Quantity: 1 - Ward's Famous Fudge Display, 1914

LIVE/SIMULCAST - AUCTION DAY: 1. This is a Public Auction. Bidders must provide a valid Drivers License number to register to bid. Registration for online simulcast bidding will be conducted through Proxibid. 2. Payment: Payment must be made on auction day by Cash, Cashier’s Check, VISA, MC, DISC or Wire Transfer (with 25% immediate deposit). Checks must be accompanied by a Bank Letter of Guarantee made out to Jones Swenson Auction Marketing only. Here is an example of how your letter should read: Mr/Mrs.. “Customer Name” is a customer of this bank. This bank will guarantee unqualified payment to Jones Swenson Auction Marketing on account #______ up to the amount of $_______. This bank will not allow stop payment on this check. This letter is good until November 15, 2008”. Wire transfer information is available through the Auctioneer’s office. All payment methods must be approved by Auctioneer prior to bidding. No purchases will be moved until paid for in full. Online buyers will be contacted at close of auction to confirm their form of payment and should be available by cell phone (or other phone number provided at registration). 3. A 10% Buyers Premium will be added to all purchases made onsite. A 15% Buyers’ Premium will be added to each item purchased via online bidding through Proxibid. 4. Sales tax will be charged unless the buyer has a dealer’s resale number that is directly related to the industry that is being sold or if the equipment is being shipped out of state via commercial shipper. Prospective buyers should present their resale information at the time of online registration. 5. All items in the auction are being sold, “as is, where is” without warranties or guarantees of any type and with all faults. AUCTIONEER AND SELLER EXPRESSLY DISCLAIM AND EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Bidders should rely solely on their own inspection of all items prior to the sale and should satisfy themselves as to the usefulness and value of each item. Any photo or any statement in the description regarding the items to be sold should be considered a guide and guide only. Any error in description does not relieve the buyer or his/her agent of their responsibilities. Photos will attempt to show any damage, but this is not guaranteed. Auctioneer always recommends that bidders inspect the items in person. There are no refunds or returns. 6. Seller, Auctioneer and buyer expressly agree that Buyer is responsible for and agrees to indemnify Seller, Auctioneer and their respective affiliates for any and all damages caused by buyers, their agents or during packing or shipping by a 3rd party shipper. Auctioneer is only responsible for damages caused by his personnel. 7. Removal: All purchases must be removed on auction day or on Wednesday October 29, 2008 from 9:00 AM until 4:00 PM. The deadline for removal will be 4:00 PM October 29, 2008. Any concerns regarding removal should be addressed to Auctioneer 72 hours prior to the end of the auction. Seller and Auctioneer must approve any exceptions to this deadline in writing. Additional time may be given for removal of soda fountain, counters and large displays. Buyers assume all responsibility for removal and transportation/shipping of purchases. Winning bids can be arranged for packing and shipping with Dave @ Send It Packing - McKinney Texas 972-548-0808 www.send-it-packing.com, who will be on location at the auction site. Buyers, who cannot personally pick up their purchases on auction day or October 29th, should make arrangements for packing and shipping through a 3rd party. 8. The Auctioneers will not be responsible for property acquired that is not removed within the time period allowed. Auctioneer will not be responsible for any purchases that remain at the auction location after auction day. Any item not removed on time will be deemed abandoned. Buyer accepts full responsibility for all costs incurred by Auctioneer or seller for removal/storage/disposal of abandoned merchandise. 9. All buyers must acknowledge and accept the Terms and Conditions provided at the time of onsite or online registration. 10. Auctioneer is licensed by the Texas Department of Licensing & Regulation. 11. Any questions regarding specifics on the items in this auction should be submitted by email to: info@jonesswenson.com or faxed to (512)261-9886. REAL ESTATE: COMMERCIAL REAL ESTATE AUCTION United Country – Jones Swenson Auction Marketing, Inc (“Auctioneer”) has a contract with Richard & Jan Clare, to offer for sale at public auction the commercial real property located at 210 & 212 E. Marshall, Van Alstyne, TX 75495. The property is selling subject to owner’s confirmation on auction day, but is subject to prior sale. The two properties will be offered separately and together to determine which way they will realize the highest price. A. Property Inspection 1) It is the Purchaser’s sole responsibility to: a) perform all inspections (legal, environmental, economic or otherwise) of the Property and to be satisfied as to its condition prior to bidding; b) review all property information and due diligence materials; c) independently verify any information they deem important including information available in public records; and d) inquire of public officials as to the applicability of and compliance with land use and environmental laws, zoning, building and health & safety codes and ordinances and any other local, state or federal laws and regulations. 