Prospectus for 12-21-2015 Knoche Real Estate Auction, Lexington, MO

LAFAYETTE COUNTY LAND AUCTION Lafayette county

Land auction

388 Acres M/L

Estate of Fred A. Knoche aLicE aVERSMan EStatE

149+s acre

TRACT 1

Napoleon, MO, Home Place, T49N 1 Mile South on D and ¼ mile West on Old Santa Fe TR, 54 acres m/l T50N – R29W – Section 27

Tract 2

Napoleon, Home Place, 4, – R26W – Sections 40.96 acres m/l T50N –R29W – Section 26

8,

Tract 3

Home place, and Napoleon, 9 96.87 acres m/l, T50N – R29W – Sections 26 & 35

Mon., noVEMbER 25, 2013 11:00 a.m. at the farm Mon, December 21, 2015 • 10:00am Tract 4

Tract 5

1 mi South of Lexington on Hwy 0 and 1 mi East on Castle Curve Road, 60 acres m/l, T50N – R27W – Section 14

2 mi East of Dover/Waverly on Hwy 24, North on Hwy N to Willard Rd., 136.6 acres m/l, T50N – R25W – Section 22

16915 Prairie Valley Road, Mayview, MO 64071

149 Sale Location: Moose Lodge #1161, 2510 E. Main St., Lexington, MO • acres M/L • 105 m/l acres in row crops • 19 acres m/l in pasture and hay • 6.5 acres m/l in tabo Watershed Lake • 18.5 acres m/l in timber and Waterways

SELLERS: Elroyaversman, W. Knoche, Personal Sellers: Robert PersonalRepresentative Representative The Knoche Family: Levera, Ray, Edwin, Berniece, & Douglas Knoche dorothy Vollmer, charlene Mary Fisher Attorney for the Estate, Horman, John C. Giorza For For Sale Sale Information Information Contact Contact

Mike Mike Williams Williams 816-797-5450 816-797-5450

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Table of Contents Auction Information & Notes..................................................................................4 Tract descriptions, photos, assessors maps, plat maps, FSA maps, and soil maps Tract 1.......................................................................................................................5-7 Tract 2.......................................................................................................................8-10 Tract 3.......................................................................................................................11-14 Tract 4.......................................................................................................................15-17 Tract 5.......................................................................................................................18-20 Auction Sale Contract ............................................................................................21-26

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Fred A. Knoche Estate August & Fred Knoche Circa 1965

Fred A. Knoche was a highly respected Farmer that was comfortable in the Fields, Pastures, or working with Livestock. The farms he acquired are representative of his diverse agriculture background. He was a true Stockman, hard worker and certainly one who didn’t want handouts as evident in his declining to participate in all USDA Programs. Fred was always his own man, a trait that set him apart from most and endeared him to all.

Feel free to inspect these Tracts of Land at your leisure or call Mike Williams, 816-797-5450 with questions or an appointment to view the home.

We hope you will plan to be with us on sale day, visit with Fred’s family and exercise your option to purchase the Fred Knoche Farms.

Chas and Mike For Sale Information Contact: Wheeler Auction Representative,

Mike Williams • 816-797-5450

mike@wheelerauctions.com • Website: www.wheelerauctions.com SALE DAY CELL PHONES

Chas Wheeler 573-473-2508 Mike Williams 816-797-5450 Charlie Nordwald 636-795-4552 Clint Youse 660-651-4779 Sonny Ketchum 523-721-2021

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AUCTION Information & Notes

Sale Date: Monday, December 21, 2015

Sale Location: Moose lodge #1161, 2510 E. Main St, Lexington, MO Sale Procedure: The auction will consist of 5 tracts of land. Tracts 1 and Tract 2 at the home place in Napoleon, MO, will be offered first and sold as choice with the high bidders option to take either tract or both tracts at the bid price. Those are the only tracts sold as choice with the bidders option. If the high bidder only chooses one tract then we will open the bidding on the remaining tract.

