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Sealed Bid Auction Packet
Sealed Bids Due By Friday, August 30, 2013 at 1pm CDT * Late Arrivals will not be accepted * Participate in the auction process by using the enclosed Sealed Bid Form. This package includes complete property information and bidding instructions.
160.57 ± Acres, Woodbury County, Iowa Sealed Bid Auction The West Half of the Northeast Quarter (W½NE¼) and the East Half of the Northwest Quarter (E½NW ¼) of Section Thirteen (13), Township Eighty-Eight (88) North, Range Forty-Seven (47) West of the 5th P.M., Woodbury County, Iowa, containing 160.57 acres, more or less.
Property Location: 1726 180th Street, Woodbury Township, Woodbury County, Iowa. Directions from Sioux City, IA: approximately 3.5 miles east on Highway D-30 (180th Street) Current Lease: The current lease will expire on February 28, 2014. The buyer potentially could have an option to lease the towers to the radio station, or the property could be converted to tillable land or other uses. Property Viewing: Friday, August 23, 2013 between 1:00 – 3:00 P.M., or by appointment First Round Auction Bid Deadline: Sealed Bids Due Friday, August 30, 2013, 1:00 pm, CDT Auction Address:
Submit Sealed Bids to: Peoples Bank Wealth Management Group 1701 South Main Avenue – P.O. Box 135 Sioux Center, IA 51250
Second Round Auction Bid Deadline: Sealed Bids Due Friday, September 6, 2013, 1:00 pm, CDT -
Bidders will be notified of the first round top bid and will have one week to modify their bid. All bids will remain confidential. Only the winning bid will be disclosed to the bidding group. Financing arrangements will need to be made before the second round bids are submitted. Closing Date: November 1, 2013.
If you have additional questions, please feel free to contact our office at 712.722.0100. Peoples Bank, as Executor of the Donald A. Swanson Estate, Seller
This offering is subject to errors, omission, or withdrawal without notice.
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DISCLAIMER
CONTENTS Property Overview Auction Overview Aerial Image Auction Bidding Checklist Auction Terms & Conditions Sealed Bid Instructions & Form Auction Purchase Contract
All information contained in this package and any advertisements was obtained from sources believed to be accurate. However, no warranty or guarantee, expressed or implied, is intended or made with regard to the accuracy or completeness of this information. All purchasers must independently investigate and confirm any information or assumptions on which any bid is based. Neither Agents nor the Seller shall be liable for any errors or the correctness of the information provided in this package or in any advertisements or materials disseminated pertaining to the property. Property is sold “AS IS, WHERE IS, with all faults.” Prospective Bidders should verify all information. The property is offered to qualified bidders without regard to prospective purchaser’s race, color, religion, sex, marital status, or national origin. The property will be offered “AS IS” without representation or warranty of any kind, including any representations regarding environmental conditions affect the property or its title. The property shall be offered subject to conditions, restrictions, rights-of-way, easement, and reservations, if any, of record; subject to the rights, if any of tenants-inpossession, under law. Neither Agents nor the Seller make or have made any representations or warranty with respect to the accuracy, correctness, completeness, content or meaning of the information contained herein. Any decision to purchase or not to purchase is the sole and independent business decision of the potential purchaser. No recourse of cause of action will like against any of the above mentioned parties should the purchaser become dissatisfied with its decision, whatever it may be, at a later date.
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PROPERTY OVERVIEW 160 +/- ACRES FARMLAND NEAR SIOUX CITY, IA Legal: The West Half of the Northeast Quarter (W½NE¼) and the East Half of the Northwest Quarter (E½NW ¼) of Section Thirteen (13), Township Eighty-Eight (88) North, Range FortySeven (47) West of the 5th P.M., Woodbury County, Iowa, containing 160.57 acres, more or less. Including approximately 139.97 tillable acres, 12.96 acre building site, plus 7.63 acre radio tower site.
