absolute auction - schrader commercial...

25
TERMS: The property and improvements thereon will be sold “as is” with no warranty, express or implied. Announcements made the day of Sale take precedence over printed material or prior verbal statements. A 10% buyer’s premium will be added to the final bid price to determine the sale price. 10% down and signed contract due day of sale. Closing within 30 days of sale date. The information contained herein is from sources believed, but not guaranteed to be accurate. Schrader Auction Group, LLC makes no representation or warranties regarding the property and you should conduct a careful, independent, investigation of the property to determine its suitability for your use and investment. Property boundaries are only approximation and do not represent actual property lines. This is for illustration purposes only. 859-252-SOLD www.schradercommercial.com ABSOLUTE AUCTION 5569 Briar Hill Road, Lexington, KY 40516 Thursday, December 17th at 10:30am On-Site Open House: Tuesday, December 1st & 15th, 1-3pm Former 3,510SF convenience store and gas station. 0.31AC lot with asphalt parking. Close proximity to Lexington Blue Grass Army Depot. Less than 2 miles to I-64 and 3 miles to Winchester Road, at the junction of Briar Hill Road and Haley Road. Zoned AR with Retail Land Use Code. For more information, contact: Joshua Johns , Principal Auctioneer s 859-285-0717 · [email protected] James M. Schrader , Broker r 859-321-5660 · [email protected]

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Page 1: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

TERMS The property and improvements thereon will be sold ldquoas isrdquo with no warranty express or implied Announcements made the day of Sale take precedence over printed material or prior verbal statements A 10 buyerrsquos premium will be added to the fi nal bid price to determine the sale price 10 down and signed contract due day of sale Closing within 30 days of sale date

The information contained herein is from sources believed but not guaranteed to be accurate Schrader Auction Group LLC makes no representation or warranties regarding the property and you should conduct a careful independent investigation of the property to determine its suitability for your use and investment Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

859-252-SOLDwwwschradercommercialcom

ABSOLUTE AUCTIONSold to the Highest Bidder Regardless of Price

5569 Briar Hill Road Lexington KY 40516(Former convenience store and gas station)

Thursday December 17th at 1030am On-Site

Open House Tuesday December 1st amp 15th 1-3pm

bull Former 3510SF convenience store and gas station bull 031AC lot with asphalt parking bull Close proximity to Lexington Blue Grass Army Depot bull Less than 2 miles to I-64 and 3 miles to Winchester Road at the junction of Briar Hill Road and Haley Road bull Zoned AR with Retail Land Use Code

For more information contact

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717 jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schrader 859-321-5660 jschraderschradercommercialcom

Table of ContentAuction Registration Form

Terms amp Conditions

Property Photos

Property Information

Aerial Photo

Plat

Tank Documents

Auction Purchase Contract

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Auction Registration FormBIDDER INFORMATION

Name ____________________________ Telephone Number__________________

Email _______________________________________________________________

Address _____________________________________________________________

City ____________________________________ State________ Zip____________

BANKING INFORMATION

Bank _______________________________ Account Number__________________

Address _____________________________________________________________

City ____________________________________ State________ Zip____________

Contact ___________________________ Telephone Number__________________

I have received and read the Terms amp Conditions of sale for the absolute auction which are set forth in the auction package and incorporated herin by reference I hereby give permission to Schrader Auction Group to verify all credit references

Date ______________ Signature _________________________________________

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Terms amp Conditions1 The property to be sold is located at 5569 Briar Hill Rd Lexington Fayette County Kentucky

2 The property is to be sold at Absolute Auction in its ldquoas isrdquo conditions without any warranty or guaranty as to the physical condition of the property or any of the improvements thereon Prospective bidders have the right to conduct inspections and should conduct inspections prior to the auction

