TERMS AND CONDITIONS OF THE AUCTION
By registering to bid or placing a bid, you agree to be bound by all of these terms and conditions and any other announced terms and conditions of sale or rules of the site.

1. Bidder and his or her agents and employees are responsible for any damage they may cause or liability that may attach from any of their actions on or around the auction site and premises when attending the exhibition, sale or removal of merchandise. Bidder and his or her agents and employees agree to assume all risks of damage to person or property. Bidder and his or her agents and employees specifically release and indemnify Theurer Auction/Realty LLC (TA/R), Theurer.net and Larry J. Theurer from any liability and causes of action.

2. Bidder agrees that all property is sold "AS-IS WHERE-IS" with no warranties express or implied and ALL SALES ARE FINAL. Property is open to thorough public inspection. It is the Bidder's responsibility to determine condition, age, genuineness, value or any other determinative factor. TA/R may attempt to describe the real estate in advertising on the internet and at the auction but makes no representations. In no event shall TA/R be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. TA/R does not guarantee any appraisals, gradings or certifications. If you have any questions, ASK THEM BEFORE BIDDING. Bidder shall be the sole judge of value. It is Bidder's responsibility to determine if any item is legal where they live. By placing a bid, Bidder acknowledges that her or she has inspected the items to his or her satisfaction or chooses to not examine them at his or her sole risk.

3. TA/R will not be responsible for any errors or omissions in the description unless it is a material and intentional misrepresentation of the real estate itself. Bidder agrees that he or she may not void or cancel the contract for any reason except an intentional and material misrepresentation of the real estate itself made by TA/R. Bidder's sole remedy in the event of an intentional and material misrepresentation shall be to refund the earnest deposit. Bidder agrees that under no circumstances whatsoever will TA/R ever be liable to Bidder for an amount greater than the purchase price of the item they purchased.

4. BIDS CANNOT BE REMOVED UNLESS IT IS AN OBVIOUS TYPOGRAPHICAL ERROR. MAKE CERTAIN WHAT YOU ARE BIDDING ON BEFORE YOU BID.

5. The seller and TA/R reserve the right to bid on behalf of the seller on items on which there may be a reserve price. TA/R may reject or cancel any bid for any reason. The record of the auction made by TA/R shall be conclusive. This is a Public Auction and as such, all qualified bidders may bid including TA/R owners, family members and employees.

6. TA/R may refuse registration and bidding privileges to anyone for failure to pay previous auction invoices, failure to provide a valid credit card or any other reason. Bidder hereby agrees that TA/R may share information about Bidder's non-payment of auctioneer invoices or shipping charges with other parties and may pursue collection of balances due by any legal means. Bidder agrees to provide any identification TA/R may request including but not limited to: driver's license, Social Security card or Passport. Bidder agrees to comply with any stated additional terms or conditions associated with particular items.

7. Bidder agrees that this agreement shall be governed by the laws of the state of Kansas and hereby grants sole jurisdiction and agrees to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Sumner County, Kansas. Both parties waive any right to a jury trial and hereby agree to a bench trial before a judge. This agreement shall be governed in all respects by the laws of the State of Kansas. If for any reason, a court of competent jurisdiction finds any part of this agreement to be invalid or unenforceable, that part will be enforced to the maximum extent permissible to affect the original intent of this agreement. If a part is found to be invalid or unenforceable, the remainder of this agreement shall continue in full force and effect. Such invalid or unenforceable part will be deemed severable from the other parts here and will not affect the validity or enforceability of the remaining parts. In the event of any litigation arising out of this Contract, the court shall award the prevailing party all reasonable costs and expenses, including reasonable attorney's fees.

8. By registering for this auction you agree to be added to TA/R's email list. Each email we send has an easy unsubscribe link at the bottom of the email. Please do not report our emails as spam. Photo, video and audio recording is being made at all auction exhibitions and removal events. Bidder hereby agrees that TA/R may use Bidder's likeness, recorded at these events, for any purpose. We hope you enjoy our auction and are able to make many advantageous purchases.

FINANCING:
Financing is not a contingency of sale in this offering. Therefore, it is strongly recommended that potential bidders ensure in advance that they are able to obtain the necessary financing to close the transaction.

