March 29 Manhattan reale estate auction · SOLD! Commercial property on K-177

Auctioneer

This auction will be conducted by Purple Wave Realty, Duane McKinney, broker, 785.776.1010

Aaron McKee, auctioneer, 785.537.5057

Questions regarding real estate should be directed to Purple Wave Realty at 785.537.5057.

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SOLD! Commercial property on K-177
1550 Pillsbury Drive · Manhattan, Kansas
only at auction, Thursday, March 29, 5:00pm CDT

Auction | details

topspan picture 1

Contract price · property information · location · maps · support documents · pictures · area information · recommendations · broker participation · terms

Property location
The real estate is located south of Manhattan, Kansas, on Highway 177, at 1550 Pillsbury Drive. It has approximately 350 feet of frontage along K-177 and is zoned C-4. The Kansas Department of Transportation lists the traffic of K-177 near the property at a yearly average of 7,920 vehicles per day.

Auction date and time
The auction will be held at 5:00pm CDT on Thursday, March 29, 2007.

Auction location
The auction will be held at the Purple Wave Auction, Inc. facility at 701 Enoch Lane, Manhattan, Kansas.

Close of bidding
Internet bidding closes one hour before the auction

Property inspection
Inspection available from 2:00pm to 4:00pm on Sundays March 11, 18 and 25.

contract | price

The winning bid of $160,000 established a contract sales prices of $176,000.

property | information

1550 Pillsbury Drive · Manhattan, Kansas
The property consists of a site located on the southwest side of Kansas Highway 177, southeast of Manhattan, Kansas. According to county records, the site contains 100,188 square feet. It has approximately 350 feet of frontage along K-177. The Kansas Department of Transportation lists the traffic per day as of April 2004 at 7,920. The traffic map is available in the support documents section. The site is 10 to 12 feet below street grade and slopes gradually to the southwest. Property taxes are $2,957.80 general and $118.74 special for a total annual tax of $3,076.54.

It is zoned C-4, Highway Business District, which allows a broad variety of uses catering to commuters on highways and major traffic arterials. Surrounding land uses include a large commercial warehouse building to the north, an auto repair facility to the east, a residential home and mini-storage facility to the south and residential homes to the west.

Water service for the property is provided by the Konza Rural Water District. Most of the house's appliances are natural gas and the electricity is provided by Westar. The residence and each commercial building have separate lateral fields and septic tanks.

Current total rent for all buildings is $1,175 per month and leases are currently being converted to month-to-month rents for auction.

The site is not located in a flood hazard zone as of November 19, 2003.

Residence

residence picture

Home
The home contains a dining room, living room, kitchen, bedroom and full bathroom on the ground floor. An interior staircase provides access to an attic, which has been utilized as a bedroom. The basement level contains a family room, bedroom, bathroom with shower and laundryroom.

The interior is adorned in vinyl and carpet floors, painted walls and textured ceilings. The basement level has a walk-out entrance to a concrete patio with a storage shed that has a Kansas State University paint theme.

The door on the northwest side of the house by the patio enters to the kitchen where a stainless steel double sink, cabinets, cupboards and drawers are built into the southwest wall. The Maytag refrigerator and Admiral gas range will sell with the property.

Next to the kitchen on the north side of the house, after the full bathroom, is the dining room. The door on the northeast wall leads outside to the spacious front yard and faces the road. Like most of the house, the dining room has a purple theme and wood paneling alon the northwest wall. A large walkway leads to the living room.

The living room features a large window to the front yard as well as access to the stairs to the upper level, located in the south corner of the living room.

Southeast of the kitchen is the bedroom, accessible through the hallway that leads past the stairs to the basement. The bedroom has a peach theme, with a large closet and storage over the stairs.

The largest room in the house is the finished basement living room. The entire southeast half of the basement composes this area, the south end of which is the basement entryway with a door to the back yard. The room has a gas heater, red carpet, and a window in the east corner.

