Chouteau County, Montana Farm, Ranch & Recreational Sealed Bid Offering

 

TERMS & CONDITIONS 

Sealed Bids Due Tuesday, June 16 @ 4:00 PM (PT) 

1.     Notice. The information provided herein represents the extent of the information available from Seller. Bidder understands the Offering Memorandum contains selected information about the property and does not purport to contain all the data a prospective buyer may desire. Bidder agrees to conduct, at their own risk and expense, their own independent inspections, investigations, inquiries, and due diligence concerning the property to verify the accuracy and completeness of any information obtained from the Offering Memorandum. Bidder hereby acknowledges that neither the Seller nor any person acting on the Seller's behalf has made any representations or warranties, expressed or implied, as to the accuracy or completeness of this information or contents herein or the suitability of the information contained herein for any purpose. At any time, this information is subject to, among other things, corrections or errors and omissions, addition or deletion of terms, and/or change of terms. Each potential bidder shall be liable for any property damage and/or personal injuries (including death) caused by or arising from any such inspection or investigations by them or their agents or consultants. Seller reserves the right to accept or reject any bid or offer, terminate negotiations, withdraw the property from the market without notice, amend these Terms & Conditions, and negotiate with multiple prospective purchasers concurrently until a definitive, legally binding Real Estate Purchase and Sale Agreement ("PSA") is fully executed by Seller and Buyer. Seller also reserves the right to accept backup offers until the close of escrow. This information has been obtained from sources believed to be reliable. Seller and Agribusiness Trading Group, Inc. ("Broker") may supplement, revise, or add property information until bids are due. Potential Bidders should continue to monitor the Broker's website to ensure that the Bidder is aware of the most up-to-date information.
 
 

2.     Seller Intent. Seller intends to obtain the highest value for the property.
 
 

3.     Data Room. Broker has set up an electric data room ("Data Room") where Bidders may examine documents about the sale, including but not limited to existing leases, maps, pro forma title insurance commitments, and reports. Access to the Data Room will be made available to all Bidders upon execution of a Non-Disclosure Agreement to be provided by the Broker.
 
 

4.     Agency. Broker is acting exclusively as the agent for the Seller. The Buyer acknowledges they are either representing themselves or have their own representation to assist them in completing a sales transaction. 

 

5.     Broker Participation. A broker representing a Bidder ("Cooperating Broker") who qualifies under the Broker's broker incentive program requirements will be paid under the terms of the program at the Closing of the Property. A Cooperating Broker must complete the registration form with the Broker, as required for this incentive program, 48 hours before the Cooperating Broker's client's bid submission. A Cooperating Broker registration form with complete instructions will be made available upon request by the Cooperating Broker to the Broker. 
 

6.     Bid Submittal Process & Deadline. Sealed Bids, in written or electronic format, for the property will be due no later than 4:00 PM PT, on June 16, 2026, to the following: 
 
 

Adam Woiblet 
 AgriBusiness Trading Group 
 109 W Poplar Street 

Walla Walla, WA 99362 

509.520.6117 
 Adam@AgTradeGroup.com 
 

Sealed Bids for the Property should be submitted on the Sealed Bid Submittal Form found in the Data Room or available by contacting the Broker directly. Handwritten bids, if legible, may be acceptable at the Seller and Broker's sole discretion. Please complete each blank field provided in the Sealed Bid Submittal Form. Bids can be submitted via mail or email but must be received by the deadline to be considered. 

 

Upon the receipt of all submitted bids, the Seller may accept or reject any bid or offer, negotiate with one or more Bidders, or withdraw the property from the market without notice. Upon the Seller's acceptance of any bid or offer, the winning Bidder and Seller shall enter into a binding PSA. The Seller shall not be obligated or bound to sell the property until the Seller has entered into a fully executed, definitive PSA. All final offers accepted shall be subject to third-party approval. 
 

7.     Earnest Money. Unless otherwise agreed to between the Seller and Buyer, within five (5) business days of the Effective Date of the PSA, Buyer will deposit with Escrow and Closing Agent, Chouteau County Abstract Company, PO Box 578, Fort Benton, MT 59442, the required Earnest Money Deposit payable in the form of a guaranteed check or wire transfer.
 
 

8.     Closing Date. The fully executed PSA will govern the Closing date. 
 

9.     Closing Expenses & Prorations. Buyer and Seller shall share equally all escrow fees and other closing fees and costs. Seller shall pay real estate transfer taxes for the transfer of the Real Property and the premium for a standard owner's title insurance policy to be issued to Buyer in the amount of the Purchase Price allocated to the Real Property. The Buyer will pay any additional title insurance coverage or endorsements requested by the Buyer or its lender(s). Buyer shall pay all recording fees and all applicable use/sales tax on the Personal Property (if any). All real estate taxes accruing through the Closing Date will be prorated as of closing and paid in full by the Seller as a credit to the Buyer on the Settlement Statement. The buyer will be responsible for all real estate taxes after closing.
 
