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316 South Osteopathy Avenue, Kirksville, MO 63501

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Property consists of 3 parcels totaling 9.83+/- ac. An Adult Care Center is located on 2 of the 3 parcels. The facility is approximately 70,000 sf and 3 stories with a kitchen, dining area, full laundry area and 3 elevators. The third parcel is smaller and fronts South Osteopathy Street with benches and trees. Northeast Regional Medical Center is located on the east side of South Osteopathy Street across the street from the Adult Care Center. There is a Deed restriction prohibiting the property to be used as a skilled care nursing home. PropertyID: 352567

Auctions:
6:00 PM EDT Friday, November 2, 2018

Auction Location:
On-Site and Live Online

Open to the Public:
Friday October 5 and 19 from 11-2pm

Note: A Buyer's Premium (Buyer's Fee in WI) will apply for this property. Buyer pays a $199 Technology Fee at closing. Please see Terms of Sale for details.

Disclosures:
All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

Deed Restriction Disclosure. Property will be deed restricted against use as a Nursing Home.

Auction Network Terms & Conditions of Service
Auction Network, LLC
Terms & Conditions of Service

All properties are offered for auction by Williams & Williams Marketing Services, Inc. ("Williams & Williams"). Williams & Williams serves as the auctioneer and represents the owner of the property at auction. Any questions regarding the auction process or a property should be directed to Williams & Williams or its designated representative. Auction Network, LLC ("Auction Network") serves solely as the online bidding service (the "Service") provider for Williams & Williams. Your use of the Service is governed by these Auction Network Terms & Conditions of Service and the Auction Network Terms of Use located at the following URL: <https://www.auctionnetwork.com/terms-of-use,> as amended from time-to-time by posted notices or oral announcements made during any auction.

Auction and Sale Are Subject to Binding Terms & Conditions. You are registering to bid on the properties selected during the registration process, and your bid and the sale of the property are governed by the property specific Williams & Williams Contract for Sale, including all addenda, amendments, exhibits, disclosures (written and announced), and other documents attached thereto (together, the "Contract for Sale"), and the Sale Day Notes, Terms & Conditions of Sale, and Terms of Sale. Each of these documents are available for your review at the Williams & Williams property specific web page. DO NOT BID UNLESS AND UNTIL YOU REVIEW THESE DOCUMENTS. BY PLACING YOUR BID, YOU AGREE TO BE BOUND BY THE CONTRACT FOR SALE, DISCLOSURES, SALE DAY NOTES, AND THE WILLIAMS & WILLIAMS TERMS & CONDITIONS OF SALE AND TERMS OF SALE. In the event of any conflict between Auction Network's Terms & Conditions of Service and the Williams & Williams Terms & Conditions of Sale and Terms of Sale, the Williams & Williams Terms & Conditions of Sale and Terms of Sale shall control in each instance.

No Warranty or Guarantee. Auction Network has no authority to, and does not provide any, guarantee, warranty, or covenant, of any kind or nature, regarding a property. Per the Williams & Williams Terms & Conditions of Sale and Terms of Sale, all properties auctioned are sold "AS-IS, WHEREIS" without any representation or warranty, express or implied, of any kind by Williams & Williams, Auction Network, or the seller and there are no financing, inspection or other contingencies to sale. Buyers must conduct their own due diligence and investigation of each property to determine the suitability of each property prior to submitting a bid. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Williams & Williams. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for a claim adjustment or cancellation of a sale. Neither Auction Network nor Williams & Williams assumes any risk, liability or responsibility for the authenticity of the authorship of any property or livestock offered at auction (that is, the identity of the creator or the period, culture, source or origin, or lineage, as the case may be, with which the creation of any property is identified).

Cancellation; Liquidated Damages. If the high bidder breaches any portion of these Terms & Conditions, the auction Terms of Sale, or the Contract for Sale and/or fails to return executed copies of all required documents or the required down payment, the bidder's high bid offer shall be rejected by the seller and all rights to purchase the property, if any, shall terminate with the seller having the right to offer for sale or sell the property to another without limitation, and the bidder shall pay Williams & Williams liquidated damages in an amount equal to the bid deposit held on bidder's credit card at the time of registration (regardless of whether the bidder actually processed the bid deposit). The bidder hereby authorizes Williams & Williams to charge the credit card used to register for the Event in the amount of the hold to satisfy all or part of the liquidated damages owed to Williams & Williams by bidder. BIDDER AGREES THAT IT IS EXTREMELY DIFFICULT OR IMPOSSIBLE OR IMPRACTICAL TO ACCURATELY ESTIMATE THE AMOUNT OR EXTENT OF WILLIAMS & WILLIAMS' ACTUAL INJURY OR DAMAGE RESULTING FROM A MATERIAL BREACH OF THIS AGREEMENT BY THE BIDDER AND BASED ON THE UNCERTAINTY OF SUCH ESTIMATION, THE BIDDER AGREES THAT LIQUIDATED DAMAGES IDENTIFIED HEREIN ARE A PROPER REMEDY FOR BIDDER'S MATERIAL BREACH OF THIS AGREEMENT. THE BIDDER FURTHER AGREES THAT THE LIQUIDATED DAMAGES AMOUNT SET FORTH HEREIN CONSTITUTES A REASONABLE AND SATISFACTORY PRE-BREACH ESTIMATION OF EACH PARTY'S DAMAGES, AND SHALL NOT IN ANY WAY BE CONSIDERED A PENALTY OR FORFEITURE.

