real estate - Purple Wave, Inc.
Transcription
real estate - Purple Wave, Inc.
Oklahoma real estate auction Tuesday, May 8 | 10:00 am CDT BH Beadles -Hamar auction and real estate Alvin Beadles, broker/auctioneer Texas license 16213 405.590.3831 This home at 42777 McAlester Drive, Wister, Okla., will be sold at public auction on Tuesday, May 8, 2007. property guide | table of contents letter from the auctioneer..................................................................3 disclaimer........................................................................................4 survey.............................................................................................5 property information.........................................................................6 survey........................................................................................... 10 disclosure...................................................................................... 11 pictures......................................................................................... 14 floor plan....................................................................................... 16 location......................................................................................... 18 buyer broker participation................................................................ 23 recommendations........................................................................... 25 terms............................................................................................ 26 conclusion...................................................................................... 32 © 2007 Beadles-Hamar Auction and Real Estate and Purple Wave Auction Inc. letter | from the auctioneer Dear prospective buyer, We at Beadles-Hamar Auction and Real Estate and Purple Wave Auction Inc. are pleased to offer real estate at 42777 McAlester Drive in Wister, Okla. The property will be sold at live auction on Tuesday, May 8, 2007, at 10:00 am. The auction will be held at the property location. Internet bidding will close one hour prior to the live auction. Visit purplewave.com to bid, view pictures and video tours of the property and review property information. Visit Beadles-Hamar at www.beadles-hamar.com. If you have any questions, contact Alvin at 405.590.3831. Purple Wave staff is available by phone at 785.537.5057 on Monday through Friday from 9:00 am to 5:00 pm CDT and on Saturday from 10:00 am to 3:00 pm. Please feel free to contact us during this time if you have questions or require further information. We appreciate your interest in the auction and we look forward to seeing you on auction day. Alvin Beadles Broker/auctioneer Beadles-Hamar Auction and Real Estate 121 West Broadway | Thomas, OK 73669 405.590.3831 | [email protected] purplewave.com | 3 auction | disclaimer All properties are selling in their present, “as-is” condition and accepted by buyer(s) without any expressed or implied warranties from the seller(s) or sellers’ agents. It is incumbent upon buyers to exercise their own due diligence prior to bidding on the properties. It is the responsibility of the prospective buyer(s) to have any and all inspections completed prior to auction day, including, but not limited to, termite, roof, structure, electrical, mechanical, plumbing, groundwater, flood designation, environmental, presence of lead-based paint and/or lead-based paint hazards, presence of mold, and other desired inspections, if any. Information is given from sources deemed reliable but not guaranteed by the seller(s) or auctioneers/Realtors. Information provided on websites is only a guide and is subject to change without notice. Descriptions are believed to be correct; however, neither auctioneers/Realtors nor seller(s) make any warranties or guarantees as to genuineness, authenticity of, or defect of any items and will not be held responsible for advertising discrepancies or inaccuracies. Announcements made the day of the sale will supersede all other advertisements. Neither the seller(s) nor auctioneers/Realtors shall be held responsible for accidents. No recourse or cause of action will lie against seller(s) or auctioneers/Realtors should buyer(s) become dissatisfied with his or her decisions respecting bidding on or purchasing the properties described herein, whatever they may be. 4 | purplewave.com property | survey purplewave.com | 5 property | information The property is located in LeFlore County, Oklahoma and consists of approximately 177 acres. It lies approximately three miles east of LeFlore, Okla. Lot 4001 | tract 1 ∙ Southeast parcel, 27.84 acres ∙ Frontage on Leflore, Road With 1273.19 ft of frontage on LeFlore Rd, tract 1 would make a great homestead. It includes a pond that was dug out last year and a creek with a year-round live spring. Lot 4002 | tract 2 ∙ Northeast parcel, 23.9 acres ∙ Borders Wister Public Hunting land Tract 2 is located on the northeast part of the property. It features a creek and a pond and borders Wister Public Hunting Area on the north. Lot 1003 | tract 3 ∙ Northwest section, 85.46 acres Tract 3 is located north and west of tracts 1 and 2 and its west side borders the county-maintained McAlester Drive. It is the largest of the tracts. It features several nice ponds including two neighboring small ponds that, in the past, were used as a minnow hatchery. There are also corrals located on the west side of the property. 