THIS IS A COMPLETED SALE
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24 Acres Plot Farmland
Previous Page Listing ID#: 201393
Auction Location |
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Lititz, PA 17543 |
Auction Dates and Times |
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Saturday May 9, 2020 Completed |
Auction Type |
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Live Auction with Online Bidding VIEW ONLINE CATALOG |
Company Information |
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H.K. Keller Contact: Tim Keller Phone: 7178790110 Email: info@hkkeller.com Website: HKKeller.com GoToAuction.com ID#: 2266 View company information and listings |
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Listing Terms and Conditions |
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The terms and conditions of the present public sale, held May 9, 2020 (herein "Public Sale Date"), are as follows:
1. SELLER: This sale is held on behalf of VIOLET I. NOLL, by LINDA R. REED, AGENT, 1339 Dridge Hill Road, Lititz, PA 17543 (herein the "Seller") the present owner of the Premises as hereinafter set forth.
2. PREMISES: The property to be sold (herein the "Premises") is commonly known as 25 acres, more or less, Chestnut Street, Lititz, Warwick Township, Lancaster County, Pennsylvania, and is more particularly described in the legal description marked Exhibit "A" attached hereto, made a part hereof, and incorporated herein by reference.
3. PURCHASE AND DOWN PAYMENT: The auctioneer, Stauffer Auctioneers, LLC shall take bids upon the Premises, and, in the event that the Premises is placed in the hands of the auctioneer for sale, the highest bidder on the Premises shall be purchaser of the Premises at the highest bid (herein the "Purchase Price"). The highest bidder (herein the "Purchaser") shall immediately thereafter execute and deliver to Seller, Purchaser's Agreement attached to these Conditions of Sale, and shall pay down the sum of Ten Percent (10%) of the Purchase Price as security for the performance of the terms and conditions of these Conditions of Sale and Purchaser's Agreement. Purchaser acknowledges that the down payment shall be paid to Seller, and shall not be held in escrow. Checks for the down payment will be deposited the next business day. Post-dated or undated checks shall be conclusively deemed to be dated on the date of this sale. Purchaser further acknowledges that the Premises is not being sold subject to the ability of Purchaser to obtain any financing for the purchase thereof.
4. REBIDDING: If any dispute arises among bidders, the Premises shall immediately be put up for renewal bidding by the auctioneer.
5. TITLE: The balance of the purchase money shall be paid at settlement, as hereinafter set forth, upon which payment Seller shall convey to Purchaser, by special warranty deed prepared at Purchaser's expense, good and marketable fee simple title to the Premises insurable without exception at regular rates by a title insurance company of Buyer's choice licensed to do business in the Commonwealth of Pennsylvania, free and clear of liens and encumbrances except as noted in these conditions, but subject to existing wall rights, easements, building or use restrictions, zoning or land subdivision regulations, encroachments of cornices, trim, and spouting over property boundaries, or encroachments of any kind within the legal width of public highways, and subject to all easements, encumbrances, or encroachments which would be apparent upon reasonable physical inspection of the Premises. This Paragraph 5 only sets forth the quality of title to be conveyed by Seller to Purchaser. Nothing herein shall be construed as obligating Seller to provide any title search, or title insurance, at Seller's expense. The costs of any title search and title insurance desired by Purchaser shall be the sole responsibility of Purchaser, as set forth in Paragraph 7 hereof.
If Seller is unable to convey title of the quality set forth above on or before the Settlement Date, (as hereinafter defined) Seller shall have the option to extend the Settlement Date for an additional thirty (30) days, or for such longer period as Seller and Purchaser may agree to in writing (the "Title Extension Period"), during which period Seller may seek to cure such title matters. If Seller declines to extend the Settlement Date or is unable to cure the title matters during any Title Extension Period, Purchaser may elect either to (1) take such title as Seller can give or (2) terminate this Agreement. If Purchaser elects to terminate this Agreement as provided above, Seller will return to Purchaser all payments made to Seller on account of the Purchase Price and reimburse Purchaser for all costs for searching title, appraisals, inspections, and preparation of the deed, mortgage, and other settlement papers. This Agreement and all obligations hereunder will terminate upon Seller's return and payment of the above amounts.
6. SETTLEMENT: Settlement shall be held at the Law Offices of Kling & Deibler, LLP, 131 West Main Street, New Holland, Pennsylvania 17557, or at such other place as Purchaser may elect in Lancaster County on June 23, 2020 (herein "Settlement Date"), or before if Purchaser and Seller mutually agree, which time shall be of the essence of this Agreement. Possession of the Premises shall be given to Purchaser at settlement. Formal tender of deed and purchase money are waived.
