Medicine River Ranch is a 2,078+/- acre live water combination ranch located in Barber County, Kansas and will sell at absolute auction November 11, 2019 at 1:00 PM at the Barber County Heritage Center. This ranch has over 2.5+/- miles of Medicine Lodge River running throughout the property and has a low-water crossing system in place. The river is timber-lined offering outstanding hunting opportunities. The Medicine Lodge River is a 130-mile-long tributary of the Salt Fork of the Arkansas River in southern Kansas and northern Oklahoma in the United States. Via the Salt Fork and Arkansas rivers, it is part of the watershed of the Mississippi River. The property is also well watered with a 14+/- acre lake and multiple ponds throughout the property. The property is located in the famous Kansas Deer Management Hunting Unit 16 known for trophy whitetails, rio grande turkey, bob white quail, as well as a variety of small game and predator hunting opportunities.
This excellent combination ranch offers a variety of opportunities ranging from hunting, grazing, crop production and multiple home country home sites. The ranch is fenced and has some cross-fencing. The property has great access and interior road systems across the entire ranch with good rocked roads. The Atchison, Topeka and Santa Fe Railway is located only 1.5+/- miles SE of the ranch. There are a working corrals and pens at the entrance of the ranch along with a 33x60* shed and a 9x38* shed. Ranch lays fairly level with elevation ranging from 1330 ft to 1380 ft on the east side.
SOIL TYPES: The principal soil types in the areas of cultivation are: Clairemont silt loam, 0-1% slopes, class 2W, Yahola sandy loam, 0-1% slopes, class 2W, Mangum clay, 0-1% slopes, class 4S.
LOCATION: The ranch is located in a secluded area with lots of privacy only 20+/- miles SE of Medicine Lodge, KS, 10+/- miles N of Kiowa, KS, and 4.5+/- miles W of Hazleton, KS on Scott Canyon Rd.
The property will sell to the highest bidder regardless of price.
AUCTION DATE/TIME: Monday, November 11, 2019 at 1:00 PM CST
AUCTION LOCATION: The Barber County Heritage Center, 1056 SE Isabel Rd, Medicine Lodge, KS 67104
PROPERTY INSPECTIONS: Property Tours Available By Appointment. To set up a property tour, contact
Shawn Terrel, Auctioneer/Broker (KS Broker #00216208): 580-747-6068.
10% Buyer's Premium applys to this auction.
LEGAL DESCRIPTION: The surface rights only of the East Half and the East Half of the Southwest Quarter (E/2 & E/2 SW/4), and the East 120 Acres of the Northwest Quarter (NW/4) of Section 10, and the West Half of the Southwest Quarter (W/2 SW/4) of Section 14, and all of Section 15, and the East Half of the Southeast Quarter (E/2 SE/4) and that part of the Southwest Quarter of the Southeast Quarter (SW/4 SE/4)lying East of the centerline of the main track of the railroad right of way (now vacated) as such tract was located across said Southwest Quarter of the Southeast Quarter (SW/4 SE/4) of Section 16, and the Northeast Quarter (NE/4) of Section 21, and the North Half (N/2) and the Southeast Quarter (SE/4) of Section 22, and the West Half of the Northwest Quarter (W/2 NW/4) of Section 23, all in Township 34 South, Range 11 West of the 6th P.M., Barber County, Kansas. (2,078 +/- TOTAL ACRES)
AUCTION TERMS AND CONDITIONS
Property at Auction: 2,078+/- Acres, Barber County, Kansas
Auction Day &Date: Monday, November 11, 2019
Auction Time: 1:00 PM (CST)
Auction Location: The Barber County Heritage Center Community Room, 1056 SE Isabel Road, Medicine Lodge, KS 67104
GENERAL TERMS: Bidding is open to any properly registered adult without regard to race, color, sex, religion, or national origin. However, Seller and Broker reserve the right to qualify prospective bidders and to withdraw bidding rights of registered bidders based on conduct, financial circumstances, or other cause affecting or appearing to affect that person’s suitability, credibility, or capability as an auction participant. Broker reserves the right to modify these Terms and Conditions. Any modifications will be announced prior to the auction. Broker shall be the sole judge of the methods and procedures of the auction and for resolving any disputes. Bidder is responsible to assure that his bid and bidder number are made known to the auctioneer. By participating in this auction, Bidder agrees to be bound by these Terms and Conditions.
AUCTION REGISTRATION: Onsite auction registration will begin one hour prior to the beginning of the auction. All bidders are required to register with a valid form of photo ID (driver’s license) and acknowledge by signature that bidder has read and agrees to be bound by the auction terms and conditions. Seller may at their sole discretion require additional registration requirements and/or deposits for bidders that are not known by the auction company or seller. Broker participation is welcomed. However, Brokers wishing to participate must register themselves and their clients with Broker at least 48 hours in advance of the auction by completing the Broker Participation Form provided by Broker upon request. Registered Brokers must be present at and participate in the auction.
AUCTION FORMAT & BIDDING PROCEDURES: The property is being offered at Public Auction and will be sold to the highest qualified bidder on auction day. Once the “auction” on an individual parcel is opened, and there is a calling for bids, the item will sell unless no bid is received within a reasonable time. Seller reserves the right to cancel or withdraw any parcel before the opening of bidding on that parcel.
