GUN AUCTION SATURDAY, DECEMBER 11, 2010 123 CHURCH STREET MARTIN, TENNESSEE THE PROPERTY LISTED AND DESCRIBED ON THE ATTACHED LIST WILL BE OFFERED UNDER THE FOLLOWING TERMS AND CONDITIONS OF SALE, WHICH TERMS AND CONDITIONS OF SALE AND DESCRIPTIONS OF ITEMS LISTED ON THE ATTACHED, MAY BE AMENDED, UPDATED OR ALTERED AT THE TIME AND PLACE OF SALE FROM THE AUCTION BLOCK. THESE TERMS AND CONDITIONS OF SALE AND ANY ANNOUNCEMENTS FROM THE AUCTION BLOCK SHALL BE BINDING ON ANY BIDDER, WHETHER PRESENT OR REPRESENTED BY AN AGENT OR ABSENTEE BIDDER. BUYERS ARE BOUND BY THESE TERMS AND CONDITIONS OF SALE. 1. TERMS OF SALE: ALL PROPERTY IS SOLD AS-IS AND WHERE-IS AND NEITHER ALEXANDER AUCTIONS & REAL ESTATE SALES NOR THE SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND OR NATURE WITH RESPECT TO THE PROPERTY BEING SOLD. IN NO EVENT SHALL ALEXANDER AUCTIONS & REAL ESTATE SALES OR THE SELLER BE RESPONSIBLE FOR THE CORRECTNESS OF OR BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, DESCRIPTION, SIZE, GENUINENESS, YEAR OF MANUFACTURE, ATTRIBUTION, PROVENANCE OR CONDITION CONCERNING THE PROPERTY OR ANY WARRANTY THAT ANY ITEM COMPLIES WITH ANY APPLICABLE FEDERAL OR STATE LAWS. NO STATEMENT SET FORTH IN THE ATTACHED LIST OR MADE AT THE SALE OR IN THE BILL OF SALE OR INVOICE OR ELSEWHERE, WHETHER ORAL OR WRITTEN, SHALL BE DEEMED SUCH A WARRANTY OR REPRESENTATION OR AN ASSUMPTION OF LIABILITY. ALEXANDER AUCTIONS & REAL ESTATE SALES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF THE DESCRIPTIONS OR REPRESENTATIONS WHICH WERE PROVIDED BY THE SELLER AND ARE LISTED ON THE ATTACHED OR AS TO THE CONDITION OF THE ITEM. 2. THE SALE OF ANY ITEM WILL NOT BE CLOSED AND SOLD UNLESS IT IS OFFERED AT THE LIVE AUCTION. 3. ALEXANDER AUCTIONS RETAINS THE RIGHT TO WITHDRAW OR REGROUP ANY GUN OR ITEM IN THE AUCTION. 4. ALEXANDER AUCTIONS RETAINS THE RIGHT TO CHANGE THE ORDER OF AUCTION AS THEY SEE FIT. 5. ALEXANDER AUCTIONS IS NOT RESPONSIBLE AND IS NOT LIABILITY FOR ANY BIDS WHICH DO NOT GET SUBMITTED. 6. ON-SITE BIDDING: A 10% BUYER'S PREMIUM WILL BE ADDED TO THE PURCHASE PRICE OF EACH ITEM TO REACH THE TOTAL SALES PRICE. 7. ON-SITE BIDDING: A 13% BUYER’S PREMIUM WILL BE ADDED TO THE PURCHASE PRICE OF EACH ITEM TO REACH THE TOTAL SALES PRICE FOR ALL ITEMS THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, WIRE TRANSFER OR PERSONAL CHECK. WE ACCEPT VISA AND MASTER CARD ONLY FOR ON-SITE BIDDING. 8. ON-LINE & ABSENTEE BIDDING: A 15% BUYER’S PREMIUM WILL BE ADDED TO THE PURCHASE PRICE OF EACH ITEM TO REACH THE TOTAL SALES PRICE OF ALL ITEMS THAT ARE PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. 