Holz Lumber and Hardware, Inc. - 401 E. Everett, O'Neill, NE
Tract #1 Legal Description: Lots 6,7,8 Block 27 O.T. O’Neill Approximate tract size: 135’x170’ 4,097 Sq. Ft. Retail space 5,779 Sq. Ft. Warehouse Space 4,444 Sq. Ft. Storage Building with multiple bays and shop area.
Tract #2 Legal Description: Lots 9,10,11 Block 27 O.T. O’Neill Approximate tract size: 135’x170’ 60’ x 120’ Building on 3’ stub walls, 2x6 studs and 2 large overhead doors 30’ x 73’ storage building with loading and unloading docks.
Terms and Conditions of the Auction
Legal Description
Tract #1:
Lots 6,7,8 Block 27 O.T. O’Neill, Holt County NE
Tract #2:
Lots 9,10,11 Block 27 O.T. O’Neill, Holt County NE
All legal descriptions to be further described by title insurance.
Legal descriptions are subject to existing boundaries. Neither Seller or Seller’s Agent represents the location of any fence lines or boundary lines. All stated lot sizes in the brochure or any advertising are approximate and are obtained from county records. No warranty is expressed or implied as to exact sizes of the property.
Title
The seller shall convey 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). Property to be sold subject to existing roads; established easements and rights-of-way; any prior mineral reservations; and other matters affected by title documents shown within the title commitment; and zoning, building, subdivision, and other restrictions and regulations of record.
Title Company and Closing Shall be handled by:
MCCARTHY ABSTRACT
PO BOX 724
118 N 5TH ST. O’NEILL, NE 68763
Mineral Rights - Seller to convey all OWNED mineral, if any, to Buyer(s) at closing.
Leases - The Following Leases are present on the property: N/A
Farm Service Agency Information - N/A
Property Condition
The prospective Buyer(s) have verified all information. All prospective bidders have been 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 or Seller’s Agent.
Purchase Agreement
Immediately following the closing of the bidding, the successful bidder(s) will sign Brokerage Agency Disclosure and will sign a Contract to Buy Real Estate (Land) for the total amount bid. Required non-refundable earnest money deposit to be in the form of a personal, business, or corporate check or electronic funds for an amount equal to10% of the purchase price which is due upon the signing of the contract and to be deposited with the title company Trust Account. The Purchase Agreement will not be contingent upon financing. The terms and conditions of the online auction shall be incorporated and made a part of the contract.
Closing Expenses
Buyer(s) shall pay in electronic transfer funds or cashier’s check, the full balance of purchase price along with the added closing costs, and sign and complete all required documents at closing on or before _March 25, 2024______________
The buyer will be responsible for the following costs associated with this transaction.
One-Half ½ Owners Policy of Title Insurance
One-Half ½ Escrow Closing Fees
Recording Fee for Deed and/or Mortgage
Lender’s Policy Title Insurance, If Applicable
Loan Origination Fee, credit report, appraisal, inspections, or any certifications.
Any costs incurred to secure financing.
2024 Taxes to be Pro-rated to date of closing.
Other:
Closing Date and Possession
The buyer shall receive possession of the Property at closing.
Sale Procedure
To ensure the timeliness of activation on the online auction platform, Buyers are encouraged to register and provide a “Letter of Good Standing” prior to February 20, 2024.
The property will be offered for sale as 2 separate tracts in Holt County, Nebraska. Bidding is scheduled to end Tuesday, February 27, 2024, at 1:00 p.m. (CDT). Closing time of the bidding is subject to the 5-minute rule at the end of the auction. There must be a 5-minute lapse between all bids before the sale of any of the tracts is considered final. The successful Bidders will be contacted by a Land Marketers Realty Agent at the conclusion of the auction to make arrangements to sign all required documents and deposit the required non-refundable earnest money with the title company.
Default and Remedies
In the event this transaction fails to close by default of the Seller, under the terms and conditions stated on the purchase agreement, the successful bidders sole remedy will be the return of the earnest deposit and any other money submitted. The successful bidder waives any other remedy that the successful bidder may have against the seller at law including, without limitation, specific performance. In the event the transaction fails to close on account of a default by the successful bidder, the seller’s sole remedy will be to retain the entire earnest deposit as liquidated damages.
Additional Disclosures:
Land Marketers Realty and all other agents of Broker are acting as a Sellers Agent and will be representing the Seller throughout the ENTIRE Sale Process. The information contained herein has been obtained from sources that Land Marketers Realty deems reliable, although neither the Seller nor the Sellers Agent Guarantees the accuracy of any of the information contained in any advertising.
Sellers Agent and the Seller assume no responsibility for the omissions, corrections, or withdrawals. Any Aerial mapping is not intended as a survey and is intended for visual aid purposes only. The prospective Buyer(s) should verify all information contained herein. All Bidders acknowledge and represent that they have had the opportunity to assess the size, layout, utilities, legal access, any irrigation equipment, certified irrigated acres, environmentally sensitive areas, permitted use, and title condition, including all easements, covenants, restrictions, or reservations which affect the property or any portion thereof. There may be weeds on the property deemed noxious in Nebraska. The fully executed purchase agreement for each transaction shall supersede any other advertising or announcements and shall become the governing or controlling document for the transaction. In the event of an internet outage or other unplanned technical difficulties on the day of the sale, the Seller or Sellers agent reserves the right to adjust these terms and conditions to complete the sale of the property or to postpone the closing of the bidding process to a different time. Said changes to be at the sole discretion of the Seller or the Sellers Agent. Final sale of either tract is subject to the sellers approval.
Property Condition: The prospective Buyer(s) have verified all information. All prospective bidders have been urged to fully inspect the property, its condition, and to rely on their own conclusions. The property is being sold AS IS-WHERE IS, without warranty, representation or recourse to Seller or Sellers Agent.
For specific Questions on this transaction or other properties listed by:
Land Marketers Realty Please call our office at (402) 336-4444
Listing Agent: Travis Dougherty (402) 336-7612
