prospectus for 3-29-2014 nickels real estate & personal property auction, versailles, mo

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MORGAN COUNTY REAL ESTATE & PERSONAL PROPERTY AUCTION Seller: G. Nickels Farm LLC, Gordon Nickels, Owner PROPERTY VIEWING MONDAY – March 10 from 12 Noon to 2PM 270 Acres in 4 Tracts Saturday March 29, 2014 10:00 AM

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Morgan County Real Estate & Personal Property Auction. Four (4) Tracts totaling 270 Acres. Beautiful Farm, Cattle Set-up, Comfortable Home & Related Farm Equipment. Trucks, Tractors, Farm Machinery, Seed-Buying Equipment, Shop Equipment, Tanks, Generators, ATV, Hay.

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Page 1: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

MORGAN COUNTY REAL ESTATE & PERSONAL

PROPERTY AUCTION

Seller:

G. Nickels Farm LLC, Gordon Nickels, Owner

PROPERTY VIEWING MONDAY – March 10 from 12 Noon to 2PM

270 Acres

in 4 Tracts

Saturday March 29, 2014 10:00 AM

Page 2: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO
Page 3: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

REAL ESTATE – To be sold starting at 10 AM Due to Gordon’s continue health problem related to his back ailment, we will sell this beautiful farm, seed

buying facility, cattle set-up, comfortable home, and related equipment, be sure and plan to join us.

AUCTION & PROPERTY LOCATION: From Versailles, Mo take Hwy. 52 east a short distance to Hwy.

C, turn left and go 7 miles to Hwy. AA, turn right and go south 1.5 miles to farm on right.

PROPERTY VIEWING

MONDAY – March 10 from 12 Noon to 2 PM

Auction Representatives will be available at Tract 1 to answer your questions about the auction method

or the property

The real estate consists of 270 total acres at 16860 Highway AA, Barnett, MO 65011 and is in Twp 43N,

R16W, Section 33 & 34 in Morgan County. The property will be offered in 4 tracts.

Tract 1 will be 28 +/- acres containing the homestead, Gordon’s personal home which is a 3000 sq. ft.

split foyer style frame structure with lots of up-dates that includes new Formica counter tops, cabi-

nets, built-in dishwasher, wall oven, island w/ range top, hardwood flooring & carpet. There are 4

bedrooms, 2 baths, in-home office with an outside entrance, full masonry fireplace, enclosed back

porch and a 2 car attached garage. Home has thermal pane windows, a laundry room, sun room, an

attached two car garage. The home is heated with a heat pump and back up electric furnace, central

air conditioning with a programmable thermostat. This tract also has a full size in-ground swimming

pool.

The following grain bins are on Tract 1: a 6000 bu bin with spreader, sweep auger, perf. floor,

fan & unloader. A 10,000 bushel bin with power spreader, sweep auger, perf. floor, 10 hp centrifugal

fan and unloader. A 4,800 bushel bin with power spreader, sweep auger, Neco grain drying system,

perf. floor and unloading auger. A 10,000 bushel bin with power spreader, sweep auger, perf. floor,

15 hp centrifugal fan.

Buildings on Tract 1 include: 50’ x 80’ pole frame building with 8’ reinforced concrete walls with

outside concrete deadmen for support, total of 20’ side walls, concrete floor, 3 ph. electric, fills from

side or end, 4 – 10 hp centrifugal fans, double walls to hold seed or grain.

Also a 60’ x 100’ all steel building, trusses and posts, 20’ side walls, concrete floor, double walled, 3 ph.

electric, 5 – 10 hp centrifugal fans., 90’ overhead conveyor system, two 30’ side conveyors, all move-

able adj. plows, rope adjustments.

A 36’ x 64’ pole barn with metal roof & sides with a 64’ x 32’ open front lean-to on the north side, wired,

16’ side walls, with a 64’ x 20’ cattle lean-to on the south side w/ hay manger.

Also a 36’ x 80’ pole frame barn with 24’ x 80’ lean-to on the north side with 14’ side walls.