9. ON-LINE & ABSENTEE BIDDING: A 18% BUYER’S PREMIUM ADDED TO THE PURCHASER PRICE OF EACH ITEM TO REACH THE TOTAL SALES PRICE OF ALL ITEMS THAT ARE NOT PAID FOR BY CASH, CASHIER’S CHECK, CERTIFIED FUNDS, OR WIRE TRANSFER. WE ACCEPT VISA AND MASTERCARD ONLY. 10. ON-LINE & ABSENTEE BIDDING: YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION. 11. PAYMENT: PAYMENT MUST BE MADE ON ALL PURCHASES IN FULL AT SALE CONCLUSION. ALL PAYMENTS ARE TO BE MADE IN U.S. CURRENCY. ALL BUYERS AGREE TO PAY FOR THEIR PURCHASES NO LATER THAN THE DAY OF THE AUCTION, UNLESS OTHER ARRANGEMENTS HAVE BEEN MADE, BY CASHIER'S BANK CHECK, CERTIFIED BANK CHECK, OR IRREVOCABLE LETTER OF CREDIT IN FAVOR OF ALEXANDER AUCTIONS & REAL ESTATE SALES, REQUIRED OF ALL PURCHASERS NOT PERSONALLY KNOWN BY THE AUCTION COMPANY. PURCHASERS WHO WISH TO PAY BY PERSONAL CHECK MUST BE CLEARED BY ALEXANDER AUCTIONS & REAL ESTATE SALES OR BY OWNERS. ALL PROSPECTIVE BIDDERS SHOULD PRE-REGISTER FOR A BIDDING NUMBER AND GIVE EVIDENCE OF THEIR CREDIT-WORTHINESS. 12. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY EXCUSES FOR A CHECK THAT DOES NOT CLEAR. PERSONAL CHECKS ARE ACCEPTED FROM PEOPLE WHO WE HAVE APPROVED AND WE EXPECT THESE CHECKS TO CLEAR THE BANK IMMEDIATELY. 13. GUNS: FFL LAWS APPLY. ALL GUN SALES ARE SUBJECT TO BACKGROUND APPROVAL. 14. ADDITIONAL $10.00 FEE IS REQUIRED FOR THE BACKGROUND CHECK. 15. ALL OUT OF STATE PURCHASES MUST BE TRANSFERRED TO A FEDERAL FIREARMS LICENSED DEALER IN THEIR RESPECTIVE STATE FOR ANY FIREARM A FFL (FEDERAL FIREARM LICENSE) SIGNED FORM MUST BE FAXED AND MAILED WITH THE FFL NUMBER, EXPIRATION DATE, ADDRESS TO BE SENT AND BIDDER’S NAME. THIS IS BECAUSE THE FAX IS HARD TO READ. FAX (731) 587-2698 MAIL TO: ALEXANDER AUCTIONS & REAL ESTATE SALES P. O. BOX 129, MARTIN, TN 38237-0129 16. SHIPPING: THE SHIPPING CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER. THE SHIPPING COMPANY WILL VARY DEPENDING ON THE ITEMS PURCHASED EITHER UPS OR THE UNITED STATES POSTAL SERVICE WILL BE USED. THE COST OF SHIPPING WILL BE ACCORDING TO UPS OR UPS’S CHARGES. SHIPPING IS CHARGED SEPARATELY TO THE CREDIT CARD ON FILE. 17. IF YOU WOULD LIKE YOUR ITEMS TO BE SHIPPED WITHOUT INSURANCE PLEASE CONTACT THE AUCTION COMPANY IMMEDIATELY FOLLOWING THE AUCTION. ALSO NOTE INSURANCE CHARGES ARE THE RESPONSIBILITY OF THE WINNING BIDDER. 