AUCTION TERMS AND CONDITIONS ALL ITEMS TO BE PAID IN FULL BY WIRE TRANSFER NO LATER THAN 3:00 PM ON FRIDAY, OCTOBER 24, 2008. THESE FUNDS MUST BE RECEIVED BY SPECIFIED TIME FRAME, AND PRIOR TO REMOVAL OF ITEMS. A 2% BUYER’S PREMIUM WILL BE ADDED TO ALL INTERNET PURCHASES. ALL REMOVAL IS AT THE RISK AND RESPONSIBILITY OF BUYER. IT IS STRONGLY RECOMMENDED THAT YOU INSPECT THE ITEMS DURING THE PREVIEW TIMES AND PRIOR TO PLACING BIDS. ALL ASSETS SOLD “AS IS - WHERE IS” WITH ALL KNOWN AND UNKNOWN FAULTS. PAYMENT TERMS FOR INTERNET BIDDERS: 1. A VALID CREDIT CARD WILL BE REQUIRED TO REGISTER FOR THE ONLINE AUCTION. PAYMENT IN FULL IS DUE NO LATER THAN FRIDAY, OCTOBER 24, 2008 AT 3:00 PM BY WIRE TRANSFER. IF PICKING UP AT THE AUCTION SITE BEFORE 3:00 PM ON FRIDAY, OCTOBER 24, 2008 YOU MAY PAY WITH A CASHIER'S CHECK (MADE PAYABLE TO: LAWRENCE G. FRANK, TRUSTEE). WE CANNOT ACCEPT CREDIT CARDS FOR PAYMENT AT THIS AUCTION. THIS AUCTION IS TAX EXEMPT IN THE STATE OF PENNSYLVANIA. 2. FOR ANY PURCHASE PAID IN CASH, WITH A VALUE OF $10,000 OR GREATER, THE BUYER IS REQUIRED TO COMPLETE A UNITED STATES TREASURY DEPARTMENT FORM 8300. THESE FORMS ARE AVAILABLE FROM THE AUCTIONEER AND MUST BE COMPLETED AND RETURNED TO THE AUCTIONEER AT THE TIME OF PURCHASE. ADDITIONAL TERMS OF SALE / OTHER INFORMATION: 3. ALTHOUGH MOST ITEMS DO NOT HAVE MECHANICAL CONNECTIONS, WHERE APPLICABLE, IT IS THE BUYER’S RESPONSIBILITY AND AT THEIR COST TO SAFELY DISCONNECT ANY PLUMBING OR ELECTRICAL WIRING FROM THE EQUIPMENT. ALL WIRING AND UTILITY PIPING MUST BE SAFELY DISCONNECTED AT THE INCOMING MAIN SWITCH OR VALVE AND ANY EXPOSED WIRING MUST BE PROPERLY CUT AND CAPPED. 4. AT NO TIME SHALL A BUYER BE IN THE FACILITY OR ON THE GROUNDS WITHOUT A JENNINGS AUCTION GROUP OR DEE CONSTRUCTION EMPLOYEE PRESENT DURING REMOVAL OF ITEMS PURCHASED. 5. RIGGERS / MOVING COMPANIES MUST HAVE A COPY OF THE CUSTOMER’S PAID-IN-FULL INVOICE AND A LETTER RELEASING THE EQUIPMENT TO THE RIGGER FOR REMOVAL ON BEHALF OF THE BUYER. A CURRENT CERTIFICATE OF INSURANCE NAMING JENNINGS AUCTION GROUP AS ADDITIONAL INSURED MUST BE PROVIDED PRIOR TO REMOVAL OF ITEMS. 6. BUYERS ARE RESPONSIBLE FOR THEIR OWN ASSET REMOVAL AND ANY MATERIAL HANDLING EQUIPMENT THAT IS NECESSARY TO FACILITATE REMOVAL OF ITEMS PURCHASED. 7. EVERYTHING WILL BE SOLD “AS IS, WHERE IS”, WITH NO GUARANTEES OF ANY KIND, REGARDLESS OF STATEMENT OF CONDITION MADE FROM THE AUCTION BLOCK. BUYERS SHALL RELY ENTIRELY ON THEIR OWN INSPECTION AND INFORMATION. PURCHASERS WILL BE REQUIRED TO SIGN AN ACKNOWLEDGEMENT THAT ALL ITEMS PURCHASED AT THE AUCTION ARE SOLD “AS IS, WHERE IS”. BUYER AGREES THAT THEY MAY NOT RETURN ANY ITEM THEY PURCHASE FOR ANY REASON. INTERNET BUYERS EXPRESSLY AGREE TO SAME CONDITION AS A CONDITION FOR BIDDING REGARDLESS OF WHETHER OR NOT THEY CHOOSE TO PREVIEW THE ITEMS PRIOR TO THE AUCTION. 