6 | purplewave.com property | information Lot 4004 | tract 4 ∙ North of house, 34.95 acres ∙ Includes poultry barns Tract 4 is located west of McAlester Drive. It features two 400’ x 36’ poultry barns that were in operation as late as last spring. The barns were under OK Farms from Fort Smith and could be in production with them again but the barns would require upgrades. Several feed bins and two 1,000 gallon propane tanks are located between the barns. The hay ground which surrounds the barns has been fertilized with the chicken litter. It has historically produced as many as 300 4’ x 5’ bales over three total cuttings in a year. A quarter-acre pond lies approximately 80 yards west of the north barn. Sassafras trees can be found 150 yards north of the north barn. Lot 4005 | tract 5 ∙ House and pole shed, 5.0 acres ∙ West side of road House The house is a single-story, two bedroom, single bathroom home built in 1974. A two-car carport is attached to the north side. Attached to the west side of the carport is an 8’ x 9’ playroom or storage room. A lean-to awning extends from the west side of the house providing shade over the back door. purplewave.com | 7 property | information The front door on the east side of the house enters to a large, carpeted living room with a stove set on a small, bricked area in the northeast corner. An electric heater is mounted on the west wall and a window air conditioner is mounted directly north of the main entrance near the stove. The southwest corner of the living room leads to the bedrooms and the bathroom. The two bedrooms are located on the south side of the house. They feature windows on each exterior wall and closets. The bathroom is north of the west bedroom. On the west side of the living room is the dining area and west door. The kitchen is located south of the dining area. A double porcelain sink sits directly under a window facing west into the yard. The appliances selling with the house include a Whirlpool gas range, a Kenmore refrigerator with ice maker, a Whirlpool Ultimate Care II washer, a heavy duty dryer and an Ace Countryman 40 gallon propane water heater. North of the living room is the study which could easily be a third bedroom. A large, walk-in closet is in the northwest corner and bookshelves line the south wall east of the entrance. Outbuildings The property features two outbuildings. An 8’ x 16’ storage building sits directly west of the house and a 40’ x 40’ pole shed lies 70 yards west of the house. West of the pole shed are the 8 | purplewave.com property | information hog pens. Utilities A fire hydrant is installed on the southeast corner of the property near the road to reduce insurance premiums. LeFlore county has some of the best rural water service in Oklahoma; the property is located in the Summerfield water district. Electricity is provided by the Kiamichi Electric Cooperative based in Wilburton, Oklahoma. While McAlester Drive is a dead-end road that ends north of the house, it is a county-maintained road. purplewave.com | 9 Dimensions are approximate. 10 | purplewave.com property | survey property | disclosure purplewave.com | 11 12 | purplewave.com property | disclosure property | disclosure purplewave.com | 13 property | pictures Home located at 11674 Bob’s Lane East from deck on south side of home South showing yard and edge of pond from deck East from yard Southeast from yard Southeast from yard near road South from road west on west side of property Northwest from Flush Road Home and shed from neighboring property Northwest from intersection of Bob’s Lane and Flush Road Southwest from northeast corner of property 14 | purplewave.com property | pictures South from corner of property Southwest from road directly north of shop Southeast from road west of property Southeast from road west of property Southeast from road west of property Southeast from road South from road north of house Southeast from road north of house and shop Southwest from road showing driveway South showing house and driveway from road West from shop West from shop showing house and large yard purplewave.com | 15 Dimensions are approximate. 