Live Public Auction Of 148.04+/- Acres Of Farmland

& A 8.53+/- Acre Building Site To Be Sold In 3 Separate Tracts

Located In Elk Point TWP, Union County, SD!!

These Properties Are Located Just North Of Elk Point, SD &

East Of Burbank, SD & Southwest of Westfield, IA!!

These Tracts Are All Adjoining!

Location:  32149 SD 11, Elk Point, SD or From Elk Point, SD go North on SD HWY 11 for  2 1/2 miles to the properties. The properties will be located on the West side of the Hwy. Watch zomercompany.com for inclement weather!

The auction will be held at the site of the properties.

Sale Date: December 20, 2024 @10:30 A.M.

Auctioneer’s Note: This is an incredible opportunity to purchase one or two tracts of farmland or a building site or all three! These properties all adjoin each other and are located on a hard surface road just outside of Elk Point, SD & only a short drive from interstate 29! If you have been searching for land or a building site then you know how hard it is to find one or the other and it is even more rare to have an opportunity to purchase a tract of farmland and building site which adjoin each other! Make plans today to purchase one or several of these properties!

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Abbreviated Legal Description of Tract 1(SOUTH TRACT OF FARMLAND): Mouw Tract 3, in Government Lot 1 of the NE1/4 and in the N1/2 of the SE1/4 Both in Section 1, Township 91N, Range 50 West of the 5th P.M., Union County, SD. Subject to all public roads, drainage taxes and assessments and easements of record.

General Description of Tract 1(SOUTH TRACT OF FARMLAND): According to the recent survey, this property contains 76.92+/- acres. This tract of farmland is an inside tract of farmland which is nearly 100% tillable! This farm has a corn base and soybean base combined with the adjoining farmland with a PLC yield of 122bu on corn and a PLC yield of 42bu on soybeans. This farm is classified as NHEL. The predominant soil types include: Ld-Luton. According to Agri-Data the soil productivity rating is 63 and the county soil rating is currently combined with tract 2 and is .648. This is an inside tract of farmland with predominantly all 1/2 mile rows! If you are a farmer or investor looking for a tract of farmland to add to your operation or investment portfolio then be sure to take a look at this farm! This farm does have an old well which is believed to have been capped. This farm is accessed through an access easement on the existing driveway through Tract 3(building site). There will also be an easement on the existing driveway which divides Tract 1 and 2 that both the buyers of tracts 1 and 2 will grant a easement to the other party on this existing driveway for access to each tract. Contact an agent for further details on easement.

Abbreviated Legal Description of Tract 2(NORTH TRACT OF FARMLAND: Mouw Tract 2, in Government Lot 1 of the NE1/4 and in the N1/2 of the SE1/4 Both in Section 1, Township 91N, Range 50 West of the 5th P.M., Union County, SD. Subject to all public roads, drainage taxes and assessments and easements of record.

General Description of Tract 2(NORTH TRACT OF FARMLAND): According to the recent survey, this property contains 71.12+/- acres. This tract of farmland is an inside tract of farmland with approx. 69.08+/- tillable acres! This farm has a corn base and soybean base combined with the adjoining farmland with a PLC yield of 122bu on corn and a PLC yield of 42bu on soybeans. This farm is classified as NHEL. The predominant soil types include: Ld-Luton. According to Agri-Data the soil productivity rating is 63 and the county soil rating is currently combined with tract 1 and is .648. This is an inside tract of farmland! If you are a farmer or investor looking for a tract of farmland to add to your operation or investment portfolio then be sure to take a look at this farm! This farm is accessed through an access easement on the existing driveway through Tract 3(building site). There will also be an easement on the existing driveway which divides Tract 1 and 2 that both the buyers of tracts 1 and 2 will grant a easement to the other party on this existing driveway for access to each tract. Contact an agent for further details on easement.

Abbreviated Legal Description of Tract 3(Building Site): Mouw Tract 1, in Government Lot 1 of the NE1/4 and in the N1/2 of the SE1/4 Both in Section 1, Township 91N, Range 50 West of the 5th P.M., Union County, SD. Subject to all public roads, drainage taxes and assessments and easements of record.