And a 36’ x 60’ steel frame building, concrete floor, footing & foundation, LPG high efficiency furnace,

auto. doors, one is 12’ x 16’ and one is 14’ x 20’ 16’ side walls, insulated, wired 110 & 220v. Used as

a year-around shop for large farm machinery and road tractors and trailers.

A 24’ x 72’ livestock shade

And 30’ x 36’ two car detached garage, two overhead doors with auto. openers, concrete floors.

Tract 1 also has lots of sucker rod corral fences, one nice size pond and frontage on Hwy. AA. Water is

provided by a deep-well and rural water.

Tract 2 will be approx. 26 +/- acres that lays just across the driveway to the north of Tract 1, it is all

open, and will be accessed off Hwy. AA. It is a perfect stand alone tract for someone who wants a

great place in the country to build a new home and have a small livestock project, or will work well in

combination with Tract 1 or 3.

Tract 3 will be 109 +/- acres that lies in the corner of Hwy. AA and Morgan County W Beard Road. This

tract is primarily open, with just a few scattered trees; it has fences on two sides, and has been used

for permanent pasture and hay production. This would easily convert to tillable acreage.

Tract 4 will be 107 +/- acres that lies on the west side of the farm, it has frontage on Morgan County W

Beard Road. This tract is basically all open, and currently in grass, however there are existing terrac-

es so it could easily be converted to crop production.

There is rural water available on the farm, in addition to a deep well, and for grazing purposes water has

been extensively run over the farm, and for convenience there are lots of automatic waters.

These four tracts have been laid out to work on an individual basis with each having great access or can

be worked together in combination with other tracts or as a whole.

Gordon has been buying fescue seed for 20 years, and is currently the local agent for Pennington Seeds;

the facilities were all used this fall for buying seed and will be sold complete, so that the new buyer

can continue buying seed if they wish to do so.

Property taxes for 2013 on the 270 acres were $2578.78

Page 4: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

Auction Terms and Conditions

Procedure: Property shall be sold Subject to Confirmation of Bid by Seller.

Down Payment: Ten percent (10%) down payment the day of auction, upon signing a purchase agreement immediately following the close of bidding. The down payment may be paid in the form of personal check, business check, or cashiers check. The remainder of the purchase price is payable at closing within 30 days. YOUR BIDDING IS NOT CONDITIONAL UPON FI-NANCING, be sure you have arranged financing, if needed, and are capable of paying the bal-ance at closing.

Title: Sellers shall provide and execute a proper deed conveying the real estate to the buyer(s).

Buyer to pay title insurance cost.

Possession: Possession given at closing in 30 days or less.

Real Estate Taxes: The real estate taxes for the year 2014 shall be pro-rated to the day of closing.

Mineral Rights: The sale shall include 100% of the mineral rights owned by the sellers.

Easements: Sale of the property is subject to any and all easements of record.

Acreage: All acreage is approximate and has been estimated based on current legal descriptions and / or aerial photos.

Survey: Any need for a survey shall be determined solely by the sellers. At sellers’ option, sellers shall provide a survey for any parcel where there is no existing legal description or where the tract divisions create new boundaries. Closing prices shall be adjusted to reflect any difference between advertised and surveyed acres.

Closing: Anticipated closing date shall be on or before Tuesday – April 29, 2014 or on date mutu-ally agreed upon between the buyer(s) and the sellers conducted at the office of Hubbard-Kavanaugh Title Company – 106 South Fisher – Versailles, MO 65084 Phone 573-378-4411

Agency: Wheeler Auctions & Real Estate and its representatives are Exclusive Agents for the sellers.

Disclaimer: The property is being sold on an “as is, where is” basis, and no warranty or represen-tation, either express or implied, concerning the property is made by either the sellers or the auction company. Each bidder is responsible for conducting its own independent inspections, investigations, and all due diligence concerning the property and the auction. Information con-tained in this brochure is subject to verification by all parties relying on it. Diagrams/dimensions in this brochure are approximate. Acreage is estimated. All information contained in this bro-chure and any related materials are subject to the terms and conditions of sale outlined in the purchase contract. Auction conduct and bidding increments are at the sole direction and dis-cretion of the auctioneer. All decisions of the auctioneer are final. The sellers and the Auction Company reserve the right to preclude anyone from bidding if there is a question as to the per-son’s credentials, fitness, intent, etc.

