LAFAYETTE COUNTY LAND SALE MELBA JEAN FISCHER ESTATE
TRACT 2
TRACT 1
Home at 908 Orange St. Concordia, MO 64020
Home at 1112 Gordon St. Concordia, MO 64020
332.5 Acres M/L
Offered in 3 Tracts 60 Acres m/l with home at T48N – R25W – Sections 13 & 24
TRACT 3
3489 Cooks Store Rd. 44.72 Acres m/l Tillable
TRACT 4
TRACT 5
82.5 Acres m/l 65.02 Acres m/l Tillable
190 Acres m/l 147.92 Acres m/l Tillable
Farm location: 2 ½ miles South West of Concordia, MO Farm Borders Cooks Store Rd. on the East, Duensing Rd. on the South. You can access the farm at the corner of HWY KK and Duensing Rd.
10:30 A.M. FRIDAY, NOVEMBER 16, 2018 CONCORDIA COMMUNITY CENTER (802 Gordon Street, Concordia, Mo 64020) Seller: Roger Fuchs, Personal Representative Jill Harriman Lilleman, Attorney for the Estate For Sale Information Contact
Mike Williams
816-797-5450 mike@wheelerauctions.com mike@wheelerauctions.com
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TABLE OF CONTENTS Auction Information ...............................................................................................5-6 Terms and Conditions ............................................................................................7 Tract 1 and Tract 2 Descriptions ...........................................................................8-9 Plat and Track Map .................................................................................................10 Farm Lease Agreement ..........................................................................................11 FSA Map ..................................................................................................................12 Soil Map ...................................................................................................................13 Tract 3, Tract 4, and Tract 5 Descriptions ............................................................14-15 Auction Sale Contract ............................................................................................16-23
Tract 3
Tract 4
Tract 5
The Lillian M. Kresse Estate, Concordia, MO Land Auction of 100 Acres offered in 2 Tracts will take place at 10:00 A.M. Just prior to the Melba Jean Fischer Estate Land sale that is scheduled for 10:30 A.M at the Concordia Community Center. mike@wheelerauctions.com
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MELBA JEAN FISCHER ESTATE
Mr. and Mrs Roland Fischer
Wheeler Auctions are pleased to bring you the combination of homes in the city limits of Concordia, MO as well as a 332.5 acres m/l farm from the Estate of Melba Jean Fischer. This land sale is divided into a total of 5 tracts, each offering variation in the real estate being sold and each being presented so that you as a buyer can choose just the parcel that fits your needs or you will be able to buy any combination of tracts if you wish to put a package of land or residences together. The homes on Tracts 1, 2, and 3 are occupied and will be shown by appointment only. Note the tenant arrangements that go with each home tract presented in this prospectus. The land tracts which are tracts 3, 4, and 5 do have a farm tenant agreement that is in place for the next three years and those tenant rights will prevail until December 31, 2021. We believe this will be one of the unique sales of Real Estate in Lafayette County this fall and hope you will be with us on November 16, 2018 at the Concordia Community Center to visit with the heirs of the Melba Jean Fischer Estate as well as exercise your options to buy prime real estate in the Concordia, MO area.
Chas and Mike
Feel free to view this farm at your leisure or For Sale Information Contact: Wheeler Auction Representative,
Mike Williams • 816-797-5450
mike@wheelerauctions.com • Website: www.wheelerauctions.com SALE DAY CELL PHONES
Chas Wheeler 573-473-2508 Mike Williams 816-797-5450 Charlie Nordwald 636-795-4552 Kirby Fecht 217-248-2906 Sonny Ketchum 523-721-2021 4
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AUCTION INFORMATION The Melba Jean Fischer Land Auction is subject to the approval by the Circuit Court of Lafayette County, Missouri at Lexington. Probate Division Case #: 18LF-PR00079-01 Roger Fuchs, Personal Representative 332.5 Acres M/L
Offered in 5 Tracts
Sale Date: Friday, November 16, 2018 at 10:30 a.m. Sale Location: Concordia Community Center, 802 Gordon Street, Concordia, MO 64020 Farm Location: 2 ½ miles South West of Concordia, MO Farm Borders Cooks Store Rd. on the East and Duensing Rd. on the South. You can access the farm at the corner of HWY KK and Duensing Rd. Method of Auction: We will offer the farm first. Tract 3 of 60 acres m/l with the home located at 3489 Cooks Store Rd, Tract 4 of 190 acres m/l and Tract 5 of 82.5 acres m/l will sell by the acre and as “Buyers Choice” tracts. The lead bidder will have the option to take any one tract, any combination of tracts and/or the entire farm represented by the three farm tracts. Tract 1, the home at 1112 Gordon St., Concordia, MO will sell as a stand- alone Tract and sell by the whole dollar amount. Tract 2, the home at 908 Orange St., Concordia, MO, will sell as a stand-alone Tract and will sell by the whole dollar amount. Contract: We will write the land sale contract immediately following the conclusion of the auction. Down Payment: A 10% escrow down payment will be required at the contract signing and the check will be payable to Truman Title Company. Possession: Ownership and possession will be given at closing. However, Tenant rights prevail on all 5 Tracts. Tenant right explanation is included in each Tract Description and in the land sale contract. Showing: The homes on each of Tracts 1, 2, and 3 will be shown by appointment only by contacting Mike Williams, 816-797-5450. These homes are all currently occupied and we wish to make scheduled intrusion for the sake of viewing the property as comfortable as possible for both prospective buyers and the tenants in each property. The tenants in each case have agreed to showings per their convenience and all realize that prospective buyers may wish to see inside the homes. The farm, Tract 3, 4, and 5 may be viewed at your leisure once the crops are harvested. Please refrain from driving over the fields if it is muddy or if any cover crops have been planted. The Pastures may have cattle in them so we ask that you stay out of the pastures. Most all of the farm tracts can be viewed from Duensing Rd. and Cooks Store Rd.
