Page A-08 October 25, 2023.qxp_Layout 1 10/24/23 2:41 PM Page 1(Published in The Rush County News on Wednesday, October 25, 2023.)1tWHAT YOU GET IF YOU PURCHASE PROPERTY RUSH COUNTY NEWS Wednesday, October 25, 2023 Page A-8PUBLIC NOTICE 2. 3. 4. RUSH COUNTY TAX FORECLOSURE SALE OCTOBER 31, 2023 AT 10:00 A.M. ANNOUNCEMENT The real estate tax foreclosure auction is scheduled for the 31st day of October, 2023 at 10:00 a.m. for the purpose of selling those properties which are delinquent on taxes and have not been redeemed. The following is the procedure for the tax sale: 1. WHO IS PROHIBITED FROM BIDDING A. If you have questions or unsure as to the prohibition on who can or cannot purchase real property, you need to consult with a private attorney because you will be signing an affidavit which states that you have sworn or affirmed that you are legally permitted to do so. The Kansas Statutes prohibits certain persons from purchasing real property at a tax sale. The following persons CANNOT PURCHASE PROPERTY AT THE TAX SALE, EITHER DIRECTLY OR INDIRECTLY: 1. 2. 3. 4. Any person having the right to redeem real property in the tax sale. In other words, if any of your real property is in the tax sale then you are prohibited from purchasing any real property in the tax sale. K.S.A. 79-2804g(a)(1). Any parent, grandparent, child, grandchild, spouse, sibling, trustee, or trust beneficiary of any person as described in paragraph A. In other words, no relative, to this degree, can bid for you on your real property that you are prohibited from bidding on. The relatives, to this degree and other relatives can bid on all other property in the tax sale. This statute also applies to Trusts. K.S.A. 79-2804g(a)(2). With respect to a corporation owning real property in the tax sale, no current or former stockholder, current or former officer or director, or any relatives, to the same degree as in paragraph B, who are related to any current or former director. or stockholder, K.S.A. 79-2804g(a)(3). current former officer or If a person is the record owner of real estate upon which there is delinquent real estate or delinquent special assessments in existence at the time of the tax sale, the person cannot bid. If you owe delinquent real estate property or special assessments taxes when the sale starts, you cannot bid at the tax sale, even though the taxes due are not on real estate in this tax foreclosure sale. K.S.A. 79-2812 PROHIBITION ON TRANSFER OF REAL PROPERTY BOUGHT K.S.A. 79-2804g(c) provides that if any real property purchased at this tax sale is transferred, sold, given or otherwise conveyed to any person who had a statutory right to redeem such real property, within ten (10) years from the date of the public auction, the person who had the right to redeem such property shall be liable for an amount equal to the original judgment lien and interest therein from the date of the public auction. In other words if you cannot purchase real property at the tax sale, you cannot have real property from the tax sale conveyed to you from a buyer at the tax sale within 10 years from date of the tax sale without the above stated penalty. AFFIDAVIT REQUIREMENT The purchaser will be required to sign an affidavit affirming that he/she is not purchasing the property in violation of K.S.A. 79-2804g and all other statutes. BID AMOUNT The minimum bid is $75.00. The high bidder will be the purchaser of the property. A. After the sale is confirmed by the District Court, the Sheriff will file with the Register of Deeds a Sheriffs Deed. When the Deed is filed, it vests in the purchaser, as against all persons, including but not limited to, corporations and municipal corporation which were parties to the proceedings, a fee simple title, subject to only valid covenants running with the land and valid easements of record, in use and subject to taxes and interest which have become a lien thereon, subsequent to the date on which the judgment was rendered. The Deed is prima facie evidence of the regularity of the proceedings prior to the date of filing of the same for recording. K.S.A. 79-2804 THIS IS NOT A WARRANTY DEED; a Sheriffs Deed is similar to a Quitclaim B. Deed. C. The Sheriffs Deed will