J.D. MEYER TRUST DRYLAND &

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REAL ESTATE AUCTION TERMS AND CONDITIONS

REAL ESTATE AUCTION PARTICIPATION AGREEMENT

Transcription:

J.D. MEYER TRUST DRYLAND & PIVOT IRRIGATED LAND AUCTION Tuesday, October 7, 2014-1:30 pm, MT WITH RESERVE 927 +/- Acres PIVOT IRRIGATED - DRYLAND NORTHEAST CHEYENNE COUNTY, NE 5 PARCELS - DRYLAND UNIT - SINGLE UNIT BUYERS INFORMATIONAL MEETING Tuesday, September 23, 2014-1:30 pm, MT Watch LIVE Auction on www.reckagri.com!! Online Internet Bidding Video Simulcast FOR FURTHER INFORMATION CONTACT: Marc Reck, Broker or Troy Vogel, Salesperson 535 E Chestnut PO Box 407 Sterling, CO 80751 (970) 522-7770 or 1-800-748-2589 marcreck@reckagri.com www.reckagri.com

TERMS & CONDITIONS Announcements made by Reck Agri Realty & Auction (hereinafter referred to as Broker) at the time of sale will take precedence over any previously printed material or other oral statements. AUCTION DATE, TIME & LOCATION: Tuesday, October 7, 2014 @ 1:30 p.m., MT at the Holiday Inn, Sidney, NE. OVERVIEW: The J.D. Meyer Trust is offering their 927.1+/- acres of Nebraska pivot irrigated and dryland for sale at auction. Located in northeast Cheyenne County, Nebraska, the J.D. Meyer property includes 128.3 +/- acres of pivot irrigated, 766.8 +/- acres of dryland, & 8.2 +/- acres of CRP Land for Sale. The Buyer(s) will have possession of stubble upon closing, possession of corn ground upon harvest, and possession of planted wheat upon 2015 harvest. Seller to retain 2014 CRP payment and Buyer(s) to receive all payments thereafter. Primarily Class II & III soils with small areas of IV & V soils. Land tenure of the majority of the property is level to slightly rolling terrain. 2 irrigation wells with 2009 7 tower Zimmatic pivot. All of the owned mineral rights to be conveyed to the Buyer(s). To be offered in 5 Parcels, 1 Dryland Unit, & as a Single Unit. Parcel size ranges from 80.8 +/- acres to 304.6 +/- acres and the Dryland & Single Unit size ranges from 626.6 +/- acres to 927.1+/- acres. SALE TERMS/PROCEDURE: The "J.D. MEYER TRUST DRYLAND & PIVOT IRRIGATED LAND AUCTION is a land auction with RESERVE. The J.D. Meyer property to be offered as a "MULTI PARCEL" Auction in 5 Parcels, 1 Dryland Unit, and as a Single Unit. The parcels, dryland unit, and single unit will be offered in the sale order as stated within the brochure. The parcels, dryland unit, and single unit will compete to determine the highest aggregate bid(s) acceptable to the Seller. Seller reserves the right to accept or reject any and all bids. Seller agrees not to accept and negotiate any contracts to purchase prior to auction date. Bids will be taken for total purchase price not price per acre. SIGNING OF PURCHASE AGREEMENT: Immediately following the conclusion of the auction, the highest bidder(s) will sign Disclosure of Brokerage Relationships in Real Estate Transctions and will enter into and sign a Farm, Ranch, and Land Purchase Agreement for the amount of the bid. Required earnest money deposit to be in the form of a personal, business, or corporate check for 15% of the purchase price. Said earnest money is due upon the signing of the Farm, Ranch, and Land Purchase Agreement and to be deposited with Reck Agri Realty & Auction. Farm, Ranch, and Land Purchase Agreement will not be contingent upon financing. Terms and conditions of the detail brochure and oral announcements shall be incorporated and made a part of the Farm, Ranch, and Land Purchase Agreement. Sample Farm, Ranch, and Land Purchase Agreement is available within the detail brochure. CLOSING: Buyer(s) shall pay in cash, electronic transfer funds, or cashier's check (Good Funds), the balance of purchase price (purchase price less earnest money deposit), plus their respective closing costs, and sign and complete all customary or required documents at closing, which is on or before November 7, 2014. Closing to be conducted by Thalken Title and the closing service fee to be split 50-50 between Seller and Buyer(s). TITLE: Seller to pass title by Trustee s Deed free and clear of all liens. Title Insurance to