Credit card is required for registration BUT will not be charged. $5,000.00 earnest deposit is due with signing of purchase contract and can be paid with check. Balance due at closing in certified funds with delivery of marketable title, on or before January 15, 2022 unless additional time is needed to perfect title. Security 1st Title Co., Lyons, KS will be the escrow and closing agent. Title insurance and closing costs will be split 50/50 between Buyer and Seller. Property sells as is, where is with inspections responsibility of Buyer. All inspections must be made before sale day. This sale is NOT contingent upon Buyer obtaining financing and earnest money deposit is non-refundable. Present taxes $612.57 per year. Seller pays 2021 and all prior taxes. 2022 taxes will be prorated to date of closing. Buyer will be given possession of garage and metal Wick building on or before January 15 with closing of this transaction and delivery of marketable title. Possession of the house to be given in regards to tenants' rights on or before February 1, 2022. All agents of Farms America are agents for the Seller. VIEW PROPETY: December 6th 5:00 p.m.-7:00 p.m. OR by appointment with 24 hour notice. Call Jim @ 620-257-8148 TERMS AND CONDITIONS- Registering to bid on this online auction is stating that Bidder has read and agreed to the following Terms and conditions. Thank you for participating this online auction. The auction will be conducted by Farms America Real Estate on behalf of the owner of the real estate located at 811 W Main-Lyons, Kansas. The real estate is being offered for sale via on-line auction beginning Thursday December 9, 2021 at 8:00 a.m. CST with soft close beginning 8:00 p.m. CST Wednesday December 15, 2021. A full and legal description is included in the Diligence, a copy of which is available for inspection from Farms America. 1. All bidding for this real estate auction is conducted online only with a soft close. Bidding in the last five minutes will extend the time of closing by 5 minutes. A Buyer's Premium of 5% is added to the high bid. Please take this into consideration when bidding. This property is being sold to the highest bidder through this Online Auction with no reserve. Bidders hereby understands that the Buyer’s Premium shall be added to the winning bid to create the Total Contract Price for which they are obligated to pay. At the close of the auction, auctioneer will contact the successful Bidder to set up time to sign a Contract for Sale of Real Estate to be executed within twenty-four (24) hours of the completion of the auction along with $5,000 earnest money. If method of payment of the earnest money is made by credit card, there will be a 4% fee charged. The entirety of the remaining balance is due at closing December 15, 2021 with certified funds. 2. To register, potential bidder must register with credit card, which will NOT be used unless winning bidder chooses to use for earnest deposit. Any person who registers or bids at this Auction agrees to be bound by these Terms and Conditions, the auction announcements, and, in the event that Bidder is the successful bidder, the Contract for Purchase. If you need assistance in registering for the auction call Mary at 620-257-8147 for assistance. 3. The Real Estate is not offered contingent upon inspections. The Real Estate is offered at public auction in its present “as is where is” condition and is accepted by Bidder without any expressed or implied warranties or representations from Seller or Farms America. It is incumbent upon Bidder to exercise Bidder’s own due diligence, investigation, and evaluation of suitability of use for the Real Estate prior to bidding. It is the Bidder’s responsibility to have any and all desired inspections completed prior to bidding including but not limited to, the following: roof; structure; termite; environmental; survey; encroachments; groundwater; flood designation; presence of lead-based paint or lead based paint hazards; presence of radon; presence of asbestos; presence of mold; electrical; appliances; heating; air conditioning; mechanical; plumbing (including water well, septic or lagoon compliance); sex offender registry information; flight patterns; or any other desired inspection. Bidder acknowledges that Bidder has been provided an opportunity to inspect the Real Estate prior to the auction and that Bidder has either performed all desired inspections or accepts the risk of not having done so. Any information provided by Seller or Farms America has been obtained from a variety of sources. Seller and Farms America have not made any independent investigation or verification of the information and make no representation as to its accuracy or completeness. In bidding on the Real Estate, Bidder is relying solely on Bidder’s own investigation of the Real Estate and not on any information provided or to be provided by Seller or Farms America. 4. Notwithstanding anything herein to the contrary, to the extent any warranties or representations may be found to exist, the warranties or representations are between Seller and Bidder. Farms America may not be held responsible for the correctness of any such representations or warranties or for the accuracy of the description of the Real Estate. 