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Historic

theater

to be sold

at auction

By DAWNE LEIKER

dleiker@dailynews.net

A downtown Hays landmark will be offered for sale to the highest bidder at a sheriff's auction Tuesday morning.

Fox Pavilion, owned by 1202 Main LLC, will be auctioned at 10 a.m. at Ellis County Courthouse.

A petition to foreclose the mortgage against the property owned by Brooks Kellogg was filed in January in the district court of Ellis County by First National Bank, Hays, in the amount of $657,869 -- plus court costs and per diem interest.

Kellogg is serving six years in federal prison for traveling in interstate commerce in commission of murder-for-hire.

According to court documents, the defendant failed to make installment payments as they became due since Sept. 10, 2010. There are no delinquent property taxes due on the property, said Ellis County Treasurer Mickey Billinger.

Unless another viable bidder comes forward, the Fox could become First National Bank's property.

"The bank is more than likely going to be a bidder in the normal course of business," said First National Bank President Allen Schaper.

The property remains for sale and is listed with Coldwell Banker Executive Realty for $759,000.

According to court documents, on Oct. 19, 2010, after flying from Minneapolis, Minn., and arriving at Denver International Airport, Kellogg met with an undercover FBI agent.

Kellogg paid the undercover agent $2,000 in cash to murder a Florida man with whom he was involved in a real estate transaction that resulted in civil court litigation. Kellogg already had paid an additional $6,000 for the hit, the documents said.