be used as evidence of marketable title and cost of the premium to be split 50-50 between Seller and Buyer(s). The Buyer(s) to receive a TBD title commitment within detail brochure, updated title commitment with Buyer(s) name, lender, purchase price, and all supplements and additions thereto after auction, and an owner's title insurance policy in an amount equal to the Purchaser Price after closing. Property to be sold subject to existing roads and highways; established easements and rights-of-way; prior mineral reservations, conveyances of record as shown within these Terms and Conditions; oil and gas leases of record; patent reservations; other matters affected by title documents shown within the title commitment; and zoning, building, subdivision, and other restrictions and regulations of record. Title commitments are available for review within the detail brochure and at the auction and title commitment and exceptions will be incorporated and made a part of the Farm, Ranch, & Land Purchase Agreement. POSSESSION: Possession of stubble upon closing, possession of irrigated corn upon harvest, & possession of growing wheat upon 2015 harvest. PROPERTY CONDITION: The prospective Buyer(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition, and to rely on their own conclusions and the property is being sold AS IS-WHERE IS, without warranty, representation or recourse to Seller. WATER RIGHTS & EQUIPMENT: Seller to convey all Seller's water rights, water wells, well permits, and equipment appurtenant to the property whether for irrigation, domestic or livestock use. Each of the wells are subject to the rules, regulations, and limitations of the Nebraska Department of Natural Resources and the South Platte Natural Resource District. Water rights are being sold AS-IS-WHERE-IS without warranty or guarantee of any water right matters, pumping rates/adequacy of livestock/irrigation condition of all irrigation equipment. Seller to convey all right and interest to: Well Permits #G-32491 & G-61804, 1 electric motor and pump, 1 submersible pump, and 2009 7 tower Zimmatic pivot. GROWING CROPS: Seller to convey Landlord s share of growing wheat crop. Buyer(s) to accept transfer of indemnity of crop insurance and pay premium at closing. Buyer to reimburse tenant at closing for the cost to spray the wheat stubble in the fall of 2014. REAL ESTATE TAXES: 2014 Real Estate Taxes due in 2015 to be paid by Seller. FSA DETERMINATION: FSA base acres and yields to pass with the Parcels, Dryland Unit, or Single Unit as designated within the detail brochure. Buyer(s) and Seller, at closing, to sign a memorandum of understanding stating the base acres and yields as designated within the detail brochure. LEGAL DESCRIPTION: Legal descriptions are subject to existing fence/field boundaries or land-use trades, if any. MINERALS: Seller to convey owned mineral rights to Buyer(s). NOXIOUS WEEDS: There may be areas infested by noxious weeds, (i.e. rye, bindweed, canadian thistle, rye, goat/johnson grass, etc). The location of and the density of noxious weeds is unknown at this time. ACREAGES: All stated acreages in the initial brochure, detail brochure, and visual presentation at the auction are approximate and are obtained from aerial photos from the FSA office. The county tax records may indicate different acreages and no warranty is expressed or implied as to exact acreages of property. All bids are for the total parcel without regard to exact acreage. There will be no adjustment in purchase price if acreage is different than what is stated in this brochure and/or stated at the auction. CRP CONTRACTS: Seller to convey all right, title, and interest to the existing CRP contract to the Buyer(s) as successor in interest. Seller to retain the October 2014 CRP payment and convey all payments due in 2015 and thereafter. Buyer(s) assumes responsibility of the maintenance of the CRP acres, the obligations of the CRP contract, and agree to enter into new CRP contract within 60 days after the closing. Buyer(s) assumes responsibility of the costs and penalties if Buyer(s) chooses to terminate the existing contract.

