Burkholder Lumber
Listing ID#: 413554

Sale Location

Panama, NY 14767
Sale Dates and TimesSALE IS COMPLETED
Friday Jul 23, 2021 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
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Listing Terms and Conditions

There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.



 



 



 



 



 



 



 



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.

 
  1. 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.

 

  1. 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 .

 
  1. 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.

 

 


  1. 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.

 

  1. 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.


 

  1. 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.

 
  1. 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.
  2. 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.

 
  1. 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.

 

  1. 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.

 

  1. 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.


 

  1. 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.

 

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

 

  1. 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.

 

  1.  

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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

 
  1. 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.


  1.  

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.

 
  1. 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.

 

  1. 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.

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

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.









 
  1. 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.

 
  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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 liquidation of Burkholder Lumber in Panama NY. Partial list includes, Frick carriage, HMC debarker, Morbark Chip-Pac, multiple power units, 2017 John Deere wheel loader, Bobcat and Cat skid steers, skidders, and much more. Live, phone, and online bidding available. CONSIGNMENTS WANTED. Call Myron @ 574.229.4341 to consign your equipment for free marketing.

00
Information Lot
LOADOUT: All equipment MUST be removed from auction sight within 30 days. (8-21-21) For loadout on uninstalled items contact John Burkholder at 716.782.2136 For rigging on installed items contact George Foster at 813.624.1030 

ENJOY THE AUCTION!


10
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding

160
HMC Rosserhead Debarker
Model V206, serial # 1836-05, slant track, hydraulic motor on head, includes all hoses going to reservoir, 1st lot of an entirety

161
Barn Sweep Underneath Debarker
28' flat, 24' on incline, hydraulic drive

162
3 Strand Log Deck with Stop and Load
10'6" x 19' x 75" high, hydraulic Tulsa Winch drive

163
Oil Reservoir with Cooler
3' x 6' x 3' deep

164
Reckart Log Trough with Dual Kickers
33" x 45' x 4' high, hydraulic drive

165
Entirety Lot 160-164
With 10% raise

166
Frick 4 HB Handset Carriage
36" x 15' carriage, 9" carriage wheels, includes 50' track, 34 1/2" center to center, air dogs, self receding, 1st lot of an entirety

167
Tyrone Berry Drive
Model SMA-215, serial # A2225, DA-L/M 4005, PSI 1500

168
Tyrone Berry Feed
Model SMA-215, serial # A2225, DA-L/M 4006, PSI 1500, RPM 1800

169
Frick Husk
2 1/2" x 9'6" shaft, No. 25592

170
Entirety Lot 166-169
With 10% raise

171
56" Circle Blade
has F8 inserts

172
56" Circle Blade
.

173
56" Circle Blade
.

174
56" Circle Blade
.

175
56" Circle Blade
.

176
Reckart 3 Strand Log Deck with Stop and Load
8'6" x 16' x 42" high, hydraulic drive

177
48" Chain Turner
Hydraulic drive

178
Iveco 6 Cylinder
#F3AE9687A, E001-153359, NACD clutch, 425 HP, meter shows 6314 hours, one owner, in good working order

179
Fuel Tank
4' round x 6'

180
Line Shaft
2 1/2" x 6', 5 pulleys, 2- 6 groove, 2- 5 groove, 1- 2 groove

181
Hydraulic Pump Station
Was used for debarker

182
Hydraulic Lines Between Pumps and Reservoir
1"-2" lines

183
24" Pendu Dust Blower
No drive

184
Quincy Air Compressor
Model 325 137422455, size 4 1/2 and 2 1/2 x 3, no drive

185
Air Tank
15" round x 40"

186
Oil Reservoir
20" x 26" x 40 1/2" high

187
Cornell 3 Blade Edger
6" x 42", 18" blades, 2 moveable, line shaft ready, no drive, good condition, 8' infeed and outfeed, Laser system, parts readily available 

187A
24" Dust Blower
No drive

187B
New Shaft for Edger*
.

