CLASSIC MOTORCAR AUCTIONS, LLC Ohio Summer Classic Auto Auction August 29-30, 2009 BIDDER/BUYER AGREEMENT 1. All items are sold “AS IS, WHERE IS” and with no warranties or guarantees of any type either expressed or implied made by Classic Motorcar Auctions, LLC. Any warranties made by the Seller/Owner must be in writing on an instrument separate from the Purchase Invoice & Bill of Sale and signed by both the Bidder/Buyer and Seller/Owner. In no event shall Classic Motorcar Auctions, LLC, the auctioneer or any employee, agent or associate of Classic Motorcar Auctions, LLC be responsible or liable for any such warranties, guarantees or the genuineness or description of any article offered for sale. 2. All statements printed in Classic Motorcar Auctions, LLC catalogs, ads, brochures, signs and vehicle cards, as well as verbal statements made by the auctioneer or staff or announcements made on the date of sale, have come from the Seller/Owner and shall have no obligations to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogs, ads, brochures, signs and vehicle cards. BIDDER/BUYER ACKNOWLEDGES BY SIGNING THIS AGREEMENT THAT HE/SHE WILL NOT HOLD CLASSIC MOTORCAR AUCTIONS, LLC RESPONSIBLE FOR ANY REPRESENTATIONS OR STATEMENTS MADE BY ANYONE BEFORE, DURING OR AFTER THE SALE ABOUT THE VEHICLES BEING SOLD. 3. Payment of funds due Bidder/Buyer from any other transaction may, at Classic Motorcar Auctions, LLC discretion, be withheld from Bidder/Buyer and applied to other purchase(s) made by Bidder/Buyer. All payments must be made with good funds which are defined as cash, cashier’s checks, traveler’s checks or personal/company checks backed by an irrevocable bank letter of guarantee stating the amount to be honored by the bank. Drafts are not acceptable. Execution of this Bidder/Buyer Agreement shall constitute written permission for Classic Motorcar Auctions, LLC to obtain a credit report on Bidder/Buyer. No item can be removed from the premises before making settlement. Title for any titled item purchased may be withheld until Bidder/Buyer’s funds clear the Seller/Owner’s or Classic Motorcar Auctions, LLC bank account. All cash payments of $10,000 or more will be reported to the Federal Government subject to applicable (8300) law. 4. Unless agreed otherwise in writing by Bidder/Buyer and Classic Motorcar Auctions, LLC, all items shall be removed from the sale area by the Bidder/Buyer at Bidder/Buyer’s expense immediately following the sale, and if not so removed within 24 hours of the date of sale of the item, Classic Motorcar Auctions, LLC may remove the item with all costs of moving and storage to be paid by the Bidder/Buyer. Bidder/Buyer agrees that Classic Motorcar Auctions, LLC has not liability for loss or damage to items left with Classic Motorcar Auctions, LLC at any place of auction and that Bidder/Buyer shall maintain insurance to cover any items purchased at this sale. 5. If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Bidder/Buyer, in addition to other remedies available by law to Classic Motorcar Auctions, LLC and/or the Seller/Owner (including the right to hold the purchaser liable for the bid price), Classic Motorcar Auctions, LLC and/or the Seller/Owner, at its option, may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by Bidder/Buyer, or (2) resell the item on 5 days written notice to the Bidder/Buyer at a private or public sale for the account of and at the risk of the Bidder/Buyer, and in any such event the Bidder/Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the first and second sale and all reasonable attorney fees and court costs incurred. 6. All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced or otherwise published are incorporated herein by reference. 7. If any check given in payment is dishonored for any reason including but not limited to insufficient funds, stop payment or the like, Bidder/Buyer agrees, whether such check is signed by Bidder/Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney’s fees incurred, together with all court costs and associated expenses in the event suit is instituted. 8. Unless the sale of an item is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller/Owner. When an item is sold with reserve, the auctioneer may bid on the Seller/Owner’s behalf in an amount not to exceed the reserve price. 9. Bidder/Buyer hereby irrevocably agrees and assents to the jurisdiction of the courts of Stark County and the State of Ohio in any claim or complaint or lawsuit against Classic Motorcar Auctions, LLC or any of its employees or independent contractors. If Bidder/Buyer sues Classic Motorcar Auctions, LLC and does not prevail, Bidder/Buyer will reimburse Classic Motorcar Auctions, LLC for all reasonable legal fees and expenses connected with such suit. Bidder/Buyer hereby agrees that the laws of the State of Ohio will govern and control in any lawsuits or court actions that the Bidder/Buyer or anyone else may institute against Classic Motorcar Auctions, LLC. 10. Bidder/Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting from the Bidder/Buyer’s failure to qualify as exempt from such taxes. Bidder/Buyer also agrees to pay the Buyer’s Premium and any other applicable fees. 