Highmark Estate

Terms & Conditions (Online Only) 

Please read and review the Auction Terms and Conditions thoroughly before registering to bid and placing a bid. If you do not understand the terms or have not read these terms, please do not bid. 

Placing a bid on any auction indicates acceptance of and agreement with the Terms and Conditions of this contractual agreement between the bidder and Hewitt Land Company. 

Bidding & Registration Information 

By registering as an online bidder, the bidder contractually agrees to comply with the Auction Terms and Conditions available on this bidding platform as well as at www.hewittlandcompany.com. 

Registrations for online bidders requires Auctioneer approval prior to bidding. 

Buyer’s Agents must complete form prior to Bidder registration. 

Identity verification is a standard part of the bidder registration process. If identity verification is, in the opinion of Hewitt Land Company, questionable, Hewitt Land Company has the right to reject the registration, and bidding activity will be terminated. The Seller and Hewitt Land Company reserve the right to preclude any bidder if there is any question regarding credentials, mental fitness, et cetera. 

Bidders agree to keep their username and password confidential, as they are personally held responsible for any and all activity involving their account. 

Some auctions may require a credit card authorization to complete the bidder’s registration, and if the bidder fails to execute an accepted contract or provide the required Earnest Money Deposit by the deadline provided in the Auction Terms and Conditions, his/her credit card may be charged. 

Online Use & Technical Issues 

Internet connections may be delayed or unreliable as the sole source of communicating a bid to the auctioneer. Neither the seller nor Hewitt Land Company, Inc., nor any associates affiliated with Hewitt Land Company, Inc. shall bear any responsibility for internet connections. For assistance in placing bids during the auction feel free to call one of the following phone numbers; Tanner Hewitt, 605-490-7952, Tyson Hewitt, 605-206-0034, or JD Hewitt, 605-347-1100. 

When using the online bidding website, the user agrees to obey any and all local, state and federal laws. Violations will result in termination of website use privileges. 

In the event there are technical difficulties related to the server, software, internet or any other online auction-related technologies, Hewitt Land Company reserves the right to extend bidding, continue the bidding, or close the bidding. Neither the company providing the software, nor Hewitt Land Company shall be held responsible for a missed bid or the failure of the software to function properly for any reason. 

Conduct of the Auction 

Successful bidders shall deposit 10% nonrefundable earnest money with the balance due in certified funds upon closing, on or before July 25, 2023. Property sells without buyer contingency of any kind. Have financial arrangements secured prior to bidding. Marketable title will be transferred by Warranty Deed, subject to easements, restrictions, covenants and/or reservations. A commitment for title insurance will be available for inspection prior to the auction. All 2022 and prior years taxes will be paid by Seller. The 2023 real estate taxes will be the responsibility of the Buyer. Auctioneers, Brokers and their associated staff represent the Seller’s interest in this transaction. All information has been derived from sources deemed reliable; however, neither Seller nor the Auctioneers/Brokers are making any representations or warranties, actual or implied. Property selling “As-is where is”. Inspect to the extent deemed necessary both on and off premises and use your own judgement when bidding. Announcements made at auction take precedence over any prior printed or oral representations. 

The property will be sold on a total dollar basis. Any bids received in the final 5 minutes shall automatically extend closing time of the auction to 5 minutes.  

Acreage figures are estimated based on information derived from mapping software and Meade County Equalization, however no warranties or representations are made by Auctioneers or Owners as to the accuracy thereof.  

Property sells subject to Seller confirmation. 

Owner: Norberg #10, LLC.  

The bidder acknowledges that if a bid is submitted during the auction, the bid may become the high bid and therefore obligate the bidder to purchase the tract(s) or parcel(s) at the bid price plus any relevant Buyer’s Premium described in the auction materials.  

The minimum bid increase will be set prior to each auction. Bids will be recognized in the order received. In the event of a tie bid of a live/online auction between an internet bidder and a bidder on the floor, the bid on the floor will be given priority. 

Hewitt Land Company reserves the right to reject any and all bids for any reason. It also reserves the right to cancel an auction or remove any item or lot from this auction prior to the close of bidding. All decisions of Hewitt Land Company are final. 

Hewitt Land Company auctions are not timed events, except in the case of online only auctions. 

The winning bidder will be required to complete, sign and return the real estate contract without modifications or delay following the auction. The winning bidder will be required to provide the specified non-refundable earnest money deposit as stated in the contract. The purchaser will be responsible for any related fees. Should the winning bidder not comply within the stated time frame, he/she shall be held responsible. 

Both the winning bidder and Seller shall hold harmless Hewitt Land Company for any liabilities or expenses resulting from either Bidder’s or Seller’s failure to fulfill any obligations set forth in these Terms and Conditions.