ORDER OF AUCTION: The real estate shall be offered in one tract (its entirety) as a 2,078+/- acre ranch and outbuildings.
BUYER’S PREMIUM: A Ten Percent (10%) buyer’s premium shall be added to the winning bid at the auction to arrive at the Total Contract Price to be paid by the buyer at closing.
PROPERTY CONDITION & INSPECTION: Real estate may be inspected by appointment. The property is offered and sold in its “as is – as shown - where is” condition without express or implied warranties, except warranty of marketable title as expressed in these Terms and Conditions. Bidders and Participating Brokers are responsible for conducting their own due diligence and inspection of the property prior to the auction and are to rely solely upon their opinion of the property. The failure to inspect the property prior to bidding shall be considered a waiver of the right to inspect. The property is vacant land and may be previewed by contacting the auction company and requesting a date/time to tour the ranch. For property inspection information, contact Shawn Terrel, Broker/Auctioneer at (580) 747-6068. It is highly recommended that all bidders personally inspect the property prior to placing any bids at the auction. Property inspections are the sole responsibility of the bidders.
BIDDER’S LEGAL RESPONSIBILITY AFTER BID IS ACCEPTED: The act of entering a bid constitutes the bidder’s agreement that if the bid is accepted he will sign the contract for the purchase of the property, an example of which is in the bidder’s packet, and that he will proceed to a timely closing. Bidder expects Broker to detrimentally rely upon his good faith in making the bid. Bidder’s failure to sign the contract or to close the sale will render Bidder legally liable for specific performance or damages.
DOWN PAYMENT & CONTRACT SIGNING: The successful bidder shall be required to place a non-refundable deposit of Ten Percent (10%) of the Total Contract Price in escrow and sign the purchase agreements, immediately following the conclusion of the auction. The down payment shall be in the form of (cashier’s check, personal check, business check, or other means preapproved in writing by Broker or Seller). Risk of loss passes to Buyer the sooner of closing or upon taking possession.
NO FINANCING CONTINGENCY: This is a “cash” sale and financing is not a contingency in the purchase and sale contract for the auction. It is strongly recommended that all bidders arrange any financing needed and ensure they have the proceeds to close the transaction prior to placing any bids at the auction.
REAL ESTATE - STATUS OF MINERALS - WARRANTY OF TITLE: Seller shall provide to the title insurance issuer evidence of marketable title to real property according to the Title Standards of the Kansas Bar Association. Title to the surface only of the real property, together with all the Property’s improvements and appurtenances, if any, will be conveyed by General Warranty Deed and subject to: (1) recorded easements and rights of way; (2) recorded restrictive covenants, including those set out in Schedule B, paragraph 1 of the Title Insurance Commitment; (3) recorded plat restrictions; (4) zoning and use restrictions imposed by any government or any governmental agency or district, (5) obvious encroachments; and (6) environmental problems and violations which may exist in or with respect to the Property, if any. Seller is unaware of any encroachments or any environmental problems or violations.
MINERAL RIGHTS: The property is being sold (surface only) and no minerals are being sold or transferred to the buyer.
REAL ESTATE CLOSING: Closing shall take place on or before Wednesday, December 11th, 2019. Closing shall be held at Kansas Secured Title, 119 North Jennings Ave., Anthony, KS 67003. Their phone number is (620) 842-5512.
POSSESSION: Possession of the property shall be given to the Buyer upon successful closing of said sale and transfer of title.
SURVEY: Seller does not require a survey of the property. If the buyer desires a survey, it shall be at the buyer’s sole expense.
TAXES: The 2019 taxes shall be prorated to the date of closing. The 2018 and all previous year’s taxes will be paid by the seller.
VIDEO, PHOTOGRAPHY, & RECORDINGS: Videotaping, flash photography and/or public announcements will ONLY be allowed on auction day with prior written approval from the Seller and United Country-Kansas City Auction and Realty. Broker may take photographs or other electronic recordings and representations of events and attendees during the course of the auction that may be used in future promotions. By attending the auction, attendees, whether registered or not, consent to such activity and make no claim to or right in the materials.
DISCLAIMERS: All information is taken from sources believed to be reliable, but is subject to verification by all parties relying on it. Any and all drawings, sketches, dimensions are approximate. No liability for its accuracy, errors or omissions is assumed by the seller or the auction company. All bidders are responsible for conducting their own inspection, inquiries and due diligence concerning the property being offered and are encouraged to satisfy themselves prior to placing any bids at the auction. The property is being offered “AS IS, WHERE IS” and no warranties or representations either expressed or implied are being made by the seller(s) or the auction company. All information contained in the advertising and all related materials are subject to the terms and conditions outlined in the purchase sale agreement. All dollar amounts stated in the terms and conditions or otherwise shall be in U.S. currency, only. Any announcements made the day of auction shall take precedence over any previously printed material or any other oral statements made.
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.
AGENCY: United Country – Kansas City Auction and Realty and its agents, auctioneers, brokers and representatives are Exclusive Agents of the Seller(s).
CONFLICTS: If any of these Terms and Conditions conflict with the terms of the contract for the sale of the property, the terms of the contract shall control.
SPECIAL ANNOUNCEMENTS: None at this time.