Auctioneer Powers. The auctioneer has the right at his or her absolute and sole discretion to refuse any bid, to advance the bidding in such a manner as he or she may decide, to withdraw or divide any lot, to combine any two or more lots and, in the case of error or dispute, and whether during or after the sale, to determine the successful bidder, to continue the bidding, to cancel the sale or to reoffer and resell the item in dispute. If any dispute arises after the sale, our sale record is conclusive. Any property may be withdrawn by Auction Network or Williams & Williams at any time before the actual sale without any liability therefore. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, he or she may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, he or she decides that any advance thereafter is insufficient, he or she may reject such advance.

Governing Law. These Auction Network Terms & Conditions of Service, Terms & Conditions of Use, Williams & Williams' Terms & Conditions of Sale and Terms of Sale, as well as the online buyer's rights and obligations hereunder, shall be governed by and construed and enforced in accordance with the laws of the State of Oklahoma. By bidding at this auction, whether in person or by agent, order bid, telephone, online, or other means, the buyer shall be deemed to have consented to the exclusive jurisdiction of the state and federal courts sitting in the State of Oklahoma.

Internet & Network Disclaimer. Auction Network, Williams & Williams, and the Seller are not responsible for technical difficulties during online or remote bidding. Occasionally, the Auction Network online bidding interface may be unable to submit bids in the live auction due technical difficulties including, without limitation, the lack of sufficient communication infrastructure at the location of the live auction. Online bidders are advised to place an absentee bid at least 1 day prior to the live auction to ensure their bid is entered into the live auction on the online bidder's behalf.

Williams & Williams Terms & Conditions of Auction
316 South Osteopathy Avenue, Kirksville, MO 63501

Thank you for participating in Williams & Williams Online Auctions. It is important that you familiarize yourself with the terms and conditions as all sales are final and irrevocable. The terms of sale are non-negotiable. Good luck and good bidding!

Registration at the auction (online and/or in person) finalizes each bidder's agreement to the terms and conditions of sale as stated in the Contract and its Addenda which are incorporated by reference into your bidding. Do not bid until you have read the terms and conditions. In order to bid on the auction items, all Bidders must be signed up as Members of williamsauction.com and register to bid on the specific property in question. There is no fee to register although a valid credit card will be required to verify identity and funds and the High Bidder will be required to pay a Williams & Williams Technology Fee of $199 at closing. By bidding you are representing to Williams & Williams ("Broker" and/or "Auctioneer") and the seller that you have read and agree to be bound by the terms and conditions for this sale as stated herein.. DO NOT BID unless you have read and agreed to be bound by the terms of sale in the Contract as they are enforceable against you upon becoming a high bidder.

THE SALE WILL BE CONTROLLED BY THE AUCTIONEER PROGRAM. Williams & Williams is not responsible for malfunctions or system errors which cause a bid or bidder to fail to be recognized or registered. If there is a dispute, the Auctioneer may re-open the bidding at the Auctioneer's sole discretion and shall serve as the sole arbiter as to who is or is not allowed to bid. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down properties or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding and to accept or reject any or all bids. Absentee bids may be accepted at the discretion of the Auctioneer. Any and all decisions of the Auctioneer regarding the order and conduct of the auction shall be final and absolute without liability to any party. Seller reserves the right to cancel or withdraw any property at any time.

All auctions are subject to court or seller approval. Most sales are approved within seven (7) business days. Buyers are not allowed possession until filing of the deed, at which time the property should be re-keyed. "Showing" requests from Buyers after the auction may not be able to be accommodated.

Bidding starts at the nominal Opening Bid(s) indicated and is open to all who registered and are approved. The Auctioneer will call the sale and control any increments of bidding. The bidding will continue for a period of five (5) to seven (7) days for each property. The auction ends at a predetermined time with an Overtime Period if necessary, which is defined as follows: if a bid is placed within three (3) minutes of the close of bidding, then another three (3) minute period commences from the time of the last bid until no bids are placed within the next three (3) minutes. The last bid shall be made final.

A Buyer's Premium of 5% ($10,000 minimum) will be added to the high bid and included in the total purchase price. 