18. ITEMS WILL BE SHIPPED 7 TO 14 WORKING DAYS AFTER THE FFL IS RECEIVED. IF A FIREARM IS PURCHASED WE WILL NEED A FFL DEALER'S LICENSE BEFORE WE CAN SHIP ANY FIREARM. A $15 MINIMUM PACKING CHARGE WILL BE MADE. 19. TO BE AN APPROVED ON-LINE BIDDER AT THIS AUCTION YOU MUST HAVE A VALID VISA OR MASTERCARD CREDIT CARD ON FILE. YOUR CREDIT CARD ON FILE WILL BE CHARGED IMMEDIATELY FOLLOWING THE AUCTION FOR THE FULL AMOUNT OF THE WINNING HAMMER PRICE, PLUS PREMIUMS, PLUS SALES TAX. SHIPPING WILL BE CHARGED AFTER ITEM(S) ARE BOXED & READY TO SHIP. IF YOUR CREDIT CARD IS DENIED THERE WILL BE A $30.00 CHARGE. TENNESSEE BIDDERS ARE CHARGED A SALES TAX OF 9.75% UNLESS YOU HAVE A VALID TENNESSEE SALES TAX NUMBER. 20. PLEASE DO NOT CALL THE AUCTION CENTER THE DAY OF THE AUCTION. IF YOU HAVE ANY PROBLEMS CALL PROXIBID CUSTOMER SERVICE AT 1-877-505-7770. 21. BIDDER CONTRACT: THIS BIDDER CONTRACT ENTERED INTO BETWEEN THE BIDDER WHOSE NAME IS REGISTERED AND SHALL GOVERN THIS AUCTION AND HE/SHE AGREES WITH THEM. ADDITIONAL TERMS MAY BE POSTED OR ANNOUNCED FROM THE AUCTION BLOCK WHICH ARE JUST AS BINDING AS THE BELOW TERMS. FULL PAYMENT: ALL ITEMS MUST BE PAID FOR IN FULL BEFORE BIDDER LEAVES THE PREMISES. NOTHING MAY BE REMOVED UNTIL IT IS SETTLED FOR. PAYMENT FOR PURCHASES MUST BE MADE BY CASH OR CASHIER’S CHECK OR BY PERSONAL CHECK OR BUSINESS CHECK. LETTERS OF CREDIT OR GUARANTEE MUST BE FOR THIS AUCTION ONLY, ALONG WITH PROOF OF IDENTITY. BIDDER AGREES NOT TO STOP PAYMENT ON CHECKS OR DISALLOW A BANK DRAFT AND IS RESPONSIBLE FOR ANY EXPENSES DUE TO COLLECTION OF BAD CHECK. IN THE EVENT OF NON-PAYMENT OF BAD-CHECK, THE AUCTIONEERS RESERVE THE RIGHT TO REPOSSESS, AT ANY TIME, AT YOUR LOCATION, THE MERCHANDISE INVOLVED. 22. WARRANTY: ALL ITEMS ARE SOLD AS IS, WHERE IS, WITHOUT GUARANTEE OF ANY KIND. NO WARRANTY OF QUALITY, CONDITION, MERCHANTABILITY, OR FITNESS FOR INTENDED USE OR ANY PARTICULAR PURPOSE OR PARTICULAR USE IS GIVEN. ALL MERCHANDISE IS EITHER NEW, USED, CONSIGNED AND SALES ARE FINAL!! NO RETURNS OR CHARGE BACKS ALLOWED! RETURNS AND CHARGE BACKS WILL RESULT IN A BLACK FLAG WITH PROXIBID. 23. DESCRIPTION TAKES PRECEDENCE OVER PICTURE 24. THE DESCRIPTIONS OF ITEMS APPEARING IN ADVERTISING PRIOR TO THIS AUCTION ARE BELIEVED TO BE CORRECT. NEVERTHELESS, NEITHER THOSE DESCRIPTIONS NOR ANY ORAL STATEMENTS MADE BY THE OWNER (OR HIS AGENTS OR OFFICERS) OR THE AUCTIONEERS (OR HIS AGENTS OR OFFICERS) CONCERNING ANY ITEM SHALL BE CONSTRUED AS A WARRANTY, EITHER EXPRESSED OR IMPLIED, BIDDER AGREES TO INSPECT THE ITEMS THEY ARE BIDDING ON AND TO SATISFY THEMSELVES AS TO THE PROPER NAME, AGE, AND CONDITION OF THE ITEM. I, THE BIDDER, HAVE EXAMINED THIS MERCHANDISE AND ACCEPT IT IN, AS IS CONDITION. 