METHOD OF SALE: Halderman Real Estate Services, Inc. (Russell D Harmeyer, OH Auct. Lic. #AC2001014575) will offer this property at public auction on January 29, 2024. At 6:30 PM, 160 acres, more or less, will be sold at the Preble County Fairgrounds, Expo Expansion Building, 722 South Franklin Street (SR 122)
Eaton, OH 45320. This property will be offered in three (3) tracts as individual units, in combination or as a whole farm. Each bid shall constitute an offer to purchase and the final bid, if accepted by the Sellers, shall constitute a binding contract between the Buyer(s) and the Sellers. 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 John Kramer at (937)533-1101 or Craig Springmier at (937)533-7126 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: A new boundary survey of the entire farm and legal description will be done by Kramer & Associates, LLC land Surveyors of Eaton, OH at the Seller’s cost. If a new survey is required to create individual descriptions for Tracts 1, 2 or 3, the cost for each tract shall be shared 50/50 with Sellers and Buyers. The Sellers 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. If a survey is completed for tracts 1 or 2, the purchase price for the surveyed tract 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. No Adjustment for acreage will be made for Tract 3 if a new survey is needed.
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 Sellers reserve 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.
OPEN HOUSES: Wednesday, January 17, 2024 from 11:00 AM – 12:00 Noon and Saturday, January 27, 2024 from 11:00 AM – 12:00 Noon.
CLOSING: The closing shall be on or before March 29, 2024. The Sellers have the choice to extend this date if necessary.
POSSESSION: Possession of Tracts 1 & 2 will be at closing. Possession of Tract 3, the house and barns, will on or before April 1, 2024. The tenant has the right to remove the Aluminum Framed Livestock Barn with Lean-to until May 1, 2024.
EXCLUDED PERSONAL PROPERTY: Personal Property items that are excluded from the sale are all TVs and Mounting Brackets; Basketball unit; Wooden Portable Shed; all T-posts, fence and gates; Large Standing Aluminum Framed Livestock Barn with Lean-To.
REAL ESTATE TAXES: At closing, the Sellers will pay all real estate taxes and assessments for 2023. The Buyer(s) will pay all taxes and assessments for 2024 and all taxes thereafter. Any and all CAUV recoupment will be the responsibility of, and paid by the Buyer(s).
DEED: The Sellers will provide a Trustee’s Deed at closing.
EVIDENCE OF TITLE: The Sellers will provide an Attorney's Certificate of Title to the Purchaser guaranteeing marketable title. If any buyer elects to purchase title insurance or Lender's Policy, the cost thereof shall be at buyer's sole expense. 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.
TOWNSHIP TRUSTEES CEMETERY: Tract 1 has a 1 acre township cemetery. The Buyer’s responsibilities for the cemetery are laid out in the Attorney’s Certificate of Title.
MINERAL RIGHTS: All mineral rights owned by the Sellers 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, Sellers disclaim 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 Sellers.
AGENCY: Halderman Real Estate Services Inc., Russell D. Harmeyer, Auctioneer, and their representatives, are exclusive agents of the Sellers.
BID RIGGING: Bid Rigging is a Federal Felony. Auctioneer will report illegal activity by any person to the FBI for investigation and prosecution. Title 15, Section 1 of the U.S. Code makes any agreement amongst potential bidders not to bid against one another, or to otherwise dampen bidding illegal. The law provides for fines of up to $100,000,000 for a corporate offender and $1,000,000 for an individual, plus imprisonment for up to 10 years.
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 Sellers 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 Sellers 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, Sellers 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 Sellers 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 Sellers 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.

Total Acres 160.00

Tracts 3

Type of Sale Auction

Key Features Located in Agriculturally Dominant Dixon Township

Property Address 1286 Wyatt Road, Eaton, OH 45320

Tillable Acres 128.090

CRP Acres 1.800

Home Acres 6.000

Other Acres 2.610

Start Auction Date January 29, 2024

Date January 17, 2024

Date January 27, 2024