Each high bidder must make a 10% non-refundable deposit per property ($5,000 MINIMUM - whichever is greater) at the conclusion of the auction. Electronic wire funds, ACH Debits, and cashier's checks are the only forms of payment accepted. If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. Once the Seller approves the Sale, the deposit will be credited to the Contract. The balance of the purchase price all closing costs, and the Technology Fee are due at closing.  Buyer is responsible for all escrow and closing fees typically ranging from $750-$3000.  It is the Buyer’s responsibility to contact a local title agency or real estate attorney for a property specific estimate prior to placing a bid. Deposits will not be forwarded to any title company, or other party, for closing until WW's bank has received "cleared funds" for the deposit.

Within 24 hours immediately following the close of the auction, Auctioneer or Title Company shall contact Buyer by electronic mail, telephone or facsimile to provide documents for execution. All purchase documents will be provided to the Buyer and Buyer will be required to sign and return all purchase documents to Auctioneer via overnight delivery. Buyer shall have two (2) days following the auction to return all completed documents or shall be subject to paying a liquidated damages amount equal to the down payment. If you wish to have the purchase documents reviewed by an attorney, please contact Auctioneer PRIOR to the Auction and we will provide them to you for review so as to not delay the post auction process. You may also obtain a copy of our current contract on our website at www.williamsauction.com. The contract is not subject to negotiation.

If Buyer is a winning bidder and refuses or fails to complete the transaction for ANY reason (including, but not limited to, remitting the total purchase amount), Buyer shall relinquish ANY right to complete the transaction and shall have no rights or interest in the property, as well as forfeit all deposit monies as liquidated damages to Seller. PLEASE BE ADVISED: Various state statutes give Seller the right to pursue legal action against bidders who refuse to complete transactions. This may include (but is not limited to) suit to compel completion of the sale, and/or criminal charges of fraud or other intentional act.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. Williams & Williams represents the Sellers only and does not inspect properties on bidder's behalf. Buyers must conduct their own due diligence and investigation of each property and must also investigate the suitability of each parcel prior to making a bid and purchase at the auction. Buyers must rely solely upon their own investigation and not any information provided by the Seller or Auctioneer. Failure of a Buyer to be fully informed on the condition of a property will not constitute grounds for any claim adjustment or right to cancel sale.

Buyers receive a deed and Title Insurance Policy as provided by the Closer indicated in the Contract (any mobile/manufactured housing not legally affixed to the property shall only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted in the Disclosures). Current year's taxes are pro-rated through day of closing as is customary.

All the information contained on this property was obtained from official county maps or other sources deemed reliable, but is not guaranteed and may be in error. Seller DOES NOT WARRANT the accuracy thereof. Seller has made no independent investigation of any information provided, and assumes no responsibility for the providing of or absence of any information, whatsoever, or for the accuracy thereof.

NOTICE: Institutional and Fiduciary Sellers (courts, government agencies, banks and trustees) have not occupied the properties and have NO information to provide for disclosure. Properties are sold 'As Is - Where Is' and should be fully inspected prior to bidding on.

SELLER AND AUCTION COMPANY HAVE NO KNOWLEDGE OF THE SUBJECT PROPERTY OR ITS FIXTURES OR CONDITION AND ARE NOT RESPONSIBLE FOR SUCH.

YOU ARE ENTERING INTO A BINDING CONTRACT. THERE ARE NO REFUNDS OR BID CANCELLATIONS. THE REGISTERED BIDDER IS PERSONALLY RESPONSIBLE, LEGALLY AND FINANCIALLY FOR ALL AUCTION ITEMS BID UPON WHETHER REPRESENTING ONE'S SELF OR ACTING AS AN AGENT. AN ONLINE BID ACCEPTED AT PUBLIC AUCTION IS A LEGAL AND BINDING CONTRACT TO PURCHASE. ANY BIDDER WHO FAILS TO CONSUMATE A PURCHASE WILL BE BANNED FROM BIDDING AT ALL FUTURE SELLER AUCTION EVENTS AND MAY BE PURSUED FOR CIVIL AND/OR CRIMINAL VIOLATIONS.

Disclosures:
All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale.

Deed Restriction Disclosure. Property will be deed restricted against use as a Nursing Home.

Property Type:
N/A
Square Footage:
N/A
Lot Size:
9.83+/- ac
Year Built:
N/A
Property ID:
352567

Property is being offered by: Williams & Williams7140 S. Lewis Ave Ste 200, Tulsa, OK 74136800.801.8003

MO Broker: Daniel S. Nelson Re Lic 2018017537
Auctioneer: Monte W Lowderman Auc Lic 19834 PLATTE

Live On Location
Live On Location
316 South Osteopathy Avenue
Kirksville, MO 63501
Opening Bid:
$0
Current Bid:
$0  
Next Minimum Bid:
$0
Your Maximum Bid:
$0
Auctions Nov 2 at 6:00pm EDT / 5:00pm CDT