By your registration and bidding you are accepting the following Real Estate Auction Terms and Conditions.
First Choice Realty, Inc and Wagenson Auction Service
Real Estate On-Line Auction Terms and Conditions
If, you do not understand these terms or the bidding platform, DO NOT BID.
Please call Carol at 608-548-3161 or Mary Jo at 608-343-5656
ADDENDUM M to the Real Estate Offer to Purchase
Addendum M attached is made part of the Offer to Purchase dated April 16, 2024,
made by the buyer, with respect to the property parcel #030-00828-0000, Town of Oakdale, Tomah, WI.
Forty (40/-) acres, per assessor, is adjacent and West of Parcel #030-00829-000, (addressed as 18403 Island Road.) Auction parcel DOES NOT include 18403 Island Road.
Auction Parcel is identified by Tax Parcel Number only. #030-00828-0000
Per Monroe County assessor the property consists of 40 Acres of woodland.
The driveway access is an EASEMENT:
1. Easement is described as: An easement for ingress, and egress, including utilities, described as follows: Beginning at the SW corner of the SE ¼ NW ¼ of Section 32, T17N-R1E; thence East along the South line of the SE ¼ NW ¼ to the centerline of Island Road; thence Northeast along the centerline of Island Road 110 feet; thence Westerly to a point on the West line of the SE ¼ NW ¼ 175 feet North of the SW corner of the SW ¼ NW ¼ ; Thence South along the West line of the SE ¼ NW ¼ 175 feet to the point of beginning. Said Easement to provide access for the SW ¼ NW ¼ of Section 32, T17N-R1E, Town of Oakdale, Monroe County, Wisconsin.
The property is owned by Carol M. Horn Trust.
2. Buyer's Fee: There will be a 10% buyer's fee added onto the highest bid price to determine the actual offer to purchase price: Example: Bid Price $100,000 plus $10,000 (10% buyer's fee) equals purchase price of $110,000.
3. The buyer will sign an Wisconsin Real Estate Offer to Purchase, in the form provided, without modification, immediately after being declared the high bidder. This Addendum M, Real Estate Condition Report, Agency Disclosure is part of the offer to purchase.
(A sample of the Offer to Purchase may be delivered to bidder by calling 608-548-3161 and requesting the offer to purchase document. Do NOT Bid unless you understand the Offer to Purchase contract. )
4. All offers are CASH OFFERS and are not subject to any contingencies, whatsoever. There will be no modification of the offer to purchase. Seller does not agree to and property is being sold without any contingencies, such as financing, appraisal, survey or inspections of any kind. Real Estate Broker will work with buyers & financial institutions, but the offer to purchase is not contingent upon loan and appraisal requirements. This is agreed to by bidder, at the time of on-line registration, prior to bidding.
6. EARNEST MONEY: Within 24 hours of notification of winning bid, the Buyer(s) to pay $5000.00 EARNEST MONEY, which is non-refundable, in the form of a certified check to First Choice Realty, Inc. at 724 W State St. New Lisbon, WI 53950, via overnight mail, or in-person delivery. Buyer may wire funds to First Choice Realty, Inc. for wiring instructions call 608 548 3161. Buyer will be responsible for any wire transfer fees.
7. EARNEST MONEY Cont.: Upon acceptance of the real estate offer to purchase, by seller, Carol M. Horn, the buyer's earnest money will apply towards the purchase price. Ms. Horn has every intent to sell the property upon the closing of the on-line auction. If for any reason, the buyer's offer is rejected, the earnest money will be refunded in full to the buyer. Earnest money will remain in the Trust Account, if offer is countered, up to the time there are no longer negotiations or property closes. Buyer agrees to release earnest money to seller as liquidated damages if the buyer fails, for any reason, to complete the transaction, once accepted.
8. Buyers' Responsibility for Signing Documents: Successful bidders not executing and returning contracts with earnest money deposit, within 24 hours, will be considered in default (breech) of contract and the seller may take legal action. Bidding is considered a binding legal contract. If the first buyer is in default, the immediate back-up bidder will be given the first opportunity to purchase under the same terms and conditions.
9. Offer to Purchase Documents will include the following: Wisconsin Real Estate Offer to Purchase; Addendum M, Terms and Conditions of the Auction; Real Estate Condition Report; On-Line Auction Information and Terms; Addendum D-electronic email delivery. Agency Disclosure
10. Agency: First Choice Realty Inc and Wagenson Auction Service are representatives and agents of the Seller. At the execution of the offer to purchase, buyers will sign an agency disclosure.
11. Co-Broke & Buyer's Agency: All buyers are responsible to notify auction company, Wagenson Auction Service or real estate company, First Choice Realty Inc, of any potential buyer's agency contracts in place, before registration and bidding on the auction. No buyer's agencies will be recognized within 24 hours prior to auction close. Agents MUST show property 24 hrs or more prior to closing of auction for co-broke.
12. Evidence of Title: Seller shall provide an owner's title insurance policy in the amount of the purchase price. Seller to provide buyer with a clear title. If the seller is unable to provide a clear title the buyer may void the offer and earnest money will be refunded to buyer.
13. Deed: Seller shall provide a deed and transfer to the property at seller's cost. Seller to pay transfer tax. The seller is responsible to have any unpaid taxes, any judgements, any encumbrances cleared at the time of closing.
14. Closing & Possession:?Closing to be on or before May 20, 2024. Possession is at closing. Any activity on the land prior to closing must be in writing with the seller. Showings must be scheduled through Carol Wagenson at 608-548-3161 or with buyer agent. No unattended showings.
15. Closing fees to buyer: Any bank fees for acquiring a loan; any additional testing or inspections, $30.00 to file deed, title company closing fees.
16. Real Estate Taxes: All taxes will be prorated to the day of closing, using previous year's tax amount. Any unpaid taxes will be paid prior to closing, by the seller.
17. Zoning: Property is zoned agriculture productive forest. It is not in any managed forest or government programs. Buyer is responsible for any change of zoning for future use, if required.
18. Easement: Subject to any and all easements of record, including utility easements. Adjoining neighbor, Ewing, has an access easement in SW corner 50x100 feet. Oakdale Electric has a an utility easement. Easement for access for driveway to buyer.
19. Dumpsites and Abandoned Buildings: There is a wooden garden shed on the property. No condition to be provided. Any additional buildings, foundations or dumpsites are unknown to seller and to be buyer's future responsibility. Any remaining personal property at the time of closing to become buyer's ownership.
20. Inspections: Any inspections requested by the buyer, prior to bidding, to be buyer's responsibility. Seller will allow inspections with written request and approval.
21. Buyer is buying property in its present "AS IS, Where IS, How IS" condition, with all faults-known or unknown, whether disclosed or not disclosed. The buyer agrees that neither the seller, broker or auctioneer offer any warranties or representations, of any type, now or in the future. It is agreed that buyer will not sue for any non-disclosures or errors. All descriptions, easements, measurements and acreage provided by the seller and First Choice Realty Inc. are to be used as a guide only. The buyer shall be satisfied as to the location and condition of the property, all descriptions with respect thereto, prior to bidding.
22. Damage to Property prior to closing: Seller is to keep property in same condition as time of auction. Seller will not be responsible for any downed trees from natural causes.
23.Due Diligence: Each buyer is responsible to conduct their own due diligence on the property, before bidding.
24. Seller, Carol Horn trust, will have 48 hours , from close of auction, to accept or counter auction offer.
_________________Accepted as read by buyer
ON-LINE Auction Information and Terms for Parcel 3000828000,
Town of Oakdale, Tomah, WI
1. Auction End Times: Wagenson Online-Only Auctions are timed events. Bidding will close on Tuesday, April 16, 2024 at 1:00 PM CST. . At the discretion of the auction service, dates and times may be adjusted.
2. Automatic Extend Feature: The on-line auction has an auto-extend feature. Any bids placed in the final 10 minutes of the on-line auction will automatically be extended 10 minutes from the time the last bid was placed. The auto-extend feature remains active until no further bids are received, within a 10 minute time frame. Auction company employees and/or the auction company may bid on auction items.
3. Acceptance of Bid Prices: Successful bidder(s) will be required to enter into a purchase agreement immediately following the close of the auction. First Choice Realty of Tomah, Inc. will e-mail documents to be immediately executed, via electronic signature, face-to-face, fax or e-mail. First Choice Realty of Tomah, Inc. is to receive signed documents by 2 PM CST, Wednesday, April 17, 2024. The seller has the right to accept or counter the final bid within 48 hours of close of auction.
4. Bidder Verification: Wagenson Auction Service and First Choice Realty have the right to reject a buyer's registration. The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, Wagenson Auction Service will reject the registration, and bidding activity will be terminated. The seller and selling Agents reserve the right to preclude any person from bidding if there is any question as to the person's credentials, financials, etc. Bidders agree to keep their username and password confidential as they are responsible for ANY and ALL activity involving their account. When using the website, you must obey any local and all local state and federal laws. Violations will result in termination of web site use privileges. By obtaining a bid number you agree to being contacted by email.
5. UPDATES, NEW DATA, CORRECTIONS AND CHANGES: Please make a final review on website at Wagensonauctionservice.com prior to scheduled auction time, to be aware of any changes, corrections, or additions to the property information.
6. Disclaimer & Absence of Warranties: All information, in regard to this auction, are subject to the terms and conditions outlined in the purchase agreement. The property is being sold on an "AS IS, WHERE IS" basis, and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. All measurements are approximate per assessor. No survey will be completed prior to closing.
7. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information provided is subject to verification by all parties relying on it. Wagenson Auction Service, First Choice Realty Inc, seller, Carol Horn, Trust and agents have no liability for its accuracy, errors, omissions or assumptions. Conduct of the auction and increments of bidding are at the direction and discretion of the auctioneer. All decisions of the auction company are final. Any dispute between auction company and buyers will be dealt with through arbitration in Juneau County Wisconsin for Real Estate. By bidding on the property at auction, buyer agrees to all terms and conditions as set forth.
8 Any information gathered from this web site by Wagenson Auction Service, not limited to data collected for page visitors, visited pages and all correspondence is agreed upon. You give Wagenson Auction Service and First Choice Realty permission to send marketing emails to this email address.
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