mike@wheelerauctions.com
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AUCTION INFORMATION Taxes: The 2018 taxes will be paid by the seller. 2019 taxes and beyond will be the responsibility of the new buyer or buyers. Tract 1- 2017 taxes of $745.46 Tract 2 – 2017 Taxes of $838.99 Tract 3 and Tract 4 were combined in 2017 and totaled $1317.22. If these tracts sell to separate buyers, the tracts are split with their own legal descriptions and new tax assessments will be issued by the Lafayette County Assessor for each individual tract. Tract 5 – 2017 Taxes totaled $263.55 Utilities: Tract 1 and Tract 2 are serviced by KCPL Utilities and are on city water and city sewage. The Natural Gas Furnaces on both properties is serviced by Spire Gas. The Tract 3 home is on West Central Electric Utilities and Rural Water District #2 of Lafayette County. The furnace is propane and currently serviced by Geyer Propane. The Tract 4 and Tract 5 have access to rural water as well as WCE Utilities along Duensing Rd. Schools: Concordia R-2 School District. NO BUYERS PREMIUM AT THIS AUCTION – WHAT YOU BID IS WHAT YOU PAY.
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AUCTION TERMS AND CONDITIONS Down Payment: Ten percent (10%) nonrefundable down payment the day of auction, upon signing a purchase agreement immediately following the close of bidding. The down payment may be paid in the form of personal check, business check, or cashiers check. The remainder of the purchase price is payable at closing within 30 days. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING. Be sure you have arranged financing, if needed, and are capable of paying the balance at closing. Title: Seller shall provide and execute a proper deed conveying the real estate to the buyer(s). Seller to pay for title insurance. Buyer and seller will split the closing costs 50/50. The preliminary Title Committment including the Buyer and sale price will be sent to each Purchaser for their Tract purchase(s) within 5 working days or by Monday, November 26, 2018 for the Purchasers review. Real Estate Taxes: The 2018 taxes are paid by the seller. The new buyer shall be responsible for 2019 taxes and all periods thereafter. Mineral Rights: The sale shall include 100% of the mineral rights owned by the sellers. Easements: Sale of the property is subject to any and all easements of record. Acreage: Sale of Tract 3, Tract 4, and Tract 5 will be based on 332.5 acres M/L as determined from legal descriptions, aerial maps and assessor’s documentation. This acreage is approximate and accurate to the best of our ability and no future adjustments in the final sale price will be granted to either the buyer or seller of said acreage. Tract 3 is represented as 60 Acres M/L. Tract 4 is represented as 190 Acres M/L. Tract 5 is represented as 82.5 Acres M/L. Closing: Anticipated closing date shall be on or before Wednesday, December 19, 2018 or on a date mutually agreed upon by the buyer(s) and the sellers conducted at the office of Truman Title Co., Inc., Lexington, MO. Agency: Wheeler Auctions & Real Estate and its representatives are Exclusive Agents for the sellers. Disclaimer: 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 either the sellers or the auction company. Each bidder is responsible for conducting its own independent inspections, investigations, and all due diligence concerning the property and the auction. Information contained in this brochure is subject to verification by all parties relying on it. Diagrams/dimensions in this brochure are approximate. Acreage is estimated. All information contained in this brochure and any related materials are subject to the terms and conditions of sale outlined in the purchase contract. Auction conduct and bidding increments are at the sole direction and discretion of the auctioneer. All decisions of the auctioneer are final. The sellers and the Auction Company reserve the right to preclude anyone from bidding if there is a question as to the person’s credentials, fitness, intent, etc. New Data, Corrections and Changes: Please arrive prior to scheduled auction time to inspect any changes, corrections or additions to the property information. ALL ANNOUNCEMENTS AND INFORMATION GIVEN FROM THE AUCTION PODIUM SHALL TAKE PRECEDENCE OVER PREVIOUSLY PRINTED OR STATED ADVERTISEMENT. mike@wheelerauctions.com
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TRACT 1 DESCRIPTION
1112 Gordon St. Concordia, MO 64020
Built in 1922 - 1 ½ story frame home Unattached single car garage
1330 Sq. Ft. Main Floor –2 bedroom, living room, kitchen, dining room, 931 Sq. Ft. Upstairs – The attic is best used as storage space. Limited heat and AC upstairs. Full Basement – completely unfinished, with an area as an office space, makeshift shower at drain, and balance in storage. Natural gas furnace in basement. Basement has some water leakage. Central AC with auxiliary AC window unit that belongs to the tenant. Dish Washer is the only appliance that stays with the Home The current tenant has tenant rights and will occupy the home until January 31, 2019. The current tenant would like to submit a proposal to the new buyer to continue renting the property in the event that the buyer purchases the property as a rental without long term intentions of moving into the home.