The west corner of the basement houses the laundry room, which has a drain in the concrete floor. A unique half-wall separates the laundry room from the basement entryway. Both the laundry room and entryway have large windows that face the back yard.

A utility area to the northeast of the laundry room separates a bathroom from the bedroom. This room houses the Kenmore Powermiser water heater and York Diamond 90 air conditioner. Shelving is built into the west walls.

The full bathroom downstairs is between the laundry room and the utility area. North of the utility area is the bedroom, which has a window on the northeast corner and a mural painted on the southeast wall.

The attic area was used as a bedroom and has windows on both ends and a wooden floor.

Detached garage

garage picture

Garage
A detached, two-car garage measuring 28' x 24' is west of the home. Between the house and garage is a large, covered, cement patio that measures 20' x 13'. A swingset with purple basketball goal is just south of the patio, and a decorative garden, fence and rock wall are all near the west corner of the house. The back yard has several bird feeders on fence posts.

Commercial building 1

commercial building 1

Commercial building 1
1552 Pillsbury Drive is located southeast of the house. It was originally constructed in 1962. A concrete block addition was later made. The interior of the building is reported to have a small amount of office space, a restroom, concrete floors and forced-air furnace heat thorughout the building. The addition is utilized as a painting station and has an exterior fan. The building has three overhead doors and has been used for auto repair.

Commercial building 2

commercial building 2

Commercial building 2
Commercial building 2 is located north of the house. The building has two small offices, a large shop area, and a restroom in the west corner. The building has three overhead doors, and exhaust fan and forced-air furnace heat throughout the building.

Commercial building 3

commercial building 3

Commercial building 3
Commercial building 3 is located southeast of the house and southwest of commercial building 1. The interior of the building is reported to function as a storage area with no office, restroom or heat. The building has, however, been plumbed for a future restroom.

1550 Pillsbury Dr.
Part of the northeast 1/2 of section 20-10-8 east of the 6th P.M., Riley County, Kansas, described below.

From a point on the west line of said northeast 1/2 that is 801.9 feet south of the northwest corner thereof, thence east 294 feet to the west line of the Johnson tract, thence south 36° 36" east 1181 feet to the place of the beginning; thence running south 36° 35' east 333 feet, thence north 50° 44' east 526 feet to the westerly right of way line of Highway No. 13, thence northwesterly along said right of way 351 feet, thence south 50° 44' west 516 feet to the place of the beginning, containing four acres, more or less, less a tract of real estate deeded to Bertha Carline Graves and husband, as shown by deed recorded in book 229, page 427, and a tract of real estate deeded to Alice May Persyn, as shown by deed recorded in book 229, page 436, and a tract of real estate deeded to Frank E. Kramer, as shown by deed recorded in book 233, page 562, all in the office of the Register of Deeds Riley County, Kansas.

property | maps

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1
2
4
5
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property | support documents

main floor plan
floor plan
lower level floor plan
lower level floor plan
upstairs floor plan
upstairs floor plan
north floor plan
floor plan with top north orientation
zoning preview
zoning information
rent preview
current rent information
download rent PDF
traffic map
2004 traffic count map from the Kansas Department of Transportation
200k PDF
house ICS
inventory contents sheet for house
commercial building 1 ICS
commercial building 1 inventory contents sheet
commercial building 2 ICS
commercial building 2 inventory contents sheet
commercial building 3 ICS
commercial building 3 inventory contents sheet

