TABLE OF CONTENTS. 1. Answers to Questions. 2. Terms of Sale. 3. Purchase and Sale Agreement. 4. Instructions to Escrow Holder. 5.

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1 Welcome le Av e E Kump Ave k 19 6 Oa St Downtown Bonner Springs, KS El m St 199 October 21, 11 A.M ta ve 1 9 es W Fo r , Sq Ft Mall AND almost two acres commercial ground t nt S Fr o , Ac 83 6 Bonner Thriftway , Ac , St E REAL ESTATE AUCTION FRI., OCT., 21, 11:AM 19 3 t ds 3r W d ra ve 2n da Ce St k Oa /l m m/l Ac ToThe Chance of a Lifetime d 3r 6 St M ap E utt Allc Ave Apartments Ac Ac 8 Ac VIEWING: Fri. Oct 14, 11 to 1:PM One hour before auction Or call anytime for appointment 2, 8 o Fr nt St

2 TABLE OF CONTENTS 1. Answers to Questions 2. Terms of Sale 3. Purchase and Sale Agreement 4. Instructions to Escrow Holder. County Tax Sheet 6. County Parcel Map. Dollar General Lease 8. Title Commitment (separate doc on web) 9. Summary of Improvements 1.Agency Disclosure

3 Answers to Commonly Asked Questions Why is this property being sold at auction? The owners of this property are no longer in the grocery business. They have directed that the property be sold immediately. Rather than a long wait with a sign on the property they have directed that the property be sold at auction and close in thirty days. What are the terms of sale? SELLERS GUARANTEE CLEAR TITLE. A copy of the Title Commitment is in your Bidders Packet. THERE IS NO FITNESS GUARANTEE. It is up to the buyer to determine the condition of the property. THERE IS NO FINANCING CONTINGENCY. You must close on the property within 3 days. BUYER S PREMIUM A 1% Premium on the high bid is paid by you the Buyer as a share in the cost of the transaction. It is added to your high bid to determine the Purchase Price paid to the seller. TO BE ELIGIBLE You must register by simply producing positive identification and by signing the Terms and Conditions Agreement. As the winning bidder you simply sign the Purchase and Sale Agreement and the Instructions to Escrow Holder and submit your earnest deposit check. Copies of all three documents are in the Bidders Packet. The owners have the right to accept or reject bids below $1,. Property sells regardless of price above this level. All offers welcome Who can bid at the auction? The bidding is open to anyone. All bids are open and oral. To submit a bid simply raise your hand or shout out to the auctioneer. What can I expect to pay at the auction? What will the property sell for? The final price is up to the bidders. Everyone has the same opportunity to buy this property.

