ONLINE ONLY AUCTION
CROPLAND * CATTLE GRAZING * EXCELLENT HUNTING * COWLEY COUNTY, KS
TURKEY/DEER * KANSAS DEER MANAGEMENT UNIT 12 * FLINT HILLS REGION
ONLINE BIDDING OPENS: Monday, April 20th, 2020 at 6:00 PM (CST)
ONLINE BIDDING CLOSES: Wednesday, May 20th, 2020 at 6:00 PM (CST)
REGISTER & BID ONLINE: Go to www.BidHeritage.com and register online. All bidding is conducted online only and registration can take up to 24 hours, so please register before the last day.
PROPERTY LOCATION: From Burden, Kansas go 1 mile East on Highway 160, and then South on 231ST Road for 1 mile, to the Northwest corner of the farm. (Watch for auction signs).
LEGAL DESCRIPTION: Lots 3 and 4 and the South Half of the Northwest Quarter of Section 1, Township 32 South, Range 6 East of the 6th P.M., Cowley County, Kansas.
MAP LINK: https://uc.mapright.com/ranching/maps/ac3bdb7c59320d4ce82cc51340dd3258/share
ORDER OF AUCTION: According to Cowley County, Kansas the farm contains a total 153+/- acres. The farm is being offered in two individual tracts. Tract #1: consists of 79+/- acres of cropland with very little timber, along the southwest portion of the farm. Tract #2: consists of 74+/- acres of grass pasture, ponds, and timberland.
PROPERTY PREVIEW: The property can be previewed by scheduling an appointment, contact the auction company at (877) 318-0438. Property previews are encouraged prior to placing a bid in the auction. There are cattle on the grass pasture, so please keep the gates closed when touring.
GENERAL DESCRIPTION: This farm is located on the western edge of the renowned Flint Hills Ecoregion of Southeast Kansas, in Cowley County. It is comprised of good and fairly level cropland as well as a mixture of open pasture, timber and ponds. The property is located inside the Kansas Deer Management Unit #12 just outside the town of Burden, and Cowley County has a reputation for producing nice Whitetail bucks and plentiful turkey populations. Several deer moved around the property during our initial inspections, and this farm is loaded with wildlife habitat and lots of tracks. It has the right amount of open cropland and cover to make this a nice hunting farm for the enthusiast, as well as a solid investment.
FSA INFORMAITON: According to the Cowley County, Kansas Farm Services Agency, there are 79.66 cropland acres with the following base acres and yields. Wheat 46.70 base acres and 32 bushel yield; Sorghum 24.00 base acres and 43 bushel yield; Soybeans 1.10 base acres and 9 bushel yield; Barley 0.70 base acres and 40 bushel yield.
SOIL TYPES: The principal soil types of the cropland are: Labette silty clay loam, class 2e with 1 to 3 percent slopes; and Labette-Dwight complex, class 2e with 0 to 3 percent slopes. The pasture land has soils comprised of Florence cherty silt loam, 5 to 15 percent slopes; and Martin-Florence complex, 2 to 12 percent slopes.
SURVEY: In the event the property is sold to two separate (different) buyers, the cost of survey will be split between the seller (50%) and buyers (25% each). If the same person or entity buys both tracts, no survey will be provided or needed to transfer ownership.
POSSESSION: Possession of the property will be given upon payment in full of the purchase price and transfer of title at closing, subject to the existing agricultural leases, as follows:
Possession of the cropland will be given upon completion of harvest of the 2020 soybean crop, with 1/3 of said crop going to the buyer.
Possession of the pasture land will be given upon expiration of the current grazing lease which expires on December 31, 2020. Buyer shall be allowed the right to hunt on the property following closing.
TAXES: The general taxes for 2019 were $929.94.
MINERALS: No mineral rights are owned or being transferred by the Seller.
PERSONAL PROPERTY: The pipe, tanks, equipment, hunting stands, livestock and personal property currently located on the farm do not sell and will be removed prior to closing.
