Prospectus for 4-24-2013 Daniel Real Estate & Personal Property Auction

ABSOLUTE REAL ESTATE & PERSONAL PROPERTY AUCTION

290 Acres In Shelby & Knox Counties Sold in 3 Tracts

Seller: Joe Scott Daniel Estate Mike Daniel and Thomas Daniel Personal Representatives

WEDNESDAY APRIL 24, 2013 10:00 AM Auction Held at Shelbyville Moonshiner’s Hall

REAL ESTATE

To Sell at Noon Consist of 290 acres of farmland in Shelby and Knox Counties in Missouri offered in three tracts. Directions to Tracts 1 and 2: From Leonard, MO in northern Shelby County, take Hwy. 151 north 5 ½

miles to Knox County Road 346, turn left and go west 2 miles to Knox County Road 352, turn left and

go south 1 mile to the farm on the left OR from Novelty take Hwy. 151 south 2 ½ miles to Knox County

Road 346, turn right and go west 2 miles to Knox County Road 352, turn left and go south 1 mile to the

farm.

Tracts 1 and 2 are located on the Shelby and Knox County line with 20 acres in Shelby County Township

59N, Range 12W, Section 3 and 160 acres located in Knox County Township 60N, Range 12W, Sections

34 & 35.

TRACT 1 – Consists of 80 acres that lies in Knox County. This tract is located just off Knox County

Road 352 and if sold separate will be accessed by a short end of unmaintained county road.

This tract lays great and according to the FSA office there is 71.44 acres tillable and the balance is in

waterways and a narrow wooded fence row along the south side.

TRACT 2 – Consists of 100 acres with 80 acres in Knox County and 20 acres in Shelby County.

This combination tract fronts Knox County

Road 352 on the north end and according to the

FSA office there is 63.84 acres tillable with the

Directions to Tract 3: From Shelbyville, MO go west 6 miles on Hwy. K to Hwy. N, turn left and go

south 5 miles to Shelby County Road 322, turn left and go east 2 miles to Shelby County Road 335A,

turn left and go north ½ mile to the farm at the end of the road OR from Shelbina take Hwy. 36 west

5.5 miles to Hwy. N, turn right and go north 2 miles to Shelby County Road 322, turn right and go east

2 miles to Shelby County Road 335A, turn left and go north ½ mile to farm.

TRACT 3: 110 acres located in Shelby County Township 57N, Range 11W, Sections 11, 2 & 3.

According to the FSA office there is 55.77 acres tillable and the balance is in woods, river bed and pri-

vate levees. The bulk of this tract lies south of the Salt River with a small piece in northeast corner ly-

ing north of the river.

This is an excellent tract with some highly productive farmland, river access and woods for hunting

and recreational use.

There are signs on each of the 3 tracts and we invite you to go by and inspect at

your leisure. If you need additional information or assistance please consult our web-site or call Charlie at 636-795-4552 or Wheeler Auctions for an appointment to view.

There is no 2013 farm tenancy so the new buyer will get full possession at closing.

Seller: Joe Scott Daniel Estate Mike Daniel and Thomas Daniel Personal Representatives

Deveny, Brown, Fortney Law Firm

Jo Fortney—Attorney for the Estate 660-397-2218

MAPS TRACT 1 &2

MAPS TRACT 3

Plat Maps used courtesy of Mapping Solutions

REAL ESTATE Auction Terms and Conditions

Procedure: Property shall be sold Absolute.

Down Payment: Ten percent (10%) down payment the day of auction, upon signing a purchase

agreement immediately following the close of bidding. The down payment may be paid in the form of cash, personal check, business check, or cashiers check. The remainder of the purchase price is payable at closing. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, be sure you have arranged financing, if needed, and are capable of paying the balance at closing.

Title: Sellers shall provide and execute a proper deed conveying the real estate to the buyer(s). Title in-

surance paid 50% by the seller and 50% by the buyer. Provided by Black Creek Abstract

Possession: Possession will be given at closing,

Real Estate Taxes: Real estate taxes for the 2013 year shall be prorated toi date of closing.

