AUCTION TERMS SUMMARY
📋 KEY BIDDING REQUIREMENTS — READ BEFORE BIDDING
🔹 BUYER'S PREMIUM: 6% added to winning bid, paid at closing in addition to the $400,000 down payment — the premium is not financed
🔹 REQUIRED DEPOSIT: $25,000 due within 24 hours of seller confirmation if high bidder
🔹 SELLER FINANCING: This sale is structured as a seller-financed Contract for Deed — $400,000 down at closing, balance at 6% fixed, 15-year amortization
🔹 PREPAYMENT: Early payoff during years 1–10 includes 10% of the remaining balance as seller protection; no penalty after year 10
🔹 CLOSING DEADLINE: On or before August 28, 2026
🔹 PROPERTY CONDITION: Sold "AS-IS" — all sales final, no contingencies
🔹 BIDDING FORMAT: Online auction, soft close with 5-minute extensions; telephone bidding available by calling (406) 259-4730
⚠️ CRITICAL: This is a binding contract. The complete Contract for Deed instrument is included in the bidder package and controls all financing terms. Review it before you bid. If you win and fail to perform, you forfeit your $25,000 deposit plus additional remedies.
Broker Participation Welcome: A 1.5% co-op commission is paid on the bid price (buyer's premium excluded). Brokers must register their buyer in writing with the Auctioneers before the buyer's first bid — no exceptions. To register, call Cash Seal, National Auction USA, at (406) 259-4730 or email [email protected].
Full Terms Listed Below ⬇️
REAL ESTATE AUCTION TERMS & CONDITIONS
1. PROPERTY INFORMATION
1.1 Property Address: 3510 10TH AVE S, GREAT FALLS, MT 59405
1.2 Legal Description: CHARLES RUSSELL ADDITION, S17, T20 N, R04 E, BLOCK 004, LOT 003
1.3 Owner: Owner of record, Cascade County, Montana
1.4 Prior Sale Disclaimer: Seller reserves the right to accept pre-auction offers. All pre-auction offers must be submitted in writing to National Auction USA and will be presented to the Seller.
2. BIDDER REGISTRATION AND QUALIFICATION
2.1 Registration Requirements: All bidders must complete registration with the auction company prior to participating, including:
2.1.1 Online agreement to these Terms and Conditions at registration
2.1.2 Proof of financial capability as outlined in Section 2.2
2.1.3 Valid identification verification
2.1.4 Minimum age requirement of eighteen (18) years
2.1.5 Time is of the essence for all registration requirements
2.2 Proof of Financial Capability: Prior to bidding, all bidders must demonstrate the ability to deliver the $25,000 deposit by providing proof of available funds, a bank statement, or a financial institution letter confirming sufficient funds. The $25,000 deposit is required only from the high bidder and is due within 24 hours of seller confirmation.
2.3 Bidder Verification:
2.3.1 All bidding rights are provisional until complete identity verification
2.3.2 Incomplete verification results in registration rejection and terminated bidding activity
2.3.3 Auctioneer reserves the right to revoke bidding privileges at any time
2.3.4 Bidders are responsible for all activity conducted under their account
2.3.5 Fraudulent or suspicious activity results in immediate disqualification and possible legal action
2.4 Broker Participation:
2.4.1 A 1.5% co-op commission is paid on the bid price; the buyer's premium is excluded from the calculation
2.4.2 Brokers must register their buyer in writing with the Auctioneers before the buyer's first bid — no exceptions. Time is of the essence.
2.4.3 To register a buyer, call Cash Seal, National Auction USA, at (406) 259-4730 or email [email protected]
2.5 Due Diligence Requirements: Bidders are strongly encouraged to:
2.5.1 Physically inspect the property prior to bidding — open previews Friday, July 10, Friday, July 17, and Friday, July 24, 2026, 5:00 to 7:00 PM
2.5.2 Obtain independent appraisal and/or inspection if desired
2.5.3 Review the complete Contract for Deed instrument in the bidder package before bidding
2.5.4 Review all property documents and disclosures
2.5.5 Understand that all sales are final with no contingencies
3. AUCTION PROCEDURES
3.1 Auction Format: This is an online-only auction. Telephone bidding may be arranged by calling (406) 259-4730.
3.2 Seller Confirmation:
3.2.1 This auction is conducted with seller confirmation
3.2.2 The Seller will review the final winning bid and has reserved the right to accept or decline it within twenty-four (24) hours of auction close. Upon confirmation, the high bid plus the 6% buyer's premium equals the contract price.
3.3 Opening Bid: $875,000
3.4 Bidding Process:
3.4.1 Bidding opens Wednesday, July 22, 2026 and closes Wednesday, July 29, 2026 at 7:00 PM MDT with an auto-extend feature
3.4.2 If a bid is placed in the final five (5) minutes, bidding extends another five (5) minutes from when that bid was placed
3.4.3 Process continues until five (5) minutes pass without a new bid
3.4.4 Auctioneer reserves the right to adjust the auto-extension time period and to adjust bid increments at any time
3.4.5 Email notifications will be sent to bidders when outbid until bidding begins to close
3.5 Auctioneer Discretion:
3.5.1 Auctioneer reserves the right to pause, extend, postpone, or restart bidding at any time
3.5.2 Such actions may be taken for technical difficulties, bidding disputes, verification issues, failure to meet seller confirmation, or to ensure fair bidding opportunities
3.5.3 All auctioneer decisions are final and at the sole discretion of the auctioneer
3.6 Purchase Price Calculation and Buyer's Premium:
3.6.1 The winning bid plus a six percent (6%) buyer's premium equals the total the buyer pays for the property
3.6.2 The bid price alone is the basis for all Contract for Deed financing terms
3.6.3 The $25,000 deposit may be paid by check or wire to the escrow agent, Flying S Title, and will be credited toward the down payment at closing
3.6.4 The buyer's premium of 6% is due in full at closing in addition to the $400,000 down payment and is not financed under the Contract for Deed
3.7 Bidding Rules:
3.7.1 All bids are final with no withdrawals permitted for any reason
3.7.2 Auctioneer determines the winning bidder in any dispute
3.7.3 Auctioneer's records are conclusive for all sale details
3.7.4 Auctioneer may reject insufficient bid increases
3.7.5 Auctioneer reserves the right to refuse participation or remove disruptive bidders
3.7.6 The auctioneer reserves the right to place bids on behalf of the Seller at any time prior to seller confirmation
4. SELLER FINANCING — CONTRACT FOR DEED
4.1 Structure: This property is offered with seller financing as the structure of the sale. The purchase is completed by Contract for Deed on the following fixed terms:
4.1.1 Down Payment: $400,000, fixed regardless of final bid price, due at closing
4.1.2 Balance: Seller-financed Contract for Deed on the remaining balance of the bid price
4.1.3 Interest Rate: 6% fixed for the life of the note
4.1.4 Amortization: 15 years
4.1.5 Prepayment: The Contract for Deed may be satisfied early at any time. Payoff during years 1–10 includes ten percent (10%) of the remaining balance as seller protection. After year 10, the note may be paid off at any time with no penalty.
4.1.6 Title: Held in escrow with Flying S Title; the deed is released to the Buyer upon satisfaction of the Contract for Deed
4.1.7 Cash due at closing: the $400,000 down payment, plus the 6% buyer's premium, plus the Buyer's closing costs. The financed balance under the Contract for Deed is the bid price minus the $400,000 down payment.
4.2 Controlling Instrument: The complete Contract for Deed instrument, including prepayment terms, default and forfeiture provisions under Montana law, and escrow and deed-release mechanics, is included in the bidder package and controls over any summary in these terms or in marketing materials. Bidders must review it before bidding.
5. PURCHASE REQUIREMENTS
5.1 Immediate Requirements (Within 24 Hours of Seller Confirmation):
5.1.1 Execute the Auction Purchase Agreement without modification
5.1.2 Submit the $25,000 deposit specified in Section 3.6.3
5.1.3 Time is of the essence for all requirements in this section
5.1.4 Failure to complete these requirements within twenty-four (24) hours does not release the high bidder from the binding obligation created by the winning bid; the Auctioneers additionally reserve the right, subject to Seller confirmation, to offer the property to the next-highest qualified bidder at that bidder's high bid
5.2 Closing Requirements:
5.2.1 Closing must occur on or before August 28, 2026
5.2.2 Time is of the essence for all closing deadlines
5.2.3 Closing and escrow conducted by Flying S Title
5.2.4 The $400,000 down payment, the 6% buyer's premium in addition to it, and the Buyer's closing costs are due in collected funds at closing; the $25,000 deposit is credited toward the down payment
5.3 No Contingencies: Purchase is not contingent upon:
5.3.1 Obtaining outside financing
5.3.2 Property appraisal results
5.3.3 Property inspections
5.3.4 Any other conditions whatsoever
6. PROPERTY CONDITION AND DISCLOSURES
6.1 As-Is Sale:
6.1.1 Property sold "AS-IS, WHERE-IS" with all faults
6.1.2 No warranties regarding condition, description, or suitability
6.1.3 Neither seller nor auctioneer is responsible for the property condition
6.1.4 Purchaser accepts the property exactly as it exists on closing day
6.2 Property Boundaries and Measurements:
6.2.1 Boundary depictions in marketing imagery are approximate and for illustration purposes only
6.2.2 All acreage and square footage are approximate estimates
6.2.3 No new survey provided — existing legal description used; buyers must rely on the title commitment and legal description
6.3 Environmental and Regulatory Disclosures:
6.3.1 To the Seller's knowledge, there are no environmental conditions, releases, contamination, or underground storage tanks affecting the property
6.3.2 The property is nonetheless sold subject to any environmental or regulatory conditions of record or discoverable by inspection, including flood zone designations and wetland regulations
6.3.3 Property sold subject to mineral rights, water rights, riparian or littoral rights
6.3.4 Property sold subject to government agency regulations and building codes
6.3.5 Property sold subject to all easements, restrictions, zoning laws, rights-of-way, and matters of public record
6.4 Title and Conveyance:
6.4.1 Seller provides a current title commitment
6.4.2 Conveyance is by Contract for Deed as described in Section 4; the deed is held in escrow with Flying S Title and released to the Buyer upon satisfaction of the Contract for Deed
6.4.3 Real estate taxes prorated between Seller and Buyer as of the closing date
6.4.4 The escrow and closing fee charged for handling the closing and holding the deed is split equally between Seller and Buyer; recording fees are paid by the Buyer
6.4.5 Possession granted at closing. The parcel is subject to an existing month-to-month lease.
6.5 Information Accuracy:
6.5.1 All promotional information is believed to be accurate but not guaranteed
6.5.2 Information derived from sources deemed reliable, but accuracy not warranted
6.5.3 Auction announcements take precedence over all advertising
6.5.4 Seller has no liability for representations except as stated in the sale agreement
6.5.5 No obligation to update information after publication
7. LEGAL AND FINANCIAL OBLIGATIONS
7.1 Default Consequences: If the purchaser fails to close for any reason:
7.1.1 Time is of the essence for all obligations under this agreement
7.1.2 Forfeiture of the $25,000 deposit as provided in the Auction Purchase Agreement
7.1.3 Liability for costs of subsequent auction
7.1.4 Responsibility for attorney fees and collection costs
7.1.5 Outstanding balances accrue 1.5% interest per month
7.1.6 Seller may pursue additional legal remedies, including suit for specific performance
7.1.7 Legal proceedings governed by the laws of the State of Montana; venue in Yellowstone County, Montana
7.2 Liquidated Damages:
7.2.1 Damages cover auction costs, seller expenses, labor, and related costs
7.2.2 Provision does not limit seller's right to pursue additional remedies
7.2.3 Seller has no obligation to accept backup bids if the high bidder defaults
7.3 Liability and Risk:
7.3.1 Bidders preview and bid at their own risk
7.3.2 Auction company and representatives not liable for injuries or damages
7.3.3 Bidders agree to hold the auction company harmless from all claims
7.4 Privacy Policy:
7.4.1 Personal information protected and not shared without permission
7.4.2 Email notifications regarding future auctions (opt-out available)
8. GENERAL PROVISIONS
8.1 Agency Disclosure:
8.1.1 This is a for-sale-by-owner (FSBO) property offered at public auction. National Auction USA of Billings, Montana, and Jim Eli of Great Falls, Montana, acting jointly as the auctioneers of record, represent the property owner exclusively in the capacity of auctioneers and do not act as the Seller's listing real estate broker
8.1.2 The Auctioneers do not provide buyer representation or buyer agency services
8.1.3 All bidders and prospective buyers are advised to seek independent representation if desired
8.2 Auctioneer Rights:
8.2.1 Auctioneer, agents, brokers, and staff may bid and purchase at auction
8.2.2 Right to amend terms, cancel auction, or remove bidders/property at any time
8.2.3 Changes posted online and effective immediately
8.3 Technical Issues:
8.3.1 Auction company may extend, continue, pause, reopen, postpone, or close bidding for technical problems
8.3.2 No liability for missed bids, technical failures, or connectivity issues
8.3.3 Email updates provided to registered bidders as necessary
8.4 Pre-Auction Rights:
8.4.1 Seller reserves the right to accept offers before auction; all pre-auction offers must be submitted in writing to National Auction USA and will be presented to the Seller, and any accepted pre-auction offer is subject to the full compensation provisions of the auction, including the buyer's premium
8.4.2 Auction may be cancelled or postponed at discretion
8.4.3 Property preview conducted at participant's own risk
8.5 Force Majeure: National Auction USA shall not be liable for any failure or delay in performance under these terms which is due to fire, casualty, flood, earthquake, other acts of God, strikes, labor disputes, wars, government requirements, court orders, or other circumstances beyond National Auction USA's reasonable control. In such events, National Auction USA reserves the right to cancel, postpone, or modify the auction as necessary.
8.6 Contact Information: Jim Eli, Lead Auctioneer — (406) 899-6039 · National Auction USA — (406) 259-4730
Binding Agreement: By registering for this auction and agreeing to these terms online, bidders acknowledge having read, understood, and agreed to be bound by all terms and conditions herein, including the Contract for Deed instrument in the bidder package. Placing a bid constitutes a legally binding agreement to purchase the property under these stated terms if successful.
COPYRIGHT NOTICE
© 2026 National Auction USA. All rights reserved. These terms and conditions, auction materials, property descriptions, photographs, and all other content related to this auction are the exclusive property of National Auction USA and are protected by copyright law. No part of these materials may be reproduced, distributed, transmitted, or used in any form without the express written permission of National Auction USA.
