*SOLD* – Beaver Lake Residential Lot

BIDDER VERIFICATION: By registering for a bidder account, Bidder agrees and acknowledges that Bidder is personally and solely responsible for any bids placed on the auction site using his or her account, whether bidding on behalf of a personal account or on behalf of a corporation or other third party. If bidding on behalf of a third party, Bidder is responsible for obtaining the necessary documentation authorizing Bidder to bid on behalf of the third party. Prior to bidding on any auction, Bidder agrees to provide Auctioneer with current and actual contact information, including first and last name, current address, and valid phone number.  Auctioneer, at its sole discretion, may accept or reject any bidder for any reason, including providing false identity or incorrect contact information. Prior to bidding on any auction, Bidder agrees to read the information contained in the Bid Package, the auction page, and all other information provided by Auctioneer.  Bidder agrees not to participate or bid in any auction without having read and understood the information contained therein. The identity of all bidders will be and must be verified (via phone, email or text). Bidding rights are provisional. If complete verification is not possible, Ozarks Auction Company will reject the registration, and bidding activity will be terminated. The Auctioneer and Sellers reserve the right to preclude any person from bidding for any reason.

BIDDING: Bidder agrees that all bids are legally binding and cannot be retracted. The method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. The auctioneer has the authority and sole and absolute discretion to deviate from, change, alter, or modify the bidding procedures and conduct of the auction at any time including after commencement of the auction. All decisions of the Auctioneer are final.As used in these conditions of sale the term “the final bid” means the highest bid acknowledged by the auctioneer, and the term “purchase price” means the sum of the final bid and the buyer’s premium, if applicable. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer has the right to reject any bid for any reason. The auctioneer may advance the bidding at his absolute discretion and, in the event of any dispute between bidders, may determine the successful bidder or re-offer and resell the property in dispute. Should there be any dispute after the sale; record of final sale shall be conclusive. Please contact our offices for information on absentee and or phone bidding.

REAL ESTATE BROKERS/AGENTS: When offered, a fee equal to a specified commission will be paid to any qualified broker who is duly licensed in the same state where the property is located, and whose properly registered client successfully buys and closes on the property. To qualify for a commission the licensed broker/agent must register by completing the Broker Participation Form. A registered broker/agent can only represent one buyer at each auction event. Broker/agent agrees that if the commission is reduced due to negotiations, the commission to the broker shall be 10% of total commission earned. All forms, letters and statements must be received no later than 5:00 P.M. (Central) one day prior to the auction. Commission is contingent upon, and will only be paid, if the Broker Participation Form is received by Ozarks Auction Company no later than 5:00 P.M. (Central) one day prior to the auction. In addition, if the auction is held a live and in-person, agents must also attend the auction with their prospects and adhere to all terms.

PROPERTY INSPECTIONS AND VIEWING: We encourage all prospective bidders to view the property prior to bidding. Property inspections are permitted at the bidders expense. Contact us for further information.

PAYMENT: If the final bid is less than $10,001, the full purchase price is due, plus Buyer’s Premium and any other buyer paid expenses, within 24 hours of auction end. For final bids higher than $10,000, an amount equal to 10% of the final bid shall serve as deposit and earnest money, and is due within 24 hours of auction end, the remaining balance being due within 30 days. Payment instructions will be provided with the purchase agreement. Buyer must submit all payments to Ozarks Auction Company via cashiers check, personal check, corporate check, or wire transfer. If paying in full by personal or corporate check, closing will be delayed 7-14 days to allow time for payment to clear. All returned checks are prosecuted to the maximum extent allowed by law. A returned check does not remove buyer’s obligations under these Terms and Conditions.

CLOSING: The closing will be remote. All required signatures will be provided electronically or through remote means, such as fax or email. At the close of the auction, the successful bidder will be provided the contract package to execute and return to Ozarks Auction Company. Contract Packages will be sent by e-mail or otherwise delivered to the high bidder, who must execute and hand deliver, email, fax or overnight mail back to Ozarks Auction Company within 24 hours of receipt. If the successful bidder does not execute and return their contract and payment within 24 hours of receipt they will be considered in default and subject to legal action. This is a legal binding contract.

