LAFAYETTE COUNTY LAND SALE STEWART CENTURY FARMS LLC Jim Stewart 799.68 Tract 1 - 159.17 Acres S U R VEYED FSA Tillable @ 140.86 Acres – NE Parcel of ACRES Home Place along Cole LN. SELLING Tract 2 - 364.37 Acres A B SOLUTE! FSA Tillable @ 301.95 Acres – Home Place Parcel along HWY Rt. O
Tract 3 - 70.63 Acres FSA Tillable @ 56.23 Acres – Wabash LN. Parcel
Tract 4 - 205.51 Acres
FSA Tillable @ 150.74 acres –Napoleon Parcel at end of Twin Oaks LN.
family e h t In ears y 8 1 1
10:00 A.M., Friday, November 1, 2019 Sale Location: Moose Lodge 2501 Main St., Lexington. MO 64067 Sellers: James H. Stewart Revocable Trust and Stewart Century Farms LLC Kay F. Ehlert Trustee, Dennis Stewart and Diane Kintner 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 Terms & Condition ..................................................................................................6 Tract 1 and 2 Description ....................................................................................................7-8 Plat Map .........................................................................................................8 Assessors Map & Survey..............................................................................9 FSA Map & Crop History...............................................................................10 Soil Map .........................................................................................................11 Photo Gallery.................................................................................................12-13 Tract 3 Description ....................................................................................................14 Plat Map .........................................................................................................15 Assessors Map, Survey, & Crop History.....................................................16 FSA & Soil Map..............................................................................................17 Photo Gallery.................................................................................................18 Tract 4 Description.....................................................................................................19 Plat Map..........................................................................................................20 Assessors Map & Survey..............................................................................21 FSA Map & Crop History...............................................................................22 Soil Map .........................................................................................................23 Photo Gallery.................................................................................................24 Contract ...................................................................................................................25-29
Coal mine on Tract 2 Tract 1 frontage along Coal Lane
Stocked lake and recreation in Tract 2
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STEWART CENTURY FARMS LLC. Jim and Frances Stewart
It’s indeed an honor and privilege to be associated with the Stewart Family in the liquidation of 799.68 surveyed acres of Stewart Century Farms LLC. Jim and Frances were well known in the communities around these three farms for their diversified farming practices, John Deere loyalty, helping youth thru 4-H and FFA, as well as their devotion to all their Family and friends. These farms were well cared for by Jim when he was still actively farming and by the tenants once he passed on the duties of actually planting and harvesting the crops. This prospectus will detail the auction information as well as each farms characteristic we hope will be helpful to you as you make decisions on your interest in purchasing all or part of these Lafayette County Stewart Century Farms LLC. We hope you will be with us at the Moose Lodge in Lexington on the morning of Friday, November 1, 2019 to visit with the Stewart Family and exercise your option to purchase outstanding Lafayette County Land. Chas and Mike
Feel free to view this farm at your leisure. 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 Sale Date: Friday, November 1, 2019 at 10:00 A.M. Sale Location: Moose Lodge, 2510 Main St., Lexington, MO 64067 Farm Location: Each Farm or Tract location is described on each individual Tract Description on our website or in this prospectus. Method of Auction: The land will sell as CHOICE TRACTS by the dollar per acre value. The surveyed acres in each tract will be the multiplier used to determine the final selling price of each individual tract. The winning bidder can choose any individual tract or multiple tracts. Once the auctioneer says sold and a tract or tracts are selected, it will be considered sold and we will not reopen the bidding on that tract. The auctioneer may take as many recesses in the bidding process as he sees fit to consummate the land sale. PROPERTY SELLS ABSOLUTE. 