 

10.  Title to Property. Seller shall convey good, marketable, and insurable fee simple title to the Property to Buyer free and clear of all liens and encumbrances, subject to exceptions to be outlined in the PSA. A standard, basic owner's policy of title insurance in the amount equal to the purchase price of the property will be furnished at the Seller's cost. The Buyer shall pay any additional costs, fees, coverages, and endorsements on the title insurance policy. If the Buyer desires further survey information, the Buyer shall be responsible for the cost of such. Title to Real Property shall transfer pursuant to the terms provided in the PSA in a form reasonably acceptable to Seller. Title to Personal Property shall transfer by Bill of Sale subject to the restrictions and reservations provided in the PSA in a form reasonably acceptable to Seller. Seller will cause any water rights if any, appurtenant to the property and owned by the Seller to transfer with the sale of the property. 

 

11.  Leases. The property may be subject to a farm lease(s), and the Buyer will purchase the Property subject to any leases. The Buyer shall agree to assume each respective lease for the property and indemnify and hold the Seller, its officers, members, agents, and employees harmless from and against any claims, liabilities, fees, penalties, or costs resulting, directly or indirectly, from any breach of or default under the respective lease(s) as a result of Buyer's actions or any successor or assign of Buyer. Please contact the Broker for details. 

 

12.  Farm Program Information. The Farm Program Information is provided by the Chouteau County Farm Service Agency. The figures stated in the marketing material reflect the best knowledge of the Seller and its representatives; however, Farm Program Information such as base acres, cropland acres, etc. are subject to change if/when the property is reconstituted by the Chouteau County Farm Service Agency. 
 
 

13.  Possession. Possession of the Property will be given at closing, subject to tenant's rights, if any.
 
 

14.  Survey. The Seller will not complete a survey of the property before closing. If a potential Bidder or the successful Buyer desires to obtain a survey, it will be at the Bidder's and/or Buyer's sole expense.
 
 

15.  Current Use Status. If the Property is in a Current Use Status, the Buyer will continue the Current Use Status after Closing. If Buyer elects to discontinue the Current Use Status, Buyer will be responsible for any resulting taxes, penalties, and interest associated therewith. 

 

16.  Governing Law. The PSA to be executed by Seller and Buyer shall be governed by and constructed by the laws of the State where the property is situated.
 
 

17.  Disclaimer. By submitting a sealed bid, each Bidder acknowledges, represents, and warrants to Seller and Broker that the Bidder has assessed, or has had the opportunity to evaluate, the size, configuration, utility service, environmentally sensitive areas, means of access, permitted uses, status of title (including, but not limited to, all easements, rights of way, covenants, conditions and restrictions, reservation of rights, and other encumbrances and restrictions affecting the Real Property or any portion thereof), value, condition (including, but not limited to, the physical and environmental condition of the Real Property), water rights, irrigation and water systems, and all other material aspects of the Real Property and Personal Property, and the Bidder is not relying on, nor influenced by, any statement or representation or warranty of the Real Property and Personal Property. Seller hereby disclaims any warranties of habitability, merchantability, and fitness for a particular purpose, expressed or implied. Unless otherwise expressly agreed to in writing by the Seller, the winning Bidder is acquiring the Real Property and Personal Property "AS IS, WHERE IS, WITH ALL OF ITS FAULTS" in its current condition existing as of the Closing Date, without any representation, warranty, promise, covenant, agreement or guaranty of any kind or nature whatsoever by the Seller, whether expressed or implied, oral or written, past, present or future, of, as, to or concerning any aspect of the Real Property or Personal Property. 

Information provided in the Data Room and elsewhere to prospective Bidders is believed to be substantially accurate; however, Bidders shall perform their own investigation to verify all information independently. Each Bidder hereby unconditionally waives and releases Seller and Broker from and against any causes of action, now existing or hereafter arising, which the Bidder may have against Seller or Broker, or their agents, concerning the accuracy or completeness of the information provided. 

 

18.  Acknowledgement. By signing and submitting a bid, including via the Sealed Bid Submittal Form, the Bidder acknowledges and accepts the Terms and Conditions referenced herein. If the Bidder's offer is accepted, the Bidder agrees to enter into a PSA with the Seller upon notification of a successful bid. Seller reserves the right to negotiate any agreements submitted by a Bidder before acceptance. 
 
Thank you in advance for your consideration. If you have questions, please contact:
 
Adam Woiblet                                  

509.520.6117
Adam@AgTradeGroup.com