TERMS:

Terms and Conditions: By virtue of Judgment and Order of Sale entered in the Hart Circuit Court in the case listed below, the following property located in Hart County, Kentucky  2948 North Toohey Ridge Road, Cave City, KY 42127 PVA# 028-00-00-013.00 shall be sold at the location of the property on Saturday, August 17 @ 10:00 AM CST and being more particularly described in the pleadings and judgment entered July 16, 2019 along with any subsequent orders in civil action styled Hart Circuit Court, Civil Action Number 19-CI-00118, Franklin Bank & Trust Company vs. Serenity Vineyards, LLC and Ronald G Coomes. The property will be sold using the Multi-Par bidding process with the right to combine any or all tracts or combinations.

At the time of sale the successful bidder shall either pay on full cash or make a deposit of 10% of the purchase price. If, as the successful bidder, you only pay 10% down, you must have a Kentucky Bank to act as unconditional surety on the remaining 90% of the purchase price, plus interest pursuant to the terms of the judgement, which must be paid within 30 days of the sale date. (The necessary surety form can be obtained at the master Commissioner’s office). The Surety MUST BE APPROVED by the Master Commissioner’s office no later than 12:00 Noon on the Friday immediately preceding the sale date to secure the unpaid balance of the purchase price. A Loan Officer from the pre-approved Kentucky Bank must sign the surety bond at the sale. In the event the successful bidder is the Plaintiff, then in Lieu of the deposit, that Plaintiff shall be allowed to bid on credit up to the judgment amount. NO FAX OR EMAIL BIDS WILL BE ACCEPTED.

The buyer will be responsible for taxes for the year of the sale. The property shall be sold in up to 12 parcels free and clear of all parties named in the above-styled action, but subject to the following: any lien not included in the suit, recorded easements, rights of ways, any facts which an inspection or accurate survey might reveal, and the planning and zoning regulations of Hart County, Kentucky. The Master Commissioner does not obtain title inspections or investigate for further liens on the property. The purchaser is responsible for title inspections and/or any additional liens not named in the judgment and Order of Sale. It is recommended that a title search be performed prior to the sale.

The purchaser may take possession of the property pursuant to the terms of the judgement. If the judgment does not make provisions, the buyer may seek possession of the property through the court system after payment of the full purchase price. The Master Commissioner does not have the ability to grant access or possession of the property.

The Plaintiff, the Court, the Commissioner and the Auctioneers shall not be deemed to have warranted title to any purchaser. Said property is sold subject to the judgement and Order of Sale in this case which shall be reviewed carefully prior to purchase. Bidders shall be prepared to promptly comply with the above terms. For updates and information, please refer to the Master Commissioner information located at www.justinbairdlaw.com or call 270.524.2004 or visit UCHeartlandAuctions.com or call 270.783.3000. All property is selling “As Is”, all announcements made day of sale take precedence.

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