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THIS IS A COMPLETED SALE
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RABER LUMBER
Listing ID#: 340798

Sale Location
Millersburg, OH 44654

Sale Dates and TimesSALE IS COMPLETED
Thursday Oct 22, 2020 Completed

Sale Type
Live Auction

Company Information
Bright Star Realty and Auctions, INC Contact: Loren Beachy Email: beachyauctions@gmail.com Website: brightstarauctions.com EstateSale.com ID#: 11117 View company information and listings

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Listing Terms and Conditions
Bidder Terms and Conditions These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms. Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows: IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO . Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid. “Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION. “Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids. “Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property. “Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder. “Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms. “Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer. "Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property. "Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation. “Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation. “Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer. “High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot or on a parcel of Real Property. “High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price. “High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property. "Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event. “Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer. “No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale. “Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions. “Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online. "Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered. “Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers. “Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer). “Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms- length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction. “Property” means the Real Property and the Personal Property. “Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction. “Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction. “Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE. “Reserve Price” means the minimum price that Seller is willing to accept for specific Property. “Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer. “Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid. “Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by Seller). "Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid. “Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction. “Without Reserve” means Absolute. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration. Auction Conducted in the State of Indiana. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site. Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium. The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction. The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion. Nature of the Auction. X The Auction for the Personal Property is an Absolute Auction. The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online: Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification. Online Bids. Online bids may not be reduced or retracted. Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advances in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property. All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or representation by Auctioneer Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller. Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid. No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages. Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Listing Terms and Conditions

Bidder Terms and Conditions

These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.

Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:

IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .

Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.

“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.

“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.

“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.

"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.

"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer.

“High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.

“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).

“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms- length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.

“Property” means the Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction.

“Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction.

“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by

Seller).

"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.

“Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.

“Without Reserve” means Absolute.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

Auction Conducted in the State of Indiana.

1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.

Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction.

The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction.

Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.

Nature of the Auction.

X The Auction for the Personal Property is an Absolute Auction.

The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer.

Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.

No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.

Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:

1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.

1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.

1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.

1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.

1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.

1. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.

1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.

1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,

(i) that the Online Auction Platform or any related website or technology will be uninterrupted, error free or virus free, (ii) as to the results that may be obtained by using the Online Auction Platform or any related website or technology, or (iii) as to the accuracy, completeness, reliability, security, or current nature of the Online Auction Platform or any related website technology.

1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.

1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.

1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

1. Online Bids. Online bids may not be reduced or retracted.

Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advances in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.

Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.

Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.

Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.

Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.

All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.

Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.

Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or

representation by Auctioneer

Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.

Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.

Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.

Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.

All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.

Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.

Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.

Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.

No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.

Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.

Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled

to specific performance or other equitable relief.

Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.

Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.

Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.

Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.

Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Listing Information
Complete sawmill liquidation includes Cleereman carriage, Crosby Edger, 2018 Tigercat Skidder, 2 Tigercat knucklebooms, John Deere dozer and a 2018 Chevy Silverado. Live phone and online bidding available. Contact Myron @ 574-229-4341 to consign equipment for free marketing! 99 Sawmilling Game 100 Jockey Grinder Good Condition 100A Cant Turners and Wedges Total of 3* 100B Come Along Hoist * 100C Wrench For Saw * 101 Armstrong Shaper and Swedger In working condition 102 Stihl Chainsaw MS661C, 24" bar, good condition 103 Stihl Chainsaw MS461. 20" bar, good condition 104 Husqvarna Chainsaw 390XP, new 20" bar, good condition 105 Husqvarna Chainsaw 570XP, new 20" bar 105A McCullough Chain Saw Condition unknown* 105B Homelite Chainsaw Lot # C6344, serial # 4456812, condition unknown 105C Saw Chains for Husqvarna Bar 7 new, some used 106 Log Deck Chain WH 78, 4 strands 10', approx. 40' new chain 106A Sprockets, Cylinder, Pulley etc. * 106B Replacement Rolls * 106C 3- 5 Gallon Gas Jugs * 107 Trash Pump Hose 2" trash pump hose on cart, 250' of hose 108 Cable 3/8", 100' debarker cable 109 Tanak Pro Force Trash Pump TCP210 109A Shop Built Gear Reducer * 109B Log Arch Was used on John Deere* 109C Web Belt* 20” x approx. 100’ 109D Heat Exchanger Model AO-25* 109E Flowserve Chemical Transfer Pump * 110 Mellott Debarker Item # 200, serial # 90-200-208, type 10, date mfg. 3/1990, 36" Rosserhead, 1 newer shaft, 1 broken shaft, needs new bearings and bullwheels, includes cab and all controls, 30 HP electric motor 110A Debarker Parts Electric valves, misc. parts for debarker 111 Hydraulic Station 10 HP Baldor electric motor, Vickers PVB10 pump, with remote operated controls 112 Patz Barn Sweep 37' plus 30' chain only, 18" paddles 113 Log Deck 3 strand, 10' x 17' with stop and load, hydraulic Tulsa gear drive, includes 36" steel structure legs, sprockets at 30% 114 Shane Mfg. Log Deck 4 strand 11' x 21' hydraulic gear drive, 5 HP Lincoln electric motor 115 Cleereman Carriage Model 38, serial # 38-30488, 3 head block, electric over air setworks, in fair condition, includes operators cab and all controls, same owner/operator since 1990. 1st lot of an entirety. 116 Track and Frame 50' in good condition 117 Tyrone Carriage Drive and Feed Updated Cleereman feed motor, with 75 HP electric motor, includes hydraulic cooler, model AOCH-40-3, all in excellent condition 118 Entirety Lot 115-117 With 10% raise 118A Parts for Cleereman Carriage New axle, new air motors, rebuilt valves 118B Rebuilt Cooper Air Motor For Carriage Model # 73406AA0, serial # B367041* 118C New Pump For Feed on Carriage * 119 Mellott Log Deck 3 Strand, 10' x 28' with stop and load, hydraulic Tulsa gear drive, includes 4' steel structure legs, 4' roll off bars, 2" plank decking 120 Mellott Log Turner Serial # 902A0074, Model 6, 52", hydraulic drive, in good condition 120A New Cylinder For Log Turner . 120B Hydraulic Pack Was used to run log deck and log turner 121 Albany Band Mill Model NEW9/169, serial # 214, FT right hand single cut, 7' wheel with 11" face and 1" meat on wheel, sells with blade on mill, and off feed belt, good running condition. Option to buy 9 new bands from seller. 122 Electric Motor 150 HP, 1189 RPM, frame size 445T, new in 2006 122A STARTER 122B LUBE WICK 123 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 124 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 125 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 126 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 127 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 128 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 129 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 130 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 131 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 132 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 133 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 134 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 135 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 136 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 137 Patz Barn Sweep 38' plus additional 25' of chain only, 18" paddles, 5 HP electric motor 138 Electric Fan 32", in barn sweep 139 Mellott Roll Case with Transfer Deck 20', 6 1/2'' x 24'' rolls, 4 strand popup transfer 12' x 7' electric gear drive, with air trigger stop 140 Mellott Roll Case 13', 6 1/2'' x 24'' rolls, no drive 141 Crosby Edger No. 51415, size 42, 1 stationary, 2 moveable blades, new shaft and bearings 5 years ago, feed rolls are worn, 5 1/2'' cutting capacity, with infeed and outfeed rolls, electric over hydraulic setworks. 1st lot of an entirety 142 Lumberline Laser Light System Complete moveable system with 3, L10 110 volt heads 143 Delco Electric Motor 50 HP, RPM 1775, frame size 365U 144 Edger Blades 6 20'' solid blades, 7 set split blades 145 Entirety Lot 141-144 With 10% raise 146 Patz Barn Sweep 24' electric drive, drive and chain only 147 Custom Built Guide Block Sharpener Rockwell Delta grinder, custom design with additional new and used guide blocks 148 Skate Roller 36'' x 84'', 2 1/2'' x 17'' rolls, 34'' steel structure legs 149 Skate Roller 10', 2 1/2'' x 20'' rolls, 33'' steel legs 150 Mellott Belt Conveyor 20'' x 18', will have new belt by auction time, electric drive 151 Morbark Chip Pak System 58'' chipper, serial # 869, Mfg. 1995, was rebuilt in 2017, serial # for shaker 839, 6' x 6' screen new in 2017, includes cyclone 151A Chipper Knives Total of 5 set, various conditions 151B Belly Pan for Chipper Replacement for 58'' chipper, AR400 151C Chipper Parts 1-wear plate, 2-shaker screen rods, 3-fly wheel paddles, lugs and nuts 152 Reliance Electric Motor 150 HP, 1780 RPM, frame size 444T, was used to run chipper 153 Disconnect Cat. No. F355H, 400 Amp, 600 Volts, 3 phase, type 12 154 Mellott Vibrating Conveyor 14', 19'' pan, 4'' sides, with chipper mouth infeed and 5 HP electric motor 155 Allen Bradley Control Center Serial # SNN904841/1 156 Belt Conveyor 22', 12'' belt, V-frame, like new condition, 1 HP electric motor 157 Belt Conveyor 54', 16'' belt, V-frame, great condition 158 Belt Conveyor 10', 16'' belt, V-frame, 2'' sides, great condition 159 Morbark Chip Blower Serial # 50, 30 HP electric motor, 36'' blower, good condition, single S discharge pack 160 Blower Disconnect Cat. No. NF352H, series A, 60 Amp, 600 Volts 161 Champion Air Compressor Serial # R70A16640, HP unknown, good condition 162 Electric Motor Tag missing, approx. 15 HP 163 Fan 36'' electric box fan 164 Edmisston's Roll Case 25', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition 165 Edmisston's Roll Case 23', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition 166 Edmisston's Green Chain 4 strand, 10' x 72' with C55D roof top chain, adjustable height legs, electric gear drive, excellent condition 167 Skate Roller 14', 2 1/2'' x 17'' rolls 168 Skate Roller 10', 2 1/2'' x 12'' rolls, 36'' steel legs 169 Skate Roller 28'' x 5' total of 2 170 General Electric Motor 10 HP, 3 phase, 1750 RPM, 215T frame size 171 Starter and Electric Box Allen Bradley starter box for 10 HP motor, breaker panel box 172 Lumber Cart 49'' x 42'' low profile cart 173 Lumber Cart 49'' x 42'' low profile cart 174 Lumber Cart 49'' x 42'' low profile cart 175 Lumber Cart 49'' x 42'' low profile cart 176 Lumber Cart 49'' x 42'' low profile cart 177 Lumber Cart 49'' x 42'' low profile cart 178 Lumber Cart 49'' x 42'', 14'' off ground 179 Lumber Cart 49'' x 42'', 14'' off ground 179A Lumber Cart 42” x 72”, 2 swivel wheels and 2 stationary wheels 180 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 181 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 182 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 183 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 184 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 184A New Wheels For Lumber Carts * 185 Dip Tank 6' x 19' x 66'' deep, has stainless steel liner, hydraulic lift needs work 185A Barn Sweep* 24" wide, Approx 35' flat 4' incline, hyd drive, fair Condition 186 Waste Conveyor 24'' x 60' with 12'' sides, bar chain type, electric gear drive 186A Baker Resaw* Model BBR-0, Ser# 95-1590, New 20 hp Electric Motor, Good Working Condition 186B HMC Double End Trim Saw Model ET-10, Ser# 25488, 2-30" Blades, cuts 6' to 16' , put $9000 in last 2-yrs, Good Working Condition 186C Unscrambler* Board Dealer with Photo Eye , Hyd drive, comes with 11'x 12' 4-strand roof top grading Deck, 1hp electric drive, Good Working Condition 186D Transfer Deck* 16' x 11' 4-Strand Deck, Hyd drive, Good working Condition 186E Miller Welder* Syncrowave 180 SD Tig Welder, CC•AC/DC Squarewave power, Good working Condition 186F Miller Welder* Dimension NT 450, CC /CV • DC Welding power Source, Good working Condition 187 Shop Built Transfer Deck 7'x26', Raised 8' high, no drive, Good Condition 188 Shop Built Unscrambler 9'x16', Raised 8' high, Shop Built Adjustable Unscrambler W/Hyd Kicker, very good Condition! 188A Shop Built Unscrambler* 66" wide 6' high, used for pallet lumber 189 Mellott Log Deck Kickers 2- 10' Kickers, Heavy Duty, Good Condition, 189A 26" Montgomery Hog* Good Working Condition 189B Dip Tank Lift* Hyd Lift, W/ Hyd Power Pack, Good working Condition 190 Cleereman Track & Carriage* Model 36, Ser# 36-220, Approx 48' track, 3-HB 2 in working condition, Air/ Hyd Setworks, Fair Condition 191 Mellot Log Trough* 19' x 14" x 32", 5hp 3-phase electric motor, w/ hyd kicker on both sides, no chain, appears to be in working Condition 819 192 Mellot Log Turner* Chain type, Hyd Drive, Good working Condition 193 Ferris HydroWalk Lawnmower 52”, pistol grip, works but has dead battery 194 Cornell Dust Blower 24” * 194A Cornell Dust Blower 24” 195 Detroit Diesel Works good, hp and hours unknown * 196 Log Deck 3 strand, 10’ x 24’ with 37” steel legs, not assembled* 196A Plastic pipe* 8" x 26' , plus elbow 197 Meadows Mill Edger Serial # 30S-1291X-86, 2- 16” blades, no drive 198 Reckart Mill 56” blade* 199 2006 Cat 247B Skid Steer Ser# MTL03211, Track Machine, 2 new tracks, Has Heat & A/C, A/C needs to be recharged, Quick Attach, Perkins Engine, Front Door is included, only 2299 Hrs!!, very good condition. 200 Tigercat 602 Skidder Serial # 6025009, 2018, 2329 hrs. cable skidder, one owner machine, LOADED, enclosed cab with heat, A/C and stereo, heated and cooled seat, nice clean, well maintained machine.Sells with reserve 201 1981 John Deere 440C Skidder Has 10 hrs on rebuilt Engine, New Clutch, 30 hrs on pumps, both Main and the charge pump in the transmission, Also has a set of Tire Chains, Winch has 100' of new cable, pulls like a 540! , Put over $10,000 in it in the past year, Works like it should! 201A Skidder Chains* Was used on lot # 200, very good condition, used only 1 winter 202 John Deere 650H Dozer PIN T0650HX908039, 8003 hrs. 6 way blade, new undercarriage 2 years ago (in excellent condition) new track sensors, John Deere 110,000 winch, solid, good working machine 203 Tigercat 230B Knuckleboom Serial # 2301152, 6801 hrs. continuous grapple, 2 main cylinders were repacked at 3000 hrs. this is a good working machine. 204 Tigercat 234 Knuckleboom Serial # 2340320, 18,920 hrs. continuous grapple, engine fires right up on cold days, good solid machine 205 CTR Bucksaw Model 42IP, 6' with 19' angled bed, was used with lot # 203 205A New Motor For Bucksaw * 205B Oregon Sharpener * 206 Knuckleboom Grapple Came off Prentice, as is 207 1995 Prentice 410D Knuckleboom Rebuilt Cummins Engine 600 hrs ago, Replaced alot of Hyd hoses in the fall of 2019, 5-2018-Rebuilt Bushing in big Main Lift Cyclinder, Runs Good Ready for Work. 207A Log Hog Knuckleboom* John Deere Engine, Joy Stick, Continuous Swivel Grapple, Buck saw Hook Up, has Hydraulic leak, Good Running Condition 208 Case 680K Backhoe Ser# 9161016, enclosed cab, heat, 2WD, Extendaboom, Late 80s, One Owner Only 5500 hrs, Comes W/ 18" Trenching Bucket, Well Maintained, Good Working Condition, Stabilizer Cyclinders are being repacked that's why they're missing.. 208A 24" Flat Bottom Footing Bucket Reconditioned like new 208B 36" Dirt Bucket Heavy Duty, Reconditioned like new 208C 2004 Pitts Log Trailer LT42 x 102, One owner, has title, Good Brakes! Good Working Condition 208D 2001 Transcraft Trailer* VIN 1TTF4820712007757, has title, No Brakes, removable bunks, Fair Condition 209 2018 Chevy Silverado LT VIN 1GCVKREC3JZ191269, 1500 V8 5.3L, 94,320 miles, 4x4, 4 door, 6 1/2' bed, CB radio, good tires, clean truck, with aluminum loggers utility box, 55 gallon fuel tank, and 12 volt DC fuel pump, put in rebuilt transmission 15,000 miles ago, has 2 yr. or 100,000 mile warranty 210 Aluminum Headache Rack and Peterbilt Mud-flaps 48” x 100” with chain hooks 800 610 Bobcat Skid Steer* New Battery, New Alternator, Electronic Fuel Pump, hrs unknown, Engine needs work, 801 Etnyre Trailer* Complete Rebuild, 25' Deck, 3' Dovetail, W/ Hyd Controls Powered By 5hp Honda Engine, Title, New Metal, New Brakes, Nice Trailer!! 801A 2001 Freightliner Truck* This vehicle has been removed from the auction due to major mechanical damage. 802 Clark Forklift* 8000 lbs Lift, no side shift, 3 speed, 48" forks, 2 stage mast, hrs unknown, Runs Rough needs work 803 Dimco-Milano Milling Machine* Model VM3/4, 12'X60" Table, Good working Condition 804 Hydraulic Tank* Approx 300 gal, W/ Hyd Pump condition unknown, Line Shaft Ready,Tank Good Condition 805 60KW Natural Gas Genset* SN# MS39049, 120 hp, Ford Engine, 3-phase, 806 Bemato Surface Grinder* 6"x 20" Magnetic Table, some damage from shipping, Good working Condition 807 Warner Swasey Turret Lathe* No.5, Bar Feeder, Working Condition 808 Saylor -Beall Air Compressor* Approx 80 Gal, Horizontal, 200 Max psi, Electric Motor, Excellent Condition 809 Yoshida Morse Drill Press* 18" x 40" Table Top, Seller never used, Condition unknown 810 MSC Milling & Drilling Machine* Table Top, Condition unknown 811 Jet Mill* Table Top, 8"x 32" Table, R8 collet, Good Working Condition 812 Bridgeport Milling Machine* DRO, has damage from shipping, Good Working Condition 813 SuperMax Milling Machine* 9"x 48" Table, DRO, Good Working Condition 814 17" Clausing-Colchester Lathe* 17"x 80", Has Taper Attachment, 80" center in between, Working Condition 815 Wilton Metal Band Saw* Horizontal, Model 3502, Ser# 146248, 12" cutting Cap. 3/4" band, 1/2 hp electric motor, Working Condition 816 Clausing-Colchester Lathe* 17" x 80" DRO, Excellent Working Condition 817 Terex Telehandler* Model# SS1048, Ser# 002653, 6087 hrs, 10,000 lbs Lift Cap., Injector pump rebuilt 100 hrs ago, Foam filled Tires, 3- decent tires, 1- bald, Strong Hydraulics, Good Running Machine 818 2001 Bobcat 773* Ser#517613282, only 2223 hrs, open cab, tires at 25%, Good working Machine 819 Fuel Tank* 200 Gal, on a Stand, 820 KL Hyd Oil Tank* 40"x 30"x 20" , 100 Gal, Ex Condition 821 Inverter* NV-P 3000 24-V Pure Sine Wave, Good Condition 822 Logging Mat* 8' x 20' steel frame wooden two sided floor Mat, selling one, 9 more available depending on price, Good Condition 823 Barn Sweep 65’ electric drive 824 Green Chain 4 strand, 11’ x 23’ with 22” steel legs 825 Tailing Belt 28’ no drive 826 Unscrambler 4 strand, 10’ x 10’, no drive * 827 828

Listing Information

Complete sawmill liquidation includes Cleereman carriage, Crosby Edger, 2018 Tigercat Skidder, 2 Tigercat knucklebooms, John Deere dozer and a 2018 Chevy Silverado. Live phone and online bidding available. Contact Myron @ 574-229-4341 to consign equipment for free marketing!

