Exhibit A
Terms and Conditions of Multi-Par (ULTIMATE CHOICE BIDDING SYSTEM) Online Only Real Estate Auction
The parcels in this Auction, known as, Tract 1, Tract 2, Tract 3, Tract 4 and Tract 5, currently have a functioning irrigation and electrical system in place. Some of the parcels are benefited from or are burdened by the irrigation system.
• A burdened property refers to a piece of real estate that is subject to a legal restriction or obligation, typically in the form of an easement, covenant, or other encumbrance, which benefits another property (known as the "benefited property") and limits the use or development of the burdened property; essentially, it is land that is "burdened" by a restriction that benefits another parcel of land.
• A benefited property is a property that receives benefits from a project, easement, or other source.
The properties subject to this auction, Tract 1, Tract 2 and Tract 3 have an agricultural irrigation system with corresponding pipeline and electrical runs and service. The system has shared components including but not limited to pipeline and electrical runs which may include an electrical service. The purchaser of Tract 1, Tract 2, Tract 3, or a combination thereof will have deeded to them a share ownership of Parcel 27-10-5-27-3001-006. This parcel is located between the Flint River and Morseville Rd. and is the current location of the pump for the irrigation line for Tract 1, Tract 2, and Tract 3. If the repairs and maintenance are made to the pump system, then all parties with a shared interest shall split the cost to repair or replace said pump equally.
Some parcels in this Auction have signed agreements with landowners regarding the irrigation and/or electric systems. Those agreements may or may not be enforceable.
Some parcels that are not subject to this auction have pipeline and/or electrical lines running under the property, there are signed agreements with landowners regarding the irrigation and/or electric systems run under their property in the form of easements and licenses. Those agreements may or may not be enforceable. The property owners will be responsible for working out any agreement with the other existing owners and/or purchasers of the other Tracts to reach a mutual agreement for the use and apportionment of cost of the irrigation system and power. It is highly recommended that any parties considering purchasing these tracts review the corresponding maps showing the approximate location of the pipeline.
The purchaser of Tract 4 and/or Tract 5, or a combination thereof will be subject to an Easement Agreement for the irrigation and electric systems. After purchase, the purchaser will be responsible for creating an easement/agreement for any shared usage required for the irrigation system to function including the use of the electrical services for the parcels. Some parcels in this Auction have signed agreements with landowners regarding the irrigation and/or electric systems. Those agreements may or may not be enforceable. The property owners will be responsible for working out any agreement with the other existing owners and/or purchasers of the other Tracts to reach a mutual agreement for the use and apportionment of cost of the irrigation system and power.
Crowe Auctions make no representations about the future use of the agricultural irrigation system and discloses that the future use could be predicated on the relationships of separate owners and the enforcement of existing easements or licenses. Crowe Auctions make no representations about the enforceability of these easements or licenses and potential bidders should seek legal advice if they have questions. Seller and Purchasers of individual and/or combination of Tracts of land in this Auction will hold Crowe Real Estate & Auction Co. harmless for any and all issues regarding the functionality or use of the irrigation and corresponding electrical systems.
Multi-Par (ULTIMATE CHOICE BIDDING SYSTEM): The “Ultimate Choice” bidding system allows someone to bid on individual tracts or a combination of tracts throughout the auction. This auction system DOES NOT include a maximum bid feature; the price will increase to the bid amount that is entered for both individual tract bids or combination bids. Any posted bid is considered active and could be back in winning position any time during the auction due to different combinations being offered. Combination bidding will be allowed one week prior to sale end date. The final auction price will be determined by the combination which realizes the highest bid. If you have any questions about this system, please do not hesitate to contact our office to discuss.
Sale subject to seller approval or rejection.
Purchasers wishing to begin field preparation and planting can do so with the understanding that any seed, fertilizer, fuel, and/or the 2025 growing crop will be forfeited if purchaser does not close in the allotted time.
Current planted wheat crop sells with the land and becomes the property of the buyer.
This online only auction is subject to Seller and/or lender confirmation and is a cash sale not contingent on or subject to financing, appraisal, survey, or inspections of any/or kind, as agreed to by bidders at registration prior to bidding and specified in the Agreement to Purchase Real Estate (the Contract) to which these terms and conditions are attached.
Both seller and purchaser will use ATA National Title Group located at 208 N. Washington St., Owosso, MI for title services and escrow closing services.
Bidders email address and phone number may be used for email and text correspondence.
Once you place a bid, it cannot be removed, even if you have bid incorrectly. Therefore, please check and verify your bids before submitting.
Bidding increments are as follows:
$200 - $1000 = $25
$1,000 - $10,000 = $100
$10,000 - $25,000 = $500
$25,000 - $500,000 = $1,000
$500,000 - $1,000,000 = $5,000
$1,000,000 and up = $10,000
Be advised that a Buyer’s Premium of 5% is added to the high bid. Please take this into consideration when bidding. For example: If the final bid price on a property is $100,000.00, then add the 5% buyer’s premium of $10,000.00 to get a final purchase price of $105,000. This is then the actual sales price that will be used on the Purchase Agreement, and the amount upon which transfer tax and title insurance are based. At the close of the auction, the successful Bidder will be emailed a Contract to be executed and returned to Crowe Real Estate & Auction within Forty-Eight (48) hours.