Property Location: 1726 180th Street, Woodbury Township, Woodbury County, Iowa. Directions from Sioux City, IA: approximately 3.5 miles east on Highway D-30 (180th Street)
FSA Crop Bases & Yields: Corn: 69.10 Acre Base, 98 Bu/Ac Yield Soybeans: 34.60 Acre Base, 24 Bu/Ac Yield (Note: Exact base acreage shall be determined by Woodbury County FSA office)
2011 Taxes: $4,724.00 (includes 160.57 acres and building site)
Lease: The current lease will expire on February 28, 2014. The buyer will likely have an option to lease the towers to the radio station, or the property could be converted to tillable land or other uses.
Possession: November 1, 2013
Minerals: Believed to be intact. All Seller-owned minerals conveyed to buyer at closing.
Soil Types: (See soil map included on following page.)
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AUCTION OVERVIEW
First Round Auction Bid Deadline: First Round Sealed Bids are due no later than Friday, August 30, 2013 at 1:00 pm CDT. No Exceptions. Letter of pre-approval from your lender is required with submission of the First Round Sealed Bid Form. A $10,000 deposit, due with the submission of the First Round Sealed Bid Form, should be made by Cashier’s Check payable to Peoples Bank, FBO the Donald A. Swanson Estate. NO EXCEPTIONS.
All bids will remain confidential. Only the winning bid will be disclosed to the bidding group. Auction Address: Submit Sealed Bids to: Peoples Bank Wealth Management Group 1701 South Main Avenue – P.O. Box 135 Sioux Center, IA 51250 Second Round Auction Bid Deadline: Second Round Sealed Bids Due Friday, September 6, 2013, 1:00 pm CDT First Round Bidders will be notified of the first round top bid and will have one week to modify their bid. Balance of the contract price is due at closing on or before November 1, 2013. All property is sold in “as is, where is, and with all faults” condition.
You are urged to thoroughly inspect the property and complete your own due diligence before the auction!
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AERIAL MAP
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AUCTION BIDDING CHECKLIST
A Deposit in the amount of $10,000 in the form of a cashier’s check made payable to the Donald A. Swanson Estate is due with the submission of the Sealed Bid Form. NO EXCEPTIONS. Please note if your check does not accompany your sealed bid package, your sealed bid will not be considered.
Registration Checklist:* 1. Completed Sealed Bid Form
__________
2. Signed Terms and Conditions
__________
3. Earnest Money Deposit Check
__________
4. Letter of Lender Pre-Approval
__________
5. Package delivered no later than Friday, August 30, 2013, 1pm CDT __________
* You must have all of the required items in order to participate in the sealed bid auction.
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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. ORDER OF SALE: Property is being offered through Sealed Bid Auction. Bids must be completed according to the directions contained in the Property Information Package. Seller reserves the right to request the bidders to present their final and best offer. UTILTIES: Peoples Bank, 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. DEPOSIT: A $10,000 Deposit is due with submission of your Sealed Bid Forms. The deposit must be in the form of a cashier’s check and made payable to Peoples Bank FBO the Donald A. Swanson Estate. TAXES: Seller shall pay pro-rated 2013 taxes and all prior years. TITLE EVIDENCE/DEED: Seller will deliver to Purchaser a 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. 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 unfiled mechanic’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 sale; and confirmation of the seller. CLOSING: Purchase must close sale of real property on or before November 1, 2013. 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. Purchaser is entitled to a deed for property upon full payment. Purchasers 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 tract is being offered for sale with that reservation. The Seller reserves the right to cancel the auction up to the time prior to the first round bidding deadline. If a subsequent survey by the purchaser shows a greater or lesser number of acres or square footage, this will not affect the purchase or purchase price.
