Curt Marshall, Terry Zimmer & Brian Rose of United Country - Crossroads Auction & Realty of Salina, Kansas a along with Virgil George of Rocking X Land Company in Burlington, Colorado are offering at public auction 850 Acres of Hunting Land, Farmland & Pasture including 1-Mile of the Saline River in Ellis County, Kansas. This land is located 14.5-miles northwest of Hays, Kansas. This land features 376 acres of CRP, 23 acres of farmland, and 451 acres of pasture, timber & waterways for a total of 850 acres. All Seller owned Mineral Rights will be reserved by the Sellers. This land is owned by Frisbie Investments, LP and it has been maintained by the same tenant for 50+ years. The tenants written lease expires on April 30th, 2019, so possession of the land will be on May 1st, 2019. The Buyer will receive the 2019 CRP Payments. This property will sell subject to seller's confirmation.
AUCTION DATE: Tuesday, March 26th, 2019 at 7:00pm CST
AUCTION LOCATION: Holiday Inn Express, 4650 Roth Ave., Hays, KS 67601
SELLER: Frisbie Investments, LP
LEGAL ADDRESS: A portion of Sections Seventeen (17) and Eighteen (18}, Township Eleven (11) South, Range Eighteen (18) West of the 6th P.M., Ellis County, Kansas, being more particularly described as follows:
Beginning at the Northeast comer of said Section 17; Thence on the East line of said Section 17, South 00 degrees 16 minutes 58 seconds West a distance of 2654.86 feet to the East Quarter comer of said Section 17; Thence continuing on said East line, South 00 degrees 07 minutes 55 seconds East a distance of 674.77 feet to the point of intersection of said East line and a fence line running Westerly; Thence following said fence, South 82 degrees 25 minutes 47 seconds West a distance of 1034.03 feet; Thence continuing along said fence, South 77 degrees 51 minutes 35 seconds West a distance of 1319.58 feet; Thence continuing along said fence, South 73 degrees 50 minutes 26 seconds West a distance of 482.76 feet Thence North 79 degrees 09 minutes 23 seconds West a distance of 1181.62 feet to a fence line running Westerly; Thence following said fence, North 81 degrees 12 minutes 29 seconds West a distance of 148.81 feet; Thence continuing along said fence, North 78 degrees 49 minutes 33 seconds West a distance of 718.19 feet; Thence continuing along said fence, North 82 degrees 36 minutes 09 seconds West a distance of 234.50 feet; Thence continuing along said fence, North 86 degrees 18 minutes 46 seconds West a distance of 194.30 feet Thence continuing along said fence, North 89 degrees 32 minutes 43 seconds West a distance of 241.56 feet Thence continuing along said fence, South 87 degrees 56 minutes 26 seconds West a distance of 452.43 feet; Thence continuing along said fence, South 89 degrees 14 minutes 42 seconds West a distance of 496.32 feet; Thence continuing along said fence, South 89 degrees 43 minutes 56 seconds West a distance of 112.71 feet; Thence South 10 degrees 23 minutes 28 seconds West a distance of 971.83 feet to a fence line running Southerly; Thence following said fence, South 01 degrees 11 minutes 50 seconds East a distance of 184.60 feet; Thence continuing along said fence, South 06 degrees 13 minutes 39 seconds East a distance of 260.79 feet; Thence continuing along said fence, South 07 degrees 11 minutes 38 seconds East a distance of 347.79 feet to the Point of Intersection of said fence and the South line of said Section 18; Thence on said South line, North 89 degrees 59 minutes 57 seconds West a distance of 1312.43 feet to the South Quarter comer of Section 18; Thence on the West line of the Southeast Quarter of said Section 18, North 01 degrees 07 minutes 25 seconds East a distance of 2653.94 feet to the center of said Section 18; Thence on the South line of the Northwest Quarter of said Section 18, South 89 degrees 46 minutes 30 seconds West a distance of 2620.61 feet to the West Quarter comer of Section 18; Thence on the West line of said Northwest Quarter, North 01 degrees 30 minutes 24 seconds East a distance of 2600.34 feet to the Northwest comer of Section 18; Thence on the North line of Section 18, South 89 degrees 51 minutes 53 seconds East a distance of 5187.04 feet, to the Northeast comer of Section 18; Thence on the North line of said Section 17, South 89 degrees 51 minutes 15 seconds East a distance of 5256.80 feet to the Point of Beginning.
FSA BASES / YIELDS:
Wheat: 18.6 Acre Base - 30 Bu/AC PLC Yield
Grain Sorghum: 65.6 Acre Base - 48 Bu/AC PLC Yield
CRP INFORMATION: The CRP has a rental rate of $41.18 per acre with a total annual payment of $15,487.80 for 376.1 Acres. The current contract expires on 09/30/2020.
TAXES: 2018 Taxes were $4,078.10 (this includes approximately 250 Acres that the Seller is retaining in Sections 17 & 18)
DIRECTIONS: From the U.S. Highway 183 and I-70 intersection on the northern edge of the City of Hays, drive 13-Miles North. Turn West on Saline River Rd. and travel 1.5-Miles until you see the Subject Property.