16 | purplewave.com property | floor plan property | floor plan Dimensions are approximate. purplewave.com | 17 property | location The property is located in LeFlore County, Oklahoma and consists of approximately 177 acres. It lies approximately three miles east of LeFlore, Okla., or approximately 23 miles southwest of the county seat of Poteau, Okla., near the intersection of Oklahoma highways 270 and 271. Paved county road 154, also known as LeFlore Road, leads from LeFlore to OK-271. McAlester Drive is a county-maintained road that intersects LeFlore Road about three miles east of LeFlore. The house and its five acres are located a ¼ mile north of LeFlore Road on the west side of McAlester Drive. The broiler barns and the 34.95 acres are located just north of the house. 137 acres of pasture land is located on the east side of McAlester, with parts bordering CR-154. The 137 acres will be offered in three parcels, one of 27.84 acres which borders CR-154, one of 23.90 acres on the northeast which borders the public hunting land and the remainder of 85.46 acres which borders McAlester Drive on the west. The property is located approximately 7.5 miles east of LeFlore, Oklahoma, and 15 miles southwest of Wister, Okalahoma. The property borders the Wister Public Hunting Area. Legal description Lot 4001 A part of the south half of the southeast quarter of section 13, township 5 north, range 22 east of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Commencing at the SW corner of said S/2 SE; thence south 89 degrees 53 minutes 35 seconds east along the south line of said SE/4 a distance of 920.84 feet to the true point of beginning; thence north 00 degrees 09 minutes 08 seconds west a distance of 672.46 feet; thence north 81 degrees 08 minutes 18 seconds east a distance of 62.53 feet; thence north 64 degrees 53 minutes 42 seconds east a distance of 1335.55 feet; thence south 00 degrees 10 minutes 27 seconds east a distance of 1251.12 feet to a point on the south line of said SE/4; thence north 89 degrees 53 minutes 35 seconds west a distance of 1273.19 18 | purplewave.com property | location feet to the point of beginning. Lot 4002 A part of the east half of the southeast quarter of section 13, township 5 north, range 22 east of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Beginning at the NE corner of the SE/4 of said section 13; thence south 89 degrees 59 minutes 35 seconds west along the north line of said SE/4 a distance of 437.79 feet; thence south 00 degrees 10 minutes 27 seconds east a distance of 1569.25 feet; thence south 89 degrees 53 minutes 35 seconds east a distance of 332.80 feet; thence north 00 degrees 10 minutes 28 seconds west a distance of 355.83 feet; thence south 89 degrees 53 minutes 32 seconds east a distance of 105.00 feet to a point on the east line of said SE/4; thence north 00 degrees 10 minutes 28 seconds west a distance of 1214.29 feet to the point of beginning AND A part of lot 2 and 3 of section 18, township 5 north, range 23 east of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Beginning at the NW corner of lot 3 of said section 18; thence south 00 degrees 10 minutes 28 seconds east along the west line of said Lot 3 a distance of 1122.00 feet; thence north 89 degrees 49 minutes 32 seconds east a distance of 220.00 feet; thence purplewave.com | 19 property | location north 00 degrees 10 minutes 28 seconds west a distance of 1783.13 feet to a point on the north line of the SE/4 of said Lot 2; thence north 89 degrees 41 minutes 31 seconds west a distance of 220.00 feet to the NW corner of the SW4 of Lot 2 of said Section 18; thence south 00 degrees 10 minutes 28 seconds east a distance of 662.99 feet to the point of beginning. Lot 1003 A part of the southeast quarter of section 13, township 5 north, range 22 east of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Beginning at the NW corner of the SE/4 of said section 13; thence north 89 degrees 59 minutes 35 seconds east a distance of 2193.01 feet; thence south 00 degrees 10 minutes 27 seconds east a distance of 1399.91 feet; thence south 64 degrees 53 minutes 42 seconds west a distance of 1335.55 feet; thence south 81 degrees 08 minutes 18 seconds west a distance of 62.53 feet; thence north 00 degrees 09 minutes 08 seconds west a distance of 277.54 feet; thence north 89 degrees 53 minutes 35 seconds west a distance of 920.84 feet to a point on the west line of said SE/4; thence north 00 degrees 09 minutes 08 seconds west a distance of 1696.68 feet to the point of beginning. Lot 4004 A part of the northeast quarter of the southwest quarter of section 13, township 5 north, range 22 east