5. This online only auction is not contingent on or subject to financing, appraisal, survey, or inspections of any kind, as agreed to by bidders at registration prior to bidding and specified in the Contract for Sale of Real Estate. The earnest deposit of $5,000.00 given by Buyer upon signing of Real Estate Purchase Contract at conclusion of auction is non-refundable. 6. In the event that Bidder is the successful bidder, Bidder must immediately execute the Real Estate Purchase Contract and tender a nonrefundable earnest money deposit in the form of cash, check, or immediately available, certified funds and in the amount set forth by Farms America. The balance of the purchase price will be due in immediately available certified funds at closing on or before January 15, 2022. The Real Estate must close within 30 days of the date of close of the auction, or as otherwise agreed to by Seller and Bidder. 7. Possession of real estate purchased through this online auction will be transferred in the following manner: Possession of the garage and metal Wick building will be given upon full payment and delivery of marketable title at closing of this transaction on or before January 15, 2022. Possession of remaining buildings and house will be given by February 1, 2022 per tenant’s rights. 8. A bid placed by Bidder will be deemed conclusive proof that Bidder has read, understands and agrees to be bound by these Terms and Conditions 9. These Terms and Conditions, especially as they relate to the qualifications of potential bidders, are designed for the protection and benefit of Seller and do not create any additional rights or causes of action for Bidder. On a case-by-case bases, and at the sole discretion of Seller or Farms America, exceptions to certain Terms and Conditions may be made. 10. In the event Bidder is the successful bidder at the auction, Bidders bid constitutes an irrevocable offer to purchase the Real Estate and Bidder will be bound by said offer. In the event that Bidder is the successful bidder but fails or refuses to execute the Real Estate Purchase Contract, Bidder acknowledges that, at the sole discretion of Seller, these signed Terms and Conditions together with the Real Estate Purchase Contract executed by the Seller are to be construed together for the purposes of satisfying the statute of frauds and will collectively constitute an enforceable agreement between Bidder and Seller for the sale and purchase of the Real Estate. 11. Farms America is not responsible for errors in bidding and Bidder releases and waives any claims against Farms America for bidding errors. Once a bid has been acknowledged by the auctioneer, the bid cannot be retracted. 12. Technical Issues: In the event there are technical difficulties related to the server, software, internet or any other auction related technologies, Farms America reserves the right to extend bidding, continue the bidding or close the bidding. Neither the company providing the software, nor Farms America shall be held responsible for the failure of the software to function properly for any reason. 13. Farms America is acting solely as agent for Seller and not as an agent for Bidder. Farms America is not a party to any Real Estate Contract between Seller and Bidder. In no event will Farms America be liable to Bidder for any damages, including incidental or consequential damages, arising out of or related to this auction, the Real Estate Purchase Contract or Seller’s failure to execute or abide by the Real Estate Purchase Contract. 14. Neither Seller nor Farms America, including its employees and agents, will be liable for any damage or injury to any property or person at or upon the premises. Any person entering on the premises assumes any and all risks whatsoever for their safety and for any minors or guests accompanying them. Seller and Farms America expressly disclaim any “invitee” relationship and are not responsible for any defects or dangerous conditions on the premises, whether obvious or hidden. Seller and Farms America are not responsible for any lost, stolen or damaged property. 15. Farms America reserves the right to establish all bidding increments. 16. Farms America may, in is sole discretion, reject, disqualify or refuse any bid believed to be fraudulent, illegitimate, not in good faith, made by someone who is not competent or made in violation of these Terms and Conditions or applicable law. 17. Bidder represents and warrants that they are bidding on their own behalf and not on behalf of or at the direction of Seller. 18. The Real Estate is offered for sale to all persons without regard to race, color, religion, gender, handicap, familial status or national origin. 19. These Terms and Conditions are binding on Bidder and on Bidder’s partners, representatives, employees, successors, executors, administrators and assigns. 20. In the event that any provision contained in these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the reaming provisions of the Terms and Conditions will not be in any way impaired. 21. These Terms and Conditions are to be governed by and construed in accordance with the laws of Kansas, but without regard to Kansas’s rules governing conflict of laws. Exclusive venue for all disputes lies in either the Rice County, Kansas District Court or the United States District Court in Wichita, Kansas. Bidder submits to and accepts the jurisdiction of such courts.