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TRACT 2 DESCRIPTION 908 South Orange St. Concordia, MO 64020 Built in 1954 – 1 story frame home with attached 14’ x 20’ Garage. 1530 Sq. Ft. Main Floor – 2 bedrooms, living room, dining room, kitchen, sun room with office, Full bathroom. 1530 Sq. Ft. Basement, unfinished with ½ bath. 2x4in. Divider walls are in place for future room development. Basement is currently used for storage. Natural gas furnace is in the basement. All appliances except the washer and dryer stay with the property. Basement will leak with heavy rain and a sump pump is in place at drain. The current tenant has tenant rights and will occupy the home until January 31, 2019. The current tenant would like to submit a proposal to the new buyer to continue renting the property in the event the new buyer purchases the property as a rental without long term intentions of moving into the home.
mike@wheelerauctions.com
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332.5 ACRES M/L FISCHER FARM CURRENTLY ADDRESSED AS 26443 DUENSING RD. T48N - R25W - SECTIONS 13 & 24 Exit #52
To Concordia
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FARM LEASE AGREEMENT
The current tenant on the Fischer Farm, Larry and Linda Meineka and Bradley and Sarah Meineka have full and complete tenant rights to farm and maintain the farm referred to as the farm ground on Tract 3, Tract 4, and Tract 5 through December 31, 2021, a period of 3 years. The current Farm Lease Agreement is binding to the new owner or owners of these specified tracts and cannot and will not be broken without written notice or consent by the current tenants. A copy of the Farm Lease Agreement may be reviewed by contacting Mike Williams, 816-797-5450 or will be available on sale day. Key points of the Farm Lease Agreement:
As the Auction Firm chosen to liquidate this farm, we view the Farm Lease Agreement as a fair and equitable contract that is equally beneficial to both the Landlord and Tenants. We are proud to present a farm with this strong Tenant Agreement in place. We also wish to convey the high character and work ethic of the Meineka’s and are pleased to be associated and recommend them as the tenants for the period of this Contract. mike@wheelerauctions.com
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REVISED FSA MAP
Exact acreage will be determined at the FSA Office in Higginsville, MO
MISSOURI
FARM : 6971
United States Department of Agriculture Farm Service Agency
LAFAYETTE Form: FSA-156EZ
:
Crop Year : 2018
Abbreviated 156 Farm Record
See Page 2 for non-discriminatory Statements.
