property information packet - mccurdy auction s 247t… · · 2015-05-18property information...

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Property Information Packet

651 S. 247th Rd. Goddard, KS

Copyright 2009 McCurdy Auction, LLC 519 N. Oliver • Wichita, Kansas 67208

Phone 316.683.0612 • Fax 316.683.8822

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Table of Contents

PROPERTY DETAIL PAGE

ZONING CODE DEFINITION OF RURAL RESIDENTIAL DISTRICT

ZONING MAP

FLOOD ZONE MAP

AERIAL

BUILDING FLOORPLAN

SEDGWICK COUNTY ROOF AND PARKING LOT ASSESMENTS

WATER AND SEWER INSPECTION REPORT

SEDGWICK COUNTY REAL PROPERTY APPRAISAL / TAX INFORMATION

COUNTY ESTIMATED TAXES

GODDARD SCHOOL DISTRICT, USD 265 SCHOOLS

AVERAGE UTILITIES

COMMERCIAL REAL ESTATE SALE CONTRACT

FIRST AMERICAN TITLE INSURANCE COMMITMENT

GUIDE TO AUCTION COST

This Property is selling in its present condition and is accepted by the buyer(s) without any expressed or implied warranties or representations from the seller(s) or his(her) agent(s). It is incumbent upon the buyer(s) to exercise his(her) own due diligence prior to bidding on this property. It is the responsibility of the prospective purchaser(s) to have any and all inspections completed prior to the auction day including, but not limited to, roof, structure, termite, environmental, groundwater, flood designation, presence of lead-based paint and/or lead-based paint hazards, presence of mold, electrical, mechanical, plumbing and any other desired inspections, if any. Information given is from sources deemed reliable but NOT guaranteed by the seller(s) or the Realtor(s)® /Auctioneer(s). Announcements made the day of the auction shall take precedence over anything previously stated or printed. There will be a 10% Buyers Premium added to the high bid price to arrive at the final contract price.

Click photo to enlarge or view multi-photos.

MLS#: 317897 m VT: N Sale/Rent? SStatus: Active Building Size (SQFT): 5,001 - 10,000Type: OTHER Gross Bldg Sqft: 6,116Address: 651 S 247TH ST W Land Sqft: 43,991

GODDARD, KS 67052 Net Rentable Sqft: County: Sedgwick Max Continguous Sqft: 6,116Area: 625 Vacant Sqft: 6,116Asking Price:$0 (Auction) Original Price: $0Class: Commercial/Ind/Bus # of Stories: 1Sale/Lease: For Sale Year Built: 1965Auction?: Y Acreage: 1.01

General InfoInternet Display: Y Address Display: YComment Display: Y Valuation Display: YZoning: See Remarks Present Use of Bldg.: FIRE HOUSEBuilding on Leased Land: Investment Package Avail: N

Legal: Beg SE Cor NE 1/4 W 248.71' N 208.71' W 248.71' S 208.71' to Beg Exc E 40' for Rd SEC 27-27-3W

Directions: Highway 54 (400) and 247th Road West, North to Property.

FeaturesLoading Dock: None Rail: NoneOverhead Doors: 3 Parking: Parking Area, Parking LotRoad Frontage: City Arterial Location: FreestandingConstruction: All Brick Sidewall Height: NoneRoof: Flat Roof Floors: Concrete SlabUtilities Avail: Septic Tank, Water Well Electrical: Single PhaseHeating: Forced Air Cooling: Central AirProposed Financing: Cash Terms of Lease: No LeasesOwnership: Corporate Possession: At ClosingTenant Paid: NoneOwner Paid: NoneDocuments on File: Aerial Photos, Appraisal, Documents Online, Photographs, Other/See RemarksFlood Insurance: UnknownMisc. Features: Fencing, Fire Escape, Fire Alarm, Security Lights, Smoke Heat Detector

Taxes & FinancingAssumable: N General Taxes: $0.00 General Tax Year: 2010Special Balance: $0.00 Special Taxes: $5.46 Special Tax Year: 2010Gross Income: Val Impr.: $328,150 Earnest Money: MCCURDY AUCTION LLC TRUST

Auction Info

Auction?: YType of Auction Sale:

AbsoluteMethod of Auction:

Live OnlyAuction Offering:

Real Estate Only

Auction Location: ONSITEAuction Date: 03/24/2011

Auction Start Time: 12PM

1-Open for Preview?: Y1-Open/Preview Date:

03/24/20111-Open Start Time:

11AM1-Open End Time:

12PM

2-Open for Preview?: 2-Open/Preview Date:

2-Open Start Time:

2-Open End Time:

3-Open for Preview?: 3-Open/Preview Date:

3-Open Start Time:

3-Open End Time:

Broker Registration Req.?: YBroker Registartion Deadline:

5PM PRIOR BUSINESS DAY

Buyer Premium?:

YPremium Amount:

10%

Earnest Money?: YEarnest amount %/$:

10000

Terms of Sale: Personal Property:

Comments

Public Remarks: ONSITE REAL ESTATE AUCTION ON 3/24/2011 AT 12PM. THIS PROPERTY WILL BE SELLING ABSOLUTE, REGARDLESS OF PRICE. NO MINIMUM, NO RESERVE. This is an approximate 6,116 SF Multi-Purpose building previously used as Sedgwick County Fire Station No. 35 & Sedgwick County EMS up until February 2011. The property has paved frontage on 247th, parking lot, privacy fenced grilling patio, 5 overhead doors, chain-link fence, flagpole, and backup generator. The original full brick building was constructed in 1965 and included two drive-through bays, kitchen, his/her restrooms, lockers, sleeping quarters and multi-purpose rooms. The North expansion took place in 1992 and features a garage bay with central heating and air conditioning,

Page 1 of 2Commercial Customer Full Report

3/10/2011http://mls.sckmls.com/ListitWichita/ListitLib/report_builder.aspx?report=public_full_aucti...

--Information deemed reliable but not guaranteed--Copyright: 2011 by the South Central Kansas MLS, Inc.