BUYER’S PREMIUM: A Buyer’s Premium of 10% of final bid to be added to purchase price.

DEED: Seller(s) shall provide a Warranty Deed.

POSSESSION: Buyer assumes possession of the property upon closing, with payment in full being made.

REAL ESTATE TAXES: Unless otherwise specified, seller to pay taxes for the 2020 period due and payable in 2021. All 2021 taxes payable in 2022 will be the responsibility of the Buyer.

ACREAGE AND MEASUREMENTS: All boundaries are approximate and have been estimated based on current legal descriptions and other data.

MINERAL RIGHTS: The sale shall include 100% of the mineral rights owned by the Seller.

AGENCY: Ozarks Auction Company and its representatives are exclusive agents of the seller. Buyer acknowledges that this property has, or may have, an agent-owned interest or is, or may be, agent-owned and agrees to participate in the auction under this assumption, whether or not any such interest is actually present. Ozarks Auction Company may act to protect the seller’s reserve, if any, as an agent of the seller, by bidding on behalf of the seller.

DEFAULT: If any conditions contained herein are not complied with by the buyer, Ozarks Auction Company may, in addition to asserting all remedies available by law, including the right to hold defaulting buyer liable for the purchase price, either, a) cancel the sale, retaining as liquidated damages any payments made by such buyer, b) resell the property at public auction or privately on seven days notice to defaulted buyer, or c) take such other action as it deems necessary or appropriated. If Ozarks Auction Company resells
the property, the original defaulting buyer shall be liable for the payment of any deficiency between the purchase price and all costs and expenses, the expenses of both sales, reasonable attorney’s fees, commissions, incidental damages and all other charges due. In any event, the buyer’s earnest money deposit and any other monies paid will be retained by Ozarks Auction Company as liquidated damages.

TECHNOLOGY DISCLAIMER: Ozarks Auction Company makes no warranty or guarantee that the online bidding system will function as designed on the day of sale or any other time. If you are not able to place your bid during the live auction, Auctioneer, its affiliates, partners and vendors will not be held liable or responsible for any claim of loss, whether actual or potential, as a result of any technical failure, service disruption, or any other cause that prevents bids from being entered or the website from being accessed at any time.

STATE LAWS AND VENUE: The venue for this auction is located in the State of Missouri. The respective rights and obligations of the parties with respect to the Conditions of Sale and the conduct of the auction shall by governed and interpreted by the laws of the State of Missouri. By bidding at an auction, whether present in person or by agent, by written bid, telephone or other means, the buyer shall be deemed to have consented to the jurisdiction of the courts of the State of Missouri and the federal courts sitting in such state.

DISCLAIMER AND ABSENCE OF WARRANTIES: Buyer understands and agrees that all property is sold “As Is, Where Is.” Descriptions are provided as a service to to prospective buyers and bidders only and do not constitute a warranty, either expressed or implied. Ozarks Auction Company, it’s employees and representatives, disclaims all responsibility for physical condition or suitability of use for buyers intended purpose. All buyers are responsible for prior inspection of properties on which they bid, and by bidding are deemed to have so inspected the property. Square footage dimensions and acreage are approximate and should be independently verified prior to bidding. Ozarks Auction Company, its agents, employees, representatives, and the sellers assume no liability for errors or omissions in this or any other property listing or advertising or promotional/publicity statements and materials. All information and dimensions were derived from sources believed to be correct, but are not guaranteed. Buyers shall rely on their own information, judgment, and inspection of the property. Placing a bid on the offered property, whether in person, or by agent, by written bid, telephone bid, online bid, or other means, constitutes an agreement by bidder to these conditions of sale.

INFORMATION: Any announcements made the day of the sale or posted on the auction website take precedence over previously provided printed material, written statements, or oral statements.

INDEMNIFICATION: Ozarks Auction Company, its employees, agents, representatives or owners/sellers are not responsible for accidents of any kind, injury, death, or property damage suffered while viewing, inspecting, bidding, visiting, or participating in this auction, whether as a bidder, prospective bidder, agent, guest, or any other person.