Operator Name
Prepared : Sep 11, 2018
MEINEKA REV LIVING TRUST LARRY
Farms Associated with Operator :
29-107-3365, 29-107-4788, 29-107-5019, 29-107-5788, 29-107-6391, 29-107-6473, 29-107-6628, 29-107-6882, 29-107-6971, 29-107-6975, 29-107-7394, 29-107-7581, 29-107-7582
CRP Contract Number(s)
:
10045B
Recon ID
:
29-107-2013-3
Farm Land Data Farmland
Cropland
DCP Cropland
WBP
WRP
CRP
GRP
Sugarcane
Farm Status
Number Of Tracts
333.90
261.79
261.79
0.00
0.00
1.30
0.00
0.00
Active
1
State Conservation
Other Conservation
Effective DCP Cropland
Double Cropped
MPL
0.00
0.00
260.49
21.00
0.00
0.00
0.00
Acre Election
Broken DCP Ag.Rel. From Native Activity Sod
EWP 0.00
Crop Election Choice ARC Individual
ARC County
Price Loss Coverage
None
CORN, SOYBN
None
DCP Crop Data Crop Name
Base Acres
Corn Soybeans
TOTAL
CCC-505 CRP Reduction Acres
CTAP Yield
PLC Yield
100.79
0.00
0
94
97.11
0.00
0
34
197.90
0.00
HIP
NOTES
There is no current CRP contract. ARC County payments are made 50/50 Landlord and Tenant. Tract Number
:
7698
2016 Corn @ 168 bu/ac : MISSOURI/LAFAYETTE 2017 Corn @ 184 bu/ac ANSI Physical Location : MISSOURI/LAFAYETTE BIA Unit Range Number : 3@ 130 bu/ac 2018 Corn
Yield History
2016 Soybeans @ 50 bu/ac 2017 Soybeans @ 50 bu/ac 2018 Soybeans not harvested at press time
:
S13,24 T48N R25W
HEL Status
:
HEL field on tract.Conservation system being actively applied
WL Violations
:
None
Description
FSA Physical Location
12 Wetland www.wheelerauctions.com Status : Tract contains a wetland or farmed wetland
SOIL SoilsMAP Map
State: County: Location: Township: Acres: Date:
Missouri Lafayette 24-48N-25W Freedom 333.29 9/24/2018
Soils data provided by USDA and NRCS.
Area Symbol: MO107, Soil Area Version: 18 Area Symbol: MO107, Soil Area Version: 18 Code
Soil Description
10118 Sampsel silty clay loam, 5 to 9 percent slopes, eroded
Acres
Percent of field
NonIrr Class Legend
NonIrr Corn Grass Class *c legume hay
Grass legume pasture
Soybeans
Wheat NCCPI Soybeans
139.96
42.0%
IIIe
48
10027 Higginsville silt loam, 5 to 9 percent slopes, eroded
38.29
11.5%
IIIe
63
36117 Nodaway silt loam, heavy till, 0 to 2 percent slopes, occasionally flooded
36.65
11.0%
IIw
81
10098 Marshall silty clay loam, 2 to 5 percent slopes
24.95
7.5%
IIe
73
10119 Sampsel silty clay loam, 5 to 9 percent slopes, severely eroded
19.46
5.8%
IIIe
35
60244 Winfield silt loam, 5 to 10 percent slopes, eroded
18.03
5.4%
IIIe
132
4.1
6.8
40
52
62
60055 Winfield silt loam, 2 to 5 percent slopes
17.53
5.3%
IIe
145
4.3
7.1
45
55
76
10103 McGirk silt loam, 2 to 5 percent slopes
13.75
4.1%
IIe
65
13621 Blackoar and Otter silt loams, 1 to 3 percent slopes and frequently flooded soils
13.45
4.0%
IIIw
67
60262 Winfield silty clay loam, 9 to 14 percent slopes, severely eroded
6.18
1.9%
IVe
38
10145 Bendena silty clay loam, 5 to 14 percent slopes
3.83
1.1%
VIIs
0
10077 Macksburg silt loam, 0 to 5 percent slopes
1.11
0.3%
IIe
69
60031 Winfield silt loam, 9 to 14 percent slopes, eroded
0.10
0.0%
VIe
58
Weighted Average 14.8
0.4
0.7
4.5
5.7
57.5
*c: Using Capabilities Class Dominant Condition Aggregation Method Soils data provided by USDA and NRCS.
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TRACT 3 DESCRIPTION 60 acres M/L – Tillable at 44.72 acres M/L, with home at 3489 Cooks Store Rd. Concordia, MO 64020 This parcel is very fertile with some land available for pasture. Ample water and wildlife habitat is a feature of this parcel as well. Access to Tract 3 is along Cooks Store Rd. 2 Story Frame Home with 512 Sq. Ft. on the main floor – Semi-open space living room, 2 bedrooms, kitchen, full bath, laundry room. 384 Sq. Ft. upstairs as one room. Central AC Propane Furnace in Full Basement - Basement for storage and walls will leak as there are some cracks in the foundation. No appliances are included with this home. Sewage system has laterals and small lagoon contained on the property. Small garage or storage shed is on the property. The current home tenant has tenant rights until January 31, 2019. The current tenant would like to submit a proposal to the new buyer to continue renting the property in the event the new buyer purchases the property as a rental without long term intentions of moving into the home.
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TRACT 4 DESCRIPTION
190 acres M/L – Tillable at 147.92 Acres M/L Access to Tract 4 is along Duensing Rd.
Steel 40’ x’56’ Machine Shed and 2/3 of the floor is concrete. This tract is terraced, with waterways and well drained with pasture land on the north and ample water for livestock. The timber and creek that runs thru this parcel has outstanding wildlife habitat for the avid hunter.