Prepared by Kelsey Kimberlin of McCurdy Auction, LLC on 3/10/2011 9:32:37 AM

small office, kitchen, restrooms and multi-purpose rooms. This property is zoned Rural Residential. It has a Kohler 35kW diesel generator, model 30RE0ZJB, installed in 2006. It has an automatic transfer switch and remote annunciator. The electrical is single phase. The propane tank is leased. Well water and alternative septic system. This property is selling in its present condition and is accepted by the buyer(s) without any expressed or implied warranties or representations from the seller(s) or his(her) agent(s). It is incumbent upon the buyer(s) to exercise his(her) own due diligence prior to bidding on this property. It is the responsibility of the prospective purchaser(s) to have any and all inspections completed prior to the auction day including, but not limited to, roof, structure, termite, environmental, groundwater, flood designation, presence of lead-based paint and/or lead-based paint hazards, presence of mold, electrical, mechanical, plumbing and any other desired inspections, if any. Information given is from sources deemed reliable but NOT guaranteed by the seller(s) or the Realtor(s) / Auctioneer(s). Announcements made the day of the auction shall take precedence over anything previously stated or printed. There will be a 10% Buyers Premium added to the high bid price to arrive at the final contract price. This property will be open for previewing one hour prior to the real estate auction or by scheduled appointment. The earnest money amount due at the auction from the high bidder is $10,000.00.

Page 2 of 2Commercial Customer Full Report

3/10/2011http://mls.sckmls.com/ListitWichita/ListitLib/report_builder.aspx?report=public_full_aucti...

Art. III, Zoning District Standards Sec. III-B, BASE DISTRICT REGULATIONS

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Wichita-Sedgwick County Unified Zoning Code W SC

All references to old District names or old map codes in the Code of the City of Wichita or the Sedgwick County Code, or in any order, agreement, permit, license, covenant, or any other action entered or permitted by the City or County or by any person in reliance upon the City/County zoning designations shall, upon March 25, 1996, be deemed to be reference to the corresponding new District name or map code.

8. SF-6 to SF-5 Conversion. SF-6 District and map code designations established

according to ordinances and resolutions prior to May 18, 2001 are converted to SF-5. Prior references to SF-6 in the Wichita-Sedgwick County Unified Zoning Code, or in any order, agreement, permit, license, covenant, or any other action entered or permitted by the City or County or by any person in reliance upon the City/County zoning designation shall, upon May 18, 2001, be deemed to be reference to SF-5.

9. Continuance of Conditional Use and Use Exception provisions. All

provisions of Conditional Uses and Use Exceptions approved under zoning codes in effect prior to March 25, 1996, shall be continued in full force and effect unless the subject uses are permitted Uses under this new Code.

10. Classification of unlisted Uses. For Uses not specifically listed in this Code or

not obviously included in one of the comprehensive use definitions, the Zoning Administrator shall have the authority to determine the appropriate District or Districts that allow the Use based on the Use's similarity to Uses that are listed.

B. BASE DISTRICT REGULATIONS

1. (This District reserved)

2. RR Rural Residential District (“RR”)

a. Purpose. The purpose of the RR Rural Residential District is to accommodate very large-lot, Single-Family residential development in areas where a full range of municipal facilities and services are not available and not likely to be available in the near future. The RR District is generally compatible with the "Rural Areas" designation of the Wichita-Sedgwick County Comprehensive Plan. The RR District is intended for application in unincorporated Sedgwick County.

b. Permitted Uses. The following Uses shall be permitted by-right in the RR

District.

(1) Residential Uses Single-Family Manufactured Home (only in the County and subject to Sec. III-D.6.l) Group Home

(2) Public and Civic Uses

Day Care, Limited, subject to Sec. III-D.6.i


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W SC Wichita-Sedgwick County Unified Zoning Code

Golf Course Parks and Recreation Recycling Collection Station, Private, subject to Sec. III-D.6.q Utility, Minor

(3) Commercial Uses

Kennel, Hobby, subject to Sec. III-D.6.k Wireless Communication Facility, subject to Sec. III-D.6.g

(4) Industrial, Manufacturing and Extractive Uses

Asphalt or Concrete Plant, Limited, subject to Sec. III-D.6.d

(5) Agricultural Uses Agriculture, subject to Sec. III-D.6.b

c. Conditional Uses. The following Uses shall be permitted in the RR District if

reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1) Residential Uses

Accessory Apartment, subject to Sec. III-D.6.a Group Residence, Limited and General


Cemetery Church or Place of Worship Community Assembly Correctional Facility, subject to Sec. III-D.6.h Correctional Placement Residence, Limited and General, subject to Sec.

III-D.6.h Day Care, General, subject to Sec. III-D.6.i Government Service Neighborhood Swimming Pool, subject to Sec. III-D.6.aa Safety Service School, Elementary, Middle and High Utility, Major

(3) Commercial Uses

Airport or Airstrip Animal Care, Limited and General Bed and Breakfast Inn Kennel, Boarding/Breeding/Training, subject to Sec. III-D.6.k Parking Area, Ancillary, subject to Sec. III-D.6.p Recreation and Entertainment, Indoor and Outdoor, subject to Sec. III-

D.6.o Recreational Vehicle Campground Riding Academy or Stable

(4) Industrial, Manufacturing and Extractive uses

Asphalt or Concrete Plant, General


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Wichita-Sedgwick County Unified Zoning Code W SC

Landfill Mining or Quarrying Oil and Gas Drilling Rock Crushing Solid Waste Incinerator, subject to Sec. III-D.6.v Transfer Station Vehicle Storage Yard, subject to Sec. III-D.h.mm

(5) Agricultural Uses Agricultural Research Agricultural Sales and Service Grain Storage

d. Property development standards. Each Site in the RR District shall be

subject to the following minimum property development standards. Setbacks and Building Heights are for Principal Structures. See Sec. III-D.7.e for Setbacks and Building Heights for Accessory Structures. See also Secs. III-E.2.e(2) and III-E.2.e(3) for Setbacks on unplatted tracts or major roadways. Compatibility standards in Secs. IV-C.4 and IV-C.5 may take precedence.

(1) Minimum Lot Area: two acres; however, larger minimum Lot Area may

be required per subdivision requirements for Uses served by sewage lagoons, subject to the special district regulations of Sec. III-B.2.e

(2) Minimum Lot Width: 200 feet

(3) Minimum Front Setback: 30 feet

(4) Minimum Rear Setback: 25 feet

(5) Minimum Interior Side Setback: 20 feet

(6) Minimum Street Side Setback: 20 feet

(7) Maximum Height: 35 feet; 45 feet if located at least 25 feet from all Lot

Lines; no maximum height limit for barns, silos and other similar farm buildings; heights for Conditional Uses to be determined as part of the Conditional Use approval

e. Special RR District regulations. The following special regulations shall

apply to property in the RR District.