188
Edger Blades
18", 3 1/2" bore, total of 7

189
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

189A
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

190
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

191
2012 Morbark 48" Chip-Pac
Serial # 1074, 3 knife, 5' x 5' shaker screen, good condition, no drive, was bought new in 2014, 1st lot of an entirety

192
Morbark Hydraulic Unit
Serial # 903, Was used for lot 191, 195, and 196, includes controls

193
John Deere 6068 Power Unit
Serial # PE6068L183704, 6.8 L, NACD clutch, meter reads 2960 hours, good condition, one owner

194
Entirety Lot 191-194
With 10% raise

195
Vibrating Conveyor
25' x 18'6" x 24" high, 19" pan, 4" sides, hydraulic drive, infeed for chipper

196
Reckart Chip Conveyor
35" x 20' on incline, 24" belt, hydraulic drive

197
Newman No. 500 4 Sided Planer/Moulder
Shop No. 5392, 6' x 15' overall, 6" high x 14" wide capacity, no drive, includes skid of heads and accessories

198
Newman G132 Chipper Knife Sharpener
2 HP single phase motor

199
Mud Saw
10" saw, 13'6" long

200
3 KW Hydraulic Pack
Needs electrical repairs

201
6 Cylinder Detroit Diesel
Was bought several years ago as a working unit but never used it.

202
V-Belts
Various sizes and conditions

203
Parts for Mill
New Simonds saw bits, teeth/shoulder tools, grinder and more

208
Bearings, Sprockets, Hydraulic Motors etc.
.

204
Roller Chain
.

208A
New Bearings*

205
Replacement Fan For Dust Blower
.

209
Mellott Hydraulic Oil Reservoir
.

206
Chipper Parts
Knives, holders, anvils, set screws, and more

210A
Diesel Kleen Treatment*
.1-case, 24 pcs, 32oz treats a 1000 gal

207
Hydraulic Motors, Bearings, Sprockets and more
.

301
JRB Bucket
Model John Deere, 3 yard

210B
Hyd Pump*
W/Controls

210C
42" Stacking Sticks*
Air Flow, 1350 pcs

211
Debarker Parts
65 Misc. debarker teeth and bolts, babbit bars and melting ladle, 2 new head bearings

212
Pulleys
Various sizes

210
Assortment Of V-Belts.
.

213
6" Clipper Belt Lacer
No. 326327

214
Parts For Mill
New and used shanks, 3 1/2 boxes carbide bits, dressing stones, saw wrenches, grinder, 9 saw guide inserts

215
New and Used Roller Chain
.

215A
Cant Hooks*
.

215B
Iveco Filters*
2-Primary Air Filters 2-Secondary Air Filter, 2-Oil Filters

216
Chipper Parts
Knifes, anvils, bearings, etc.

217
Parts For Carriage
.

218
Cornell Edger Parts For Bull Gang Setup
.

300
2017 John Deere 544K-II High Lift
PIN 1DW544KHCGF677684, meter shows 4228 hours, joystick controls, heat and A/C, John Deere 6068 engine, JRB quick attach, does not include any attachments, has air ride control, tier 4 engine, HIGH LIFT all original and in excellent condition

300A
John Deere 544G Wheel Loader
PIN DW544GB542903, Enclosed Cab, pin on Grapple Forks, Shows 15,000 hrs, Grapple Forks included, John Deere Engine ser# SE6068T791827, Transmission ser#4WG-150 M10556 Will have tuneup by Auction time, Runs and operates

302
JRB Grapple
Model 544G, 44" forks.

302A
John Deere 550G Dozer*
Ser# NA, meter shows 16,000 hrs, Engine was Rebuilt at 10,000 hrs, Open Cab, Winch, 6-way blade, Rebuilt Winch Pump, New Radiator and Oil Cooler 1500 hrs ago, New Bearings in Transmission 500 hrs ago, Rebuilt Transmission pump, Replaced 1 Final Drive and New Bearings, (New Sprockets and Front Idlers , New Turbo, New Track Tension Rods & Seals, Rebuilt Water Pump all done in Dec 2020) Machine will need Track Chains replaced soon rest of Undercarriage is like new.

