REAL ESTATE:  The real estate consists of 114.30 Acres m/l located in Sullivan County on County Road 200E (Miner City Road). The property has a large lake, several building sites, and farm land.

Tract One: Consists of 12.06 Acres m/l and is primarily the northern part of the lake.  It has access on County Road 200 E (Miner City Road).  This tract has water front building sites with good fishing and hunting.  This tract will give a temporary easement (good to one year from March 19, 2009) to Tract 4 for ingress-egress.  This tract will receive a free survey if Tract 1 & 2 are sold together.

Tract Two: Consists of 12.06 Acres m/l and is primarily the southern part of the lake.  It has access on County Road 200 E (Miner City Road).  This tract will receive a perpetual easement from Tract 3 for ingress-egress.  This tract has water front building sites, septic tank, electric, and good fishing and hunting.  This tract will receive a free survey if Tract 1 & 2 are sold together.

Tract Three: Consists of 43.35 Acres m/l and has access to County Road 200 E (Miner City Road).  This tract is on the south side of the lake and is mostly farmland.  Buyer will have the right to farm in 2009.  This tract will give an easement for ingress-egress to Tract 2.

Tract Four: Consists of 46.83 Acres m/l and will have access to County Road 200 E (Miner City Road) by way of a temporary easement received from Tract1for ingress-egress.  This easement is good to one year from March 19, 2009. Prior to the end of one year the new owner would need to put in their own culvert giving Track Four access to County Road 200 E.  Buyer will have the right to farm in 2009.

PARCEL NUMBERS:  To be determined.

LEGAL: To be determined.

REAL ESTATE TAXES:  The Real Estate Taxes will be pro-rated at closing.

TERMS OF REAL ESTATE:  If "Sold as a Whole" the Successful Bidder will deposit down day of sale 5% of the contract purchase price (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 45 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. 

NOTE:  This property may be bought prior to auction by contacting Johnny Swalls with an offer and the Sellers will act upon the offer. The deadline for making this offer is Wednesday, March 18, 2009 at 12:00 Noon.

REAL ESTATE 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.

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

SURVEY:  The Buyer will pay for Survey if one is needed with the seller choosing the Surveyor.  Note:  No cost to Buyer if he or she buys Tracts 1 & 2 together as we have a survey to give to the Buyer.

POSSESSION:  Possession  at closing.

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

SALE LOCATION:  Best Western Inn, 3053 S. US Hwy 41, Terre Haute, Indiana, located just south of Interstate 70 on US Highway 41 on the West side of the Highway.

AUCTIONEER/BROKER’S PHONE: 812-495-6119, 812-696-5099

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

AUCTIONEER/BROKER:  Col. Johnny Swalls, CAI, AARE, GPPA, CAGA, CREA     IN  #AU01026257     IN Broker #PB20803178