Total Acres 128.68

Tracts 4

Type of Sale Auction

Farm Name Sowers-Mills Family Revocable Trust

Status closed

HLS Number CCP - 11804

Key Features Productive Farmland, Outbuildings, Woods with Road Frontage

Location Washington Township, Wayne County, IN


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Farm Name Sowers-Mills Family Revocable Trust

Type of Operation Farm - Recreational

Current Zoning Agricultural

School System Western Wayne School Corporation

Annual Taxes Unavailable

Topography Gently Rolling

Soil Eldean Loam, Ockley Silt Loam, Eldean Clay Loam

Building Description 38' x 48' bank barn 24' x 16' grain bin with fan and heater, built in 1960

Region IN

General Location Approximately 2 miles east of Milton, IN

Legal Description 129.5 acres, more or less, located in the NW 1/4 of S5, T16N, R13E, Washington Twp, Wayne County, State of Indiana.

Start Auction Date September 27, 2016

Start Auction Time 6:30 PM ET

Auction Location Golay Community Center: 1007 E Main St, Cambridge City, IN 47327

Tillable Acres 117.900

Wooded Acres 8.520

Terms & Conditions METHOD OF SALE: Halderman Real Estate Services, Inc. (HRES, IN Auct. Lic. #AC69200019) will offer this property at public auction on September 27, 2016. At 6:30 PM, 129.5 acres, more or less, will be sold at the Golay Community Center, Cambridge City, IN. This property will be offered as one single unit, in tracts or in combination. Each bid shall constitute an offer to purchase and the final bid, if accepted by the Seller, shall constitute a binding contract between the Buyer(s) and the Seller. The auctioneer will settle any disputes as to bids and his decision will be final. To place a confidential phone, mail or wire bid, please contact Chris Peacock at 765-546-0592 at least two days prior to the sale. ACREAGE: The acreages listed in this brochure are estimates taken from the county assessor’s records, FSA records and/or aerial photos. SURVEY: The Seller reserves the right to determine the need for and type of survey provided. If an existing legal description is adequate for title insurance for a tract or tracts, no new survey will be completed. If the existing legal description is not sufficient to obtain title insurance, a survey will be completed, the cost of which will be shared 50/50 by the Seller and the Buyer(s). The Seller will choose the type of survey to be completed and warrant that it will be sufficient to provide an owner’s title insurance policy for the tract(s). If a survey is completed, the purchase price for the surveyed tract(s) will be adjusted, up or down, to the exact surveyed acres. The price per acre will be the auction price bid for the tract, divided by the tract acreage estimated in the auction brochure. INGRESS/EGRESS: The owner of Tract 1 will have access from Pennville Rd via an ingress/egress easement over the existing driveway. Seller has applied for a variance to allow this driveway to remain in the current location. If the variance is not granted at the October 13, 2016 meeting, the buyers agree there may be a shift in the property line around the grain bin and the purchase price will be adjusted accordingly. DOWN PAYMENT: 10% of the accepted bid down on the day of the auction with the balance due at closing. The down payment must be in the form of personal check, cashier’s check, cash or corporate check. YOUR BIDDING IS NOT CONTINGENT UPON FINANCING. BE SURE YOU HAVE FINANCING ARRANGED, IF NECESSARY, AND ARE CAPABLE OF PAYING CASH AT CLOSING. APPROVAL OF BIDS: The Seller reserves the right to accept or reject any and all bids. All successful bidders must enter into a purchase agreement the day of the auction, immediately following the conclusion of the bidding. Successful bidders must execute purchase agreements on tracts exactly as they have been bid. Combination bids will not be split into separate purchase agreements. DEED: The Seller will provide a Warranty Deed at closing. EVIDENCE OF TITLE: The Seller will provide an Owner’s Title Insurance Policy to the Buyer(s). Each Buyer is responsible for a Lender’s Policy, if needed. If the title is not marketable, then the purchase agreement(s) are null and void prior to the closing, and the Broker will return the Buyer’s earnest money. FARM INCOME: The Seller will retain all 2016 farm income. CLOSING: The closing shall be on or about November 9, 2016. The Seller has the choice to extend this date if necessary. POSSESSION: Possession of land will be at closing, subject to the tenant's rights to the 2016 crop. Possession of the grain bin will be June 1, 2017. Possession of the barn will be 60 days after closing. REAL ESTATE TAXES: Tax information is unavailable at this time. The Seller will pay the 2015 taxes due and payable in 2016. Buyer(s) will pay the 2016 taxes due and payable in 2017 and all taxes thereafter. MINERAL RIGHTS: All mineral rights owned by the Seller will be conveyed to the Buyer(s). PROPERTY INSPECTION: Each potential Bidder is responsible for conducting, at their own risk, their own independent inspections, investigation, inquiries and due diligence concerning the property. Further, Seller disclaims any and all responsibility for bidder’s safety during any physical inspections of the property. No party shall be deemed to be invited to the property by HRES or the Seller. AGENCY: Halderman Real Estate Services Inc., Russell D. Harmeyer, Auctioneer, and their representatives, are exclusive agents of the Seller. DISCLAIMER: All information contained in this brochure and all related materials are subject to the Terms and Conditions outlined in the purchase agreement. This information is subject to verification by all parties relying upon it. No liability for its accuracy, errors or omissions is assumed by the Seller or HRES. All sketches and dimensions in this brochure are approximate. ANNOUNCEMENTS MADE BY HRES AND/OR THEIR AUCTIONEER AT THE AUCTION DURING THE TIME OF THE SALE TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIALS OR ANY OTHER ORAL STATEMENTS MADE. 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 the Seller or HRES. Each prospective bidder is responsible for conducting his/her independent inspections, investigations, inquiries and due diligence concerning the property. Except for any express warranties set forth in the sale documents, Buyer(s) accepts the property “AS IS,” and Buyer(s) assumes all risks thereof and acknowledges that in consideration of the other provisions contained in the sale documents, Seller and HRES make no warranty or representation, express or implied or arising by operation of law, including any warranty for merchantability or fitness for a particular purpose of the property, or any part thereof, and in no event shall the Seller or HRES be liable for any consequential damages. Conduction of the auction and increments of bidding are at the direction and discretion of HRES and/or the auctioneer. The Seller and HRES reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. All decisions of HRES and/or the auctioneer are final.