Holyoke, CO 80734(Phillips County)

SALE TERMS/PROCEDURE: The "HAYNES FAMILY LAND AUCTION" is a land auction with RESERVE. The Haynes Family property to be offered as a "MULTI PARCEL" Auction in 14 Parcels; 5 Combos; and Pasture, Pivot Irrigated and Single Units. The parcels, combos, and units will be offered in the sale order as stated within the brochure. The parcels, combos, and units will compete to determine the highest aggregate bid(s). Seller reserves the right to accept or reject any and all bids. Seller agrees not to accept and negotiate any contracts to purchase prior to auction date. Bids will be taken for total purchase price not price per acre.

SIGNING OF PURCHASE CONTRACT: Immediately following the conclusion of the auction, the highest bidder(s) will sign Brokerage Disclosure and will enter into and sign a Contract to Buy and Sell Real Estate (Land) and/or Farm, Ranch, and Land Purchase Agreement for the amount of the bid. Required earnest money deposit to be in the form of a personal, business, or corporate check for 15% of the purchase price which is due upon the signing of the contract and to be deposited with Reck Agri Realty & Auction. Purchase contract will not be contingent upon financing. Terms and conditions in the detail brochure and oral announcements shall be incorporated and made a part of the contract. Sample contracts are available within the detail brochure.

CLOSING: Buyer(s) shall pay in electronic transfer funds or cashier's check (Good Funds), the balance of purchase price plus their respective closing costs, and sign and complete all customary or required documents at closing, which is on or before April 5, 2019. Closing to be conducted by Phillips County Abstract and Thalken Title and the closing service fee to be split 50-50 between Seller and Buyer(s).

TITLE: Seller to pass title by Warranty Deed free and clear of all liens. Title Insurance to be used as evidence of marketable title and cost of the premium to be split 50-50 between Seller and Buyer(s). The Buyer(s) to receive a TBD title commitment within detail brochure, updated title commitment with Buyer(s) name, lender, purchase price, and all supplements and additions thereto after auction, and an owner's title insurance policy in an amount equal to the Purchase Price after closing. Property to be sold subject to existing roads and highways; established easements and rights-of-way; prior mineral reservations and minerals reserved by Seller as shown within these Terms and Conditions; and other matters affected by title documents shown within the title commitment; and zoning, building, subdivision, and other restrictions and regulations of record. Title commitments are available for review within the detail brochure and at the auction and title commitment and exceptions will be incorporated and made a part of the Contract to Buy and Sell Real Estate (Land) and/or Farm, Ranch, and Land Purchase Agreement.

POSSESSION: Possession of designated parcels and improvements 75 days after closing, possession of the remaining pasture and farmland upon closing. Seller shall have until July 1, 2019, to remove stacked feed.

PROPERTY CONDITION: The prospective Buyer(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition, and to rely on their own conclusions and the property is being sold AS IS-WHERE IS, without warranty, representation or recourse to Seller.

WATER RIGHTS & EQUIPMENT: Seller to convey all Seller's water rights, water wells, well permits, and equipment appurtenant to the property whether for irrigation, domestic, commercial or livestock use, including but not limited to the following: Well Permits #20358-FP, #21542-FP, #23597-FP, #24561-FP and #10921-FP. The water rights are subject to the rules, regulations, and limitations of the Colorado Department of Water Resources and the Frenchman Groundwater District and the Republican River Water Conservation District . Water rights are being sold AS IS-WHERE IS without warranty or guarantee of any water right matters, pumping rates/adequacy of livestock/domestic/irrigation/commercial wells and condition of all irrigation equipment. Call for detail brochure with complete description of equipment, well logs, and recent irr well efficiency test.

GROWING CROPS: Seller to graze rye under pivots until close.

FSA DETERMINATION: FSA base acres and yields to pass with the Parcels, Combos, or Units as designated within the detail brochure. Buyer(s) and Seller, at closing, to sign a memorandum of understanding stating the base acres and yields as designated within the detail brochure.

