SELLING BY ORDER OF UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF KENTUCKY CASE NO. 20-10854
IMMEDIATE POSSESSION OF THE CROPLAND WITH DOWN PAYMENT AND PURCHASE CONTRACT!!
Malvern Hills Dairy is a fully automated milking operation employing state-of the-art VMS (Voluntary Milking System) technology from DeLaval. The 36,000+/- SF tunnel ventilated free stall facility was constructed in 2017 as a purpose built robotic dairy. Smart gates control cattle movement throughout the entire facility, from free stalls, through the DeLaval milking robots and into the correct pens. A pre-programmed feed pusher keeps cattle rations within easy access reach of the head locks, and three cable scrappers running the length of the free stall facility push manure to a pit where it is pumped to a lagoon.
Malvern Hills Dairy also operates a traditional Double 6 parlor for increased capacity and extra care for heifers in the first few days after calving.
403+/- total acres, with 300+/- tillable(as per FSA), consisting of gently rolling and creek bottom cropland. Applications from the lagoons enhance the fertility and organic matter of the predominately Baxter, Morganfield and Crider soils.
Tractors, tillage and hay equipment, tools, general farm machinery, plus approximately 3,600+/- tons of Brown midrib corn silage (operator estimate) and 100+ rolls of shedded quality mixed grass hay, sell live following the real estate. Complete list and pictures of machinery and equipment to follow.
ROBOTIC MILKING EQUIPMENT AND CONTENTS OF THE ROBOTIC FREE STALL BARN SELLING SEPARATELY AND IN COMBINATION WITH THE REAL ESTATE.
The specialized DeLaval robotic milking equipment, monitoring system and server, smart gates, head locks, foot baths, cooling fans, free stall hoops, automatic feed pusher, manure scrapper, upright bin, etc., in the robotic free stall barn (located on Tract 1) will be sold as individual lots with the option to combination with the real estate via a LIVE ONSITE/ONLINE AUCTION. The date of possession of the robotic facility on Tract 1 will be up to 60 days after closing to allow a Buyer of the dairy equipment the time necessary to remove. The contents of the traditional milking parlor will remain part of the real estate.
SURVEY IN PROGRESS. ACREAGES MAY CHANGE SLIGHTLY FROM THE ADVERTISING EXHIBIT. ALL SURVEY FIELD WORK AND FINAL ACREAGES WILL BE AVAILABLE PRIOR TO SALE DAY.
AUCTION TERMS AND CONDITIONS
BUYER’S PREMIUM: A 7% BUYER’S PREMIUM WILL BE ADDED TO THE HIGH BID OF EACH TRACT TO DETERMINE THE CONTRACT SALES PRICE OF THE REAL ESTATE. A 7% BUYER’S PREMIUM WILL BE ADDED TO THE HIGH BID OF EACH EQUIPMENT LOT TO DETERMINE THE SALES PRICE.
PROPERTY IS OFFERED SUBJECT TO THE SPECIFIC TERMS PROVIDED IN THE PURCHASE CONTRACT. PLEASE READ AND REVIEW THE CONTRACT THOROUGHLY PRIOR TO BIDDING ON ANY PROPERTY. IF YOU HAVE NOT READ AND REVIEWED THE CONTRACT FOR SALE OF THE REAL ESTATE, DO NOT BID.
TERMS AND PAYMENT: THERE WILL BE A DOWN PAYMENT DUE ON THE DAY OF THE AUCTION. The down payment will be 10% of the contract sales price of each tract of the real estate. It shall be submitted as a non-refundable earnest money down payment in the form of a check ( with proper identification), cash, certified funds, or wire transfer on the day of the auction. If it is an internet buyer, the payment must be received by Thomas R. Hunt Auctioneers within 48 hours from the day of the auction. We cannot accept a credit or debit card for down payment. The balance of the purchase prices is due at closing. Purchaser shall be responsible for all wire transfer fees.
PROPERTY SOLD "AS IS": The property is sold without contingencies of any type such as further inspections, usability, or the ability of the buyer to secure financing, and subject to any valid easements. All property is sold “as is”.
