Hardin Houston Land and Real Estate Auction

TERMS AND CONDITIONS OF SALE

Online Real Estate Auction • Two Parcels • Turtle Creek Township, Shelby County, Ohio

These Terms and Conditions of Sale (the “Terms”) govern the online-only auction of the real property described below. By registering to bid and by placing a bid, each bidder (“Purchaser”) acknowledges having read, understood, and agreed to be bound by these Terms. Announcements made at or through the auction platform take precedence over any prior printed or oral statements.

 1. THE PROPERTY — TWO PARCELS

The real property is located in Turtle Creek Township, Shelby County, Ohio, within the Hardin-Houston Local School District, and is offered in two (2) separate parcels (each a “Parcel,” and together the “Property”):

Parcel 1 — Farmland. Shelby County Parcel No. 48-1818300.006, Patterson-Halpin Road, Sidney, Ohio 45365, containing approximately 24.833 acres by the Shelby County tax map, being the balance of the West Half of the Southwest Quarter of Section 18, Town 8 North, Range 6 East (Auditor legal reference R06 T08 S18 W 1/2 SW QR EX), as recorded in Official Record Volume 2319, Page 5428. The Auditor’s land schedule carries approximately 24.351 acres of cropland, 0.177 acre of woodland, and 0.305 acre of road right-of-way. Parcel 1 has frontage on Patterson-Halpin Road. Parcel 1 is unimproved.

Parcel 2 — House, Outbuildings and Woods. Shelby County Parcel No. 48-1818300.015, 9237 Cisco Road, Sidney, Ohio 45365, containing 14.417 acres, of which 0.298 acre lies within the right-of-way of Cisco Road (14.119 acres net), as shown on the Darlene Hall Survey prepared by Christopher S. Harmon, P.S. #7988, Lock-Two Surveying, LLP, recorded in Small Plat Book 34, Page 303, Shelby County Recorder’s Office (Auditor legal reference R06 T08 S18 W 1/2 SW QR EX, Darlene Hall Survey, Plat V34 P303). Parcel 2 has approximately 637.84 feet of frontage along the centerline of Cisco Road. The Auditor’s land schedule carries a 1.000-acre home site, approximately 12.680 acres of woodland, 0.439 acre of wasteland, and 0.298 acre of road right-of-way.

Parcel 2 is improved with a one-story conventional frame dwelling built in 1947 containing approximately 1,254 square feet of above-grade living area, with five (5) rooms, including three (3) bedrooms and one (1) full bath, over a full unfinished basement of approximately 1,254 square feet, as reported by the Shelby County Auditor. The dwelling has central heating and central air conditioning, an attached frame garage of approximately 560 square feet, three enclosed frame porches, and two open frame porches, and is served by a private well and private septic system. Parcel 2 is further improved with a pole barn of approximately 864 square feet, a flat barn of approximately 960 square feet, sheds of approximately 360, 160, and 120 square feet, a canopy of approximately 240 square feet, a patio, and a gazebo of approximately 100 square feet.

The Property is vacant.

All acreage, measurements, room counts, and improvement descriptions are taken from Shelby County Auditor records and the recorded survey, are approximate, and are not guaranteed. Bidders must verify all information to their own satisfaction before bidding.

 2. SALE IN TWO PARCELS — BUY ONE OR BOTH

Each Parcel is offered and sold separately. A bidder may bid on either Parcel or on both. Each Parcel has its own high bid, its own buyer’s premium, its own owner confirmation, its own earnest money deposit, its own Memorandum of Purchase Contract, and its own closing. The Parcels will not be combined or re-offered as a whole.

A bid on one Parcel is not conditioned upon the outcome of bidding on the other. A Purchaser who is the successful high bidder on one Parcel is obligated to complete that purchase whether or not the Purchaser is also the successful high bidder on the other Parcel, and whether or not the Seller confirms the sale of the other Parcel.

