Auction Terms & Conditions
Real estate: 10% of purchase price due day of auction, balance due at closing.
Cash,or check, -- paypal and credit card (with 3% fee)
Tract # 1 (with residence) Sells First (at 11 AM). This parcel (w/ approximately 13.68 acres) has a very clean
2-1/2 story (frame w/ aluminum & vinyl siding) 8-room (4–bedrooms) (w/ 2680 square feet) dwelling (originally
built in 1907-1910). It has a double pocket door (oak) from the dining room to the family room, 10’ ceilings & 8’
passage doors w/ beautiful wooden molding, a built-in cherry corner cabinet, a pantry with a built-in glass front
cupboard and hardwood flooring throughout the living area. It has 2 full bathrooms (1 upstairs & 1 downstairs), a
cedar lined closet, a partial basement, a geo-thermal heating and cooling system (w/ LP backup), a 200 Amp
electric service, dual-pane windows on the 1st 2 floors and the original slate roof was replaced with a new
synthetic slate roof in 2015. The home also has a 2-car (w/ 2 overhead doors) attached garage (w/ a large storage
loft), 2 porches and a wooden deck. A 240 sq. ft. outbuilding is also in this parcel. Rush-Shelby Energy provides
electric service and the property is in the Rushville Community School District. Mr. & Mrs. Ellis made certain
that their home was maintained as needed. This tract also has 11 acres of tillable land (CRA Crosby Silt Loam &
TR Treaty Silty Clay Loam soil types).
ELLIS FARM HISTORY: The entire farm consisted of 90 acres, which Marcus & Evelyn Ellis purchased in 1951 and
immediately moved into the residence (raising 3 children) and lived there until their passing in 2017. The western 45-acre portion of
the farm was sold and the remaining portion was divided into 3 separate parcels and titled in the Marcus and Evelyn Trust, which were
to be distributed to the 3 children. The dwelling was built by a Mr. Reeves (owner & builder) in 1907 and it is assumed that the barn
(on tract # 2) was built at roughly the same time. The home is in good condition and requires no remedial work prior to occupancy.
The Ellis family has lived there continuously since 1951. Assessors records indicate 3 bedrooms, but the family considerers the home
to have 4 bedrooms. There are 6 rooms on the main floor (dining room – living room – bedroom – kitchen – laundry room/porch
(entry) – and a full bathroom (which was installed in the 80’s replacing a study). There are 3 bedrooms upstairs as well as one full
bathroom. Entry to a large unfinished attic is through the southern upstairs bedroom. Other unfinished storage space adjoins the other
bedrooms. There is an unfinished basement under 2/3 of the home (water intrusion has been extremely rare – 2 or 3 occasions in the
past 65 years) and the eastern portion of the house is built on a crawl space. The original residence had a separate 3-1/2 - bay two-story
garage (which burnt in the late 70’s). The existing 2-car attached garage was added to replace the previous garage in the late 80’s.
Access to the basement (where the water softening system is located) is through this garage. The house was originally heated by a
coal/wood furnace and natural gas space heaters. A geothermal furnace system (heating & cooling) was added approximately 20 years
ago (tax credit dates back to 2006). This unit easily keeps the home comfortable in both summer and winter. Also a new LP furnace for
supplemental heat was added in approximately 2006. The wood-grained aluminum siding (and insulation) was installed in the late
60’s. The home has dual-pane windows throughout (except for the upper attic). The original house had a fully covered concrete porch,
which wrapped around the southwest corner of the house and was replaced with the existing porch. Originally, the home had a slate
roof, which was damaged by hail. In order to preserve the style and integrity of the original structure, the roof was replaced with the
current synthetic slate (which has a lifetime warranty) in 2015. At the same time, the electrical service in the home was upgraded. The
rock retaining wall along the driveway was constructed in the 1970’s and the decorative concrete post along the roadway still remains
from the era when the steel fence ran along the roadway. The trees (planted in the 1980’s) east of the home and south of the barn are
eastern aromatic cedar and walnut. The other evergreen trees are blue spruce. North of the home is a persimmon grove. There is also a
poultry building on this parcel, which has over the years been modified for several different uses. It has electric service and several
years ago had a water line running to the building (it has not been taken out and may or may not be in working condition). At one time
there was also a propane gas line onto the building. This tract has 2 wells. One is for the dwelling and has a pump in the basement. The
other is located approximately 100’ north of the barn, in the yard along the edge of the tilled acreage and was originally drilled to
several thousand feet as a natural gas well. It was not productive as a gas well and was capped at 400’ as required by law. The service
to the well was routed around the east end of the barn and the yard hydrant in that location is still connected to the plumbing. The
water table in this well is approximately 50’ and the submersible pump is still in the well, but must be re-powered from the house (or
barn) and the water supply from the barn hydrant to the house must be capped prior to being used. The wiring & plumbing (originally
connected to the dwelling) have been disconnected but are still in place. There has always been an abundance of good quality water,
but as nearly all wells in the area, has a high content of iron.