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: Will be granted at closing or when the 2019 crops are harvested. Tenant: There is no tenant agreement in place for the 2020 crop year. The current tenants would like to submit a proposal to the new buyer to continue farming this land in the event that a non-farmer entity purchases the ground. Other farmers in the area would like to rent this ground as well. Showing: Feel free to inspect the property at your leisure once the crops are harvested or when the ground is dry or frozen. A drone aerial video is available on our website and will be helpful for viewing these farms. The home and buildings on Tract 2 will be shown by appointment only. Contact Mike Williams, 816-797-5450 Taxes: The Taxes for each farm or tract are presented in the individual Tract Descriptions. Utilities: The utility information for each farm or tract is in the Individual Tract Description. Schools: The School information for each farm or tract is in the Individual Tract Description. 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. Real Estate Taxes: The 2019 taxes are paid by the seller. The new buyer shall be responsible for 2020 taxes and all periods thereafter. Acreage/Survey: All four Tracts offered in the auction have been surveyed and all tracts will be sold by the dollar per acre amount times the surveyed acres in the tract to determine the final selling price. Mineral Rights: The sale of the property shall include 100 % of the mineral rights owned by the seller. The Mineral Rights to Coal is owned by Western Coal and Mining Company. Easements: Sale of the property is subject to any and all easements of record. Closing: The closing date shall be on or before Monday, December 2, 2019. Conducted at the office of Truman Title Co., Inc., Lexington, MO. The closing date will be strictly adhered to in order for the James Stewart Estate to be finalized in the 2019 calendar year. 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 surveyed. 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.
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TRACT 1 & 2 HOME PLACE DESCRIPTION T50N – R27W – SECTIONS 22 & 23
TRACT 1 – 159.17 Acres – FSA Tillable @ 140.86 Acres. The North side of the farm accessed from Cole LN. TRACT 2 – 364.37 Acres - FSA Tillable @ 301.95 Acres. The Southern portion of the farm, main entrance, accessed from Hwy Rt. O Location: Tract 1 is located 1½ miles South of Lexington, MO on Hwy Rt. O then .6 mile East on Cole Ln Tract 2 is located 2 Miles South of Lexington, MO on State Hwy Rt. O. Taxes: The total 2018 Property Tax for the Home Place, both tracts 1 & 2, - $3892.87. With the pending possible separation of the home place new tax assessments will be established for 2020. The tax assessment includes a Sni-A-Bar watershed tax of $63.06 and a Tabo watershed tax of $70.94, as each tract has a government constructed watershed lake on it. 2019 Taxes will be paid by the sellers. 2020 Taxes and beyond will be the responsibility of the new buyer. Utilities: West Central Electric with meter and power to Tract 2. West Central Utilities run along Cole LN. to Tract 1 however there is no service on Tract 1. Lafayette Co. Rural Water District #2 is on Rt. O and serves Tract 2 and it runs along Cole LN. However there is no water service on Tract 1. Schools: Lexington R-5 School District The farm road in the center of the property is the south border of Tract 1, and the center of a waterway thru the center of the lake on the east property line is its East border. The stocked lake will serve as drainage reservoir and recreational water for both Tract 1 and Tract 2. The farmstead on Tract 2 will contain all the buildings; the two working 27 foot grain bins that hold over 9000 bushel. They both have fans and unloading floor augers and the South bin includes stirrer augers. Grain bins will likely store some of the 2019 crop and the current tenant has full rights to those bins until they have moved the 2019 grain that is stored there. Any stored grain will likely be moved before closing. An abandon Coal/Shale site encompassing approximately 10 acres sets in the middle of Tract 2. This area does have mineral rights owned by Western Coal and Mining Company. To the best of family members memory, this shale pile was abandon more than 60 years ago however there are abundant shale deposits that could be and have been used by the owner of the property for farm road or base material. The shale pile is tree and brush covered and with the timbered draw offers some hunting recreation possibilities. A large well stocked lake lies in the Southwest corner of Tract 2 and is a key component of the drainage and recreational quality of this farm. A stocked lake spolits Tract 1 on the North and Tract 2 on the South. The dam and East side of the lake is on the Herbert Amor Trust property, thus making it a shared structure.
The Tract 1 comes in at 88% tillable and Tract 2 at 82% tillable acres.
