Tract 4

Terms & Conditions 

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 register. 

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. 

Identity verification is a standard part of the bidder registration process. If identity verification is 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 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 

The Preliminary Title Commitment is available online and at the live auction. The bidder agrees that this commitment will be finalized following any required surveying, and that title insurance will be available at the buyer’s expense unless disclosed otherwise in the Auction Terms and Conditions. 

The tracts are being sold “as-is, where-is” and each bidder should conduct his/her own due-diligence related to each tract.  

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 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 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. 

Property sells absolute, (Tract #4 sells subject to Seller confirmation). Successful bidders shall enter into a purchase agreement and deposit 10% nonrefundable earnest money with the balance due in certified funds upon closing, on or before August 30th, 2023. Any early closing will be upon mutual consent. Property will be sold without buyer contingency of any kind. Have financial arrangements secured prior to bidding. Deeded property sold by legal description only. Any survey required shall be at the expense of the buyer. All information has been derived from sources deemed reliable; however, neither Seller nor the Auctioneers/Brokers are making any guarantees 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. 

Possession: Possession conditioned upon rights of the tenants (some tracts available for immediate possession). Seller shall have 90 days after closing to remove personal property. 

Title: Marketable title will be transferred by Warranty Deed and Assignment, subject to easements, restrictions, covenants and/or reservations of record. A title insurance policy will be available for your inspection prior to the auction. The Title Insurance Premium shall be split equally between buyer and seller. 

Taxes: Seller will pay 2022 Taxes, the 2023 taxes will be prorated to closing based on the most current tax levy available. 

Representation: Hewitt Land Company Represents the Sellers in this Transaction. Broker Participation is invited, (form and deadline required). 

Owner: L A Shuck and Sons 

Online & Phone Bids: Registrations for online bidders, phone bidders, and Buyer’s Agents must be completed no later than 10 a.m. on 7/13.