 3. ONLINE-ONLY AUCTION FORMAT

The Property is offered exclusively through an online auction conducted on Auctioneer’s platforms (bids.vondenhuevelauctioneers.com / vasbid.com). Bidding opens Monday, November 23, 2026 at 9:00 A.M. (ET) and closes Tuesday, November 24, 2026 at 2:00 P.M. (ET), subject to the extended-bidding feature described in Section 19. There is no live, in-person bidding. Registration, bidding, and all notices are handled through the platform.

 4. BUYER'S PREMIUM AND FINAL CONTRACT PRICE

A buyer’s premium equal to ten percent (10%) of the final high bid on each Parcel will be added to the high bid to determine the total purchase price of that Parcel (the “Final Contract Price”). Example: a high bid of $300,000 plus a 10% buyer’s premium of $30,000 results in a Final Contract Price of $330,000. The Final Contract Price is the amount the Purchaser is obligated to pay for that Parcel.

 5. METHOD OF SALE — SELLS WITH OWNER CONFIRMATION

Each Parcel sells with owner confirmation. This is not an absolute auction. The high bid on each Parcel at the close of the auction constitutes an offer that becomes a binding contract only upon the owner’s acceptance of that bid. The owner may accept or reject the high bid on either Parcel in the owner’s sole discretion, and may accept the high bid on one Parcel while rejecting the high bid on the other.

Opening Bid. Bidding on each Parcel opens at $250,000.00. The opening bid is a starting point only. It is not a reserve, not an appraisal or estimate of value, and not a representation that either Parcel will sell at or near that amount. Each Parcel sells with owner confirmation as stated above.

Confirmation Period. Every high bid is presented to the owner for consideration promptly following the close of the auction, and the high bidder will be notified of the owner’s decision within two (2) hours of the close as provided in Section 8. Bidders are encouraged to bid the full amount they are willing to pay. No bidder acquires any right by reason of having placed the high bid unless and until the owner accepts it.

 6. BIDDER REGISTRATION AND ELIGIBILITY

All bidders must register on the auction platform and provide accurate contact and, where required, financial information prior to bidding. Registration and the placement of any bid constitute the bidder’s agreement to these Terms. Bids are not retractable. Bidders are responsible for their own bids, including bids placed in error. Auctioneer reserves the right to refuse or revoke registration and to reject any bid in its sole discretion.

 7. EARNEST MONEY DEPOSIT

Within twenty-four (24) hours of the close of the auction, the successful Purchaser of each Parcel shall deposit earnest money of Ten Thousand and 00/100 Dollars ($10,000.00) per Parcel with Lawyers Title Agency, Sidney, Ohio, to be held in its escrow account. A Purchaser of both Parcels shall deposit $10,000.00 for each Parcel, for a total of $20,000.00. The earnest money is not applied against the Final Contract Price; the Purchaser shall bring the full Final Contract Price to closing. The earnest money is returned to the Purchaser at successful closing. Except as provided in Section 9 (uncured defect in title), the earnest money is non-refundable, and if the Purchaser fails to close it is subject to forfeiture as provided in Section 18.

 8. PURCHASE CONTRACT

Upon being declared the successful high bidder on a Parcel and upon Seller confirmation, the Purchaser shall execute the Memorandum of Purchase Contract for that Parcel in the form posted on the auction platform, without modification. A separate Memorandum is executed for each Parcel purchased. The Purchaser’s failure or refusal to execute a Memorandum does not relieve the Purchaser of the obligation to complete the purchase, and Auctioneer may execute the Memorandum on the Purchaser’s behalf as the Purchaser’s agent for that limited purpose.

Notification of Seller’s Decision. Auctioneer will notify the high bidder on each Parcel of the Seller’s acceptance or rejection of the high bid within two (2) hours of the close of the auction, using the email address or telephone number provided by the bidder at registration. Bidders are responsible for providing accurate contact information and for monitoring it following the close of the auction.

Electronic Signature — DocuSign. The Memorandum of Purchase Contract and all related transaction documents will be transmitted for signature electronically through DocuSign. By registering and by placing a bid, each bidder consents to the use of electronic records and electronic signatures and agrees that a document executed electronically through DocuSign has the same legal force and effect as an original ink signature. Purchaser shall execute and return the Memorandum within twenty-four (24) hours of receipt.