4 TERMS OF SALE 1. Down Payment: In order to obtain a bidder number, the prospective bidder must show positive identification and acknowledge this agreement. If bidder is successful Bidder agrees to tender a check or cash in the amount of $1,, which shall be deposited into Kansas Secured Title Insurance Co. escrow account at knockdown. The balance is due and payable at closing on or before the first business day after thirty days from auction date. Time is of the essence. 2. Bidder agrees to accept the property in its present existing condition without warranty by the sel ler or the Auctioneers. 3. Plats shown and descriptions of any improvements are for information purposes only and no representations, warranties or guarantees are made concerning locations, dimensions, or tract size or nature, quality or suitability for use of the tract for any improvements. 4. Seller will provide a survey for any tract where there is no existing legal description. Any need for a new survey shall be determined solely by the Seller. The type of survey performed shall be at the seller s option and sufficient for providing a legal description for title insurance. Discovered acreage inaccuracies will be reflected in contract price adjustment.. Keys to property will be provided at closing if available but are not guaranteed by Seller. No access to the property is allowed until closing. 6. The property shall transfer by General Warranty or similar viable Deed, subject to any zoning, environmental protection and other municipal, federal and state laws or facts, which an accurate survey and/or inspection of the tract being sold might show.. At knockdown, the high bidder shall immediately enter into a Purchase and Sale Agreement and execute the Instructions to Escrow Holder. By registering Bidders acknowledge having reviewed the Purchase and Sale Agreement and the Instructions to Escrow Holder online at and posted at the auction. Failure of successful bidder to sign the documents described on day of auction shall result in immediate default, and immediate forfeiture of all down payments. 8. It is clearly understood and agreed by both the Buyer and Seller that the Auctioneer and Broker represent the Seller only. 9. A 1% Buyer Premium will be added to the high bid to determine the final Purchase Price. 1. The highest approved bidder to be the Buyer. In all cases of disputed bids, the property shall be resold, but, auctioneer will use his judgment as to good faith of all claims and his decision is final. 11. All bidders are required to register and give full identification prior to the beginning of the auction and are required to use the number issued to them when identifying themselves as the successful bidder. 12. Should a dispute arise after the auction, Auctioneers records shall be conclusive in all respects.. This is a privately owned and operated auction. We reserve the right to refuse admittance to any person(s). No transfer shall be recognized from one buyer to another. Auctioneer reserves the right to waive auction formalities. 14. Bidder agrees and understands that all costs of closing, recording, transfer taxes or fees, sales taxes and other taxes due (except real estate taxes due prior to the closing date which will be paid by the seller) title insurance issuance costs and any other costs of the transaction will be paid by the buyer. 1. Bidder agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms of Sale or in case of default, including, without limitations, reasonable attorney fees, any dollar deficiencies which may result from the resale of the property, the cost of re-marketing said property and commission due Auctioneers on the property resale. 16. Bidder agrees to the above Terms of Sale of the auction prior to receiving a bid card. 1. The above stated Terms of Sale cannot be altered except in writing by all parties of the contract, or by verbal changes to terms given by Auctioneer at the time of auction. 18. Bidder does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to person or property of any type whatsoever, caused during the auction. I acknowledged these terms. Buyer Date Seller

5 Purchase and Sale Agreement INCORPORATED PARTIES TO CONTRACT: This Agreement made today October 21, 216 between Hometown Thriftway, L.L.C., And Buyer, collectively Parties. 1. MERCHANTABLE TITLE AND CONVEYANCE: The Seller agrees that if the Buyer will first make the payments and perform the promises agreed to be performed by the Buyer in this agreement, the Seller will convey to the Buyer the fee simple, clear of all encumbrances whatsoever (except those mentioned here and except all covenants, conditions, restrictions, special assessments and easements of record) by a General Warranty Deed or similar viable instrument to the following described real estate located in the County of Wayndotte and the State of Kansas, 12 Oak Street, Bonner Springs, KS CONSIDERATION: The purchase price is the high bid of $ Dollars, plus a 1% Buyers Premium and plus a Buyers Agent Fee (if any) of for a total purchase price of which the Buyer agrees to pay as follows: $1, deposit, at the signing of this contract, the receipt of which is hereby acknowledged by the Seller and which is deposited in the escrow account of Secured Title Insurance Co. in accordance with the Instructions to Escrow Holder as part of the consideration of the sale; the balance to be paid at closing. 3. TITLE INSURANCE AND CLOSING COSTS: Seller has furnished an Owners Title Insurance Policy Commitment which is attached, and Buyer has examined the Commitment and is satisfied with the same. The Seller specifically agrees that all requirements made by the Owners Title Insurance Policy Commitment except for Dangerous Building remedies and building code violations will be met by the Seller and at the Sellers own cost. The Parties hereby further agree that all costs for the issuance of the Title Insurance Policy itself, closing or other fees charged by the Escrow or Title Company, recording fees, transfer taxes or any other related expense, and the costs of extending the Title Policy to lenders or others will be entirely the cost of and paid for by the Buyer. 4. CLOSING DATE: It is understood and agreed that the earnest money, a copy of the agreement and a properly executed deed to this property will be immediately placed in escrow with Escrow Company named above and all deferred payments (except encumbrances assumed) are to be paid through the escrow holder.(closing by the Buyer will be evidence of Buyer's acceptance of the property in its condition on closing without further warranty by the Seller). Possession is to be given on closing. Closing is to be on or before November 21, TAXES AND ASSESSMENTS: It is understood and agreed that the Seller is to pay the taxes and assessments, if any, for the previous year and all previous years, and taxes and assessments, if any for the current year shall be prorated between Seller and Buyer as of the date of possession by Buyer, based on the calendar year and most current tax year and mill levy available. However, in the event that improvements or special benefits have been made on or to the above described real estate since the date of assessment of taxes for the preceding year, then such pro-ration shall be on the most current estimates of assessed value, mill rate and special assessment available at closing date. The Buyer is to pay all taxes and assessments that may be levied or imposed as of the date of closing. 6. DEFAULT BY BUYER: In the case of failure of the Buyer to make the payments or perform any of these agreements, this contract, including the deposit, shall, at the option of the Seller, be forfeited and determined, and the Buyer will forfeit all payments made on this contract, and those payments will be retained by Seller. Seller may pursue additional legal remedies as called for in the Terms and Conditions for Real Estate Auction, the terms and provisions of which are incorporated into this Agreement by reference thereto.. DELIVERY OF PROPERTY: It is agreed that the property shall be in-at least as good a condition on the date of delivery of the deed as it is on the date of this agreement, ordinary wear and tear excepted. 8. MECHANICS LIENS: All bills for work done and materials furnished to the property incurred before possession date, which might attach to the property as a lien, will be paid in full by Seller by the date of closing. 9. MERGER CLAUSE: The terms of this Contract are intended by the parties as a complete, conclusive, and final expression of all the conditions of their Contract. No other promises, statements, warranties, agreements, understandings, oral or written,