302B
Case 450C Dozer
Ser# JAK0012903, Open Cab, Winch, 16" Track, Long Track, 4 cylinder Cummins Engine, 6 way 7' blade,

303
2016 Bobcat T550 Skid Steer
Ser# AJZV16040, Enclosed Cab, Heat and Air, Shows 2240 hrs, 4 cylinder Diesel Engine, Does NOT include any Attachments, Will be Serviced before Auction, Runs and Operates, Nice Machine

304
2006 CAT 287B Skid Steer
4 cylinder diesel engine, shows 4500 hrs, approx 85 hp, joystick controls, new battery & cables, replaced all filters, Does NOT include any Attachments, needs new aux switch, needs undercarriage and tracks replaced, engine runs great.

305
48" Skid Steer Forks
Quick Attach

305A
42" Skid Steer Forks
Quick Attach, Good Condition

306
84" Skid Steer Bucket
Quick Attach

306A
92" Box Scraper for Skid Steer
Quick Attach,

307
73" Skid Steer Bucket
Quick Attach, Good Condition

309
Enviro Max Forwarder
Model MST 1500, Ser# 151886, shows 6577 hrs, W/ Hood Knuckleboom, Continuous swivel grapple, Open Cab, New oil cooler, Completely gone through this Unit, New Paint, Nice Machine!

309A
Grapple
Came off lot 309 Forwarder, needs new bearing, non continuous swivel,

309B
Terex Telehandler
Model TH636C, Ser# 057048, 6000 lbs Lift, Total Truck Weight 21080, Meter shows 719 hrs, 4wd, approx 95 hp, 36' reach, 4 cylinder John Deere Engine, has pump shut off for cold starts, Good working Condition

310
John Deere 540B Cable Skidder
PIN DW540B0504109, 1937 hrs on Rebuilt Engine and Transmission, New Hyd Pump, New Clutch, 4 New Wheel Bearings, Tire Size 23.1-26 John Deere 4045T engine, Does not include tire chains!, 7' blade, good working condition

311
Single Diamond Ice Pick Chains
23.1-26 tires

312
Set Bear Paw Skidder Chains
23.1-26 tires

312A
1990 Bayliner Fishing Boat
Model Trophy, Vin BYQB68FTB090, Trailer-Shoreliner, VIN N0VIN0200220578, 22.6' X 102 wide, Cabin, Fish Finder, 150 hp V6 2 cycle Yamaha Outboard Motor, 9.9 hp four stroke Evinrude Trolling Motor this Engine does Not have fuel tank, Has been Serviced by Professional, oil change, spark plugs, both motors run. Ready for the Water. Trailer has lost title owner has applied for new one should have it by end of month.

313
Frick 4 HB Handset Carriage
14' Carriage No1, hyd controls, 44' Track and Frame, Track is 34 1/2" center to center, includes drive, Air dogs, self receding, 1st of an Entirety, Lots 313-316 318-319, 322-325, 327 will be sold off site. Located at 1106 Clymer Hill Rd, Clymer, NY 14724. A few Miles from Auction site. Seller has a agreed to remove and load these Items free of charge. Seller will Require 2 weeks from day of auction to remove equipment.

314
56" Frick Husk
Includes 56" blade, 48" off bearing belt, " overall Frame W/ 10' 2 1/2" dia shaft, includes Pulleys

315
8" Mud Saw
Hyd Drive

316
Hyd Feed
Includes all hoses, also everything on hyd tank going to and from equipment.

317
Entirety Lot 313-316
With 10% raise

317A
56" Circle Blade
Very Good Condition

318
Miner Edger
4" X 42", Ser# PBB711, No drive, Line shaft ready, 96" infeed, 96" outfeed, 2-blade one movable, includes hyd infeed drive,