 9. CLOSING AND CONVEYANCE

Closing on each Parcel shall occur on or before December 31, 2026, at Lawyers Title Agency, Sidney, Ohio, which will serve as the escrow and closing agent unless the Purchaser’s lender requires a different closing agent. Seller shall convey marketable title by fiduciary deed, free and clear of liens, subject only to easements, restrictions, and conditions of record, to legal highways, to zoning and other laws and ordinances, to real estate taxes and assessments not yet due and payable, and to matters that would be disclosed by an accurate survey or inspection. Time is of the essence as to the closing date.

Financing Is Welcome. Purchaser may pay cash, obtain a mortgage or other loan, or use any combination of funds Purchaser chooses. Neither Seller nor Auctioneer has any preference as to how the Purchaser funds the purchase. The only requirement is that the full Final Contract Price be delivered in cash or certified funds at closing on or before the date stated above. Financed buyers are encouraged to bid, and are strongly encouraged to have their loan approved and their lender committed to this closing date before placing a bid.

No Contingencies. Because the closing date is fixed, the sale is not contingent upon financing, appraisal, inspection, survey, or any other condition. A Purchaser’s inability to obtain financing, or a lender’s failure to fund on or before the closing date, does not excuse performance, extend the closing date, or entitle the Purchaser to a return of the earnest money.

Uncured Defect in Title. If a defect in title is disclosed, Seller shall have sixty (60) days from written notice of the defect within which to remedy it, and the closing date shall be extended as necessary for that purpose. If the defect is not cured within that sixty (60) day period, Purchaser may elect either to (a) proceed to closing and accept title in its then-existing condition without reduction in the Final Contract Price, or (b) cancel the purchase by written notice to Seller and Auctioneer, in which case the earnest money shall be returned to the Purchaser in full, this contract shall terminate, and neither party shall have further liability to the other. Return of the earnest money is the Purchaser’s sole and exclusive remedy for an uncured defect in title.

Delay in Closing. If closing does not occur on or before December 31, 2026 for any reason attributable to the Purchaser or the Purchaser’s lender, the Purchaser shall pay to the Seller a late-closing charge of Five Hundred and 00/100 Dollars ($500.00) per day for each calendar day beyond the scheduled closing date until closing is completed. The parties agree this amount is a reasonable estimate of the Seller’s damages from a delayed closing and is not a penalty. The charge accrues automatically, is in addition to the Final Contract Price, and is payable at closing. Seller’s acceptance of any such charge shall not waive Seller’s right to declare the Purchaser in default under Section 18, and no delay caused by the Purchaser or the Purchaser’s lender shall be deemed an extension of the closing date.

 10. SURVEY

Parcel 2 was surveyed in September 2026, and the survey is recorded in Small Plat Book 34, Page 303. A copy is posted on the auction platform. Parcel 2 will be conveyed by the recorded survey description.

Parcel 1 is the remaining balance of the original parcel and will be conveyed by the existing description of record, excepting Parcel 2. No new survey of Parcel 1 will be provided. The Shelby County tax map office has advised that a new survey will not be required for this conveyance, but will be required for the next transfer of Parcel 1 after this sale. Any such future survey is the responsibility and expense of the Purchaser of Parcel 1 or its successors. The acreage of Parcel 1 is stated from the Shelby County tax map and is approximate.

Flood Hazard Note. The recorded survey of Parcel 2 bears the following notation of the Shelby County Engineer: “Please note flood hazard — will require floodplain permit from the Engineer’s Office before development.” Bidders must make their own determination of the flood zone status of each Parcel and of any permit required for future construction or development before bidding.

 11. CLOSING COSTS, PRORATIONS AND CAUV

Purchaser shall pay all closing costs, including but not limited to the Ohio real property conveyance/transfer fee, recording fees, closing/escrow fees, and the premium for the owner’s title insurance policy. Seller shall be responsible only for preparation of the deed, for any expense necessary to deliver marketable title, and for the CAUV recoupment described below. Real estate taxes and assessments shall be prorated to the date of closing based on the most recent available tax figures, and thereafter assumed and paid by the Purchaser.