property | videos

Ground floor video

Attic video

Lower level video

Property | pictures

1550 Pillsbury Drive

Top span leader picture

Front yard

1001C
Facing southeast from north corner of property
1001B
Facing south from north corner of property
1001D
Facing southwest from north corner of property
1001A
Facing southwest from north corner of property
1001H
Facing south from northeast side of property near road
1001G
Facing house from road
1001F
Facing southwest from road showing house, garage and commercial building 2
1001E
Facing west from road showing garage and commercial
building 2
22
Facing southwest from end of driveway
1001I
Facing southwest from end of driveway
1001J
Facing southwest from end of driveway
21
Facing southwest from end of driveway
3
House, patio and garage from end of driveway
1001K
Facing west from end of driveway
19
Facing north from front of building 1
1001L
Facing northeast from front of building 1
15
Facing south from bottom of driveway showing buildings 1 and 3
16
Facing southwest from bottom of driveway
1001N
Facing west from bottom of driveway
1001M
Facing northwest from bottom of driveway
1101K
Facing east from east corner of building 2
1101L
Facing south from door to building 2
4
Facing west from road showing garage and building 2
1
Facing southwest showing house, patio and garage

House

2
Facing house from road
1001P
Facing house from north corner of property
1001
House well-kept and
maintained
1111S
East corner of house
1111T
Front of house faces road
1111Q
House has main entrances on northwest and northeast sides
1111V
House equipped with central heat and air
1001O
East corner of house
1111U
Front side of house showing mailboxes and shed
20
East corner of house showing garage
1111L
Back door to house on lower level
1111M
West corner

Storage shed

1111K
A small storage shed was
used to store wood for
the fireplace
18
The chimney is now capped
and the shed is empty
1101Q
Shed sits on a concrete patio
1101R
Shed could be converted to playhouse
1101S
The shed is a very short distance from the SW door of the house

Garage

12
Front side of garage faces road
1101J
Facing south showing door and garage doors
1101W
Facing west
1101F
Facing north
1101G
Facing road showing back of garage
1101N
Interior of garage clean and sound
1101O
Contents will be removed
1101P
Garage built in 1983

Near house

13
Covered patio is between
house and garage
1111P
Patio measures 20' x 13'
1111O
Facing road from back yard showing fence and patio
1101D
Treehouse in tree directly
west of house
1101U
Stone wall and fence
1101V
Facing west into back yard
from south corner of patio
1101I
Stone work between garage
and building 2
1111N
Tree with treehouse provides shade for back yard
and garden
1101C
Back yard is adorned with several bird feeders
1101E
Unique purple goal and swingset
1101T
From front door of house facing road showing large front yard

Back yard

1101A
Facing northeast from south corner of property
1101B
Facing northwest from south corner of property
1101H
Facing road from west corner
of property
1101X
Facing west from driveway between house and garage
1101Y
Facing south from west corner of garage
1101Z
Facing northeast from west corner of property
1111
Facing northeast from southwest side of property showing house and patio
1111A
Facing northeast from southwest side of property showing back of house house, patio and shed
1111B
Facing north from southwest side of property
1111C
Facing north from south corner of property
1111D
Facing north from south corner of property
1111E
Facing north from south corner of property
1111G
Facing northwest from southeast side of property
1111H
Facing south from near house

Commercial building 1

14
Front of building faces house
1001R
Space between east wall and fence
1001Q
Northeast side
1001S
North corner
1001T
Northwest side
1111J
Northwest side
1001Y
Far end of northwest side
1001V
Southwest wall has four windows
100109
Interior, smaller section
100110
Interior, smaller section
100111
Interior, smaller section
100112
Interior, larger section
100113
Interior bathroom
100114
Interior, larger section
100115
Interior, larger section
100116
Interior, larger section
100117
Furnace
100118
Interior, larger section
100119
Office area
100120
Office area
100121
Office area
100122
Office area

Commercial building 2

10
Facing northwest from bottom of drive
5
Facing west from road
1001A
Facing southwest from north corner of property showing garage and building 2
8
Facing southwest from north corner of property showing back of building
1101M
Southeast wall has three garage doors
1111R
Southeast wall
1221T
Facing northwest from
entrance on east corner of building
1221U
Facing west from entrance
1221R
Storage room in north corner of building
1221S
Facing east from storage room entrance showing main entrance
2221A
Facing east from entrance to shop area
1221V
Facing southwest from entrance to shop area
1221W
Facing south from entrance to shop area
1221X
Southwest wall has two windows that face garage
1221Y
Restroom located in west corner of shop area
1221Z
South bay
2221
Building constructed in July, 1970

