43 - NEW HOLLAND SICKLE MOWER

Please read and review the following terms prior to bidding. If you do not understand these terms, please do not bid. By bidding, you are agreeing to abide by all terms and conditions , and understand that your bid is a legally binding offer to purchase. Please be sure of your bid before you place them. We cannot retract bids or excuse you from the purchase of any item of which you may be the successful bidder . • Inspection: Bidders shall have ample time to view the property/items as set forth in auction advertising. The location, dates and times for these inspections will be posted. Chuck Marshall Auction and Real Estate, Inc. will not be held responsible for any damages which may occur while inspecting items/property. • Time is of the essence • Agency Disclosure: Buyers understand that auctioneers are agents of the seller. • Catalog/Property Descriptions: Chuck Marshall Auction and Real Estate, Inc. has made no effort to test the items cataloged. We have gathered the information provided from the seller. Please use due diligence to inspect items and property. There are no warranties, expressed or implied. There will be no returns, exchanges, or discounts on items. Property is sold in "as is" condition and it is the bidders responsibility to be satisfied with conditions before placing a bid. • Auction Start: Auction will begin at time as stated . • Payment: Cash, good check and credit card(Master Card, Visa, Discover) will be accepted for payment within 48 hrs of sale close. Credit cards will be charged an additional 4% convenience fee. Wiring instructions are available to transfer funds. A $30 fee will be charged to use this option. Please call office at 606-845-5010. 6% Ky Sate sales tax will be added to all items. All farm and/or resale exemptions must also be signed at time of payment. By signing the agricultural exemption form or supplying a resale ID number, sales tax will be waived. All payments shall be made to Chuck Marshall Auction and Real Estate. There is a 5% buyers premium added to the total purchase. All sales are final and there will be no credit charge backs permitted. Checks returned to our facility will be subject to a $50.00 service fee. • Default of buyer: Successful bidder not paying for items at the end of the auction will be considered in default. Such default by the successful bidder will result in that bidders liability to both the seller and the auction company. Seller shall have the right to (a) declare this contractual agreement cancelled and recover full damage for its breach (b) to elect to affirm this contractual agreement and enforce its specific performance or (c) seller can resell the items either publicly or privately with the auction company and in such an event, the buyer shall be liable for payment of any deficiency realized from the second sale plus all cost, including, but not limited to the holding/transporting/storage cost of the items, the expenses of both sales, legal and incidental damages of both the seller and the auction company. In addition, the auction company also reserves the right to recover any damages separately from the breach of the buyer. The purchaser agrees to pay all reasonable attorney fees and cost incurred the auction company in the collection of funds. The purchaser also agrees that a storage/handling fee of 2% per month to be added to the balance of any unpaid balance due to the auction company and any other cost or losses incurred by the buyers failure to adhere to these terms. Any debt collection or dispute proceedings will be litigated or arbitrated in Fleming Co Court at the option of both the seller and the auction company. Both the successful bidder and seller shall indemnify and hold harmless the auction company from any cost, losses, liabilities, or expenses, including attorney fees resulting from the auction company being names as a party to any legal action resulting from either bidders or sellers failure to fulfill any obligations and undertakings as set forth in this contractual agreement. • Pick up: All items shall be picked up within 48 hrs. of auction completion. • Chuck Marshall Auction and Real Estate Company, nor the software company hosting the auction will be held responsible for missed bids related to internet or software difficulties. Auction company reserves the right to extend an auction or cancel at its discretion. • Please call us with questions 606-845-5010. • Conduct of the auction and increments of bidding are at the direction and discretion of Chuck Marshall Auction and Real Estate Co. We reserve the right to reject any and all bids for any reason and reserve the right to cancel this auction or remove any item or lot from this auction prior to close of bidding. If you do not understand these terms, and wish to bid, please give us a call for clarification. Chuck 606-782-0374 Michele 606-782-0488 Chad 606-782-6360