Total Acres 168.50

Tracts 4

Type of Sale Auction

Farm Name Lois M. Garber Trust

Status new

HLS Number CLS - 13034

Key Features Productive farmland Beautiful house and buildings

Location Washington Township, Preble County, OH


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Farm Name Lois M. Garber Trust

Type of Operation Farm

Current Zoning A1_Agricultural

School System Eaton Community School District

Annual Taxes Tract #1 $2,507.46 Tract #2 $2,245.86 Tract #3 $4,705.54 Tract #4 $402.14

Ditch Assessment None

Topography Level To Gently Rolling

Soil Kokomo Silty Clay Loam Crosby Celina Silt Loam Celina Silt Loam

Building Description Main Home: 2,780 sq ft. living area; 9 rooms with two bedrooms 3 full baths; remodeled yr. 2000; Central air and geothermal heat; two -sided fireplace living room and office; 2nd Story plumbing, HVAC and electrical roughed in to add rooms with large attached garage Guest house 1 bedroom and half bath Nice Bank Barn 64'x42' and 20'x24' detached garage/shop

Property Address 2219 W. Winnerline Rd. Eaton, OH 45320

Region OH

General Location Winnerline Rd. and St. Rte. 726 Eaton, OH Preble Co., Ohio

Legal Description 168.5 acres in a part of the south half of Section 5, Washington Twp., Preble Co. OH

Start Auction Date September 26, 2024

Start Auction Time 6:30 AM ET

Auction Location Preble Co. Fairgrounds Expo Expansion Bldg.: 722 Franklin Street, Eaton, OH 45320

Date September 14, 2024

Time 11:00 AM ET - 12:00 PM ET

Date September 19, 2024

Time 11:00 AM ET - 12:00 PM ET

Tillable Acres 128.980

Wooded Acres 1.000

CRP Acres 2.230

Home Acres 1.000

Pasture Acres 30.500

Other Acres Notes 30.5 of pasture - Tract #3 -28.5 acres of pasture and creek around the set of buildings and 2 acres pasture on tract #2 Potential building site on 13.5 ac tract #4