3 A ten percent (10) Buyerrsquos Premium will be added to the bid price to determine the fi nal purchase price

4 The Purchaser must pay ten percent (10) of the gross purchase price in cash certifi ed funds or personal check with prior approval immediately following the auction sale and must sign the Auction Purchase Contract in the form which is attached to these Terms and Conditions The balance of the purchaseThe balance of the purchase

price shall be paid in cash or certifi ed funds within thirty (30) days of the date ofprice shall be paid in cash or certifi ed funds within thirty (30) days of the date ofthe Auction with time being of the essencethe Auction with time being of the essence The closing may be postponed

only in accordance with the terms of the Auction Purchase Contract

5 The property will be conveyed to the Purchaser in fee simple by means of a special warranty deed subject only to easements restrictions and conditions of record if any aff ecting the property All taxes and assessments shall be prorated as of closing

6 The property is to be sold as a single entity and shall include all permanent improvements located thereon but shall not include any movable personal property

7 Sellers agree to deliver to Purchaser complete possession of the property at the time of the closing

8 Sellers shall continue to cause the property to be maintained and insured until the closing

Announcements made the day of Sale take precedence over printed material or prior verbal statements

Property Photos

Property Information

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 2: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Table of ContentAuction Registration Form

Terms amp Conditions

Property Photos

Property Information

Aerial Photo

Plat

Tank Documents

Auction Purchase Contract

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Auction Registration FormBIDDER INFORMATION

Name ____________________________ Telephone Number__________________

Email _______________________________________________________________

Address _____________________________________________________________

City ____________________________________ State________ Zip____________

BANKING INFORMATION

Bank _______________________________ Account Number__________________

Address _____________________________________________________________

City ____________________________________ State________ Zip____________

Contact ___________________________ Telephone Number__________________

I have received and read the Terms amp Conditions of sale for the absolute auction which are set forth in the auction package and incorporated herin by reference I hereby give permission to Schrader Auction Group to verify all credit references

Date ______________ Signature _________________________________________

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Terms amp Conditions1 The property to be sold is located at 5569 Briar Hill Rd Lexington Fayette County Kentucky

2 The property is to be sold at Absolute Auction in its ldquoas isrdquo conditions without any warranty or guaranty as to the physical condition of the property or any of the improvements thereon Prospective bidders have the right to conduct inspections and should conduct inspections prior to the auction

3 A ten percent (10) Buyerrsquos Premium will be added to the bid price to determine the fi nal purchase price

4 The Purchaser must pay ten percent (10) of the gross purchase price in cash certifi ed funds or personal check with prior approval immediately following the auction sale and must sign the Auction Purchase Contract in the form which is attached to these Terms and Conditions The balance of the purchaseThe balance of the purchase

price shall be paid in cash or certifi ed funds within thirty (30) days of the date ofprice shall be paid in cash or certifi ed funds within thirty (30) days of the date ofthe Auction with time being of the essencethe Auction with time being of the essence The closing may be postponed

only in accordance with the terms of the Auction Purchase Contract

5 The property will be conveyed to the Purchaser in fee simple by means of a special warranty deed subject only to easements restrictions and conditions of record if any aff ecting the property All taxes and assessments shall be prorated as of closing

6 The property is to be sold as a single entity and shall include all permanent improvements located thereon but shall not include any movable personal property

7 Sellers agree to deliver to Purchaser complete possession of the property at the time of the closing

8 Sellers shall continue to cause the property to be maintained and insured until the closing

Announcements made the day of Sale take precedence over printed material or prior verbal statements

Property Photos

Property Information

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 3: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Auction Registration FormBIDDER INFORMATION

Name ____________________________ Telephone Number__________________

Email _______________________________________________________________

Address _____________________________________________________________

City ____________________________________ State________ Zip____________

BANKING INFORMATION

Bank _______________________________ Account Number__________________

Address _____________________________________________________________

City ____________________________________ State________ Zip____________

Contact ___________________________ Telephone Number__________________

I have received and read the Terms amp Conditions of sale for the absolute auction which are set forth in the auction package and incorporated herin by reference I hereby give permission to Schrader Auction Group to verify all credit references

Date ______________ Signature _________________________________________

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Terms amp Conditions1 The property to be sold is located at 5569 Briar Hill Rd Lexington Fayette County Kentucky