25. DISPUTES: THE AUCTIONEER SHALL DESIGNATE THE WINNING BIDDER AFTER EACH ITEM IS AUCTIONED. IF A DISPUTE ARISES BETWEEN TWO OR MORE BIDDERS, THE AUCTIONEERS RESERVE THE RIGHT TO REOPEN THE BIDDING. THE AUCTIONEERS´ DESIGNATION OF A BUYER SHALL BE FINAL. FAILURE TO COMPLY: IF SUCCESSFUL BIDDER FAILS TO COMPLY WITH WRITTEN AGREEMENT OR PAYMENT AS REQUIRED, THE SUCCESSFUL BIDDER SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES OCCURRED TO SELLER, INCLUDING BUT NOT LIMITED TO DEFICIENCY IN SELLING PRICE, ATTORNEY FEES, OR ANY OTHER DAMAGES THEY MAY OCCUR AS A RESULT OF NONCOMPLIANCE BY BIDDER. 26. ATTORNEY FEES: IN AN ACTION ARISING OUT OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO REASONABLE ATTORNEY FEES AND COSTS. 27. BUYER’S RESPONSIBILITY: AFTER A BIDDER HAS WON THE BID WITH HIS/HER HIGH BID; THEY HAVE BECOME THE NEW OWNERS OF THE ITEM, EVEN THOUGH THEY MAY NOT HAVE PAID FOR THE ITEM YET. THE ITEM(S) BECOMES THE FULL AND SOLE RESPONSIBILITY OF THE BUYER AT THIS POINT AND BUYER ASSUMES ALL RISK OF LOSS AND DAMAGE. BUYERS SHOULD GUARD THEIR ITEMS ACCORDINGLY. BUYER SHOULD INSURE THEIR PURCHASES IMMEDIATELY AFTER PURCHASE. 28. INJURY AND DAMAGE: BIDDER ACKNOWLEDGES RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE BIDDER OR HIS AGENT, AND FURTHER AGREES TO HOLD THE AUCTIONEERS HARMLESS FORM ANY PERSONAL INJURY TO HIMSELF OR HIS AGENTS AND ANY PROPERTY DAMAGE INCURRED ON AUCTION PREMISES. 29. AGENTS ONLY: THE AUCTIONEERS ARE ACTING AS THE OWNERS AGENTS ONLY. BIDDING: BIDDING IS OPEN TO THE PUBLIC, AUCTION STAFF AND AUCTIONEER MAY BID ON AN ITEM IF THEY DESIRE. 30. RESERVE: ALL ITEMS ARE SOLD WITH RESERVE UNLESS STATED OTHERWISE. IF RESERVE ITEM DOES NOT MEET SET PRICE ITEM MAY BE PASSED OR SELLER MAY CONFIRM PRICE. 31. WRITTEN MATERIAL: ANY WRITTEN MATERIAL SUPPLIED TO YOU SHOULD BE USED AS A GUIDE ONLY. ITEMS HAVE BEEN IDENTIFIED AND DESCRIBED BASED ON INFORMATION AVAILABLE TO US, BUT MAY NOT BE ACCURATE. 32. ABSENTEE BIDDERS: AUCTIONEER WILL BID OR HAVE SOMEONE BID ON BEHALF OF ABSENTEE BIDDER. CREDIT CARD NUMBER MUST BE LEFT WITH PROXIBID AND ALEXANDER AUCTIONS. 33. BIDDERS WHO BID OFF-SITE AND ARE NOT PRESENT AT THE LIVE AUCTION OR PREVIEW UNDERSTAND AND ACKNOWLEDGE THAT THEY MAY NOT BE ABLE TO INSPECT AN ITEM AS WELL AS IF THEY EXAMINED IT IN PERSON. IT IS THE BIDDER’S RESPONSIBILITY TO DETERMINE CONDITION, AGE, GENUINENESS, VALUE OR ANY OTHER DETERMINATIVE FACTOR. 34. ALEXANDER AUCTIONS IS PROVIDING INTERNET PRE- AUCTION AND LIVE BIDDING AS A SERVICE TO BIDDER. BIDDER ACKNOWLEDGES AND UNDERSTANDS THAT THIS SERVICE MAY OR MAY NOT FUNCTION CORRECTLY THE DAY OF AUCTION. UNDER NO CIRCUMSTANCES SHALL BIDDER HAVE ANY KIND OF CLAIM AGAINST ALEXANDER AUCTIONS AND REAL ESTATE SALES OR ANYONE ELSE IF THE INTERNET SERVICE FAILS TO WORK CORRECTLY BEFORE OR DURING THE LIVE AUCTION. 35. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT BE RESPONSIBLE FOR ANY MISSED BIDS FROM ANY SOURCE. 36. INTERNET BIDDERS WHO DESIRE TO MAKE CERTAIN THEIR BID IS ACKNOWLEDGED THEIR BID IS ACKNOWLEDGED SHOULD USE THE PROXY-BIDDING FEATURE AND LEAVE THEIR MAXIMUM BID 24 HOURS BEFORE THE AUCTION BEGINS. 37. REMOVAL OF PROPERTY OR STORAGE: NONE OF THE PROPERTY MAY BE REMOVED FROM THE PREMISES UNTIL THE TOTAL PURCHASE PRICE HAS BEEN PAID. ANY ITEMS LEFT AND NOT REMOVED FROM THE PREMISES REMAIN AT THE SOLE RISK OF THE BUYER. 38. ALL ITEMS ARE AVAILABLE FOR YOUR VIEWING BEFORE THE ITEM IS OFFERED FOR AUCTION, AND YOU SHOULD MAKE AN INSPECTION OF THESE ITEMS BEFOREHAND SO THAT YOU ARE SATISFIED WITH THEIR CONDITION. 39. ALL SALES ARE FINAL. ALL PURCHASERS ARE RESPONSIBLE FOR THE ITEM UPON THE FALL OF THE HAMMER. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT ACCEPT ANY MERCHANDISE BACK BECAUSE YOU HAVE DECIDED THAT YOU DO NOT WANT IT OR YOU MAY DECIDE YOU HAVE OVERPAID FOR IT. IF YOU PURCHASE AN ITEM AND LEAVE AND DO NOT PAY FOR IT, THEN WE WILL PROCEED TO COLLECT FOR THE ITEM IN A LEGAL MANNER. 40. ALEXANDER AUCTIONS & REAL ESTATE SALES WILL NOT TOLERATE ANY PILFERING OR TAKING OF ANY ITEM OR THEFT OF ANY ITEM. ANY WRONG DOING WILL BE PROSECUTED TO THE FULLEST OF THE LAW. 41. CONDUCT OF AUCTION: ALEXANDER AUCTIONS & REAL ESTATE SALES RESERVES THE RIGHT, WITHOUT GIVING ANY REASON, TO PUT UP ITEMS OUT OF NUMERICAL SEQUENCE AND TO WITHDRAW ANY ITEM, ITEMS, OR LOT FROM THE AUCTION. 42. ANY INDIVIDUAL HERE HAS THE RIGHT TO BID, INCLUDING ANYONE ATTENDING THIS AUCTION OR WORKING IN THIS AUCTION. 43. ALL ANNOUNCEMENTS MADE FROM THE AUCTION STAND WILL TAKE PRECEDENCE OVER ANY PREVIOUS ANNOUNCEMENTS OR STATEMENTS. 44. PURCHASER SHALL BE RESPONSIBLE FOR THE LOADING AND MOVING OF THEIR ITEMS. ALEXANDER AUCTIONS & REAL ESTATE SALES DOES NOT FURNISH HELP TO MOVE ITEMS. IN THE EVENT AN EMPLOYEE OF ALEXANDER AUCTIONS & REAL ESTATE SALES ASSISTS IN THE MOVING OR LOADING OF AN ITEM, ALEXANDER AUCTIONS & REAL ESTATE SALES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR ACCIDENT THAT MAY OCCUR TO THE ITEM OR PERSON THEY ARE ASSISTING. WE APPRECIATE YOUR ATTENDING THIS AUCTION AND WILL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE. Alexander AUCTIONS & REAL ESTATE SALES, AGENT FOR THE SELLER MARVIN E. ALEXANDER, CAI - LIC. #9, FL #107 MARTIN, TN 38237 * (731) 587-4244 * EMAIL: alexanderauctions@frontiernet.net CHECK OUT OUR WEBPAGE FOR UPCOMING AUCTIONS: www.alexanderauctions.com