TRACT 5 DESCRIPTION
82.5 Acres M/L – Tillable at 65.02 Acres M/L Access to Tract 5 is along Duensing Rd.
This highly tillable tract is terraced with waterways and contains land on both sides of Duensing Rd. Track 5 is the beginning of the Fischer Farm on the West and corners on the Southwest at HWY KK and Duensing Rd.
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AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION
The sale is subject to the approval of the Probate Division of the Circuit Court of Lafayette County, Missouri Probate Division Case #: 18LF-PR00079-01 THIS AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION (later called the “Agreement”), made and entered into as of this sixteen of November, 2018 by and between Melba Jean Fischer Estate, Roger Fuchs - Personal Representative as Seller and ____________________________________________________________________ _______________________________________________________________________ _______________________________________________ (later called the “Purchaser”), as the highest bidder on the property (as defined in Paragraph 1) at the public auction on this date (the “Auction”), is made subject to the following terms, covenants and conditions: 1. PROPERTY: Seller agrees to sell and Purchaser agrees to purchase tract(s)_______ of real estate situated in Concordia, MO, Lafayette County are more particularly described in Paragraph 3 of this Agreement. Purchaser hereby acknowledges and understands that the Property is being sold on an “as is where is” basis. Purchaser further acknowledges that this Agreement is not contingent upon financing and that failure to close this transaction on or before Wednesday, December 19, 2018 due to any delay caused by Purchaser shall constitute a forfeiture of the Earnest Money. 2. PURCHASE PRICE: Purchaser agrees to pay to the Seller the total sum of _______________________________________________________________________ (the “Purchase Price”). Purchase Price is figured from: _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________. Upon execution of this agreement, the Purchaser will pay by check and not in cash _______________________________________________________________________ (which amount is equal to ten percent (10%) of the Purchase Price as Earnest Money made payable to and to be held in the escrow account of Truman Title Co. Inc., Lexington, MO as escrow agent, there under for delivery to the Seller at the time of closing or as otherwise provided for herein. The balance of the Purchase Price shall be paid by Purchaser to the Seller at closing in cash or form of payment acceptable to the Seller.
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Truman Title, Inc. to the tract description 3. Tract Description: Check the box that corresponds SCHEDULE A - CONTINUED represented with this real estate contract agreement. EXHIBIT "A" TRACT 1: (1112 GORDON STREET, CONCORDIA, MO) LOT 6 IN BLOCK "A" OF UPHAUS ADDITION, AS SHOWN BY THE PLAT FILED IN PLAT BOOK 5, AT PAGE 22, IN THE CITY OF CONCORDIA, LAFAYETTE COUNTY, MISSOURI. TRACT 2: (908 ORANGE STREET, CONCORDIA, MO) LOT 4, AND THE N1/2 OF LOT 5 IN BLOCK "N" OF ORIGINAL TOWN OF CONCORDIA, AS SHOWN BY THE PLAT FILED IN PLAT BOOK 2, AT PAGE 23, IN THE CITY OF CONCORDIA, LAFAYETTE COUNTY, MISSOURI. TRACT 3: (60 ACRE +/- FARM AND HOUSE) THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 NORTH OF THE BASE LINE, RANGE 25 WEST OF THE FIFTH PRINCIPAL MERIDIAN, LAFAYETTE COUNTY, MISSOURI. TRACT 4: (190 ACRE +/- FARM AND BUILDING) THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THE WEST HALF OF THE SOUTHEAST QUARTER; AND THE EAST HALF OF THE SOUTHWEST QUARTER, EXCEPT THE WEST 11 ACRES THEREOF; ALL IN SECTION 13, TOWNSHIP 48 NORTH OF THE BASE LINE RANGE 25 WEST OF THE FIFTH PRINCIPAL MERIDIAN; ALSO, THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER, ALL IN SECTION 13, TOWNSHIP 48 NORTH OF THE BASE LINE, RANGE 25 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN LAFAYETTE COUNTY, MISSOURI. TRACT 5: (82.5 ACRE +/- FARM) THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, ALSO THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, EXCEPT A PIECE IN THE SOUTHWEST CORNER THEREOF IN THE SHAPE OF A PARALLELOGRAM 11 RODS WIDE FROM NORTH TO SOUTH, AND 52 RODS IN LENGTH FROM EAST TO WEST; ALSO 2 1/2 ACRES OFF THE WEST SIDE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, AND ALSO 10 ACRES OFF OF THE NORTH END OF THE FOLLOWING TWO PIECES OF LAND, THAT IS TO SAY, THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24 EXCEPT 2 1/2 ACRES OFF OF THE EAST SIDE THEREOF AND OFF 11 1/2 ACRES AND BEING A STRIP 23 RODS WIDE OFF OF THE EAST SIDE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, ALSO THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13; ALSO 2 1/2 ACRES OFF OF THE WEST SIDE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND 6 ACRES OFF OF THE WEST SIDE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 13, AFTER THE ABOVE 2 1/2 ACRES AND 2 1/2 ACRES OFF OF THE WEST SIDE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, IS FIRST TAKEN OFF OF SAID QUARTER QUARTERS, ALL IN TOWNSHIP 48 NORTH OF THE BASE LINE, RANGE 25 WEST OF THE FIFTH PRINCIPAL MERIDIAN, LAFAYETTE COUNTY, MISSOURI. EXCEPT ALL THAT PART OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 48 NORTH OF THE BASE LINE, RANGE 25 WEST OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE WEST 11 ACRES OF THE EAST HALF OF SAID SOUTHWEST QUARTER SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO DONNIE R. HEMME AND JOAN HEMME, HUSBAND AND WIFE, BY DEED RECORDED IN BOOK 691 AT PAGE 777, IN THE OFFICE OF THE RECORDER OF DEEDS FOR LAFAYETTE COUNTY, MISSOURI; THENCE NORTH ALONG THE EAST LINE OF SAID WEST 11 ACRES, A DISTANCE OF 540 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION A DISTANCE OF 560 FEET TO A POINT; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID WEST 11 ACRES 540 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 13; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER SECTION A DISTANCE OF 560 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PART THEREOF LYING SOUTHERLY OF THE CENTER LINE OF LAFAYETTE COUNTY ROAD NUMBER 332, AS NOW ESTABLISHED, ALL IN LAFAYETTE COUNTY, MISSOURI.