Tract 3, Fred’s Home Place, Tract 4 near Lexington, and Tract 5 near Dover/Waverly will be sold in numerical order as Stand Alone Tracts.

Acreage: All acreages are approximate and accurate to the best of our ability determined by Legal Descriptions, Assessors Maps and Aerial Measurements. No future adjustments in the final sale price will be granted to either the buyer or seller of said acreages or tracts.

Contracts: Immediately following the auction we will write the land sale contracts and receive the escrow earnest money of 10% down at the signing of the contract. Payment is non-refundable and payable to Mid-West Title Company.

Closing: On or before Friday, January 22, 2016 Final Sale is Subject to the Approval of the Probate Court of Lafayette County Missouri Tenants: No tenant agreements are in place on any of the Tracts for 2016 2015 Taxes will be paid by the seller Tracts 1, 2, and 3 are serviced by Laf. Co. Water District #1 of Odessa Tracts 4 & 5 are serviced by Laf. Co Water District # 2 of Higginsville Tracts 1, 2, and 3 are serviced by KCP&L Utlities Tracts 4 and 5 are serviced by West Central Electric Utilities Tract 1, 2, and 3 are in the Wellington/Napoleon R-9 School District Tract 4 and 5 are in the Lexington R-5 School District Crop yields for 2015 were incomplete at press time as much of the crop was yet to be harvested. As many of you know, Fred fed much of his corn crops and since he did not turn in crop yields his cropping history is not available. We will update the web-site with more 2015 bean and corn yields when they become available.

NO BUYERS PREMIUM AT THIS AUCTION – what you bid is what you pay.

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TRACT 1 - Napoleon, MO This Tract is bordered by Pleasant Prairie Rd on the West & Old Santa Fe TR on the North 54 Acres M/L T50N – R29W – Section 27 46.74 FSA tillable 2014 Taxes of $165.76 Balance in Waterways, Pond, and Timbered Draw

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TRACT 1 - PLat Map

SA OL NT D TR A F . E

MO D

LD O SA N TA TR .

Ol d

Sa

nt

eT rl

PLEASANT PRAIRIE RD.

Schumacher Trl

OLD S

6

www.wheelerauctions.com MICHEAL RD.

Fairchild Ln

MO D

Pleasant Prairie Rd

SCHUMACHER TR.

aF

Hwy D

FE

Pleasant Prairie Rd

TRACT 1 - Assessors MAP

CRD PLEASANT PRAIRIE RD S

LTRACT D SAN 1 - FSA Map TA FE TRAIL E

CR

6 30.02 10 6.73 EASANT IE RD N

CRD O

TRACT 1 - SOIL MAP

D

O

LD

SA N TE

FE

TR AI L

W

C S A RD T R NT O L AI E F D L E E

11 9.99

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TRACT 2 - Napoleon, MO This tract is just north of the Knoche Farmstead and has Old Santa Fe Tr frontage T50N – R29W – Section 26 40.96 Acres M/L 34.99 FSA Tillable 2014 Taxes in combination with Tract 3 were $1791.25.

They will be approximately $160 taxes in 2016 Balance in waterway, well fenced and well drained pasture

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TRACT 2 - PLAT MAP

TRACT 2 - ASSESSORS MAP

MO D

LD O SA N TA TR .

Ol d

Sa

nt

t d

PLEASANT PRAIRIE RD.

macher rl

aF

eT rl

Hwy D

FE

Pleasant Prairie Rd

SA OL NT D TR A F . E

OLD SANTA FE TR. mike@wheelerauctions.com

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TRACT 2 - SOIL MAP

TRACT 2 - FSA MAP

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TRACT 3 - Napoleon, MO This Tract is the Napoleon, MO home place, 1 mile South of 24 HWY on HWY D, then ¼ mile West on Old Santa Fe Tr. T50N – R29W – Sections 26 and 35 96.87 Acres M/L 49.45 FSA Tillable in crop ground 34.88 FSA Tillable in pasture much of which could go into row crops The balance is in waterways, ponds, and farmstead area. 2014 Taxes in combination with Tract 2 were $1791.25. Taxes will be approximately $1630 for 2016.