These two tracts lie contiguously with gently rolling drainage, large fields and fertile Lafayette County soil, making the Stewart Home Place one of the most intriguing land auctions of 2019. mike@wheelerauctions.com
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HOME DESCRIPTION ON TRACT 2
The 1 story 1543 sq.ft. Home, with a full finished basement, offers 3086 sq.ft. of living space. A 21’ x 22’ two car garage is attached to the beautiful well-kept home with mature trees and ample shade in the yard. A sun room, 1 bedroom, full bath with shower, living room, dining room, kitchen, and hall entrance laundry room and half bath, round out the main floor. Downstairs offers 3 bedrooms and a full shower stall bath. Central air and propane furnace heat accommodate the home. The propane tank at the house stays with the property. The machine shed just east of the home is 50’ x 50’ and the machine shed just north of the home is 40’ x 72’ with an additional 14’ x 20’ and 24’ x 24’storage shed and shop. Two additional machine sheds are on the farm road to the East. A well-built slatted hog finishing floor with a pit lagoon is currently used for storage and has not had hogs in it for over 20 years.
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This farmstead setting is very attractive, functional and well maintained.
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TRACT 1 & 2 ASSESSORS MAP
Tract 1
Tract 2
TRACT 1 & 2 SURVEY
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FSA MAP TRACT 1 159.17 Surveyed Acres FSA Tillable @ 140.86 Acres
Tract 1
Tract 2 TRACT 2 364.37 Surveyed Acres FSA Tillable @ 301.95 Acres
CROP HISTORY
2016 Corn @ 191.53 bu/ac 2016 Beans @ 59.9 bu/ac 2017 Corn @ 223.12 bu/ac 2017 Beans @ 65.05 bu/ac
2018 Corn @ 130.08 bu/ac 2018 Beans @ 43.55 bu/ac 2018 Wheat @ 57.95 bu/ac 2019 crop yields on the website as they come available.
Crop election choice ARC for Soybeans and PLC for Wheat and Corn. 10
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SOIL MAP TRACT 1 AND 2 Soils Map
State: County: Location: Township: Acres: Date:
Missouri Lafayette 22-50N-27W Lexington 515.93 5/16/2019
Soils data provided by USDA and NRCS.
Area Symbol: MO107, Soil Area Version: 19 Area Symbol: MO107, Soil Area Version: 19 Code
Soil Description
Acres
Percent of field
NonIrr Class Legend
Non Alfalfa Caucasian Irr hay bluestem Class *c
Common bermudagrass
Orchardgrass red clover
Tall Warm fescue season grasses
Orchardgrass red clover hay
*n NCCPI Soybeans
10094 Marshall silt loam, 5 to 9 percent slopes, eroded
194.09
37.6%
IIIe
7
8
7
7
7
8
57
10098 Marshall silty clay loam, 2 to 5 percent slopes
159.45
30.9%
IIe
74
10026 Higginsville silt loam, 5 to 9 percent slopes
65.87
12.8%
IIIe
7
8
7
7
7
8
80
10027 Higginsville silt loam, 5 to 9 percent slopes, eroded
56.31
10.9%
IIIe
7
8
7
7
7
8
63
13504 Blackoar and Otter silt loams, 0 to 2 percent slopes, occasionally flooded
11.36
2.2%
IIIw
8
7
8
10
59
99000 Pits, quarry
10.74
2.1%
VIII
0
7.21
1.4%
IIIw
7
4
8
10
3
67
13621 Blackoar and Otter silt loams, 1 to 3 percent slopes and frequently flooded soils
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TRACT 1 PHOTO GALLERY
Tract 1 and Tract 2 are divided by the farm lane
Tract 1 access along Cole Ln.
TRACT 2 PHOTO GALLERY
Waterway drainage pipe 12
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Approximately 5 foot and 3 foot difference along the South Tract 2 fenceline discrepancy with the actual survey and permanent fence. No tillable acres are effected.