Sawmilling Game

100

Jockey Grinder
Good Condition

100A

Cant Turners and Wedges
Total of 3*

100B

Come Along Hoist
*

100C

Wrench For Saw
*

101

Armstrong Shaper and Swedger
In working condition

102

Stihl Chainsaw
MS661C, 24" bar, good condition

103

Stihl Chainsaw
MS461. 20" bar, good condition

104

Husqvarna Chainsaw
390XP, new 20" bar, good condition

105

Husqvarna Chainsaw
570XP, new 20" bar

105A

McCullough Chain Saw
Condition unknown*

105B

Homelite Chainsaw
Lot # C6344, serial # 4456812, condition unknown

105C

Saw Chains for Husqvarna Bar
7 new, some used

106

Log Deck Chain
WH 78, 4 strands 10', approx. 40' new chain

106A

Sprockets, Cylinder, Pulley etc.
*

106B

Replacement Rolls
*

106C

3- 5 Gallon Gas Jugs
*

107

Trash Pump Hose
2" trash pump hose on cart, 250' of hose

108

Cable
3/8", 100' debarker cable

109

Tanak Pro Force Trash Pump
TCP210

109A

Shop Built Gear Reducer
*

109B

Log Arch
Was used on John Deere*

109C

Web Belt*
20” x approx. 100’

109D

Heat Exchanger
Model AO-25*

109E

Flowserve Chemical Transfer Pump
*

110

Mellott Debarker
Item # 200, serial # 90-200-208, type 10, date mfg. 3/1990, 36" Rosserhead, 1 newer shaft, 1 broken shaft, needs new bearings and bullwheels, includes cab and all controls, 30 HP electric motor

110A

Debarker Parts
Electric valves, misc. parts for debarker

111

Hydraulic Station
10 HP Baldor electric motor, Vickers PVB10 pump, with remote operated controls

112

Patz Barn Sweep
37' plus 30' chain only, 18" paddles

113

Log Deck
3 strand, 10' x 17' with stop and load, hydraulic Tulsa gear drive, includes 36" steel structure legs, sprockets at 30%

114

Shane Mfg. Log Deck
4 strand 11' x 21' hydraulic gear drive, 5 HP Lincoln electric motor

115

Cleereman Carriage
Model 38, serial # 38-30488, 3 head block, electric over air setworks, in fair condition, includes operators cab and all controls, same owner/operator since 1990. 1st lot of an entirety.

116

Track and Frame
50' in good condition

117

Tyrone Carriage Drive and Feed
Updated Cleereman feed motor, with 75 HP electric motor, includes hydraulic cooler, model AOCH-40-3, all in excellent condition

118

Entirety Lot 115-117
With 10% raise

118A

Parts for Cleereman Carriage
New axle, new air motors, rebuilt valves

118B

Rebuilt Cooper Air Motor For Carriage
Model # 73406AA0, serial # B367041*

118C

New Pump For Feed on Carriage
*

119

Mellott Log Deck
3 Strand, 10' x 28' with stop and load, hydraulic Tulsa gear drive, includes 4' steel structure legs, 4' roll off bars, 2" plank decking

120

Mellott Log Turner
Serial # 902A0074, Model 6, 52", hydraulic drive, in good condition

120A

New Cylinder For Log Turner
.

120B

Hydraulic Pack
Was used to run log deck and log turner

121

Albany Band Mill
Model NEW9/169, serial # 214, FT right hand single cut, 7' wheel with 11" face and 1" meat on wheel, sells with blade on mill, and off feed belt, good running condition. Option to buy 9 new bands from seller.

122

Electric Motor
150 HP, 1189 RPM, frame size 445T, new in 2006

122A

STARTER

122B

LUBE WICK

123

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

124

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

125

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

126

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

127

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

128

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

129

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

130

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

131

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

132

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

133

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

134

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

135

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

136

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

137

Patz Barn Sweep
38' plus additional 25' of chain only, 18" paddles, 5 HP electric motor

138

Electric Fan
32", in barn sweep

139

Mellott Roll Case with Transfer Deck
20', 6 1/2'' x 24'' rolls, 4 strand popup transfer 12' x 7' electric gear drive, with air trigger stop

140

Mellott Roll Case
13', 6 1/2'' x 24'' rolls, no drive

141

Crosby Edger
No. 51415, size 42, 1 stationary, 2 moveable blades, new shaft and bearings 5 years ago, feed rolls are worn, 5 1/2'' cutting capacity, with infeed and outfeed rolls, electric over hydraulic setworks. 1st lot of an entirety

142

Lumberline Laser Light System
Complete moveable system with 3, L10 110 volt heads

143

Delco Electric Motor
50 HP, RPM 1775, frame size 365U

144

Edger Blades
6 20'' solid blades, 7 set split blades

145

Entirety Lot 141-144
With 10% raise

146

Patz Barn Sweep
24' electric drive, drive and chain only

147

Custom Built Guide Block Sharpener
Rockwell Delta grinder, custom design with additional new and used guide blocks

148

Skate Roller
36'' x 84'', 2 1/2'' x 17'' rolls, 34'' steel structure legs

149

Skate Roller
10', 2 1/2'' x 20'' rolls, 33'' steel legs

150

Mellott Belt Conveyor
20'' x 18', will have new belt by auction time, electric drive

151

Morbark Chip Pak System
58'' chipper, serial # 869, Mfg. 1995, was rebuilt in 2017, serial # for shaker 839, 6' x 6' screen new in 2017, includes cyclone

151A

Chipper Knives
Total of 5 set, various conditions

151B

Belly Pan for Chipper
Replacement for 58'' chipper, AR400

151C

Chipper Parts
1-wear plate, 2-shaker screen rods, 3-fly wheel paddles, lugs and nuts

152

Reliance Electric Motor
150 HP, 1780 RPM, frame size 444T, was used to run chipper

153

Disconnect
Cat. No. F355H, 400 Amp, 600 Volts, 3 phase, type 12

154

Mellott Vibrating Conveyor
14', 19'' pan, 4'' sides, with chipper mouth infeed and 5 HP electric motor

155

Allen Bradley Control Center
Serial # SNN904841/1

156

Belt Conveyor
22', 12'' belt, V-frame, like new condition, 1 HP electric motor

157

Belt Conveyor
54', 16'' belt, V-frame, great condition

158

Belt Conveyor
10', 16'' belt, V-frame, 2'' sides, great condition

159

Morbark Chip Blower
Serial # 50, 30 HP electric motor, 36'' blower, good condition, single S discharge pack

160

Blower Disconnect
Cat. No. NF352H, series A, 60 Amp, 600 Volts

161

Champion Air Compressor
Serial # R70A16640, HP unknown, good condition

162

Electric Motor
Tag missing, approx. 15 HP

163

Fan
36'' electric box fan

164

Edmisston's Roll Case
25', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition

165

Edmisston's Roll Case
23', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition

166

Edmisston's Green Chain
4 strand, 10' x 72' with C55D roof top chain, adjustable height legs, electric gear drive, excellent condition

167

Skate Roller
14', 2 1/2'' x 17'' rolls

168

Skate Roller
10', 2 1/2'' x 12'' rolls, 36'' steel legs

169

Skate Roller
28'' x 5' total of 2

170

General Electric Motor
10 HP, 3 phase, 1750 RPM, 215T frame size

171

Starter and Electric Box
Allen Bradley starter box for 10 HP motor, breaker panel box

172

Lumber Cart
49'' x 42'' low profile cart

173

Lumber Cart
49'' x 42'' low profile cart

174

Lumber Cart
49'' x 42'' low profile cart

175

Lumber Cart
49'' x 42'' low profile cart

176

Lumber Cart
49'' x 42'' low profile cart

177

Lumber Cart
49'' x 42'' low profile cart

178

Lumber Cart
49'' x 42'', 14'' off ground

179

Lumber Cart
49'' x 42'', 14'' off ground

179A

Lumber Cart
42” x 72”, 2 swivel wheels and 2 stationary wheels

180

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

181

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

182

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

183

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

184

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

184A

New Wheels For Lumber Carts
*

185

Dip Tank
6' x 19' x 66'' deep, has stainless steel liner, hydraulic lift needs work

185A

Barn Sweep*
24" wide, Approx 35' flat 4' incline, hyd drive, fair Condition

186

Waste Conveyor
24'' x 60' with 12'' sides, bar chain type, electric gear drive

186A

Baker Resaw*
Model BBR-0, Ser# 95-1590, New 20 hp Electric Motor, Good Working Condition

186B

HMC Double End Trim Saw
Model ET-10, Ser# 25488, 2-30" Blades, cuts 6' to 16' , put $9000 in last 2-yrs, Good Working Condition

186C

Unscrambler*
Board Dealer with Photo Eye , Hyd drive, comes with 11'x 12' 4-strand roof top grading Deck, 1hp electric drive, Good Working Condition

186D

Transfer Deck*
16' x 11' 4-Strand Deck, Hyd drive, Good working Condition

186E

Miller Welder*
Syncrowave 180 SD Tig Welder, CC•AC/DC Squarewave power, Good working Condition

186F

Miller Welder*
Dimension NT 450, CC /CV • DC Welding power Source, Good working Condition

187

Shop Built Transfer Deck
7'x26', Raised 8' high, no drive, Good Condition

188

Shop Built Unscrambler
9'x16', Raised 8' high, Shop Built Adjustable Unscrambler W/Hyd Kicker, very good Condition!