This Tract was Fred’s home and outbuildings including hay barn, machine sheds, cattle barns, grain bins, and cattle feed lot. The two large bins are 6900 and 5900 bushel capacity. A primitive log structure is just to the south of the home and offers a unique look of the earliest dwellings of the area. The unattached garage is large with room for a shop area.

The house is 1628 sq. Brick structure with 407 sq. upstairs and a full basement.

Although the home, built in 1954 is extremely dated and will require some reconditioning, such as paint, carpet, water pipes, updated electric and appliances, it is extremely well built, solid from basement to roof. Central air and propane furnace with a 1000 gallon propane tank are included.

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TRACT 3 - PHOTO GALLERY

Machine Sheds

Home

Pasture

Grain Storage

Row Crops

Feed Lot Tract 3 offers diversified farming at its best!

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TRACT 3 - PLAT MAP

SA OL NT D TR A F . E

MO D

SA N TA TR

Sa

nt

aF

eT rl

PLEASANT PRAIRIE RD.

.

Ol d

Hwy D

FE

Schumacher Trl

OLD SANTA FE TR.

MICHEAL RD.

Pleasant Prairie Rd

Fairchild Ln

MO D

Pleasant Prairie Rd

SCHUMACHER TR.

LD O

Pleasant Prairie Rd

TRACT 3 - ASSESSORS MAP

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TRACT 3 - SOIL MAP

TRACT 3 - FSA MAP

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TRACT 4 - LEXINGTON, MO The Tract 4 is located 1 ¼ mile south of Lexington on RT O, then East approximately 1 mile on Castle Curve Rd continuing along the easement to the property.

T50N – R27W – Section 14 60 Acres M/L 32.77 Acres M/L FSA Tillable 27.23 Acres M/L in Pasture and Large Lake 2014 Taxes of $219.78 Tract 4 offers approximately 24 acres of good pasture with a large stocked lake for livestock water. As in many cases, much of the pasture could go into crop production. The row crop ground lays well and is accessed via a 30’ easement from the end of Castle Curve Rd to the property. A portion of the easement is through the pasture and off of the gravel.

The Easement is pictured with this farm description.

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TRACT 4 - ASSESSORS MAP

Ga r

TRACT 4 - EASEMENT MAP

ri s on

Cr e

ek

Dotted line on maps represent approximate easement N. location O LE L Ln C e l n iso arr Co G reek C

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TRACT 4 - FSA MAP

Dotted line on maps represent approximate easement location

TRACT 4 - SOIL MAP

TRACT 4 - Plat map

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TRACT 5 - WAVERLY, MO This tract is located 2 mi East of Dover/Waverly on Hwy 24, North on Hwy N to Willard Rd.

T51N – R25W – Section 22 136.6 Acres M/L 72.05 Acres FSA tillable 39.15 Acres in quality well fenced pasture Balance in waterways, timber, lake, pond, and grass strips 2014 Taxes of $274.03 include both the farm ground and 3.2 acres of ground designated as Tabo Watershed allotment.

Dairy barn with miscellaneous storage space sets near the property entrance in the southern portion of the farm. The corn yield for 2015 was 152 bu/ac.

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TRACT 5 - PLAT MAP

TRACT 5 - FSA MAP

Hwy

N

MO N

Hwy N

Willard Rd

WILLARD RD.