Current Agricultural Use Value (CAUV). Both Parcels are presently enrolled in the CAUV program. Any CAUV recoupment charged by reason of the division of the original parcel or the removal of either Parcel from the CAUV program on or before closing shall be paid by Seller at closing. After closing, the Purchaser is responsible for timely filing any application required to continue a Parcel in the CAUV program, and for any recoupment or change in taxes arising from the Purchaser’s own use of the Parcel or failure to qualify. Future taxes on either Parcel may differ materially from current taxes.

Homestead and Owner-Occupancy Credits. The current real estate taxes for Parcel 2 reflect a Homestead exemption and an owner-occupancy credit. Neither will carry over to the Purchaser. Bidders should verify all tax figures with the Shelby County Auditor before bidding.

 12. POSSESSION

The Property is vacant. The crops have been harvested from Parcel 1, and there is no farm lease or tenancy of any kind on either Parcel. Possession of each Parcel shall be delivered to its Purchaser at closing and funding, free of tenancies.

 13. PROPERTY CONDITION — SOLD "AS-IS, WHERE-IS"

The Property is sold AS-IS, WHERE-IS, and WITH ALL FAULTS, without any warranty or representation of any kind, express or implied, including without limitation any warranty of condition, habitability, merchantability, or fitness for a particular purpose. Purchaser acknowledges the opportunity to inspect the Property and to investigate all matters of concern prior to bidding, including without limitation the well, septic system, flood status, soils, drainage, and timber, and is relying solely on Purchaser’s own inspection and judgment. Inspections are at the bidder’s expense and must be completed before bidding; there is no inspection contingency. Any property information provided by Auctioneer or Seller is believed accurate but is not guaranteed; bidders must verify all information to their own satisfaction before bidding.

Open Houses and Showings. Open houses will be held on Saturday, November 14, 2026 from 11:00 A.M. to 1:00 P.M. (ET) and Wednesday, November 18, 2026 from 4:30 P.M. to 5:30 P.M. (ET), or by appointment. To schedule a private showing, contact Justin Vondenhuevel at 937-538-6231, or Auctioneer at 937-492-1078.

 14. LEAD-BASED PAINT — PARCEL 2

The dwelling on Parcel 2 was built in 1947, before 1978, and is target housing under federal law. Housing built before 1978 may contain lead-based paint, which can pose health hazards, particularly to young children and pregnant women.

Seller has executed the federally required Disclosure of Information and Acknowledgment — Lead-Based Paint and/or Lead-Based Paint Hazards, in which Seller states that Seller has no knowledge of lead-based paint or lead-based paint hazards in the housing and has no reports or records pertaining to lead-based paint or lead-based paint hazards in the housing. That executed disclosure and the pamphlet “Protect Your Family From Lead In Your Home” are posted on the auction platform, and every bidder on Parcel 2 must review both before bidding.

Each bidder on Parcel 2 acknowledges having been given the opportunity to conduct a risk assessment or inspection for lead-based paint and lead-based paint hazards prior to bidding, and by bidding waives that opportunity. The disclosure will be executed by the Purchaser of Parcel 2 together with the Memorandum of Purchase Contract.

 15. RESIDENTIAL PROPERTY DISCLOSURE FORM — EXEMPT TRANSFER

Seller has executed the Ohio REALTORS® Residential Property Disclosure Exemption Form certifying that this transfer is exempt from the Ohio Residential Property Disclosure Form requirement under Ohio Revised Code § 5302.30 as a transfer by a fiduciary in the administration of a decedent’s estate. No Residential Property Disclosure Form will be provided to bidders or to the Purchaser of either Parcel. The executed exemption form is posted on the auction platform. Bidders are encouraged to inspect the Property carefully and to have it professionally inspected before bidding.

