Monday, October 15,2007 05:00 PM  thru  06:30 PM
Thursday, October 18,2007 05:00 PM  thru  06:30 PM

From State Road 15 and CR 38 in Goshen Turn west (at Lake City Bank) 1 mile to CR 21 Tracts 1-3 on CR 21,Tracts 4-6 west on CR 38. For Tracts 7-12 continue west on CR 38 1 mile, for Tract 7 turn north on CR 19, for Tracts 8-12 continue west on CR 38.

Elkhart County Fairgrounds at the Home and Family Arts Building.

TRACT #1: 17.5 acres, great potential building site, all tillable and great investment potential across from Apple Ridge Subdivision approximately 580 of road frontage on CR 21.

TRACT #2: 3.5 acres, 4 bedroom country home , living room, dinning room, study or 5th small bedroom, gas forced air furnace and 200 amp electric panel and two out buildings for storage or shop use.

Tract #3: 6 acres, all tillable, potential building site, great investment potential on this corner lot, approximately 560 & 470 of frontage on CR 21 and CR 38.

Tract #4: 6 acres, all tillable, potential building or investment site, approximately 350 of road frontage.

Tract #5: 6.5 acres, excellent potential building site, nearly all tillable productive soils. With approximately 380 of frontage on CR 38.

Tract #6: 8 acres, potential building site, all tillable approximately 450 of frontage on CR 38.

Tract #7: 5 acres, Country home with 3 bedrooms, kitchen, dinning area and living room, gas hot water base boars heat water softener, 100 amp panel. Insulated 2 car attached garage, black top drive, replacement windows, 4 well and pole building.

Tract #8: 24.5 acres mostly tillable. Great potential investment or building site with approximately 475 of frontage on CR 38.

Tract #9: 3 acres, large country home on this wooded tract. The home has 3 or 4 bedrooms kitchen, dinning room, living room, great room with fireplace, office or study, hot water gas heat, Kinetico water softener. Basement currently used as a guestroom with shower and sink.. With barn, pole building, crib and lean-to.

Tract #10: 6 Acre Swing Tract, partially wooded great for recreation. This tract must be purchased with any adjoining tract or combination of tracts with road frontage, or by an adjoining landowner.

Tract #11: 11 acres, all tillable great potential building site with approximately 450 of frontage on CR 38.

Tract #12: 11.5 Acres Excellent potential building site, all tillable approximately 470 of frontage on CR 38.

PROCEDURE: Tracts 1-12 will be offered in individual tracts, and in any combination of these tracts, or as a total unit. There will be open bidding on all tracts and combinations during the auction as determined by the auctioneer. Tract 10 is a swing tract and must be purchased by and adjoining landowner or in combination with other tracts with road frontage. The property will be bid on in the manner resulting in the highest total sale price.
DOWN PAYMENT: 5% of the accepted bid as down payment on the day the auction with balance in cash at closing. The down payment may be in the form of cash, cashiers check, personal check or corporate check. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, SO BE SURE YOU HAVE ARRANGED FINANCING, IF NEEDED, AND ARE CAPABLE OF PAYING CASH AT CLOSING.
BUYERS PREMIUM: A 2% Buyers Premium will be added to the final bid price.
APPROVAL OF BID PRICES: All successful bidders will be required to enter into purchase agreements at the auction site immediately following the close of the auction. All final bid prices are subject to the Sellers acceptance or rejection.
HOME RESTRICTIONS: No mobile homes shall be placed on the property at any time. All homes placed on any tract, shall be no less than 1250 square feet of living space excluding garage and basement and must be placed on a permanent foundation. All homes shall have a roof pitch of 412 or greater. These restrictions shall be deeded.
DEED: Seller shall provide a Personal Representatives deed.
EVIDENCE OF TITLE: Seller shall provide title insurance in the amount of the purchase price.
CLOSING: Closing shall take place 15 days after proof of merchantable title.
POSSESSION: At closing.
REAL ESTATE TAXES: Seller shall pay real estate taxes for 2007 due in 2008 Buyer shall pay taxes there after.
DITCH ASSESSMENTS: Buyer shall pay all ditch assessments due after closing.
ACREAGE: All acreage is approximate and has been estimated based on current legal descriptions and/or aerial photos.
SURVEY: AT THE SELLERS OPTION, the Seller shall provide a new survey where there is no existing legal description or where new boundaries are created by the tract divisions in the auction. Any need for a new survey will be determined solely by the Seller, cost of the survey will be split 50/50 between Buyer and Seller. The type of survey performed shall be at the Sellers option and sufficient for providing title insurance. Closing prices shall be adjusted to reflect any difference between advertised and surveyed acres, if a new survey is determined to be necessary by the Seller. Tracts bid in combinations shall receive a perimeter survey only. There shall be no adjustment for Tracts or combinations of tracts 13 acres or less.
EASEMENTS: The sale of the property is subject to any and all easements of record.
DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this brochure and all related materials is subject to the Terms and Conditions outlined in the Purchase Agreement. ANNOUNCEMENTS MADE BY THE AUCTION COMPANY AT THE AUCTION PODIUM DURING THE TIME OF THE SALE WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL, OR ANY OTHER ORAL STATEMENTS MADE. Tract acreage has been estimated based on aerial photographs. 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 Seller or the Auction Company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquires, and due diligence concerning the property. The information contained in this brochure is subject to verification by all parties relying on it. No liability for its accuracy, errors, or omissions is assumed by the Seller or the Auction Company. All sketches and dimensions in this brochure are approximate. Except for any express warranties set forth in the sale documents, purchaser(s) assumes all risks thereof and acknowledges that in consideration of the other provisions contained in the sale documents, Seller and the Auction Company make no warranty or representation, express or implied or arising by operation of law, including an warranty of merchantability or fitness for a particular purpose of the property, or any part thereof, and in no event shall Seller or the Auction Company be liable for any consequential damages. Conduct of the auction and increments of bidding are at the direction and discretion of the auctioneer. The Seller and Auction Company reserve the right to preclude any person from bidding if there is any question as to the persons credentials, fitness, etc. All decisions of the auctioneer are final.
ANY ANNOUNCEMENTS MADE THE DAY OF THE SALE TAKE PRECEDENCE OVER PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE.