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t• - <br />d. The master bedroom upstairs, hot tub room, and bath as well as one of the <br />bedrooms and bath on the main level have been locked and unavailable for viewing until <br />recently; <br />e. A large semi-truck trailer with flat tires has been parked in the yard of the <br />main house and furniture is being moved into it <br />f. No "for sale" signs are posted except one on the south side of the house, <br />invisible from any of the roads abutting the property. There is also nothing guiding people in[o <br />the property from the neares[ public road which is one half mile to the west; <br />g. Newspaper advertising has been minimal. <br />8. It is important to note that while the repair problems are disconcerting to potential <br />buyers, they are largely cosmetic and not structural in nature, as is verified by D4r. Medina's <br />appraisal. The expenditure of relatively small amounts of cash to clean up the interior of the <br />house could pay real dividends in terms of offers made. For this reason, Ms. Fehr is willing <br />to advance all or part of the cost of cleaning up the property sufficiently to make it presentable, <br />provided that the amount involved is reasonable and is fully secured on a priority basis perhaps <br />drawing interest at an appropriate rate. <br />9. It also appears from the appraisal report that no effort has been made to value the <br />property as an ongoing, conunercial enterprise, directed toward extracting sand, gravel, ball park <br />mix, or topsoil for sale. During their tour of the property, Mr. and Mrs. Fehr were shown <br />several piles of ball park mix that remain on the property. These have a commercial value, as <br />was shown during the trial of Ms. Fehr's proof of claim, yet will apparently pass to the buyer <br />without any additional price being charged. Also, "mineral righu" will go to the buyer under <br />the sales contract, without any real evaluation of what these rights may be worth. <br />10. This property has been marketed only for a little over three months in advance <br />of the January 7, 1997 sales date. The unsecured creditors have waited for two or more years <br />for any payments; Ms. Fehr first discovered the removal of topsoil from her land in 1993. <br />Under these circumstances, it seems appropriate to ask that the property be marketed in a more <br />aggressive fashion, with sufficient clean-up to make it presentable, and with the object of <br />obtaining something close to its appraised value. The sales price obtained will determine <br />whether or not the unsecured creditors receive anything on their claims. <br />WHEREFORE, for all of the foregoing reasons, Darlene Fehr asks that this Court deny <br />the trustee's motion for order approving sale. <br />3 <br />