ONLINE AUCTION TERMS & CONDITIONS

PROCEDURE: This is an Auction for 110.39 more or less acres in Lincoln County, NE. The 110.39 more or less acres will be offered in one (1) individual tract. Online bidding will take place beginning at 1:30 pm CDT Monday, May 29, 2023 and will “soft close” at 1:30 pm CDT Friday, June 2, 2023. At 1:30 pm CDT on Friday, June 2, 2023, bidding will continue in five-minute increments until five minutes have passed with no new bids. AgWest Land Brokers Agents will be at Stapleton Community Center in Stapleton, NE on June 2, 2023 from 12:30 pm until the conclusion of the online auction. Please come during the scheduled time to discuss the property. AgWest Land Brokers will be there to assist buyers with the online bidder registration process. Bidders do not have to be present to bid online, however, you are required to be available by phone.

BIDDER QUALIFICATION: YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, so be sure you have arranged financing, if needed, and are capable of paying cash at closing. Potential bidders must be approved to bid online. Go to www.bid.agwestland.com and CREATE AN ACCOUNT, if you do not currently have an account. Then ENTER the AUCTION and REQUEST APPROVAL to bid. You must be approved by AgWest Land Brokers, LLC before you can bid. You must agree to the auction terms and conditions during the registration process.

ACCEPTANCE OF BID PRICES: The successful bidder will sign a purchase agreement within two (2) hours of the close of the auction. All final bid prices are subject to the Seller’s approval or rejection.

EARNEST PAYMENT: Ten percent (10%) earnest payment upon signing a purchase agreement. The earnest payment may be paid in the form of personal check, business check, cashier’s check, or wire transfer. The remainder of the purchase price is payable in cash at closing.

REAL ESTATE TAXES AND ASSESSMENTS: 2022 and prior years taxes paid by Seller. All 2023 and future taxes will be the responsibility of the Buyer.

CLOSING: Will take place on or before July 5, 2023 or as soon as applicable in 2023.

CLOSING EXPENSES: Seller shall be responsible for the documentary stamp tax created by virtue of this transaction to enable the recording of the Deed. Buyer shall be responsible for the other filing fees for purposes of recording the Deed. Closing agent fee shall be divided equally between the Seller and Buyer. Title Services of the Plains in North Platte, Nebraska will be the closing agent.

POSSESSION: Possession will be given at closing and funding.

CONVEYANCE INSTRUMENT: Seller shall execute a Warranty Deed (and Bill of Sale if personal property is included) transferring and conveying said property to Buyer, free and clear of all liens and encumbrances except easements or restrictions visible or of record.

TITLE: Seller shall provide an Owner’s Policy of Title Insurance as evidence of marketable title. The cost of the owner’s title policy and the escrow fee shall be divided equally between the Seller and Buyer. Buyer will be responsible for all expenses related to acquiring a mortgagee’s title policy, if required.

PROPERTY CONDITION: Property to be sold AS IS—WHERE IS and no warranty or representation, either express or implied, will be given to any bidder or Buyer. Buyer shall release Seller of any and all liability.

EASEMENTS AND LEASES: Sale of the property is subject to any and all easements of record and any and all leases.

SURVEY: No Survey of the Property shall be required and the purchase price set forth herein is not based upon actual surveyed acres.

MINERAL RIGHTS: All mineral rights owned by Seller, if any, will convey to Buyer.

AGENCY: AgWest Land Brokers, LLC and its representatives are exclusive agents of the Seller.

OTHER MISCELLANEOUS TERMS: The 110.39 acres +/- is sold AS IS. There is no well on the property and currently the property is watered from a well on an adjoining tract. Specifically, no warranty is made as to: i. boundaries of the property; ii. Acres comprising the property to be conveyed as acres are based on tax assessment and not survey and iii. ownership of the tank and hydrant that is used to water the property; Contact information on the adjoining landowner who currently provides water to the property is available on request. Otherwise, a well may need to be drilled.

Buyer agrees to cooperate with the Seller and the Seller agrees to cooperate with the Buyer in any such Internal Revenue Service Code Section 1031 Tax Deferred Exchange. Any legal documents necessary or desirable to affect the exchange and any expenses incurred in connection with such exchange transaction shall be the sole responsibility of the person utilizing such exchange.

Buyers have been informed that the listing agent is also the Seller of the property.

DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in the promotion and advertisement of this auction 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 the seller, the broker, the auction company, or any of their respective representatives. All sketches and dimensions in this brochure are approximate. All acreages are approximate and have been estimated based on legal descriptions or aerial photographs. 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. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. Bidders should complete this due diligence prior to bidding on this auction. Increments of bidding are at the direction and discretion of the auction company. The seller, broker, 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 auction company are final. Online bidding will be available on our website for this Auction. If you need assistance in registering to bid on our website, please call our office at 866.995.8067. In accepting the terms and conditions for the use of our website, you agree to not hold AgWest Land Brokers, LLC, our affiliates, or our representatives responsible or liable for the functionality of the bidding platform. Problems in placing bids on the online bidding platform could be caused by internet connections, human error, wireless connections, etc. If you have trouble placing your online bid, immediately call Jeff Moon at (308) 627-2630 for assistance in placing your bid.

SELLERS: Cord & Kylee Hesseltine

Lincoln County, NE Pasture