New Data, Corrections and Changes: Please arrive prior to scheduled auction time to inspect any changes, corrections or additions to the property information. ALL ANNOUNCEMENTS AND INFORMATION GIVEN FROM THE AUCTION PODIUM SHALL TAKE PRECEDENCE

OVER PREVIOUSLY PRINTED OR STATED ADVERTISEMENT.

Page 5: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO
Page 6: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

PERSONAL PROPERTY – To sell after the real estate TRUCKS

2012 Ford F-350 Power Stroke 6.7L diesel Super Duty truck, 4WD, dually, 6 speed auto., A/C, P/S, P/B,

reg. cab., 14,560 miles, bought new, 6 new tires w/ Bramco 9’ steel bale bed w/ elec./ over hyd.

bale spear

2010 Ford 3/4 ton pickup bed for reg. cab pickup, new

2006 Dodge 1 ton dually bed, w/ flare fenders for reg. cab, new

TRACTORS

2008 MF 6465 w/965SL Loader, 2780Hrs, CAH, MFWD, 3SCV, Left Hand Reverser, Joystick, QA Bucket,

Buddy Seat, 18.4R38 Tires

1997 JD 7210, 4085Hrs, CAH, 3 SCV, New 18.4R38 Tires, 2wd

1997 JD 7210 W JD 740SL Loader, 7670Hrs, CAH, MFWD, Left Hand Reverser, QA Bucket, 18.4R38 Tires

FARM MACHINERY

NH 6830 Disc Mower, Pull Type, 10 1/2', 540 PTO, used 1 season

MF 2656A Round Baler, 5017 Bales, 5X6 Bale, Net Wrap, Auto Cycle

Hesston 12 Wheel Bi-fold Hay Rake, used 2 seasons

Claus 4 basket Tedder, Hyd. fold, used 3 seasons

Foremost 3 pt. hyd. bale unroller

Bush Hog 2715 Legend Rotary Cutter, Safety Chains, Solid Tires, 540 PTO, used on less than 200 acres

MF 880 4x18 Plow, semi mtd, gauge wheels, good coulters

AC 12’ wheel disc

3 pt. PTO broadcast grass & clover seeder

Bush Hog 121 Blade, 3pt, 9’, Hyd. tilt & angle

Kewanee 40’ hay & grain elevator

3) Kewanee 50’ hay & grain elevators

LOADER ATTACHMENTS

80” Quickie material bucket, Global hook-up

Two prong global hook-up bale spear

JD 84” material bucket for 740 Loader

JD 84” material bucket for 740 Loader w/ side extensions

JD two prong bale fork for 740 Loader

JD pallet fork for 740 Loader

Pallet fork attachment w/ global hook-up

Hyd. grapple 60” bucket w/ global hook-up

STRIPPER HEADER – HEADER TRAILER

MF 6020R Stripper Header, 20’ with adapter for MF & Int. combines

Combine header trailer

TRAILERS

2000 Load Master 32’ Gooseneck Flatbed Trailer, Tandem Axles with Dual Wheels, 14 ply tires, 5’ dovetail

with fold over ramps

2005 Haulmark 14’x82” Enclosed Utility Trailer, Tandem Axle, Bumper Hitch, w/rear fold down ramp

door, side door, Setup for 2 bikes, tie downs

1998 Coose 24’x7’6” Gooseneck Stock Trailer, Tandem Metal Roof, New floor & supports

14’ Flatbed Trailer, SA

2) 8 Bale Hay Trailers, Pull Type

CATTLE EQUIPMENT

Portable Corral system, w/trailer, 25) 10’ Corrals Panels w/ 8’ & 4’ Bow Gates (very nice)

Portable Loading Chute, All Metal, Factory Built

4) 2000# Calf Creep Feeders, Single Sided w/poly bottoms

Ressler 2½ Ton Portable Metal Cattle Self Feeder w/creep rails

2) Foremost Cattle Chutes, 1 w/palpation cage

Lot 8’ & 10’ Concrete Feed Bunks

3) 10’ Metal Feed Bunks

Hostettler 3000#Galvanized Cake Feeder w/12v auger for pickup

HMC 2000# Cake Feeder w/12v auger for pickup (currently mtd. on 2012 Ford pickup)

2) 15 Ton bulk bins w/ 6” auger, 1 ph. electric

SEED BUYING EQUIPMENT

2) Steinlite SS250 moisture meters, etc.