188A

Shop Built Unscrambler*
66" wide 6' high, used for pallet lumber

189

Mellott Log Deck Kickers
2- 10' Kickers, Heavy Duty, Good Condition,

189A

26" Montgomery Hog*
Good Working Condition

189B

Dip Tank Lift*
Hyd Lift, W/ Hyd Power Pack, Good working Condition

190

Cleereman Track & Carriage*
Model 36, Ser# 36-220, Approx 48' track, 3-HB 2 in working condition, Air/ Hyd Setworks, Fair Condition

191

Mellot Log Trough*
19' x 14" x 32", 5hp 3-phase electric motor, w/ hyd kicker on both sides, no chain, appears to be in working Condition

819

192

Mellot Log Turner*
Chain type, Hyd Drive, Good working Condition

193

Ferris HydroWalk Lawnmower
52”, pistol grip, works but has dead battery

194

Cornell Dust Blower
24” *

194A

Cornell Dust Blower
24”

195

Detroit Diesel
Works good, hp and hours unknown *

196

Log Deck
3 strand, 10’ x 24’ with 37” steel legs, not assembled*

196A

Plastic pipe*
8" x 26' , plus elbow

197

Meadows Mill Edger
Serial # 30S-1291X-86, 2- 16” blades, no drive

198

Reckart Mill
56” blade*

199

2006 Cat 247B Skid Steer
Ser# MTL03211, Track Machine, 2 new tracks, Has Heat & A/C, A/C needs to be recharged, Quick Attach, Perkins Engine, Front Door is included, only 2299 Hrs!!, very good condition.

200

Tigercat 602 Skidder
Serial # 6025009, 2018, 2329 hrs. cable skidder, one owner machine, LOADED, enclosed cab with heat, A/C and stereo, heated and cooled seat, nice clean, well maintained machine.Sells with reserve

201

1981 John Deere 440C Skidder
Has 10 hrs on rebuilt Engine, New Clutch, 30 hrs on pumps, both Main and the charge pump in the transmission, Also has a set of Tire Chains, Winch has 100' of new cable, pulls like a 540! , Put over $10,000 in it in the past year, Works like it should!

201A

Skidder Chains*
Was used on lot # 200, very good condition, used only 1 winter

202

John Deere 650H Dozer
PIN T0650HX908039, 8003 hrs. 6 way blade, new undercarriage 2 years ago (in excellent condition) new track sensors, John Deere 110,000 winch, solid, good working machine

203

Tigercat 230B Knuckleboom
Serial # 2301152, 6801 hrs. continuous grapple, 2 main cylinders were repacked at 3000 hrs. this is a good working machine.

204

Tigercat 234 Knuckleboom
Serial # 2340320, 18,920 hrs. continuous grapple, engine fires right up on cold days, good solid machine

205

CTR Bucksaw
Model 42IP, 6' with 19' angled bed, was used with lot # 203

205A

New Motor For Bucksaw
*

205B

Oregon Sharpener
*

206

Knuckleboom Grapple
Came off Prentice, as is

207

1995 Prentice 410D Knuckleboom
Rebuilt Cummins Engine 600 hrs ago, Replaced alot of Hyd hoses in the fall of 2019, 5-2018-Rebuilt Bushing in big Main Lift Cyclinder, Runs Good Ready for Work.

207A

Log Hog Knuckleboom*
John Deere Engine, Joy Stick, Continuous Swivel Grapple, Buck saw Hook Up, has Hydraulic leak, Good Running Condition

208

Case 680K Backhoe
Ser# 9161016, enclosed cab, heat, 2WD, Extendaboom, Late 80s, One Owner Only 5500 hrs, Comes W/ 18" Trenching Bucket, Well Maintained, Good Working Condition, Stabilizer Cyclinders are being repacked that's why they're missing..

208A

24" Flat Bottom Footing Bucket
Reconditioned like new

208B

36" Dirt Bucket
Heavy Duty, Reconditioned like new

208C

2004 Pitts Log Trailer
LT42 x 102, One owner, has title, Good Brakes! Good Working Condition

208D

2001 Transcraft Trailer*
VIN 1TTF4820712007757, has title, No Brakes, removable bunks, Fair Condition

209

2018 Chevy Silverado LT
VIN 1GCVKREC3JZ191269, 1500 V8 5.3L, 94,320 miles, 4x4, 4 door, 6 1/2' bed, CB radio, good tires, clean truck, with aluminum loggers utility box, 55 gallon fuel tank, and 12 volt DC fuel pump, put in rebuilt transmission 15,000 miles ago, has 2 yr. or 100,000 mile warranty

210

Aluminum Headache Rack and Peterbilt Mud-flaps
48” x 100” with chain hooks

800

610 Bobcat Skid Steer*
New Battery, New Alternator, Electronic Fuel Pump, hrs unknown, Engine needs work,

801

Etnyre Trailer*
Complete Rebuild, 25' Deck, 3' Dovetail, W/ Hyd Controls Powered By 5hp Honda Engine, Title, New Metal, New Brakes, Nice Trailer!!

801A

2001 Freightliner Truck*
This vehicle has been removed from the auction due to major mechanical damage.

802

Clark Forklift*
8000 lbs Lift, no side shift, 3 speed, 48" forks, 2 stage mast, hrs unknown, Runs Rough needs work

803

Dimco-Milano Milling Machine*
Model VM3/4, 12'X60" Table, Good working Condition

804

Hydraulic Tank*
Approx 300 gal, W/ Hyd Pump condition unknown, Line Shaft Ready,Tank Good Condition

805

60KW Natural Gas Genset*
SN# MS39049, 120 hp, Ford Engine, 3-phase,

806

Bemato Surface Grinder*
6"x 20" Magnetic Table, some damage from shipping, Good working Condition

807

Warner Swasey Turret Lathe*
No.5, Bar Feeder, Working Condition

808

Saylor -Beall Air Compressor*
Approx 80 Gal, Horizontal, 200 Max psi, Electric Motor, Excellent Condition

809

Yoshida Morse Drill Press*
18" x 40" Table Top, Seller never used, Condition unknown

810

MSC Milling & Drilling Machine*
Table Top, Condition unknown

811

Jet Mill*
Table Top, 8"x 32" Table, R8 collet, Good Working Condition

812

Bridgeport Milling Machine*
DRO, has damage from shipping, Good Working Condition

813

SuperMax Milling Machine*
9"x 48" Table, DRO, Good Working Condition

814

17" Clausing-Colchester Lathe*
17"x 80", Has Taper Attachment, 80" center in between, Working Condition

815

Wilton Metal Band Saw*
Horizontal, Model 3502, Ser# 146248, 12" cutting Cap. 3/4" band, 1/2 hp electric motor, Working Condition

816

Clausing-Colchester Lathe*
17" x 80" DRO, Excellent Working Condition

817

Terex Telehandler*
Model# SS1048, Ser# 002653, 6087 hrs, 10,000 lbs Lift Cap., Injector pump rebuilt 100 hrs ago, Foam filled Tires, 3- decent tires, 1- bald, Strong Hydraulics, Good Running Machine

818

2001 Bobcat 773*
Ser#517613282, only 2223 hrs, open cab, tires at 25%, Good working Machine

819

Fuel Tank*
200 Gal, on a Stand,

820

KL Hyd Oil Tank*
40"x 30"x 20" , 100 Gal, Ex Condition

821

Inverter*
NV-P 3000 24-V Pure Sine Wave, Good Condition

822

Logging Mat*
8' x 20' steel frame wooden two sided floor Mat, selling one, 9 more available depending on price, Good Condition

823

Barn Sweep
65’ electric drive

824

Green Chain
4 strand, 11’ x 23’ with 22” steel legs

825

Tailing Belt
28’ no drive

826

Unscrambler
4 strand, 10’ x 10’, no drive *

827

828

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RABER LUMBER

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone:

4112 State Route 557
Millersburg, OH 44654

Thursday Oct 22, 2020 Completed

Bidder Terms and Conditions

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.

Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:

IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .

Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.

“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer.

“High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.

“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).

“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms- length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.

“Property” means the Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction.

“Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by
Seller).

"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.

“Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.

“Without Reserve” means Absolute.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

Auction Conducted in the State of Indiana.

1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.

Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction.

Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.

No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.

Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:

1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.

1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.

1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.

1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.

1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.

1. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.

1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.

1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,

1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.

1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.

1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

1. Online Bids. Online bids may not be reduced or retracted.

Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advances in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.

Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.

Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.

Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.

Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.

All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.

Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.

Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or

representation by Auctioneer

Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.

Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.

Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.

All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.

Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.

Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.

Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.

No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.

Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.

Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled

to specific performance or other equitable relief.

Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.

Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.

Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.

Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.

Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Listing Details
Complete sawmill liquidation includes Cleereman carriage, Crosby Edger, 2018 Tigercat Skidder, 2 Tigercat knucklebooms, John Deere dozer and a 2018 Chevy Silverado. Live phone and online bidding available. Contact Myron @ 574-229-4341 to consign equipment for free marketing! 99 Sawmilling Game 100 Jockey Grinder Good Condition 100A Cant Turners and Wedges Total of 3* 100B Come Along Hoist * 100C Wrench For Saw * 101 Armstrong Shaper and Swedger In working condition 102 Stihl Chainsaw MS661C, 24" bar, good condition 103 Stihl Chainsaw MS461. 20" bar, good condition 104 Husqvarna Chainsaw 390XP, new 20" bar, good condition 105 Husqvarna Chainsaw 570XP, new 20" bar 105A McCullough Chain Saw Condition unknown* 105B Homelite Chainsaw Lot # C6344, serial # 4456812, condition unknown 105C Saw Chains for Husqvarna Bar 7 new, some used 106 Log Deck Chain WH 78, 4 strands 10', approx. 40' new chain 106A Sprockets, Cylinder, Pulley etc. * 106B Replacement Rolls * 106C 3- 5 Gallon Gas Jugs * 107 Trash Pump Hose 2" trash pump hose on cart, 250' of hose 108 Cable 3/8", 100' debarker cable 109 Tanak Pro Force Trash Pump TCP210 109A Shop Built Gear Reducer * 109B Log Arch Was used on John Deere* 109C Web Belt* 20” x approx. 100’ 109D Heat Exchanger Model AO-25* 109E Flowserve Chemical Transfer Pump * 110 Mellott Debarker Item # 200, serial # 90-200-208, type 10, date mfg. 3/1990, 36" Rosserhead, 1 newer shaft, 1 broken shaft, needs new bearings and bullwheels, includes cab and all controls, 30 HP electric motor 110A Debarker Parts Electric valves, misc. parts for debarker 111 Hydraulic Station 10 HP Baldor electric motor, Vickers PVB10 pump, with remote operated controls 112 Patz Barn Sweep 37' plus 30' chain only, 18" paddles 113 Log Deck 3 strand, 10' x 17' with stop and load, hydraulic Tulsa gear drive, includes 36" steel structure legs, sprockets at 30% 114 Shane Mfg. Log Deck 4 strand 11' x 21' hydraulic gear drive, 5 HP Lincoln electric motor 115 Cleereman Carriage Model 38, serial # 38-30488, 3 head block, electric over air setworks, in fair condition, includes operators cab and all controls, same owner/operator since 1990. 1st lot of an entirety. 116 Track and Frame 50' in good condition 117 Tyrone Carriage Drive and Feed Updated Cleereman feed motor, with 75 HP electric motor, includes hydraulic cooler, model AOCH-40-3, all in excellent condition 118 Entirety Lot 115-117 With 10% raise 118A Parts for Cleereman Carriage New axle, new air motors, rebuilt valves 118B Rebuilt Cooper Air Motor For Carriage Model # 73406AA0, serial # B367041* 118C New Pump For Feed on Carriage * 119 Mellott Log Deck 3 Strand, 10' x 28' with stop and load, hydraulic Tulsa gear drive, includes 4' steel structure legs, 4' roll off bars, 2" plank decking 120 Mellott Log Turner Serial # 902A0074, Model 6, 52", hydraulic drive, in good condition 120A New Cylinder For Log Turner . 120B Hydraulic Pack Was used to run log deck and log turner 121 Albany Band Mill Model NEW9/169, serial # 214, FT right hand single cut, 7' wheel with 11" face and 1" meat on wheel, sells with blade on mill, and off feed belt, good running condition. Option to buy 9 new bands from seller. 122 Electric Motor 150 HP, 1189 RPM, frame size 445T, new in 2006 122A STARTER 122B LUBE WICK 123 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 124 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 125 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 126 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 127 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 128 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 129 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 130 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 131 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 132 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 133 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 134 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 135 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 136 Band Mill Blade 12" x 41' 6" approx. 60% life left, resharpened and ready to go 137 Patz Barn Sweep 38' plus additional 25' of chain only, 18" paddles, 5 HP electric motor 138 Electric Fan 32", in barn sweep 139 Mellott Roll Case with Transfer Deck 20', 6 1/2'' x 24'' rolls, 4 strand popup transfer 12' x 7' electric gear drive, with air trigger stop 140 Mellott Roll Case 13', 6 1/2'' x 24'' rolls, no drive 141 Crosby Edger No. 51415, size 42, 1 stationary, 2 moveable blades, new shaft and bearings 5 years ago, feed rolls are worn, 5 1/2'' cutting capacity, with infeed and outfeed rolls, electric over hydraulic setworks. 1st lot of an entirety 142 Lumberline Laser Light System Complete moveable system with 3, L10 110 volt heads 143 Delco Electric Motor 50 HP, RPM 1775, frame size 365U 144 Edger Blades 6 20'' solid blades, 7 set split blades 145 Entirety Lot 141-144 With 10% raise 146 Patz Barn Sweep 24' electric drive, drive and chain only 147 Custom Built Guide Block Sharpener Rockwell Delta grinder, custom design with additional new and used guide blocks 148 Skate Roller 36'' x 84'', 2 1/2'' x 17'' rolls, 34'' steel structure legs 149 Skate Roller 10', 2 1/2'' x 20'' rolls, 33'' steel legs 150 Mellott Belt Conveyor 20'' x 18', will have new belt by auction time, electric drive 151 Morbark Chip Pak System 58'' chipper, serial # 869, Mfg. 1995, was rebuilt in 2017, serial # for shaker 839, 6' x 6' screen new in 2017, includes cyclone 151A Chipper Knives Total of 5 set, various conditions 151B Belly Pan for Chipper Replacement for 58'' chipper, AR400 151C Chipper Parts 1-wear plate, 2-shaker screen rods, 3-fly wheel paddles, lugs and nuts 152 Reliance Electric Motor 150 HP, 1780 RPM, frame size 444T, was used to run chipper 153 Disconnect Cat. No. F355H, 400 Amp, 600 Volts, 3 phase, type 12 154 Mellott Vibrating Conveyor 14', 19'' pan, 4'' sides, with chipper mouth infeed and 5 HP electric motor 155 Allen Bradley Control Center Serial # SNN904841/1 156 Belt Conveyor 22', 12'' belt, V-frame, like new condition, 1 HP electric motor 157 Belt Conveyor 54', 16'' belt, V-frame, great condition 158 Belt Conveyor 10', 16'' belt, V-frame, 2'' sides, great condition 159 Morbark Chip Blower Serial # 50, 30 HP electric motor, 36'' blower, good condition, single S discharge pack 160 Blower Disconnect Cat. No. NF352H, series A, 60 Amp, 600 Volts 161 Champion Air Compressor Serial # R70A16640, HP unknown, good condition 162 Electric Motor Tag missing, approx. 15 HP 163 Fan 36'' electric box fan 164 Edmisston's Roll Case 25', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition 165 Edmisston's Roll Case 23', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition 166 Edmisston's Green Chain 4 strand, 10' x 72' with C55D roof top chain, adjustable height legs, electric gear drive, excellent condition 167 Skate Roller 14', 2 1/2'' x 17'' rolls 168 Skate Roller 10', 2 1/2'' x 12'' rolls, 36'' steel legs 169 Skate Roller 28'' x 5' total of 2 170 General Electric Motor 10 HP, 3 phase, 1750 RPM, 215T frame size 171 Starter and Electric Box Allen Bradley starter box for 10 HP motor, breaker panel box 172 Lumber Cart 49'' x 42'' low profile cart 173 Lumber Cart 49'' x 42'' low profile cart 174 Lumber Cart 49'' x 42'' low profile cart 175 Lumber Cart 49'' x 42'' low profile cart 176 Lumber Cart 49'' x 42'' low profile cart 177 Lumber Cart 49'' x 42'' low profile cart 178 Lumber Cart 49'' x 42'', 14'' off ground 179 Lumber Cart 49'' x 42'', 14'' off ground 179A Lumber Cart 42” x 72”, 2 swivel wheels and 2 stationary wheels 180 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 181 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 182 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 183 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 184 Lumber Cart 42'' x 72'', 2-swivel wheels and 2-stationary wheels 184A New Wheels For Lumber Carts * 185 Dip Tank 6' x 19' x 66'' deep, has stainless steel liner, hydraulic lift needs work 185A Barn Sweep* 24" wide, Approx 35' flat 4' incline, hyd drive, fair Condition 186 Waste Conveyor 24'' x 60' with 12'' sides, bar chain type, electric gear drive 186A Baker Resaw* Model BBR-0, Ser# 95-1590, New 20 hp Electric Motor, Good Working Condition 186B HMC Double End Trim Saw Model ET-10, Ser# 25488, 2-30" Blades, cuts 6' to 16' , put $9000 in last 2-yrs, Good Working Condition 186C Unscrambler* Board Dealer with Photo Eye , Hyd drive, comes with 11'x 12' 4-strand roof top grading Deck, 1hp electric drive, Good Working Condition 186D Transfer Deck* 16' x 11' 4-Strand Deck, Hyd drive, Good working Condition 186E Miller Welder* Syncrowave 180 SD Tig Welder, CC•AC/DC Squarewave power, Good working Condition 186F Miller Welder* Dimension NT 450, CC /CV • DC Welding power Source, Good working Condition 187 Shop Built Transfer Deck 7'x26', Raised 8' high, no drive, Good Condition 188 Shop Built Unscrambler 9'x16', Raised 8' high, Shop Built Adjustable Unscrambler W/Hyd Kicker, very good Condition! 188A Shop Built Unscrambler* 66" wide 6' high, used for pallet lumber 189 Mellott Log Deck Kickers 2- 10' Kickers, Heavy Duty, Good Condition, 189A 26" Montgomery Hog* Good Working Condition 189B Dip Tank Lift* Hyd Lift, W/ Hyd Power Pack, Good working Condition 190 Cleereman Track & Carriage* Model 36, Ser# 36-220, Approx 48' track, 3-HB 2 in working condition, Air/ Hyd Setworks, Fair Condition 191 Mellot Log Trough* 19' x 14" x 32", 5hp 3-phase electric motor, w/ hyd kicker on both sides, no chain, appears to be in working Condition 819 192 Mellot Log Turner* Chain type, Hyd Drive, Good working Condition 193 Ferris HydroWalk Lawnmower 52”, pistol grip, works but has dead battery 194 Cornell Dust Blower 24” * 194A Cornell Dust Blower 24” 195 Detroit Diesel Works good, hp and hours unknown * 196 Log Deck 3 strand, 10’ x 24’ with 37” steel legs, not assembled* 196A Plastic pipe* 8" x 26' , plus elbow 197 Meadows Mill Edger Serial # 30S-1291X-86, 2- 16” blades, no drive 198 Reckart Mill 56” blade* 199 2006 Cat 247B Skid Steer Ser# MTL03211, Track Machine, 2 new tracks, Has Heat & A/C, A/C needs to be recharged, Quick Attach, Perkins Engine, Front Door is included, only 2299 Hrs!!, very good condition. 200 Tigercat 602 Skidder Serial # 6025009, 2018, 2329 hrs. cable skidder, one owner machine, LOADED, enclosed cab with heat, A/C and stereo, heated and cooled seat, nice clean, well maintained machine.Sells with reserve 201 1981 John Deere 440C Skidder Has 10 hrs on rebuilt Engine, New Clutch, 30 hrs on pumps, both Main and the charge pump in the transmission, Also has a set of Tire Chains, Winch has 100' of new cable, pulls like a 540! , Put over $10,000 in it in the past year, Works like it should! 201A Skidder Chains* Was used on lot # 200, very good condition, used only 1 winter 202 John Deere 650H Dozer PIN T0650HX908039, 8003 hrs. 6 way blade, new undercarriage 2 years ago (in excellent condition) new track sensors, John Deere 110,000 winch, solid, good working machine 203 Tigercat 230B Knuckleboom Serial # 2301152, 6801 hrs. continuous grapple, 2 main cylinders were repacked at 3000 hrs. this is a good working machine. 204 Tigercat 234 Knuckleboom Serial # 2340320, 18,920 hrs. continuous grapple, engine fires right up on cold days, good solid machine 205 CTR Bucksaw Model 42IP, 6' with 19' angled bed, was used with lot # 203 205A New Motor For Bucksaw * 205B Oregon Sharpener * 206 Knuckleboom Grapple Came off Prentice, as is 207 1995 Prentice 410D Knuckleboom Rebuilt Cummins Engine 600 hrs ago, Replaced alot of Hyd hoses in the fall of 2019, 5-2018-Rebuilt Bushing in big Main Lift Cyclinder, Runs Good Ready for Work. 207A Log Hog Knuckleboom* John Deere Engine, Joy Stick, Continuous Swivel Grapple, Buck saw Hook Up, has Hydraulic leak, Good Running Condition 208 Case 680K Backhoe Ser# 9161016, enclosed cab, heat, 2WD, Extendaboom, Late 80s, One Owner Only 5500 hrs, Comes W/ 18" Trenching Bucket, Well Maintained, Good Working Condition, Stabilizer Cyclinders are being repacked that's why they're missing.. 208A 24" Flat Bottom Footing Bucket Reconditioned like new 208B 36" Dirt Bucket Heavy Duty, Reconditioned like new 208C 2004 Pitts Log Trailer LT42 x 102, One owner, has title, Good Brakes! Good Working Condition 208D 2001 Transcraft Trailer* VIN 1TTF4820712007757, has title, No Brakes, removable bunks, Fair Condition 209 2018 Chevy Silverado LT VIN 1GCVKREC3JZ191269, 1500 V8 5.3L, 94,320 miles, 4x4, 4 door, 6 1/2' bed, CB radio, good tires, clean truck, with aluminum loggers utility box, 55 gallon fuel tank, and 12 volt DC fuel pump, put in rebuilt transmission 15,000 miles ago, has 2 yr. or 100,000 mile warranty 210 Aluminum Headache Rack and Peterbilt Mud-flaps 48” x 100” with chain hooks 800 610 Bobcat Skid Steer* New Battery, New Alternator, Electronic Fuel Pump, hrs unknown, Engine needs work, 801 Etnyre Trailer* Complete Rebuild, 25' Deck, 3' Dovetail, W/ Hyd Controls Powered By 5hp Honda Engine, Title, New Metal, New Brakes, Nice Trailer!! 801A 2001 Freightliner Truck* This vehicle has been removed from the auction due to major mechanical damage. 802 Clark Forklift* 8000 lbs Lift, no side shift, 3 speed, 48" forks, 2 stage mast, hrs unknown, Runs Rough needs work 803 Dimco-Milano Milling Machine* Model VM3/4, 12'X60" Table, Good working Condition 804 Hydraulic Tank* Approx 300 gal, W/ Hyd Pump condition unknown, Line Shaft Ready,Tank Good Condition 805 60KW Natural Gas Genset* SN# MS39049, 120 hp, Ford Engine, 3-phase, 806 Bemato Surface Grinder* 6"x 20" Magnetic Table, some damage from shipping, Good working Condition 807 Warner Swasey Turret Lathe* No.5, Bar Feeder, Working Condition 808 Saylor -Beall Air Compressor* Approx 80 Gal, Horizontal, 200 Max psi, Electric Motor, Excellent Condition 809 Yoshida Morse Drill Press* 18" x 40" Table Top, Seller never used, Condition unknown 810 MSC Milling & Drilling Machine* Table Top, Condition unknown 811 Jet Mill* Table Top, 8"x 32" Table, R8 collet, Good Working Condition 812 Bridgeport Milling Machine* DRO, has damage from shipping, Good Working Condition 813 SuperMax Milling Machine* 9"x 48" Table, DRO, Good Working Condition 814 17" Clausing-Colchester Lathe* 17"x 80", Has Taper Attachment, 80" center in between, Working Condition 815 Wilton Metal Band Saw* Horizontal, Model 3502, Ser# 146248, 12" cutting Cap. 3/4" band, 1/2 hp electric motor, Working Condition 816 Clausing-Colchester Lathe* 17" x 80" DRO, Excellent Working Condition 817 Terex Telehandler* Model# SS1048, Ser# 002653, 6087 hrs, 10,000 lbs Lift Cap., Injector pump rebuilt 100 hrs ago, Foam filled Tires, 3- decent tires, 1- bald, Strong Hydraulics, Good Running Machine 818 2001 Bobcat 773* Ser#517613282, only 2223 hrs, open cab, tires at 25%, Good working Machine 819 Fuel Tank* 200 Gal, on a Stand, 820 KL Hyd Oil Tank* 40"x 30"x 20" , 100 Gal, Ex Condition 821 Inverter* NV-P 3000 24-V Pure Sine Wave, Good Condition 822 Logging Mat* 8' x 20' steel frame wooden two sided floor Mat, selling one, 9 more available depending on price, Good Condition 823 Barn Sweep 65’ electric drive 824 Green Chain 4 strand, 11’ x 23’ with 22” steel legs 825 Tailing Belt 28’ no drive 826 Unscrambler 4 strand, 10’ x 10’, no drive * 827 828