Online and onsite auctions are cash sales that are not contingent on or subject to financing, appraisal, survey, or inspections of any kind. Bidders agree to this by registering for the auction prior to bidding, and this is specified in the purchase contract for the real estate. Bidders are encouraged to perform on-site inspections of the real estate prior to bidding in the auction. Failure to do so in no way relieves the buyer of any of the terms or conditions set forth here.
INSPECTION: The real estate may be viewed prior to the auction date by appointment with Thomas R. Hunt Auctioneers, and will be available for inspection one hour before sale time on the day of the auction. Prospective buyers are advised to inspect the property to their satisfaction as it will be sold “as is” with no warranties expressed or implied.
CLOSING: THE CLOSING OF THE REAL ESTATE IS TO BE WITHIN 35 DAYS OF THE DAY OF THE AUCTION PER THE PURCHASE CONTRACT OF THE REAL ESTATE.
TAXES: Real Estate Taxes will be prorated between buyer and seller as of closing date.
POSSESSION: Possession shall be given with the deed.
DEED: GENERAL WARRANTY DEED
AUCTION BID INCREMENTS: The Auctioneer shall determine the bid increments, which may be changed during the auction at his/her discretion.
WHO MAY BID: Any qualified bidder, including the auctioneer and any of the auctioneer's agents, may bid. Likewise, the auctioneer may, under Kentucky law, reject the bid from any bidder deemed unqualified or unfit to bid.
AGENCY: Thomas R. Hunt Auctioneers, Inc. Agents and Representatives are agents of the Seller. Buyer and/or Bidder agrees to hold harmless and indemnify Thomas R. Hunt Auctioneers, Inc and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
AUCTION END TIMES: Thomas R. Hunt Auctioneers, Inc., real estate online auctions are timed events and all bidding will close at a specified time. Thomas R. Hunt Auctioneers, Inc real estate online auctions also have an auto extend feature. Any bid placed in the final 10 minutes of an auction will automatically extend the end time for a period of 5 minutes from the time the bid was placed. Example: if an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend to 6:04. The auto-extend feature remains active until no further bids are received within a 5 minute time frame.
REFRESH YOUR SCREEN CONSTANTLY DURING THE CLOSING MINUTES OF THE AUCTION TO KEEP UPDATED ON THE BIDDING.
SERVER SOFTWARE AND TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Thomas R. Hunt Auctioneers, Inc reserves the right to extend bidding, continue the bidding, or close the bidding.
NEITHER THE COMPANY PROVIDING THE SOFTWARE NOR THOMAS R. HUNT AUCTIONEERS, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERTY FOR ANY REASON. EMAIL NOTIFICATIONS WILL BE SENT TO REGISTERED BIDDER WITH UPDATED INFORMATION AS DEEMED REASONABLE BY THOMAS R. HUNT AUCTIONEERS, INC.
AUCTION BIDDER DEFAULT: A successful bidder not executing and returning the contract with earnest money deposit within 48 hours of the conclusion of the auction will be considered in default. In the event a winning bidder fails to submit the signed Contract for Sale of Real Estate and earnest money deposit within the allotted time, the winning bidder will be charged a penalty of no less than 5% of the winning bid. Any legal remedy available may be used to collect these charges. Additional default remedies are reserved by Thomas R. Hunt Auctioneers, Inc and the Seller as provided in the Auction Terms and Conditions and the Contract for Sale of Real Estate. Thomas R. Hunt Auctioneers, Inc. reserves the right to sell to the second highest bidder in the event the successful high bidder does not comply with the terms of the sale
AUCTIONEER'S NOTE: All information contained on the website, advertising, and all related materials should be verified by all interested parties. All interested bidders are responsible for conducting their own independent inspections and tests.
DISCLAIMER: Information contained herein was obtained from sources deemed to be reliable. However, neither, the auctioneers, agents, nor the Seller shall be responsible for any errors or omissions herein.
Announcements made the day of the sale shall take precedence over any prior advertising or other information.
Any dispute between Thomas R. Hunt Auctioneers, Inc its Agents, or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Warren County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions set forth.
FOR MORE INFORMATION OR QUESTIONS, YOU MAY CONTACT THOMAS R. HUNT AUCTIONEERS AT (270) 782-2299.