CLOSING:
Closing shall be on or before December 28, 2018, or as soon thereafter as all required documents are available

EVIDENCE OF TITLE:
Seller shall cause to be furnished to Buyer a title insurance company's commitment to issue, after closing, a title insurance policy in an amount equal to the full purchase price naming Buyer as the insured. Seller and Buyer shall each pay one-half the cost of Owner's Policy. Buyer shall pay for any title coverage for the benefit of Buyer's lender.

REAL ESTATE TAXES & ASSESSMENTS:
Seller will pay 2018 taxes and prior years.

INSPECTIONS:
The Real Estate is not offered contingent upon inspections. The Real Estate is offered at public auction in its present, "as is, where is" condition and is accepted by Bidder without any expressed or implied warranties or representations from Seller or Theurer, including, but not limited to, the following: the condition of the Real Estate; the Real Estate's suitability for any or all activities or uses; the Real Estate's compliance with any laws, rules, ordinances, regulations, or codes of any applicable government authority; the Real Estate's compliance with environmental protection, pollution, or land use laws, rules, regulations, orders, or requirements; the disposal, existence in, on or under the Real Estate of any hazardous materials or substances; or any other matter concerning the Real Estate.

It is Buyer's responsibility to have any and all desired inspections completed prior to bidding, including, but not limited to, the following: roof; structure; termite; environmental; survey; encroachments; groundwater; flood designation; presence of radon; presence of lead-based paint or lead-based pain hazards; presence of asbestos; presence of mold; electrical; appliances; heating; air conditioning; mechanical; plumbing (including water well, septic or lagoon compliance); sex offender registry information; flight patterns, or any other desired inspection. Bidder acknowledges that Bidder has been provided an opportunity to inspect prior to the ending of the Auction and that Bidder has either performed all desired inspections or accepts the risk of having not done so.

EASEMENTS AND LEASES:
Sale of said property is subject to any and all easements of record and any and all leases.

AGENCY:
Theurer Auction/Realty LLC and its representatives are Exclusive Agents of the Seller.

DISCLAIMERS AND ABSENCE OF WARRANTIES:
The information in the auction advertising was obtained from sources believed to be accurate, but is subject to verification by all parties relying on it. All sketches and dimensions are approximate. No liability for its accuracy, errors or omissions is assumed by the Seller or the auction company. All information contained in the advertising and all related materials are subject to the terms and conditions outlined in the purchase agreement. The Auctioneer reserves the right to bid on behalf of the Seller up to, but not beyond the Seller's reserve (if applicable). This property is available for and subject to sale prior to auction. Property is being sold subject to Seller confirmation.

PRE-AUCTION SALES:
As exclusive agents for the Seller, the Auctioneer has a fiduciary obligation to present any and all offers to the Seller. Therefore, all properties are subject to pre-auction sales. Pre-auction offers must meet all auction terms and be submitted to the Auctioneer on the Real Estate Purchase Contract along with the required deposit. Properly submitted offers will be presented to the Seller, who may accept or reject such offer in their sole and absolute discretion.

The Real Estate is offered for sale to all persons without regard to race, color, religion, sex, handicap, familial status, or national origin.

1,040 Acres in 8 Tracts ~ Sumner County, Kansas ~ 5 Contiguous Quarters ~ Home and Outbuildings on 5+/- Acres ~ Tillable Land ~ Producing Minerals ~ Wind Lease Robert Miller has discontinued farming and he and his wife, Roxann Rooney, have moved out of state. Robert and his family are selling all of their Sumner County, Kansas, land. Some of the farms have been in the Miller family for over 100 years - several generations of purchasing quality, highly productive land. They followed approved soil conservation practices - receiving several awards. This is a great opportunity to purchase a farming operation headquarters and five adjoining quarter sections as well as two additional quarter sections. Contact Theurer Auction/Realty to inspect the home and outbuildings. SELLERS: ROBERT MILLER & ROXANN ROONEY LYNDA MILLER, JULIANA & TODD BUNING EARLENE CONDIFF, RHONDA & DAVID HAMILTON