TERMS AND CONDITIONS OF SALE:

By participating in this auction, bidders hereby agree that their bid shall NOT BE SUBJECT to the bidder’s ability to obtain financing.  By placing a bid in this auction, bidders are making a “cash offer” to purchase the property.  Financing is NOT a contingency in the purchase agreement.

Winning bidder hereby agrees to enter into a Contract to Purchase the property onsite immediately of being declared the Successful Bidder by the Auctioneer. At this time the winning bidder will be given a Contract to Purchase the property. 

ESCROW:  An escrow deposit of Ten Percent (10%) of the high bid amount must be received by the Title Company within 48 hours of the close of the auction.  Acceptable forms of payment include cashier’s check, personal or corporate check or wire transfer.  The balance will be due in full at closing.

CLOSING: Buyer must close sale of real property on or before Wednesday, January 3rd, 2024, at  Shell Title located at 818 South Springfield Ave, Bolivar MO 65613. TIME IS OF THE ESSENCE.  The entire purchase price must be paid by Cashier/Certified check or wired funds at closing.  No purchase is contingent on financing.  Buyer is entitled to a deed for property upon full payment.  Buyers should have all tests and inspections completed prior to the date of the auction.  Only the Purchase Contract shall set forth Seller's obligations to the successful Bidder.  Out of area buyers will be afforded the opportunity to close via email, mail and wire transfer of certified funds.  Possession of the property will be given at closing.

TAXES:  2023 Total Taxes for this property are $456.13

TITLE/CLOSING COSTS:  Seller and Buyer shall share equally in the cost of owner's title insurance and escrow closing.  Preliminary Title insurance has been prepared by Shell Title and will be updated with Buyer information prior to closing. Buyer is responsible for the cost of the lender's policy.

TITLE EVIDENCE/DEED: Seller will deliver to Buyer an insurable deed for the Property at time of closing, conveying clear and marketable title of surface rights to said Property, free of all encumbrances, liens and judgment, except for those lawful conveyances and restrictions that exist on record before the date of the auction, as noted in the title insurance commitment.

PROPERTY SOLD "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND:  The real property shall be sold subject to conditions, restriction, right-of-way easements, and reservations; if any, of record, filed and untitled mechanic's and materialman's liens; if any, and all other matters of record taking priority, subject to the rights; if any, of tenants-in-possession, and further subject to all conditions announced at the safe; and confirmation of the seller.  Announcements made the day of auction take precedence over previously printed material and oral statements.

RESTRICTIONS:  Subject only to (1) all City, County, and State laws, ordinances and regulations and (2) any easements, encumbrances, and restrictions applicable to the Property.  Seller is placing no restrictions on the property.

UTILITIES:  United Country - Farm & Home Sales, nor the seller guarantees the availability of utilities, public or private.  This consists of, but is not limited to: wells, septic tanks, access to public utilities or any hookup fees therewith.  Confirmation of utility availability is the bidder's sole responsibility.

ADDITION OR WITHDRAWAL FROM SALE / CONDITION OF SALE:  All bids are subject to Seller approval. The Auctioneer reserves the right to cancel the auction up to the time prior to the commencement of bidding.  If a subsequent survey by the Buyer shows a greater or lesser number of acres or square footage this will not affect the purchase or purchase price.

AGENCY:  The Broker/Auctioneer is acting as agent for the Seller only.  During bidding, the Auctioneer has the right to reject any raise that in his opinion is not commensurate with the property value.  In the event of any dispute after the sale, United Country - Farm & Home Sales record of final sale shall be conclusive.  All information and materials provided by Auctioneer is subject to inspection by all appropriate parties and the Auctioneer assumes no liability for its accuracy, errors, or omissions nor its agents, the Seller or its agents.  Prospective bidders should independently verify any information being materially relied upon in making a purchasing decision.

LIQUIDATED DAMAGES:  Buyer will forfeit all of their deposit if they cannot close within the stated time herein - and no written extension has been granted by the Seller.  If such action occurs, United Country - Farm & Home Sales, hereby has the right to disperse the deposit as stated in the listing agreement and the Buyer has no claims to such money or property being sold.  Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost, and additional cost of auction as not defined in this agreement.  These liquidated damages do not restrict the seller from suing the Buyer for performance damages and/or any additional damages the seller suffers by the default of the Buyer.

ARBITRATION:  For disputes that are not resolved by the parties within 10 days after either party gives notice to the other of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules.  Judgment upon the arbitration award may be entered in any court having jurisdiction.  The arbitrator shall have no power to change the provisions of this Agreement.  The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years.

BUYER'S NOTE:  United Country - Farm & Home Sales, reserves the right to offer the property  in any way that we see fit in order for it to bring the most money for the owner. The decision of the Auctioneer is final.  Seller and United Farm & Home Sales, reserve the right to amend any terms and conditions prior to or during the auction.

BIDDER'S DUTY TO INSPECT:  All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller, the auctioneers, or any other person or entity.  Personal onsite inspection of all property by potential bidders is strongly recommended.  All sales are subject to the conditions and terms contained herein.  The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender.  This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record in the county courthouse or any municipal office concerning subject properties.  Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information.  Please note that you are bidding to purchase the Property "As Is, Where Is" with no guarantee or warranty. Property sells subject to Owner Confirmation.