Auction Terms & Conditions
PROCEDURE: The property will be offered in 8 individual tracts, any combination of tracts, or as a whole property. The property will be sold in the manner resulting in the highest total sale price. Bidding will be done on a lump sum dollar basis. Bidding will be simultaneously offered online and in person at the auction location. Bidding will open online at 10:00 am CST on Wednesday, January 20, 2021 and will remain open through the end of the simultaneous live auction on Tuesday, January 26, 2021. Please contact the Auction Company for additional questions and details regarding bidding procedures.
COVID-19 RESTRICTIONS AND GUIDELINES: As of December 1, 2020 the State of Missouri and the Knox County Health Department have not implemented any specific restrictions governing the conduct of a live auction. The Auction Company will separate tables and chairs according to social distancing guidelines and ask that all attendees and auction personnel maintain social distancing of at least six feet apart. Attendees and auction personnel will also be asked to wear personal protective equipment including masks. Prospective bidders who are exhibiting any COVID-19 symptoms are asked to refrain from attending the live event and instead participate through the online bidding portal. In the event restrictions regarding the number of people that can attend the auction are implemented prior to the auction date, the Auction Company will update these guidelines accordingly on the property website NEMOFarmAuction.com
BIDDERS: Bidders are strongly encouraged to register online prior to the auction. Bidders may also register at the auction site the day of the auction, All bidders must be of legal capacity to enter into a purchase agreement. All bidders will be required to provide their name, company (if applicable), mailing address, phone number and email address (the “Buyer Information”) prior to the auction. By registering, bidders represent and warrant any and all Buyer Information is accurate and complete and agree to abide by the Auction Terms & Conditions.
DOWN PAYMENT: A ten percent (10%) non-refundable down payment of the total contract purchase price will be due immediately after being declared the successful bidder(s) (“the Buyer(s)”). The down payment may be paid in the form of wire transfer, personal check, business check, or cashier’s check. The balance of the contract purchase price is due in cash at closing. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING.
POSSESSION: Possession shall be given at closing subject to any remaining rights of the tenant on the existing farm lease to store grain in the bins located on Tract 3. All 2020 farm income shall be retained by Seller.
ACCEPTANCE OF BID PRICES: All successful bidders shall sign a purchase agreement immediately following the close of bidding. All final bid prices are subject to acceptance or rejection by Seller in its sole discretion.
CLOSING: The closing date shall be held on a mutually agreeable date within thirty (30) days following execution of purchase agreement with closing to be held at the offices of Knox County Abstract or at another mutually acceptable location.
ACREAGE AND SQUARE FOOTAGE: All advertised acreages, square footages and grain storage capacities are approximate and have been estimated based on current legal descriptions, tax records, FSA records and/or aerial photographs and mapping software.
SURVEY: No survey will be provided by Seller. In the event Tracts 3 and 4 are purchased by separate Buyers, Seller will cooperate with the Buyer of Tract 3 to obtain a survey sufficient to transfer title. The Buyer of Tract 3 will be solely responsible for the cost of the survey. Should a discrepancy exist between the actual acreage and/or the actual square footage and the advertised amounts, the contract purchase price for either Tracts 3 or 4 shall not be adjusted to reflect the actual acreage or the actual square footage.
TITLE: Seller shall furnish the Buyer(s) at Buyer’s expense an Owner’s Policy of Title Insurance in the amount of the purchase price and agrees to provide and execute a recordable deed sufficient to convey the real estate to Buyer(s).
REAL ESTATE TAXES AND ASSESSMENTS: Real estate taxes and assessments will be the responsibility of the Buyer(s) beginning with 2021 taxes due in 2022 and thereafter. Real estate taxes and assessments for the 2020 calendar year due in 2021 will be a credit to Buyer(s) at closing based upon 100% of the last ascertainable real estate tax bill for a full year.
EASEMENTS, ENCUMBRANCES & LIENS: Sale of the property is subject to any and all recorded or apparent easements, encumbrances, and liens, if any. In the event Tracts 3 & 4 are purchased by seperate buyers, a shared access agreement will be entered into by the parties. Please contact the Auction Company for more details.
MINERAL RIGHTS: Sale of the property shall include all mineral rights owned by Seller, if any.
AGENCY: Kander LLC, Hall and Hall Partners, LLP and their representatives (collectively, “Auction Company”) are exclusive agents of the Seller.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this brochure and all related materials are subject to the terms and conditions outlined in the purchase agreement. ANNOUNCEMENTS MADE BY THE AUCTION COMPANY AT THE AUCTION PODIUM OR POSTED TO THE ONLINE BIDDING SOFTWARE DURING THE TIME OF THE SALE WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation, either express or implied, concerning the property is made by the Seller or the Auction Company and in no event shall either be responsible for the correctness of description, attribution, authenticity, authorship, completeness, condition of the property or estimate of its value. No statement (oral or written) in the brochure, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility. Seller expressly disclaims any representations and warranties as to any tenancies, liens, and encumbrances on any portion of the property. To the extent there is any machinery, equipment, personal property and other items (the “Goods”), such Goods shall be sold on an “AS IS, WHERE IS” basis without any warranties or representations, either expressed or implied. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in this brochure is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by Seller or the Auction Company. All sketches and dimensions in this brochure are approximate. All acreages are approximate and have been estimated based on legal descriptions, tax records, FSA records or aerial photographs. Conduct at the auction and increments of bidding are at the direction and discretion of the Auction Company. 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, or for any reason whatsoever. All decisions of the Auction Company are final subject to Seller’s approval.
NEW DATA, CORRECTIONS AND CHANGES: Any changes, corrections, or additions to the property information will be updated and posted to the property website, NEMOFarmAuction.com. Prior to bidding online or attending the scheduled live auction date, please visit the website and/or contact the Auction Company for further details.
NOTE: Videotaping, flash photography, and/or public announcements will be allowed on auction day ONLY with prior written approval from the Auction Company and Seller.
SELLER: Cordes & Company, solely in its capacity as General Receiver for Triple E Farms, LLC; 7-R Farms, Inc.; William Daniel Roewe; and Jennifer Lynn Roewe under the Circuit Court of St. Louis County in the State of Missouri for Case No.: 20SL-CC02849
Edina, Missouri 63537
This 1,471± acre property is being offered in 8 tracts. The property is primarily comprised of 1,249± acres of productive, tillable farmland with the balance in recreational timber and includes several country homes with outbuildings and grain storage.
With the multi-parcel auction format, you can bid on any individual tract which range from 3± acres to 300± acres, any combination of tracts or even the whole property. You, the bidder, has the ability to tailor-make an acquisition that fits your needs.
Most of the property includes upland and/or bottom ground tillable acres with type 3 soils that are better than county averages. The property also offers excellent recreational opportunities for the outdoor enthusiast.
Tract 1 includes a small three bedroom, one bath house with an unfinished basement in a private setting. Tract 3 features ten grain bins with a total storage capacity of approximately 168,000± bushels and a 7,500± sf quonset-style building for equipment storage. Tract 4, immediately adjacent to Tract 3, is a 3± acre home site with a lovely 1,824± sf home with three bedrooms and one bath upstairs plus an additional “in-law” suite in the basement that includes a bedroom, small kitchen and bath. Tract 4 also includes a small shop/garage on the property. Tract 8 includes is a three bedroom, one and a half bath ranch style home with a large open floor plan and a small unfinished basement. Tract 8 also includes is a 5,750± machine shed with a truck wash bay, a small open bay equipment shed, an unattached garage and a small 7,000± bushel grain bin.