Commercial building 3

1111I
Front of building faces house
1001U
Building is southwest of building 1
1001W
Area between back of building and property line
1001X
Southeast wall faces building 1
1001Z
North corner
1111F
West corner

House interior

1211
Front door facing southwest
1211A
Dining room facing north
1211B
Dining room facing northeast
1211C
View of dining room facing south showing living and hallway
1211D
Entry way into living room facing southeast
1211E
Living room showing doorway to attic facing south
1211F
Large living room window facing norheast
1211G
Living room facing north
1211H
Entry way to bathroom facing northwest
12112AT
Bathroom facing northwest
12112AU
Bathroom facing south
1211I
Entry way into kitchen facing southwest
1211J
Kitchen door facing northwest
1211K
Cabinets, double sink and cupboards built into entire southwest wall
1211L
Kitchen view facing south
1211M
Kitchen refrigerator and stove facing southeast
1211N
Hallway going to bedroom facing southeast
1211O
Upstairs bedroom facing south
1211P
Upstairs bedroom showing closet and window facing west
1211Q
Upstairs bedroom facing southeast
1211R
Upstairs bedroom closet facing northwest
1211S
Stairs leading to bacement facing southwest
1211T
Facing northeast in large downstairs living room showing window in east corner
1211U
Finished basement space facing north
1211V
Heater in basement facing northwest
1211W
Finished room occupies entire southeast side of house
1211X
Half-wall between back door and laundry room
1211Y
Basement door facing southeast
1211Z
Entry way into southwest of basement
12112AA
Looking northeast outside downstairs bathroom past water heater towards north bedroom
12112AB
Basement storage room
12112AC
Basement storage room
12112AD
Heater in basement storage room
12112AE
Water heater in basement storage room
12112AZ
Water heater information plate
12112AF
Basement bedroom facing west
12112AG
Mural on basement bedroom facing southeast
12112AH
Basement bedroom facing west
12112AI
Entryway into basement laundry room facing southwest
12112AJ
Basement laundry room facing northwest
12112AK
Basement laundry room facing southwest
12112AL
Sink in basement laundry room
12112AM
Washer in basement laundry room
12112AN
Dryer in basement laundry room
12112AO
Doorway to basement bathroom
12112AP
Entrance to basement bathroom
12112AQ
Shower in basement bathroom
12112AR
Basement bathroom facing south
12112AS
Sink in basement bathroom
1221K
Stairs to upper level located in south corner of living room
1221L
Crawlspace on booth sides of finished area
1221M
Facing north from stairs
1221N
Facing west from top of stairs
1221O
Facing southwest
1221P
Facing northeast

area | information

Manhattan, Kan.
The following text is printed verbatim under section 2 of the GNU Free Documentation License. The original URL is viewable at http://en.wikipedia.org/wiki/Manhattan%2C_KS.

Manhattan is a town located in northeastern Kansas at the junction of the Kansas River and Big Blue River. As of the July 2005 census estimate, its population was 49,462, making it the eighth-largest city in Kansas. Manhattan is the county seat of Riley County. A small part of the town extends into Pottawatomie County.

Nicknamed The Little Apple in 1977 as a play on New York City's "Big Apple," it is most well-known for being the home of Kansas State University. Eight miles (13 km) west of the town is Fort Riley, a United States Army post.

Geography
Manhattan is located at 39°11.5'N 96°35.5'W, or about 50 miles (80 km) west of Topeka on the Kansas River.

According to the United States Census Bureau, the city has a total area of 38.9 sq. km. (15.0 sq. mi.), almost all land.