be based upon the legal description. The legal description is what is being conveyed in the tax sale. If the legal description and the common description differ, the legal description controls. The purchaser purchases the property described in the legal description. The D. County does not warrant that any personal property on the property stays with the property. For example, if there is a mobile home on a lot on which you are bidding, the mobile home may or may not be conveyed. You will need to seek advice of your attorney regarding this issue. E. All property is sold in its present condition, as is, with no warranties of any kind, either express or implied, conveyed by this sale. There are no warranties of any kind as to title, other than as set forth by statute, K.S.A. 79-2804. If the real estate is not sold at the tax sale, the ownership remains with the present F. owner of record. G. Whoever purchases property at the real estate tax foreclosure sale is responsible for the 2023 property taxes and special assessments and for all subsequent years. Taxes through 2022 are included in the sale. HOW THE SALE WILL BE CONDUCTED A. All bidders must register and obtain a number to be used during the auction. All bidders must be at least 18 years of age and must provide a valid photo drivers license or identification card. Do not register under any name but your own. List your current mailing address for mailing tax statements. Anyone wishing to register as a Corporation or other legal entity other than an individual must have approval from the County Attorney, which will require full disclosure of partners, officers, directors and stockholders to determine eligibility. The auction will proceed in the numerical sequence of tracts which have not been B. redeemed. The lower numbered tracts will sell first and the higher numbered tracts will sell last. If you are the successful bidder, you will first sign an affidavit which indicates that C. you are not buying the property, for yourself or others, in violation of state statutes. After signing the affidavit, you will be required to make a payment in full for the price which you have bid in addition to the filing fee for the Register of Deeds office. The filing fee is $38.00 ($21.00 for the first page and $17.00 for the second page.) An example of your transaction, if you buy a property for $150.00, you must pay $188.00 before you receive your Certificate of Purchase. TERMS OF PAYMENT: The Clerk of the District Court will accept either D. CASH, MONEY ORDERS, PERSONAL CHECKS WILL BE ACCEPTED. NO DEBIT OR CREDIT CARDS WILL BE ACCEPTED. The sale is not valid until the purchase price is paid in full. All checks will be deposited immediately by the Clerk of the District Court following the sale. You will then receive a Certificate of Purchase which evidences your purchase of E. the property. F. After the Sheriff sale, the sale must be confirmed by the District Court of Rush County. After the District Court of Rush County, Kansas confirms the sale, the Sheriff is directed to prepare Sheriff Deeds. The Sheriff executes those deeds and delivers them to the Register of Deeds, where they are filed of record. It is imperative that, at the time of the purchase, you give the Clerk of the District Court a valid address. Expect four to six weeks before the Court approves the sale and your deed is filed. G. REGISTRATION WILL START at 9:00 a.m. 5. 6. TAMMY CARLSON – HAPPY HOLLOW DESIGNSRETIRING AFTER 30 YRS. IN INTERNATIONAL DESIGN BUSINESSWED. OCT. 25TH 9AM-6PM, SAT. OCT. 28TH & SUN. OCT. 29TH 9AM-4PM2478 CR 290 • BISON, KS4 MI EAST OF LACROSSE HWY. 4 (CASEY’S)& 1.5 MI NORTH - FOLLOW THE SIGNSFURNITURE / HOUSEHOLD HOME DECOR / COLLECTIBLESFURNITURE: 9 WOOD CHAIRS W RATTAN SEATS & BACKS - PIANO STOOL - ACCENT ROUND TABLE - 2 PURPLE CHAIRS - 3 PIECE SETTEE - WOOD CABINETS / DECO CABINETS / SHELVING - METAL RACKS - WOOD SHUTTERS - WOOD STOOLS - PIECE OF WHITE PICKET FENCING - METAL KITCHEN STOOL - DOLL HIGHCHAIR - WOOD HIGHCHAIR - LAMP - ANTIQUE MEASURING WHEEL - IRONING BOARDS / WOOD / MINIATURE. HOUSEHOLD: PIONEER RECEIVER SX - 1000 / SPEAKERS - GUITAR CASE - VHS PLAYER / SPEAKERS - PLASTIC DISPLAY RACKS / SPINDLES - GAMES - DESIGN