6 made prior to or the signing of this Contract with the exception of Instructions to Escrow Holder and Terms and Conditions of Sale, both signed by the parties, attached hereto and incorporated by reference into this agreement, shall be binding unless in writing and signed by all parties and attached hereto. 1. LEAD PAINT DECLARATION: The Buyer specifically waives the Federally mandated waiting period for the determination of the presence of lead paint. 11. LEGAL AND TAX COUNSELING: Both parties acknowledge the opportunity to obtain legal and tax counseling to review this agreement. This Agreement contains the entire agreement between Buyer and Seller regarding the property and the duties of each. 12. TIME IS OF THE ESSENCE: Time is the essence of this agreement.. AGENCY DISCLOSURE:.1. Bill Fair represents SELLER..2. represents BUYER..3. Commission will be paid by Seller to Bill Fair and Company. Cobrokerage considerations are addressed in a separate written document titled Aucton Buyer Referral Agreement..4. BUYER and SELLER acknowledge that agency disclosure was made prior to contract and that all information given to an agent for the other party will be disclosed to that party. 14. AGENCY ALTERNATIVES DISCLOSURE: Buyers and Sellers acknowledge a receipt of a copy of the State Real Estate Commissions brochure describing Agency alternatives. 1. CONTRACT BINDING: It is mutually agreed that all these agreements extend to and be obligatory upon the heirs executors, administrators and assigns of the respective parties. 16.Kansas law requires persons who are convicted of certain crimes, including certain sexually violent crimes, to register with the sheriff of the county in which they reside. If you, as the buyer, desire information regarding those registrants, you may find information on the homepage of the Kansas Bureau of Investigation (KBI) at or by contacting the local sheriff s office. Everybuyerofresidentialrealpropertyisnotifiedthatthepropertymaypresentexposuretodangerousconcentrationsofindoor radon gas that may place occupants at risk of developing radon-induced lung cancer. Radon, a class-a human carcinogen, is the leading cause of lung cancer in non-smokers and the second leading cause overall. Kansas law requires sellers to disclose any information known to the seller that shows elevated concentrations of radon gas in residential real property. The Kansas department of health and environment recommends all home-buyers have an indoor radon test performed prior to purchasing or taking occupancy of residential real property. All testing for radon should be conducted by a radon measurement technician. Elevated radon concentrations can be easily reduced by a radon mitigation technician. For additional information, go to 1.Buyer and Seller both declare and acknowledge that one or the other may wish to perform a tax-deferred exchange pursuant to Section 1 of the Internal Revenue Code. Buyer and Seller agree to cooperate and do everything necessary to effect a 1 exchange as defined by law and tax code governing such exchanges, provided that neither incurs cost or liability on account of the other party. 18. Buyers declare and Seller acknowledges that will be in title. 19. Seller hereby declares property IS/IS NOT subject to special tax assessments. Estimated amount $. In the construction of this agreement, the use of the singular shall include the plural, and the use of the masculine shall include the feminine. Seller Buyer Seller Buyer