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form.
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4. Lead Paint Disclosure for homes represented in Tract 1, Tract 2, and Tract 3. Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller’s Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) ______ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). _______________________________________________________________________________________ (ii) _____ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) Records and reports available to the seller (check (i) or (ii) below): (i) ______ Seller has provided the purchaser with all available records and reports pertaining to leadbased paint and/or lead-based paint hazards in the housing (list documents below). _______________________________________________________________________________________ (ii) _____ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser’s Acknowledgment (initial) (c) ________ Purchaser has received copies of all information listed above. (d) ________ Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (i) _____ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) _____ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent’s Acknowledgment (initial) (f) ________ Agent has informed the seller of the seller’s obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.
__________________________________________________ Seller Date __________________________________________________ Purchaser Date __________________________________________________ Agent Date
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__________________________________________________ Seller Date __________________________________________________ Purchaser Date __________________________________________________ Agent Date
5. TITLE: Seller shall furnish Purchaser with an Owners Title Insurance Commitment (Title Commitment), issued by Truman Title Co., Inc, Lexington, MO within 5 working days of the execution of this agreement. Title insurance premium paid for by the Seller. The Title Commitment shall commit the subject title company to issue Purchaser its standard owner’s policy in the amount of the purchase price, showing title to the Property in the name of the Seller within 5 working days or by Monday, November 26, 2018. The Purchaser has 5 working days from the receipt of the Title Commitment to review and make written objections to the Title Commitment. (See Notices Section 17(e) of this agreement) In the event that the Seller is unable to convey the Property in accordance with the terms of this agreement, Purchaser shall elect to either (a) take the Property encumbered with the objectionable exceptions to the title and waive any and all objections thereto without abatement of the Purchase Price, or (b) receive a refund of the Earnest Money, and upon such refund being made, this Agreement shall terminate and be of no further force and effect. 6. ACREAGE/SURVEY: All legal descriptions and acreage determinations are in place and presented in Section 3 of this agreement. All acreages are approximate and accurate to the best of our ability using assessors maps, measurements, and legal descriptions. The selling price based on the acreage multipliers is final and no future adjustments in sale price will be granted to either the buyer or seller of said acreage or Tracts. Any need for a survey to close this agreement is at the sole discretion of the Seller. Any need for a survey by the Purchaser, to acquire funding or close this agreement will be paid for by the Purchaser. 7. CLOSING AND POSSESSION: The “Closing” shall take place on or before Wednesday, December 19, 2018 at the office of Truman Title Co., Inc. Lexington, MO and at a time designated by the Seller and agreed upon by the Purchaser. Concurrently with the Closing, Purchaser shall pay to the Seller the Purchase Price, less the Earnest Money as provided for herein. Upon full receipt of the entire Purchase Price by Seller, Seller shall deliver to Purchaser special warranty deed from the selling entity conveying title in the property to the Purchaser. Purchaser and Seller shall split 50/50 the charge for recording the Deed. Seller and Purchaser agree to execute any real estate transfer declarations required by the state, county or municipality in which the Property is located. The Seller and Purchaser agree to provide and to execute such further documents as may be necessary or customary to close this Agreement (e.g., Seller Affidavit; FITPTA Affidavit; Organizational documents and closing statement) and pay equally for closing costs. Purchaser shall be entitled to possession of the homes on Tract 1, Tract 2, and Tract 3 on January 31, 2019. The tenant rights will prevail on the farmground on Tract 3, Tract 4, and Track 5 thru December 31, 2021. 8. CASUALTY: Seller will keep the Property and Improvements insured until Closing. If the improvements on the Property are substantially damaged or destroyed by fire or other casualty prior to Closing, then Buyer will have the option of accepting all of the insurance proceeds and proceeding to close this Agreement, or terminating this Agreement. If this Agreement is terminated due to this paragraph then the earnest money will be returned to the Buyer. mike@wheelerauctions.com
