LAND AUCTION

BID BY PHONE LAND AUCTION

389 +/- Acres in Clark County, KS

Native Grass | Pasture 

(Selling Surface and Water Rights Only)

Selling in One Individual Tract

Bidding Pool Closes

Thursday, October 22, 2026 - 10:00 AM

TO PARTICIPATE IN THE AUCTION, YOU MUST REGISTER AND PLACE A BID IN THE BIDDING POOL PRIOR TO THURSDAY, OCTOBER 22, 2026 – 10:00 AM

If you are not registered and have not submitted an initial bid by the bidding pool deadline you will not be able to participate in the auction.

Auctioneer’s Note: The Lela M. Borth Trust will offer for sale by bid by phone auction an exceptional 389± acres of prime, expired CRP pasture grass with irrigation water rights! Don’t miss your opportunity to own a truly exceptional piece of Southern Clark County land!

AUCTION ACRES: 389± acres of native grass and pasture

LEGAL DESCRIPTION: 389± acres including 308±acres in the South Half (S/2) of Section Thirty-One (31) and 81± acres in the West Half (W/2) of the Southwest Quarter (SW/4) of Section Thirty-Two (32), all in Township Thirty-four (34) South, Range Twenty-four (24) West, Clark County, Kansas (the “Property”).

PROPERTY DESCRIPTION: This 389± acres of prime, expired CRP pasture grass in Southern Clark County, Kansas, features the rare opportunity to acquire an existing water right in good standing. This is the type of quality grassland that operators spend a lifetime building or searching for to add to their operation. The Seller has cared for and maintained the property, keeping noxious weeds at bay and preserving the quality of the grass. Recognized as some of the premier grass in Southern Clark County, the Property is also known for its abundant wildlife and excellent habitat. The existing water right, large whitetail deer population, and thick timber along the west side of the Property create exceptional potential for the hunting enthusiast while adding significant recreational appeal to this outstanding tract.

DIRECTIONS FROM ENGLEWOOD, KS: From the intersection of KS Hwy 283 and Angle Road (Clark County Rd. DD) go approximately 1.5 miles East on Angle Road to Clark County Rd. 9, then 1/2-mile South. This will put you on the Northeast corner of Section 31 of the subject property (driveway to old homesite/metal storage shed). Signs will be posted.

USDA FSA PROGRAM INFORMATION: The CRP contract expired in September 2022. Wheat base is 341.14 acres with PLC yield of 30 bushels per acre. Seller is retaining all ARC or PLC payments for the 2025 Program Year. Seller is also retaining any/all ECP payments which may be due for repair or replacement for fence damage from the February 2026 Ranger Road prairie fire (defined by FSA as one of the fires in the Rawlins Co TP Fire), unless otherwise mutually agreed upon by Seller and Buyer. All other government payments for Program Year 2026 and thereafter will transfer to Buyer. Acreage figures are considered to be approximate and from reliable sources, but potential Buyers are responsible for doing their own due diligence.

MINERALS/WATER RIGHTS: No minerals are being conveyed. Sale is for surface and water rights only. Certificate of Appropriation for Beneficial Use of Water, file number 17092, dated March 12, 1970 for irrigation well shows diversion rate not in excess of 475 gallons per minute in a quantity not to exceed 63 acre-feet per calendar year.

FENCES: Barbed wire fencing totals about 1 ¾ miles on the North, East, and South sides of the property in Section 32 and on the South side of the property located in Section 31. The West end of the property in Section 31 was surveyed in 2024 to mark boundary corners. Seller is coordinating with adjacent property owners to accomplish repair and/or replacement of fences burned in February 2026.

METAL STORAGE SHED: The Property includes a 48’ x 25’ x 8’ metal storage shed featuring a full concrete floor. 

SOILS:  Click here to review the soils map and soils unit descriptions. 

TAXES: The 2025 real estate taxes totaled $563.29. The 2026 real estate taxes will be prorated to the date of closing.

POSSESSION: The buyer will receive possession on or before November 23, 2026. The Buyer agrees to provide the Seller up to 60 days from closing to remove items remaining in the metal storage shed.

MANNER OF SALE: This real estate will be offered in 1 individual tract only. No acres will be divided.

SALE METHOD: The real estate will be offered for sale by private phone auction. Interested Buyers must register and place a bid in the bidding pool prior to Thursday, October 22, 2026 – 10:00 am in order to participate in the auction and will not be able to participate in the auction in the absence of such timely registration and the placing of an initial bid. All bids must be submitted to Mike Burkhart by telephone at 620-430-2000. After the bidding pool deadline, all active bidders will be informed of the high bid and allowed to advance their bids. The auctioneer will contact each bidder in the bidding pool for advancement of bids starting on Thursday, October 22, 2026 – 10:00 am. Bids will be accepted until no further advances are made. All bidding parties will remain confidential until bidding is closed. Bidding increments will be at the sole discretion of the auction company. Announcements made to registered bidders in the bidding pool prior to the start of bidding take precedence over any printed advertising. The Property is being offered “subject to seller confirmation”.

TERMS: The successful bidder must immediately execute a real estate purchase agreement and deposit with Meade County Title Services in Meade, KS (the “Title Company”) a nonrefundable earnest money deposit in the form of cash, check, ACH or immediately available, certified funds in an amount equal to $25,000.00 within 48 hours of the close of the auction. The balance of the purchase price will be due in immediately available, certified funds at closing on the specified closing date. Closing must occur on or before November 23, 2026. The Property is not offered contingent upon financing or appraisal. It is the Buyer’s sole responsibility to satisfy any appraiser or lender requirements. The standard premium for the title policy to be issued by the Title Company to Buyer; the closing fees and expenses of the Title Company will be split 50/50 by the Buyer and Seller.

EVIDENCE OF TITLE: Prior to closing, Seller will furnish to the Buyer a title insurance company’s commitment to issue, after closing, a title insurance policy in an amount equal to the purchase price naming Buyer as the insured and insuring the Buyer against loss or damage by reason of defects in Seller’s title, subject to the exceptions described in the contract and those exceptions that are standard to American Land Title Association’s Form B (collectively, the “Permitted Exceptions”).

CONVEYANCE: Seller will convey title to the Property to the Buyer, at closing, via Special Warranty Trustee’s Deed free of all encumbrances, except: the Permitted Exceptions; easements, restrictions, declarations, and reservations of record, if any; taxes and assessments, general and special, not now due and payable; the rights of the public in and to parts thereof in streets, roads, and alleys; and zoning or other land use rules, regulations, ordinances, or laws.

PROPERTY DISCLOSURE STATEMENT: Residence at the farmyard ended in 1990 with the house and three outbuildings removed, with a metal storage shed, a storm shelter, a partial pipe fence, and concrete floors/foundations remaining. A concrete septic tank was filled. An old domestic use water well in the farmyard and suspected domestic use water wells located near the East side of the property in Section 32 and adjacent to the remains of a livestock dipping vat near the North side of the property in Section 31 are believed to be self-filled. A domestic use well in the farmyard well house was plugged and buried in 2004 due to need for repair and long-term CRP contract. A domestic use water well located near the West side of the property in Section 31 has not been used for many years with functionality of this well not guaranteed. The irrigation well described under MINERAL/WATER RIGHTS is located in the NW/4 of SE/4 of the SE/4 of Section 31. An August 1982 Field Inspection Report from Division of Water Resources shows this well drilled in March 1967 to a depth of 80 feet, with static water levels reported as 10’ when drilled and 10.2’ on August 30, 1982. Unofficial measurements of static water levels showed about 14’ on November 16, 2024 and about 12.5’ on April 16, 2026. The irrigation well has not been pumped for many years with functionality of this well not guaranteed. Trash and garbage was burned in the farmyard and in the remains of the livestock dipping vat. At the request of the Seller, KDHE (Kansas Department of Health and Environment) personnel in April 2023 visited the livestock dipping vat area and an area in the farmyard where used motor oil had been dumped. No ESA (environmental site assessment) was recommended at that time and no ESA’s have been conducted by any party.

PROPERTY OFFERED “AS IS”: The Property is offered at private auction in its present, “as is, where is” condition with all faults and is accepted by Buyers without any expressed or implied warranties or representations from the Seller or Seller’s agents or brokers, including, but not limited to, the following: condition of the Property; the Property’s suitability for any or all activities or uses; the Property’s compliance with any laws, rules, ordinances, regulations, or codes of any applicable government authority; the Property’s compliance with environmental protection, pollution, or land use laws, rules regulations, orders, or requirements; the disposal, existence in, on, or under the Property of any hazardous materials or substances; the transferability of any warranties relating to materials, craftsmanship, or installation of any improvements or components of the Property; and any other matter concerning the Property. It is a potential Buyer’s responsibility to have any and all desired inspections completed prior to bidding. Any potential Buyer bidding on the Property acknowledges that they have had an opportunity to inspect the Property prior to bidding and that the potential Buyer has either performed all desired inspections or accepts the risk of not having done so. Potential Buyers acknowledge that they have timely reviewed the Property information available on www.soldbyburkhart.com or assume the risk of not having done so. In bidding on the Property, potential Buyers are relying solely on their own investigation of the Property and not on any information provided or to be provided by Seller or Seller’s agents or brokers.

Announcements made the day of the sale take precedence over any printed advertising.

SELLER: Lela M. Borth Trust