7 INSTRUCTIONS TO ESCROW HOLDER (Release of Earnest Money Deposit) SELLER: Hometown Thriftway, L.L.C. BUYER: PROPERTY: 12 Oak Street, Bonner Springs, KS 6612 CONTRACT DATE and DATE OF THIS AGREEMENT: October 21, 216 BUYER and SELLER agree as follows: 1. The conditions of the Auction Sale are final and may not be changed. 2. BUYER has deposited $1, ( Earnest Money Deposit ) with Kansas Secured Title ( Escrow Holder ) to be held in escrow and applied to the purchase price at the closing of this transaction. 3. In the event BUYER fails to perform its obligation to close or otherwise defaults on the Contract of Purchase and Sale and upon written certification by the Auctioneer, the Earnest Money Deposit will be forfeited to the Auctioneer and distributed as called for in the Real Estate Listing agreement.. Escrow Holder may conclusively rely upon Auctioneer s Certification and instructions and will require no further evidence to disburse the Earnest Money Deposit. 6. Auctioneer s Certification may not be countermanded by BUYER. However, BUYER reserves any and all rights and claims it may have to bring suit against SELLER in regard to the sale of the property.. BUYER and SELLER hereby instruct Escrow Holder to perform as called for in this contract and the listing agreements and further release and agree to hold Escrow Holder harmless from any and all liability should any dispute arise regarding the release of the Earnest Money Deposit. CAREFULLY READ THE TERMS HEREOF BEFORE SIGNING. WHEN SIGNED BY ALL PARTIES, THIS DOCUMENT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. SELLER SELLER BUYER BUYER

8 OWNER NAME AND MAILING ADDRESS HOMETOWN THRIFTWAY LLC 112 OAK AVE BONNER SPRINGS, KS 6612 PROPERTY SITUS ADDRESS 12 OAK ST Bonner Springs, KS 6612 LAND BASED CLASSIFICATION SYSTEM Function: Activity: Ownership: Site: Neighborhood s Sfx: Goods-oriented shopping Private-fee simple Developed site - with building GENERAL PROPERTY INFORMATION Prop Class: C Commercial & Industrial - C Living Units: Zoning: C-1 Neighborhood: 91.C 91.C Economic Adj. Factor: Map / Routing: 1984 / 643 Tax Unit Group: 11-Bonner Springs - 11 TRACT DESCRIPTION TIBLOW & 1914, S29, T11, R23, ACRES 1.92, B6 SE 4FT L3, ALL L4 TO L2, SE 4FT L21, VACATED R/W ADJACENT, LESS.34 TO ROAD Topography: Utilities: Access: Fronting: Location: Parking Type: Parking Quantity: Parking Proximity: No Image Available Image Date: Parking Covered: Parking Uncovered: 12/8/23 PROPERTY FACTORS Above Street - 2 All Public - 1 WYCAMA2 Property Record Card Parcel ID: Quick Ref: R2921 Tax Year: 216 Run Date: 9/16/216 2:3:6 PM Paved Road - 1, Sidewalk - 6 Major Strip or CBD - 1 Central Business District - 1 Off Street - 1 Abundant - 3 On Site - 3 Date 9/24/214 1/8/2 4/6/21 Number Cls C Total INSPECTION HISTORY Time Code Reason Appraiser 11:3 AM 1 Sale_IR JAS 8: AM IOR JLB 1:1 PM 1 FC JEB Land Building Total Cls Land Building Total 118,64 28,6 3,4 C 118,64 24,6 38, 118,64 BUILDING PERMITS Amount Type Issue Date Status % Comp 216 APPRAISED VALUE 21 APPRAISED VALUE 28,6 3,4 Contact Frank Lance Code Total 118,64 24,6 38, MARKET LAND INFORMATION Method Sqft Type AC/SF Eff FF Depth D-Fact Inf1 Fact1 Inf2 Fact2 OVRD Rsn Cls Model Base Size Base Val Inc Val Dec Val Value Est 1-Primary Site ,6 91.C 6, ,64 Total Market Land Value 118,64 Page : 1 of 2