Mineral Rights: The sale shall include 100% of the mineral rights owned by the sellers.

Easements: Sale of the property is subject to any and all easements of record.

Acreage: All acreage is determined by existing legal description.

Survey: No Survey Required. Tranfers on existing legal descriptions

Closing: Anticipated closing date shall be on or about May 24.2013 or on date mutually agreed upon

between the buyer(s) and the sellers at the office of Deveny, Brown & Fortney, Attorneys at Law LLC, Edina, MO, or a mutually agreed upon location.

Agency: Wheeler Auctions and Real Estate and its representatives are Exclusive Agents for the sellers.

Disclaimer: The property is being sold on an “as is, where is” basis, and no warranty or representa-

tion, either express or implied, concerning the property is made by either the sellers or the auction compa-ny. Each bidder is responsible for conducting its own independent inspections, investigations, and all due diligence concerning the property and the auction. Information contained in this brochure is subject to veri-fication by all parties relying on it. Diagrams/dimensions in this brochure are approximate. Acreage is esti-mates. All information contained in this brochure and any related materials are subject to the terms and conditions of sale outlined in the purchase contract. Auction conduct and bidding increments are at the sole direction and discretion of the auctioneer. All decisions of the auctioneer are final. The sellers and the Auc-tion Company reserve the right to preclude anyone from bidding if there is a question as to the person’s cre-dentials fitness, intent, etc.

New Data, Corrections and Changes: Please arrive prior to scheduled auction time to in-

spect any changes, corrections or additions to the property information. ALL ANNOUNCEMENTS AND IN-FORMATION GIVEN FROM THE AUCTION PODIUM SHALL TAKE PRECEDENCE OVER PREVIOUSLY PRINTED OR STATED ADVERTISEMENT.

PERSONAL PROPERTY CONSTRUCTION & EXCAVATING EQUIPMENT

Cat. D7E dozer, electric start, brush guard, hyd. lift & tilt

w/ rear winch, good under carriage, 11’ semi U blade

Cat 17A dozer, direct start, hyd. machine, hyd. lift, 10’ semi U blade, brush guard,

serial #17A10037

Cat. 112 motor grader w/ pony motor, cab, 12’ manual blade, serial #3U.6209

JD 760A paddlewheel scraper, power shift

Command 12’ Box Blade w/Scarifier, Hyd Raise and Tilt

Laser transit w/ transmitter & receiver

TRACTORS

1969 JD 4520 tractor, 4630 motor, dual hyds., quick hitch, new 20.8 x 38 tires w/

clamp-on duals

1962 JD 4010 diesel tractor, factory wide front, syncro range trans., 18.4 x 34 tires

w/ Koyker hyd. frt. Loader w/ material bucket, bale fork and pallet forks

1952 Ford 8-N gas tractor, 3 spd. shift, new 12.4 x 28 tires

AC CA gas tractor, motor bad

FARM EQUIPMENT

Int. 490 – 25’ hyd. fold disc, new blades & bearings, 9” spacings

JD 1100 3 pt. 18’ field cultivator w/ Buster bar harrow

Crust Buster 24’ pull type hyd. lift spring tooth harrow

JD pull type 5 bottom plow, hyd. lift

JD pull type 6 bottom plow, hyd. & clutch lift

JD F-145 – 4 bottom plow, 16”

JD F-145 – 6 bottom plow, 16”

Kewanee 88 – 15’ mulcher, dual inboard wheels

Kewanee 13’ mulcher

JD 750 drill w/ dolly wheel, 15’

NH 479 haybine, 9’

NH 56 – 5 bar 9’ side delivery rake

Two prong 3 pt. big bale mover

3 Pt. bale spike

Mayrath 10” x 71’ grain auger, swing around auger, hyd. lift

Ford 3 pt. 6’ swivel blade

Ford 3 pt. post hole digger, 9” & 18” augers

MISC.