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TRACT 5 - SOIL MAP

TRACT 5 - FSA MAP

RT N S

10 5.48

RT N N

1 9.29

23 39.15 15 5.8

CRD WILLARD RD W

20

11 59.45

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CRD WILLARD RD E

3 3.31

AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION THIS AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION (later called the “Agreement”), made and entered into as of this 21st day of December, 2015 by and between Elroy W. Knoche, Personal Representative for the Fred A. Knoche Estate (collectively later called the Seller) and_________________________________________ _______________________________________________________________________ _______________________________________________ (later called the “Purchaser”), as the highest bidder on the property (as defined in Paragraph 1) at the public auction on this date (the “Auction”), is made subject to the following terms, covenants and conditions: 1. PROPERTY: Seller agrees to sell and Purchaser agrees to purchase tract(s) __________ sold as a total amount and/or __________ sold on a per acre basis with approximately __________more or less total acres of real estate situated in Lafayette County Missouri. Purchaser hereby acknowledges and understands that the Property is being sold on an “as is where is” basis. Purchaser further acknowledge that this Agreement is not contingent upon financing and that failure to close this transaction on or before Friday, January 22, 2016 due to any delay caused by Purchaser shall constitute a forfeiture of the Earnest Money.

2. PURCHASE PRICE: Purchaser agrees to pay to the Seller the total sum of _____________________________________________________ (the “purchase price”).

Purchase price is figured from: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________.

Upon execution of this agreement, the Purchaser will pay by check and not in cash _______________________________________________________________________ (which amount is equal to ten percent (10%) of the Purchase Price as Earnest Money made payable to and to be held in the escrow account of Mid-West Title Company Lexington, MO as escrow agent, there under for delivery to the Seller at the time of closing or as otherwise provided for herein.

The balance of the Purchase Price shall be paid by Purchaser to the Seller at closing in cash or form of payment acceptable to the Seller.

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3. TITLE: Seller shall furnish Purchaser with an Owners Title Insurance Commitment (Title Commitment), issued by Mid-West Title Company Lexington, MO. Title insurance premium paid for by the sellers. The Title Commitment shall commit the subject title company to issue Purchaser its standard owner’s policy in the amount of the purchase price, showing title to the Property in the name of the Seller. In the event that the Seller is unable to convey the Property in accordance with the terms of this agreement, Purchaser shall elect to either (a) take the Property encumbered with the objectionable exceptions to the title and waive any and all objections thereto without abatement of the Purchase Price, or (b) receive a refund of the Earnest Money, and upon such refund being made, this Agreement shall terminate and be of no further force and effect.

4. SURVEY: If survey is necessary, survey shall be provided at Seller’s expense a new survey reflecting the legal description, acreage and boundary lines for any Tract of the Property where there is no existing legal description or where new boundaries are created by the divisions of Tracts at the Auction. Any need for a survey shall be determined at the sole discretion of the Seller. If a new survey is determined to be necessary by the Seller, the Purchase Price shall be adjusted to reflect any difference between the bid acreage and the surveyed acreage. Purchaser will then have a revised Purchase Price calculated

by Multiplying the surveyed acreage by the actual Purchase Price per Acre indicated in Paragraph 2.

5. CLOSING AND POSSESSION: The “Closing” shall take place on or before Friday, January 22, 2016, at the office of Mid-West Title Company Lexington, MO and at a time designated by the Seller and agreed upon by Purchaser. Concurrently with the Closing, Purchaser shall pay to the Seller the Purchase Price, less the Earnest Money as provided for herein. Upon full receipt of the entire Purchase Price by Seller, Seller shall deliver to Purchaser special warranty deeds from each selling entity conveying title in the property to the Purchaser. Purchaser shall pay the charge for recording the Deed. Seller and Purchaser agree to execute any real estate transfer declarations required by the state, county or municipality in which the Property is located. The Seller and Purchaser agree to provide and to execute such further documents as may be necessary or customary to close this Agreement (e.g., Seller Affidavit; FITPTA Affidavit; Organizational documents and closing statement) and equally for closing costs. Purchaser shall be entitled to possession of the property on the Closing date.

6. CASUALTY: Seller will keep the Property and Improvements insured until closing. If the improvements on the property are substantially damaged or destroyed by fire or other casualty prior to closing, then Buyer will have the option of accepting all of the insurance proceeds and proceeding to close this Agreement, or terminating this Agreement. If this Agreement is terminated due to this paragraph then the earnest money will be returned to the Buyer.