Steinlite G moisture meter

Lot of other related equipment includes electric shaker, screens, probes

Page 7: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

SHOP EQUIPMENT

Firepower FP260 Wire Welder

Millermatic 130 Wire Welder, 110v

Miller Bobcat 225G Welder/Generator

Napa 5 hp. Twin cyl. Air Compressor, 220 V, Vertical Tank

Acetylene Torch set

Lot of Jack Stands & Hyd. 20 Ton Bottle Jacks

Michlin 3½ ton Hyd. Floor Jack

Clarke Hyd. ATV jack

Shop Press Floor Model w/20 ton hyd. jack

Handy Electric Lift Motorcycle Work Bench

Stihl FS70 RC weed eater

Napa Cabinet Model Battery Charger

Skil 6” 110v right angle grinder

Makita 110v Sawzall

B & D 110v 1/2 hammer drill & bits

B & D 110v bench model cut off saw

DeWalt 110v skil saw

2) Shindaiwa 488 chainsaws

Portable JD Power Washer w/Honda 5 hp motor

72 Compartment bolt bin w/inventory

Craftsman 2 pc. 22 drawer roll-around tool chest, ball bearing drawers

2) 4’ sections of gray shelving

Lot hand tools include spades, shovels, mauls, axes, etc.

Lot gear pullers

Set 1/2” drive sockets

Set 3/8” drive sockets

CP 1/2” air imCraftsman air chisel & bits

Craftsman pneumatic die grinder

Lot of Craftsman metric & standard box end & combination wrenches

KAL battery tester

110v heat gun

Milwaukee drill

Skill & Dewalt 4” grinder

B & D electric 1/2 impact

Lot of hammers, screwdrivers, nut drivers, pliers

Set flex gear wrenches, metric & standard

EverCraft 1/2” drive 150 lb. torque wrench

Craftsman 3/4" ratchets & sockets

4) Sets deep Craftsman 1/2, 3/8 Standard and Metric sockets

Craftsman Standard 1/4, 3/8 & ½ Drive sockets, ratchets & extensions

1 5/16 to 2” combination wrenches

C clamps

Pipe wrenches

Aluminum extension ladder

Wood 10’ step ladder

TANKS

500 gal. LPG tank

200 gal. LPG tank

500 gal. fuel tank w/ 110 v. pump

2 - 200 gal. bulk oil tanks w/ hand pumps

125 gal. sq. tank w/ 12v pump

GENERATORS

Sycamore 7000 E Professional generator, 13 hp, electric start, 16.75 hrs,

120 & 240V, low oil protector

Winco portable 540 PTO generator, 25 KW, brand new

JD 1800 portable generator

ATV

2009 Polaris 800 4X4 ATV, Twin HO, 202 hrs. 1915 miles

HAY

Lot of approximately 250 big rd. 5 x 6 bales of 2013 net wrap fescue hay bales, outside

Page 8: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

PLAT MAP

Page 9: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

TR

AC

T M

AP

Page 10: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

FSA MAP

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Page 12: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO
Page 13: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO
Page 14: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

AGREEMENT TO PURCHASE REAL ESTATE AT

PUBLIC AUCTION

THIS AGREEMENT TO PURCHASE REAL ESTATE AT PUBLIC AUCTION (later called the “Agreement”), made and entered into as of this _29th day of March 2014 by and be-

tween _Gordon Nickels_ (collectively later called the “Seller”), and _____________ _____________________ (later called the “Purchaser”), as the highest bidder on the

property (as defined in Paragraph 1) at the public auction on this date (the “Auction”),

is made subject to the following terms, covenants and conditions:

1. PROPERTY: Seller agrees to sell and Purchaser agrees to purchase tract(s)

___________ sold as a total amount and/or tract(s) ____________ sold on a per acre basis with approximately _____________ total acres of real estate situated in

_Morgan County, Missouri. Purchaser hereby acknowledges and understands that the Property is being sold on an “as is where is” basis. Purchaser further acknowledge that this Agreement is not contingent upon financing and that failure to close this transac-

tion on or before Tuesday – April 29, 2014 due to any delay caused by Purchaser shall

constitute a forfeiture of the Earnest Money.

2. PURCHASE PRICE: Purchaser agrees to pay to the Seller the total sum of

___________________________________________________________ (the “purchase price”) subject to acreage determination by survey. Purchase price is fig-ured from ________________________________________________________

__________________________________________________________________________________________________________________________________________

____________________________________________________________.

Upon execution of this agreement, the Purchaser will pay by check and not in cash _________________________________________________________ (which amount

is equal to ten percent (10%) of the Purchase Price as Earnest Money made payable to

and to be held in the escrow account of Hubbard-Kavanaugh Title Company as escrow

agent, there under for delivery to the Seller at the time of closing or as otherwise pro-

vided for herein.

The balance of the Purchase Price shall be paid by Purchaser to the Seller at closing in

cash or form of payment acceptable to the Seller.

3. TITLE: Seller shall furnish Purchaser with an Owners Title Insurance Commitment

(Title Commitment), issued by Hubbard-Kavanaugh Title Company , Title insurance pre-

mium paid for by Buyer. The Title Commitment shall commit the subject title company

to issue Purchaser its standard owner’s policy in the amount of the purchase price,

showing title to the Property in the name of the Seller.

In the event that the Seller is unable to convey the Property in accordance with the terms of this agreement, Purchaser shall elect to either (a) take the Property encum-bered with the objectionable exceptions to the title and waive any and all objections

thereto without abatement of the Purchase Price, or (b) receive a refund of the Earnest Money, and upon such refund being made, this Agreement shall terminate and be of

no further force and effect.

4. SURVEY: If survey is necessary, survey shall be provided at _SELLER’s expense a

new survey reflecting the legal description, acreage and boundary lines

Page 15: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

for any Tract of the Property where there is no existing legal description or where new

boundaries are created by the divisions of Tracts at the Auction. Any need for a survey shall be determined at the sole discretion of the Seller. If a new survey is determined

to be necessary by the Seller, the Purchase Price shall be adjusted to reflect any differ-ence between the bid acreage and the surveyed acreage. Purchaser will then have a revised Purchase Price calculated by Multiplying the surveyed acreage by the actual

Purchase Price per Acre indicated in Paragraph 2.

5. CLOSING AND POSSESSION: The “Closing” shall take place on or before Tuesday – April 29, 2014, at the office of __Hubbard-Kavanaugh Title Company ___ and at a time

designated by the Seller and agreed upon by Purchaser. Concurrently with the Clos-

ing, Purchaser shall pay to the Seller the Purchase Price, less the Earnest Money as provided for herein. Upon full receipt of the entire Purchase Price by Seller, Seller shall deliver to Purchaser special warranty deeds from each selling entity conveying title in

the property to the Purchaser. Purchaser shall pay the charge for recording the Deed. Seller and Purchaser agree to execute any real estate transfer declarations required by

the state, county or municipality in which the Property is located. The Seller and Pur-chaser agree to provide and to execute such further documents as may be necessary or customary to close this Agreement (e.g., Seller Affidavit; FITPTA Affidavit; Organi-

zational documents and closing statement) and equally for closing costs. Purchaser

shall be entitled to possession of the property on the Closing date.

6. CASUALTY: Seller will keep the Property and Improvements insured until closing. If the improvements on the property are substantially damaged or destroyed by fire or other casualty prior to closing, then Buyer will have the option of accepting all of the

insurance proceeds and proceeding to close this Agreement, or terminating this Agree-ment. If this Agreement is terminated due to this paragraph then the earnest money

will be returned to the Buyer.

