ABSOLUTE AUCTION SAT., JULY 24, 2010 BEGINNING 10:30 AM REAL ESTATE NOON The Former DAVE’S MARATHON PROPERTY West Water Street & Helena Road, FLEMINGSBURG, KY OWNER: Kathy Carpenter After nearly 24 years of business (Kathy and her late husband Dave purchased this property in Oct., 1986), due to a desire to slow down coupled with advancing age and declining health (Kathy is legally blind and has continued the operations of this business since the death of her husband Dave 5 years ago. The strain and stress has taken it’s toll and Kathy has decided it is TIME TO CLOSE AND SELL!), Kathy Carpenter has made this very difficult decision to sell this property, and has authorized me to sell the property at ABSOLUTE AUCTION! Kathy would like to take this opportunity to thank the many friends and customers who have supported her business over the years, and wants everyone to know that this decision was not an easy one. This property is located at the intersection of two streets offering good visibility, good traffic counts, ample parking areas, with a commercial building well suited to a variety of potential uses, including a floral, beauty/ barber, antique/consignment, or other shop uses; insurance agency, chiropractor, lawn/garden/landscaping, massage or other small office uses; continued use as an automotive repair facility; etc. PERSONAL PROPERTY (Partial Listing Only): Magnum Lift Bend-Pak PR9CX Two Post Electric Vehicle Floor Lift (9,000 lb. capacity); Canopy & Sign Pole will be offered separately from the real estate (purchaser will have 30 days from the date of auction to remove remove capopy and sign pole as well as floor lift at purchaser's expense. Purchaser shall be responsible for removal without damaging real estate and shall be responsible for maintaining liability over person/persons removing items from the premises); Coates 40-40SA Tire Changer; Coates 1001 Computerized Wheel Balancer; assorted steel and lead wheel balancing weights; Upright Air Compressor; FMC Mod. B-601 Brake Lathe; Rechargeable Grease Gun; Battery Charger; Air Powered Front/Rear Vehicle Lift; Oil Barrels w/ Funnels; (3) Oil Barrel Pumps; (3) 300 Gallon Fuel Tanks (2 have electric dispensing pumps); (2) air bombs; Extension Ladder; Tire Racks; Double Wheel Grinder; Wheelbarrow; Barrels for used oil; Barrel w/ Pump for Grease; (2) Floor Jacks; Hand Dolly; Gallon jugs hand cleaner; Electric Water Cooler; (2) Air Bombs; Air Hose & Reel; (2) Driveway Signal Announcers; Gun Items: Lee's Reloading Kit for 40 Caliber Pistol and a Gun Sighting Bench; Craftsman Rolling Tool Box; Lots of Good Quality Miscellaneous Hand-tools including Craftsman, Benchmark, BlackHawk, Ever-Craft, etc., sockets, breaker bars, socket wrenches, ratcheting wrenches, socket drivers, air tools, impact sockets, deep well sockets, specialty tools, etc.; Mechanics Creeper; Battery Tester; Power Steering Pulley Set; Disc Brake Caliper Set; Tank Measuring Stick; Large Step Ladder; Step Ladder; Log Chain; New & Used Tires; Various Oil, Grease & Automotive Fluids; Headlights; Fuses; Gas Caps; Tire Tools; Reddy Heater PRO165 Space Heater (kerosene); Shop Vac; 4 fans; L-shaped desk; desk light; (2) small filing cabinets; cash register and paper rolls; combination safe; (3) office chairs; (3) folding chairs; bookcase; microwave cabinet; double-door pop cooler; shelving; clocks & pictures (framed décor); microwave; can opener; coffee pot; Chilton manuals; shop tools & equipment; tool cabinets; Old Fuel Pumps; Antique Service Station Funnels & Oil Cans; Lot Sweeper; Lot Sweeper; Much Much More!! TERMS: Purchaser(s) of real estate to place a deposit equal to 10 percent of the total purchase price with contract immediately following sale, non-refundable, balance due in full with deed at closing on or before August 26, 2010. Terms of purchase are Cash to Seller: NO CONTINGENCIES OF ANY KIND PERMITTED. Purchaser(s) of the Canopy, Sign Pole, and Floor Lift will have 30 days from the date of