Geographic features
Manhattan is located in the Flint Hills region of Kansas, which consists of continuous rolling hills covered in tall grasses. However, the current downtown area - the original site of Manhattan - was built on a broad, flat floodplain at the junction of the Kansas and Big Blue rivers. Tuttle Creek Reservoir is located 5 miles (8 km) north of Manhattan. The lake was formed when the Big Blue River was dammed for flood control in the 1960s, and it is now a state park that offers many recreational opportunities. South of town is the Konza Prairie, a tall-grass prairie preserve jointly owned by The Nature Conservancy and Kansas State University.

Climate
Over the course of a year, temperatures range from an average low of almost 15°F in January to an average high of nearly 93°F in July. The maximum temperature reaches 90°F an average of 56 days per year and reaches 100°F an average of 9 days per year. The minimum temperature falls below the freezing point (32°F) an average of 118 days per year. Typically the first fall freeze occurs between the last week of September and the end of October, and the last spring freeze occurs between the first week of April and early May.

The area receives nearly 35 inches of precipitation during an average year with the largest share being received in May and June - the April-June period averages 33 days of measurable precipitation. During a typical year the total amount of precipitation may be anywhere from 24 to 46 inches.

There are on average 97 days of measurable precipitation per year. Winter snowfall averages almost 16 inches, but the median is less than 10 inches. Measurable snowfall occurs an average of 10 days per year with at least an inch of snow being received on six of those days. Snow depth of at least an inch occurs an average of 20 days per year.

Demographics
As of the census of 2000, there were 44,831 people, 16,949 households, and 8,254 families residing in the city. The population density was 1,152.4/sq. km. (2,983.9/sq. mi.). There were 17,690 housing units at an average density of 454.7/sq. km. (1,177.4/sq. mi.). The racial makeup of the city was 87.28% White, 4.86% African American, 0.48% Native American, 3.93% Asian, 0.07% Pacific Islander, 1.30% from other races, and 2.07% from two or more races. Hispanic or Latino of any race were 3.49% of the population.

There were 16,949 households out of which 22.7% had children under the age of 18 living with them, 39.6% were married couples living together, 6.6% had a female householder with no husband present, and 51.3% were non-families. 30.5% of all households were made up of individuals and 6.3% had someone living alone who was 65 years of age or older. The average household size was 2.30 and the average family size was 2.89.

The age distribution is 15.8% under the age of 18, 39.2% from 18 to 24, 24.0% from 25 to 44, 13.2% from 45 to 64, and 7.8% who were 65 years of age or older. The median age was 24 years. For every 100 females there were 106.4 males. For every 100 females age 18 and over, there were 105.4 males. The general age distribution is typical of a university town; the sex distribution is not uncommon in areas dominated by major land-grant universities.

The median income for a household in the city was $30,463, and the median income for a family was $48,289. Males had a median income of $31,396 versus $24,611 for females. The per capita income for the city was $16,566. About 8.7% of families and 24.2% of the population were below the poverty line, including 10.1% of those under age 18 and 7.8% of those age 65 or over. However, traditional poverty statistics can be misleading when applied to communities with large student populations, such as Manhattan.

Sites of interest
Visitors are drawn to Manhattan by Kansas State University sporting events, performing arts, lecture series, and the annual Country Stampede Music Festival - the largest music festival in Kansas.

The Marianna Kistler Beach Museum of Art and the Kansas State University Gardens are located on the campus of Kansas State University. Next to campus is Aggieville, one of the oldest shopping and retail centers in the United States, with enough bars to satisfy the college crowd. Aggieville is also home to the longest continuously-operating Pizza Hut in the world.

Manhattan's Sunset Zoo is accredited by the Association of Zoos and Aquariums (AZA). Colbert Hills Golf Course, which is annually ranked by Golf Digest among the best in the state, is home to the Earl Woods National Youth Golf Academy and a host site for the First Tee program. Manhattan is also the birthplace of Damon Runyon, the "Inventor of Broadway," and his Manhattan house is listed on the National Register of Historic Places.

The Flint Hills Job Corps Training Center west of town were once used as a nursing home and orphanage operated by the Fraternal Order of Odd Fellows.