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7. WARRANTIES: Purchaser acknowledges that Purchaser has been given an opportunity for a full inspection of the property and related information and further acknowledges with respect to this agreement that Purchaser is satisfied in all respects with the condition of the Property and all matters pertaining thereto. Purchaser accepts the Property “as is” and in its present condition with Purchaser assuming risk thereof.

Purchaser understands that Seller makes no warranty or representation of any kind, either implied or expressed or arising by particular purpose of the Property or any portion thereof, and in no event shall Seller be liable for consequential damages. Purchaser acknowledges that Seller has not agreed to perform any work on or about the Property as a condition of Purchaser’s purchase of it.

8. MINERAL RIGHTS: One hundred percent (100%) of the mineral rights owned by Seller with respect to the Property, if any, shall be conveyed to Purchaser at Closing.

9. REAL ESTATE TAXES AND ASSESSMENTS: Real Estate taxes for the calendar year 2015 shall be paid by the sellers. Purchaser shall assume and pay real estate taxes for the Property for all periods thereafter.

10. DEFAULT: If Purchaser fails to perform any obligation imposed by this Agreement, Seller may serve written notice of default upon Purchaser and if such default is not corrected within ten (10) days thereafter, then, at the option of the Seller, this Agreement shall terminate and the Seller shall be entitled to retain the Earnest Money paid hereunder as liquidated damages. The foregoing remedy in the event of default is not intended to be the exclusive remedy of Seller, and Seller shall have the right to seek any other remedies available at law or equity, including but not limited to specific performance. Default by Purchaser shall entitle Seller to court costs and reasonable attorney’s fees incurred in enforcing the provision of this Agreement.

In the event of failure of Seller to perform the obligations imposed by this Agreement, Purchaser’s sole remedy hereunder is to terminate this Agreement and receive a refund of the Earnest Money upon similar notice served upon Seller and similar expiration time period.

The Escrow Agent, upon receiving an affidavit from the non-defaulting party stating that this Agreement has been terminated as provided herein, shall be entitled to rely upon such affidavit and shall deliver the earnest money to the non-defaulting party.

11. ENVIRONMENTAL: The Purchaser acknowledges that the Seller has not made and hereby disclaims any and all representations and warranties, either express or implied, regarding the environmental condition of the Property. The Purchaser shall rely upon its own independent investigation, inspection, inquiry, analysis, and due diligence to evacuate and ascertain the environmental condition of the Property. The Purchaser has been advised that the Property is being sold “as is, where is” and that Seller is not representing or warranting that the condition of the Property is in accordance or compliance with any past, present, or future federal, state or local environmental laws, regulations, requirements, or standards. mike@wheelerauctions.com

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As a matter of corporate policy, Seller makes it a practice to expressly advise any purchaser that the improvements on the Property include materials, which may contain asbestos, and encourages Purchaser to investigate specifically whether asbestos containing materials exist on the Property.

12. PROVISIONS RELATING SPECIALLY TO SELLER/TRUST/ TRUSTEES/ EXECUTOR AND THEIR RESPECTIVE SPECIAL CIRCUMSTANCES: Trustee/ Executor Disclaimer. Each fiduciary comprising Seller executes this instrument only in its representative capacity and shall not be bound or obligated hereunder except in such capacity. Purchaser acknowledges and agrees that this Agreement is made by such fiduciaries solely in their fiduciary capacity as described in the signatures affixed hereto, and that such fiduciaries shall not be liable for any breach or any failure to perform any obligation under this Agreement except from assets held in the fiduciary capacity described.

13. PROVISIONS RELATING TO THE AUCTION COMPANY/ AUCTIONEER/BROKERS/ FINDERS/AGENTS: (a) This Agreement is solely between Seller and Purchaser. Wheeler Auctions & Real Estate, L.L.C. (the “Auction Company�) and its licensed auctioneers are employed by the Seller. The Auction Company and its auctioneers shall not be liable for any patent or latent defects or deficiencies existing in the Property, improvements or other appurtenant structures thereon, nor for any information provided to the Purchaser. The Purchaser acknowledges that it has conducted its own independent investigations, inspections, inquiries and due diligence concerning the Property. (b) Commission. Notwithstanding any other provisions of this Agreement, the right to commission, if any, payable to any agent representing either party to this Agreement shall not vest until the transaction is closed, and shall be payable only out of proceeds of closing and said agent shall have equal right to any portion of Earnest Money forfeitures.