11. Bidder/Buyer agrees that its purchase of a vehicle shall be based relying entirely upon Bidder/Buyer’s own examination thereof. Bidder/Buyer acknowledges that all sales are final and “AS IS WHERE IS” without warranty of vehicle history, condition, title, options, specifications, fitness for a particular purpose and/ or merchantability unless otherwise agreed to in writing on a separate document and signed by an officer of Classic Motorcar Auctions, LLC. Bidder/Buyer accepts full responsibility and sole liability for the vehicle purchased as of the fall of the hammer and agrees to reimburse Classic Motorcar Auctions, LLC and/or the Seller/Owner for any expenses resulting from moving, storing and otherwise handling such vehicle and assumes full responsibility and sole liability with respect to such vehicle prior to release thereof to Bidder/Buyer and removal by Bidder/Buyer from the auction premises. CLASSIC MOTORCAR AUCTION, LLC Ohio Summer Classic Auto Auction August 29 – 30, 2009 TERMS AND CONDITIONS OF BIDDING 1. All items are sold “AS IS WHERE IS” and with no warranties or guaranties of any type either expressed or implied made by Classic Motorcar Auctions, LLC. Any warranties made by the Seller must be in writing on an instrument separate from the Purchase Invoice and Bill of Sale and signed by both the Buyer and the Seller. In no event shall Classic Motorcar Auctions, LLC, the auctioneer, any employee, agent or associate of Classic Motorcar Auctions, LLC be responsible or liable for such warranties, guarantees or the geniuses or description of any item offered for sale. 2. All statements printed in Classic Motorcar Auctions, LLC catalogues, ads, brochures, signs and car cards as well as verbal statements made by the auctioneer or staff, have come from the Seller and are accepted as reliable, Classic Motorcar Auctions, LLC assumes no responsibility or liability for the representations made by Sellers and shall have no obligation to verify or authenticate such statements or claims. Any announcements made sale day supersede printed information in the catalogues, ads, brochures, signs and car cards. 3. Unless the sale of an article is advertised or announced to be otherwise, each lot is offered subject to the reserve price of the Seller. When an article is sold with reserve, the auctioneer may bid on the Seller’s behalf in an amount not to exceed the reserve price. 4. Payment of funds due Buyer from any other transaction may, at Classic Motorcar Auctions, LLC discretion, be withheld from Buyer and applied to other purchases made by Buyer. All payments must be made with good funds which are defined as cash, cashier’s checks, traveler’s checks or personal/company check backed by an Irrevocable Bank Letter of Guarantee stating the amount to be honored by the bank. Drafts are not acceptable. No item can be removed from the premises before making settlement. Title for any titled item purchased may be withheld until Buyer’s funds clear Classic Motorcar Auctions, LLC’s bank account. All cash payments will be reported to the Federal Government subject to applicable law. 5. All items shall be removed from the sale area by the Buyer at Buyer’s expense immediately following the sale, and if not so removed, Classic Motorcar Auctions, LLC may remove the item with all costs of moving and storage to be paid by the Buyer. 6. If any of the terms of sale contained herein, or in any instrument collateral hereto, are not complied with by the Buyer, in addition to other remedies available by law to Classic Motorcar Auctions, LLC and/or the Seller (including the right to hold the Buyer liable for the bid price), Classic Motorcar Auctions, LLC and/or Seller at its option may do either of the following: (1) Cancel the sale and retain as liquidated damages all payments made by the Buyer, or (2) resell the item on 5 days written notice to the Buyer at a private or public sale for the account of and at the risk of the Buyer, and in such event the Buyer shall be liable for any deficiency plus all costs for such reselling, including moving and storage and the entry fees and commissions for both the first and second sale and all reasonable attorney fees and court cost incurred. 7. All terms of sale posted on the auction premises, printed in sale brochures, forms, signs, publicly announced, or otherwise published are incorporated herein by reference. 8. If any check given in payment is dishonored for any reason (including but not limited to insufficient funds, stop payment or the like), Buyer aggress, whether such check is signed by Buyer as maker or endorser, that if such check is placed in the hands of an attorney for collection, to pay all reasonable attorney fees incurred, together with all court costs and associated expenses in the event suit is instituted. 9. If Buyer sues Classic Motorcar Auctions, LLC and does not prevail, Buyer will reimburse Classic Motorcar Auctions, LLC for all reasonable legal fees and expenses connected with such suit. 10. Buyer shall pay all city and state sales, use and other taxes assessed, due to or resulting from Buyer’s failure to qualify as exempt from such taxes. Buyer also agrees to pay the Buyer’s Premium and any other applicable fees.