(1) Lot Area requirements for Uses served by sewage lagoons. The minimum Lot size for uses served by sewage lagoons shall be 4.5 acres, except that Lot Area for residential Lots may be reduced to a minimum of two acres if approved by the Director of Sedgwick County Code Enforcement, and if the Lot is included in a platted and recorded addition in which Lots are clustered in an arrangement with one or more open space reserves, and the overall density of the addition, including all Lots


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W SC Wichita-Sedgwick County Unified Zoning Code

and Rights-of-Way and Open Space, does not exceed one Lot per five acres.

3. SF-20 Single-Family Residential District (“SF-20”)

a. Purpose. The purpose of the SF-20 Single-Family Residential District is to

accommodate large Lot, Single-Family residential development and complementary land uses. The SF-20 District is generally compatible with the "Wichita 2030 Urban Growth Area” or “Small City 2030 Urban Growth Area" designations of the Wichita-Sedgwick County Comprehensive Plan. It is intended for application in unincorporated Sedgwick County, particularly in areas where some public services are available and where soils are capable of accommodating septic tanks.

b. Permitted Uses. The following Uses shall be permitted by-right in the SF-20

District.

(1) Residential Uses Single-Family Manufactured Home (only in the County and subject to Sec. III-D.6.1) Group Home


Church or Place of Worship Day Care, Limited, subject to Sec. III-D.6.i Golf Course Parks and Recreation Recycling Collection Station, Private, subject to Sec. III-D.6.q School, Elementary, Middle and High Utility, Minor

(3) Commercial Uses.

Wireless Communication Facility, subject to Sec. III-D.6.g

(4) Industrial, Manufacturing and Extractive Uses Asphalt or Concrete Plant, Limited, subject to Sec. III-D.6.d

(5) Agricultural Uses

Agriculture, subject to Sec. III-D.6.b

c. Conditional Uses. The following Uses shall be permitted in the SF-20 District if reviewed and approved by the Planning Commission in accordance with the procedures and standards of Sec. V-D.

(1) Residential Uses

Accessory Apartment, subject to Sec. III-D.6.a Group Residence, Limited and General


MortgageInspectionForm

SEDGWICK COUNTY DEPARTMENT OF CODE ENFORCEMENT 1144 S SENECA WICHITA KANSAS 67213-4443 316-660-1840 WASTEWATER INSPECTION REPORT

Property Address: 651 S 247th St W City: Goddard Tax Key # Mailing Address: 651 S 247th St W City: Goddard State: KS Zip 67052

Contact Person: Rob Lawrence Phone:

Buyer: Unk Seller: Sedgwick County

Property Occupied? Yes No XX Length of Vacancy: Unk

On-site Wastewater System

System Type: Advanced Wastewater System The installation date for this unit is: June 2005 Code Violations observed: Several lids on tanks broken and no lids secured. Electrical junction box in pump tank broken loose and missing lid. Appears to have a water well pump installed in pump tank with wire nuts in tank. Corrective Actions: Replace all lids that are broken and secure all remaining lids with appropriate screws. Re-attach electrical junction box and install new lid. Install appropriate lift pump with sealed electrical into the junction box with appropriate water tight connections. CORRECTIONS COMPLETED 3/2/2011. THE PUMP THAT WAS INSTALLED APPEARED TO BE IN WORKING ORDER AND WAS NOT REPLACED. Comments: Due to snow cover the yard boxes were not located. If they are found to be damaged upon snow melt they will need to be replaced and/or repaired. A new contract for maintenance of the system will need to be in place within 60 days of closing. This report indicates the condition of the above onsite wastewater treatment system at the time of the inspection. It does not guarantee that it will continue to function satisfactorily. The lateral field condition could not be determined at the time of inspection. Normal life expectancy of a septic system is 20-25 years. Any change in use may affect the system performance.

System is not currently in use. No evidence of sanitation code violations observed this day. However, sanitation code violations may become apparent upon occupancy of house and use of system. XX *Enhanced Treatment Systems are required to be inspected bi-annually from the date of installation. A copy of the inspection report and documentation of any repairs indicated on the inspection is to be filed with the Department of Code Enforcement on January 1st of each year. Remediation units are to be serviced per manufacturers requirements.

Inspections are limited to an observation of the ground for evidence of surfacing sewage and other obvious visual indicators of system failure and violations of the Sedgwick County Sanitary Code. This inspector cannot verify the condition, age, life expectancy, or functionality of the system. In the event any party desires further assurances with respect to this wastewater treatment system's present condition or future serviceability, a licensed wastewater installer should be consulted. Signature: ___Tim Wagner______________3/2/2011 Inspector – Tim Wagner Date (electronic signature)

Approved for use: XX Not approved for use:

Initial Inspection Follow-up Inspection XX


SEDGWICK COUNTY DEPARTMENT OF CODE ENFORCEMENT 1144 S SENECA WICHITA KANSAS 67213-4443 316-660-1840 WASTEWATER INSPECTION REPORT

Property Address: 651 S 247th St W City: Goddard Tax Key # Mailing Address: 651 S 247th St W City: Goddard State: KS Zip 67052




On-site Wastewater System

System Type: Advanced Wastewater System The installation date for this unit is: June 2005 Code Violations observed: Several lids on tanks broken and no lids secured. Electrical junction box in pump tank broken loose and missing lid. Appears to have a water well pump installed in pump tank with wire nuts in tank. Corrective Actions: Replace all lids that are broken and secure all remaining lids with appropriate screws. Re-attach electrical junction box and install new lid. Install appropriate lift pump with sealed electrical into the junction box with appropriate water tight connections. Comments: Due to snow cover the yard boxes were not located. If they are found to be damaged upon snow melt they will need to be replaced and/or repaired. A new contract for maintenance of the system will need to be in place within 60 days of closing. This report indicates the condition of the above onsite wastewater treatment system at the time of the inspection. It does not guarantee that it will continue to function satisfactorily. The lateral field condition could not be determined at the time of inspection. Normal life expectancy of a septic system is 20-25 years. Any change in use may affect the system performance.