COLORING BOOKS - BEVERAGE DECANTERS - GLASSWARE - LOTS SMALL ITEMS. HOME DECOR: FRAMES - PRINTS - SWAGS - GARLAND - FLORALS - TIN ITEMS - BASKETS - LG TERRA COTTA PUMPKINS - HUNTING / FISHING DECOR - WOOD ITEMS. SEASONAL ITEMS: SPRING - SCARECROWS - WITCHES - TIN PUMPKINS - SPIDERS - CROWS - DECORATED BTLS - HALLOWEEN - PUMPKINS - LIGHTED WOOD INDOOR / OUTDOOR PUMPKINS - SM BXS HALLOWEEN LIGHTS - PUMPKINS. COLLECTIBLES: VINTAGE DOLL CASES - WIZARD OF OZ COLLECTION - BARBIES - ADVERTISING ITEMS - RAGGEDY ANN & ANDY - JIM SHORE ITEMS - SMALL CASES - CAMPBELL SOUP PATRIOTIC PLATESTAMMY’S DESIGNS FABRIC / NOVELTY / CRAFTSTAMMY’S DESIGNS: PATTERNS DESIGNED BY HAPPY HOLLOW DESIGNS - PATTERNS - PATTERNS - PATTERNS - PATTERNS - PATTERNS PLUS W ACCESSORIES - STITCH BY NUMBER FOUNDATION PIECING - ORNAMENT KITS COMPLETE WITH FABRIC - TABLE TOPPERS - SEWING MACHINE COVERS - WALL HANGINGS - PILLOWS - WREATHS - TREE SKIRTS - ORNAMENTS - STICK FIGURES - RUNNERS - MAKE IT YOURSELF PROJECTS - DIGITAL FABRIC - DESIGNER FABRIC PANELS - RUDOLPH THE REINDEER SERIES - CATS - CHICKENS - NORTH WOOD MOOSE SERIES - SCARECROWS - PUMPKINS - WITCHES - SNOWMEN - SANTA’S - REINDEER. ASSORTED BUTTONS: NOVELTY HOLIDAY - EXCLUSIVE LINE CANADIAN WILDLIFE BUTTONS - CHUNKEE ENGRAVED WOOD BUTTONS - ABALONE IRIDESCENT - EARTHENWARE - PLASTIC. FABRIC: MODA SOLD BY BOLT - SCRAP PIECES FROM 4 YDS. - 1/2 YD. - PRECUT SQUARES / STRIPS - PRE SEWN HALF SQUARE TRIANGLES - PIANO KEY BORDER - FUSIBLE QUICK GRID - BULK FUSIBLE STABILIZER 60” ROLLS - QUILT BACKING 60” WIDE / 250 YD. ROLLS - 45” DESIGN CHENILLE / BOLT 6 YD. NOVELTIES: JUTE - SEWING ITEMS - EMBROIDERY THREAD - FLOSS - BLING TRIM - RICK RACK - SM WOOD SPOOLS - CRAFT ITEMS - CRAFT BOA’S - BULK RIBBON.MISCELLANEOUS ITEMSOLD IRON SICKLE MOWER - MASSEY HARRIS GRAIN CART - FENCING ITEMS - BOB WIRE - WATER PUMP - FUEL BARREL W STAND 500 GAL. - WATER TANK W/ TAP VALVE / 500 GAL. - BUCKET CALF MILK BOTTLE HOLDERS - SNOW PLOW W ATTACHMENT - TOPPER GLASS SIDE WINDOWS / FITS 8 FT BED - CHROME WHEELS / CHEVY / CV 2016 / 5 LUG / 17” - TIRES / 7.50 - 16 LT 4 WHEELERS / NEEDS WORK / BAYOU 220 / XPLORER POLARIS - DIXON EAGLE SPORT 1850 / 18 HP V TWIN DHV / VANGUARD BRIGGS & STRATTON 51” CUT. BICYCLES: MT SPORT SX / MONGOOSE XR-15 / MONGOOSE EXCURSION / HOT WHEELS CHILD’S BIKE - HELMET - ELFIN EXPRESS WAGON - JOHN DEERE WAGON - HITCH - HOMEMADE TRAIN CAR - FIRE PIT - 100 LB. PROPANE BOTTLE - NEW TRAILER TIRE / 4 BOLT RIM 4.80 X 12 - 1954 DOOR GLASS PICKUP / TRUCK - 4 GOLF CART HUB CAPS - 4 NEW FORD PICKUP MUD FLAPS - ATV SPRAYER W BOOMTHIS IS THE FIRST OF TWO SALES3 DAY SALE • NOT AN AUCTION • ALL ITEMS PRICED & READY TO SELLNO EARLY SALES / VIEWING / PRICING • CHECK US OUT ON FACEBOOKMORE INFORMATION CONTACT LINDA785-222-6746 • twistedsistersest@gmail.comThe actual auction will be conducted by the Rush County Sheriff, Ward Corsair. Afterwards, there will be a table set up for you to sign your affidavit, pay your money and receive your Certificate of Purchase. If you intend to bid on property, you will need to do your own research on the property you intend on purchasing. It is important that you realize that if you buy a property, you are buying it in its present condition, as is, with no warranties of any kind, either express or implied, conveyed by the County. The County is simply selling property for unredeemed taxes as authorized by statute. The County at no time is involved in the chain of title on any of the properties being sold at today’s sale. The procedure of the sale is subject to change the day of the sale. Tony W. Rues Rush County Attorney The Walnut Creek Basin Annual Meeting Will be held on Wednesday, Nov. 8, 2023 At Greg’s Sports Pub & Grub in Rush Center Beginning at 6:30 p.m. with a meal Meeting at 7:30 p.m. William Nusser of Simmons and Simmons Inc. Election of Directors Help Us Protect Your Walnut Valley Water Bernard Juno, President RSVP No Later Than November 1, 2023 To Tim Boxberger at Farmers Bank and Trust in Albert 620-923-4212 Dues of $25.00 for Walnut Creek Basin Membership may be sent to Tim Boxberger c/o Farmer's Bank and Trust, PO Box 100, Albert, KS 67511 Please make sure to RSVP so that we get an accurate head count for the meal