auction to remove remove capopy and sign pole as well as floor lift at purchaser's expense. Purchaser shall be responsible for removal without damaging real estate and shall be responsible for maintaining liability over person/persons removing items from the premises. Property to transfer utilizing existing legal description; possession with deed at closing. Sellers to maintain insurance on property though date of closing (including liability; auctioneer is not responsible for accidents); however successful purchaser will have an insurable interest in the property as of date of sale and is encouraged to obtain insurance immediately upon sale. Year 2010 real estate taxes to be divided equally between the buyer and seller based upon the Year 2009 Assessment and rate (NOT PRORATED, divided equally). NOTE: The subject property has been operated for many years as a fuel station/automotive mechanical repair facility/convenience store, with underground fuel storage tanks in place/use. At the present time, the Underground Fuel Storage Tanks are in the process of being removed/have been removed from the premises, and soil samples have been taken to determine whether/to what extent soils are contaminated, with the removal of the underground tanks and the subsequent cleanup of the site being performed in accordance with 401 KAR 42:330 and the Small Owners Tank Removal Account (SOTRA). In all aspects, prospective purchasers are advised to examine the property thoroughly prior to auction as all property shall be sold and purchased “AS IS” WITHOUT WARRANTY WHATSOEVER -- INCLUDING WITH REGARD TO FITNESS OR MERCHANTABILITY/ MARKETABILITY FOR ANY DESIRED/ IMPLIED/ SPECIFIC USE -- EITHER EXPRESSED OR IMPLIED. Purchased subject to zoning, easements, highway right of way, local ordinances, restrictions, and any facts that might be disclosed by an accurate survey or other testing. Agent/auctioneer not responsible for accidents. IMPROVEMENTS WERE CONSTRUCTED PRIOR TO 1978: Thus Lead-Based Paint could potentially be in evidence. Prospective purchasers concerned about possible existence of lead-based paint are encouraged to have premises inspected prior to auction, as purchaser will be required to waive any rights to any inspections or contingencies as a condition of purchase. Likewise, purchasers must have performed any and all due diligence inspections of the property prior to purchase, at purchaser’s sole expense --- including but not limited to: Whole House Inspection, Wood-Boring Insect Inspection, Radon Gas Inspection, Phase I/II/III environmental hazard reports/audit/survey/testing, property surveys, etc. --- as purchaser will not be permitted any contingencies for any type of testing after the auction. Contact agent/auctioneer prior to the auction to arrange testing. Announcements made date of sale take precedence over printed matter. Payment of down payment for real estate is required to be paid to agent/auctioneer immediately following sale, to be made to agent/auctioneer at SALE SITE, NO EXCEPTIONS. NOTE: Any returned checks shall be subject to a $50 returned check fee (plus expenses of collection), a 10 percent penalty, shall be subject to interest and other expenses to the limit the law permits, and checks will be turned over for prosecution. The AGENT/ AUCTIONEER, as well as staff or employees of agent/auctioneer, reserves the right to bid on any property sold, however subject to the same terms and conditions as that of any other bidder. NO BUYER’S PREMIUM will be charged on either the peersonal property or the real estate! AUCTION CONDUCTED BY CRAIG A. STANFIELD REAL ESTATE & AUCTION SERVICES 2126 W. KY 10, TOLLESBORO, KY 41189 PHONE: (606) 798-2009; MOBILE (606) 301-3350 ERIC DOWNS, APPRENTICE AUCTIONEER, 606-564-5085 CRAIG A. STANFIELD REAL ESTATE BROKER & AUCTIONEER 2003 KY State Champion Auctioneer We Sell It ALL, BETTER, and CHARGE YOU LESS TOO! EQUAL OPPORTUNITY REAL ESTATE BROKER & AUCTIONEER FAIR HOUSING: IT'S THE LAW!!!