Updyke Trust Land Auction
71 +/- Acres located on Jamaica Rd., Carlisle, OH
Cropland - Country Lifestyle Site - Wildlife
Miami Township - Montgomery County
Well-located land tract having 62.7 tillable acres with the balance in woods-lined creeks. Many possibilities.
Montgomery Co. Parcel K50025100002
297' Frontage on Jamaica Rd.
Adjacent to the Village of Carlisle
PREVIEWS: Mondays, November 2 & 9 (4- 5 PM) or walk at your leisure
Cheri L. Hannah and Larry D. Updyke, Co- Trustees
Jeff Harvey, Broker 937-244-2121
Any questions about bidding or tech help, call Jill at 937-244-1448.
A copy of the legal description and the Confirmation of Sale Agreement is available above under documents.
ONLINE AUCTION – REAL ESTATE
Thursday, November 19, 2020, begins to close at 7 pm
MIAMI TOWNSHIP, MONTGOMERY COUNTY
71+/- Acres
Jamaica Rd., Carlisle, Ohio 45502 (the “property”)
Seller(s): Larry C. Updyke and Cheri L. Hannah, Co-Trustees
of the Adeline H. Updyke Family Trust
TERMS AND CONDITIONS OF AUCTION :
1. General Terms of Auction: The property shall sell to the highest bidder subject to the Seller’s confirmation and acceptance of the high bid. THIS IS A RESERVE AUCTION. Bidders shall be responsible for their own due diligence prior to bidding on the property and are advised to conduct, or have conducted on their behalf, any inspections of the property prior to placing a bid. All bids shall constitute a legal and binding offer to purchase the property. Upon close of bidding the high bid shall be presented to Seller. If Seller confirms and accepts the high bid then Seller shall execute a “Confirmation of Sale Agreement” and the high bidder shall then be the “Buyer” subject to the remaining terms of this Agreement. The Confirmation of Sale Agreement, together with the terms and conditions contained herein, shall collectively constitute the Sales Contract. All terms of the Sales Contract shall be binding on both Buyer and Seller. By signing this Agreement the Bidder acknowledges receipt of disclosure of the terms of the Confirmation of Sale Agreement.
2. The Confirmation of Sale Agreement: Upon the close of bidding and receipt of notification from the Auctioneer that Bidder is the high bidder the high Bidder shall execute the Confirmation of Sale Agreement. Thereafter, the Confirmation of Sale Agreement shall constitute the Bidder’s offer to Seller and shall be presented to Seller for confirmation and acceptance.
3. Buyer’s Deposit: Upon Seller accepting the high bid, Buyer shall deposit the sum of $10,000 made payable to Harvey Plus LLC (broker) within 24 hours of Buyer’s notification that Seller accepted the high bid. The deposit shall be applied as a credit to Buyer at closing towards the purchase price. Buyer’s deposit shall be non-refundable. In the event Buyer fails to close on the property then it is agreed Seller shall retain Buyer’s deposit as liquidated damages. If Seller fails to perform pursuant to the terms of this Agreement then the Buyer’s deposit shall be returned to the Buyer and both parties shall be released from their obligations under the Sales Contract and said contract shall thereafter be null and void.
4. Seller’s Disclosures: Bidder acknowledges receipt of Seller’s Residential Property Disclosure (if applicable), Lead-Based Paint Form (if applicable), the Ohio Residential Property Disclaimer Statement (if applicable), and all other disclosures that may be required under Ohio law. Bidder agrees, if Bidder is the high bidder, that he/she/it shall execute all necessary disclosures as the Buyer upon Seller’s confirmation and acceptance of the high bid.
5. Auctioneer’s Representation of the Property: The information listed in materials describing the property has been obtained from sources which are deemed by Auctioneer to be reliable, but shall not be guaranteed by the Auctioneer or its agents and employees. Bidder’s shall be responsible for his/her/its own due diligence as to the condition of the property and the property’s suitability for Bidder’s intended use. Bidder shall be responsible, at Bidder’s option, for verifying all property information prior to placing a bid. Bidder’s decision to bid shall be the deemed the independent decision of each Bidder. Auctioneer assumes no responsibility for the condition of the property or for the performance of the parties under this Agreement. By signing this Agreement Bidder hereby warrants and represents that Auctioneer has not made any statements, representations or warranties regarding the condition of the property and premises, fixtures thereto, zoning conditions, governmental requirements or environmental matters, guarantees or warranties of the like, upon which Bidder may rely and which are not contained in this Agreement. The Auctioneer, Harvey Plus LLC, shall not be responsible or liable in any way if the Seller fails to honor the terms of the Sales Contract.
6. Reservation of Right to Cancel Auction or Bid: Bidder agrees the Auctioneer, Harvey Plus LLC, on behalf of Seller, shall have the right to cancel any bid or withdraw any property from the auction at any time prior to Seller confirming and accepting a high bid.
7. Bid Structure: The opening bid and all bidding increments shall be determined solely by the Auctioneer. Auctioneer shall set, and have the right to adjust, the minimum bid increments as the auction progresses. Auctioneer may reject any bid if Auctioneer determines the bid is merely nominal or may negatively affect the auction process. The auction will either be “Absolute” or “Reserve.” If this is an Absolute auction, the high bidder shall be the Buyer and the high bid shall be deemed accepted by Seller upon close of bidding. If this is a “Reserve” auction the Seller reserves the right to either accept or reject the high bid. However, if a bid is placed which exceeds the predetermined Reserve Price the auction shall then be an Absolute auction and the property will be sold to the high bidder. The auction shall be a Reserve auction until stated otherwise by Auctioneer or until such time as the declared reserve price is met.
TERMS AND CONDITIONS OF SALE:
8. Purchase Price: Upon Buyer and Seller executing the Confirmation of Sale Agreement the high bid shall represent the purchase price.
9. Contingencies: By signing this Agreement and by placing any bid at auction the Bidder/Buyer acknowledges and represents the purchase and sale of the property SHALL NOT be contingent upon Buyer securing financing, performing inspections, or Buyer’s satisfaction with any appraisal of the property subject to this Agreement.
10. “AS-IS”: The property shall be auctioned and conveyed in an “AS-IS, WHERE-IS” condition as of the date and time of sale. Neither Harvey Plus LLC, nor the Seller(s), their agents, employees or representatives make any warranties, expressed or implied, of any kind whatsoever concerning the property and this sale.
11. Closing: The closing shall be conducted by City Title Agency in Springfield, Ohio and shall occur on or before forty-five (45) calendar days of Seller executing the Confirmation of Sale Agreement. Title insurance, if desired, shall be paid by the Buyer.
12. Closing Costs: Buyer shall be responsible for all closing costs, including but not limited to: settlement/closing fee, title search fee(s), the cost of all documentary stamps, wire fees, and other costs incident to settlement. The Seller shall be responsible for the deed preparation fee and conveyance fee.
13. Title Insurance: The cost of an owner’s policy of title insurance and any accompanying title insurance endorsements shall be paid by the Buyer if Buyer elects title insurance.
14. Real Estate Taxes: The property taxes shall be pro-rated through date of closing with Buyer receiving a credit at closing. (Long Proration Method). The property is in the CAUV Program (Current Agricultural Use Valuation).The annual property tax for the year 2019 was $3,877.73. Sellers to pay 2020 real estate taxes.
15. Cropland: Tenant has been paying cash rent at $250.00 per tillable.
16. Possession: Buyer shall be given possession of the property upon closing.
17. Agency: It is acknowledged by Buyer that Harvey Plus, LLC., and its representatives, are the Exclusive Agents of the Seller.
18. Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. The property is sold on an “As Is, Where Is” basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person’s credentials, fitness, etc. All decisions of the Auctioneer are final.
AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Harvey Plus LLC (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company.
2) REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete Terms and Conditions of Auction, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their auction account. Auction accounts are nontransferable. All bids made by the holder of the account will be the responsibility of the registered Bidder.
3) BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The acceptable bidding increments are established and controlled by the Auctioneer.
4) New Data, Corrections, and Changes: Please monitor your email and the website for any changes, corrections or additions to the property information.
6) REFRESH BUTTON - To keep your screen current for proper bidding you will need to hit your browser’s ‘Refresh Button’ often. Practice prior to bidding to understand how the refresh button works.
7) AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. Any lot that gets a bid within FIVE minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. It will remain open until there are no bids on that lot. This only affects lots with bids in the last FIVE minutes; other lots will continue to close at their normal times. If you have questions please call us at 937-244-1448.
8) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the property prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing the property in an As-Is, Where-Is condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
9) MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid unless the current high bidder has placed a higher maximum bid prior to yours which is triggered by your bid. Another bidder has to bid to increase the current price and the computer will automatically, competitively bid up to your maximum in the increments specified. It is advised by Auction Company to bid your highest and best bid as soon as possible to have the best chance of being the successful bidder at the close of the auction. It is the sole responsibility of the bidder to understand how the system works. Buyer hereby acknowledges he/she has had adequate time to read the auction’s terms and conditions and by bidding, acknowledges that he/she understands all aspects of the auction and bidding system.
10) TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Harvey Plus, LLC. reserves the right to extend bidding, restart the bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Harvey Plus LLC. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.
Thursday, November 19, 2020, begins to close at 7 pm
MIAMI TOWNSHIP, MONTGOMERY COUNTY
71+/- Acres
Jamaica Rd., Carlisle, Ohio 45502 (the “property”)
Seller(s): Larry C. Updyke and Cheri L. Hannah, Co-Trustees
of the Adeline H. Updyke Family Trust
TERMS AND CONDITIONS OF AUCTION :
1. General Terms of Auction: The property shall sell to the highest bidder subject to the Seller’s confirmation and acceptance of the high bid. THIS IS A RESERVE AUCTION. Bidders shall be responsible for their own due diligence prior to bidding on the property and are advised to conduct, or have conducted on their behalf, any inspections of the property prior to placing a bid. All bids shall constitute a legal and binding offer to purchase the property. Upon close of bidding the high bid shall be presented to Seller. If Seller confirms and accepts the high bid then Seller shall execute a “Confirmation of Sale Agreement” and the high bidder shall then be the “Buyer” subject to the remaining terms of this Agreement. The Confirmation of Sale Agreement, together with the terms and conditions contained herein, shall collectively constitute the Sales Contract. All terms of the Sales Contract shall be binding on both Buyer and Seller. By signing this Agreement the Bidder acknowledges receipt of disclosure of the terms of the Confirmation of Sale Agreement.
2. The Confirmation of Sale Agreement: Upon the close of bidding and receipt of notification from the Auctioneer that Bidder is the high bidder the high Bidder shall execute the Confirmation of Sale Agreement. Thereafter, the Confirmation of Sale Agreement shall constitute the Bidder’s offer to Seller and shall be presented to Seller for confirmation and acceptance.
3. Buyer’s Deposit: Upon Seller accepting the high bid, Buyer shall deposit the sum of $10,000 made payable to Harvey Plus LLC (broker) within 24 hours of Buyer’s notification that Seller accepted the high bid. The deposit shall be applied as a credit to Buyer at closing towards the purchase price. Buyer’s deposit shall be non-refundable. In the event Buyer fails to close on the property then it is agreed Seller shall retain Buyer’s deposit as liquidated damages. If Seller fails to perform pursuant to the terms of this Agreement then the Buyer’s deposit shall be returned to the Buyer and both parties shall be released from their obligations under the Sales Contract and said contract shall thereafter be null and void.
4. Seller’s Disclosures: Bidder acknowledges receipt of Seller’s Residential Property Disclosure (if applicable), Lead-Based Paint Form (if applicable), the Ohio Residential Property Disclaimer Statement (if applicable), and all other disclosures that may be required under Ohio law. Bidder agrees, if Bidder is the high bidder, that he/she/it shall execute all necessary disclosures as the Buyer upon Seller’s confirmation and acceptance of the high bid.
5. Auctioneer’s Representation of the Property: The information listed in materials describing the property has been obtained from sources which are deemed by Auctioneer to be reliable, but shall not be guaranteed by the Auctioneer or its agents and employees. Bidder’s shall be responsible for his/her/its own due diligence as to the condition of the property and the property’s suitability for Bidder’s intended use. Bidder shall be responsible, at Bidder’s option, for verifying all property information prior to placing a bid. Bidder’s decision to bid shall be the deemed the independent decision of each Bidder. Auctioneer assumes no responsibility for the condition of the property or for the performance of the parties under this Agreement. By signing this Agreement Bidder hereby warrants and represents that Auctioneer has not made any statements, representations or warranties regarding the condition of the property and premises, fixtures thereto, zoning conditions, governmental requirements or environmental matters, guarantees or warranties of the like, upon which Bidder may rely and which are not contained in this Agreement. The Auctioneer, Harvey Plus LLC, shall not be responsible or liable in any way if the Seller fails to honor the terms of the Sales Contract.
6. Reservation of Right to Cancel Auction or Bid: Bidder agrees the Auctioneer, Harvey Plus LLC, on behalf of Seller, shall have the right to cancel any bid or withdraw any property from the auction at any time prior to Seller confirming and accepting a high bid.
7. Bid Structure: The opening bid and all bidding increments shall be determined solely by the Auctioneer. Auctioneer shall set, and have the right to adjust, the minimum bid increments as the auction progresses. Auctioneer may reject any bid if Auctioneer determines the bid is merely nominal or may negatively affect the auction process. The auction will either be “Absolute” or “Reserve.” If this is an Absolute auction, the high bidder shall be the Buyer and the high bid shall be deemed accepted by Seller upon close of bidding. If this is a “Reserve” auction the Seller reserves the right to either accept or reject the high bid. However, if a bid is placed which exceeds the predetermined Reserve Price the auction shall then be an Absolute auction and the property will be sold to the high bidder. The auction shall be a Reserve auction until stated otherwise by Auctioneer or until such time as the declared reserve price is met.
TERMS AND CONDITIONS OF SALE:
8. Purchase Price: Upon Buyer and Seller executing the Confirmation of Sale Agreement the high bid shall represent the purchase price.
9. Contingencies: By signing this Agreement and by placing any bid at auction the Bidder/Buyer acknowledges and represents the purchase and sale of the property SHALL NOT be contingent upon Buyer securing financing, performing inspections, or Buyer’s satisfaction with any appraisal of the property subject to this Agreement.
10. “AS-IS”: The property shall be auctioned and conveyed in an “AS-IS, WHERE-IS” condition as of the date and time of sale. Neither Harvey Plus LLC, nor the Seller(s), their agents, employees or representatives make any warranties, expressed or implied, of any kind whatsoever concerning the property and this sale.
11. Closing: The closing shall be conducted by City Title Agency in Springfield, Ohio and shall occur on or before forty-five (45) calendar days of Seller executing the Confirmation of Sale Agreement. Title insurance, if desired, shall be paid by the Buyer.
12. Closing Costs: Buyer shall be responsible for all closing costs, including but not limited to: settlement/closing fee, title search fee(s), the cost of all documentary stamps, wire fees, and other costs incident to settlement. The Seller shall be responsible for the deed preparation fee and conveyance fee.
13. Title Insurance: The cost of an owner’s policy of title insurance and any accompanying title insurance endorsements shall be paid by the Buyer if Buyer elects title insurance.
14. Real Estate Taxes: The property taxes shall be pro-rated through date of closing with Buyer receiving a credit at closing. (Long Proration Method). The property is in the CAUV Program (Current Agricultural Use Valuation).The annual property tax for the year 2019 was $3,877.73. Sellers to pay 2020 real estate taxes.
15. Cropland: Tenant has been paying cash rent at $250.00 per tillable.
16. Possession: Buyer shall be given possession of the property upon closing.
17. Agency: It is acknowledged by Buyer that Harvey Plus, LLC., and its representatives, are the Exclusive Agents of the Seller.