System is not currently in use. No evidence of sanitation code violations observed this day. However, sanitation code violations may become apparent upon occupancy of house and use of system. XX *Enhanced Treatment Systems are required to be inspected bi-annually from the date of installation. A copy of the inspection report and documentation of any repairs indicated on the inspection is to be filed with the Department of Code Enforcement on January 1st of each year. Remediation units are to be serviced per manufacturers requirements.

Inspections are limited to an observation of the ground for evidence of surfacing sewage and other obvious visual indicators of system failure and violations of the Sedgwick County Sanitary Code. This inspector cannot verify the condition, age, life expectancy, or functionality of the system. In the event any party desires further assurances with respect to this wastewater treatment system's present condition or future serviceability, a licensed wastewater installer should be consulted. Signature: ___Tim Wagner______________2/14/2011 Inspector – Tim Wagner Date (electronic signature)

Approved for use: Not approved for use: XX

Initial Inspection XX Follow-up Inspection


SEDGWICK COUNTY DEPARTMENT OF CODE ENFORCEMENT 1144 S SENECA WICHITA KANSAS 67213-4443 316-660-1840

DOMESTIC WELL INSPECTION REPORT

Property Address: 651 S 247th

St W City: Goddard Tax Key #

Mailing Address: 651 S 247th

St W City: Goddard State: KS Zip 67052




Well

Well Type

Location

Cap-Sanitary Seal

Cap-Vented

Casing->12”

Casing-Intact

Conduit Adequate

Pump Type

Meets Setbacks

No inspection was made of below grade components. No representative of the Department is qualified to test or analyze water samples. The above

stated water sample results were obtained from an independent laboratory. Sedgwick County offers no opinion concerning the suitability of the water

sampled for domestic consumption, except as to the test results provided on the date sampled. A more comprehensive test may demonstrate the

presence of other undesirable elements.

Approved for Use: XX

Signature Tim Wagner 2/14/2011 Not Approved for Use:

Inspector – Tim Wagner Date (electronic signature)

Initial Inspection XX Follow-up Inspection

Corrective Actions: NONE

Drinking water sampled? Yes X No Reverse Osmosis unit in place? Yes X No Testing Results: Requested Exceeds Standards Nitrate-Nitrogen (mg/L) Yes No XX

Coliform Bacteria (cfu) Yes No XX

#1

Household

Apprx. 4’ west of bldg on sw corner.

Yes X No

Yes X No

Yes X No

Yes X No

Yes X No

Submersible Top Mount

Yes X No

#2

Irrigation/Livestock

Apprx. 4’ off ne corner of blding.

Yes X No

Yes X No

Yes X No

Yes X No

Yes X No

Submersible Top Mount

Yes X No

#3

Irrigation/Livestock

Yes No

Yes No Yes No Yes No Yes No Submersible Top Mount

Yes No

Sedgwick County, Kansas

525 N. Main ● Wichita, KS 67203 ● Tel: (316) 660-9110 www.sedgwickcounty.org

Detailed Property Information

Return to Property Search View Taxes Due / View Previous Transactions / Make Payment

651 S 247TH ST W Legal Description: BEG SE COR NE1/4 W 248.71 FT N 208.71 FT E 248.71 FT S 208.71 FT TO BEG EXC E 40 FT FOR RD SEC 27-27-3W EXEMPT 6323-0 Property Owner Name: SEDGWICK COUNTY Mailing Address: 538 N MAIN WICHITA KS 67203-3700 Key Number (Geo Code): GP 001330001 Control Number (PIN): 00260626 Parcel Id (AIN): 158270140000100 Tax Unit: 0604 661 GARDEN PLAIN TWP U-267-CC Land Use: 6410 Fire and rescue Lot Square Feet: 43,996 Acres: 1.01 2010 Appraisal Value: $337,350.00 2010 Assessment Value: $0.00 Commercial Buildings

Building Name Num Of Units Year Built Square Feet

1-FIRESTATION 1975 3,368



Appraisal Values

Year Class Land Improvements Total Percent Change

2009 Exempt $9,200 $328,150 $337,350 0%

2008 Exempt $9,190 $328,160 $337,350 0%

2007 Exempt $9,190 $329,610 $338,800 2%

2006 Exempt $9,190 $321,780 $330,970 3%

2005 Exempt $9,190 $313,120 $322,310 0%

Assessment Values

Page 1 of 3Property Detail

2/4/2011https://ssc.sedgwickcounty.org/taxinfowebapp/PropertyDetail.aspx

Year Class Land Improvements Total Percent Change

2009 Exempt $0 $0 $0 0%

2008 Exempt $0 $0 $0 0%

2007 Exempt $0 $0 $0 0%

2006 Exempt $0 $0 $0 0%

2005 Exempt $0 $0 $0 0%

Billings

Tax Year

Tax Bill Id

Tax Rate

General Tax Billed

Specials Tax Billed

Interest Billed

Fees Billed

Total Billed

Amount Paid

Balance Due

2010 1739200 120.5026 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00

2010 Tax Year Special Assessments

Project Description Principal Interest Total

2639 F COUNTY SOLID WASTE SOLID WASTE USER FEE $0.00 $0.00 $5.46

Totals: $0.00 $0.00 $5.46

2011 Through Payout Special Assessments

Project Description Begin Year End Year Principal Interest Total

Totals: $0.00 $0.00 $0.00

Tax Authorities

1704 CLEAR CREEK WATERSHED NO. 30

0201 COUNTY

1108 COUNTY FIRE DIST NO BONDS

0413 GARDEN PLAIN TOWNSHIP

9999 MV Average Levy for ST

1401 SOUTH CENTRAL KANSAS LIBRARY SYS

0101 STATE

0610 USD 267



0610 USD 267 SG

0722 USD 267 BOND #3

0720 USD 267 NEW BOND

0719 USD 267 OLD BOND



COUNTY ESTIMATED TAXES

Per Sedgwick County, Kansas the following is the formula and calculations for estimating property taxes using the current assessed value of the property located at 651 S. 247th St. W, Goddard, KS. This property is owned by the county and currently is exempt from paying real estate taxes. FORMULA: For Commercial Use: (Total Appraised Value * 25%) * Mill Levy = ? For Residential Use: (Total Appraised Value * 11.5%) * Mill Levy = ? CALCULATIONS: For Commercial Use: ($337,350 * 25%) * .120503 = $10,162.92 For Residential Use: ($337,350 * 11.5%) * .120503 = $4,674.94

The taxes above are only estimates based on current assessed value and usage. Potential buyers should verify with Sedgwick County Appraiser’s office for accuracy. Contact Sedgwick County Appraisers office at (316) 660-9250.

