DOWN PAYMENT: This is a cash sale auction. Buyer is required to pay ten percent (10%) nonrefundable
earnest money deposit of purchase price on the day of sale. Balance of purchase price shall be paid in cash at
the time of final closing. Your bidding is not conditional upon any financing. Buyer must have financing in
place prior to sale day.
SELLER CONFIRMATION: Sale shall be subject to confirmation by the Seller. The Seller reserves the right
to reject any and/or all bids received on tract/tracts without cause or reason for such rejection.
REAL ESTATE TAXES: The 2022 real estate taxes, payable in 2023 will be paid in full by the Sellers.
The 2023 real estate taxes payable in 2024 will be paid by the new Buyer. Real Estate Taxes are subject to
reassessment under new owner.
BUYERS PREMIUM: A Five percent (5%) buyers premium will be added to the final successful bid price
of each tract and included in the final purchase price. The premium will be included in the final purchase
agreement with appropriate SD sales tax.
COUNTY/FSA RECORDS: Tracts will be sold by legal description and acres as assessed and provided
by the Day County offices. Acres are not survey accurate. All maps used are for illustration and marketing
purposes only and are from sources deemed reliable; however, accuracy is not guaranteed and may not
depict actual boundary lines. All FSA Farm Program crop bases and yields if any, as determined by the
local FSA office, will transfer upon final closing. Crop bases and yields will be divided according to the
county FSA office.
POSSESSION/LEASE: Possession will be upon final closing, subject to current lease terms.
TITLE: Title insurance will be provided following the execution of a real estate purchase agreement. Title
insurance costs to be split 50%Seller—50%Buyer. Sellers agree to provide and execute a proper deed conveying
the real estate to the Buyer(s) by appropriate deed. Real Estate will be free and clear of all liens, but subject to
easement, reservations, mineral conveyances, and exceptions of records, as well as statutory rights of way.
FINAL CLOSING: Final closing shall take place on October 13th, 2022, or as soon after the auction date as
closing arrangements and documents can be completed. In addition to Seller’s retention of the non-refundable
earnest money, seller shall have all remedies, in law or in equity in the event that the Buyer fails to close.
MINERAL RIGHTS: 100% of the mineral rights now owned by the Seller will pass to the Buyer. Seller
makes no warranty of mineral rights owned, if any.
PURCHASE AGREEMENT: Successful bidders will execute a real estate purchase agreement immediately
following the auction. Purchase agreement will be made available for review prior to the start of the auction.
AGENCY: Dakota Land Company will be acting as exclusive agents of the Seller with the duty to represent
the Seller’s interest exclusively.
DISCLAIMER: All information gathered for auction purposes was provided by the Day County
Governmental offices. The information is believed to be accurate but is subject to verification by all parties
relying on it. The property is being sold
“AS IS, WHERE IS” basis, and no warranty or representation either expressed or implied, concerning
the property such as boundaries, water supply, or soil productivity, or acreages, is made by the seller or
the broker/auction company. All prospective buyers are strongly encouraged to conduct an independent
investigation of the property. Dakota Land Co will not be responsible for typographical errors, misprints, or
inaccurate information as provided by the Seller, County Offices, or County FSA Office. All maps that have
been put together for Property Information Package are approximate and are from sources deemed reliable;
however, accuracy is not guaranteed. Maps are not to scale. Existing fence boundaries may change from
actual survey conducted. All acreages are approximate and have been estimated based on legal descriptions.
Announcements made by the auctioneer or broker prior to the start of the auction will take precedence over
any previously printed material