On or before the tenth (10th) day following the Public Sale Date, Purchaser shall engage the services of an attorney and/or title company to prepare all documents to be executed at Settlement and to conduct Settlement.
COSTS: The costs related to this public sale, and the settlement on the Premises, shall be paid as
follows:
(a) Purchaser shall provide and pay:
(i) All required state and local realty transfer taxes.
(ii) Any survey, if desired or required by Purchaser, other than a survey required to provide Seller with an adequate legal description.
Any and all disbursement fees, escrow fees, service fees, or similar fees or costs, purported to be charged against Seller by any title company or attorney holding settlement for the Premises, unless expressly contracted for in writing by Seller.
(iv) The cost of any title search at regular rates, title insurance, certification of title, examination of title, and title company or settlement services.
(v) Preparation of other documents, including, but not limited to, deed, mortgage, and bill of sale for personal property, if any, and all fees incurred at settlement, including attorney fees, tax certification fees, disbursement fees, recording fees, or settlement fees, whether purported to be billed against Purchaser or Seller, unless expressly contracted for in writing by Seller.
(b) Seller shall provide or pay for:
(i) Acknowledgements to deed.
(ii) Water and sewer rent, if any, through the earlier of the Settlement Date, or the date of prior delivery of possession to Purchaser.
(iii) A legally adequate description and preparing, obtaining, and/or recording releases or other documents or surveys reasonably required in order to make Seller's title to the
Premises insurable at regular rates by a title insurance company of Seller's choice licensed to business in the Commonwealth of Pennsylvania.
Real estate taxes upon the Premises shall be apportioned on a fiscal basis to the earlier of the Settlement Date, or the date of prior delivery of possession to Purchaser. However, if the Premises is subject to any preferential assessment via the Pennsylvania Clean and Green Act or otherwise and Purchaser does not continue such preferential assessment program at settlement or thereafter, Purchaser will be solely responsible for any roll-back taxes, interest, penalties, or other charges that accrue as a result of such discontinuance, regardless of the reason for the same.
8. REJECTION OF BIDS: Seller reserves the right to reject any and all bids. Seller reserves the right to withdraw the Premises from sale, and/or to adjourn the sale to a future date or dates.
9. EMINENT DOMAIN AND EASEMENTS: Seller represents that there are no pending and unsettled eminent domain proceedings, no appropriations by the filing of the State Highway plans in the Recorder's Office, and orders that have not been complied with from any governmental authority to do work or correct conditions affecting the Premises of which Seller has knowledge; that no part of the Premises, except any part within utility reserve strips in developments or within legal limits of highways, is, or at settlement will be, subject to any easement for underground electric or telephone cable or sewer, gas, or water pipe serving other than this Premises, any petroleum products pipeline or public storm sewer, or any other easement, except such easements as may appear of record, such easements as may be disclosed by a reasonable inspection of the Premises, or which are noted in these Conditions. Any proceeding for condemnation or by eminent domain instituted against the Premises after the date hereof shall in no way affect Purchaser's obligation to purchase the Premises; provided that Purchaser shall receive credit for any proceeds, consideration, damages, or sums paid by any condemning authority as a result of such action if the same is paid prior to settlement. In the event that any such proceeds, consideration, damages, or sums are paid after the Settlement Date, Purchaser shall be entitled to receive the same. Seller shall be under no obligation to defend against or appear in any such action, provided that Seller provides Purchaser with notice of the institution of such action no later than 15 days after Sellers' receipt of notice thereof, and, in such event, Seller shall cooperate in Purchaser's defense of or appearance in such action, at Purchaser's expense.
10. CONDITION OF PREMISES AND FIXTURES: At settlement, the Premises shall be in substantially the same condition as at present, except for the following: damages of any kind for which full or partial recovery may be had under Seller's or Purchaser's insurance; damages of any kind occurring after possession of the Premises has been given to Purchaser; damages arising from any condition of the Premises existing on the Public Sale Date; and/or, damages of any kind arising from any taking of the Premises by eminent domain.
In the event any inspection or testing of the Premises is desired by Purchaser or by any lender proposing to provide Purchaser with financing for the purchase of the Premises, the costs of any such repair, improvement, inspection, or testing shall be payable solely by Purchaser. Purchaser's Agreement shall not be conditioned upon any such repair, improvement, inspection, or testing, or upon any specific results obtained from such inspection or testing.
11. ZONING: The parties acknowledge that no representation whatsoever is made concerning zoning of the Premises, or the uses of the Premises that may be permitted under local ordinances, and that Purchaser has satisfied himself that the zoning of the Premises is satisfactory for his contemplated use thereof.
