June 4, 2022 10:00 am

Lincoln County, SD Acreage and Personal Property Auction

Owners: Spencer Wenbourne Estate

28654 471st Ave, Beresford, SD

We will sell the following real estate and personal property at public auction at the acreage site located 28654 471st Ave, Beresford, SD. From Sioux Falls, 16 miles south on I-29 to the Davis-Hurley Exit # 59, ½ mile east on 285th St and 1 ½ miles south on 471st Ave.

Auctioneer’s Note: Location! Location! Location, minutes from Sioux Falls, this 4 ½ acre acreage offers the benefits of rural living with the conveniences of a large city nearby. The ranch style home was built in 1961, 3 bedroom, one bath, 1040 sq ft, single car garage, rural water, 26’ x 70’ shed, detached garage, shelter belt. Plenty of room to enjoy gardening and the outdoors. Real Estate will sell at 10:00 AM, machinery, tools and household to follow. Open House Saturday, May 21, 10-11:30 AM. See next week’s ad for machinery and personal property items. For pictures and other auction information visit our website at:  www.westraauction.com.

Legal Description: Acreage in the N ½ SW ¼, 8-97-50. Lincoln County, SD

TERMS: 10% nonrefundable down payment the day of the auction with balance due at closing on or before July 11, 2022.  Acreage to be surveyed and paid for by the seller. Title insurance and closing costs split 50/50 between buyer and seller. 2021 taxes due in 2022 to be paid by the seller. 2022 taxes due in 2023 will be prorated to closing date. The sellers do not warranty or guarantee that the existing fences lie on the true and correct boundary and new fencing, if any, will be the responsibility of the purchaser pursuant to SD statutes. The property is sold in as is condition and as a cash sale with no financing contingency.  Sold subject to existing easements, restrictions, reservations, or highway of record, if any. Information is deemed to be correct but it is not guaranteed. All prospective buyers are encouraged to inspect the property and verify all data provided.  Statements made the day of sale take precedence over all written advertising.  Real Estate licensees are agents for the seller.  Sold subject to confirmation of owner.

Spencer Wenbourne Estate, Owner

Brenda Ask, Closing Attorney

Please carefully read the terms listed below. Thank You!

Zomer Auctions, its Employees and representatives (hereinafter “Company”) act merely as agents for Seller(s). All final bids are subject to the Seller's confirmation. The top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied and you agree to purchase and accept the property in an as-is condition. Information on the property is obtained by us from the Seller(s) and other sources and you hereby agree to hold harmless Company for any errors or omissions regarding the property being sold. This information includes but is not limited to physical condition, features, inadvertent errors in cataloging, authenticity or imperfections not specifically noted and other data pertinent to the value of the item. Buyers are responsible for conducting their own inspection during Open Houses/Inspection periods or by appointment. Printed or verbal statements made by Company are matters of opinion and are made in good faith. Any announcements posted the day of the auction or announced at the live auction take precedence over all prior advertisements.
 
You acknowledge that you have the right and responsibility to inspect the property personally, or to have a third-party representative inspect the property for you. That by bidding on the property you have agreed to accept that property in its present condition with the description provided whether accurate or not.

Auction Close: Upon the completion of an auction and notification from the auction company to the buyer of the acceptance of the buyers bid by the seller. The buyer does hereby agree to immediately enter into a purchase agreement with the terms stated and shall immediately provide the earnest money deposit due.

These terms and conditions and any dispute arising out of or related to an auction shall be governed by and construed and enforced in accordance with the laws of the State of Iowa. Any legal action must be brought in Sioux County, Iowa, or another jurisdiction of Company’s choosing. Buyer agreed to abide by the laws of the State of Iowa.

When using our online auction services you are making firm commitments to purchase said property and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason.  Fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. Buyers also acknowledge that the Internet may be an unreliable and error prone network. Company does not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion or that current bid shown is accurate. Buyers agree to hold Company harmless for any interruptions of online bidding. Further, Company has the sole discretion to accept or refuse any bid. Company retains the right, at Company’s sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice. Please review auction terms often.

Bidder/Buyer responsibilities include but are not limited to the following:

All Buyers must provide their name, email address, daytime phone number and physical address at which they can be contacted for timely and accurate communication between Company and Buyer throughout any transaction or auction. Failure to maintain accurate and current contact information on Buyers account may lead to suspension of their account access until current contact information is provided to Company. All Buyers must provide valid credit card information, wire information or proof of funds if requested.

Buyers shall obey any and all local, state and federal laws and any and all violations of the same will result in termination of bidding and website use privileges with Company.

The final bidding will close and remain closed and no adjustments shall be made after closing.

Bidders acknowledge that online only auctions have an auto extend feature that means the auction will not close until all bidding parties are represented and satisfied. A bidder can place a max bid on one or more lots. The current bid price does not automatically go to the max bid unless the bidder selects to raise the bid to that price immediately by selecting the raise bid option. When another bidder increases the current bid then the computer will automatically increase the bid in the increment specified reaching your max bid only by ongoing bidding activity.

Company reserves the right to reject any and all bids for any reason. Company shall not be held responsible for any missed bids. All auctions are subject to the sellers confirmation.

Bidder shall be held liable for all bids placed from the bidders account.

Bidder acknowledges that some tracts may be sold in total dollars and some may be sold per acre. The tracts sold per acre shall be the purchase price times the gross acres of the property sold. Bidder acknowledges that the online platform may not always show the tenths of an acre sold however bidder acknowledges that the purchase price will still be calculated using the total gross acres of the tract being sold including the tenths even if they are not displayed.