TERMS

<span style="font-size:11pt"><span style="font-size:10pt">Each Bidder whether live at auction or bidding through the internet, by registering and obtaining a bidder?s number agrees to submit him/her/itself to venue and jurisdiction over the individual and/or company (Company) to the courts of Hidalgo County, Texas. In the event of non-payment for a successful bid, suit can be brought against such individual and/or entity in Hidalgo County, Texas and such individual and/or entity waives any rights to any other venue and/or jurisdiction. The prevailing party shall be entitled to recover reasonable and necessary attorney?s fees and out-of-pocket expenses from the non-prevailing party or parties, which fees and expenses may be set by the fact finder in trial of such action or may be enforced in separate action brought for that purpose and shall be in addition to any other relief that may be awarded.</span></span><br> <span style="font-size:11pt"><span style="font-size:10pt">7. The auction catalog is merely a guide without any warranties expressed or implied. Auctioneer?s announcement will supersede any printed material.</span></span><br> <span style="font-size:11pt"><span style="font-size:10pt">8. A successful Bidder must pay his/her/its purchase not later than the end of the day of the auction when he/she was the successful Bidder. The end of the day means when the auction stops for the day. </span></span><br> <span style="font-size:11pt"><span style="font-size:10pt">9. Bidder must pay Bidder?s purchases in full in Cash, Wire Transfer, Cashier's Check or Check. However, a personal check or a company check must be accompanied by the Bidder?s or Company?s Bank Letter of Credit. </span></span><br> <span style="font-size:11pt"><span style="font-size:10pt">10. Each successful Bidder is to pay: </span></span> <ol style="list-style-type:upper-alpha"> <li><span style="font-size:11pt"><span style="font-size:10pt">A ten percent (10%) Buyer?s Premium for onsite Bidders. Internet Bidders will pay a twelve percent (12%) Buyer?s Premium. The percentage is measured against the final bid/sale price. </span></span></li> <li><span style="font-size:11pt"><span style="font-size:10pt">Sales Tax will be added to the purchase price of all taxable items. If applicable, the Texas Emissions Reduction Plan (TERP) Off-Road, Heavy-Duty Diesel Equipment Surcharge will also be added to the purchase price.</span></span></li> <li><span style="font-size:11pt"><span style="font-size:10pt">A one hundred-five dollar ($105.00) administration fee will be added to the purchase price of all titled items. Additionally, there will be a ten-dollar ($10.00) e-tag fee for requested temporary plates.</span></span></li></ol> <span style="font-size:11pt"><strong><span style="font-size:12pt">11. Bidder accepts each item that he/she/it purchased at the auction in its physical, ?as is?, ?where is? condition. There are not any warranties as to the items sold at auction. Each Bidder is deemed and agrees to inspect each item prior to bidding to satisfy him/her/itself as to the condition of each item. The Bidder accepts that there are not any warranties, expressed or implied by law whether warranties of ?workmanship?, ?suitability?, ?merchantability? and/or fitness for a particular purpose. Further, Bidder waives any warranties at law or in equity that could pertain under the Texas Uniform Commercial Code. Each item will be subject to the language contained on Exhibit ?A? hereto attached. </span></strong></span><br> <span style="font-size:11pt"><span style="font-size:10pt">12. The conditions of provisions of sale may be modified by the auctioneer at the time of the auctioning off a particular item and each Bidder is subject to those terms and conditions. </span></span><br> <span style="font-size:11pt"><span style="font-size:10pt">13. The auctioneer reserves the right to group, modify, increase, diminish or delete ?auction lots? at the auctioneer?s sole discretion or to sell items in bulk if such action serves the best interest of the Seller.</span></span><br> <span style="font-size:11pt"><span style="font-size:10pt">14. Auctioneer will receive bids from any responsible and registered Bidder who makes his/her/its bid known so long as he or she conducts themselves in an orderly manner.</span></span><br> <span style="font-size