EQUIPMENT TERMS: Payment maybe by Visa, MasterCard, Wire Transfer or Check in US Funds. Wire Transfer & Checks will require a Bank Letter of Guarantee 48 hours prior to start of auction. Letters of guarantee must be sent to: Keenan Auction Company, One Runway Rd., South Portland, ME 04106 or by fax at: (207) 885-5877. 14% Buyer's Premium for online Equipment Purchases, 2% discount for Cash purchases. Please make all checks payable to the Keenan Auction Company. Complete payment due day of sale. No exceptions. Everything sold for immediate removal. Shipping, insurance, and handling fees for equipment purchases will be at the bidders expense. Bidding and acknowledgment will be by number only. Please register with the Clerk. Once you become a winning bidder, title passes (UCC) and you are responsible for your own merchandise. All internet bidders agree that bids placed on the internet shall have the same legal effect as if they were in attendance at the auction in person. PLEASE WATCH YOUR MERCHANDISE AFTER YOU HAVE BECOME THE WINNING BIDDER. AUCTIONEER IS NOT RESPONSIBLE FOR LOST OR STOLEN ITEMS. No items may be transferred from one bidder to another; neither prior to nor after payment has been made. SALES TAX: 5% Maine sales tax on all items. Dealers or exempt agencies must provide us with a copy of their annual resale certificate with the clerk at time of registration. NO EXCEPTIONS. Out-of-state residents are subject to Maine sales tax. DOCUMENT FEES: Purchasers of items requiring State of Maine motor vehicle paperwork will be required to pay a $25.00 documentation fee at time of settlement. REMOVAL OF MERCHANDISE: Items maynot be removed until the completion of the sale and after complete payment has been made. Complete payment must be received TODAY. Removal Day of Sale until 4PM. Online bidders will be responsible for any shipping, insurance, and handling fees. While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties or guarantees, expressed or implied as to the genuineness, authenticity of, or defects in any lot, and will not be held responsible for advertising discrepancies or inaccuracies. Purchaser acknowledges that purchaser has had the opportunity to inspect the lots and that everything is sold on an "AS IS", WHERE IS basis except as expressly made in writing. No warranties are made as to the merchantability of any item or their fitness for any purpose. Auctioneer and Seller do not guarantee the accuracy or completeness of the information contained in this catalog. Digital photos are used as a guide and convenience only. Purchasers should verify and inspect desired items prior to bidding. The Keenan Auction Company is providing internet bidding as a service to bidder. Bidder acknowledges and understands that this service may not function correctly the day of the auction. Under no circumstances shall bidder have any kind of claim against the auctioneer or anyone else if the internet service fails to work correctly before or during the live auction. The auctioneer will not be responsible for any missed bids from any source. Internet bidders who desire to make certain their bid is acknowledged should use the proxy-bidding feature and leave their maximum bid 24-hours before the auction begins. The auctioneer reserves the right to withdraw or re-catalog items in this auction. The Auctioneer reserves the right to bid and to reject any and all bids including any bid, which is only a fractional advance over the preceding bid. The auctioneer shall advance the bidding at his own discretion. The Auctioneer reserves the right to group one or more lots into one or more selling lots and to add to or delete from lots at Auctioneer's sole discretion. Absentee bids will be accepted with proper completion of bid form. All bids subject to confirmation of the Seller. In the event of a tie bid or any dispute that arises between two or more bidders, the Auctioneer at his sole option may put up the lot again for sale at once and resell to the highest bidder. The auctioneer's word will be absolute and final in resolving any disputes. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any type whatsoever, caused during the sale or arising out of the sale, or by the removal of the items purchased. In the event the Purchaser fails to pay the whole of the purchase price within the time set forth by the Seller, and/or fails to comply with any of the Terms and Conditions of Sale, the Seller may retain and/or recover the deposit specified as liquidated damages, and in addition thereto, can be resold at public or private sale without further notice. Any deficiency resulting from such resale shall be paid to the Seller by such resale and enforcement of the obligation thereunder. Buyer agrees to pay any and all charges and expenses incurred by reason of any breach of the Terms and Conditions of Sale, including without limitation reasonable attorney's fees. PLEASE NOTE: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understand that any bid you make falls under the Maine Auction Law, Title II, Section 2-328 of the Uniform Commercial Code, and the Statute of Frauds. Maine auctions are under the jurisdiction of the State of Maine Department of Professional and Financial Regulations, Board of Licensure of Auctioneers, 35 State House Station, Augusta, Maine, 04330. If you do not agree with the Terms and Conditions of the Sale, please return your bidding card to the clerk. REAL ESTATE TERMS AND CONDITIONS REAL ESTATE AUCTION 06-151 Log Home Manufacturing Facility – Model Home 128 Lyons Rd., Sidney, ME Thursday, October 26, 2006 at 10AM 1. Date/Place of Sale: The Property shall be sold on Thursday, October 26, 2006 commencing at 10:00 a.m. at the location of the subject property at 128 Lyons Rd., Sidney, Maine. 2. Terms of Sale: A.The sale is subject to all of those terms set forth in the advertisements of the public sale including but not limited to the terms set forth below. B.The Property shall be sold subject to and with the benefit of all development rights, easements, appurtenances, restrictive covenants, rights of way of record, and any easements, restrictions and rights of way which are of record or which are visible upon the face of the earth or as set forth in the Purchase and Sale Agreement, a copy of which is available from the auctioneer. C.The Real Estate (“Property”) will be sold "AS IS, WHERE IS, AND WITH ALL FAULTS." Laurier and Sue Dostie (the “Seller”) assume that bidders have inspected the Property prior to the sale. The Property is offered for sale "AS IS, WHERE IS, AND WITH ALL FAULTS" unrepaired and without any express or implied warranties of any kind or nature. Square footage dimensions are approximate and should be independently verified prior to bidding. The Seller, its agents and subagents, assume no liability for errors or omissions in these Terms and Conditions of Sale or in any of the property listings or advertising or promotional/publicity statements and/or materials. Although information has been obtained from sources deemed reliable, the auctioneer makes no guarantees as to the accuracy of the information herein contained or in any other property listing or advertising or promotional/publicity statements and materials. Any information provided regarding the Property is for informational purposes only, and cannot be relied upon for any purpose. No representations or warranties are made regarding any matter including, without limitation, the accuracy or completeness of any information or materials provided or any comments made by the auctioneer or by the Seller or regarding the environmental, structural or mechanical condition of the Property. D. A deposit to bid of $25,000.00 must be left with the auctioneer prior to the sale. The deposit must be in the form of Certified U.S. Funds and must be made payable to the Keenan Auction Company. The deposit to bid is nonrefundable as to the highest bidder for the Property. Unsuccessful bidder's checks will be returned immediately after the auction. A 10% Buyer’s Premium will be added to the high bid price to equate the final purchase price. E. Real Estate Taxes: All real estate taxes will be prorated between the Buyer and Seller as of the date of closing. F. Other Assessments: All road association dues (if any) will be prorated between the Buyer and Seller as of the date of closing. G.The balance of the purchase price will be due on or before forty-five (45) days from date of public sale. H. The deed to the Property will be by Warranty Deed. The high bidder shall at his/her cost pay all real estate transfer taxes (including the Seller's share, if any), whether assessed to purchaser or Seller. I. The sale is subject to all of the terms set forth in the Purchase and Sale Agreement, the form of which is included in the Property Information Package. J. If the high bidder or high bidders default by failing to pay the purchase price in full within the time specified in the Purchase and Sale Agreement, or if a high bidder otherwise breaches the terms of sale, the Seller and the auctioneer may, in addition to all other remedies allowed by law or equity, retain the full Deposit as damages. In addition, the Property may be resold in any manner to any party and any deficiency, together with all expenses and costs of resale (including attorney’s fees) will be paid by the defaulting high bidder. If the Buyer defaults under this Agreement, in addition to other remedies, the Seller shall have the right to assign the Buyer's rights under this Agreement to Seller or