Purchaser hereby waives any applicable requirement for Seller to provide a certification of zoning classification prior to settlement pursuant to Disclosure Act of July 27, 1955, P.L. 288, 83, as amended and reenacted (21 P.S. $613). If Purchaser's intended use requires any federal, state, or local permits or inspections, including, but not limited to, use or occupancy permits, Purchaser is responsible for obtaining such permits or inspections at Purchaser's expense.
12. 1031 EXCHANGE: If Seller desires to effectuate a 1031 tax deferred exchange, Purchaser agrees to cooperate with Seller and sign all necessary documents to do so provided that it does not pose any additional risk or expense to Purchaser.
13. USE AND OCCUPANCY. Purchaser is responsible to obtain and pay for the costs of any desired or required use and occupancy permit and any inspections or certifications required by a governing authority to occupy or settle on the Premises.
14. PURCHASERS' DEFAULT: In case of noncompliance by Purchaser with any term of these Conditions, Seller has the option, in addition to all other remedies provided by law or at equity, to exercise any one or more of the following remedies:
(a) To retain Purchaser's down money as liquidated damages, regardless of whether or not, or on what
terms, the Premises is retained or resold; or
(b) To resell the Premises, at public or private sale, with or without notice to Purchaser, and hold Purchaser liable for the actual loss resulting from such resale, including attorneys' fees and costs incurred by Seller as a result of Purchaser's default. Seller may retain the down money paid hereunder as security for payment of such loss.
15. SUMMARY OF CONDITIONS: Purchaser acknowledged that these Conditions of Sale were available for inspection by Purchaser prior to the commencement of bidding and sale of the Premises, that Purchaser had an opportunity to review the full Conditions of Sale, and that Purchaser understands the contents thereof and all terms and conditions under which the Premises is being sold, agreeing to be bound by the full terms and conditions as set forth therein. Purchaser acknowledges that only a summary of the Conditions of Sale was read prior to commencement of bidding on the Premises, and that Purchaser is not relying upon the public reading of the Conditions of Sale as a complete statement of the terms and conditions for sale of the Premises.
16. PARTIES BOUND: These Conditions of Sale and Purchaser's Agreement made hereunder shall be binding upon the parties hereto and their respective heirs, successors, personal representatives and assigns.
17. CONSTRUCTION: All references to the highest bidder, Purchaser or Purchaser contained herein shall be deemed to refer to all Purchasers, jointly and severally, whether referred to in the singular or plural, or masculine or female, form.
18. ASSIGNMENT: Purchaser may not assign these Conditions of Sale, in whole or in part, without first obtaining the written approval of Seller.
19. INTENT: This Agreement represents the whole Agreement between the parties, and any representations concerning the Premises, or otherwise, made prior to the execution of Purchaser's Agreement, are hereby superseded by this Agreement.
20. AMENDMENT: No modification of these Conditions of Sale shall be valid unless made in
ated with the same degree of formality as these Conditions of Sale and Purchaser's Agreement attached hereto.
21. EFFECT OF WAIVER OR CONSENT: A consent or waiver by Seller, express or implied, to or of any breach or default by Purchaser in the performance of these Conditions of Sale is not a consent or waiver to or of any other breach or default. Failure on the part of Seller to complain of any act of Purchaser or to declare Purchaser in default of these Conditions of Sale, irrespective of how long that failure continues, does not constitute a waiver by Seller of Seller's rights with respect to that default until the applicable statute-of limitations period has run.
22. SEVERABILITY: If any provision of these Conditions of Sale or the application thereof to any person, entity or circumstance is held invalid or unenforceable to any extent, the remainder of these Conditions
that provision to other persons, entities or circumstances are not affected thereby. In such event, the invalid or unenforceable provision will be enforced to the greatest extent permitted by law.
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Listing Information |
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Due to COVID-19, online bidding is available for this real estate auction. H.K. Keller is hosting the online bidding for this Stauffer Auctioneers auction.
Property Location: Chestnut Street, Lititz PA. Land is Located where Chestnut Street turns into E. Lexington Road, across E. Lexington Road from the Midway Mennonite Reception Center (210 E. Lexington Road, Lititz, PA 17543.) GPS Coordinates Approx.: Lat. 40.18937°, Long. -76.29802°
Real Estate is currently rotation crop farmed. Level to Gently Sloped. Back Corner of Property is
wooded. Currently in Act 319- Clean & Green. Property has Approximately 76,000 +/- S.F. located
in R-1 Residential Zoning with road frontage where Race Street, comes into Chestnut St & E.
Lexington Road. Property has access to Firestone Road in the Northwest corner. Remaining
acreage is located in Rural Estate Zoning. Northeast point of Acreage is wooded and extends
toward Dridge Hill Road (no frontage). |
Auction License: AY-2116 |
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