AUCTIONEERS NOTE: This farm has been in the same family for several years and due to the passing of their father, it is now being made available to you. The farm will offer the new owners an excellent investment opportunity for farming, cattle grazing, hunting and quiet rural Kansas living. Don’t miss this opportunity to purchase a very nice Cowley County farm.
Online Auction Bidders Agreement
THIS IS A LEGALLY BINDING DOCUMENT. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH HEREIN, PLEASE CONSULT AN ATTORNEY PRIOR TO SIGNING OR BIDDING.
I ________________________________ (Buyer) agree to immediately enter into a Purchase Contract if I am declared the high bidder (winning bidder) by the auctioneer during the following auction:
PROPERTY: 153+/- acres on 122nd Rd, Burden, KS 67019, legally described as follows: Lots 3 and 4 and the South Half of the Northwest Quarter of Section 1, Township 32 South, Range 6 East of the 6th P.M., Cowley County, Kansas.
ORDER OF AUCTION: According to Cowley County, Kansas the farm contains a total 153+/- acres. The farm is being offered in two individual tracts. Tract #1: consists of 79+/- acres of cropland with very little timber along the southwest portion of the farm. Tract #2: consists of 74+/- acres of grass pasture, ponds, and timberland.
BIDDING OPENS & CLOSES:
- Online Bidding Opens on Monday, April 20th, 2020 at 6:00pm (CST)
- Online Bidding Closes on Wednesday, May 20th, 2020 at 6:00pm (CST),
subject to the “soft close” function (see description below)
By signing below, I acknowledge that I have read and fully understand the Online Auction Bidders Agreement and the Terms and Conditions of this auction.
I fully understand and agree that an Online Auction Bidders Agreement MUST be signed and returned to United Country | Heritage Brokers & Auctioneers, prior to being allowed to bid in the Online Auction. As a bidder, it is solely my responsibility to contact the auction company at (877) 318-0438 with any questions regarding the auction, purchase agreement or terms & conditions, prior to placing any bids in said auction.
Online Auction Terms & Conditions
- Confirmation Auction: The property is being offered in an Online Only Auction, subject to confirmation (approval) by the seller, upon conclusion of the auction.
- Bidding Registration: Online bidder hereby agrees that they must be properly registered for the online auction by completing and signing the (Online Auction Bidders Agreement), which will be sent by email via DocuSign. Upon completing this registration form and receiving approval, bidding privileges will be turned on. If you need assistance with registration, you may contact Lucinda Terrel at (816) 420-6257 or by email at email@example.com. Seller at their sole discretion may require additional registration requirements from bidders unknown to them or the auction company.
- Bidding Opens/Closes: The Online Only Auction (i.e. Internet Auction) bidding shall be opened and begin closing on the dates and times stated above.
- Property Preview Dates: To view the property, schedule an appointment by contacting the auction company at 877-318-0438. It is recommended to all bidders to personally inspect the property prior to placing any bids in the auction. Property inspections are the sole responsibility of the bidders. There are cattle on the grass pasture, so please keep gates closed while touring.
- No Financing Contingency: 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 and sale agreement.
- Buyer’s Premium: A Five Percent (5%) Buyer’s Premium shall be added to the final bid price place online, which will determine the Total Contract Sales Price. Bidders hereby understand that the Buyer’s Premium shall be added to the winning bid to create the Total Contract Sales Price for which they are obligated to pay for the property.
- Purchase Contract: Winning bidder hereby agrees to enter into a Contract to Purchase the property immediately upon being declared the Successful Bidder by the Auctioneer. Upon the close of the auction the winning bidder will be forwarded via email an Auction Real Estate Sales Contract to purchase the property. A signed copy of the Auction Real Estate Sales Contract must be received by United Country | Heritage Brokers & Auctioneers no later than 24 hours from the time said Purchase Contract was sent to the winning bidder. The Auction Real Estate Sales Contract may be (hand delivered, faxed, or scanned and emailed). A sample purchase contract is available for review online prior to placing any bids in the auction.