2) All information contained in the auction brochure and all promotional materials, including, but not limited to, photographs, directions, acreage, square footage, dimensions, zoning, maps used for promotion, environmental conditions, taxes, etc., was provided by or on behalf of the Seller and is believed to be correct; however, neither the Seller nor the Auctioneer makes any promise, representation, guarantee, or warranty as to the accuracy or completeness of such information. There is no obligation on the part of Seller or Auctioneer to update any information. Purchaser and Purchaser’s broker shall be responsible for verifying all acreage and square footage amounts through public records. B. Buyer’s Premium There will be a Ten Percent (10%) Buyer’s Premium added to the winning bid price to arrive at the total contract price to be paid by the Purchaser. C. Bidder Registration 1) Bidders must register and receive a bidder’s number in order to bid on the Property. This number must be presented when the bidder is declared the winning bidder. A cashier’s check made payable to the bidder in the amount of $5,000.00 will be required at registration to bid on the real estate on Auction Day. 2) Upon being declared the final successful confirmed bidder, the Purchaser will be required to pay a down payment in the amount equal to ten percent of the contract price. The first $5,000.00 will be in the form of the cashier’s check and the balance of the ten percent may be paid by a personal or company check. Payment will be made to the title company on Auction Day. 3) The Purchaser shall immediately pay the required down payment to the title company on Auction Day and shall execute and deliver a completed Auction Real Estate Sales Contract together will all related Addenda for the Property at the Auction. The fully executed Sales Contract shall control all terms and conditions of the sale and constitute the entire agreement between the Purchaser and the Seller. In the event of any conflict between these Terms and Conditions of Sale and the Terms and Conditions of such Sales Contract; the Terms and Conditions of the Sales Contract shall prevail. NO CHANGES TO THE TERMS AND CONDITIONS OF THE SALES CONTRACT WILL BE PERMITTED. PURCHASER WILL BE REQUIRED TO ENTER INTO THE SALES CONTRACT “AS IS” ON AUCTION DATE. 4) Any person bidding on behalf of another person or entity must have a valid, legally enforceable, unexpired, recordable Power of Attorney approved by Seller prior to the auction. If a Purchaser is bidding on behalf of a corporation, the bidder shall be individually bound until the bidder presents a corporate resolution prior to closing. 5) If for any reason the Purchaser fails or refuses to deposit the required funds or to execute the Sales Contract immediately after being confirmed the winning bidder, the Seller reserves the right to declare the bidder’s rights forfeited and may re-sell the Property. D. Closing Closing will be scheduled on or before November 24, 2008 and the down payment shall be in U.S. Funds and shall be held in a non-interest bearing account by the title company pending completion of necessary closing procedures, after which the Purchaser shall be granted possession of the Property subject to any matters contained in the Title Commitment and the Auction Real Estate Sales Contract. E. Licensed Buyer Broker Guidelines Upon the Closing of the transaction contemplated herein, Auctioneer shall be paid a commission pursuant to a separate written agreement between Auctioneer and Seller. If a Buyer’s Broker is properly registered with the Auctioneer according to the Buyer Broker Guidelines, then at Closing, the Buyer’s Broker shall be paid a commission of two percent (2%) of the high bid price as specified in the Real Estate Auction Sales Contract. If for any reason whatsoever (including the default of any party hereto), the Closing hereunder does not occur, then no commission shall be due and payable to Buyer’s Broker. To qualify for a commission, the buyer’s broker must register the prospect, using the Buyer Broker Registration Form provided by the Auctioneer. There will be no exceptions to the guidelines and no oral registrations will be accepted. No broker will be recognized that is participating as a principal, buyer or partner in the purchase. F. Disclaimer 1) Personal on-site inspection of the property is recommended and bidders are advised to independently verify all information they deem important. This Property is being sold “As-Is, Where-Is” and with “All Faults”. The Seller and Auctioneer have not made, do not make and will not make, and hereby disclaim, any representation or warranty, whether expressed or implied or statutory, whether oral or written, with respect to the Property, including, without limitation, any warranty as to its value, condition, acreage, square footage, suitability, merchantability, marketability, operability, zoning or subdivision regulations, mineral rights, environmental condition or fitness for a particular use or purpose. No Guarantees are given as to the availability of utilities or accesses, or the permitted or allowable uses of the Property. 2) Neither the Seller, its attorneys, any broker, nor the Auctioneer, shall be liable for any relief including damages, rescission, reformation, allowance or adjustments based on the failure of the Property, including, but not limited to, amount of acreage, square footage, zoning, and environmental condition to conform to any specific standard or expectation, or any third party documents or information. G. Auctioneers Agency Disclosure The Auctioneer is acting exclusively as the agent for Seller in this transaction and is to be paid a fee by Seller pursuant to a separate written agreement between Seller and Auctioneer. The Auctioneer is not acting as agent in this transaction for the buyer. Any third party broker is not a subagent of Auctioneer. H. Equal Opportunity Clause All bidding is open to the public. The Property is available to qualified purchasers without regard to a prospective Purchaser’s race, color, national origin, religion, sex, familial status, or physical handicap. I. Miscellaneous 1) All decisions of the Auctioneer are final as to the methods of bidding, disputes among bidders, increments of bidding, and any other matters that may arise before, during, or after the auction. Seller reserves the right to deny any person admittance to the Auction or expel anyone from the Auction who attempts to disrupt the Auction. 2) Property is subject to prior sale. 3) All announcements made Auction Day supersede any prior oral or printed statements. The Seller reserves the right to announce additional Terms and Conditions of the sale prior to or during the course of the Auction. 4) United Country – Jones Swenson Auction Marketing, President, W. Scott Swenson, holds a personal auctioneer license with the Texas Department of Licensing & Regulation and a Real Estate Broker license with the Texas Real Estate Commission. AUCTIONEERS FOR THIS AUCTION ARE SELLING AGENTS ONLY AND MAKE NO REPRESENTATIONS CONCERNING THE PROPERTY WHATSOEVER.