7. WARRANTIES: Purchaser acknowledges that Purchaser has been given an oppor-

tunity for a full inspection of the property and related information and further acknowl-edges with respect to this agreement that Purchaser is satisfied in all respects with the condition of the Property and all matters pertaining thereto. Purchaser accepts the

Property “as is” and in its present condition with Purchaser assuming risk thereof. Pur-chaser understands that Seller makes no warranty or representation of any kind, either

implied or expressed or arising by particular purpose of the Property or any portion thereof, and in no event shall Seller be liable for consequential damages. Purchaser acknowledges that Seller has not agreed to perform any work on or about the Property

as a condition of Purchaser’s purchase of it.

8. MINERAL RIGHTS: One hundred percent (100%) of the mineral rights owned by

Seller with respect to the Property, if any, shall be conveyed to Purchaser at Closing.

9. REAL ESTATE TAXES AND ASSESSMENTS: Real Estate taxes for the calendar year 2014 shall be Prorated to Date of Closing. Purchaser shall assume and pay real

estate taxes for the Property for all periods thereafter.

10. DEFAULT: If Purchaser fails to perform any obligation imposed by this Agree-

ment, Seller may serve written notice of default upon Purchaser and if such default is not corrected within ten (10) days thereafter, then, at the option of the Seller, this Agreement shall terminate and the Seller shall be entitled to retain the Earnest Money

paid hereunder as liquidated damages. The foregoing remedy in the event of default is

not intended to be the exclusive remedy of Seller, and Seller

Page 16: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

shall have the right to seek any other remedies available at law or equity, including

but not limited to specific performance. Default by Purchaser shall entitle Seller to court costs and reasonable attorney’s fees incurred in enforcing the provision of this

Agreement.

In the event of failure of Seller to perform the obligations imposed by this Agree-ment, Purchaser’s sole remedy hereunder is to terminate this Agreement and receive

a refund of the Earnest Money upon similar notice served upon Seller and similar ex-

piration time period.

The Escrow Agent, upon receiving an affidavit from the non-defaulting party stating that this Agreement has been terminated as provided herein, shall be entitled to rely

upon such affidavit and shall deliver the earnest money to the non-defaulting party.

11. ENVIRONMENTAL: The Purchaser acknowledges that the Seller has not made and hereby disclaims any and all representations and warranties, either express or

implied, regarding the environmental condition of the Property. The Purchaser shall rely upon its own independent investigation, inspection, inquiry, analysis, and due diligence to evacuate and ascertain the environmental condition of the Property. The

Purchaser has been advised that the Property is being sold “as is, where is” and that Seller is not representing or warranting that the condition of the Property is in ac-

cordance or compliance with any past, present, or future federal, state or local envi-

ronmental laws, regulations, requirements, or standards.

As a matter of corporate policy, Seller makes it a practice to expressly advise any purchaser that the improvements on the Property include materials, which may con-tain asbestos, and encourages Purchaser to investigate specifically whether asbestos

containing materials exist on the Property.

12. PROVISIONS RELATING SPECIALLY TO SELLER/TRUST/ TRUSTEES/ EX-

ECUTOR AND THEIR RESPECTIVE SPECIAL CIRCUMSTANCES: Trustee/Executor Disclaimer. Each fiduciary comprising Seller executes this instrument only in its representative capacity and shall not be bound or obligated hereunder except

in such capacity. Purchaser acknowledges and agrees that this Agreement is made by such fiduciaries solely in their fiduciary capacity as described in the signatures af-

fixed hereto, and that such fiduciaries shall not be liable for any breach or any failure to perform any obligation under this Agreement except from assets held in the fidu-

ciary capacity described.

13. PROVISIONS RELATING TO THE AUCTION COMPANY/ AUCTIONEER/

BROKERS/FINDERS/AGENTS:

(a)This Agreement is solely between Seller and Purchaser. Wheeler Auctions & Real Estate, L.L.C. (the “Auction Company”) and its licensed auctioneers are employed by the Seller. The Auction Company and its auctioneers shall not be liable for any pa-

tent or latent defects or deficiencies existing in the Property, improvements or other appurtenant structures thereon, nor for any information provided to the Purchaser.