The First Capital of the Kansas Territory is preserved nearby, on Fort Riley grounds.

Education
Manhattan is home to Kansas State University, Manhattan Christian College, Manhattan Area Technical College, the American Institute of Baking and The Flint Hills Job Corps Training Center. The town is also headquarters for the International Association for Jazz Education. Manhattan has one public high school with two campuses (Manhattan High School), two junior high schools (Susan B. Anthony and Dwight D. Eisenhower), and eight elementary schools (Amanda Arnold, Frank V. Bergman, Lee, Marlatt, Northview, Ogden, Theodore Roosevelt and Woodrow Wilson). The town also has two private school systems: Flint Hills Christian School and the Manhattan Catholic Schools.

Transportation
Manhattan Regional Airport is located 4 miles (6 km) west of Manhattan on K-18. The airport is served by U.S. Airways Express. Manhattan has no internal mass transit system, and bus and train service to and from the town has been discontinued over the past several years.

Notable residents

The town in popular culture

auction | buyer broker participation

For the properties located at 1550 Pillsbury Drive in Manhattan, Kansas, to be auctioned on Thursday, March 29, 2007, a commission will be paid to any properly licensed real estate broker whose buyer is the successful purchaser for this property and who actually closes and pays the total contract sale price for the property. The commission shall be paid as follows:

Three percent commission will be paid on any pre-sale or written opening bid amount shown on the broker participation form, included in this document or available upon request. A one percent commission will be paid on the amount by which the successful high bid at auction, not including the buyer's premium, exceeds the bid amount indicated on the broker participation form.

If an opening bid is not written on the broker participation form, or the form is not submitted according to the terms listed thereon, then a one percent commission will be paid to the broker on the full amount of the successful high bid.

To earn the buyer broker commission, the participating broker must register his or her bidder by completing the broker participation form in full and must fax, mail, or email it to Purple Wave Auction, Inc. The form must be received no later than 24 hours prior to the start of the auction.

Download buyer broker participation form

The form should be sent to:
Purple Wave Auction, Inc.
mobile 701 Enoch Lane
Manhattan, KS 66502

auction@purplewave.com
785.539.5356 f

auction | terms

Conditions of sale
Everyone must register for a bidding number. The owner warrants to convey marketable title to the real estate through a limited warranty deed, free from all encumbrances, liens, or judgments at the time of closing.

Buyer's premium
A 10% buyer's premium will be added to the bid to establish the contract price the successful bidder must pay. For example, a bid of $100,000 will be assessed a $10,000 buyer's premium, creating a contract price of $110,000.

Restrictions
The property is sold subject to all city, county, and state laws, ordinances, and regulations as well as any and all easements, encumbrances, and restrictions applicable to the property. Seller is placing no restrictions on the property.

Release
By its acceptance of the deed, buyer shall be deemed to release seller, Purple Wave Realty, and Purple Wave Auction, Inc. from any and all claims and liabilities relating to any defect, deficiency of other matter concerning the property including, without limitation, the quality, condition, quantity, or use of the property. Sellers, Purple Wave Realty and Purple Wave Auction, Inc. give no warranties of any kind either expressed or implied, with respect to the condition, merchantability, use size, configuration, design, or suitability of the property.

Legal courses of action
Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers, Purple Wave Realty, Purple Wave Auction, Inc., their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of Purple Wave Auction, Inc.'s website and (III) a dispute with another bidder.

Arbitration
For disputes between buyer and seller, Purple Wave Realty and/or Purple Wave Auction, Inc., that are not resolved by the parties within ten days after any party gives notice to the others of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Such arbitration shall be conducted in Manhattan, Kansas. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years.

Bid rejection
Purple Wave Auction, Inc. reserves the right to reject any and all bids from any bidder.

Bid retraction
By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the purchase offer. If a bidder cannot satisfy the terms of the auction, the bidder should not bid.

