the parties and that it expressly supersedes and replaces all prior advertisements, statements, or representations of the parties, or of any agent or representative of the parties. It is acknowledged that this Contract is intended to be the final and complete expression of agreement, with respect to all of the terms, conditions and covenants associated with the sale and transfer of the real property described herein. This agreement has been prepared by Deveny, Brown & Fortney, Attorneys at Law LLC, Edina, MO., who have solely represented the interests of the SELLER herein. It is the obligation of the BUYER to obtain such independent legal advice, representation, or services as they deem appropriate with respect to the rights existing under this agreement, or in connection with the transaction described herein.

IN WITNESS WHEREOF, the undersigned have executed this agreement the day and year first above written.

The Estate of Joe Daniel By: ____________________________ Michael J. Daniel, Personal Representative

By: _____________________________ J. Thomas Daniel, Personal Representative

SELLER ________________________________ ________________________________ (Please print name) BUYER

Memorandum of Sale is subject to change or modification without notice before the sale date and the Memorandum of Sale presented on the date of sale will be final and determinative.