14. IRS 1031 TAX EXCHANGE DECLARATION (Optional): It is agreed between the purchaser(s) and seller(s) that a material part of the consideration to the Purchasers for purchasing is that the Purchaser has the option to qualify this transaction as part of a tax-deferred exchange under Section 1031 of the Internal Revenue Code of 1986 as amended. Sellers agree that Purchaser may assign this Agreement to an exchange intermediary of Purchasers choice. Purchaser agrees that any and all additional expense, if any, shall be borne by Purchaser and Sellers agree to fully cooperate to complete the exchange.

Seller hereunder desires to exchange, for other property of like kind and qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended and the Regulations promulgated there under, fee title in the property which is the subject of this Contract. Seller expressly reserves the right to assign its rights, but not its obligations, hereunder to a Qualified Intermediary as provided in IRC Reg. 1.1031(k)-1(g) (4) on or before the closing date.

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15. MISCELLANEOUS: (a) Jurisdiction. This agreement shall be construed in accordance with the laws of the State of Missouri. Any provision of this Agreement which is unenforceable or invalid, or the inclusion of which would affect the validity, legality, or enforcement of this Agreement shall be of no effect, but all the remaining provisions of the Agreement shall remain in full force and effect. (b) Entire Agreement. This Agreement contains the entire agreement of the parties and no representations, warranties or agreements have been made by either of the parties except as set forth in this Agreement. (c) Heirs, Successors and Assigns. This Agreement shall ensure to the benefit of and shall be binding upon the Seller and Purchaser and their respective heirs, successors, and permitted assigns, provided, however, that Purchaser may not assign its rights or obligations hereunder without the prior written consent of the Seller. (d) Time is Of the Essence. The time for performance of the obligations of this Agreement is of the essence. (e) Notice. All notices shall be in writing and shall be deemed to have been properly delivered as of the time of delivery if personally delivered or as of the time deposited in the mail systems if sent by United States certified mail, return receipt requested, and postage prepaid.

16. FSA/NRCS: Seller is obligated to maintain (if any) the current FSA Program and Basis on the above listed real estate. Buyer agrees to the division of FSA Program data as a percent of cropland acres per tract. Buyer assumes the responsibility of any and all FSA or NRCS Programs currently in place. Buyer will be required to maintain and comply with FSA regulations of the CRP contract.

17. Tenant Rights: Present tenant’s rights prevail if any.

18. SPECIAL AGREEMENTS (if any): Sale is subject to approval by the Probate Court of Lafayette County All acreages are approximate and accurate to the best of our ability using assessors aerials, measurements and legal descriptions. The selling price based on the acreage multipliers is final and no future adjustments in sale price will be granted to either the buyer or seller of said acreages or Tracts. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

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IN WITNESS WHEREOF, the parties have executed this Agreement in three counterparts, each of which shall be deemed an original instrument, as of the day, month and year first above written.

SELLER: PURCHASE ElRoy W. Knoche, Personal Representative for The Fred A. Knoche Estate

_______________________ _______________________

________________________ _______________________ ________________________ _______________________ Address_________________ Address________________ ________________________ _______________________ City, State, Zip ____________

City, State, Zip ___________

________________________ _______________________

Phone _________________ Email __________________ Date ____________________

Date ___________________

Lender Contact __________

John Giorza, Attorney for the Fred A. Knoche Estate, Lexington, Missouri Title Company Contact: Mid-West Title Company – Craig Williams 545 S Hwy 13 Lexington, MO 64067 Phone 660-259-4631 E-Mail: lafland@earthlink.net

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