Assessment of condition
All bidders, including buyer, should rely solely on personal inspection and not information listed in this property information document, on the website, or otherwise provided by Purple Wave Realty, Purple Wave Auction, Inc. or seller. Any bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale.

Auction contract
Please note that the Auction Contract executed by buyer and seller immediately following the close of the auction will be written based on the manner in which buyer bids. Buyer will be closing on the tract or combination of tracts on which buyer is the successful bidder in the final manner in which buyer bids at the auction.

Real estate brokerage services disclosure
Purple Wave Realty and its auctioneer, Purple Wave Auction, Inc., represent the seller in this transaction. They do not represent the buyer in any manner and they must be completely loyal and faithful to the seller. Purple Wave Realty has an exclusive right to the listing for this transaction. All negotiations must be conducted through Purple Wave Realty. Purple Wave Realty is the exclusive agent for the sellers in this transaction. All successful bidders will be required to sign an agency disclosure form at the time of signing the Auction Contract, if applicable.

Purple Wave Realty's involvement in contract
The seller and buyer hereby agree that Purple Wave Realty is an intended third party beneficiary of the Auction Contract and shall receive compensation as stated in the agreement between it and seller.

Utilities
Neither Purple Wave Realty, Purple Wave Auction, Inc. nor the seller guarantees the availability of utilities, public or private. This exclusion consists of, but is not limited to, wells, septic tanks, access to public utilities, or any hook-up fees therewith. Confirmation of utility availability is the bidder's sole responsibility.

Terms
A 10%, non-refundable deposit based on the contract price will be due from buyer immediately after buyer is declared the winner. The balance shall be payable in cash at closing in 30 days. This transaction is not contingent on the buyer obtaining financing or upon any other event except as specifically referred to in these terms and conditions. Personal or business checks will be accepted with a bank letter guaranteeing payment of such funds.

Remedies
If buyer chooses not to close within the stated time herein and no written extension has been granted by the seller, the buyer will forfeit all the deposit and Purple Wave Realty may disperse the deposit as stated in the listing agreement. Notwithstanding the foregoing, seller may seek any other relief or remedy in law or equity, including suing the buyer for specific performance, which buyer expressly agrees is permitted, and/or any additional damages the seller suffers by the default of the buyer.

Escrow
All monies collected on sale day will be deposited in an escrow account, the location of which is listed below.

Capital Title Insurance Company
4805 Vue Du Lac Place
Manhattan, KS 66503

Possession
Buyer shall receive possession of property at the date of closing.

Multiple tract sales
Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. Purple Wave Realty reserves the right to offer the property in individual tracts or lots, combinations of tracts or lots, as a whole or in anyway that we see fit in order for it to bring the most money for the seller. The sale of combinations supersedes the sale of individual tracts. The decision of the auctioneer is final. Seller and Purple Wave Realty reserve the right to amend any terms or conditions prior to or during the auction.

Closing cost
Buyer shall pay all closing costs associated with purchasing the property. Such costs include but are not limited to examination of title and / or title insurance, fees charged by a lender or lenders, property insurance, mortgage insurance, credit report(s), property legal survey, all recording fees, and fees charged for services by the escrow and / or closing agent. Additionally, any other fees associated with the transaction, including inspections such as termite or other pestss, whole house or lead based paint, shall be paid by the buyer. Also, buyer(s) shall pay for charges and fees by buyer's attorney. Seller shall not pay any closing costs.

Closing location and agent
The closing location and agent will be determined on or before the auction date.

Title insurance
All title insurance commitment fees and premiums will be paid by buyer.

Taxes
Real estate, personal property, and other taxes or governmental assessments against the property will be prorated to the day of closing.

Miscellaneous
All prior understandings and agreements between the parties are merged into this agreement, which constitutes the entire agreement between the parties. Time is of the essence of this agreement. This agreement shall be construed in accordance with and governed by the laws of the state of Kansas. No delay or failure by seller to exercise any right hereunder, and no partial or single exercise of such right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, and assigns.