General Description of Tract 3: According to the recent survey, this property contains 8.53+/- acres. This is an outstanding opportunity to purchase a property located on a hard surface road just North of Elk Point, SD!  This property currently has a Morton building on the property which is approx. 40 x 60 with an approx. 10 x 40 lean to on the South side of the building! This building has a partial cement floor and partial dirt floor and also has a small office/tool room! This property has a well established grove/shelterbelt which is enrolled in a conservation program until 9/3/2032 with NRCS with an annual payment of $705.00 made to the owner of the property! Seller to retain the full 10-1-24 CRP payment and buyer to receive the full 10-1-2025 CRP payment and all future payments. Buyer agrees to assume the current CRP contract and shall be responsible for any midterm maintenance requirements if any for the CRP. This property currently has a well for water and there is electric service to the property! This is an outstanding opportunity to purchase a property on a hard surface road near Elk Point, SD! This property is located in a flood plain so any building would need to be done in accordance with any zoning regulations concerning the flood plain. Buyers are encouraged to verify that the buyers intended use of the property will be permitted. The buyer of this property will be required to grant an ingress/egress access easement on the existing driveway to the adjoining farmland. Do not pass up this opportunity to purchase this fantastic property! How often can you find a property located on a hard surface road for sale in this area!

Method of sale: Auction of the tracts will be held at the site of the farmland. Tracts 1 & 2 will be sold in the choice method. Top bidder of the round of choice will have the option to select the tract of their choice or both of the tracts of farmland. If the top bidder selects 1 of the farmland tracts then whichever farmland tract is remaining will be sold. The tracts of farmland will not be combined in any way other than the option to purchase both tracts during the round of choice. Once both tracts of farmland are sold then Tract 3 the building site will be sold. Tracts 1 & 2 (Farmland) will be sold with the final bid price times the gross surveyed acres. Tract 3 (Building site) will be sold in total dollars.

Taxes: The current Real Estate Taxes according to the Union County Assessor are approx. $3,996.56 per year for all 3 tracts combined. Taxes will be reassessed due to the recent survey division of the tracts.  Seller will pay the 2024 taxes which are due and payable in March and Sept of 2025.

Possession: Possession of the farmland will be on March 1, 2025. Possession of the building site will be on closing day.

Terms: Purchaser(s) will be required to pay a non-refundable 15 % of the purchase price as earnest money deposit, and also agree to enter into a purchase agreement with the remaining balance due and payable on closing day on or before February 5, 2025 when the buyer shall receive a clear and merchantable title to the property. Owners Title insurance and closing fee split 50/50 between buyer and seller. Michael McGill Attorney At Law will act as Escrow and Closing agent. These properties are being sold as is as a cash sale with no finance contingencies and as is with any/all defects and encroachments if any. While every effort has been made to ensure the accuracy of the information herein, all prospective buyers are encouraged to inspect the property and verify all data provided. No warranties are expressed or implied. Any lines on maps and pictures are for informational purposes only and are not guaranteed to be actual boundary lines of the property. Sellers do not warranty or guarantee that existing fences lie on the true boundary and any new fencing if any will be the responsibility of the purchaser pursuant to SD statutes. Any announcements made day of the auction will supersede any advertisements. Aerial maps, soil maps and auction booklets are available upon request. All measurements and years built are estimated and not guaranteed. Buyer of tract 3 will be required to assume the current CRP contract and will be responsible for any midterm maintenance remaining if any. This Property is being sold subject to the confirmation of the sellers. All buyers are encouraged to do buyers due diligence. Auctioneers and Real Estate brokers are representing the sellers. If any additional information is requested, please contact auctioneers listed below. Michael McGill—Attorney For The Sellers

Kenneth B. Mouw Revocable Trust—Owners

Auction Company: Zomer Company—www.zomercompany.com—712-476-9443

Mark Zomer-712-470-2526—Ryan Zomer-712-441-3970

Joel Westra-605-310-6941—Ivan Huenink-712-470-2003