SCHOOLS IN DISTRICT FOR PROPERTY Grades K-4: Apollo Elementary Grades 5-6: Discovery Intermediate School Grades 7-8: Eisenhower Middle School Grades 9-12: Goddard High School (2010), Eisenhower High School (currently being built will attend in 2011).

The information above was provided by the Goddard School District, USD 265. Potential buyers should verify with Goddard School District, USD 265 office for accuracy. Contact Goddard School District, USD 265 office at (316) 794-4000.

2010 Electrical costs - Fire side

January 26, 2010 369.14

February 25, 2010 312.94

March 25, 2010 293.56

April 23, 2010 328.56

May 24, 2010 353.84

June 23, 2010 488.83

July 26, 2010 625.17

August 24, 2010 691.34

September 22, 2010 537.26

October 21, 2010 385.76

November 23, 2010 324.01

December 23, 2010 351.36

$5,061.77 total

$421.81 per month

2010 Electrical costs - EMS side

January 26, 2010 143.56

February 25, 2010 121.7

March 25, 2010 114.16

April 23, 2010 127.78

May 24, 2010 137.61

June 23, 2010 190.1

July 26, 2010 243.12

August 24, 2010 268.86

September 22, 2010 208.94

October 21, 2010 150.02

November 23, 2010 126.01

December 23, 2010 77.13

$1,908.99 total

$159.08 per month

2010 Propane costs - entire building

January 20, 2010 859.73

February 4, 2010 762.53

February 23, 2010 882.06

March 10, 2010 556.64

April 13, 2010 596.97

December 8, 2010 455.06

December 30, 2010 860.44

$4,973.43 total

$414.45 per month

PROPERTY BID ACKNOWLEDGEMENT & OUTLINE OF FINANCIAL TERMS OF SALE

Property Address:_______________________________________________________________

The bid amount for the said Property shall be…………...………….…………………$________________________

plus a ten percent (10%) Buyer’s Premium to be paid to Auctioneer/Broker(s) of………….......$________________________

TOTAL DUE from Buyer of……..……………………...…………………………....$________________________

Said amounts shall be paid in cash, in full, at closing. Buyer’s obligation to close shall not be contingent upon Buyer’s ability to obtain financing.

Buyer______________________________________________________ ____________ Date Print_______________________________________________________

Buyer______________________________________________________ ____________ Date Print_______________________________________________________

Seller______________________________________________________ ____________ Date Print_______________________________________________________

Seller______________________________________________________ ____________ Date Print_______________________________________________________

Sedgwick County

651 S. 247th Street West, Goddard, Kansas

of 4

COMMERCIAL REAL ESTATE SALE CONTRACT

1. PARTIES: This Contract ("Contract") dated as of the effective date as hereinafter defined is by and between: ______________________________________________________________________________________________________SELLER,and___________________________________________________________________________________________________ BUYER, and is effective as of the date and time of acceptance on the signature page of this Contract (the "Effective Date").

2. PROPERTY: Seller agrees to sell and Buyer agrees to purchase the following real estate, together with all improvements thereon including, if any, all mechanical systems, fixtures and equipment, heating, ventilating and air-conditioningequipment, electrical systems and lighting, plumbing equipment and fixtures, floor covering, storm windows and doors, screens andawnings, keys, and

all of which is commonly known and numbered as ___________________________________________________________in the City of

in_____________________County, State of , legally described as follows:

__________________________________________________________________________________________________________________________________________________________________________________________

Such real estate and other property shall be collectively referred to in this Contract as the "Property".

3. EXCEPTIONS: The property shall be subject, however, to the permitted exceptions (as defined in paragraph 7 of this Contract), zoning or other land use rules, regulations, ordinances or laws and, unless otherwise provided, free and clear of tenancies.

4. PURCHASE PRICE: The final bid price is ………………………………………………..$______________________………………………………...…………..plus a 10% Buyers Premium of…………...………..……..………. $_____________________……………………………………….…….= a total purchase price of….……………………….…..............$______________________which Buyer agrees to pay as follows ... .....................................................................................….….. $______________________ at the signing of this contract as Earnest Money to be deposited within five business days after contract is signed by all parties in the insured[trust or escrow account of ("Escrow Agent") as part of the consideration of the sale; balance to be paid in cash at closing.............................................................................................. $ ______________________ in guaranteed funds or cashier's check (as defined in this Contract), adjusted at Closing for prorations, closing costs and other agreed expenses, and (state other payment or financing terms). Buyer and Seller agree that the Escrow Agent or Listing Broker may retain any interest earned on escrowed funds.

5. CLOSING DATE: Subject to all the provisions of this Contract, the closing of this Contract (the "Closing") shall take place on or before , and possession shall be delivered at recordation of the deed unless otherwise provided.

6. PRORATIONS: Seller shall pay all general real estate taxes and all installments of special assessments attributable to the Property for the years prior to the calendar year of Closing. All such taxes, installments of special assessments becoming due,accruing or attributable to the calendar year of Closing and rents shall be prorated between Seller and Buyer on the basis of such calendar year, as of the date of Closing. All deposits shall be transferred to buyer at closing. If the amount of any tax or special assessment cannot be ascertained at Closing, proration shall be computed on the amount of the preceding year's tax and special assessment, if any. Buyer shall assume and pay all such taxes and installments of special assessments accruing after the Closing.

7. TITLE INSURANCE: Seller shall deliver to Buyer upon request prior to closing a preliminary commitment (the "title commitment') issued by a company authorized to insure titles in this state for the most current form of an owner's ALTA Title InsurancePolicy by which the title company ("the title company") shall agree to insure marketable fee simple title in the Buyer in the amount of the purchase price as of the date and time of recordation of the deed. However, the title commitment shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments and community contracts of record as of the time and date of recordation of the Deed. Buyer shall have ten (10) days after receipt of the Title Commitment (the "Review Period") in which to notify Seller in writing of any objections to any matter(s) shown or referred to in the Title Commitment. Any matter(s) which are set forth in the Title Commitment and to which Buyer does not object within the Review Periodshall be deemed to be permitted exceptions to the status of Seller's title (the "Permitted Exceptions"). With regard to items to which Buyer does so object in writing, Seller shall have ten (10) days from date of receipt of buyer's notice of objections ("cure period”) to cure said objections. If Seller does not cure objections by the end of the cure period, Buyer may either cancel this contract in which case the earnest money shall be returned to Buyer or Buyer may, within five (5) days from the expiration of the cure period, waive such objections and proceed to closing hereunder.

