Name JOHNSON: Multi-Parcel Farmland Auction
Auctioneer Dan Pike Auction Company
Type Live Webcast Auction
Date(s) 1/30/2019
January 30, 2019 Start 10:30 AM CST
Preview Date/Time No Set Inspection Dates
Checkout Date/Time January 30, 2019 Immediately following sale completion
Location Windom Community Center 1750 Cottonwood Lake Drive
Windom, MN 56101
Buyer Premium 1% Buyer's Premium
Description
PROPERTY INFORMATION PARCEL #1: E1/2 NW1/4 25-105N-35W Cottonwood County, MN. Containing 80 acres more or less. 93.8 estimated CPI rating. PARCEL #2: N1/2 NE1/4 & N1/2 NW1/4 36-105N-35W Cottonwood County, MN. Containing 160 acres more or less. 92.1 estimated CPI rating. Dan Pike Auction Comapy will post updates to the auction listing as soon as they are avaialbe. Be sure to check back for the updates of sale information including: Property Pictures and Drone Videos, Informational Brochure. Also check our website at www.danpikeauction.com Properties will include wind easement rights that will be assigned to buyers upon closing. ONLINE INTERNET TERMS: Bidders who wish to BID ONLINE MUST 48 hours prior to sale day provide a refundable $25,000 bid deposit to the Dan Pike Auction Company Trust account and complete the online registration at www.agribids.com in order to bid online. A buyer’s premium will only apply to online purchases, please read and understand online terms prior to bidding. All online registration requirements MUST be completed 48 hours prior to the day of the auction. For more information including complete auction sale bill, terms, drone property videos, online internet bidding information and other details go to www.danpikeauction.com. Property will be offered as 2 parcels. AUCTION SALE TERMS: The farms will be offered as two parcels. The buyer or buyers shall enter into a purchase agreement and make a 20% Non-Refundable down-payment the day of the auction. Sellers shall retain all wind easement rights payments for the year of 2018 with the buyers receiving all wind easement rights payments for 2019 and there after. The closing of the two parcels shall be held on March 15, 2019, when clear title will be passed, with the balance being due and payable in full. The sale will NOT be contingent upon any buyer financing. The buyers are responsible for all real estate taxes that are due and payable in 2019 and thereafter. Property is being sold “AS IS”, Property is being sold subject to any easements including road, drainage, utility, wind or other easements of record or pending. The sellers do not warrant or guarantee that existing fences lie on the true boundary and any new fencing, if any, will be the responsibility of the purchaser pursuant to MN statue. The buyers are responsible for all inspections of the property prior to their purchase of it. The sale is subject to the seller’s approval. Any statements made at the auction may take precedence over any printed information. Auction Company & Staff represent the sellers in this transaction. See Complete SALE TERMS & CONDITIONS!
Auction Terms & Conditions Bidders who wish to BID ONLINE -MUST 48 HOURSPRIOR to sale day provide a refundable $25,000 bid deposit to the Dan Pike Auction Company Trust account andcomplete the online registration at www.agribids.com in order to bid online. A buyer's premium will only apply to online purchases, please read and understand online terms prior to bidding. All online registration requirements MUST be completed 48 hours prior to the day of the auction. The property is being sold subject to advertised sale terms and any announcements made at the auction plus the following ONLINEAUCTION TERMS below: ONLINE REAL ESTATE AUCTION TERMS PROCEDURE: The Property will be offered in 2 individual parcels. NON-REFUNDABLE EARNEST MONEY DEPOSIT: Buyer(s) shall make a 20% earnest money payment of the accepted bid price as down payment on the day of auction with the balance in cash at closing. Your bidding is NOTsubject or conditional upon any buyer financing, so be sure that you have arranged financing, if needed, and are capable of paying cash at closing. ONLINE BUYERS PREMIUM: A 1%ONLINE ONLY- BUYER'S PREMIUM will be added to the final high bid on each parcel or parcel(s) purchased online to determine the final purchase price. (Example: $100,000 bid amount + 1% Buyers Premium = $101,000.00 Total Contracted Sale Price.) ACCEPTANCE OF BID PRICES: Each successful bidder will be required to execute the Real Estate Purchase Agreement, if the Buyerisat the auction site immediately following the close of the auction or if the Buyer is bidding ONLINE by email or fax on the day of the auction. All such Real Estate Purchase Agreements are then subject to the Seller's written acceptance. EVIDENCE OF TITLE: The Seller agrees to furnish an updated abstract of title or a preliminary standard Commitment for Title Insurance to the buyer within a reasonable time periodfollowing the sale for review prior to the closing of the sale transaction. The cost of updating the abstract or providing the standard owner's title insurance policy will be paid by Seller at closing. Seller agrees to provide marketable title to the Property, free and clear of all liens, subject to the terms and conditions of the Real Estate Purchase Agreement. CONVEYANCE: Conveyance shall be byWarranty Deed subject to the matters described further below. CLOSING: Subject to events outside the control of Seller, Closing shall take place on or before March 15, 2019, NO EXCEPTIONS. Closing documents shall be prepared and the closing shall be conducted by the Seller's attorney Ronald Schramel 910 Forth Avenue Windom, Minnesota 56101. His phone number is 507-831-1301. With respect to the timing of the successful bidder fulfilling its' obligations under the Real Estate Purchase Agreement, time