REAL ESTATE:  The real estate consists of 542.94 Acres m/l, located in Park County on County Roads 525W, N. Tow Path Road, and 10 O'clock Road. The property also has a 2-Story Home with a 2-Car Detached Garage, as well as numerous barns and bins.  The   property will sell in Tracts, any combination, or as a whole.

Tract One: 40 Acres m/l includes the Homestead with a 3,016 Sq. Foot, 5 Bedroom, 2 Bath, 2-Story Home w/ Aluminum Exterior, Newer (2008) Dimensional Shingle Roof, Central Air, Gas Forced Air Heat, 2-Car Detached Garage w/ Concrete Floor & 2 garage door openers, pasture, woods, 60’x 40’ Pole Building, 24’x 16’ Barn, & 52’x 52’ Barn.  The Home & Garage

have new concrete approaches.

Tract Two:  72 Acres m/l (72) tillable high ground field west of the Homestead.

Tract Three: 8 Acres m/l includes a 10,000 bu. Grain Bin w/ Dryer & Stirrator, a 7,000 bu. Grain Bin, two 6,500 bu. Grain Bins w/ Dryers & Stirrators, 38’x 36’ Pole Shed, 52’x 54’ Barn, 72’x 22’ Utility Shed and a building site. LP Tank and fuel in the tank stays with the grain bins.

Tract Four: 188.34 Acres m/l of which 158.44 is WRP ground (No permanent structures allowed) the rest is woods.

Tract Five: 22 Acres m/l w/ 16.71 Acres tillable bottom ground, including a tree line north of the creek.

Tract Six: 22 Acres m/l is (21.37) tillable high ground on the west side of N. Tow Path Rd.

Tract Seven: 103.50 Acres m/l (73 tillable) consists of bottom ground on the west side of Tow Path Road (behind or west of Tract 6).

Tract Eight: 62.30 Acres m/l with 46.52 tillable on 10 O’clock Road.

Tract Nine: 24.80 Acres m/l includes an airstrip, open front building and 6.43 Acres tillable ground.

REAL ESTATE TAXES:  The real estate taxes will be pro-rated at closing.

TERMS OF SALE:  If “Sold as a Whole”, the Successful Bidder will deposit down  5% of the contract purchase price on day of sale (except for exempt entities) in the form of cash, cashier’s check or approved personal check or company check with bank letter of guarantee (no bank drafts).  The deposit will be 10% if “ Sold in Tracts.” The Buyer will sign a non-contingent real estate contract with the balance due in 30 days or upon delivery of marketable title and deed.  The Real Estate will be sold “AS-IS” with no warranty, expressed or implied, but will be free and clear of any liens or encumbrances.  An ALTA 2006 Title Insurance Commitment in the amount of the contract price will be supplied to the Buyer by the Seller, and Seller shall pay for title search, premium for owner’s policy and cost to correct any title defects.  If obtaining a loan, the Buyer shall pay the mortgage policy.  The Buyer will pay for the recording of his/her necessary documents.  The Auction will conclude when the Auctioneer determines that all buyers have made their best and final offers.  Anyone desiring to bid must be approved prior to sale by Johnny Swalls.  Any statements made by the Auctioneer day of sale or during the sale take precedence over any oral or written heretofore.

CROP:  Buyers will receive their share per tillable acre (of $12,500.00 fall 2009 cash rent) at closing.

BUYER’S PREMIUM:  The Buyer will pay a 6% Buyer’s Premium which will be added to the bid price to arrive at the contract price.  The Buyer is only required to pay 10% down, of the contract price, day of sale.  (See Terms of Sale above.)

SURVEY:  The Buyer will pay for the( Survey, if one is needed, with the Sellers choosing the Surveyor.

POSSESSION:  Possession at closing on the improvements.  Possession of the farmland after 2009 crops are harvested.

MINERAL RIGHTS: All coal, fire clay, gas, and underlying minerals owned by Sellers will be transferred to Buyer.

AGENCY: Johnny Swalls Auction, Inc. and its Representatives are Exclusive Agents of the Seller.

ATTORNEY FOR THE TRUSTS: Arnold H. Brames, Terre Haute, Indiana

FOR PRIVATE SHOWING CALL:  812-495-6119 or 812-696-5099

SALE LOCATION:  Best Western Inn, Terre Haute IN.

AUCTIONEER’S PHONE: 812-495-6119 or 1-877-696-5099

FAX:  812-696-5090  E-MAIL:  auctions@jswalls.com

AUTIONEERS:  Col. Johnny Swalls, CAI, AARE, GPPA, CAGA, CREA   IN #AU01026257   James R. Swalls IN # AU09200044 

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