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RABER LUMBER

Live Auction

View Gallery (574)

Sale Date(s)

Thursday Oct 22, 2020 Completed

Sale Location

Millersburg, OH 44654

View Map

Company

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Email: beachyauctions@gmail.com
Website: brightstarauctions.com

Listing Terms and Conditions

Bidder Terms and Conditions

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.

Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:

IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .

Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.

“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer.

“High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.

“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction online and to facilitate online bidding, including any associated, adjunct, and/or complementary websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and related services to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).

“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms- length transaction between Seller and the purchaser of the Property. If the Property is sold through a Private Sale for less than its fair market value, or in a transaction that is not an arms-length transaction, or is gifted by Seller, the Private Sale Price will be an amount equal to the fair market value of the Property in an arms-length transaction.

“Property” means the Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction.

“Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, that after the High Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller may determine, in Seller's sole and absolute discretion, to (i) accept such bid or (ii) reject such bid.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s Confirmation, confirmed by
Seller).

"Winning Bidder" means the Bidder who is recognized by Auctioneer as having made the Winning Bid.

“Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.

“Without Reserve” means Absolute.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder must provide such information (including identifying information and qualifications) as requested by Auctioneer. Auctioneer may refuse to accept a Bidder Registration from any potential Bidder, may refuse to issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

Auction Conducted in the State of Indiana.

1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.

Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction.

Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.

No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.

Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:

1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.

1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.

1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.

1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.

1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.

1. Technology Disruptions. Auctioneer will not be responsible for technology disruptions, errors, or failures (including disruptions to bidding or the failure to execute, recognize, or record online bids), whether caused by (i) loss of connectivity, breakdown, disruption, or failure of the Online Auction Platform, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) otherwise. Auctioneer may, but will not be required to, continue, suspend, delay, extend, reschedule, or close the Auction because of disruptions caused by technology failures, even after bidding has commenced.

1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.

1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,

1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.

1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.

