UNION COUNTY LAND AUCTION

162.27 +/- Acres Alcester Township
Wednesday, April 26, 2023 10:30 AM

We will sell the following real estate at public auction, both live/online at the land site located from Hwy 11 in Alcester, SD, 2 miles east on 301st St. 

Auctioneer’s Note:  If you are looking to expand your farming operation or buy land as an investment, don’t miss this auction!  Located east of Alcester and 4 miles west of the Iowa border, this productive land has been in a corn/soybean rotation and is leased for the 2023 crop year.  The land has a soil rating of .680 and an AgriData-Surety productivity index of 63.1.  Predominate soils include:  Crofton-Nora complex, 6-11% slopes, eroded, and Alcester silty clay loam, 2-6 % slopes.  This parcel has both highly-erodible land (HEL) and non-highly-erodible land (NHEL).  According to the FSA there are 161.17 acres of cropland, 115.6 acres corn base/142-bushel PLC yield, 30-acre soybean base/44-bushel PLC yield.  Taxes: $3,688.58.  The property will be sold subject to an existing farm lease for 2023.  The buyer will receive a seller-enhanced rent at closing of $285.00 per acre on 161.17 acres, for a total amount of $45.933.45, to be credited in full to the buyer at closing.  In case of inclement weather please check our website or listen to WNAX radio.

Legal Description:  SW ¼ NE ¼ and N 20’ SE ¼ NE ¼; SE ¼ NE ¼ less 20’ for Road less Lot H16; NE ¼ SE ¼ less 2.30 acres of Lot H17; SE ¼ SE ¼ less 2.41 acres of Lot H17 less .60 acres of Railroad; S 11 acres SW ¼ SE ¼ less .64 acres Railroad, 23-95-49, Union County, SD.

Terms:  15% nonrefundable down payment day of sale with the balance due at closing on or before June 12, 2023.  Possession at closing.  Title insurance and closing costs split 50/50 between buyer and seller.  2022 taxes due in 2023 to be paid by the seller.  2023 taxes due in 2024 to be paid by the buyer.  The acres in this property are based on acres stated in the county tax records with acres to be understood to be “more or less”.  The seller does not warranty or guarantee that the existing fences lie on the true and correct boundary and new fencing, if any, will be the responsibility of the purchaser pursuant to SD statutes.  Any lines on maps are for informational purposes only and are not guaranteed to be actual boundary lines of the property.  The property is sold in as-is condition and as a cash sale with no financing contingency.  Sold subject to existing easements, restrictions, reservations, or highway of record, if any.  Information is deemed to be correct but it is not guaranteed.  All prospective buyers are encouraged to inspect the property and verify all data provided.  Statements made the day of sale take precedence over all written advertising.  Real Estate licensees are agents for the seller.  Sold subject to confirmation of owner.

LeRoy and Gale Peterson Family Trust, Owner
Susan Froschheuser, Trustee

Auctioneer/Broker:
Joel R. Westra, Broker, Beresford, SD 605-310-6941
Joel A. Westra, Broker Associate, Chancellor, SD 605-957-5222
Phil Eggers, Broker Associate, Renner, SD 605-351-5438
Jonathan Hagena, Broker Associate, Lennox, SD 605-728-7282
Mark Zomer, Zomer Company, Rock Valley, IA 712-470-2526

Zomer Company Auctions welcomes you to our current and future auctions.
Please carefully read the terms listed below. Thank You!

Zomer Company Auctions, its Employees and representatives (hereinafter “Company”) act merely as agents for Seller(s). All final bids are subject to the Seller's confirmation. The top bidder will be contacted as to the status of his/her bid. While the information we provide on item(s) is deemed correct, no warranties are expressed or implied and you agree to purchase and accept the property in an as-is condition. Information on the property is obtained by us from the Seller(s) and other sources and you hereby agree to hold harmless Company for any errors or omissions regarding the property being sold. This information includes but is not limited to physical condition, features, inadvertent errors in cataloging, authenticity or imperfections not specifically noted and other data pertinent to the value of the item. Buyers are responsible for conducting their own inspection during Open Houses/Inspection periods or by appointment. Printed or verbal statements made by Company are matters of opinion and are made in good faith. Any announcements posted the day of the auction or announced at the live auction take precedence over all prior advertisements.
 
You acknowledge that you have the right and responsibility to inspect the property personally, or to have a third-party representative inspect the property for you. That by bidding on the property you have agreed to accept that property in its present condition with the description provided whether accurate or not.

Auction Close: Upon the completion of an auction and notification from the auction company to the buyer of the acceptance of the buyers bid by the seller. The buyer does hereby agree to immediately enter into a purchase agreement with the terms stated and shall immediately provide the earnest money deposit due.

These terms and conditions and any dispute arising out of or related to an auction shall be governed by and construed and enforced in accordance with the laws of the State of Iowa. Any legal action must be brought in Sioux County, Iowa, or another jurisdiction of Company’s choosing. Buyer agreed to abide by the laws of the State of Iowa.

When using our online auction services you are making firm commitments to purchase said property and are entering into a legal and binding contract. Bids may not be cancelled or retracted for any reason.  Fraudulent bidding will subject you to legal recourse and possible criminal charges including any fraud and/or interstate commerce violations. Buyers also acknowledge that the Internet may be an unreliable and error prone network. Company does not guarantee that bids placed online will always be transmitted to or received by the auctioneer in a timely fashion or that current bid shown is accurate. Buyers agree to hold Company harmless for any interruptions of online bidding. Further, Company has the sole discretion to accept or refuse any bid. Company retains the right, at Company’s sole discretion, to add, delete or change some or all of our online services and the terms and conditions governing their online auctions at any time without notice. Please review auction terms often.

Bidder/Buyer responsibilities include but are not limited to the following:

All Buyers must provide their name, email address, daytime phone number and physical address at which they can be contacted for timely and accurate communication between Company and Buyer throughout any transaction or auction. Failure to maintain accurate and current contact information on Buyers account may lead to suspension of their account access until current contact information is provided to Company. All Buyers must provide valid credit card information, wire information or proof of funds if requested.

Buyers shall obey any and all local, state and federal laws and any and all violations of the same will result in termination of bidding and website use privileges with Company.

The final bidding will close and remain closed and no adjustments shall be made after closing.

Bidders acknowledge that online only auctions have an auto extend feature that means the auction will not close until all bidding parties are represented and satisfied. A bidder can place a max bid on one or more lots. The current bid price does not automatically go to the max bid unless the bidder selects to raise the bid to that price immediately by selecting the raise bid option. When another bidder increases the current bid then the computer will automatically increase the bid in the increment specified reaching your max bid only by ongoing bidding activity.

Company reserves the right to reject any and all bids for any reason. Company shall not be held responsible for any missed bids. All auctions are subject to the sellers confirmation.

Bidder shall be held liable for all bids placed from the bidders account.

Bidder acknowledges that some tracts may be sold in total dollars and some may be sold per acre. The tracts sold per acre shall be the purchase price times the gross acres of the property sold. Bidder acknowledges that the online platform may not always show the tenths of an acre sold however bidder acknowledges that the purchase price will still be calculated using the total gross acres of the tract being sold including the tenths even if they are not displayed.