500 Gallon skid tank w/ 12v transfer pump

120 Gallon L tank w/ 12v pump, auto. nozzle w/ gal. counter

14- Corral panels, 12’

2 – 4’ Walk-through gates

Cherry picker

Electric chop saw

Tap & die set

PICKUP – TRUCKS – TRAILERS

1992 Ford Ranger XLT pickup, 4WD, 5 spd., gas, reg. cab

1969 Ford F-600 single axle truck, 5 & 2 trans., HD 330 gas motor, w/ 13’ bed &

hoist

1963 Ford F-600 single axle truck, 4 & 2 trans., gas motor, 13’ bed & hoist

Int. Transtar 4200 road tractor, twin-screw, conv. Day cab, 318 Detroit, 13 sped.

1949 Royer tandem axle low-boy, 16’ bed w/ ramps

Donahue tandem axle trailer, no floor

Memorandum Of Sale

This agreement made and entered into this 24th day of April, 2013, by and

between The Estate of Joe Daniel, Michael J. Daniel and J. Thomas Daniel, Personal

Representatives, said party being referred to hereinafter as SELLER, and

______________________________________________________________________

(whether one or more individuals), hereinafter referred to as BUYER,

WHEREAS, the SELLER agrees to sell and the BUYER has agreed to purchase

certain real property situate in Shelby/Knox County, Missouri, and more particularly

described and identified within Exhibit “A” which is attached hereto and by this refer-

ence fully incorporated herein, and

WHEREAS, the parties desire to fully set forth, in writing, the various terms,

conditions and covenants of their agreement.

NOW, THEREFORE, INTENDING TO BE LEGALLY BOUND the parties agree

as follows:

1. Sale price: By mutual agreement of the parties, it is acknowl-

edged that the sale price of the real property described within Exhibit “A” shall be

the gross sum of ____________________________________________

_________________________________________Dollars ($_______________).

Ten percent (10%) of the sale price, or the sum of _______________________

_________________________________________Dollars ($_______________),

shall be paid by the BUYER, to Deveny, Brown & Fortney, Attorneys at Law,

LLC, Real Estate Escrow Account, for the benefit of the SELLER, to be held, in

escrow, pending the closing of this transaction and in accordance with the provi-

sions and terms of this contract and delivered to the SELLER upon closing, or as

otherwise authorized herein. The balance of the sale price in the sum of

_______________________________________________ Dollars ($_________)

shall be due and payable upon the closing of this transaction. The parties

acknowledge that the gross sale price referred to hereinabove has been deter-

mined, utilizing a per acre bid applied as a multiplier to an acreage of

__________________________________________ acres (_____), more or less,

based upon information obtained from the Knox County/Shelby County Asses-

sor’s Office. However, the SELLER makes no express warranty or guaranty with

respect to an exact acreage.

2. Evidence of title: Within five (5) days prior to the closing date provided herein

the SELLER shall arrange for the issuance of a Commitment for an Owners Policy of

Title Insurance, to be issued by a reputable title insurance company authorized to issue

policies of title insurance within the State of Missouri, in the amount of the sale price.

The said policy of title insurance shall be in standard ALTA form, and shall insure title

which is marketable in fact, subject only to existing roadways and such easements or

right-of-ways as have been previously filed for record, and, additionally, subject to such

standard exceptions as are normally included within owner’s policies of title insurance.

In the event that the aforesaid title insurance commitment should indicate any defect or

discrepancy in title, then, under this circumstance, the SELLER may extend the date of

closing provided herein, for an additional thirty (30) days, to allow a reasonable oppor-

tunity to cure said defect or discrepancy. However, if said defect or discrepancy cannot

be cured during this period of time, then, the earnest money deposit being held, in es-

crow, shall be refunded to the BUYER, and neither party shall have any continuing ob-

ligation or contractual responsibility under this Contract, or otherwise. The premium

cost of the Owner’s Title Insurance Policy and Commitment fees with respect to this

matter shall be divided equally between BUYER and SELLER. In the event that a

commitment and policy of loan title insurance is required by the BUYER, all costs and

fees associated with said Loan Title Insurance Policy and Commitment shall be the ex-

clusive responsibility of the BUYER. Title for the real property described within Exhibit

“A” shall be transfered, upon the date of closing, by the execution and

delivery of a Warranty Deed to the real property described within Exhibit

“A”, conveying the same to the BUYER herein, free and clear of any liens, claims

or encumbrances whatsoever.