a third party. K. The Seller and the auctioneer reserve the right, subject to applicable provisions of Maine Law, to: (i) refuse or accept any irregular bids; (ii) hold periodic recesses in the sale process; (iii) continue the sale from time to time without notice to any person; and (iv) amend the terms of sale as it deems in the best interest of the Seller. The sale is subject to the Seller’s confirmation and the Seller reserves the right to accept or reject the high bid. L. A record of bidding will be maintained by the Seller and/or the auctioneer for its own use. All persons present at the Sale and wishing to submit a bid must register and sign a bidding contract with the auctioneer, and submit the requisite deposit in cash or certified funds prior to commencement of the bidding. 3. Auction Procedure: Open and verbal. Unless otherwise announced, announcements made on the day of the sale will be subject to all printed material. Method, order of sale, and bidding increments shall be at the sole discretion of the auctioneer. The Seller reserves the right to delete or add additional property at its discretion. Seller reserves the right to modify the terms and structure of the Sale. Seller reserves the right to add to or change any of the terms and conditions of sale, to add or withdraw properties, and to adjourn, cancel, recess, delay or reschedule the Sale at any time before or during the auction. 4. Disclaimer: All bidders are invited to inspect the Property and the public records prior to making a bid. No warranties, guarantees or representations of any kind are made, and all warranties are disclaimed with respect to any improvements located on the Property, including improvements located underground, the location and/or boundaries of the Property or improvements thereon, title to the Property, environmental compliance, or its compliance with any applicable zoning, land use or hazardous waste regulations, laws or ordinances. The buyer shall assume responsibility and expense for any title search, title examination or title insurance. THE SELLER/AUCTIONEER EXPRESSLY AND SPECIFICALLY MAKES NO, AND SHALL MAKE NO, REPRESENTATIONS OR WARRANTIES REGARDING HAZARDOUS OR TOXIC WASTE, SUBSTANCES, MATTERS OR MATERIALS, AS THOSE TERMS MAY BE DEFINED FROM TIME TO TIME BY APPLICABLE STATE, LOCAL AND FEDERAL LAWS, STORED OR OTHERWISE LOCATED ON THE PROPERTY. The Seller specifically disclaims, and buyer acknowledges that Seller shall not be responsible for or obligated now or at any time in the future to, protect, exonerate, defend, indemnify and save buyer or its successors or assigns, harmless from and against any loss, damage, cost, expense, clean-up or liability, including, but not limited to, attorneys' fees and court costs, and including, but not limited to such loss, damage, cost, expense or liability, based on personal injury, death, loss or damage to property suffered or incurred by any person, corporation or other legal entity, which may arise out of the presence of any such hazardous or toxic waste, substance, matter or material on the premises. 5. Risk of Loss: The risk of loss with respect to the property shall be with the Seller until the date of closing. 6. Possession: Buyer shall only be entitled to possession at closing as set forth in the Purchase and Sale Agreement. 7. Applicable Law: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understand that any bid you make falls under the Maine Auction Law, Title II, Section 2-328 of the Uniform Commercial Code, and the Statute of Frauds. Maine auctions are under the jurisdiction of the State of Maine Department of Professional and Financial Regulations, Board of Licensure of Auctioneers, 35 State House Station, Augusta, Maine, 04330. 8. Bidder's Card: By signing for a bid number, the bidder has signed a written and binding contract agreeing to all of the terms and conditions set forth herein. If you do not agree with any of the terms or conditions set forth above, please return your bid number to the auctioneer immediately. Proxy bids are subject to all terms and conditions of sale as listed herein or announced at the Sale. Any party submitting a proxy bid must be available, or have a representative available, to execute a purchase and sale agreement at the time of the Sale, in the form provided at the Sale, and such representative must provide documentation satisfactory to Seller that the representative is duly and appropriately authorized to act on behalf of the parties submitting the proxy bid. 9. Conflict With Purchase and Sale Agreement: In the event of a conflict between these Terms and Conditions of Sale and the terms of the Purchase and Sale Agreement executed by the Seller and the successful bidder, the Purchase and Sale Agreement shall control.