Terms and Conditions:
Procedure: The property will be sold Absolute, regardless of price. The property will be offered in 3 individual Tracts and in combinations, selling the way that nets the highest dollar amount to the Seller.
Buyer’s Premium: A 6% buyer’s premium will be added to bid price(s) to determine total contract price.
Earnest Money: A 10% earnest money deposit of the total contract price will be due immediately from all successful bidders. The earnest money may be paid in the form of personal check, business check or cashier’s check, immediately negotiable, made to the title company’s trust account. The balance of the total contract price is due in cash at closing.
Acceptance of Bid Prices: All successful bidders will sign a contract/agreement to purchase at the auction site immediately upon close of bidding. Buyer(s) assume all responsibility for obtaining any financing for purchase of the property and neither Seller nor Auction Company assumes any responsibility for buyer’s inability to obtain financing. Bidding/Purchase is not contingent upon Buyer(s) obtaining financing.
Possession/Closing: Possession shall be given upon closing. Closing shall take place on approximately November 21st, 2013 or as soon thereafter as applicable closing documents are completed.
Title: Seller shall pay for and provide an updated title commitment for the property and agrees to provide and execute an appropriate deed conveying merchantable title to the real estate to the Buyer(s).
Real Estate Taxes: 2013 taxes shall be prorated to the date of closing and Seller shall credit Buyer(s) at closing for pro-rated portion of 2013 taxes based upon most recent ascertainable tax figures. Buyer is responsible for paying 2013 taxes and all subsequent taxes.
Mineral Rights: All of Seller’s owned mineral rights will convey with the property.
Agency: Hall and Hall Partners, LLP and their representatives are exclusive agents of the seller.
Disclaimer and Absence of Warranties: All information contained in the sale brochure and any related materials are subject to the terms and conditions outlined in the contract/agreement to purchase. Statements, promises, or inducements made at the auction that are not contained in the written purchase agreement shall not be valid and binding. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation either expressed or implied, concerning the property is made by the Seller or the Auction Company unless agreed to in writing by Seller. Each bidder is responsible for conduction his or her own independent inspection, investigations, inquiries, and due diligence concerning the property. The information contained in the brochure is subject to verification by all parties relying on it. No liability for the accuracy of the brochure or any errors or omissions is assumed by the Seller or the Auction Company. All sketches, acreages and dimensions in the brochure are approximate. Conduct of the Auction and the increments of bidding are at the direction and discretion of the Auction Company. The Seller and Auction Company reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. All decisions of the Auctioneer are final.
Broker Participation: Broker participation is available according to the Broker Participation form. Broker participation forms are available upon request. Forms must be completed and returned no later than Monday, October 21st at 12:00-Noon MST.
Sellers: Jim & Gary Bliss.