The high bidder will then deposit earnest money of 10% of the total sale price in the form of a cashier’s check or wire transfer to ATA National Title Group within Forty-Eight (48) hours of the completion of the auction. The earnest money deposit is non-refundable. The entirety of the remaining balance (90% of the total sale price) is due at closing on or before Forty-Five (45) days from Auction Day. Buyer will be responsible for all wire transfers. If the Purchase Agreement is not accepted by the Seller and/or Lender, the Buyer will receive a full refund of their earnest deposit as soon as practicable.
Successful Bidders that do not execute and return their Contract with an Earnest Money deposit within Forty-Eight (48) hours of the conclusion of the auction will be considered in default. If a closing on the Real Property is delayed for any reason, Buyer, or other parties working on your behalf, including any lender you involve, you may be declared in breach of the Contract, forfeit all deposits made, and could be held liable for any and all costs incurred by Crowe Real Estate & Auction incurred in a subsequent resale of the property.
Per the Purchase Agreement, time is of the essence; you should proceed to closing within Forty-Five (45) days. Possession shall be given to the successful Buyer(s) at closing. All closing fees charged by the Title Company are shared equally between Buyer(s) and Seller(s).
Buyer(s) must be prepared to make a cash offer. There are no contingencies to this sale (i.e. financing, appraisal, repairs, or inspections. Bidders should be “pre-qualified” by a lender (if you require financing) prior to submitting a bid. The property is being sold for cash “as-is, where-is” without representation or warranty of any kind. Buyer agrees to accept in its present condition, Real Property, including any personal property items not taken by Seller(s).
Crowe Real Estate & Auction reserves the right to remove or cancel the bids and or bidding rights and privileges of any party at any time. The identity of all bidders will be verified. Bidding rights are therefore provisional, and if complete verification is not possible, Crowe Real Estate & Auction may reject the registration of a bidder, and bidding activity will be terminated.
Buyer acknowledges they are buying the Real Property “as-is, where-is”, that Buyer(s) are relying on his/her own judgment and prior inspection. By signing an offer, Buyer(s) waive the 10-day lead based paint test. Equipment, if any, is sold with no warranty express or implied of any kind. Any excess materials left after the auction become the responsibility of the Buyer.
Seller(s) will provide an owner’s policy of insurance and convey title with a Full Warranty Deed.
Crowe Real Estate & Auction and their representatives are Exclusive Agents of the Seller(s). Crowe Real Estate & Auction reserves the right to negotiate a final sales price on behalf of the Seller, or bid on behalf of the Seller, if necessary.
Real Estate is sold subject to any and all existing matters of record, and all easements, building use or zoning laws and regulations, including drain assessments, tile drainage system rights of way, and PA116 agreements. Properties that are rented are subject to Tenant’s Rights. There are no security deposits associated with the Real Property. Taxes will be pro-rated to the closing date. Buyer agrees to assume all amortization schedules if applicable. Any drain assessments will be assumed by Buyer.
There are no surveys on any property. Buyer is purchasing by way of parcel ID and legal description only. All maps used in auction materials in print or online are based on specific County Equalization maps. Crowe Real Estate & Auction makes no guarantee that the maps are accurate.
All Crowe Real Estate & Auction Online Only Real Estate Auctions are timed events that have an auto-extend feature. Any bid placed within 5 minutes of a lot ending will automatically extend that lot for 5 minutes from the time the bid is placed. The auto-extend feature remains active until no further bids are received within the 5-minute time frame.
Co Broker Commission is not available for this sale.
During this auction process there is a chance that you will be outbid. At that time you will receive an outbid notification by email. Bidders may also find out if they have been outbid by refreshing the individual lot information. Due to varying internet connections/speed, sometimes email notifications can be delayed. We are not responsible for the failure of any part of the bidding process or internet bidding.
Crowe Real Estate & Auction has full discretion to modify the date and time, order, and details of the auction for any reason or no reason at all, including but not limited to technical issues, emergencies, and convenience of Crowe Real Estate & Auction or the Seller.
In the event that there are technical difficulties related to the server, software or any other online auction-related technologies, Crowe Real Estate & Auction, MarkNet Alliance and the Seller reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software nor Crowe Real Estate & Auction, MarkNet Alliance or the Seller shall be held responsible for a missed bid or the failure of the software to function properly for any reason. Email notifications may be sent to registered bidders with updated information as deemed necessary.
Your use of this site and bid placement constitutes your acceptance and agreement to adhere to these terms. Please print a copy for your records. All bidders are responsible for reading all terms and conditions carefully. Lack of knowledge of Auction Terms and Conditions will not release bidders from their obligations.
The terms and conditions of the Purchase Agreement, including these additional terms (Exhibit A), shall survive closing and the benefits shall inure to the respective heirs, successors, representative and assigns of the Parties.
Crowe Real Estate & Auction reserves the right to revise The Terms and Conditions