 16. INCLUDED PROPERTY AND REMAINING PERSONAL PROPERTY

Included with Parcel 2. The 10’ x 16’ shed and the 10’ x 10’ gazebo located on Parcel 2, which the Shelby County Auditor carries as personal property, are included in the sale of Parcel 2 at no additional cost and with no adjustment to the Final Contract Price, and shall remain on Parcel 2 and be conveyed to its Purchaser at closing in their present condition, without warranty of any kind as to condition or fitness.

Remaining Personal Property. Any other personal property remaining on or in either Parcel at the time of closing shall become the property of the Purchaser of that Parcel, at no additional cost and with no adjustment to the Final Contract Price. Seller and Auctioneer shall have no obligation to remove such items and no liability with respect to them, and Purchaser assumes responsibility for their disposition.

 17. AGENCY DISCLOSURE AND BROKER PARTICIPATION

Vondenhuevel Auctioneers LLC, by Justin Vondenhuevel, CAI, Auctioneer and Realtor® (Ohio Auctioneer License #57199671009; Ohio Real Estate License #432565), and Gay Smith and Associates Realty represent the Seller only in this transaction and owe fiduciary duties to the Seller alone. Neither the Auctioneer nor the Seller’s brokerage represents any bidder or purchaser. Bidders may retain their own representation.

Broker Participation. A cooperating fee of two percent (2%) of the high bid (the winning bid amount only, excluding the buyer’s premium) on each Parcel will be paid at closing to the registered agent’s brokerage when a properly registered buyer is the successful high bidder on that Parcel and closes. The cooperating fee is not an additional charge to the Purchaser or Seller. To qualify, the agent must register the buyer on the Broker Participation & Buyer Registration form before the registers and must otherwise comply with that form, including the requirement that the agent attend all open houses and inspections with the buyer. Registration must be received no later than 5:00 P.M. (ET) on Friday, November 20, 2026 

 18. DEFAULT

If the Purchaser fails to deposit the earnest money, execute the Memorandum of Purchase Contract, or close as required on any Parcel, the Purchaser shall be in default as to that Parcel.

A defaulting Purchaser forfeits the earnest money — and that is not the end of the Purchaser’s liability. In addition to forfeiting the earnest money, the defaulting Purchaser shall be personally liable for:

The forfeited earnest money is not a limit on the Purchaser’s liability. Seller may instead elect to enforce the contract by specific performance. Seller and Auctioneer may pursue any and all remedies available at law or in equity, and pursuit of one remedy shall not waive any other.

 19. BIDDING TECHNOLOGY AND EXTENDED BIDDING — EXTEND ONE, EXTEND ALL

Both Parcels close together under an “extend one, extend all” feature. If a bid is placed on either Parcel within the final three (3) minutes of the scheduled closing time, the closing time of both Parcels is extended so that three (3) minutes remain. Bidding on both Parcels closes only when three (3) minutes have passed without a bid on either Parcel. This allows every bidder to respond on one Parcel to activity on the other.

Neither Auctioneer nor the platform provider is responsible for any failure of internet service, hardware, software, or power, or for any bid that is not received or recorded for any reason. Bidders bid at their own risk and are encouraged to bid early and to allow time for extensions.

 20. ANNOUNCEMENTS AND LIMITATION OF LIABILITY

Announcements made at or through the auction platform take precedence over any prior printed or oral statements. Auctioneer reserves the right to add to, delete from, postpone, cancel, or otherwise modify the auction or these Terms at any time prior to the close of the auction by posted announcement. The liability of Auctioneer and Seller, if any, is limited to the return of the earnest money.

 21. GOVERNING LAW

These Terms and the sale are governed by the laws of the State of Ohio and are subject to all applicable federal, state, and local laws. Any action arising out of the auction or the sale shall be brought in the Common Pleas Court of Shelby County, Ohio. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

Seller: Jeffrey A. Hall, Executor of the Estate of Darlene Hall, Deceased.

 OHIO AUCTION RECOVERY FUND

All auctioneers are licensed by the State of Ohio Department of Agriculture and participate in the Auction Recovery Fund, Ohio Department of Agriculture, 8995 East Main Street, Building 1, Reynoldsburg, Ohio 43068.