1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

1. Online Bids. Online bids may not be reduced or retracted.

Absentee Bids; Remote Bidding. In Auctioneer’s discretion, Auctioneer may receive Absentee Bids and/or bids tendered by remote Bidders (whether telephonically or otherwise). Absentee Bids may be initiated and advances in accordance with Auctioneer’s policies and procedures. Auctioneer will make reasonable efforts to execute Absentee Bids, but Auctioneer will have no liability to any Absentee Bidder for the failure to execute any Absentee Bids for any reason whatsoever. Each Absentee Bidder acknowledges and agrees that Property may be sold to another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that causes another Bidder to reach such amount first. If the execution of an Absentee Bid at its maximum amount would require Auctioneer to accept a bid that is less than a full bidding increment, Auctioneer has the sole and absolute discretion to accept or reject such bid. An Absentee Bidder may provide instructions to the Auctioneer to advance the bid by one or more bidding increments after the maximum amount of the Absentee Bid is, or would be, reached. Auctioneer acts only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.

Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.

Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.

Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.

Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.

All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL PROPERTY IS BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. NEITHER AUCTIONEER NOR SELLER MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE NATURE, VALUE, SOURCE, AUTHENTICITY, FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF SUCH PROPERTY. NO STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED A WARRANTY OR REPRESENTATION BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF TITLE, NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.

Announcements. Subject to the limitation set forth in these Bidder Terms, all terms and conditions and other announcements made by Auctioneer on the day of the Auction are binding and take precedence over any advertisements or listings.

Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property is based solely on visual impression, and is given solely for identification purposes, and does not create any warranty, expressed or implied, or

representation by Auctioneer

Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, together with Auctioneer’s clerking sheets or other physical or digital notation identifying the Lot, the Hammer Price, and the Buyer, will be conclusive evidence as to the terms of the sale. These Bidder Terms will be incorporated into the contract between each Buyer and Seller.

Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over bidding, and Auctioneer will resolve any and all disputes. If (i) a bid is made while the hammer is falling in acceptance of a prior bid or while bidding is otherwise being terminated, or (ii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware of a bid that was unnoticed prior to the Fall of the Hammer or other termination of the bidding, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.

Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.

All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.

Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.

Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.

Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). In addition to the foregoing, Auctioneer will be entitled to recover, from the issuer of a returned check, all costs and expenses, including attorneys’ fees, for the collection of payment made in the form of a check that has been returned unpaid.

No Stop Payment Orders or Credit Card Chargebacks. Each Bidder agrees that such Bidder will not, under any circumstances, (i) issue a stop payment order with respect to any checks issued at or in connection with the Auction, or (ii) initiate a credit card chargeback with respect to any purchases at the Auction. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (i) waiver of any rights to issue a stop payment order or to initiate a credit card chargeback, and (ii) agreement not to issue a stop payment order or to initiate a credit card chargeback; and each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms to the bank, credit card company, or other financial institution against which a check was drawn or that issued the credit card on which charges were made, such bank, credit card company, or other financial institution will reverse any stop-payment order and/or deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, even if successful, will remain liable for all purchases made at the Auction, and will be responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in collecting payment. Each Bidder acknowledges and agrees that the covenant not to issue a stop payment order or to initiate a credit card chargeback is a condition to the issuance of a Bidder Number to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.

Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.

Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase Price actually paid. Under no circumstances will Auctioneer or the Seller be liable for incidental or consequential damages, including, without being limited to lost profits or reduced productivity. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled

to specific performance or other equitable relief.

Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

Indemnification. Each Bidder agrees to indemnify, defend, and hold Auctioneer and Seller harmless from any current or future claim regarding the Auction or the Property, including, without being limited to, fitness, use, damage, safety, or injuries to persons or property.

Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.

Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property inspection terms), do not create, and will not be deemed to create, any benefits or rights in favor of any other persons, including competing Bidders, and may not be enforced by any other persons. Either globally or on a case by case basis Auctioneer and/or Seller may (but will not be required to) waive any provisions of these Terms that are intended for the benefit of Auctioneer and/or Seller.

Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, including its statutes of limitations, but without regard to its rules governing conflict of laws. All claims, disputes, and other matters between the parties will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives any objection that such party may have to the laying of venue of any such claim, suit or cause of action in such courts; and (iv) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.

Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Sawmilling Game

100

Jockey Grinder
Good Condition

100A

Cant Turners and Wedges
Total of 3*

100B

Come Along Hoist
*

100C

Wrench For Saw
*

101

Armstrong Shaper and Swedger
In working condition

102

Stihl Chainsaw
MS661C, 24" bar, good condition

103

Stihl Chainsaw
MS461. 20" bar, good condition

104

Husqvarna Chainsaw
390XP, new 20" bar, good condition

105

Husqvarna Chainsaw
570XP, new 20" bar

105A

McCullough Chain Saw
Condition unknown*

105B

Homelite Chainsaw
Lot # C6344, serial # 4456812, condition unknown

105C

Saw Chains for Husqvarna Bar
7 new, some used

106

Log Deck Chain
WH 78, 4 strands 10', approx. 40' new chain

106A

Sprockets, Cylinder, Pulley etc.
*

106B

Replacement Rolls
*

106C

3- 5 Gallon Gas Jugs
*

107

Trash Pump Hose
2" trash pump hose on cart, 250' of hose

108

Cable
3/8", 100' debarker cable

109

Tanak Pro Force Trash Pump
TCP210

109A

Shop Built Gear Reducer
*

109B

Log Arch
Was used on John Deere*

109C

Web Belt*
20” x approx. 100’

109D

Heat Exchanger
Model AO-25*

109E

Flowserve Chemical Transfer Pump
*

110

110A

Debarker Parts
Electric valves, misc. parts for debarker

111

Hydraulic Station
10 HP Baldor electric motor, Vickers PVB10 pump, with remote operated controls

112

Patz Barn Sweep
37' plus 30' chain only, 18" paddles

113

Log Deck
3 strand, 10' x 17' with stop and load, hydraulic Tulsa gear drive, includes 36" steel structure legs, sprockets at 30%

114

Shane Mfg. Log Deck
4 strand 11' x 21' hydraulic gear drive, 5 HP Lincoln electric motor

115

116

Track and Frame
50' in good condition

117

Tyrone Carriage Drive and Feed
Updated Cleereman feed motor, with 75 HP electric motor, includes hydraulic cooler, model AOCH-40-3, all in excellent condition

118

Entirety Lot 115-117
With 10% raise

118A

Parts for Cleereman Carriage
New axle, new air motors, rebuilt valves

118B

Rebuilt Cooper Air Motor For Carriage
Model # 73406AA0, serial # B367041*

118C

New Pump For Feed on Carriage
*

119

Mellott Log Deck
3 Strand, 10' x 28' with stop and load, hydraulic Tulsa gear drive, includes 4' steel structure legs, 4' roll off bars, 2" plank decking

120

Mellott Log Turner
Serial # 902A0074, Model 6, 52", hydraulic drive, in good condition

120A

New Cylinder For Log Turner
.

120B

Hydraulic Pack
Was used to run log deck and log turner

121

122

Electric Motor
150 HP, 1189 RPM, frame size 445T, new in 2006

122A

STARTER

122B

LUBE WICK

123

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

124

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

125

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

126

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

127

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

128

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

129

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

130

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

131

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

132

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

133

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

134

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

135

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

136

Band Mill Blade
12" x 41' 6" approx. 60% life left, resharpened and ready to go

137

Patz Barn Sweep
38' plus additional 25' of chain only, 18" paddles, 5 HP electric motor

138

Electric Fan
32", in barn sweep

139

Mellott Roll Case with Transfer Deck
20', 6 1/2'' x 24'' rolls, 4 strand popup transfer 12' x 7' electric gear drive, with air trigger stop

140

Mellott Roll Case
13', 6 1/2'' x 24'' rolls, no drive

141

142

Lumberline Laser Light System
Complete moveable system with 3, L10 110 volt heads

143

Delco Electric Motor
50 HP, RPM 1775, frame size 365U

144

Edger Blades
6 20'' solid blades, 7 set split blades

145

Entirety Lot 141-144
With 10% raise

146

Patz Barn Sweep
24' electric drive, drive and chain only

147

Custom Built Guide Block Sharpener
Rockwell Delta grinder, custom design with additional new and used guide blocks

148

Skate Roller
36'' x 84'', 2 1/2'' x 17'' rolls, 34'' steel structure legs

149

Skate Roller
10', 2 1/2'' x 20'' rolls, 33'' steel legs

150

Mellott Belt Conveyor
20'' x 18', will have new belt by auction time, electric drive

151

Morbark Chip Pak System
58'' chipper, serial # 869, Mfg. 1995, was rebuilt in 2017, serial # for shaker 839, 6' x 6' screen new in 2017, includes cyclone

151A

Chipper Knives
Total of 5 set, various conditions

151B

Belly Pan for Chipper
Replacement for 58'' chipper, AR400

151C

Chipper Parts
1-wear plate, 2-shaker screen rods, 3-fly wheel paddles, lugs and nuts

152

Reliance Electric Motor
150 HP, 1780 RPM, frame size 444T, was used to run chipper

153

Disconnect
Cat. No. F355H, 400 Amp, 600 Volts, 3 phase, type 12

154

Mellott Vibrating Conveyor
14', 19'' pan, 4'' sides, with chipper mouth infeed and 5 HP electric motor

155

Allen Bradley Control Center
Serial # SNN904841/1

156

Belt Conveyor
22', 12'' belt, V-frame, like new condition, 1 HP electric motor

157

Belt Conveyor
54', 16'' belt, V-frame, great condition

158

Belt Conveyor
10', 16'' belt, V-frame, 2'' sides, great condition

159

Morbark Chip Blower
Serial # 50, 30 HP electric motor, 36'' blower, good condition, single S discharge pack