of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Beginning at the NW corner of the NE SW of said section 13; thence north 89 degrees 59 minutes 35 seconds east a distance of 1315.40 feet to the NE corner of said NE SW; thence south 00 degrees 09 minutes 08 seconds east a distance of 1157.89 feet; thence north 89 degrees 56 minutes 55 seconds west a distance of 1315.62 feet to a point on the west line of said NE SW; thence north 00 degrees 08 minutes 29 seconds west a distance of 1156.55 feet to the point of beginning. Lot 4005 A part of the northeast quarter of the southwest quarter of section 13, 20 | purplewave.com property | location township 5 north, range 22 east of the Indian Base and Meridian, Leflore County, Oklahoma, more particularly described as follows: Beginning at the SW corner of the NE SW of said section 13; thence north 00 degrees 08 minutes 29 seconds west along the west line of said NE SW a distance of 165.44 feet; thence south 89 degrees 56 minutes 55 seconds east a distance of 1315.62 feet to a point on the east line of said NE SW; thence south 00 degrees 09 minutes 08 seconds east a distance of 165.44 feet to the SE corner of said NE SW; thence north 89 degrees 56 minutes 55 seconds west a distance of 1315.66 feet to the point of beginning. Wister, Okla. The following text is printed verbatim under section 2 of the GNU Free Documentation License. The original URL is viewable at http://en.wikipedia.org/wiki/Wister%2C_Oklahoma. Wister is a town in Le Flore County, Oklahoma, United States. It is part of the Fort Smith, Arkansas-Oklahoma Metropolitan Statistical Area. The population was 1,002 at the 2000 census. Geography Wister is located at 34°58′6″N, 94°43′23″W (34.968411, -94.723191)GR1. According to the United States Census Bureau, the town has a total area of 3.8 km² (1.5 mi²). 3.7 km² (1.4 mi²) of it is land and 0.1 km² (0.04 mi²) of it (2.04%) is water. Demographics As of the censusGR2 of 2000, there were 1,002 people, 412 households, and 276 families residing in the town. The population density was 268.7/km² (694.3/mi²). There were 450 housing units at an average density of 120.7/ km² (311.8/mi²). The racial makeup of the town was 83.93% White, 11.18% Native American, 0.20% Asian, 0.10% from other races, and 4.59% from two or more races. Hispanic or Latino of any race were 2.20% of the population. purplewave.com | 21 property | location There were 412 households out of which 28.9% had children under the age of 18 living with them, 49.3% were married couples living together, 12.6% had a female householder with no husband present, and 32.8% were nonfamilies. 29.9% of all households were made up of individuals and 16.0% had someone living alone who was 65 years of age or older. The average household size was 2.43 and the average family size was 2.99. In the town the population was spread out with 27.0% under the age of 18, 8.5% from 18 to 24, 24.7% from 25 to 44, 21.3% from 45 to 64, and 18.6% who were 65 years of age or older. The median age was 37 years. For every 100 females there were 98.0 males. For every 100 females age 18 and over, there were 87.0 males. The median income for a household in the town was $20,602, and the median income for a family was $26,417. Males had a median income of $21,154 versus $15,556 for females. The per capita income for the town was $11,851. About 15.5% of families and 19.4% of the population were below the poverty line, including 26.3% of those under age 18 and 19.1% of those age 65 or over. 22 | purplewave.com auction | buyer broker For the properties located at 11674 Bob’s Lane in Manhattan, Kan., to be auctioned on Thursday, March 29, 2007, a commission will be paid to any properly licensed real estate broker whose buyer is the successful purchaser for this property and who actually closes and pays the total contract sale price for the property. The commission shall be paid as follows: Three percent commission will be paid on any pre-sale or written opening bid amount shown on the broker participation form, included in this document or available upon request. A one percent commission will be paid on the amount by which the successful high bid at auction, not including the buyer’s premium, exceeds the bid amount indicated on the broker participation form. If an opening bid is not written on the broker participation form, or the form is not submitted according to the terms listed thereon, then a one percent commission will be paid to the broker on the full amount of the successful high bid. To earn the buyer broker commission, the participating broker must register his or her bidder by completing the broker participation form in full and must fax, mail, or email it to Purple Wave Auction Inc. The form must be received no later than 24 hours prior to the start of the auction. The form should be sent to: Beadles-Hamar Auction and Real Estate 121 West Broadway | Thomas, OK 73669 [email protected] purplewave.com | 23 auction | buyer broker Beadles-Hamar Auction & Real Estate 121 West Broadway Thomas, OK 73669 Broker/Auctioneer Voice 405.590.3831 TX License No. 16213 Fax 580.661.2092 NAA, CAI, CES, OSAA, OAR, KSA, KAR, TAA, NAR, MLS, BS, MS, EdD www.beadles-hamar.com Alvin Beadles 3% Buyer Broker Participation Auction date time title Property address Broker details Company name Address City, state, zip Phone Mobile Broker name Salesperson name Salesperson license number Broker license number Taxpayer ID Prospect information Prospect name Address City, State, Zip Prospect signature Opening bid amount $ Commission offered to participating brokers is 3% of the opening bid amount listed above plus 1% of any additional amount bid at the auction by the prospect above. This form must be completed and faxed to Beadles-Hamar Auction & Real Estate, 580.661.3286, 48 hours prior to auction time. This property is selling in its present condition and accepted by buyer(s) without any expressed or implied warranties from the seller(s) or his/her/their agents. It is incumbent upon buyer(s) to exercise his/her/their own due to diligence prior to bidding on this property. It is the responsibility of the prospective purchaser(s) to have any and all inspections completed prior to the auction day including, but not limited to, roof, structure, termite, environmental, groundwater, flood designation, presence of lead-based paint and/or lead-based paint hazards, electrical, mechanical, plumbing and other desired inspections, if any. Information given is from sources deemed reliable but not guaranteed by the seller or the Realtors/Auctioneers. Announcements made the day of auction shall take precedence. Participating buyer broker agreement Registration must include the signature of both the broker and the bidder. Broker must be licensed in the state of Oklahoma. Broker must show the property in person to the bidder. Broker must attend and register with his/her bidder at the auction and encourage bidding. It is the responsibility of the broker to ensure receipt of form by Beadles-Hamar Auction & Real Estate by calling 405.590.3831. Broker agrees that no oral registration will qualify broker for commission. Broker agrees that broker’s commission will be due upon final closing of the purchase by his bidder with all consideration paid in full. Broker agrees that only the first registration of prospective bidder(s) will be accepted and honored. No amendments to registration opening bids will be accepted. Broker agrees that commission will only be paid at time of closing and will be disbursed by the escrow agent. Broker agrees that he/she shall hold harmless and indemnify Beadles-Hamar Auction & Real Estate, including its reasonable attorney’s fees, from any and all claims with regard to such commission. Broker’s signature Internet bidding at www.purplewave.com 24 | purplewave.com auction | recommendations Thoroughly read the property information document and familiarize yourself with the properties offered and the auction terms and conditions. If you will require financing, please see a lender for pre-qualification. If you have questions about the terms, conditions or purchase agreement, contact our office and speak with one of the auction staff. Attend an open house/preview and inspect or drive-by each property in which you are interested. Establish a range of value for the property and bid within your limits. We do not recommend that you bid on a property that you have not seen. There is not an inspection period after the auction. Deposit is 10% down on auction day. The deposit is non-refundable. When preparing a sealed bid, if offered, read through the property information package. It may contain title information, income/expense statements, surveys, and general property information. It will also completely detail the sealed bid process. All information about the property has been provided by the seller. All bidders must verify all information to their own satisfaction prior to bidding. Immediately upon completion of the auction, winning bidders will be required to execute an Auction Contract. Please be prepared to close the transaction within 30 days. Buying real estate at auction is simple and easy. Good luck in your bidding! purplewave.com | 25 auction | terms and conditions The following shall be part of the Auction Contract executed by buyer(s) on the date of the auction. Conditions of sale Everyone must register for a bidding number. The owner warrants to convey marketable title to the real estate through a limited warranty