2 The property is to be sold at Absolute Auction in its ldquoas isrdquo conditions without any warranty or guaranty as to the physical condition of the property or any of the improvements thereon Prospective bidders have the right to conduct inspections and should conduct inspections prior to the auction

3 A ten percent (10) Buyerrsquos Premium will be added to the bid price to determine the fi nal purchase price

4 The Purchaser must pay ten percent (10) of the gross purchase price in cash certifi ed funds or personal check with prior approval immediately following the auction sale and must sign the Auction Purchase Contract in the form which is attached to these Terms and Conditions The balance of the purchaseThe balance of the purchase

price shall be paid in cash or certifi ed funds within thirty (30) days of the date ofprice shall be paid in cash or certifi ed funds within thirty (30) days of the date ofthe Auction with time being of the essencethe Auction with time being of the essence The closing may be postponed

only in accordance with the terms of the Auction Purchase Contract

5 The property will be conveyed to the Purchaser in fee simple by means of a special warranty deed subject only to easements restrictions and conditions of record if any aff ecting the property All taxes and assessments shall be prorated as of closing

6 The property is to be sold as a single entity and shall include all permanent improvements located thereon but shall not include any movable personal property

7 Sellers agree to deliver to Purchaser complete possession of the property at the time of the closing

8 Sellers shall continue to cause the property to be maintained and insured until the closing

Announcements made the day of Sale take precedence over printed material or prior verbal statements

Property Photos

Property Information

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 4: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

859-252-SOLDwwwschradercommercialcom

175 E Main Street Suite 325Lexington KY 40507

Joshua Johns Principal AuctioneerJoshua Johns Principal AuctioneerJoshua Johns 859-285-0717

jjohnsschradercommercialcom

James M Schrader BrokerJames M Schrader BrokerJames M Schraderjschraderschradercommercialcom

Terms amp Conditions1 The property to be sold is located at 5569 Briar Hill Rd Lexington Fayette County Kentucky

2 The property is to be sold at Absolute Auction in its ldquoas isrdquo conditions without any warranty or guaranty as to the physical condition of the property or any of the improvements thereon Prospective bidders have the right to conduct inspections and should conduct inspections prior to the auction

3 A ten percent (10) Buyerrsquos Premium will be added to the bid price to determine the fi nal purchase price

4 The Purchaser must pay ten percent (10) of the gross purchase price in cash certifi ed funds or personal check with prior approval immediately following the auction sale and must sign the Auction Purchase Contract in the form which is attached to these Terms and Conditions The balance of the purchaseThe balance of the purchase

price shall be paid in cash or certifi ed funds within thirty (30) days of the date ofprice shall be paid in cash or certifi ed funds within thirty (30) days of the date ofthe Auction with time being of the essencethe Auction with time being of the essence The closing may be postponed

only in accordance with the terms of the Auction Purchase Contract

5 The property will be conveyed to the Purchaser in fee simple by means of a special warranty deed subject only to easements restrictions and conditions of record if any aff ecting the property All taxes and assessments shall be prorated as of closing

6 The property is to be sold as a single entity and shall include all permanent improvements located thereon but shall not include any movable personal property

7 Sellers agree to deliver to Purchaser complete possession of the property at the time of the closing

8 Sellers shall continue to cause the property to be maintained and insured until the closing

Announcements made the day of Sale take precedence over printed material or prior verbal statements

Property Photos

Property Information

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 5: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Property Photos

Property Information

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 6: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Property Information

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 7: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

11302015 Fayette County PVA Office

httpqpublic9qpublicnetky_fayette_displayphpcounty=ky_fayetteampKEY=24818750 11

Previous Parcel Next Parcel Main Search Address Search Subscription Home Fayette Home