Terms & Conditions METHOD OF SALE: Halderman Real Estate Services, Inc. (HRES, IN Auct. Lic. #AC69200019) will offer this property at public auction on Thursday, September 26, 2024. At 6:30 PM, 168.5 acres, more or less, will be sold at the Preble Co. Fairgrounds Expo Expansion Bldg, 722 Franklin St, Eaton, OH 45320. This property will be offered in four (4) tracts as individual units, in combination or as a whole farm. Each bid shall constitute an offer to purchase and the final bid, if accepted by the Sellers, shall constitute a binding contract between the Buyer(s) and the Sellers. The auctioneer will settle any disputes as to bids and his decision will be final. To place a confidential phone, mail or wire bid, please contact Craig Springmier at (937)533-7126 or John Kramer at (937)533-1101 at least two days prior to the sale. APPROVAL OF BIDS: The Sellers reserve the right to accept or reject any and all bids. All successful bidders must enter into a purchase agreement the day of the auction, immediately following the conclusion of the bidding. Successful bidders must execute purchase agreements on tracts exactly as they have been bid. DOWN PAYMENT: 10% of the accepted bid down on the day of the auction with the balance due at closing. The down payment must be in the form of personal check, cashier’s check, cash or corporate check. YOUR BIDDING IS NOT CONTINGENT UPON FINANCING. BE SURE YOU HAVE FINANCING ARRANGED, IF NECESSARY, AND ARE CAPABLE OF PAYING CASH AT CLOSING. ACREAGE: The acreages listed in this brochure are from current legal descriptions of record as recorded in the Preble County Ohio Recorder’s office, estimates taken from the county assessor’s records, FSA records and or/aerial photos. CLOSING: The closing shall be on or before Saturday, November 9, 2024. The Sellers have the choice to extend this date if necessary. OPEN HOUSES: Saturday September 14, 2024 from 11:00 AM – 12:00 NOON; Thursday, September 19, 2024 from 11:00 AM – 12:00 NOON. POSSESSION: Possession of land will be no later than 12/31/2024, subject to tenant’s rights. Possession of the buildings will be at closing. REAL ESTATE TAXES: At closing, the Sellers will pay or credit Buyer all real estate taxes and assessments for the 2024 year. This amount will be based on current taxes of record. Buyer(s) will pay all taxes and assessments for tax year 2025 and thereafter. Any and all CAUV recoupment will be the responsibility of, and paid by the Buyer(s). SURVEY: The Sellers reserve the right to determine the need for and type of survey provided. If an existing legal description is adequate for title insurance for the tract, no new survey will be completed. If the existing legal description is not sufficient to obtain title insurance, a survey will be completed, the cost of which will be shared 50/50 by the Sellers and the Buyer(s). The Sellers will choose the type of survey to be completed and warrant that it will be sufficient to provide an owner’s title insurance policy for the tract. If a survey is completed, the purchase price for the surveyed tract will be adjusted, up or down, to the exact surveyed acres. The price per acre will be the auction price bid for the tract, divided by the tract acreage estimated in the auction brochure. FARM INCOME: Seller will retain the 2024 farm income. DEED: The Sellers will provide a Trustee’s Deed at closing. EVIDENCE OF TITLE: The Sellers will provide an Attorney's Certificate of Title to the Buyer(s) guaranteeing marketable title. If any buyer elects to purchase title insurance or Lender's Policy, the cost thereof shall be at buyer's sole expense. If the title is not marketable, then the purchase agreement(s) are null and void prior to the closing, and the Broker will return the Buyer’s earnest money. CONSERVATION RESERVE PROGRAM: The Buyer(s) must enter into a succession contract with the FSA for the remainder of the contract years. If the Buyer(s) fail to fulfill the CRP contract, the Buyer(s) is solely responsible for repayment of all received payments, interest and penalties. ZONING AND EASEMENTS: Property is being sold subject to any and all easements of record. Property is subject to all state and local zoning ordinances. AERIAL PHOTOS, Images and Drawings: are for illustration purposes only and not surveyed boundary lines unless specified MINERAL RIGHTS: All mineral rights owned by the Sellers will be conveyed to the Buyer(s). PROPERTY INSPECTION: Each potential Bidder is responsible for conducting, at their own risk, their own independent inspections, investigation, inquiries and due diligence concerning the property. Further, Sellers disclaim any and all responsibility for bidder’s safety during any physical inspections of the property. No party shall be deemed to be invited to the property by HRES or the Sellers. AGENCY: Halderman Real Estate Services Inc., Russell D. Harmeyer, Auctioneer, and their representatives, are exclusive agents of the Sellers. BID RIGGING: Bid Rigging is a Federal Felony. Auctioneer will report illegal activity by any person to the FBI for investigation and prosecution. Title 15, Section 1 of the U.S. Code makes any agreement amongst potential bidders not to bid against one another, or to otherwise dampen bidding illegal. The law provides for fines of up to $100,000,000 for a corporate offender and $1,000,000 for an individual, plus imprisonment for up to 10 years. DISCLAIMER: All information contained in this brochure and all related materials are subject to the Terms and Conditions outlined in the purchase agreement. This information is subject to verification by all parties relying upon it. No liability for its accuracy, errors or omissions is assumed by the Sellers or HRES. All sketches and dimensions in this brochure are approximate. ANNOUNCEMENTS MADE BY HRES AND/OR THEIR AUCTIONEER AT THE AUCTION DURING THE TIME OF THE SALE TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIALS OR ANY OTHER ORAL STATEMENTS MADE. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation, either express or implied, concerning the property is made by the Sellers or HRES. No environmental audit has been made, nor will one be made. Except for any express warranties set forth in the sale documents, Buyer(s) accepts the property “AS IS,” and Buyer(s) assumes all risks thereof and acknowledges that in consideration of the other provisions contained in the sale documents, Sellers and HRES make no warranty or representation, express or implied or arising by operation of law, including any warranty for merchantability or fitness for a particular purpose of the property, or any part thereof, and in no event shall the Sellers or HRES be liable for any consequential damages. Conduction of the auction and increments of bidding are at the direction and discretion of HRES and/or the auctioneer. The Sellers and HRES reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. All decisions of HRES and/or the auctioneer are final.