18. Disclaimer & Absence of Warranties: All information provided and all related materials are subject to the terms and conditions outlined in the agreement to purchase. The property is sold on an “As Is, Where Is” basis and no warranty or representation, either expressed or implied, concerning the property is made by the seller or the auction company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries and due diligence concerning the property. The information provided is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker or the auction company. All sketches and dimensions provided are approximate. Conduct of the auction and increments of bidding are at the direction and discretion of the Auctioneer. The seller, broker and auction company reserve the right to preclude any person from bidding if there is any questions to that person’s credentials, fitness, etc. All decisions of the Auctioneer are final.
AUCTION SITE USER AGREEMENT - This is a legal agreement between you (the User or Buyer) and the Site Owner or Auction Company. You must be at least 18 years old to bid. Harvey Plus LLC (hereinafter referred to as Auction Company) at its sole discretion, may ban from further use any Buyer or Seller which Auction Company believes to have in any way misrepresented itself or any item, failed to abide by the terms and conditions, or conducted any improper auction behavior as determined solely by Auction Company.
2) REGISTRATION - All Bidders are required to register for a bidder’s number to bid at our online auction. Bidders must register online providing the necessary registration information such as name, address, phone numbers, driver’s license, email address, credit card information and any other information requested for identification. The Bidder hereby acknowledges that he/she is of legal age and sound mind. By registering you are agreeing that you have read and fully understand the complete Terms and Conditions of Auction, and any additional terms and conditions announced or on the website, and agree to be bound thereby. All registered Bidders take full responsibility for their auction account. Auction accounts are nontransferable. All bids made by the holder of the account will be the responsibility of the registered Bidder.
3) BIDDING - Do not bid unless you agree to ALL of the terms and conditions posted herein. By bidding you are acknowledging agreement with all of the terms and conditions included herein and elsewhere on our website. The acceptable bidding increments are established and controlled by the Auctioneer.
4) New Data, Corrections, and Changes: Please monitor your email and the website for any changes, corrections or additions to the property information.
6) REFRESH BUTTON - To keep your screen current for proper bidding you will need to hit your browser’s ‘Refresh Button’ often. Practice prior to bidding to understand how the refresh button works.
7) AUTO EXTEND FEATURE - Please note when bidding, there is an auto-extend feature on this online auction system. Any lot that gets a bid within FIVE minutes of its Scheduled Closing Time will remain open for bids past its normal close; it will go into extended bidding. It will remain open until there are no bids on that lot. This only affects lots with bids in the last FIVE minutes; other lots will continue to close at their normal times. If you have questions please call us at 937-244-1448.
8) VIEWING - The Buyers are afforded a time specific stated opportunity (or viewing by appointment) to inspect the property prior to final close of the online bidding for the auction. The Buyers are relying solely on their investigations and inspections, and not any representations made by the Sellers, Auctioneers, their licensees, employees and agents or descriptions posted online. The Buyers hereby waive any and all further inspections. The Buyers fully agree and understand that they are purchasing the property in an As-Is, Where-Is condition, with all its goodness and faults. The Sellers, Auctioneers, their licensees, employees and agents, make no representations, guarantees or warranties of any kind, either expressed or implied, statutory or otherwise of any nature whatsoever.
9) MAXIMUM BID: When you bid your maximum bid, the current bid price does not automatically advance to your maximum bid unless the current high bidder has placed a higher maximum bid prior to yours which is triggered by your bid. Another bidder has to bid to increase the current price and the computer will automatically, competitively bid up to your maximum in the increments specified. It is advised by Auction Company to bid your highest and best bid as soon as possible to have the best chance of being the successful bidder at the close of the auction. It is the sole responsibility of the bidder to understand how the system works. Buyer hereby acknowledges he/she has had adequate time to read the auction’s terms and conditions and by bidding, acknowledges that he/she understands all aspects of the auction and bidding system.
10) TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Harvey Plus, LLC. reserves the right to extend bidding, restart the bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Harvey Plus LLC. shall be held responsible for a missed bid or the failure of the software to function properly for any reason.