Owner and Parcel Information

Owner Name PBI BANK INC January 1 2015 Owner NGS REALITY LLC

Mailing Address 2500 EASTPOINT PKWY Parcel Number 24818750

LOUISVILLE KY 40223 Tax District District 2

Location Address 5569 BRIAR HILL RD LEXINGTON KY 40516 2015 Tax Rate 10337

Legal Description Cshy065 AVON ACRES LOT 2 Acres 031

Property Class CshyCommercial Parcel Map

PVA Neighborhood 000shyCOMMERCIAL ENTIRE COUNTY NDshy1 Zone

Land Use Code 430shyC shy RETAIL Overlay

USARSA Map 21 PDR

Map Block 116 Map Scale 400

Lot 2 Block

Subdivision AVON ACRES LFUCG Zoning AshyRshyAGRICULTURAL RURAL

Deeded Acres 031 Deeded Sqft 13504

CabinetSlide Cshy065 Frontage Out Of 1023

Assessment Information Historical Assessments 2015 Assessment Notice Show Assessment NoticeYear Fair Cash Value Agricultural Value Land Agricultural Value Total Exempt Taxable Value2015 $ 155000 $ 0 $ 0 $ 0 $ 155000

Commercial Improvement InformationCard Building Type Structure CodeDesc Units Year Built Above Grade Sqft Total Basement Sqft Finished Basement Sqft Building Sketch 1 1 348shyCONV FOOD MKTW GAS PMP 1 1954 3510 Show Sketch

Building Photo Preview EnlargeShow All Photos

Accessory InformationDescription Year Built Area Grade

PAVING ASPHALT PARKING 1954 0 C

TANK STEEL UNDRGD 1954 0 C

Sale InformationSale Date Sale Price Deed Book Deed Page Sales Validity Owner Previous Owner2015shy08shy11 $ 93800 3340 285 14shyMASTER COMMISSIONER SALE PBI BANK INC NGS REALITY LLC

2005shy07shy29 $ 72000 2573 303 19shyOTHER NGS REALITY LLC IWEIMRIN SALVATORE

2003shy03shy20 $ 35000 2348 600 19shyOTHER IWEIMRIN SALVATORE PASS BARBARA J

2002shy12shy17 $ 140000 2330 58 00shyARMS LENGTH TRANSACTION PASS BARBARA J IWEIMRIN SALMA

1988shy04shy06 $ 100000 1473 446 00shyARMS LENGTH TRANSACTION IWEIMRIN SALMA BANTA amp LOVELY

1979shy09shy27 $ 50000 0000 0 00shyARMS LENGTH TRANSACTION BANTA amp LOVELY

The Fayette County Property Valuation Administrators Office makes every effort to produce the most accurate information possible No warranties expressed or implied areprovided for the data herein its use or interpretation Website Updated November 19 2015

copy 2011 by Fayette County KY | Website design by qpublicnet

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 8: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Aerial Photo

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 9: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Disclaimer Property boundaries are only approximation and do not represent actual property lines This is for illustration purposes only

Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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Plat

Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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Tank Documents

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 12: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Kentucky Department for Environmental Protection

Division of Waste Management

Program UST

County Fayette

Terry Chase

62196

Avon Service Mart

5569 Briar Hill Rd

Lexington KY 40361

Lead Investigator

Agency InterestPermit ID

Agency Interest Name

Agency Interest Address

RETAIL- Retail Trade Gasoline Stations (447)Type of Agency Interest

Title PhoneAgency Interest Contact

Inspection

UST CEI TCI

Purpose

Inspection Type

General Comments

An unannounced inspection was conducted on 04152013

The facility is verified having three double-walled fiberglass tanks The piping is verified as fiberglass reinforced plastic Thefacility is in temporary closure The facility uses European suction Less then one inch of product was observed in all tanks Pipingis exempt from piping release detection The facility utilizes a galvanic cathodic corrosion protection system to protect the metalliccomponents located in the dispenser sumps All tanks use single-walled spill buckets No holes or cracks were observed All tanksuse automatic shutoff devices for overfill prevention

The facility has a passing corrosion protection test from 01182013 performed by Adam Gordon JET

Person(s) Interviewed

Name Organization

Start Time End Time 0230 PM04152014Inspection Date

Coordinate Collection Method

Incident ID(s)