PROPERTY DESCRIPTIONS IN SALE ORDER PARCEL #1A - DRYLAND 80.8 +/- total ac; 77.8 +/- ac dryland, 3.0 +/- ac rds; Legal: W1/2NW1/4 of 17, T14N, R46W, Cheyenne Cty, NE; Location: From Lodgepole, NE, 2 mi N on Rd 147 to Rd 26, 1 mi E on Rd 26 to Rd 149, 1/2 mi N on Rd 149 to SW corner of the property; Class II soils; 36.7+/- ac wheat stubble, 41.1+/- ac millet stubble; FSA base: 44.7 ac wheat w/41 bu, 1.5 ac corn w/42 bu, 9.4 ac sorghum w/37 bu; R/E Taxes: $722.02. PARCEL #1B - DRYLAND 304.6 +/- total ac; 300.7 +/- ac dryland, 3.9 +/- ac rds; Legal: W1/2 of 7, T14N, R46W, Cheyenne Cty, NE; Location: From Lodgepole, NE, 3 mi N on Rd 147 to SW corner of the property; Class II soils w/smaller areas of Class III & IV; 97.5 +/- ac dryland corn, 104.8 +/- ac wheat stubble, 98.4 +/- ac summerfallow to be planted to wheat; FSA base: 143.8 ac wheat w/41 bu, 8.1 ac corn w/47 bu, 10.9 ac sorghum w/37 bu, 2.9 ac oats w/41 bu; R/E Taxes: $2,752.36. PARCEL #1C - DRYLAND 159.2 +/- total ac; 157.2 +/- ac dryland; 2.0 +/- ac rds; Legal: SW1/4 of 31, T15N, R46W, Cheyenne Cty, NE; Location: From Lodgepole, NE, 5 mi N on Rd 147 to SW corner of the property; Class II soils w/smaller areas of Class III & IV; 77.5 +/- ac wheat stubble, 79.7 +/- ac summerfallow to be planted to wheat; FSA base: 61.9 ac wheat w/35 bu, 37.6 ac corn w/131 bu, 4.4 ac soybeans w/23 bu; R/E Taxes: $1,439.70. PARCEL #1D - DRYLAND 82.0 +/- total ac; 72.7 +/- ac dryland; 9.3 +/- ac grass/rds; Legal: W1/2SW1/4 of 19, T15N, R46W, Cheyenne Cty, NE; Location: From Lodgepole, NE, 7 mi N on Rd 147 to SW corner of the property; Class II soils w/smaller areas of Class III & IV; 72.7 +/- ac wheat stubble; FSA base: 29.6 ac wheat w/35 bu, 18.0 ac corn w/131 bu, 2.1 ac soybeans w/23 bu; R/E Taxes: $653.76. DRYLAND UNIT (PARCELS #1A, #1B, #1C, & #1D) - DRYLAND 626.6 +/- total ac; 608.4 +/- ac dryland, 18.2 +/- ac grass/rds; 97.5 +/- ac dryland corn; 332.8 +/- ac stubble, 178.1 +/- ac summerfallow to be planted to wheat; FSA base 280.0 ac wheat, 65.2 ac corn, 6.5 ac soybeans, 20.3 ac sorghum, 2.9 ac oats; R/E Taxes: $5,567.84. PARCEL #2 - PIVOT IRRIGATED & DRYLAND: 300.5 +/- total ac; 128.3 +/- ac pivot irrigated, 158.4 +/- ac dryland, 8.2 +/- ac CRP, 5.6 +/- ac waste/roads; Legal: E1/2 of 17, T15N, R46W except Lot 1, Block 1, Grimes S/D No. 1, Cheyenne Cty, NE; Location: From Lodgepole, NE, 8 mi N on Rd 147 to Rd 38, 2.75 mi E on Rd 38 to SW corner of the property; Class II w/areas of Class III; Irrigation Well Permits #G-32491 & G-61804, 126 NRD certified acre with beginning allocation for 2014 of 40.58 inches; Irrigation equipment includes submersible irrigation pump/motor, 75 US electric motor & pump & 2009-7 tower Valley pivot; CRP contract #748C, expires 9/30/2016, annual payment of $373 @ $45.45/ac; 128.3 +/- ac currently planted to corn under pivot, 79.3 +/- ac summerfallow to be planted to wheat, 79.1 +/- ac wheat stubble; FSA base: 72.3 ac corn w/131 bu, 118.9 ac wheat w/35 bu, 7.7 ac soybeans w/23 bu; R/E taxes: $4,218.32. SINGLE UNIT (PARCELS #1A, #1B, #1C, #1D, & #2) PIVOT IRRIGATED/DRYLAND 927.1 +/- total ac; 128.3 +/- ac pivot irrigated, 766.8 +/- ac dryland; 8.2 +/- ac CRP, 23.8 +/- ac grass/rds; 128.3 +/- ac planted to corn under pivot, 97.5 +/- ac dryland corn, 411.9 +/- ac stubble, 257.4 +/- ac summerfallow to be planted to wheat; FSA base 398.9 ac wheat, 137.5 ac corn, 14.2 ac soybeans, 20.3 ac sorghum, 2.9 ac oats; R/E Taxes: $9,786.16.