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9. WARRANTIES: Purchaser acknowledges that Purchaser has been given an opportunity for a full inspection of the property and related information and further acknowledges with respect to this agreement that Purchaser is satisfied in all respects with the condition of the Property and all matters pertaining thereto. Purchaser accepts the Property “as is” and in its present condition with Purchaser assuming risk thereof. Purchaser understands that Seller makes no warranty or representation of any kind, either implied or expressed or arising by particular purpose of the Property or any portion thereof, and in no event shall Seller be liable for consequential damages. Purchaser acknowledges that Seller has not agreed to perform any work on or about the Property as a condition of Purchaser’s purchase of it. 10. MINERAL RIGHTS: One hundred percent (100%) of the mineral rights owned by Seller with respect to the Property, if any, shall be conveyed to Purchaser at Closing. 11. REAL ESTATE TAXES AND ASSESSMENTS: Real Estate taxes for the calendar year 2018 shall be paid by the Seller. Purchaser shall assume and pay real estate taxes for the Property for all periods thereafter. 12. DEFAULT: If Purchaser fails to perform any obligation imposed by this Agreement, Seller may serve written notice of default upon Purchaser and if such default is not corrected within ten (10) days thereafter, then, at the option of the Seller, this Agreement shall terminate and the Seller shall be entitled to retain the Earnest Money paid hereunder as liquidated damages. The foregoing remedy in the event of default is not intended to be the exclusive remedy of Seller, and Seller shall have the right to seek any other remedies available at law or equity, including but not limited to specific performance. Default by Purchaser shall entitle Seller to court costs and reasonable attorney’s fees incurred in enforcing the provision of this Agreement. In the event of failure of Seller to perform the obligations imposed by this Agreement, Purchaser’s sole remedy hereunder is to terminate this Agreement and receive a refund of the Earnest Money upon similar notice served upon Seller and similar expiration time period. The Escrow Agent, upon receiving an affidavit from the non-defaulting party stating that this Agreement has been terminated as provided herein, shall be entitled to rely upon such affidavit and shall deliver the earnest money to the non-defaulting party. 13. ENVIRONMENTAL: The Purchaser acknowledges that the Seller has not made and hereby disclaims any and all representations and warranties, either express or implied, regarding the environmental condition of the Property. The Purchaser shall rely upon its own independent investigation, inspection, inquiry, analysis, and due diligence to evacuate and ascertain the environmental condition of the Property. The Purchaser has been advised that the Property is being sold “as is, where is” and that Seller is not representing or warranting that the condition of the Property is in accordance or compliance with any past, present, or future federal, state or local environmental laws, regulations, requirements, or standards. 20
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The Seller does not warrant or represent that the property is free of environmental hazards and that Purchaser takes the property “as is” and bears its own risk. Seller makes it a practice to expressly advise any purchaser that the improvements on the Property include materials, which may contain asbestos, and encourages Purchaser to investigate specifically whether asbestos and/or lead paint containing materials exist on the Property. 14. PROVISIONS RELATING SPECIALLY TO SELLER/TRUST/ TRUSTEES/ EXECUTOR AND THEIR RESPECTIVE SPECIAL CIRCUMSTANCES: Trustee/ Executor Disclaimer. Each fiduciary comprising Seller executes this instrument only in its representative capacity and shall not be bound or obligated hereunder except in such capacity. Purchaser acknowledges and agrees that this Agreement is made by such fiduciaries solely in their fiduciary capacity as described in the signatures affixed hereto, and that such fiduciaries shall not be liable for any breach or any failure to perform any obligation under this Agreement except from assets held in the fiduciary capacity described. 