- Escrow Deposit: An escrow deposit of Ten Percent (10%) of the total contract purchase price (which includes the buyer’s premium) will be wire transferred or hand delivered in the form of certified funds to the Title Company no later than 48 hours following the close of auction. See closing agents contact information below. The balance of the purchase price will be due in full at closing.
- Closing: Closing shall be on or by Friday, June 19th, 2020. Closing shall take place at Security 1st Title, 216 E 9th Ave., PO Box 541, Winfield, KS 67156. Closing Agent is Diane Williams (Escrow Officer) and their contact information is (620) 221-0430 and firstname.lastname@example.org. Out of state buyers will be afforded the opportunity to close via email, mail and wire transfer of certified funds.
- Easements: The sale of the property is subject to any and all easements of record.
- Minerals: No mineral rights are owned or being transferred by the Seller.
- Survey: Seller does not require any survey. If the Buyer desires survey, it shall be at the Buyer’s sole expense.
- Possession: Possession of the property will be given upon payment in full of the purchase price and transfer of title at closing, subject to the existing agricultural leases, as follows:
- Possession of the cropland will be given upon completion of harvest of the 2020 soybean crop, with 1/3 of said crop going to the buyer.
- Possession of the pasture land will be given upon expiration of the current grazing lease which expires on December 31, 2020. Buyer shall be allowed the right to hunt on the property following closing.
- Title Insurance: Title Insurance in the full amount of the purchase price will be provided by the seller. Seller shall execute a general warranty deed conveying the property to the buyer(s).
- Taxes: Seller shall pay the 2019 and all prior year real estate taxes. 2020 real estate taxes will be Pro-Rated to the date of closing.
- Online Auction Technology (Disclaimer): Under no circumstances shall Bidder have any kind of claim against United Country | Heritage Brokers & Auctioneers, or anyone else, if the Internet service fails to work correctly before or during the auction. Online bidding is subject to technology faults and issues which are outside the control of the auction company. Bidder(s) are encouraged to use the “Maximum Bid” feature on the bidding platform and lock in their maximum bid amount, if they are concerned about technology failure during the auction. The SELLER and/or Auction Company reserves the right to (pause) the online auction bidding in the event of any internal or external technology failure, to preserve the integrity of the auction event and maintain a fair and impartial bidding environment.
- Soft Close: If a bid is received within the last 3 minutes of the auction, the auction close time will automatically extend 3 minutes to allow other bidders an opportunity to competitively bid prior to the auction closing. This feature encourages fair and impartial bidding activity from all registered participants.
- Disclaimer: All information provided is believed to be accurate; however, no liability for its accuracy, errors or omissions is assumed. All lines drawn on maps, photographs, etc. are approximate. Buyers should verify the information to their satisfaction. Information is subject to change without notice. There are no warranties either expressed or implied pertaining to this property. Real estate is being sold "As-Is, Where-Is" with NO warranties expressed or implied. Please make all inspections and have financing arranged prior to the end of bidding. The Auctioneer reserves the right to bid on behalf of the Seller up to, but not beyond the Seller’s reserve price (if applicable). The property is available for and subject to sale prior to auction. By participating in this auction, Buyers hereby acknowledge that any bid(s) placed by them is a binding agreement to purchase the property, subject to the bid being approved by Seller (if applicable).
- Pre-Auction Sales: As an exclusive agent for the Seller, the Auctioneer shall present any and all bona fide written offers to the Seller, which may be created outside of the online bidding platform. Therefore, all properties are subject to pre-auction sales. Pre-auction offers must meet all of the auction terms and conditions, and must be submitted to the Auctioneer on the Auction Real Estate Sales Contract, along with the required earnest deposit. Properly submitted offers will be presented to the Seller in a timely manner. Seller may accept or reject such offer at their sole and absolute discretion.