deed, free from all encumbrances, liens, or judgments at the time of closing. Buyer’s premium A 10% buyer’s premium will be added to the bid to establish the contract price the successful bidder must pay. For example, a bid of $100,000 will be assessed a $10,000 buyer’s premium, creating a contract price of $110,000. Restrictions The property is sold subject to all city, county, and state laws, ordinances, and regulations as well as any and all easements, encumbrances, and restrictions applicable to the property. Seller is placing no restrictions on the property. Release By its acceptance of the deed, buyer shall be deemed to release seller, Beadles-Hamar Auction & Real Estate and Purple Wave Auction, Inc. from any and all claims and liabilities relating to any defect, deficiency of other matter concerning the property including, without limitation, the quality, condition, quantity, or use of the property. Sellers, Beadles-Hamar Auction & Real Estate and Purple Wave Auction, Inc. give no warranties of any kind either expressed or implied, with respect to the condition, merchantability, use, size, configuration, design, or suitability of the property. Legal courses of action Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer’s performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer’s agents, representatives, successors and assigns 26 | purplewave.com auction | terms and conditions to indemnify, defend and hold harmless sellers, Beadles-Hamar Auction & Real Estate and Purple Wave Auction, Inc., their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys’ fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer’s use of Beadles-Hamar Auction & Real Estate and Purple Wave Auction, Inc.’s website and (III) a dispute with another bidder. Arbitration For disputes between buyer and seller, Beadles-Hamar Auction & Real Estate and/or Purple Wave Auction, Inc., that are not resolved by the parties within ten days after any party gives notice to the others of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Such arbitration shall be conducted in Manhattan, Kansas. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years. Bid rejection Beadles-Hamar Auction & Real Estate and Purple Wave Auction, Inc. reserve the right to reject any and all bids from any bidder. Bid retraction By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the purchase offer. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. purplewave.com | 27 auction | terms and conditions Assessment of condition All bidders, including buyer, should rely solely on personal inspection and not information listed in this property information document, on the website, or otherwise provided by Beadles-Hamar Auction & Real Estate, Purple Wave Auction, Inc. or seller. Any bidder’s failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale. Auction contract Please note that the Auction Contract executed by buyer and seller immediately following the close of the auction will be written based on the manner in which buyer bids. Buyer will be closing on the tract or combination of tracts on which buyer is the successful bidder in the final manner in which buyer bids at the auction. Real estate brokerage services disclosure Beadles-Hamar Auction & Real Estate and its auctioneer, Purple Wave Auction, Inc., represent the seller in this transaction. They do not represent the buyer in any manner and they must be completely loyal and faithful to the seller. Beadles-Hamar Auction & Real Estate has an exclusive right to the listing for this transaction. All negotiations must be conducted through Beadles-Hamar Auction & Real Estate. Beadles-Hamar Auction & Real Estate is the exclusive agent for the sellers in this transaction. All successful bidders will be required to sign an agency disclosure form at the time of signing the purchase contract, if applicable. Beadles-Hamar Auction & Real Estate’s involvement in contract The seller and buyer hereby agree that Beadles-Hamar Auction & Real Estate is an intended third party beneficiary of the Auction Contract and shall receive compensation as stated in the agreement between it and seller. Utilities Neither Beadles-Hamar Auction & Real Estate and Purple Wave Auction, 28 | purplewave.com auction | terms and conditions Inc. nor the seller guarantee the availability of utilities, public or private. This exclusion consists of, but is not limited to, wells, septic tanks, access to public utilities, or any hook-up fees therewith. Confirmation of utility availability is the bidder’s sole responsibility. Terms A 10%, non-refundable deposit based on the contract price will be due from buyer immediately after buyer is declared the winner. The balance shall be payable in cash at closing in 30 days. This