15. PROVISIONS RELATING TO THE AUCTION COMPANY/ AUCTIONEER/BROKERS/ FINDERS/AGENTS: (a) This Agreement is solely between Seller and Purchaser. Wheeler Auctions & Real Estate, L.L.C. (the “Auction Company”) and its licensed auctioneers are employed by the Seller. The Auction Company and its auctioneers shall not be liable for any patent or latent defects or deficiencies existing in the Property, improvements or other appurtenant structures thereon, nor for any information provided to the Purchaser. The Purchaser acknowledges that it has conducted its own independent investigations, inspections, inquiries and due diligence concerning the Property. (b) Commission. Notwithstanding any other provisions of this Agreement, the right to commission, if any, payable to any agent representing either party to this Agreement shall not vest until the transaction is closed, and shall be payable only out of proceeds of closing and said agent shall have equal right to any portion of Earnest Money forfeitures. If Purchaser goes through a real estate agent, the Purchaser is responsible for all real estate agent brokage fees. 16. IRS 1031 TAX EXCHANGE DECLARATION (Optional): It is agreed between the Purchaser and Seller that a material part of the consideration to the Purchaser for purchasing is that the Purchaser has the option to qualify this transaction as part of a tax-deferred exchange under Section 1031 of the Internal Revenue Code of 1986 as amended. Seller agree that Purchaser may assign this Agreement to an exchange intermediary of Purchaser choice. Purchaser agrees that any and all additional expense, if any, shall be borne by Purchaser and Seller agree to fully cooperate to complete the exchange. Seller hereunder desires to exchange, for other property of like kind and qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended and the Regulations promulgated there under, fee title in the property which is the subject of this Contract. Seller expressly reserves the right to assign its rights, but not its obligations, hereunder to a Qualified Intermediary as provided in IRC Reg. 1.1031(k)-1(g) (4) on or before the closing date. mike@wheelerauctions.com 21
17. MISCELLANEOUS: (a) Jurisdiction. This agreement shall be construed in accordance with the laws of the State of Missouri. Any provision of this Agreement which is unenforceable or invalid, or the inclusion of which would affect the validity, legality, or enforcement of this Agreement shall be of no effect, but all the remaining provisions of the Agreement shall remain in full force and effect. (b) Entire Agreement. This Agreement contains the entire agreement of the parties and no representations, warranties or agreements have been made by either of the parties except as set forth in this Agreement. (c) Heirs, Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the Seller and Purchaser and their respective heirs, successors, and permitted assigns, provided, however, that Purchaser may not assign its rights or obligations hereunder without the prior written consent of the Seller. (d) Time is Of the Essence. The time for performance of the obligations of this Agreement is of the essence. (e) Notice. All notices shall be in writing and shall be deemed to have been properly delivered as of the time of delivery if personally delivered or as of the time deposited in the mail systems if sent by United States certified mail, return receipt requested, and postage prepaid. Seller: Roger Fuchs, Personal Representative 309 Sandia Drive Concordia, MO 64020 Purchaser: ______________________________________________________________ _______________________________________________________________________ 18. FSA/NRCS: Seller is obligated to maintain (if any) the current FSA Program and Basis on the above listed real estate. Buyer agrees to the division of FSA Program data as a percent of cropland acres per tract. Buyer assumes the responsibility of any and all FSA or NRCS Programs currently in place. Buyer will be required to maintain and comply with FSA regulations of the CRP contract. 19. Tenant Rights: Present tenant’s rights prevail. Tenant rights for the farm ground on Tract 3, Tract 4, and Tract 5 prevail through December 31, 2021. Tenants in possession pursuant to lease. Purchaser has had an opportunity to review the existing lease. The Purchaser has not relied on any legal advice from Seller, Auction Company, or Auctioneers. The tenants residing in the homes on Tract 1, Tract 2, and Tract 3 have prevailing tenant rights until January 31, 2019. 20. SPECIAL AGREEMENTS (if any): Possession will be granted at closing. All property, homes, and farmsteads sell as is-where is. 22
The sale is subject to the approval of the Probate Division of the Circuit Court of Lafayette County, Missouri www.wheelerauctions.com
IN WITNESS WHEREOF, the parties have executed this Agreement in three counterparts, each of which shall be deemed an original instrument, as of the day, month and year first above written.
SELLER:
PURCHASER:
Melba Jean Fischer Estate Roger Fuchs, Personal Representative 309 Sandia Drive Concordia, MO 64020
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____________________________ ____________________________ ____________________________ Address _____________________
Jill Harriman Lilleman Attorney for the Estate 171 S Ellsworth Ave Marshall, MO 65340 P: (660) 831-0300
____________________________ ____________________________ City, State, Zip ________________ ____________________________ ____________________________
Date ________________________ Truman Title Company., Inc 545 South 13 Highway Lexington, MO P: 660-259-4631 F: 660-259-3142 Amber Taylor ataylor@trumantitle.com
Phone _______________________ Email ________________________ Lender Contact ________________ ____________________________ ____________________________
mike@wheelerauctions.com
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