The Purchaser acknowledges that it has conducted its own independent investiga-

tions, inspections, inquiries and due diligence concerning the Property.

(b) Commission. Notwithstanding any other provisions of this Agreement, the right

to commission, if any, payable to any agent representing either party to this Agree-ment shall not vest until the transaction is closed, and shall be payable only out of

proceeds of closing and said agent shall have equal right to any portion of Earnest

Money forfeitures.

Page 17: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

14. IRS 1031 TAX EXCHANGE DECLARATION (Optional):

It is agreed between the purchaser(s) and seller(s) that a material part of the consid-eration to the Purchasers for purchasing is that the Purchaser has the option to qualify

this transaction as part of a tax-deferred exchange under Section 1031 of the Internal Revenue Code of 1986 as amended. Sellers agree that Purchaser may assign this Agreement to an exchange intermediary of Purchasers choice. Purchaser agrees that

any and all additional expense, if any, shall be borne by Purchaser and Sellers agree to

fully cooperate to complete the exchange.

Seller hereunder desires to exchange, for other property of like kind and qualifying use within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended and the Regulations promulgated there under, fee title in the property which is the

subject of this Contract. Seller expressly reserves the right to assign its rights, but not its obligations, hereunder to a Qualified Intermediary as provided in IRC Reg. 1.1031

(k)-1(g)(4) on or before the closing date.

15. MISCELLANEOUS:

(a) Jurisdiction. This agreement shall be construed in accordance with the laws of the

State of Missouri. Any provision of this Agreement which is unenforceable or invalid, or the inclusion of which would affect the validity, legality, or enforcement of this

Agreement shall be of no effect, but all the remaining provisions of the Agreement

shall remain in full force and effect.

(b) Entire Agreement. This Agreement contains the entire agreement of the parties and no representations, warranties or agreements have been made by either of the

parties except as set forth in this Agreement.

(c) Heirs, Successors and Assigns. This Agreement shall ensure to the benefit of and shall be binding upon the Seller and Purchaser and their respective heirs, successors,

and permitted assigns, provided, however, that Purchaser may not assign its rights or

obligations hereunder without the prior written consent of the Seller.

(d) Time is Of the Essence. The time for performance of the obligations of this Agree-

ment is of the essence.

(e) Notice. All notices shall be in writing and shall be deemed to have been properly

delivered as of the time of delivery if personally delivered or as of the time deposited in the mail systems if sent by United States certified mail, return receipt requested,

and postage prepaid.

16. FSA/NRCS: Seller is obligated to maintain (if any) the current FSA Program and Basis on the above listed real estate. Buyer agrees to the division of FSA Program data

as a percent of cropland acres per tract. Buyer assumes the responsibility of any and all FSA or NRCS Programs currently in place. Buyer will be required to maintain and

comply with FSA regulations of the CRP contract.

17. Tenant Rights: Present tenant’s rights prevail if any.

18. SPECIAL AGREEMENTS (if any):

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Page 18: Prospectus for 3-29-2014 Nickels Real Estate & Personal Property Auction, Versailles, MO

IN WITNESS WHEREOF, the parties have executed this Agreement in three coun-

terparts, each of which shall be deemed an original instrument, as of the day, month

and year first above written.

SELLER: PURCHASER:

________________________ _______________________

________________________ _______________________

________________________ _______________________

________________________ _______________________

Address________________ Address________________

_______________________ _______________________

City, State, Zip __________ City, State, Zip __________

_______________________ _______________________

Phone _________________ Phone _________________

Email __________________ Email __________________

Date __________________ Date __________________

Lender Contact __________

_______________________

TITLE COMPANY INFORMATION:

Name ___Hubbard-Kavanaugh Title Company ____________

Address _106 South Fisher—Versailles, MO 65084_________

Phone ___573-378-4411 ________