transaction is not contingent on the buyer obtaining financing or upon any other event except as specifically referred to in these terms and conditions. Personal or business checks will be accepted with a bank letter guaranteeing payment of such funds. Remedies If buyer chooses not to close within the stated time herein and no written extension has been granted by the seller, the buyer will forfeit all the deposit and Beadles-Hamar Auction & Real Estate may disperse the deposit as stated in the listing agreement. Notwithstanding the foregoing, seller may seek any other relief or remedy in law or equity, including suing the buyer for specific performance, which buyer expressly agrees is permitted, and/or any additional damages the seller suffers by the default of the buyer. Escrow All monies collected on sale day will be deposited in an escrow account, the location of which is listed below. Beadles-Hamar Auction & Real Estate Trust Account Bank of the West 101 South Main Thomas, OK 73669 Possession Buyer shall receive possession of property at the date of closing. purplewave.com | 29 auction | terms and conditions Multiple tract sales Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. Beadles-Hamar Auction & Real Estate reserves the right to offer the property in individual tracts or lots, combinations of tracts or lots, as a whole or in anyway that we see fit in order for it to bring the most money for the seller. The sale of combinations supersedes the sale of individual tracts. The decision of the auctioneer is final. Seller and Beadles-Hamar Auction & Real Estate reserve the right to amend any terms or conditions prior to or during the auction. Title evidence Seller shall furnish buyer title evidence covering the property, which shows marketable title vested in seller according to the title standards adopted by the Oklahoma Bar Association. Seller, at seller’s expense, shall provide an abstract of title, covering the surface only, certified to a date subsequent to the date subsequent to the date of the purchase contract (including a current Uniform Commercial Code Certification). Buyer shall, at buyer’s expense, obtain either a title opinion or an Owner’s Title Insurance Policy and a Mortgagee’s Title Insurance Policy, if required by the lender. Closing cost Buyer’s expense Buyer shall pay at the time of the closing, in cash, electronic transfer of funds, or certified funds, one-half of the escrow closing fee, buyer’s recording fees, Oklahoma sales tax (if any), and all other funds required from buyer set forth in the contract. Seller’s expense Seller shall pay at the time of the closing, documentary stamps required, one-half of the escrow closing fee, seller’s recording fees (if any), and all other expenses required from seller set forth in the contract. Prior to the auction, at sellers’ expense, sellers have provided an individual pin survey of each of the tracts and a termite inspection on the residence. 30 | purplewave.com auction | terms and conditions Closing location and agent The closing location and agent will be Adam’s Abstract Company, 206 South Broadway, Poteau, OK 74953. Title insurance All title insurance commitment fees and premiums will be paid by buyer. Taxes Real estate, personal property, and other taxes or governmental assessments against the property will be prorated to the day of closing. Miscellaneous All prior understandings and agreements between the parties are merged into this agreement, which constitutes the entire agreement between the parties. Time is of the essence of this agreement. This agreement shall be construed in accordance with and governed by the laws of the state of Oklahoma. No delay or failure by seller to exercise any right hereunder, and no partial or single exercise of such right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, and assigns. purplewave.com | 31 property guide | conclusion Thank you for reviewing this property information document in its entirety. We hope that you have found it informative and user friendly. If you have any questions, please do not hesitate to contact us at 405.590.3831. Our staff will be happy to assist you in any way possible. Beadles-Hamar Auction and Real Estate 405.590.3831 | [email protected] Purple Wave Auction Inc. 785.537.5057 | [email protected] We have found in the past that persons reviewing a property information document are not only interested in buying real estate, but usually have real estate to sell. If you are interested in selling real estate at auction, please contact Alvin Beadles at 405.590.3831 or [email protected] or Aaron McKee at 785.537.5057 or [email protected]. We look forward to seeing you at the auction. BH Beadles -Hamar auction and real estate 32 | purplewave.com