8. THE CONDITION OF THE MERCHANDISE BEING OFFERED VARIES. THE BUYER IS RESPONSIBLE TO INSPECT ITEMS OF INTEREST TO INSURE QUALITY AND DESCRIPTION OF AUCTION MERCHANDISE. THE BUYER UNDERSTANDS AND AGREES: (1) THAT ANY DESCRIPTION OR SAMPLE OF THE MERCHANDISE GIVEN OR FURNISHED BY THE AUCTIONEER IS DERIVED FROM RECORDS, DOCUMENTS OR OTHER INFORMATION THAT MAY BE UNVERIFIED AS TO ACCURACY, AND IS SOLELY FOR IDENTIFICATION, AND DOES NOT CREATE ANY WARRANTY, EXPRESSED OR IMPLIED, THAT THE MERCHANDISE ACTUALLY CONFORMS TO SUCH DESCRIPTION OR SAMPLE; (2) THAT ALL MERCHANDISE IS PURCHASED AND ACCEPTED BY BUYER “AS IS, WHERE IS” AND “WITH ALL FAULTS”. AUCTIONEER MAKES NO WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN, ORAL OR IMPLIED, AS TO THE QUALITY, QUANTITY, CONDITION, USEABILITY, SALEABILITY, WEIGHT, MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER SPECIFICATIONS. 9. IT IS THE BUYER’S RESPONSIBILITY TO SECURE ALL SAFETY EQUIPMENT TO MEET ALL APPLICABLE GOVERNMENT SAFETY STANDARDS IN USING OR REMOVING THE ITEMS PURCHASED. THE PURCHASERS HEREBY INDEMNIFY AND HOLD HARMLESS THE AUCTIONEERS AND SELLER FROM ANY AND ALL DAMAGES, CLAIMS OR LIABILITIES FROM ANY INJURIES TO AND ALL DAMAGES, CLAIMS OR LIABILITIES FROM ANY INJURIES TO PERSONS OR PROPERTY OF ANY TYPE WHATSOEVER CAUSED DURING THE REMOVAL OF THE ITEMS PURCHASED. 10. THE BIDDER IS RESPONSIBLE FOR KNOWING WHICH ITEMS HE IS BIDDING ON. IF HE IS UNSURE, HE SHOULD INQUIRE OR NOT BID. WHEN YOU BECOME THE WINNING BIDDER AT AUCTION, YOU HAVE ENTERED INTO A CONTRACT AND WILL BE EXPECTED TO PAY FOR ITEMS IN WHICH YOU WERE EVIDENCED TO BE THE SUCCESSFUL BIDDER. AUCTIONEER WILL NOT HONOR “MISTAKES” AND WILL PURSUE COLLECTION OF UNPAID INVOICES. 11. AUCTIONEER RESERVES THE RIGHT TO ACCEPT BIDS IN ANY INCREMENT HE FEELS IS IN THE BEST INTEREST OF HIS CLIENT, THE SELLER. THE AUCTIONEER RESERVES THE RIGHT TO REJECT THE BIDDING OF ANY PERSON WHOSE CONDUCT, ACTIONS, OR ADVERSE COMMENTS HE FEELS IS NOT IN THE BEST INTEREST OF THE SELLER. THE AUCTIONEER RESERVES THE RIGHT TO GROUP ONE OR MORE ITEMS TOGETHER AND TO ADD OR REMOVE LOTS AS MAY BE NECESSARY. 12. IF APPLICABLE, SALES TAX WILL BE ADDED TO THE PURCHASE OF ALL TAXABLE ITEMS. DEALERS WHO PURCHASE FOR RESALE MUST FILE THEIR RESALE PERMIT NUMBER AT TIME OF REGISTRATION. THE BUYER’S PREMIUM IS PART OF THE PURCHASE PRICE AND IS TAXABLE. 13. ALL PURCHASES MUST BE REMOVED FROM THE AUCTION SITE WITHIN THE TIME ANNOUNCED OR POSTED AT THE AUCTION SITE. THE COSTS, RESPONSIBILITY AND RISK OF SUCH REMOVAL SHALL BE ASSUMED BY THE PURCHASER. IF FOR ANY REASON THE PURCHASER FAILS TO REMOVE ANY LOT WITHIN THE TIME SPECIFIED, THE LOT SHALL BE DEEMED ABANDONED, AND THE AUCTIONEERS AT THEIR SOLE DISCRETION, MAY RESELL PER ITEM (15) BELOW, OR REMOVE AND STORE THE LOT AT PURCHASER’S SOLE RISK AND EXPENSE. IN ADDITION, PURCHASER SHALL BE LIABLE FOR ANY RENT INCURRED OR DAMAGES SUFFERED BY THE AUCTIONEERS AND THE SELLER BECAUSE OF PURCHASER’S FAILURE TO REMOVE ANY LOT. IF PURCHASER NEEDS ASSISTANCE IN DEINSTALLATION, CRATING, REMOVAL AND SHIPMENT OF ASSETS PURCHASED, AS A COURTESY, AUCTIONEER IS REFERRING BUYERS TO THE FOLLOWING AS A POSSIBLE SOURCE FOR THIS SERVICE, WITH THE UNDERSTANDING THAT BUYER CONTACTS AND MAKES THE DECISION TO UTILIZE THIS COMPANY, AUCTION COMPANY IN