LEGAL DESCRIPTIONS:
ELLIS COUNTY:
TRACT 1: SW/4 of Section 35-15-17
TRACT 2: 100% of the Mineral Rights in and under Tract 1
RUSH COUNTY:
TRACT 3: S/2SE/4 of Section 4-16-17
TRACT 4: 100% of the Mineral Rights in and under Tract 3
MANNER OF SALE This real estate will be offered in 4 individual tracts only and will not be offered in combinations. It will be sold in the manner that produces the highest aggregate bid. Auction procedure and increments of bidding are at the discretion of the auction company.
TERMS: 10% down day of sale, with the balance to be paid on or before April 29, 2011, or upon such terms as may be acceptable to the Seller. Personal and corporate checks are acceptable for the down payment with the final payment to be made in certified funds. All funds will be held by the auction company in their trust account or by an identified title/escrow company. Bidding i...
TERMS: 10% down day of sale, with the balance to be paid on or before April 29, 2011, or upon such terms as may be acceptable to the Seller. Personal and corporate checks are acceptable for the down payment with the final payment to be made in certified funds. All funds will be held by the auction company in their trust account or by an identified title/escrow company. Bidding is not contingent upon financing. Financing, if necessary, needs to be arranged and approved prior to the auction. Announcements made day of sale will take precedence over printed material and previously made oral statements.
MINERAL RIGHTS: MINERAL RIGHTS ARE 100% INTACT PER RESEARCH BY FIELD ABSTRACT. All of the Sellers interest will transfer to the Buyer(s) at closing. Tracts 1 and 3 are surface rights only and Tracts 2 and 4, are 100% of the mineral rights under Tracts 1 and 3.
CROPS: Buyer(s) will receive the landlords 1/3rd share of the 2011 wheat and milo crops, and pay 1/3rd of the fertilizer and herbicide expenses on Tracts 1 and 3. See chart below for planted wheat acres and acres to be planted to milo in June.
FSA INFORMATION: Buyer(s) will receive the landlords 1/3rd share of all FSA payments associated with the 2011 crop year. See chart below for base acres and yields.
CLOSING: Closing will be on or before April 29, 2011.
POSSESSION: After the 2011 wheat harvest on the planted wheat acres, and after the 2011 milo harvest on the acres to be planted to milo in June.
REAL ESTATE TAXES: Sellers will pay taxes for all of 2010 and prior years. Taxes for 2011 will be prorated to the date of closing. See chart below for 2010 taxes.
ACREAGES: Acreage figures are considered to be approximate and are from reliable sources, based on (USDA) FSA figures. All FSA information is subject to change. FSA acres may not be the same as deeded acres or county appraiser acres.
ACCEPTANCE OF BIDS: The successful bidders will be required to enter into a real estate purchase contract immediately following the auction. Copies of the contract will be available from the auction company prior to the sale.
EVIDENCE OF TITLE: Sellers will provide title insurance to the Buyers in the amount of the purchase price with the premium to be paid one-half by the Buyers and one-half by the Sellers. Title evidence will be provided on sale day.
INSPECTIONS: Each potential bidder is responsible for conducting their own independent inspections and due diligence concerning pertinent facts about the property. Neither Sellers nor Farm & Ranch Realty, Inc., its agents or representatives, are making any warranties about the property, either expressed or implied.
EASEMENTS: This sale is subject to all rights-of-way and easements, whether recorded or not, and to any oil and gas leases of record, if any.
AGENCY: Farm & Ranch Realty, Inc., its agents and representatives, are the Exclusive Agents of the Sellers.
AUCTIONEERS NOTE: The Burgardt Heirs will offer these properties at ABSOLUTE PUBLIC AUCTION on Thursday, March 31, 2011, at the Ellis County Fairgrounds in Hays, Kansas.
Tracts 1 and 3 both consist of excellent cropland. The tenant has given long-standing continuity to outstanding farming practices. Therefore this farm is recognized as a TOP PRODUCER. The current tenant, Tom Hoffman (785-623-6722), would like to continue farming this land.
The mineral rights will be sold separately as Tracts 2 and 4.
Call SCOTTY LEGERE at 785-650-9970 (cell) for further information and a tour of the land.
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