CONT D TERMS & CONDITIONS & AERIAL MAP MULTIPLE PARTY BID: If several parties go together and collectively bid on Parcels, Dryland Unit, and/or Single Unit and the Multiple Party Bid is the highest bid, at the conclusion of the auction each party within the Multiple Party Bid shall identify and agree to sign separate contract(s), pay for their respective separate parcel(s) at closing, and pay for a metes & bounds survey and additional title insurance premium to create the legal description for their respective separate parcel. The collective purchase prices for the separate parcels shall equal the total Multiple Party Bid. BIDDER REQUIREMENTS: Prior to auction, Buyer(s) to review the terms and conditions as set forth in the Detail Brochure. Detail Brochure may be obtained at the Buyers Information Meeting or by calling Reck Agri Realty & Auction. Bidding via cell phone, internet, and/or bidding on someone s behalf, must be approved by Reck Agri Realty & Auction 24 hours prior to auction. ANNOUNCEMENTS: The information contained herein has either been given to us by the owner of the property or obtained from sources that we deem reliable. We have no reason to doubt its accuracy, but we do not guarantee it. Reck Agri Realty & Auction and the Seller assumes no responsibility for the omissions, corrections, or withdrawals. The location maps are not intended as a survey and are for general location purposes only. The prospective Buyer(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition and to rely on their own conclusions. All equipment and improvements are to be sold AS IS-WHERE IS, without warranty, representation or recourse to Seller. Reck Agri Realty & Auction and all other agents of Broker are or will be acting as a Limited Seller s Agent. Announcements made by Reck Agri Realty & Auction, at the time of sale will take precedence over any previously printed material or other oral statements. Reck Agri Realty & Auction does not offer broker participation for the "J.D. MEYER TRUST DRYLAND & PIVOT IRRIGATED LAND AUCTION with RESERVE. Reck Agri Realty & Auction reserves the right to require bank references upon request and reserves the right to refuse bids from any bidder. Bidder increments are at the discretion of the Broker. A DETAIL BROCHURE is available upon request and is REQUIRED to bid at the auction, via cell phone, or online bidding. It includes the terms and conditions of the auction, pertinent facts, title commitment, Farm, Ranch,and Land Purchase Agreement, etc. For additional color photos visit the J.D. Meyer Trust Dryland & Pivot Irrigated Land Auction Visual Tour on our website: www.reckagri.com.

LOCATION MAP & PHOTOS OF PROPERTY

Reck Agri Realty & Auction PO Box 407 Sterling, CO 80751 Address Service Requested October 2014 Calendar Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 Auction Day... 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Auction Day... 28 29 30 31 Watch LIVE Auction on www.reckagri.com!! Online Internet Bidding Video Simulcast www.reckagri.com Like Us on Facebook & Follow Us on Twitter For More Information Visit... Scan this QR code with your Smartphone to visit our website for more info on this auction! J.D. MEYER TRUST DRYLAND & PIVOT IRRIGATED LAND AUCTION Tuesday, October 7, 2014-1:30 pm, MT WITH RESERVE BUYERS INFORMATIONAL MEETING Tuesday, September 23, 2014-1:30 pm, MT