Internet Buyers Premium:6% (9% For CC Purchases) Payment Options: Please contact our office by telephone or email immediately following the auction to arrange for payment. Payment must be received by 4:00PM CST on Tuesday, April 9, 2019 (1) Bank Wire Transfer (Preferred Method) – Please call or email for Bank Routing Numbers & Instructions (2) Check or Cash – If you intend to hand deliver cash or a check please call or email to advise us of your intention to do so. (3) Credit Cards – Credit cards are accepted with a 3% convenience fee. The online buyer’s premium is 6% + 3% (CC Fee) for a total of 9% if using a credit card. TERMS OF SALE (The Following Terms Are Non-Negotiable) Registration at the auction (online and/or in person) finalizes each bidder's agreement to the terms and conditions of sale as stated in this document and any addenda which are incorporated by reference into your bidding. Do not bid until you have read the terms, conditions and payment instructions! In order to bid at the auction all Bidders must be signed up and register to bid through Proxibid.com. There is no fee to register although a valid credit card will be required to verify identity and funds. By bidding you are representing to Diamond S Auction Co. (Auctioneer) and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein. If you do not agree with any of the terms and conditions stated DO NOT BID or you will be bound by those terms and conditions. By bidding you agree to all disclosures. THE INTERNET SIMULCAST WILL BE ADMINISTRATED BY THE ONLINE AUCTION PROGRAM. Diamond S Auction Co. shall not be responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. PLEASE BE AWARE: The "max bid" amount entered by an online bidder may be recognized on-site by the auctioneer causing the lot to sell to an onsite bidder for the online bidders "max bid" The lot descriptions for all property have been prepared and detailed in good faith to the best of the seller’s and auctioneer’s knowledge and ability. Diamond S Auction Co. will not guarantee functionality, serviceability or odometer accuracy of any of the items sold and strongly recommends that all items be checked by the bidder or the bidder’s trusted agent to his or her own satisfaction PRIOR to bidding. Failure of any bidder to perform adequate inspection and due-diligence SHALL NOT constitute grounds for any refund in whole or in part. All property is sold 'AS IS, WHERE IS' with no financing, post-sale inspection or other contingencies. Diamond S Auction Co. represents the seller only and will not inspect items on behalf of a bidder. Buyers must conduct their own due-diligence and investigation of each item of property PRIOR to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a buyer to be fully informed on the condition or description accuracy of an item of property will not constitute grounds for any claim adjustment or right to cancel sale. YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS. ________________________________________________________________ REAL ESTATE TERMS & CONDITIONS Real Estate Buyer’s Premium: 6% Payment Options: Please contact our office by telephone or email immediately following the auction to arrange for payment. Payment must be received by 4:00PM CST on Tuesday, April 9, 2019 Bank Wire Transfer (Preferred Method) – Please call or email for Bank Routing Numbers & Instructions Check or Cash – If you intend to hand deliver cash or a check please call or email to advise us of your intention to do so. Credit Cards – Credit cards are accepted with a 3% convenience fee. The online buyer’s premium is 6% + 3% (CC Fee) for a total of 9% if using a credit card. Payment Instructions: The Successful bidder shall pay the amount of $10,000 plus the applicable amount of the buyer’s premium (6%) plus a 3% CC fee (if applicable) as a down payment. The down payment is due on or before 4:00PM CST, Tuesday, April 9th, 2019. The down payment may be made in the form of cash, cashiers check or wire transfer. The balance of the purchase price is due in cash or certified funds at closing which shall take place through Polk County Title Co of Bolivar, MO. Polk County Title Co. is located at 471 S. Albany in Bolivar, MO. A real estate sales contract will be sent to the buyer immediately following the auction and must be signed and retuned immediately following the auction on April 5, 2019. Buyers may obtain a copy of the Real Estate Sales Contract for review prior to the auction by calling or emailing Diamond S Auction & Real Estate. Co. Inc. Property Location: 19912 Highway HH – Lebanon, MO Driving Directions To Property: From I-44 & S. Jefferson Ave (S. MO-5) in Lebanon, MO travel south on S. Jefferson Ave. (S. MO-5) approx. 