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CONFIRMATION: Selling subject to Seller’s Confirmation. Confirmation of the sale will be no later than Tuesday, September 10, 2013, at Noon CDT. Deposit for unaccepted offers will be returned to bidders within five business days of confirmation. AGENCY: Peoples Bank is acting as agent for the Seller only. In the event of any dispute after the sale, Peoples Bank’s record of final sale shall be conclusive. All information and materials provided by the Peoples Bank is subject to inspection by all appropriate parties and Peoples Bank 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: Purchaser will forfeit all of their deposit, if they cannot close within the stated time herein. No written extension has been granted by the Seller. If such action occurs, Peoples Bank hereby has the right to disburse the deposit to the Seller, and the Purchaser has no claims to such money or property being sold. Liquidated damages are to cover the 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 purchaser for performance damages and/or any additional damages the Seller suffers by the default of the Purchaser. 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 Peoples Bank, the Seller, 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. Please note that you are bidding to purchase the Property “As Is, Where Is” with no guarantee or warranty. Peoples Bank is the agent of the Seller and its fiduciary duties of loyalty and faithfulness are owed to their client, the Seller. I was provided a copy of the “Notice of Auction Information, Terms and Conditions” at the time I registered and have read and understand the information as printed.
_____________________________________________ SIGNATURE
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__________________ DATE
SEALED BID INSTRUCTIONS Thank you for your interest and involvement in the SEALED BID SALE of the 160.57 ± Acres, Woodbury County, Iowa, and located near Sioux City, Iowa. If you would like to submit a Sealed Bid to purchase the Property, please follow these instructions and submit your bid no later than Friday, August 30, 2013, 1:00 pm CDT.
1. Complete the Sealed Bid Form for the property that you are submitting a bid. Please fill in the amount of your bid, your contact information, and sign the Sealed Bid Form. 2. Prepare certified funds in the amount of $10,000 made payable to: Peoples Bank FBO the Donald A. Swanson Estate. DO NOT SEND A CASH DEPOSIT. The total deposit requirement is $10,000. 3. Place the completed Sealed Bid Form, Signed Terms & Conditions, and the cashier’s check in a sealed envelope and send to: Peoples Bank, as Executor of the Estate of Donald A. Swanson, Deceased, P.O. Box 135, Sioux Center, IA 51250, or hand-deliver to the Wealth Management Group of Peoples Bank, 1701 South Main Avenue, Sioux Center, Iowa, for delivery on or before Friday, August 30, 2013, 1:00 pm CDT. 4. Bidding closes at 1:00 pm CDT on Friday, August 30, 2013. Peoples Bank, its agents, and the Seller are not responsible for bids that do not arrive prior to bid closing. All sealed bids submitted will be presented for consideration. 5. The Seller reserves the right to request bidders to present their vest and final offer before confirming the sale. 6. Confirmation of the sale will occur no later than Tuesday, September 10, 2013, at Noon CDT. 7. If a bid is rejected, payment of deposit referenced herein will be returned within five business days of Seller confirmation. 8. Closing must occur on or before November 1, 2013. TIME IS OF THE ESSENCE. 9. Please return the Terms & Conditions, signed with your Sealed Bid Form.
If you have any questions, please feel free to contact our office at 712.722.0100.
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SEALED BID FORM I, ____________________________________________, hereby offer for the property, as specifically enumerated below, the total bid amount indicated below. Consequently, enclosed herewith is my deposit of $10,000. It is understood that all property is being sold without any warranty of any kind and “as is” and “where is.” High Bid:
$_____________________
Less Deposit:
- 10,000 $_____________________
Balance of Purchase Price:
$_____________________
Bidder’s Signature: ________________________________________________________________ Bidder’s Printed Name: _____________________________________________________________ Mailing Address: __________________________________________________________________ City: ______________________________________ State: ________________ Zip: ____________ Physical Address: __________________________________________________________________ City: ______________________________________ State: ________________ Zip: ____________ Home Phone: ____________________________ Mobile Phone: ____________________________ Email: ___________________________________________________________________________ CHECKLIST – Make sure you have included these items to submit a bid!!
________ Completed Sealed Bid Form ________ Signed Terms and Conditions ________ Earnest Money Deposit Cashier’s Check ________ Letter of Lender Pre-Approval
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