Tract 3

This offering consists of 3,030+/- Deeded acres and will be offered in Four Tracts and as One Entire Unit, selling in the manner realizing the greatest return to the Seller. All bids will be made on a per acre basis. The acreages have been determined based on the information obtained from the Jackson County Assessor’s offices and other sources deemed reliable, such as GPS mapping software.

THE PROPERTY SELLS BY LEGAL DESCRIPTION ONLY; ACREAGE FIGURES ARE ESTIMATED BASED ON INFORMATION PROVIDED BY THIRD PARTIES AND ARE NOT GUARANTEED. DISCREPANCIES IN ACTUAL ACREAGES SHALL HAVE NO BEARING ON FINAL SALE PRICE.

The following method will be used today to discover who will become the new owner(s) of the Moody Estate Ranch Property:

• Bidding will be opened on the TRACTS selling choice of TRACTS until bid price is established on each TRACT with a HOLD placed on each high bid.
• Bidding will be opened on the ENTIRE UNIT with a HOLD placed on the high bid price.
• The process will be repeated, offering the opportunity to bid on Tracts, and the Entire Unit, provided there continue to be raises in the overall bid price from one manner to the other.
• At the point there is a failure to initially obtain a raise from one manner over the other, the auctioneer will offer the HOLD Bidder the opportunity to keep that manner in play. At the point there fails to be a raise from one manner over the other, the property will not be offered in that manner again. The Auctioneer reserves the right to set the minimum acceptable bid amounts or raises.
• At such point it is determined in which manner the property will sell, the bidding will be opened and at the point bidding ceases, each tract or unit will be SOLD and the auction will be over.

 In addition to live bidding, phone and internet bidding are also available and may be used during this auction. All bids must be recognized by the auctioneer, either directly or through a ringman, to be considered valid.

In the event of a tie bid between two parties on the floor, the bidder recognized by the auctioneer will be given priority.

In the event of a tie bid between a phone or internet bidder and a bidder on the floor, the bid on the floor will be given priority. Neither the Seller nor Hewitt Land Company, Inc. shall bear any responsibility for internet connections.

Hewitt Land Company, Inc, its Auctioneer and all its Associates, represent the Seller in this transaction.

An owner’s policy of title insurance will be provided with cost divided equally between Buyer and Seller. The Preliminary Title Commitment is available for review.   

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

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 Unit at the bid price.    

The minimum bid increase will be at the discretion of the Auctioneer. Bids will be recognized in the order received.   

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.   

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 10% non-refundable earnest money deposit as stated in the contract. The purchaser will be responsible for any related fees.  

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 will be offered in Four Tracts and One Entire Unit, selling in the manner realizing the greater return. Property sells Absolute without reserve bid!  At the conclusion of the auction 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 September 25, 2025. 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. Property shall be sold by legal description only. Fences do not necessarily follow the Tract boundaries. Any surveying, fencing or re-fencing required shall be the responsibility of the purchaser(s). No warrantees or representation is made regarding actual acreage. In the event the property sells in Tracts, a waterline easement may be reserved by seller prior to closing. The easement shall be subject to West River Lyman-Jones Rural Water’s discretion regarding line placement. Additionally, a two-year well share agreement shall be provided for Tracts serviced by the private well located in Tract 2. 

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 of property will be granted at closing subject to the current tenants’ leases expiring October 31, 2025.  

Title: Marketable title will be transferred by Personal Representative’s Deed, subject to easements, restrictions, covenants and/or reservations of record. A title insurance policy is available for your inspection prior to the auction. The cost for the Title Insurance Policy shall be divided equally between Buyer and Seller.   

Taxes: The 2024 taxes shall be paid by the Seller. The 2025 taxes shall be prorated to the date of closing.  

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

Owner: Donald R. Moody Estate and Viola Moody Family Trust; Trustee: Pioneer Bank & Trust 

Online Bids: Registrations for online bidders and Buyer’s Agents must be completed no later than 10 a.m. on Tuesday, July 29, 2025.