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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________
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
____________________________
____________________________