9000+ bushel grain bins with working fans
Approximately 10 acres constitute an area of shale and coal that were mined by Western Coal & Mining Company
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TRACT 2 PHOTO GALLERY
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TRACT 3 WABASH LANE DESCRIPTION T50N – R26W – SECTION 18 AND T50N – R27W – SECTION 13 TRACT 3 – 70.63 Surveyed Acres – FSA @ 56.23 Tillable Acres Location: From Lexington, Go South on Business 13 HWY to Rt. E, go South on Rt. E 2 miles to Young School Road. Go ½ mile SE on Young School Rd. to Wabash LN and go North ½ mile to the property. Wabash LN dead ends at the property which is on your right and north on the farm lane. OR South on Burns School Road 2 ½ mile from HWY 13, to Young School Rd, West ½ mile to Wabash LN and ½ mile North on Wabash LN. Taxes: 2018 taxes were $161.49. Seller will pay the 2019 taxes and the new buyer will be responsible for the 2020 taxes and beyond. Utilities: West Central Electric services Wabash LN but there is no utility electric service to the property. Water: Lafayette County Rural Water District #2 services Wabash LN but there is no rural water meter or line to the property. Schools: Lafayette County C-1 School District in Higginsville
The Tract 3 Parcel contains 44.86 acres of terraced crop ground and 11.37 acres of pasture. An older cattle barn and corral are on the pasture ground.
The combination of crop ground and pasture makes this a 79% tillable tract.
The balance is in timber, waterway and wooded fence line. The north end and the west property line is bordered with trees and Garrison Creek which is suitable for excellent Deer hunting with quality deer being harvested yearly along the creek. There is no tenant agreement in place for 2020 for the crop ground or pasture, however the current crop tenant has tenant rights until the 2019 crop is harvested and the pasture tenant has pasture rights thru December 31, 2019. Feel free to view this farm at your leisure once the crop is harvested and the road/ground is dry. Please stay out of the pasture if cattle are present. A drone aerial video is available on the Wheeler Auctions web-site.
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PLAT MAP
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TRACT 3 ASSESSORS MAP
CROP HISTORY
2016 Corn @ 179.25 bu/ac 2017 Beans @ 50.84 bu/ac 2018 Corn @ 136.93 bu/ac
2019 crop yields on the website as they come available Crop election choice ARC for Soybeans and PLC for Wheat and Corn.
TRACT 3 SURVEY
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SOIL & FSA MAP TRACT 3 70.63 Surveyed Acres FSA @ 56.23 Tillable Acres
Soils Map
Soils Map
Missouri Lafayette 18-50N-26W Lexington 70.47 5/16/2019
State: County: Location: Township: Acres: Date:
Soils data by provided byNRCS. USDA Soils data provided USDA and
Area Symbol: MO107, Soil Area Version: 19 Area Symbol: MO107, Soil Area Version: 19 Soil Description
Code
Soil Description
10028 Higginsville silt loam, 9 to 14 percent slopes, eroded
Acres Percent of field
28.53
NonIrr Class Acres Legend
40.5%
1009410028 Marshall silt loam, 5 to 9 14.74 20.9% Higginsville silt loam, 9 to 14 percent slopes, eroded percent slopes, eroded
Non
Common
Irr bermudagrass Percent NonIrr Class of field Class *c Legend IVe
28.53
IIIe 40.5%
13504 Blackoar and Otter silt loams, 10.59 15.0% 10094 Marshall silt loam, 5 to 9 0 to 2 percent slopes, occasionally flooded percent slopes, eroded
14.74
20.9%
10144 Bendena silty clay loam, 14 6.21 8.8% 13504 Blackoar and Otter silt loams, to 25 percent slopes
10.59
15.0%
10098
0 to 2 percent slopes, Marshall silty clay loam, 2 to 5.54 occasionally flooded 5 percent slopes
7.9%
1009610144 Marshall silt loam, 9 to 14 4.60 6.5% Bendena silty clay loam, 14 percent slopes, eroded to 25 percent slopes
6.21
8
VIIs
IIIw
1
2
IIe
IVe
7
IVe
Weighted Average
6
7.9% 6.5%
10097 Marshall silt loam, 9 to 14 0.20 0.3% percent slopes, severely eroded *c: Using Capabilities Class Dominant Condition Aggregation Method