160

Blower Disconnect
Cat. No. NF352H, series A, 60 Amp, 600 Volts

161

Champion Air Compressor
Serial # R70A16640, HP unknown, good condition

162

Electric Motor
Tag missing, approx. 15 HP

163

Fan
36'' electric box fan

164

Edmisston's Roll Case
25', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition

165

Edmisston's Roll Case
23', 6 1/2'' x 24'' rolls, with spiral rolls, live rolls with electric gear drive, 26'' steel structure legs, excellent condition

166

Edmisston's Green Chain
4 strand, 10' x 72' with C55D roof top chain, adjustable height legs, electric gear drive, excellent condition

167

Skate Roller
14', 2 1/2'' x 17'' rolls

168

Skate Roller
10', 2 1/2'' x 12'' rolls, 36'' steel legs

169

Skate Roller
28'' x 5' total of 2

170

General Electric Motor
10 HP, 3 phase, 1750 RPM, 215T frame size

171

Starter and Electric Box
Allen Bradley starter box for 10 HP motor, breaker panel box

172

Lumber Cart
49'' x 42'' low profile cart

173

Lumber Cart
49'' x 42'' low profile cart

174

Lumber Cart
49'' x 42'' low profile cart

175

Lumber Cart
49'' x 42'' low profile cart

176

Lumber Cart
49'' x 42'' low profile cart

177

Lumber Cart
49'' x 42'' low profile cart

178

Lumber Cart
49'' x 42'', 14'' off ground

179

Lumber Cart
49'' x 42'', 14'' off ground

179A

Lumber Cart
42” x 72”, 2 swivel wheels and 2 stationary wheels

180

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

181

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

182

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

183

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

184

Lumber Cart
42'' x 72'', 2-swivel wheels and 2-stationary wheels

184A

New Wheels For Lumber Carts
*

185

Dip Tank
6' x 19' x 66'' deep, has stainless steel liner, hydraulic lift needs work

185A

Barn Sweep*
24" wide, Approx 35' flat 4' incline, hyd drive, fair Condition

186

Waste Conveyor
24'' x 60' with 12'' sides, bar chain type, electric gear drive

186A

Baker Resaw*
Model BBR-0, Ser# 95-1590, New 20 hp Electric Motor, Good Working Condition

186B

HMC Double End Trim Saw
Model ET-10, Ser# 25488, 2-30" Blades, cuts 6' to 16' , put $9000 in last 2-yrs, Good Working Condition

186C

Unscrambler*
Board Dealer with Photo Eye , Hyd drive, comes with 11'x 12' 4-strand roof top grading Deck, 1hp electric drive, Good Working Condition

186D

Transfer Deck*
16' x 11' 4-Strand Deck, Hyd drive, Good working Condition

186E

Miller Welder*
Syncrowave 180 SD Tig Welder, CC•AC/DC Squarewave power, Good working Condition

186F

Miller Welder*
Dimension NT 450, CC /CV • DC Welding power Source, Good working Condition

187

Shop Built Transfer Deck
7'x26', Raised 8' high, no drive, Good Condition

188

Shop Built Unscrambler
9'x16', Raised 8' high, Shop Built Adjustable Unscrambler W/Hyd Kicker, very good Condition!

188A

Shop Built Unscrambler*
66" wide 6' high, used for pallet lumber

189

Mellott Log Deck Kickers
2- 10' Kickers, Heavy Duty, Good Condition,

189A

26" Montgomery Hog*
Good Working Condition

189B

Dip Tank Lift*
Hyd Lift, W/ Hyd Power Pack, Good working Condition

190

Cleereman Track & Carriage*
Model 36, Ser# 36-220, Approx 48' track, 3-HB 2 in working condition, Air/ Hyd Setworks, Fair Condition

191

Mellot Log Trough*
19' x 14" x 32", 5hp 3-phase electric motor, w/ hyd kicker on both sides, no chain, appears to be in working Condition

819

192

Mellot Log Turner*
Chain type, Hyd Drive, Good working Condition

193

Ferris HydroWalk Lawnmower
52”, pistol grip, works but has dead battery

194

Cornell Dust Blower
24” *

194A

Cornell Dust Blower
24”

195

Detroit Diesel
Works good, hp and hours unknown *

196

Log Deck
3 strand, 10’ x 24’ with 37” steel legs, not assembled*

196A

Plastic pipe*
8" x 26' , plus elbow

197

Meadows Mill Edger
Serial # 30S-1291X-86, 2- 16” blades, no drive

198

Reckart Mill
56” blade*

199

200

201

201A

Skidder Chains*
Was used on lot # 200, very good condition, used only 1 winter

202

John Deere 650H Dozer
PIN T0650HX908039, 8003 hrs. 6 way blade, new undercarriage 2 years ago (in excellent condition) new track sensors, John Deere 110,000 winch, solid, good working machine

203

Tigercat 230B Knuckleboom
Serial # 2301152, 6801 hrs. continuous grapple, 2 main cylinders were repacked at 3000 hrs. this is a good working machine.

204

Tigercat 234 Knuckleboom
Serial # 2340320, 18,920 hrs. continuous grapple, engine fires right up on cold days, good solid machine

205

CTR Bucksaw
Model 42IP, 6' with 19' angled bed, was used with lot # 203

205A

New Motor For Bucksaw
*

205B

Oregon Sharpener
*

206

Knuckleboom Grapple
Came off Prentice, as is

207

1995 Prentice 410D Knuckleboom
Rebuilt Cummins Engine 600 hrs ago, Replaced alot of Hyd hoses in the fall of 2019, 5-2018-Rebuilt Bushing in big Main Lift Cyclinder, Runs Good Ready for Work.

207A

Log Hog Knuckleboom*
John Deere Engine, Joy Stick, Continuous Swivel Grapple, Buck saw Hook Up, has Hydraulic leak, Good Running Condition

208

208A

24" Flat Bottom Footing Bucket
Reconditioned like new

208B

36" Dirt Bucket
Heavy Duty, Reconditioned like new

208C

2004 Pitts Log Trailer
LT42 x 102, One owner, has title, Good Brakes! Good Working Condition

208D

2001 Transcraft Trailer*
VIN 1TTF4820712007757, has title, No Brakes, removable bunks, Fair Condition

209

210

Aluminum Headache Rack and Peterbilt Mud-flaps
48” x 100” with chain hooks

800

610 Bobcat Skid Steer*
New Battery, New Alternator, Electronic Fuel Pump, hrs unknown, Engine needs work,

801

Etnyre Trailer*
Complete Rebuild, 25' Deck, 3' Dovetail, W/ Hyd Controls Powered By 5hp Honda Engine, Title, New Metal, New Brakes, Nice Trailer!!

801A

2001 Freightliner Truck*
This vehicle has been removed from the auction due to major mechanical damage.

802

Clark Forklift*
8000 lbs Lift, no side shift, 3 speed, 48" forks, 2 stage mast, hrs unknown, Runs Rough needs work

803

Dimco-Milano Milling Machine*
Model VM3/4, 12'X60" Table, Good working Condition

804

Hydraulic Tank*
Approx 300 gal, W/ Hyd Pump condition unknown, Line Shaft Ready,Tank Good Condition

805

60KW Natural Gas Genset*
SN# MS39049, 120 hp, Ford Engine, 3-phase,

806

Bemato Surface Grinder*
6"x 20" Magnetic Table, some damage from shipping, Good working Condition

807

Warner Swasey Turret Lathe*
No.5, Bar Feeder, Working Condition

808

Saylor -Beall Air Compressor*
Approx 80 Gal, Horizontal, 200 Max psi, Electric Motor, Excellent Condition

809

Yoshida Morse Drill Press*
18" x 40" Table Top, Seller never used, Condition unknown

810

MSC Milling & Drilling Machine*
Table Top, Condition unknown

811

Jet Mill*
Table Top, 8"x 32" Table, R8 collet, Good Working Condition

812

Bridgeport Milling Machine*
DRO, has damage from shipping, Good Working Condition

813

SuperMax Milling Machine*
9"x 48" Table, DRO, Good Working Condition

814

17" Clausing-Colchester Lathe*
17"x 80", Has Taper Attachment, 80" center in between, Working Condition

815

Wilton Metal Band Saw*
Horizontal, Model 3502, Ser# 146248, 12" cutting Cap. 3/4" band, 1/2 hp electric motor, Working Condition

816

Clausing-Colchester Lathe*
17" x 80" DRO, Excellent Working Condition

817

Terex Telehandler*
Model# SS1048, Ser# 002653, 6087 hrs, 10,000 lbs Lift Cap., Injector pump rebuilt 100 hrs ago, Foam filled Tires, 3- decent tires, 1- bald, Strong Hydraulics, Good Running Machine

818

2001 Bobcat 773*
Ser#517613282, only 2223 hrs, open cab, tires at 25%, Good working Machine

819

Fuel Tank*
200 Gal, on a Stand,

820

KL Hyd Oil Tank*
40"x 30"x 20" , 100 Gal, Ex Condition

821

Inverter*
NV-P 3000 24-V Pure Sine Wave, Good Condition

822

Logging Mat*
8' x 20' steel frame wooden two sided floor Mat, selling one, 9 more available depending on price, Good Condition

823

Barn Sweep
65’ electric drive

824

Green Chain
4 strand, 11’ x 23’ with 22” steel legs

825

Tailing Belt
28’ no drive

826

Unscrambler
4 strand, 10’ x 10’, no drive *

827

828

RABER LUMBERListing ID#: 340798

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RABER LUMBER
Listing ID#: 340798

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