3807071200

0200 PM

-8432363600LongitudeLatitude

Decimal Degrees

Activity CIN20140001 Inspection

Energy and Environment Cabinet

Page 1 of 2AI Name Avon Service Mart Activity CIN20140001

StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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StatusComments

Requirement

GINS1

Status Results or Comments

Is the facility in compliance with tank release detection

requirements [401 KAR 42040]The tanks are in temporary closure Less then oneinch of product was observed in all tanks

C

Is the facility in compliance with piping release detection

requirements [401 KAR 42040]The tanks are in temporary closure Thereforepiping is exempt from piping release detection

C

Are tanks piping and metallic piping components installed in

compliance with all installation performance standards [401 KAR

42020]

The facility is verified having three double-walledfiberglass tanks The piping is verified as fiberglassreinforced plastic The facility is in temporaryclosure The facility uses European suction

C

Is the facility in compliance with all corrosion protection testing

requirements [401 KAR 42030]The facility utilizes a galvanic cathodic corrosionprotection system to protect the metallic componentslocated in the dispenser sumps The facility has apassing corrosion protection test from 01182013performed by Adam Gordon JET

C

Is the facility in compliance with all spill prevention requirements[401 KAR 42030]

All tanks use single-walled spill buckets No holes orcracks were observed

C

Is the facility in compliance with all overfill preventionrequirements [401 KAR 42030]

All tanks use automatic shutoff devices for overfillprevention

C

Is the facility in compliance with Designated Compliance Manager(DCM) and employee training requirements [401 KAR 42020Section 7]

N

Title DateInvestigator

N - N-Not Applicable

E - E-Not Evaluated

V - V-Out of Compliance-NOV

X C - C-No Violations observed

I - I-No Violations obs-but impending viol trends obs

D - D-Out of Compliance-Violations Documented

O - O-Out of Comp-LOW non-recurrent Adm or OampM

Title DateReceived By

Delivery Method

Page 2 of 2AI Name Avon Service Mart Activity CIN20140001

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

Page 14: ABSOLUTE AUCTION - Schrader Commercial Propertiesschradercommercial.com/wp-content/uploads/2015/11/Briar...Is the facility in compliance with piping release detection requirements?

Division of Waste Management 200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601 wwwkentuckygov

KentuckyUnbridledSpiritcom An Equal Opportunity Employer MFD

STEVEN L BESHEAR

GOVERNOR

LEONARD K PETERS

SECRETARY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

May 29 2015

NGS Reality LLC

115 W Main St

Lexington KY 40515

Re Notice of Violation

AI ID 62196

AI Name Avon Service Mart

Activity ID ENV20150001

Fayette County KY

Dear NGS Reality LLC

The Kentucky Department for Environmental Protection (DEP) has issued the enclosed Notice of

Violation for failure to assign a designated compliance manager (DCM) at your facility Please review this

Notice of Violation carefully to ensure that a DCM is assigned for your facility and training is complete within

thirty (30) days of the receipt of this violation Failure to correct the violation will result in an enforcement

referral with possible civil penalties

Your cooperation and attention to this matter is appreciated If you have any questions regarding DCM

training please contact the Underground Storage Tank Branch at 502-564-5981 option 2 If you have questions

regarding the issuance of this Notice of Violation please contact the regional office at 502-564-3358

Sincerely

Jon Maybriar

Field Operations Branch Manager

Division of Waste Management

Enclosure

COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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COMMONWEALTH OF KENTUCKY

ENERGY AND ENVIRONMENT CABINET

DEPARTMENT FOR ENVIRONMENTAL PROTECTION

Division of Waste Management

NOTICE OF VIOLATION

To NGS Reality LLC

115 W Main St

Lexington KY 40515

AI Name Avon Service Mart AI ID 62196 Activity ID ENV20150001

Discovery ID CIN20150001 County Fayette

Enforcement Case ID Date(s) Violation(s) Observed 05182015

This is to advise that you are in violation of the provisions cited below

1 Violation Description for Subject Item AIOO0000062196() DCM Operational Training Requirements (1) An owner of a UST system registered but not permanently

