Total Acres 40.00

Tracts 1

Type of Sale Auction

Farm Name Daniel, Jerome & Schroff, Lucille

Status closed

HLS Number RDH - 11749

Key Features 1,300' Whitewater River Frontage, Great For Hunting and Fishing

Location Washington Township, Wayne County, IN


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Farm Name Daniel, Jerome & Schroff, Lucille

Type of Operation Recreational - Timber

Current Zoning Agricultural

School System Western Wayne Schools

Annual Taxes $244.82

Topography Level - Level To Gently Rolling

Region IN

General Location 3.25 miles southeast of Milton, IN

Legal Description 40 acres, more or less, located in part of the E 1/2 of the S1/2 of the NW 1/4 of S18, T15N, R13E, Washington Twp, Wayne County, State of Indiana.

Start Auction Date April 20, 2016

Start Auction Time 10:00 AM ET

Auction Location :

Date March 31, 2016

Time 4:00 PM ET - 5:30 PM ET

Wooded Acres 40.000

Terms & Conditions PLEASE READ AND REVIEW THE REAL ESTATE TERMS THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. IF YOU HAVE NOT READ AND UNDERSTAND THESE TERMS, DO NOT BID. BY BIDDING ON THE PROPERTY, BUYER AGREES TO ALL TERMS AND CONDITIONS SET FORTH AND ENTERS INTO A CONTRACTUAL AGREEMENT TO PURCHASE THE PROPERTY UNDER THE FOLLOWING TERMS AND CONDITIONS: UPON CONCLUSION OF THE AUCTION: The Winning Bidder will be emailed a Real Estate Contract to print and required to fully and correctly complete and properly sign without any modifications and return the completed, signed contract to Halderman Real Estate Services, Inc. by email, fax, certified mail or delivered in person by 4:00 PM of the day following the auction. Along with the completed, signed contract, the Winning Bidder will be required to send the specified non-refundable earnest money deposit as stated in the property description. This non-refundable earnest money deposit will be held in escrow until closing and that amount will then be credited to the Buyer as part of the purchase price of the property. Wire transfer instructions and escrow agreement forms will be provided to the Buyer along with the contract after the auction. Purchaser shall be responsible for all wire transfer fees. Successful bidders not executing and returning the completed contract and earnest money deposit by 4:00 PM the day after the auction will be considered in default. Such default by the Successful Bidder will result in that Bidder’s liability to both the Seller and Halderman Real Estate Services, Inc. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach, (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) Seller can resell the property either publicly or privately with Halderman Real Estate Services, Inc. and in such an event, the Buyer shall be liable for payment of any deficiency realized from the second sale plus all costs, including, but not limited to the holding costs of the property, the expenses of both sales, legal and incidental damages of both the Seller and Halderman Real Estate Services, Inc. In addition, Halderman Real Estate Services, Inc. also reserves the right to recover any damages separately from the breach of the Buyer. Both the Successful Bidder and Seller shall indemnify Halderman Real Estate Services, Inc. for and hold harmless Halderman Real Estate Services, Inc. from any costs, losses, liabilities, or expenses, including attorney fees resulting from Halderman Real Estate Services, Inc. being named as a party to any legal action resulting from either Bidders or Sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement. REAL ESTATE TERMS: • DATE OF CLOSING: The closing will take place within, on or before June 15, 2016. All taxes will be prorated to the day of closing. • NO CONTINGENCIES: This Real Estate contract is not contingent on or subject to Buyer’s financing, appraisal, survey or inspections of any kind or any other contingencies as agreed to by bidders at registration prior to bidding. • TITLE: Buyer is entitled to and the Seller will provide clear, insurable title for property upon full payment. • ZONING AND EASEMENTS: Property is being sold subject to any and all easements of record. Property is subject to all state and local zoning ordinances. • SURVEY: A staked survey of the easement will be completed and the cost shared 50/50 between the seller and buyer - buyer's half not to exceed $500. If any other survey is required by the Purchaser, the Purchaser will pay for the expense of such survey. • AERIAL PHOTOS, Images and Drawings: are for illustration purposes only and not surveyed boundary lines unless specified. • AGENCY: Halderman Real Estate Services, Inc. is the Agent and Representative of the Seller. • CONDITION OF PROPERTY: Property is sold 'AS IS, WHERE IS' condition. Halderman Real Estate Services, Inc, the Sellers nor their representatives, agents, or employees make express or implied warranties or representations of any kind. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property prior to bidding on the subject property. All information presented in the brochure, website, and all other mediums is subject to verification by all parties relying on it. All sketches and dimensions are approximate. No liability for its accuracy, errors, or omissions is assumed by the Seller, Halderman Real Estate Services, Inc. or their Agents or Representatives. Buyer and or Bidder agrees to hold harmless and indemnify Halderman Real Estate Services, Inc. and their Agents and their Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc. • DISCLAIMER: All information included herein was derived from sources believed to be correct, but is not guaranteed. • NEW DATA, CORRECTIONS, and CHANGES: Please check for updated information prior to scheduled auction time to inspect any changes, corrections, or additions to the property information. BIDDING AND REGISTRATION INFORMATION BIDDER VERIFICATION: Bidding rights are provisional, and if identity verification is questionable, Halderman Real Estate Services, Inc. has the right to reject the registration, and bidding activity will be terminated. The Seller and Halderman Real Estate Services, Inc. reserve the right to preclude any person from bidding if there is any question as to the person's credentials, mental fitness, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. If the registered bidder's user name is offensive to Halderman Real Estate Services, Inc. or in their sole opinion detrimental to Bidding Activity, then Halderman Real Estate Services, Inc. reserves the right to delete the bidder from bidding or unilaterally change the username with notification to the Bidder. When using the web site you must obey any and all local, state and federal laws. Violations will result in termination of web site use privileges. MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid. Another bidder has to bid to increase the current price and the computer will automatically bid up to your maximum in the increments specified. AUCTION END TIMES: Halderman Real Estate Services, Inc. online only auctions are timed events and all bidding will close at specified time. However, our auctions also have what is called an 'Auto Extend' feature. Any bid placed within the final 5 minutes of an auction results in the auction automatically extending 5 additional minutes. The bidding will extend in 5 minute increments from the time the last bid is placed until there are no more bids, and the lots sit idle for 5 minutes. Therefore, the auction will not close until all bidding parties are satisfied and no one can be outbid at the last second without having another opportunity to bid again. TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Halderman Real Estate Services, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Halderman Real Estate Services, Inc. shall be held responsible for a missed bid or the failure of the software to function properly for any reason. CONDUCT OF THE AUCTION: The minimum bid increase will be $1,000. Halderman Real Estate Services, Inc. reserves the right to reject any and all bids for any reason and also reserves the right to cancel this auction, or remove any item or lot from this auction prior to the close of bidding. All decisions of Halderman Real Estate Services, Inc. are final. YOUR BID ON THIS AUCTION INDICATES BOTH AN UNDERSTANDING AND AN ACCEPTANCE OF THE TERMS OF THIS CONTRACTUAL AGREEMENT BETWEEN YOURSELF AND BOTH THE SELLER AND HALDERMAN REAL ESTATE SERVICES, INC. AND THAT YOU, AS THE BIDDER, ARE PREPARED TO PURCHASE THE PROPERTY UNDER THE TERMS AND CONDITIONS OF THIS AUCTION. EASEMENT MAINTENANCE AGREEMENT April 21, 2016 The following parties: Seller (Jerome Daniel and Lucille Schroff), Purchaser (_____________), Landowner (Mark Schambers) and Adjoining Landowner (Carol Schambers) agree to mutually use, care and maintain a non-exclusive, ingress and egress easement as defined in the attached legal description. It is mutually covenanted, stipulated and agreed by and between the Parties for themselves and successors in interest as follows: 1) The Landowner understands and agrees to grant said easement for his benefit, and the benefit of the Purchaser and the Adjoining Landowner over and across his real estate as defined in the attached survey. (Survey to be completed in approximately 30 days, and prior to closing) 2) The Seller and Purchaser agree that the cost of survey and all legal documents necessary for said easement are their expense. The Seller and Purchaser will share the expenses 50-50, with the Purchaser’s one-half not to exceed $500. 3) The Landowner, Adjoining Landowner and Purchaser hereby further grant and convey to the others and reserves for themselves this non-exclusive mutual private drive easement, together with the full and free right for them and their tenants, servants, visitors, and licensees, in common with all others having the like right, at all times hereafter with or without automobile or other vehicles, or on foot, for the purpose of ingress and egress. 4) The Landowner, Adjoining Landowner and Purchaser shall mutually identify and collectively agree upon all maintenance and related issues for said easement and the drive to insure continued reasonable ingress and egress for each Party’s real estate. 5) The Landowner, Adjoining Landowner and Purchaser shall share equally in the expense of all reasonable and necessary maintenance and related issues including repairs to the drive as it exists within the bounds of the easement described in the attached, however, no Party shall be liable to any other Party for any expenses without its prior written consent. 6) All four parties agree that this Easement Agreement is simply the general terms of the easement and that an attorney will prepare the legal binding easement agreement to be signed by all parties at or prior to the closing of the sale form the Seller to the Purchaser. All parties confirm their agreement with these terms on April ____, 2016 as evidenced by their signatures below.