Sedgwick County

651 S. 247th Street West

Goddard Sedgwick Kansas

Beginning SE Corner of the NE1/4 West 248.71' North thence 208.71' East thence 248.71' South thence 208.71' to Beginning

except East 40' for road, Section 27 Township 27 South Range 3 West of the 6th P.M. Sedgwick County, Kansas

10,000.00

McCurdy Auction, LLC Trust

April 25, 2011

Non Refundable

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8. INSPECTIONS: See paragraph 20

9. REPRESENTATIONS: Buyer acknowledges that neither Seller nor any party on Seller's behalf has made, nor do they hereby make, any representations as to the past, present or future condition, income, expenses, operation or any other matter or thing affecting or relating to the Property except as expressly set forth in this Contract.

10. REAL ESTATE BROKER: Seller and Buyer agree that, Broker(s), identified in the Real Estate Agency Disclosure(s) included in this Contract, is (are) the only real estate broker(s) negotiating this sale, and Seller agrees to pay buyers premium pursuant to the agreement between Seller and Broker(s). Any party to this Contractthrough whom a claim to any broker's, finder's or other fee is made, contrary to the representations made above in this paragraph, shall indemnify, defend and hold harmless the other party to this Contract from any other loss, liability, damage, cost or expense, including, without limitation, reasonable attorney's fees, court costs and other legal expenses paid or incurred by the other party, that is in any way related to such a claim. The provisions of this paragraph shall survive Closing or termination of this Contract.

11. DELIVERY OF DEED; PAYMENT; DISBURSEMENT OF PROCEEDS: At or before Closing, Seller agrees to properly execute and deliver at closing a Special Warranty Deed, a Bill of Sale for any non-realty portion of the Property, funds and such other documents reasonably necessary to complete the Closing. The General Warranty Deed shall convey to Buyer marketable fee simple title to the Property, subject to the Permitted Exceptions. Seller and Buyer shall deliver at closing a cashier's check or guaranteed funds sufficient to satisfy their respective obligations under this Contract. Seller understands that, unless otherwise agreed, disbursement of proceeds will not be made until after the General Warranty Deed or the instrument of conveyance, and, if applicable, the mortgage/deed of trust have been recorded and the title company can issue said title policy.

12. INSURANCE; MAINTENANCE; CASUALTY; CONDEMNATION; CHANGE OF CONDITION: Seller agrees to maintain Seller's current fire and extended coverage insurance, if any, on the Property until Closing. Seller shall do ordinary and necessary maintenance, upkeep and repair to the Property through Closing. If, before Closing, all or any part of the Property is taken by eminent domain, or if a condemnation proceeding has been filed or is threatened against the Property or any part thereof, or if all or any part of the Property is destroyed or materially damaged after the Inspection Period, Seller shall promptly provide written notice to Buyer of any such event. Upon notice of such occurrence, Buyer may re-inspect the Property and may, by written notice to Seller within ten (10) days after receiving Seller's notice, terminate this Contract. Unless this Contract is so terminated, it shall remain in full force and effect, and Seller shall at Closing assign and transfer to Buyer all of Seller's right, title and interest in and to any awards that may be made for any taking and any insurance proceeds payable on account of casualty. If a non-material change in condition occurs with respect to the Property, Seller shall remedy such change before Closing, The provisions of this paragraph shall survive Closing or termination of this Contract.

13. FOREIGN INVESTMENT: Seller represents that Seller is not a foreign person as described in the Foreign Investment in Real Property Tax Act and agrees to deliver a certificate at Closing to that effect which shall contain Seller's tax identification number.

14. TERMINATION: If this Contract is terminated by either party pursuant to a right expressly given in this Contract, Buyer shall be entitled to an immediate return of the Earnest Money deposit, and neither party shall have any further rights or obligations under this Contract except as otherwise stated in this Contract.

15. DEFAULT AND REMEDIES: Seller or Buyer shall be in default under this Contract if either fails to comply with any material covenant, agreement or obligation within any time limits required by this Contract. Following a default by either Seller or Buyer under this Contract, the other party shall have the following remedies, subject to the provisions of paragraph 16 of this Contract:

(a) If Seller defaults, Buyer may (i) specifically enforce this Contract and recover damages suffered by Buyer as a result of the delay in the acquisition of the Property; or (ii) terminate this Contract by written notice to Seller and, at Buyer's option, pursue any remedy and damages available at law or in equity. If Buyer elects to terminate this Contract, the Earnest Money shall be returned to Buyer.

(b) If Buyer defaults, Seller may (i) specifically enforce this Contract and recover damages suffered by Seller as a result of the delay in the sale of the Property; or (ii) terminate this Contract by written notice to Buyer and, at Seller's option, either retain the Earnest Money as liquidated damages as Seller's sole remedy (the parties recognizing that it would be extremely difficult to ascertain the extent of actual damages caused by Buyer's breach, and that the Earnest Money represents as fair an approximation of such actual damages as the parties can now determine), or pursue any other remedy and damages available at law or in equity.

If as a result of a default under this Contract, either Seller or Buyer employs an attorney to enforce its rights, the defaulting party shall, unless prohibited by law, reimburse the non-defaulting party for all reasonable attorneys’ fees, court costs and other legal expensesincurred by the non-defaulting party in connection with the default.