REAL ESTATE TAXES: 2019 real estate taxes due in 2020, to be paid by Buyer on the pasture and farmland. Estimated 2019 real estate taxes due in 2020 for the improvements to be prorated to the estimated day of possession. Phillips County real estate to be revalued in 2019, taxes are subject to change.

PERSONAL PROPERTY: Detail brochure to include a list of personal property included and excluded.

LEGAL DESCRIPTION: Legal descriptions are subject to existing fence/field boundaries or land-use trades, if any. If the property sells in parcels and/or combos and a survey is required to create a metes and bounds legal description, Seller to provide and pay for said survey. Seller & Buyer(s) agree that closing may be extended up to 30 days if necessary to complete said survey.

MINERALS: Seller to reserve all OWNED mineral rights.

NOXIOUS WEEDS & CHEMICALS: There may be areas infested by noxious weeds, (i.e. rye, bindweed, canadian thistle, rye, goat/Johnson grass, etc). The location of and the density of noxious weeds is unknown at this time.

ACREAGES: All stated acreages in the initial brochure, detail brochure, and visual presentation at the auction are approximate and are obtained from aerial photos from the FSA office. The county tax records may indicate different acreages and no warranty is expressed or implied as to exact acreages of property. All bids are for the total parcel without regard to exact acreage. There will be no adjustment in purchase price if acreage is different than what is stated in this brochure and/or stated at the auction.

CRP CONTRACT: Seller to convey all right, title, and interest to the existing CRP contract to the Buyer(s) as successor in interest. Seller to convey 100% of the October 2019 CRP payment to Buyer (s). Buyer(s) assumes responsibility of the maintenance of the CRP acres, the obligations of the CRP contract, and agrees to enter into new CRP contract within 60 days after the closing. Buyer(s) assumes responsibility of the costs and penalties if Buyer(s) chooses to terminate the existing contract.

SELLER NOTIFICATION - 1031 EXCHANGE: It is understood and agreed that Seller desires to sell the property which is the subject of this Auction in a "tax free" exchange under Section 1031 of the Internal Revenue Code of 1986, as amended. Buyer(s) agree to cooperate, but is not required to incur any additional expense or risk.

BIDDER REQUIREMENTS: Prior to auction, Buyer(s) to review the terms and conditions as set forth in the Detail Brochure. Detail Brochure may be obtained by visiting auction property page on our web site, or by calling Reck Agri Realty & Auction.

Bidding via cell phone, internet, and/or bidding on someones behalf, must be approved by Reck Agri Realty & Auction 24 hours prior to auction.

ANNOUNCEMENTS: The information contained herein has either been given to us by the owner of the property or obtained from sources that we deem reliable. We have no reason to doubt its accuracy, but we do not guarantee it. Reck Agri Realty & Auction and the Seller assumes no responsibility for the omissions, corrections, or withdrawals. The location maps are not intended as a survey and are for general location purposes only. The prospective Buyer(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition and to rely on their own conclusions. All equipment and improvements are to be sold AS IS-WHERE IS, without warranty, representation or recourse to Seller. Reck Agri Realty & Auction and all other agents of Broker are or will be acting as a Transaction Broker and/or Limited Sellers Agent. Announcements made by Reck Agri Realty & Auction, at the time of sale will take precedence over any previously printed material or other oral statements. Reck Agri Realty & Auction does not offer broker participation for the "HAYNES FAMILY LAND AUCTION". Reck Agri Realty & Auction reserves the right to require bank references upon request and reserves the right to refuse bids from any bidder. Bidder increments are at the discretion of the Broker.

A DETAIL BROCHURE is available upon request and is REQUIRED to bid at the auction, via cell phone, or online bidding. It includes the terms and conditions of the auction, pertinent facts, title commitment, to Buy and Sell Real Estate (Land) Contract and/or Farm, Ranch, & Land Purchase Agreement. For additional color photos visit the HAYNES FAMILY LAND AUCTION Visual Tour on our website.

COPYRIGHT NOTICE: Photographs, video tapes, and Color & Detail Brochures are property of Reck Agri Realty & Auction and cannot be reproduced without permission. Auction photographs may be used by Reck Agri Realty & Auction in publications, marketing materials, and on its website.