TERMS AND CONDITIONS OF SALE:
RESTRICTIONS: Subject only to (1) all City, County, and State laws, ordinances and regulations and (2) any easements, encumbrances, and restrictions applicable to the Property. Seller is placing no restrictions on the property.
UTILITIES: United Country - Crossroads Auction & Realty, Rocking X Land Company, nor the seller guarantees the availability of utilities, public or private. This consists of but is not limited to: wells, septic tanks, access to public utilities or any hookup fees therewith. Confirmation of utility availability is the bidder's sole responsibility.
EARNEST DEPOSIT: Earnest Money in the amount of 10% of the Purchase Price is due on Auction Day and upon signing the Purchase Contract. The deposit can be paid in the form of Personal or Business Check, Cash, Cashier Check. Your deposit is Non-Refundable.
TAXES: Seller shall pay 2018 taxes and all prior years. 2019 taxes will be pro-rated to the date of closing.
TITLE/CLOSING COSTS: Seller and Buyer shall share equally in the cost of owner's title insurance and escrow closing. A Preliminary Title Policy has been prepared by Field Abstract & Title, LLC in Hays and will be updated with Buyer information prior to closing. Buyer is responsible for cost of lender's policy.
TITLE EVIDENCE/DEED: Seller will deliver to Buyer an insurable deed for the Property at time of closing, conveying clear and marketable title of surface rights to said Property, free of all encumbrances, liens and judgment, except for those lawful conveyances and restrictions that exist on record before the date of the auction, as noted in the title insurance commitment.
MINERALS: Minerals are believed to be intact; all Seller-owned minerals will be reserved by the Sellers.
PROPERTY SOLD "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND: The real property shall be sold subject to conditions, restriction, right-of-way easements, and reservations; if any, of record, filed and untitled mechanic's and material men's liens; if any, and all other matters of record taking priority, subject to the rights; if any, of tenants-in-possession, and further subject to all conditions announced at the safe; and confirmation of the seller. Announcements made day of auction take precedence over previously printed material and oral statements.
FOR THE LIVE AUCTION: Bidders must present photo identification in order to obtain a Bidder's Number. The high bidder will execute a Contract for Sale of Real Estate and provide a binding deposit of 10% of the Purchase Price.
CLOSING: Buyer must close sale of real property on or before Tuesday, April 30th, 2019. TIME IS OF THE ESSENCE. The entire purchase price must be paid by Cashier/Certified check or wired funds at closing. No purchase is contingent on financing. Buyer is entitled to a deed for property upon full payment. Buyers should have all tests and inspections completed prior to the date of the auction. Only the Purchase Contract shall set forth Seller's obligations to the successful Bidder.
ADDITION OR WITHDRAWAL FROM SALE; CONDITION OF SALE: All bids are subject to Seller approval and the tracts are being offered for sale with that reservation. The Auctioneer reserves the right to cancel the auction up to the time prior to the commencement of bidding. If a subsequent survey by the Buyer shows a greater or lesser number of acres or square footage this will not affect the purchase or purchase price.
AGENCY: The Broker/Auctioneer is acting as agent for the Seller only. During bidding, the Auctioneer has the right to reject any raise that in his opinion is not commensurate with the property value. In the event of any dispute after the sale, United Country - Crossroads Auction & Realty's record of final sale shall be conclusive. All information and materials provided by Auctioneer is subject to inspection by all appropriate parties and the Auctioneer assumes no liability for its accuracy, errors, or omissions nor its agents, the Seller or its agents. Prospective bidders should independently verify any information being materially relied upon in making a purchasing decision.
LIQUIDATED DAMAGES: Buyer will forfeit all of their deposit if they cannot close within the stated time herein - and no written extension has been granted by the Seller. If such action occurs, United Country - Crossroads Auction & Realty, hereby has the right to disperse the deposit as stated in the listing agreement and the Buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost, and additional cost of auction as not defined in this agreement. These liquidated damages do not restrict the seller from suing the Buyer for performance damages and/or any additional damages the seller suffers by the default of the Buyer.
ARBITRATION: For disputes that are not resolved by the parties within 10 days after either party gives notice to the other of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this Agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years.
BUYER'S NOTE: Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. United Country - Crossroads Auction & Realty and Rocking X Land Company reserves the right to offer the property in individual tracts, combination of tracts, as a whole or in any way that we see fit in order for it to bring the most money for the owner. The sale of combinations supersedes the sale of individual tracts. The decision of the Auctioneer is final. Seller, United Country - Crossroads Auction & Realty and Rocking X Land Company reserve the right to amend any terms and conditions prior to or during the auction.
BIDDER'S DUTY TO INSPECT: All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller, the auctioneers, or any other person or entity. Personal onsite inspection of all property by potential bidders is strongly recommended. All sales are subject to the conditions and terms contained herein. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of way, or any other information that can be obtained as public record in the county courthouse or any municipal office concerning subject properties. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information. Please note that you are bidding to purchase the Property "As Is, Where Is" with no guarantee or warranty.
United Country - Crossroads Auction & Realty, Rocking X Land Company and its agents represent the Seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the Seller).
FOR A FULL LIST OF TERMS & CONDITIONS, PLEASE DOWNLOAD THE PROPERTY INFORMATION PACKET