16. DISPOSITION OF EARNEST MONEY AND OTHER FUNDS AND DOCUMENTS: In the absence of written escrow instructions, and notwithstanding any other terms of this Contract providing for forfeiture or refund of the Earnest Money, the

McCurdy Auction, LLC

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Escrow Agent shall not distribute the Earnest Money or other escrowed funds or documents, once deposited, without the written consent of all parties to this Contract. A party's signature on a closing statement prepared by the Escrow or Closing Agent shall constitute such consent. In the absence of either written consent or written notice of a dispute, failure by either Buyer or Seller to respond in writing to a certified letter from the Escrow Agent within fifteen (15) days of receipt, or failure by either Buyer or Seller to make written demand upon the other party and upon the Escrow Agent for return or forfeiture of the Earnest Money, other escrowed funds or documents within sixty (60) days after receiving written notice of cancellation of this Contract, shall constitute consent to distribution of all funds and documents deposited with the Escrow Agent as suggested in any such certified letter or written demand.

If a dispute arises over the disposition of funds or documents deposited with the Escrow Agent that results in litigation, any attorney's fees, court costs and other legal expenses, including the cost of an interpleader, incurred by the Escrow Agent in connection with such dispute shall be reimbursed from the Earnest Money or from other funds deposited with the Escrow Agent.

17. ENTIRE AGREEMENT AND MANNER OF MODIFICATION: This Contract, and any attachments or addenda hereto, constitute agreement of the parties concerning the Property, supersede all other agreements and may be modified only by initialing changes in the Contract or by written agreement.

18. NOTICES: All notices, consents, approvals, requests, waivers, objections or other communications (collectively "notices") required under this Contract (except notice given pursuant to paragraph #16 of this Contract) shall be in writing and shall be served by hand delivery, by prepaid United States certified mail, return receipt requested, or by reputable overnight delivery serviceguaranteeing next-day delivery and providing a receipt. All notices shall be addressed to the parties at the respective addresses as set forth below, except that any party may, by notice in the manner provided above, change this address for all subsequent notices. Notices shall be deemed served and received upon the earlier of the third day following the date of mailing (in the case of notices mailed by certified mail) or upon delivery (in all other cases). A party's failure or refusal to accept service of a notice shall constitute delivery of the notice.

19. TIME AND EXACT PERFORMANCE ARE OF THE ESSENCE UNDER THIS CONTRACT.

20. ADDITIONAL TERMS: This property is selling at public auction in its present condition and is accepted by the Buyer(s) without any expression or implied warranties or representations from the Seller(s) or his (her) agents(s). It is incumbent upon the Buyer(s) to exercise his (her) due diligence prior to bidding on this property. It is the responsibility of the prospective purchaser(s) to have any and all inspections completed prior to the auction day including, but not limited to: roof, structure, termite, environmental, groundwater, flood designation, presence of lead-based paint and/or lead based paint hazards, presence of mold, presence of radon, electrical, mechanical, plumbing and any other desired inspection, if any. Information given is from sources deemed reliable but NOT guaranteed by the Seller(s) or the Realtor(s)/Auctioneer(s). Announcements made the day of the auction shall take precedence over anything previously state or printed.

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Buyer and Seller agree to share equally the cost of title insurance and closing fee at the title company, if applicable.

21. AGENCY DISCLOSURE: Seller and Buyer agree that Broker(s), identified in the Real Estate Agency Disclosure(s) included in this Contract, is (are) the only real estate broker(s) negotiating this sale, and Seller agrees to pay Commission Rate and/or Buyers Premium pursuant to the agreement between Seller and Broker(s).

McCurdy Auction, LLC is functioning as a Seller’s Agent.

(Co-Op/Referring Broker/Licensee – if applicable) – Listing Side

_______________________ of _______________________is functioning as ______________________________

(Co-Op/Referring Broker/Licensee – if applicable) – Selling Side _______________________ of _______________________is functioning as ______________________________

Any party to this Contract through whom a claim to any broker's, finder's or other fee is made, contrary to the representationsmade above in this paragraph, shall indemnify, defend and hold harmless the other party to this Contract from any other loss, liability, damage, cost or expense, including, without limitation, reasonable attorney's fees, court costs and other legal expenses

N/A N/A N/A

of 4

paid or incurred by the other party, that is in any way related to such a claim. The provisions of this paragraph shall surviveClosing or termination of this Contract.

THIS IS A LEGALLY BINDING CONTRACT. SELLER AND BUYER SHOULD CONSULT THEIR OWN LEGAL COUNSEL AS TO THE MARKETABLITY OF THE TITLE TO THE PROPERTY AND AS TO THE LEGAL EFFECT OF SPECIFIC CONTRACT PROVISIONS.

IN WITNESS WHEREOF, Seller and Buyer execute this Contract on the date(s), and at the time(s), indicated below their respective signatures.

(SELLER) (BUYER)

Date: Date:

Time: Time:

Mailing Address: Mailing Address:

Telephone: Telephone:

FOR INFORMATION ONLY - NOT PARTIES TO THE CONTRACT

Broker/Auctioneer – ___________________________________________________________________________________________

Listing Broker/Agent - __________________________________________________________________________________________

Selling Broker/Agent - __________________________________________________________________________________________

Escrow Agent – ________________________________________ Closing Agent – __________________________________________

Sedgwick County




McCurdy Auction, LLC Trust Security 1st Title

ALTA Plain Language Commitment (2006) Commitment No. 2022017Page 1

INFORMATION

The Title Insurance Commitment is a legal contract between you and the Company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy.

The Company will give you a sample of the Policy form, if you ask.

The Policy contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or you as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. THIS PARAGRAPH DOES NOT APPLY IN STATE OF KANSAS.

The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy.

The Commitment is subject to its Requirements, Exceptions and Conditions.

THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY.

If you have any questions about the Commitment, contact David Herd at 316-293-1637

TABLE OF CONTENTSPage

AGREEMENT TO ISSUE POLICY 2

SCHEDULE A 3

1.

2.

3.

4.

Commitment Date

Policies to be Issued, Amounts and Proposed Insureds

Interest in the Land and Owner

Description of the Land

3333

SCHEDULE B-I – REQUIREMENTS

SCHEDULE B-II – EXCEPTIONS

CONDITIONS


TITLE INSURANCE COMMITMENT

ISSUED BY

First American Title Insurance Company

AGREEMENT TO ISSUE POLICY

We agree to issue a policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A.

If the Requirements shown in this Commitment have not been met within six (6) months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following:

The Provisions in Schedule A.

The Requirements in Schedule B-I.

The Exceptions in Schedule B-II.

The Conditions. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.

FIRST AMERICAN TITLE INSURANCE COMPANY has caused this Commitment to be signed and sealed by its authorized officers.

