TERMS AND CONDITIONS OF SALE
SELLERS: Clayton & Amy McIlvain
ACREAGE: Selling as 160 acres more or less.
DESCRIPTION: Vaughn-Roth Land Brokers proudly presents this high-quality Native grass pasture with recreational appeal located east of Madison in Greenwood County on behalf of Clayton and Amy McIlvain. The McIlvains have been reputable cattle producers in the area for multiple generations, providing high-quality stewardship for their pastures which is quickly evident when touring this parcel.
This auction will be conducted online with bidding starting on April 8th, 2023 at Noon and closing on April 11th, 2023. The auction will feature a dynamic closing beginning at 2:00 P.M. on the 11th. Please visit our website to register to bid or call Cameron Roth at 785-917-0867 to arrange phone bidding if you'd prefer that method.
Whether you desire to expand your cattle operation, purchase a piece of the Flint Hills for recreational enjoyment or a beautiful spot to build a home, you'll want to take a look here! This offering totals 160 acres more or less and is a shining testament to the resiliency of the Native grass pastures of the Flint Hills region. The grasses on this parcel are in tremendous condition, especially when considering they just endured an unusual drought that extremely stressed lesser grasses. Heavily dominated by Big Bluestem and Indian varieties, this pasture remained productive and palatable this past summer while tame grass pastures struggled.
The barbed wire fences on this tract range from adequate to excellent with the west fence being five-strand rated excellent, the south being five-strand rated very good, the north being five-strand rated adequate and the east side has a stretch rated excellent and another stretch rated adequate.
Water is also a tremendous attribute on this parcel, featuring two ponds with one in the north half and one in the south half and a wet-weather drainage running through the majority of the property from east to west. According to Coffey County Rural Water District # 2, there is a rural water line adjacent to this property near the southwest corner, along the west road and along the north road. They indicated if someone wants to add a meter to this line, there would be an engineering study required. Please contact Mike with CCRWD #2 at 620-437-6523 for more rural water details.
For those looking for hunting opportunities, don't look past this prospect. The heavily wooded draw with wet-weather creek is home to a resident whitetail population that we see just about every time we visit the property. This tract has never been leased for hunting, so the pressure has been low and there's a ton of upside with proper management and addition of foodplots.
Finally, for those looking to build your dream home, there's multiple beautiful Flint Hills vistas providing commanding views of the property and surrounding region. This offering would make an absolutely picturesque oasis to get away from city life but provide easy commutes to towns not far away. There are electric lines running along the south and west boundaries as well as near the northeast corner that should provide plenty of cost-effective options for service. Please contact Mike at Coffey County Rural Water District #2 at 620-437-6523 for questions regarding rural water line locations, costs and availability.
BRIEF LEGAL DESCRIPTION: The Southwest 1/4 of Section 12, Township 22 South, Range 12 East of the 6th P.M., Greenwood County, Kansas.
RESTRICTIONS: This real estate sells subject to (1) all County and State laws, ordinances, and regulations and (2) any easements, encumbrances, leases, and restrictions applicable to the property.
EARNEST DEPOSIT: Earnest money in the amount of $30,000.00 payable to Greenwood County Title is due on auction day and upon signing the purchase contract. The earnest deposit can be paid in the form of personal or business check, cashier's check or certified check. The Buyer's earnest deposit is non-refundable unless the Seller fails to close on this transaction due to the Seller's inability to deliver marketable title.
MINERALS: The Seller's mineral interest shall transfer to the Buyer.
POSSESSION AND TENANCY: Full possession shall be at closing.
TAXES: Property taxes will be pro-rated to the date of closing. Taxes for any previous years are to be paid by the Seller. Property taxes are estimated to be $553.20.
TITLE/CLOSING COSTS: Seller and Buyer shall share equally in the cost of owner's title insurance and escrow closing fee. A preliminary title policy has been prepared by Greenwood County Title and will be updated with Buyer information prior to closing. Buyer is responsible for cost of any lender's policy.
TITLE EVIDENCE/DEED: Seller will deliver to Buyer an insurable deed for the property at time of closing, conveying clear and marketable title to said property, free of all encumbrances, liens and judgment, except for those lawful conveyances and restrictions that exist on record before the date of the auction as noted in the title insurance commitment.
PROPERTY SOLD "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND: This real property shall be sold subject to conditions, restrictions, right-of-way easements, and reservations, if any, of record, filed and untitled mechanic's and material liens.
CLOSING: Buyer must close the transaction for this real estate on or before May 5th, 2023. The balance of the purchase price must be paid by cashier's check or wired funds at closing. The purchase is not contingent on financing.
AGENCY: The Broker/Auctioneer is acting as Agent for the Seller only. All information and materials provided by the Broker is subject to inspection by all interested parties. Prospective bidders should independently verify any information being relied upon in making a purchasing decision.
LIQUIDATED DAMAGES: Buyer will forfeit all of their earnest deposit if they cannot close within the stated time herein and no written extension has been granted by the Seller. If such actions occur, Greenwood County Title hereby has the right to disperse the earnest deposit as determined by Vaughn-Roth Land Brokers and the Buyer has no claims to such money or property being sold. If the Sellers default on this transaction due to inability to deliver marketable title, the earnest money will be returned to the Buyer in full.
BIDDER'S DUTY TO INSPECT: All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the Seller, the Broker or any other person or entity. Personal inspection of all property by potential bidders is strongly recommended. All sales are subject to the conditions and terms contained herein. The failure of any bidder to inspect or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of-way, or any other information that can be obtained as public record in the County courthouse or any municipal office concerning subject properties. Any and all announcements made at the time of auction take precedence over all other verbal, printed, announced, and/or distributed information. Please note that you are bidding to purchase the property as is.
CONTRACT: Vaughn-Roth Land Brokers requires that the winning bidder close on this transaction prior to assigning the property to another party. There will not be any division of the property, writing of multiple contracts or requirement of more than one closing related to this transaction.
BIDDING: Will be by the total dollar amount.
CONTINGENCIES: This real estate is selling as-is and is not contingent upon inspections, appraisals, approval of financing or any other requirements by any entity. If the Buyer fails to close on this transaction, the earnest money due on auction day shall not be refunded unless the Seller cannot deliver marketable title.
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