Important announcements regarding the Jeff and Patti Thelen Real estate Auction of March 14
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- Samuel Asher Roberts
- 5 years ago
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1 Important announcements regarding the Jeff and Patti Thelen Real estate Auction of March The home and 3 stall garage on 10 acres with buildings (heated shop, machine shed, red hip roof barn with attached older free stall barn) that the Thelen's were going to keep and which was not included in the auction advertising will now be available to the buyer of parcel #1 for $275,000. This offer will be at the buyer of parcel #l's option and would be added to the auction purchase price. You can add this home, buildings, and 10 acres for $275,000 if you desire or you can decline this offer. This option must be exercised by the buyer of parcel #1 immediately after the conclusion of the real estate auction on March 14, Possession on the home would be Sept 1, 2019 and for the outbuildings would be May l. 2. Parcel# 5, the 40 acre parcel that was advertised as being offered separately and after parcels 1-4, will now be offered on the auction at the same time as parcels 1-4 and will be allowed to be combined with parcels 1-4. The sellers have decided to definitely sell this parcel at the auction. There is a deer camp on the far south side of this parcel. The deer camp is partially furnished, is insulated, is wired for electric, (generator not included) and was heated via propane heat (heater not included).
2 Buyer of Parcel #1 The dairy setup will have the option to enter into this agreement which gives the buyer of parcel#1 the opportunity to buy the home and 10 acres the seller is retaining when it becomes for sale through this document giving right of first refusal to the buyer of Parcel#1
3 FIRST AMENDMENT TO BUY/SELL AGREEMENT This FIRST AMENDMENT TO BUY/SELL AGREEMENT (the "First Amendment") is entered into this March, 2019, between of ("Buyer") and Jeffry W. Thelen, Trustee of the Jeffry W. Thelen Trust under Agreement dated January 25, 2018 and Patricia M. Thelen, Trustee of the Patricia M. Thelen Trust under Agreement dated January 25, 2018 ("Seller"). BACKGROUND A. Buyer and Seller originally entered into a Buy/Sell Agreement effective March, 2019 for the real property as legally specified on Exhibit A to that agreement (the "Initial Agreement"). B. Buyer and Seller desire to amend the Initial Agreement as provided in this First Amendment. The parties agree as follows: AMENDMENT 1. Statement of Purpose of First Amendment. This First Amendment amends and is incorporated into the Initial Agreement. This First Amendment and the Initial Agreement together constitute the complete agreement (the "Agreement") between the parties with respect to its subject matter. Unless otherwise indicated, all capitalized terms used in this First Amendment have the same meanings ascribed to them in the Initial Agreement. 2. Right of First Refusal. A new provision is added to the Initial Agreement to read in its entirety as follows: "Right of First Refusal. In consideration for the purchase price under Section 1 of the Initial Agreement, Buyer and Seller agree that if Seller receives a written bonafide third party offer ( a bonafide third party offer includes the sale of the Property on a cash basis, land contract or lease with purchase option) for the purchase of the real property legally described on Exhibit A to this First Amendment (the "Property") Buyer will have fifteen (15) days from the date Seller provides a written copy of the third party offer to Buyer to notify Seller in writing that Buyer elects to purchase the Property. If Buyer elects to purchase the Property, Buyer agrees to pay the purchase price specified in the written bonafide third party offer and Buyer agrees to close on the Property within thirty (30) days of its written notice of election to purchase the Property and to pay Seller the entire purchase price in immediately available funds at closing." 3. Superseding Provisions. The provisions of this First Amendment control to the extent any provisions of this First Amendment conflict with any provision of the Initial Agreement /338271
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6 New/ Additional information: February 28, 2019 The following information is regarding one of the 2 wells that services the milk parlor on parcel #1. It appears that an approval was either lost or misplaced, that allowed one of the wells to be closer to the manure lagoon than typical regulations allow. The first letter, on Mid Michigan Health Department letterhead describes this situation. The second item following is a test of the water done per USDA which shows no contamination was found. This is an ongoing situation and will not be completed prior to the auction closing. It did not affect the ability to ship grade A milk for the seller. It is the assumption that this will be resolved, and if it is not resolved with a special use type permit, the seller assumes the worst outcome would be that the buyer would need to drill a new well in a different location. Seller does not believe this will be the outcome.
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