Tract # 2 has 12. 007 acres with a barn (built in 1900) containing 4740 square feet. A (294 square feet) lean-to
was added in 2010. This parcel also has an existing well and 9.438 acres of tillable land (CRA Crosby Silt Loam,
TR Treaty Silty Clay Loam, MPB2 & PN soil types).
BARN HISTORY: The barn (on Tract # 2) is in good overall condition. The west end needs the most attention and the foundation in
that area has leaned outward since the 1950’s. The lower portion of the main post in the SW corner had deteriorated and was recently
replaced with a treated post. The base support for the main post at the corner of the cold storage room has also recently been replaced.
The original wood shingle roof and wood siding was replaced in the late 80’s or early 90’s (some of the original wood siding is visible
on the south exterior wall). Over the years, 3 main additions have been attached to the original barn. The large drive-thru section on the
north side of the barn is intact. A windstorm (2016) caused some damage on the other additions on the west side of the barn as well as
some damage to the barn door on the east. The polycarbonate aluminum-framed “addition” on the south side of the barn was originally
intended to be used as a green house and could be repaired or removed (depending on the intent of the new owner). The barn doors on
the west end of the barn were designed to roll and turn 90 degrees to close the opening. In the 90’s the northern post was removed (and
some of the door track) to allow better access for farm machinery. The doors (and most of the track) are still hung and could be reinstalled.
There are “wings” on the lower portion of these doors that were designed to keep the western weather out of the barn. One of
these wings is in the barn, but not attached to the barn door. In the early 2000’s, the barn was used for organic grain storage. Foam
covered (for insulation) concrete block walls were laid and a geothermal unit was installed to cool the grain storage area. The room has
not been changed, but the unit no longer in working condition and this area is no longer used for grain storage. The electric panel in the
barn was updated during this same period. New florescent & LED have also been recently installed in the barn. This tract has 1 well
(approximately 60’ deep) along the east side of the barn and has a hand pump on it.
Tract # 3 has approximately 11.41 acres of nearly all tillable (excepting Road Right of Way) farmland in one
contiguous field. Soil types are CRA Crosby Silt Loam, MPB2 & TR Treaty Silty Clay Loam soil types).
* All parcels are in the Rush County School District. 330 W 8th Street, Rushville. Tele # 765-647-4128
* Water & Sewage is provided by three individual wells & an individual septic system.
* Electric is provided by Rushshelby Energy, 126 S Main Street, Rushville, IN 46173. Tele# 765-932-4121.
* All non-built-in appliances such as Stoves, Refrigerators, Freezers, Washers & Dryers are considered personal property and will be
sold separately after the Real Estate Auction has been completed.
The buyers will agree and acknowledge:
1) To accept the property “AS-IS” in the condition that it exists on the day of sale.
2) Seller to pay Real Estate Taxes due in fall of 2017 and Buyer to pay taxes due in the spring of 2018 and all taxes thereafter.
Tract # 1 - 2017 taxes were $ 428.75 per 1/2 = $ 857.50 per year.
Tract # 2 – 2017 taxes were $ 222.60 per 1/2 = $ 445.20 per year
Tract # 3 – 2017 taxes were $ 138.80 per 1/2 = $ 277.60 per year
3) I (WE) understand that this sale is not contingent upon any appraisals or subject to approval of any type of financing. I agree to
purchase the real estate “as is” and if in any event decide not to close this real estate transaction, I (WE) will forfeit the down
payment to the seller.
4) Seller will transfer title with a warranty deed. Any OWNERS TITLE INSURANCE POLICY necessary will be the responsibility
of the buyer.
5) Payment will be made as follows: $10% of the final sales price down on the day of sale, and the balance within 30 days.
6) Possession to be given at closing upon final payment.
7) Sale is made subject to the Owners confirmation.
Jb & G Trust and
* All items sold "AS IS, WHERE IS" with all faults.
* All descriptions believed accurate but not waranteed.
* Bidder inspection is encouraged.
* By placing a bid, bidder signifies that they have examined the items to their satisfaction, or that they have chosen not to personally examine them.
* Auctioneer reserves the right to reject any bid at your sole discretion.
* Cash, check, paypal (3% fee), and credit card (3%fee) accepted.
* Shipping and any requested insurance on shipping will be the responsibility of the buyer.
* Any litigation for legal action required as a result of auction will be filed in Franklin County Indiana and auction company reserves the right to recoup any fees incurred in defense of litigation.
* With all internet only auctions auction company reserves the right to cancel and re-open auction based on internet or system failures.
* Auction may be canceled any time before auction close at the discretion of the auction company.
White's Auctions, est 1922 - AC3150023
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.