*n: The aggregation method is "Weighted Average using major components"
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IIIw
IIIe
0.06
0.1%
7 VIIs
8
7
8
5
8
4.9
5.6
IIe
IVe
bluestem
7
7 7 8
7 7
7 7
7 7
7 7
8 5.8
1 7 7
7
8
7
8
8
10
1
2
7
8
7
8
7
8
6.1
7.1
Tall Warm fescue season grasses
red clover 56
8 8
57 59
10
*n NCCPI Soybeans
7
7
8
56
7
7
8
57
7
8
10
59
1
2
10
74
7
7
8
54
7
7
8
42
74
2 8 8
54 42
53 *n 53.8
IVe
7
5
8
8
7
8
53
Weighted Average
6
4.9
5.6
5.8
6.1
7.1
*n 53.8
*n: The aggregation method is "Weighted Average using major components"
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hay
8 8
7
4.60
bermudagrass
7 IVe
IVe
30181 Polo silt loam, 9 to 14 0.06 0.1% 10096 Marshall silt loam, 9 to 14 percent slopes, eroded
30181 Polo silt loam, 9 to 14 percent slopes, eroded
7
7
5.54
percent slopes, eroded
Alfalfa Caucasian Orchardgrass Tall Warm *n NCCPI bluestem fescue season Soybeans Common red clover Alfalfa Caucasian Orchardgrass grasses
hay Non Irr Class 7 7 *c
IVe 8.8%
10097 Marshall silt loam, 9 to 14 0.20 0.3% 10098 Marshall silty clay loam, 2 to percent slopes, severely eroded 5 percent slopes
Soils data provided by USDA and NRCS.
Missouri Lafayette 18-50N-26W Lexington 70.47 5/16/2019
and NRCS.
Area Symbol: MO107, Soil Area Version: 19 Area Symbol: MO107, Soil Area Version: 19 Code
State: County: Location: Township: Acres: Date:
*c: Using Capabilities Class Dominant Condition Aggregation Method
TRACT 3 PHOTO GALLERY
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TRACT 3 PHOTO GALLERY
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TRACT 4 NAPOLEON PARCEL LAND DESCRIPTION T50N – R29W – SECTION 36 AND T49N – R29W – SECTION 1 TRACT 4 – 205.51 Surveyed Acres –FSA @ 150.74 Tillable Acres
146.28 acres are currently in Row Crops and 4.46 acres is in Grass. The balance is in grass strips, and Timber along the Sni-A-Bar Creek. Location: From Napoleon, MO go South 1 ½ miles on HWY D to Blue Valley Dr. Go East on Blue Valley Dr. 2 miles to Twin Oaks LN and go ½ mile South to the property. OR, Go south from HWY 24 on Sni-A-Bar Rd. 1.3 miles to Blue Valley Dr., then go West on Blue Valley Dr. ½ mile to Twin Oaks LN and South on Twin Oaks ½ mile to property. Taxes: 2018 taxes were $719.06. Seller will pay the 2019 taxes and the new buyer will be responsible for the 2020 taxes and beyond. Utilities: West Central Electric Utilities service is on Twin Oaks LN but there is no meter or electric service to the property. Water: Lafayette County Rural Water District #1, Odessa, MO, service has a line on Twin Oaks LN. However no lines or meter is at the property. School: Wellington-Napoleon R-9 School District
The Napoleon Farm offers a combination of fertile Lafayette County soil and access to one of the great hunting and fishing tributaries in Lafayette County and Missouri. The Sni is well known for big deer and abundant turkeys as well as small game for hunting or trapping. The Napoleon farm offers diverse landscape of both terraced and well drained hill ground and bottom ground that can be prone to some flooding. The soil is very rich and high yields are truly capable of coming to fruition, but in a wet spring such as we had in 2019 the timing of planting and how you handle the approximately 60 acres that border the Sni and the small creek that borders the west side of the farm is critical to your success and production levels. A solid based low water crossing in the Southwest corner of the farm allows access to the nearly 12 acre field in the Southwest corner of the farm and like any water crossing it requires periodic maintenance. It is noted that a new crossing needs to be installed up the draw that runs on the west side of the farm, to conveniently access 9 acres of the 40 acre section of tillable farm ground in the Northwest corner of the farm. The hill ground is very fertile and easily farmed and these distinct features of Soil Quality, The Sni-ABar Creek, and Hunting make this a captivating farm.