3. Possession: Possession of the real property described within Exhib-

it “A,”, and any improvements located thereon, if applicable, shall be delivered by

the SELLER to the BUYER upon the date of closing, unless otherwise provided

herein.

4. Real estate taxes: Real estate taxes for the year 2012, and prior

years, shall be the full responsibility of the SELLER. Real estate taxes for the year

2013 shall be prorated between the parties, based upon the date of closing.

5. Inspection of property: The BUYER specifically acknowledges

that BUYER has had a full and complete opportunity to review and inspect the re-

al property which is the subject matter of this agreement and acknowledges that

said real property is being sold and transferred by the SELLER, to the BUYER,

together with any improvements which might be located thereon (if applicable) in

its current “as is” condition. With the exception of warranties of title, the SELLER

makes no warranties, commitments, or representations whatsoever, either directly,

or through any agent, with respect to the condition of the premises, the fair mar-

ket value of the same, or the physical condition of the same. It is the responsibil-

ity of the BUYER to independently determine and ascertain these matters.

6. Liquidated damages: In the event that this transaction should not

be closed due to any fault, default, act or omission on the part of the BUYER,

then, under this circumstance, the SELLER shall be entitled to retain, as liquidated

damages, the down payment referred to hereinabove, it being agreed and stipulat-

ed between the parties that actual damages are difficult, if not impossible to ascer-

tain, and it further being agreed and stipulated that time is of the essence with re-

spect to this transaction. The escrow agent shall deliver said funds to the SELLER

under these circumstances without further authorization being required.

7. Usage and gender: Through this agreement, any pronouns used in connection

herewith shall be construed and interpreted to include the plural as well as the

singular number and the masculine, feminine and neuter gender, whenever and

wherever the context so admits or requires.

9. Date and place of closing: This transaction shall be closed at

the offices of Deveny, Brown and Fortney, Attorneys at Law, LLC, 215 North

Main, Edina, Missouri, on the ______ day of May, 2013, at 2:00 P.M., or at such

other date and place as the parties shall mutually designate in writing, at which

time the balance of the purchase price shall be paid and tendered, and the Deed

delivered, in accordance with the provisions of this agreement, and any other

action required of the parties, in order to conclude this contract, in accordance

with the terms of the same, shall be finalized.

10. Binding nature of agreement: This agreement shall be binding

upon and shall inure to the benefit of the parties hereto, their heirs, personal

representatives, successors and assigns. This agreement may be altered, modi-

fied or otherwise amended only by a subsequent written agreement by and be-

tween the parties. The parties to this agreement specifically acknowledge that

this instrument constitutes the sole and only Contract, agreement, commitment

or enforceable covenants existing between the parties and that it expressly su-

persedes and replaces all prior advertisements, statements, or representations of

the parties, or of any agent or representative of the parties. It is acknowledged

that this Contract is intended to be the final and complete expression of agree-

ment, with respect to all of the terms, conditions and covenants associated with

the sale and transfer of the real property described herein. This agreement has

been prepared by Deveny, Brown & Fortney, Attorneys at Law LLC, Edina, MO.,

who have solely represented the interests of the SELLER herein. It is the obli-

gation of the BUYER to obtain such independent legal advice, representation, or

services as they deem appropriate with respect to the rights existing under this

agreement, or in connection with the transaction described herein.

IN WITNESS WHEREOF, the undersigned have executed this agreement the day and

year first above written.

The Estate of Joe Daniel

By: ____________________________ Michael J. Daniel, Personal Representative

By: _____________________________

J. Thomas Daniel, Personal Representative

SELLER

________________________________

________________________________

(Please print name)

BUYER

Memorandum of Sale is subject to change or modification without notice before the sale date and the Memorandum of Sale presented on the date of sale will be final and determinative.