closed with the USTB prior to June 8 2012 shall designate at least one (1) individual who shall be trained

in accordance with subsections (5) and (6) of this section by August 8 2012 as the primary designated

compliance manager (DCM) for the registered UST system (2) An owner of a UST system registered but

not permanently closed on or after June 8 2012 shall designate at least one (1) individual who shall be

trained in accordance with subsections (5) and (6) of this section within sixty (60) days of registration as

the primary designated compliance manager (DCM) for the registered UST system (3) If the primary DCM

no longer holds DCM status the owner shall within thirty (30) days designate another individual as

primary DCM who shall obtain training in accordance with subsections (5) and (6) of this section within

thirty (30) days of designation (4)(a) Owners shall designate a primary DCM who may receive compliance

related correspondence from the Underground Storage Tank Branch 1 Owners may designate themselves

as the primary DCM or 2 Owners may designate another individual as the primary DCM (b) Owners may

designate multiple individuals as an associate DCM for a UST system (5) Operational training in

accordance with this administrative regulation shall be accomplished through use of the cabinet training

system Individuals unable to use or access the cabinet training system shall contact the Underground

Storage Tank Branch for alternate designation and operational training procedures (6) Through completion

of operational training in accordance with subsection (5) of this section a DCM shall demonstrate an in-

depth understanding of (a) UST system operation maintenance inspection and testing requirements

including at a minimum UST system spill prevention overfill prevention release detection secondary

containment corrosion protection product compatibility and notification requirements as applicable to the

current configuration of the UST system in accordance with this administrative regulation and 401 KAR

42030 and 42040 (b) UST system recordkeeping requirements in accordance with 401 KAR 42030 and

42040 (c) UST system release reporting release response temporary closure permanent closure initial

abatement and financial responsibility requirements in accordance with 401 KAR 42050 42060 42070

and 42090 (d) All relevant equipment and its compliance with performance standards in accordance with

401 KAR 42030 and 42040 (e) Requirements for delivery prohibition in accordance with 401 KAR

42045 and (f) UST facility employee training requirements in accordance with Section 8 of this

administrative regulation (7) The owner shall ensure that the primary DCM successfully repeat the training

annually within twelve (12) months of the most recent training date [401 KAR 42020 Section 7]

Description of Non Compliance The Facility has not designated a primary DCM for the required training

The remedial measure(s) and date(s) to be completed by are as follows An owner of a UST system shall designate at least one (1) individual who shall be trained in accordance

with subsections (5) and (6) of this section within sixty (60) days of registration as the primary designated

compliance manager (DCM) for the registered UST system A DCM must be assigned within thirty (30)

days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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days of the receipt of this violation [401 KAR 42020 Section 7]

Violations of the above cited statute(s) andor regulation(s) are subject to a civil penalty per day per violation

Violations carry civil penalties of up to $25000 per day per violation depending on the statutesregulations

violated In addition violations may be concurrently enjoined Compliance with remedial measures and their

deadlines does not provide exemption from liability for violations during the period of remediation nor prevent

additional remedial measures from being required

Division of Waste Management

Frankfort Regional Office

200 Fair Oaks Ln 3rd Fl

Frankfort KY 40601

502-564-3358 (800 AM ndash 430 PM)

Richard Thomas

Jon Maybriar Field Operations Branch Manager

Date May 29 2015

Issued By ______________________________

Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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Auction Purchase Contract

AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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AUCTION PURCHASE CONTRACT

This AUCTION PURCHASE CONTRACT (herein CONTRACT) is made and entered

into this the _____ day of October 2015 by and between _____________________________

(hereinSELLERS) and ________________________________________________________

(herein PURCHASER whether one or more) and Schrader Auction Group LLC duly

licensed by the Commonwealth of Kentucky as real estate brokers and auctioneers 175 E Main

Street Suite 325 Lexington Fayette County Kentucky 40507 (herein SELLING AGENT or

AGENT)

W I T N E S S E T H T H A T

SELLERS are authorized to sell and have granted to AGENTS an exclusive contract

authorizing AGENTS to sell the property located at 5569 Briar Hill Rd Lexington Fayette