Issued By:Security 1st Title



BY


SCHEDULE ACommitment No: 2022017Title Officer: David Herd

1. Effective Date: January 13, 2011, at 7:30 a.m.

2. Policy or Policies to be issued: Amount

a. ALTA Owner's Policy (6-17-06): $0.00 Proposed Insured: To Be Determined

b. ALTA Loan Policy (6-17-06):Proposed Insured:

3. Fee Simple interest in the Land described in this Commitment is owned, at the Commitment Date, by

Sedgwick County, Kansas

4. The Land referred to in this Commitment is described as follows:

A tract described as beginning at the Southeast corner of the Northeast Quarter of Section 27, Township 27 South, Range 3 West of the 6th P.M., Sedgwick County, Kansas; thence West 248.71 feet on the Half Section Line; thence North a distance of 208.71 feet; thence East a distance of 248.71 feet; thence South a distance of 208.71 feet to the point of beginning.



BY


SCHEDULE B - SECTION I

REQUIREMENTS

The following requirements must be met:

a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.

b. Pay us the premiums, fees and charges for the policy.

c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded:

d. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions.

File a Warranty Deed from Sedgwick County, Kansas to To Be Determined.(E)

Recording Information for Sedgwick County, Kansas:(F)

Recording Fees:Deed $8.00 first page, $4.00 each additional page thereafterMortgage $8.00 first page, $4.00 each additional page thereafterMortgage Tax $0.26 per each $100.00 of loan amountMortgage Release $7.00 first page, $2.00 each additional page thereafter

The State of Kansas requires that deed transferring real estate must be accompanied by the Real Estate Validation Questionnaire. This form must be executed by either the Grantor (Seller) or the Grantee (Buyer). Certain exemptions do apply. The official form can be obtained from the Register of Deeds, or from Security 1st Title.



BY


SCHEDULE B - SECTION II

EXCEPTIONS

Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction.

1. Right or claims of parties in possession not shown by the Public Records.

2. Easements, or claims of easements, not shown by the Public Records.

3. Any encroachment, encumbrance, violation, variation or adverse circumstances affecting Title that would be disclosed by an accurate and complete survey of the Land or that could be ascertained by an inspection of the Land.

4. Any lien, or right to lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by Public Records.

5. Taxes, or special assessments, if any, not shown as existing liens by the Public Records.

6. Loss or damage by reason of there being recorded in the Public Records, any deeds, mortgages, lis pendens, liens or other title encumbrances subsequent to the commitment date and prior to the effective date of the final Policy.

General taxes and special assessments for the fiscal year 2010 in the original amount of 7.$0.00 (EXEMPT).

First Installment: $0.00Second Installment: $0.00Property I.D. # GP-00133-0001PIN #00260626

Roadway easement, if any, over the East 30 feet of subject property.8.

An easement for roadway, recorded as Misc. Book 514, Page 255.9.In favor of: Sedgwick County, KansasAffects: the West 10 feet of the East 40 feet of subject property

The terms and provisions contained in the document entitled "Clear Creek Watershed 10.District No. 30, Sedgwick County, Kansas" filed as Misc. Book 464, Page 220.

The application for title insurance does not give the name of the prospective purchaser. 11.When such name is ascertained, the records must be searched for possible judgments. If the purchaser is to be an entity other than a natural person or persons, certain additional requirements may be necessary.


The actual value of the estate or interest to be insured must be disclosed to the 12.Company, and subject to approval by the Company, entered as the amount of the policy to be issued. It is agreed that, as between the Company, the applicant for this commitment, and every person relying on this commitment, the amount of the requested policy will be assumed to be $1,000.00, and the total liability of the Company on account of this commitment shall not exceed that amount, until such time as the actual amount of the policy to be issued shall have been agreed upon and entered as aforesaid, and the Company's applicable insurance premium charge for same shall have been paid.


CONDITIONS1. DEFINITIONS

(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title according to the state statutes where your Land is located.

2. LATER DEFECTS

The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created orattach between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I are met. We shall have no liability to you because of this amendment.

3. EXISTING DEFECTS

If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing.

4. LIMITATION OF OUR LIABILITY

Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to:

Comply with the Requirements shown in Schedule B - Section I

or

Eliminate with our written consent any Exceptions shown in Schedule B - Section II.

We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you.

5. CLAIMS MUST BE BASED ON THIS COMMITMENT

Any claim, whether or not based on negligence, which you may have against us concerning the title to the Land must be based on this Commitment and is subject to its terms.


PRIVACY POLICY

We Are Committed to Safeguarding Customer Information

In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability

This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.

Types of Information

Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

Information we receive from you on applications, forms and in other communications to ·us, whether in writing, in person, by telephone or any other means;

Information about your transactions with us, our affiliated companies, or others; and·

Information we receive from a consumer reporting agency.·

Use of Information

We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.

Former Customers

Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security

We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

2010 The First American Corporation • All Rights Reserved

519 N. Oliver, Wichita, Kansas(316) 683-0612 • (800) 544-4489 • www.McCurdyAuction.com

Guide to Auction Costs

• Half Owners Title Insurance Premium

• Half of the Closing Fee

• Real Estate Commission (If Applicable)

• Advertising Costs

• Payoff of Loans, Including Accured Interest, Statement Fees,

Reconveyance Fees and Any Prepayment

• Any Judgements, Tax Liens, Etc. Against The Seller

• Recording Charges Required to Convey Clear Title

• Any Unpaid Taxes and Tax Proation for the Current Year

• Any Unpaid Homeowner Association Dues

• Rent Deposits and Prorated Rents (If Applicable)

• 10% Buyer’s Premium (If Applicable)

• Half Owners Title Insurance Premium

• Half of the Closing Fee

• Lender’s Title Policy Premiums (If Obtaining Financing)

• Document Preparation (If Applicable)

• Notary Fees (If Applicable)

• Recording Charges For All Documents in Buyer’s Name

• Home Owners Association Transfer/Set Up Fee (If Applicable)

• All New Loan Charges (If Obtaining Financing)

• Homeownere’s Insurance Premium for First Year

• All Pre-Paid Deposites for Taxes, Insurance, Pmi, Etc. (If Applicable)

THE BUYER CAN GENERALLY EXPECT TO PAY . . .

THE SELLER CAN GENERALLY EXPECT TO PAY . . .