is of the essence. POSSESSION: Possession will be upon Closing. REAL ESTATE TAXES& ASSESSMENTS: Real estate taxes and Assessments that are due and payable in 2019will be paid 100% by the Buyer.The Buyer shall be liable for all real estate taxes and assessments that are due and payable following the closing. Buyer understands that the property is sold and is currently classified as Non-Homestead for tax purposes, and any change in classification by Buyer after closing may trigger taxes and penalties for which Buyer will be solely responsible. Buyer shall indemnify, defend and hold Seller and Auctioneer harmless for and against any and all such taxes and penalties. ACREAGE: All acreages, dimensions and boundaries are approximate and have been estimated based on current legal descriptions. The Seller shall not be responsible for any property surveying expense except those announced and included in the Real Estate Purchase Agreement. PROPERTY INSPECTION: Each potential biddersare responsible for conducting, at their own risk, independent inspections, investigations, inquiries, and due diligence concerning the Property. Each potential bidder shall be liable for any property damage and/ or personal injuries (including death) caused by or arising from any such inspection or investigations by them or their agents or consultants. AGENCY: Dan Pike Auction Company, LLC. and their representatives are the Auctioneers and exclusive agents of Seller. DISCLAIMER & ABSENCE OF WARRANTIES: All information contained here and all related materials are subject to the terms and conditions outlined in the Real Estate Purchase. Buyer has had ample opportunity to inspect the Property and is familiar with the Property, and agrees to accept the Property "AS IS" in its current condition. Seller provides no warranties as to the condition of the Property, the accuracy of apparent physical conditions of Property attributes, or the existence or condition of personal property or fixtures, if any. The Property and any improvements are sold "AS IS, WHERE IS, WITH ALL FAULTS". Seller makes no representation or warranty, and Buyer hereby knowingly and voluntarily assumes any and all risks, as to: environmental conditions; water quantity, quality or the existence or condition of the water delivery system(s) (if any); the accuracy of the acreage as set forth in any advertisements; and, the condition, existence or improvement of any easements, property lines or fence locations, if any, in relation to Property boundary lines. The sellers do not warranty or guarantee that existing fences lie on the true boundary and any new fencing, if any, will be the responsibility of the purchaser pursuant to MN statues.SELLER HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, EXPRESS OR IMPLIED. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, surveys, inquiries, and due diligence concerning the Property. The information provided 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. The conducting 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.The sale is subject to the Sellers approval. AUCTIONEER RESERVES THE RIGHT TO WAIVE ANY AND ALL FORMALITIES OF SALE.Any statements made at the auction may take precedence over any printed information. All ONLINE TERMS above apply as well as the following terms and conditions as were advertised in conjunction to this real estate sale: AUCTION SALE TERMS The farms will be offered as two parcels. The buyer or buyers shall enter into a purchase agreement and make a 20% Non-Refundable down-payment the day of the auction. Sellers shall retain all wind easement rights payments for the year of 2018 with the buyers receiving all wind easement rights payments for 2019 and thereafter. The closing of the two parcels shall be held on March 15, 2019, when clear title will be passed, with the balance being due and payable in full. The sale will NOT be contingent upon any buyer financing. The buyers are responsible for all real estate taxes that are due and payable in 2019 and thereafter. Property is being sold "AS IS", Property is being sold subject to any easements including road, drainage, utility, wind or other easements of record or pending. The sellers do not warrant or guarantee that existing fences lie on the true boundary and any new fencing, if any, will be the responsibility of the purchaser pursuant to MN statue. The buyers are responsible for all inspections of the property prior to their purchase of it. The sale is subject to the seller's approval. Any statements made at the auction may take precedence over any printed information. Auction Company & Staff represent the sellers in this transaction. ONLINE INTERNET TERMS: Bidders who wish to BID ONLINE MUST 48 hours prior to sale day provide a refundable $25,000 bid deposit to the Dan Pike Auction Company Trust account and register online at www.agribids.com in order to bid online. A buyer's premium will only apply to online purchases, please read and understand online terms prior to bidding. All online registration requirements MUST be completed 48 hours prior to the day of the auction. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).  DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.  The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.  INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your bid must adhere to the bid increment schedule.
Bid Amount Bid Increment
0.00 - 10.00 1.00 USD
10.01 - 50.00 2.50 USD
50.01 - 100.00 10.00 USD
100.01 - 500.00 25.00 USD
500.01 - 1,000.00 50.00 USD
1,000.01 - 10,000.00 100.00 USD
10,000.01 - 15,000.00 250.00 USD
15,000.01 - 9,999,999.99 500.00 USD
Currency USD
Buyer Premium 1% Buyer's Premium
Payment Terms
Online Buyers Premium is 1% and Payment option is Bank Wire Funds
No Shipping Options