County Kentucky at Absolute Auction on December 17th 2015 at 1030 AM (Time of Day)

At the conclusion of the absolute auction held the day month and year first above written

____________________________________________________ was deemed the successful

bidder and deemed to be the PURCHASER

For and in consideration of the final bid of $___________________ and a ten percent

(10) Buyerrsquos Premium in the amount of $______________ for a total purchase price of

$______________ and the agreements and covenants contained herein SELLERS do hereby

agree to sell to PURCHASER and PURCHASER does hereby agree to purchase from SELLERS

the property hereinabove described

1 The property is to be sold at absolute auction without reserve in its as is condition

without any warranty or guaranty as to the physical condition of the property or any of the

improvements thereon The property shall include all permanent improvements located thereon

but shall not include any movable personal property

2 The final bid price of $__________________ and the ten percent Buyerrsquos Premium of

$_________________ representing the total purchase price in the amount of $_______________

of the said property is payable as follows

A The sum of $____________________ representing ten percent (10) of the total

purchase price a check for which simultaneously with the execution of this contract shall be

presented to AGENTS for immediate deposit into their escrow account for payment to

SELLERS at the closing of the said property or returned to PURCHASER or to be paid to

SELLERS under other provisions hereof if applicable

B The sum of $_________________ representing the balance of the total purchase

price shall be paid to SELLERS at the closing

3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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3 Closing of this said sale shall be held at the office of Schrader Auction Group LLC on or

before thirty (30) days or at such other location as may be acceptable to both PURCHASER and

SELLERS Time shall be of the essence in closing this sale

4 At the closing SELLERS shall deliver to PURCHASER or his nominee a Special

Warranty Deed conveying title to the said property free and clear of all encumbrances excepting

easements restrictions and conditions of record or as herewith set out and health and zoning

regulations and other governmental regulations if any

5 SELLERS agree to deliver to PURCHASER complete possession of the property at the

time of the closing

6 SELLERS grants to PURCHASER the privilege of rights of ingress and egress prior to

the closing to make such improvements as may be agreed upon by both SELLERS and

PURCHASER

7 All ad valorem taxes for the year _______________ assessed against the said property

are to be prorated to the date of the closing and SELLERS shall pay the transfer tax

8 In the event that the title to the property should prove unmerchantable in the opinion of

the attorney for PURCHASER SELLERS shall be notified in writing of any such defect(s) and

SELLERS shall have thirty (30) days from the receipt of said written notice within which to

correct said defect(s) and this CONTRACT shall be extended accordingly In the event that title

to the said property finally proves unmerchantable then the amount of $_________________

shall be returned to PURCHASER and this CONTRACT shall be declared null and void In the

event the PURCHASER for any reason other than failure of merchantability of title fails to

consummate this CONTRACT SELLERS shall retain the sum of $__________________

herewith deposited as liquidated damages and declare this CONTRACT null and void andor

pursue such other remedies as the law may provide

9 Sellers shall continue to maintain the property and continue insurance coverage until

closing

10 This CONTRACT is binding upon the parties hereto their heirs successors personal

representatives and assigns

11 NO SURVIVAL OR SELLER OBLIGATION The acceptance of a deed by the

PURCHASER shall be deemed to be a full performance and discharge of every obligation on the

part of the SELLERS and the AGENTS to be performed pursuant to this CONTRACT

12 SELLERS agree to pay AGENTS a commission as set forth in a contract granting

AGENTS exclusive right to sell said property at absolute auction

We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________

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We the undersigned have read this CONTRACT and fully understand the contents therein and

understand that this is the complete content of said CONTRACT and acknowledge the receipt of

same Further we acknowledge that we are not relying on any verbal statements or

representations by either the SELLERS or AGENTS

IN WITNESS WHEREOF the parties have hereunto set their hands this the day month and year

first above written

SELLERS

By __________________________

Title ________________________

PURCHASERS

____________________________

____________________________

AGENTS

Schrader Auction Group LLC

____________________________

____________________________