This tract comes in at 72% tillable.
This farm is terraced with some tile and yields with all top tier ground in Lafayette County. mike@wheelerauctions.com
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PLAT MAP
Low water crossing to the Southwest field
The blue lines represent 7500 feet of seep tile installed in 2015. An additional tiling was done in 2017 on the Southwest corner of the farm across the low water crossing.
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ASSESSORS MAP
SURVEY
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FSA MAP TRACT 4 205.51 Surveyed Acres FSA @ 150.74 Tillable Acres
CROP HISTORY
2016 Corn @ 205.0 bu/ac 2016 Beans @ 37.0 bu/ac
2018 Corn @ 178.0 bu/ac 2018 Beans @ 52.0 bu/ac
2017 Corn @ 129.0 bu/ac 2017 Beans @ 63.0 bu/ac
2019 crop yields on the website as they come available.
Crop election choice ARC for Soybeans and PLC for Corn. 24
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SOIL MAP Soils Map
State: County: Location: Township: Acres: Date:
Missouri Lafayette 1-49N-29W Clay 208.41 5/16/2019
Soils data provided by USDA and NRCS.
Area Symbol: MO107, Soil Area Version: 19 Area Symbol: MO107, Soil Area Version: 19 Code
Soil Description
Acres Percent of field
NonIrr Class Legend
NonIrr Corn Grass Class *c legume hay
Grass legume pasture
Soybeans
Wheat *n NCCPI Soybeans
13504 Blackoar and Otter silt loams, 0 to 2 percent slopes, occasionally flooded
49.60
23.8%
IIIw
59
36020 Kennebec silt loam, 0 to 2 percent slopes, occasionally flooded
36.61
17.6%
IIw
73
10098 Marshall silty clay loam, 2 to 5 percent slopes
27.37
13.1%
IIe
74
13510 Colo silty clay loam, heavy till, 0 to 2 percent slopes, occasionally flooded
22.11
10.6%
IIw
81
10028 Higginsville silt loam, 9 to 14 percent slopes, eroded
18.47
8.9%
IVe
56
10094 Marshall silt loam, 5 to 9 percent slopes, eroded
13.45
6.5%
IIIe
57
60031 Winfield silt loam, 9 to 14 percent slopes, eroded
12.97
6.2%
VIe
58
10027 Higginsville silt loam, 5 to 9 percent slopes, eroded
8.30
4.0%
IIIe
63
13621 Blackoar and Otter silt loams, 1 to 3 percent slopes and frequently flooded soils
6.61
3.2%
IIIw
67
99001 Water
6.49
3.1%
VIII
0
60244 Winfield silt loam, 5 to 10 percent slopes, eroded
4.39
2.1%
IIIe
132
4.1
6.8
40
52
62
10077 Macksburg silt loam, 0 to 5 percent slopes
2.04
1.0%
IIe
70
Weighted Average
2.8
0.1
0.1
0.8
1.1
*n 64.1
*n: The aggregation method is "Weighted Average using major components" *c: Using Capabilities Class Dominant Condition Aggregation Method Soils data provided by USDA and NRCS.