NO WAY GUARANTEES PERFORMANCE AND IS OFFERING THIS AS A CONVENIENCE TO THE BUYER ONLY IN THE EVENT THAT THEY MAY NOT HAVE ANOTHER OPTION FOR REMOVAL: • STITZER CRANE SERVICE: 814-234-1597 KEVIN 2301 COMMERCIAL BLVD., STATE COLLEGE, PA 16801 BUYER MAY UTILIZE ANY OTHER COMMERCIAL MOVER OR SHIPPER OF THEIR CHOICE, HOWEVER, ALL COMMERCIAL MOVERS / SHIPPERS MUST PROVIDE TO AUCTIONEER PROOF OF LIABILITY INSURANCE AS SPECIFIED ABOVE PER ITEM (5) PRIOR TO ANY REMOVAL OR PACKAGING WORK TO BE DONE AT AUCTION SITE. JENNINGS AUCTION GROUP IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO ANY PROPERTY PURCHASED AT SALE WHILE BEING DISASSEMBLED, MOVED AND / OR TRANSPORTED REGARDLESS OF WHO PERFORMS THE REMOVAL. 14. ALL ANNOUNCEMENTS MADE ON AUCTION DAY SHALL TAKE PRECEDENCE OVER THE PREVIOUSLY DISTRIBUTED INFORMATION. 15. IF ANY AND ALL CONDITIONS ARE NOT COMPLIED WITH, IN ADDITION TO OTHER REMEDIES AVAILABLE TO AUCTIONEER AND SELLER BY LAW, INCLUDING WITHOUT LIMITATION, THE RIGHT TO HOLD THE PURCHASER LIABLE FOR THE BID PRICE, THE AUCTIONEER, AT THEIR OPTION MAY (1) RESELL THE PROPERTY PUBLICLY OR PRIVATELY, WITH THE PURCHASER BEING LIABLE FOR THE PAYMENT OF ANY DEFICIENCY PLUS ALL COSTS INCURRED, OR (2) CANCEL THE SALE, RETAINING LIQUIDATION DAMAGES ON ALL PAYMENTS MADE BY PURCHASER. AUCTIONEER COMMISSION AND ALL OTHER INCIDENTAL DAMAGES WILL BE CHARGED. ANY DEFAULT ISSUES WILL BE TURNED OVER TO THE FEDERAL MARSHALS FOR RESOLUTION. 16. JENNINGS AUCTION GROUP IS PROVIDING LIVE INTERNET BIDDING AS A SERVICE TO THE BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF THE AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY CLAIM AGAINST AUCTIONEER OR SELLER IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY FOR ANY REASON WHATSOEVER. AUCTIONEER WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS, FOR ANY REASON, FROM ANY SOURCE. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THAT THEIR BID IS ACKNOWLEDGED, SHOULD UTILIZE THE PROXIBID FEATURE AND LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS. 17. ITEMS CANNOT BE REMOVED ON AUCTION DAY UNTIL AFTER THE CONCLUSION OF THE LIVE AUCTION, AND THEN ONLY FOR A PERIOD OF 3 HOURS AFTER THE CLOSE OF THE LIVE AUCTION OR 6:00 PM, WHICHEVER IS LATER. ALL ITEMS MUST BE REMOVED BY NO LATER THAN WEDNESDAY, OCTOBER 29, 2008 AT 5:00 PM. PICK-UP DATES AND TIMES ARE FROM 9:00 AM TO 5:00 PM ON THURS. 10/23/08; FRI. 10/24/08; TUES. 10/28/08 AND WEDS. 10/29/08. 18. A 2% BUYER’S PREMIUM WILL BE ADDED TO ALL INTERNET PURCHASES. 19. ISSUANCE OF A BID NUMBER IS PREDICATED ON ACCEPTANCE OF ALL TERMS AND CONDITIONS OF AUCTION AS PRINTED, LISTED ON-LINE OR STATED. NO BID MAY BE PLACED IN ANY MANNER UNLESS THE BIDDER HAS FULLY REVIEWED AND AGREES TO BE BOUND BY ALL CONDITIONS OF SALE. 20. THE INFORMATION CONTAINED IN THIS LISTING IS SUBJECT TO INSPECTION AND VERIFICATION BY ALL PARTIES. NO LIABILITY FOR ITS ACCURACY, ERRORS, OR OMISSIONS IS ASSUMED BY THE SELLER, THE REPRESENTATIVE OF THE SELLER, JENNINGS AUCTION GROUP OR THEIR AGENTS. B.J. Jennings, CAI—AU003910L & Phil Grosh, CAI—AU005053L