4 mi. to MO-HH. Turn east on MO-HH & travel approx. ¼ mi. to the property on the south side of the road. Watch for Diamond S Auction & Real Estate Co. signs. Special Terms Terms for Online Bidding: Online registration must be completed, including credit card information which will be verified and approved, the credit card will be charged $1.00 for this process. If you are the successful bidder and do not deliver the earnest money as outlined above, a charge of 6% of the Purchase Price will be placed on the credit card plus a 3% credit card fee. The card is for verification purposes to ensure we have serious bidders. The balance of the contract price will be paid in full at closing no later than 45 days from date of contract. The successful online bidder will be notified immediately following the closing of the auction and issued the sales contract. The executed sales contract shall be remitted the same day per the instructions received with the contract. If you have any questions, please call Diamond S Auction & Real Estate Co. Inc. at 1-877-907-3000 BUYERS PREMIUM: A 6% buyer’s premium will be added to the high bid. Example: For each $10,000.00 a 6% buyer premium of $600.00 will be added to arrive at the total purchase price. AGENCY: Diamond S Auction & Real Estate Co. Inc, is acting exclusively as agent for the seller. Balance of purchase price is due in cash at closing. Closing costs will be shared equally between Buyer(s) and Seller. The sale of the real estate is NOT subject to any contingencies or financing The Seller shall provide a title search and a Warranty Deed. The cost of title insurance shall be at Buyer’s expense, if Buyer elects to secure a title insurance policy. The Seller shall pay the 2017 and all prior year’s real estate taxes; real estate taxes for 2018 shall be prorated to the date of closing. No survey shall be conducted unless it is required to establish a legal description. In such an event, a survey shall be prepared and the Seller and Buyer shall share equally in the cost of said survey. Possession shall not be granted until closing. Closing shall take place within 45 days from the date of the auction. Your bids are to be based solely upon your inspection. All real estate is being sold without physical warranty of any kind. The Seller and the agents of Diamond S Auction & Real Estate Co. shall not assume any responsibility for warranty of any specific zoning classifications, location of utilities, and assurance of building permits, or water and septic permits. No warranties or guarantees as to the condition of the wells on any tract are made by the Seller or Auction Company. In short, all property is being sold “AS IS” with no guarantees of any kind. The sale of the real property does not include items that are portable in nature. These items include but are not limited to: feeders, portable corral panels, and other items that have been advertised separately from the real property. All real estate is being sold subject to any existing recorded easements. Existing recorded leases, if any will be assigned to the Buyer. At the close of the auction, Buyer(s) will be required to execute an Agreement to Purchase Real Estate and Addendum(s). This agreement is available for your review. The terms of this agreement and addendum(s) are non-negotiable. Diamond S Auction & Real Estate Company, Inc. and its representatives are the exclusive agents of the Seller. Any announcements made by the auctioneers shall take precedence over this and any other printed material. Debt Collection and Interest Charge: The bidder agrees to pay all reasonable attorney fees and other costs incurred by Diamond S Auction & Real Estate Co. Inc. in its efforts to collect unpaid funds from the bidder. The bidder agrees that a fee of 2% of the outstanding balance per month be added to any unpaid balance due Diamond S Auction & Real Estate Co. Inc. Any debt collection or dispute proceedings shall be heard in Polk County, MO. Guaranty Agreement: By submitting a bid in the name of a business entity or corporation, the individual submitting the bid enters into a guaranty agreement whereby he or she personally guarantees payment of any bid amount not paid when due by the business entity or corporation, for any reason, together with all collection expenses incurred to enforce collection, including a reasonable attorneys fee. All bidders shall be at least 18 years of age or older. YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.