9 WYCAMA2 Property Record Card Parcel ID: Quick Ref: R2921 Tax Year: 216 Run Date: 9/16/216 2:3:6 PM GENERAL BUILDING INFORMATION LBCS Structure Code: 21-Nbhd shopping center(convenience w1 or more Bldg No. & Name: 1 THRIFTWAY/DOLLAR GENERAL Identical Units: 1 No. of Units: 1 Unit Type: MS Mult: MS Zip: Units: BR Type: Baths: APARTMENT DATA IMPROVEMENT COST SUMMARY CALCULATED VALUES FINAL VALUES Building RCN: 2,99,61 Cost Land: 118,64 Value Method: INCOME Mkt Adj: 1 Eco Adj: Cost Building: 122, Land Value: 118,64 Building Value: 14,98 Cost Total: 241,41 Building Value: 28,6 Other Improvement RCN: 16,28 Income Value: 3,4 Final Value: 3,4 Other Improvement Value: 1,9 Market Value: Prior Value: 38, MRA Value: BUILDING COMMENTS COMMERCIAL BUILDING SECTIONS & BASEMENTS Sec Occupancy MSCIs Rank Yr Blt Eff Yr Levels Stories Area Perim Hgt Phys Func Econ OVR % Rsn Inc Use Net Area Cls RCN % Gd Value Neighborhood Shopping Ctr C / 1 12, ,281,92 64, Neighborhood Shopping Ctr C / 1 9, ,1 4,93 OTHER BUILDING IMPROVEMENTS No. Occupancy MSCIs Rank Qty Yr Blt Eff Yr LBCS Area Perim Hgt Dimensions Stories Phys Func Econ OVR% Rsn Cls RCN %Gd Value Outbuildings P ,9 1 16, Outbuildings C , 26 1, Outbuildings C , Outbuildings H , COMMERCIAL BUILDING SECTION COMPONENTS Sec Code Units Pct Size Other Rank Year Warmed and Cooled Air Wet Sprinklers 12, Concrete Block Canopy, Retail Wood Frame 1, Loading Dock, Concrete Warmed and Cooled Air Concrete Block Canopy, Retail Wood Frame 62 OTHER BUILDING IMPROVEMENT COMPONENTS No. Code Units Pct Size Other Rank Year 1 83-Paving, Asphalt with Base, Pole Light, Incandescent 24 ft Light, Incandescent Additional Fence, Chain Link 38 Page : 2 of 2

10 Map Changed. Center latitude: 39 North. Center longitude: West. Visible Features: 16 features visible on Parcel IDs. 41 features visible on Detailed Roads. 3 features the new visible on DOTMAPS Railroads. 1 features visible on Municipal Boundaries. 1 features visible on Municipal Labels. 16 features visible on Parcels. Search features visible on Unplatted Parcel. 148 features visible on Platted Parcel. 2 features visible on Parks. 1 features visible on Rivers. 11 features visible on Buildings. Description LANDSWEB Parcel: 1984 State ID: Quick Ref: R2921 Sqft: Acre: HOMETOWN THRIFTWAY LLC 12 OAK ST BONNER SPRINGS, KS 6612 Geocortex Viewer for HTML.pdf Saved to Dropbox Jun 9, 216, 1:3 AM I want to... Details Parcel 1984 Property Address 112 OAK ST 12 OAK ST Owner Name & Mailing Address HOMETOWN THRIFTWAY LLC, 112 OAK ST BONNER SPRINGS, KS Base Maps 1m Unified Government Esri., Inc., City of Naperville

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18 Real Estate Auction 12 Oak Street Downtown Bonner Springs, KS October 21, 11 A.M. 21, Sq Ft Mall on almost Two Commercial Acres Sprinkled Retail Building, loading docks, lighted asphalt lot Good Long Term Tenant Dollar General produces income from 1/3 of building All fixtures from closed grocery included in sale price Easily divisible building with multiple possible uses, widely known high profile location VIEWING: Friday October 14, 11 AM to 1 PM, one hour prior to auction or by appointment. TERMS: $1, down day of sale, close in 3 days. Seller guarantees clear title. Photos and due diligence online at FAIR BILL & C OMPANY THE Auctioneers billfair.com

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