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TRACT 4 PHOTO GALLERY
Pictures of the growing crops are not available as access across the property is limited during the growing season
A new access will be needed for the Northwest corner of the farm
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Tremendous wildlife and hunting along the Sni-A-Bar Creek
AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION THIS AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION (later called the “Agreement”), made and entered into as of this first day of November, 2019 by and between Stewart Century Farms LLC., and James H. Stewart Revocable Trust, Kay F. Ehlert Trustee, and Dennis Stewart, and Diane Kintner 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 _______ consisting of _________ surveyed acres of real estate situated in Lafayette County, Missouri. Purchaser hereby acknowledges and understands that the Property is being sold on an “as is where is” basis. Purchaser further acknowledge that this Agreement is not contingent upon financing and that failure to close this transaction on or before Monday, December 2, 2019 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. 3. TITLE: Seller shall furnish Purchaser with an Owners Title Insurance Commitment (Title Commitment), issued by Truman Title Co., Inc, Lexington, MO. Title insurance premium paid for by the sellers. 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. 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. 4. SURVEY/ACREAGE: Sale of the property will be based on surveyed acres in each tract.
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5. CLOSING AND POSSESSION: The “Closing” shall take place on or before Monday, December 2, 2019, at the office of Truman Title Co. Inc., Lexington, Missouri, and at a time designated by the Seller and agreed upon by Purchaser. This closing date will be strictly adhered to. 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 deeds from each selling entity conveying title in the property to the Purchaser. 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). Purchaser shall be entitled to possession of the property immediately following the sale. The purchaser and seller will split the charges for closing costs and conveying the deed. 6. 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. 7. 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. 8. 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. 9. REAL ESTATE TAXES AND ASSESSMENTS: Real Estate taxes for the calendar year 2019 are paid by the seller. Purchaser shall assume and pay real estate taxes for the Property for 2020 and all periods thereafter. 10. 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 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.
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The foregoing remedy in the event of default is not intended to be the exclusive remedy of Purchaser, and Purchaser shall have the right to seek any other remedies available at law or equity, including but not limited to specific performance. Default by Seller shall entitle Purchaser to court costs and reasonable attorney’s fees incurred in enforcing the provision of this Agreement. 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. 11. 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. As a matter of policy, Seller makes it a practice to expressly advise any purchaser that the improvements on the Property include materials, which may contain asbestos and/or lead paint, and encourages Purchaser to investigate specifically whether asbestos containing materials exist on the Property. 12. 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. 13. 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. 14. IRS 1031 TAX EXCHANGE DECLARATION (Optional): It is agreed between the purchaser(s) and seller(s) that a material part of the consideration to the Purchasers 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. Sellers agree that Purchaser may assign this Agreement to an exchange intermediary of Purchasers choice. Purchaser agrees that any and all additional expense, if any, shall be borne by Purchaser and Sellers agree to fully cooperate to complete the exchange. mike@wheelerauctions.com
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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. 15. 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. 16. 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 contracts if any. This farm currently has no CRP contracts. 17. Tenant Rights: Present tenant’s rights prevail if any. 18. SPECIAL AGREEMENTS (if any): No tenant agreements are in place for 2020. Possession will be granted at closing or when the 2019 crops have been harvested. The home on Tract 2 sells as is-where is. The sale of the property shall include 100% of the mineral rights owned by the seller. The Mineral Rights to Coal on Tract 2 is owned by Western Coal and Mining Company.
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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:
Stewart Century Farms LLC James H. Stewart Revocable Trust
____________________________
Kay F. Ehlert, Trustee 11138 Marshall School Rd. Lexington, MO 64067 alert@iland.net ____________________________
____________________________ ____________________________ ____________________________ Address _ ____________________
Dennis Stewart
____________________________
____________________________
____________________________ City, State, Zip _ _______________
Diane Kintner ____________________________
____________________________ ____________________________ Phone _______________________ Email ________________________ Lender Contact ________________
Date _ _______________________ Truman Title Company , Inc. 1511 Main St. Lexington, MO 64067 Phone: 660-259-4631 Fax 660-259-3142 ewilliams@trumantitle.com
____________________________ ____________________________
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