Terms and Conditions
Procedure. This is a two-tract auction. All tracts will be offered as a “Choice” auction method. The “Choice” auction method allows the high bidder to choose which tract(s) they would like to purchase. If there are remaining tract(s) after the high bidder decides, the remaining tract(s) will be offered with another round of bidding. Tracts will not be combined at the end. Bids will be taken in-person at the auction site and live online. If you are bidding for a partnership, corporation, or other entity, a document authorizing you to bid and sign a purchase agreement on behalf of the entity is required.
Financing. Bidding is not conditional upon financing. Be certain financing has been arranged, if needed, and that you are capable of paying cash at closing.
Acceptance of Bid Prices. All successful bidders will sign a purchase agreement immediately following the close of bidding. The purchase price will be calculated by multiplying the surveyed acres by the winning per acre bid. Seller reserves the right to accept or reject any or all bids for any and all reasons.
Down Payment. A ten percent (10%) earnest money deposit of the total purchase agreement price will be due immediately after being declared the buyer. The down payment may be paid in the form of a personal check, business check, cashier’s check, or wire transfer. The balance of the gross sale price is due at closing.
Closing. Closing shall take place thirty-eight (38) days after August 23, 2022, or as soon thereafter as applicable closing documents are completed. The anticipated closing date is on or before September 30, 2022.
Possession/Leases. Possession will be granted at closing. Subject to the 2022 lease. Open lease for 2023. Seller shall receive the Landowner share of crops for the 2022 crop year.
Title. Seller shall provide an Owner’s Policy of Title Insurance, in the amount of the purchase price, and shall also provide a deed conveying the property to the Buyer(s).
Real Estate Taxes and Assessments. Seller will credit, at closing, the 2022 real estate taxes payable in 2023 based upon the most recent real estate tax information available. 2023 taxes payable in 2024, and all future real estate taxes, with no adjustments after closing, to be paid by Buyer.
Survey. All tracts will be surveyed and will be sold based on surveyed acres.
Mineral Rights. All mineral rights owned by the Seller will be conveyed at closing.
Agency. RW Property Services LLC and its representatives are exclusive agents of the Seller.
Disclaimer and Absence of Warranties. All information and all related materials are subject to the terms and conditions outlined in the purchase agreement. Announcements made by the auctioneer before and during the auction will take precedence over any previously printed material or any other oral statements made. The property is being sold on an “AS IS, WHERE IS, WITH ALL FAULTS” basis, and no warranty or representation, either expressed or implied, concerning the condition of the property is made by the Seller, RW Property Services LLC, or its representatives. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning this property. The property information is believed to e accurate but is subject to verification by all parties relying on the information. No liability for its accuracy, errors, or omissions is assumed by the Seller, RW Property Services LLC, or its representatives. All sketches and dimensions are approximate. Photographs are used for illustrative purposes only. Conduct at the auction and increments of the bidding are at the discretion of the auctioneer. The Seller, RW Property Services LLC, and its representatives reserve the right to preclude any person from bidding and to remove any person from the auction if there is any question as to the person’s credentials, fitness, conduct, etc. With the permission of RW property Services LLC, this sale may be recorded and/or videotaped. Seller, RW Property Services LLC, and its representative disclaim any and all responsibility for bidder’s safety during any physical inspection of the property. All decisions of the auctioneer are final. Neither the auctioneer nor the online bidding software and service provider shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
Sellers. Ben Imig, Eric Roeder, Josh Imig, and Stacie Kloosterman
Attorney. Kandace Hofer
Martensen, Niemann & Sorensen
Auctioneer. Robert J. Warmbir. License #441.002377