318A
Lumberline Lasers
2-110 volt model L-10

319
John Deere Diesel Power Unit
6414T, 140 hp, meter shows 2500 hrs, Completely Rebuilt 2 yrs ago, Doesn't use oil, Runs Good,

319A
2008 Baker 3638G Portable Sawmill
Ser# , 3 cylinder Deutz Diesel Air Cooled Engine, 34 hp, hrs unknown, Fully Hyd, Hyd Log Loader, debarker, 28" band wheels, meter shows 9500 hrs on machine, handles Logs up 36" dia, Cuts Logs up to 20' 6" , 2" ball coupler, Good working Condition

333

319B
Automatic Slab Cutoff Saw
Brand New Shop Built ( By County Line Fabrication) Heavy Duty, Built for 30" Blade, Blade is Not included, 8' Live Infeed, Fully Enclosed Dust System, 6" Dust Port, No Drive, Quality Built Machine

320
Morgan Resaw
6"X 8" high, Kohler Magnum 20 Engine

321
RotoFlow Chip Screen
6' x 6' all new bearings and new rocker arms, this screen is in good condition. (better then it looks) 

322
Belt Conveyor
24" X 20' long 30" adjustable legs, includes hyd drive

323
Hyd Tank
23" X 48" X 27" high, No hoses included.

324
20" Cornell Blower
No drive

325
12" Cornell Blower
Model A13-BLO, Ser# 002-8-001, No Drive

326
24" Phelps Blower
Model 25ks, Ser# 119153, No drive

327
Dust Pipe
Approx 125' of 6" pvc dust pipe Approx 125' of 8" pvc dust pipe

328
Belt Conveyor
18" X 25' long, W/ hyd motor, on a incline, good condition

329
24" Yates Planer
Yates 151, Hyd Drive, 3-knife, includes pto drive, dust hood, some small accessories, Good Working Condition

330
60" Swisher Fast Finish Mower
Pull behind adjustable hitch, Power Built 500cc 14.5 gas Engine, Air Tires, Like new condition, very low hrs

331
48" Beloit-Passavant Chipper
Model 1048-20-D, Ser# 50325-01, 6-knife, No Drive

332
28" Edger
Shop Built Smicksburg, 2-blade one movable, infeed and outfeed, No Drive

333
Log Turner
Chain type, hyd drive

334
Mellot Log Turner
Chain Type, Hyd drive

335
Mellot Log Deck
10' X 16' , 3-strand log deck w/ 4' 3-strand incline extension, Stop & Load, Hyd drive, Tulsa Gear Drive, H-78 chain , Good Condition

336
Live Roll Case
24" X 47' , Rollers are 7" X 24" , Heavy Duty, 1 1/2 hp electric drive, Good working Condition

337
Patz Barn Sweep
Chain is approx 125'-150' long , chain is very good condition

338
Mellot Hyd Tank
Approx 30 gal, comes w/ pump & hoses

339
Irvington Moore Grading Line*
.

340
Skate Roller*
23" X 94" X 42", Rollers 1.25 X 21.5, 30" on center

341
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Burkholder Lumber

Bright Star Realty and Auctions, INC

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone:
Sale Location
7030 Kings Corner Rd
Panama, NY 14767
Sale Dates and Times
Friday Jul 23, 2021 Completed
Sale Terms and Conditions

There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.

 

 

 

 

 

 

 

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.
 
  1. 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.
 
  1. 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 .
 
  1. 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.
 
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
  2. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
 
  1. 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.
 
  1.  
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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
 
  1. 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.
  1.  
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.
 
  1. 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.
 
  1. 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.
 
  1. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.




 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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 liquidation of Burkholder Lumber in Panama NY. Partial list includes, Frick carriage, HMC debarker, Morbark Chip-Pac, multiple power units, 2017 John Deere wheel loader, Bobcat and Cat skid steers, skidders, and much more. Live, phone, and online bidding available. CONSIGNMENTS WANTED. Call Myron @ 574.229.4341 to consign your equipment for free marketing.

00
Information Lot
LOADOUT: All equipment MUST be removed from auction sight within 30 days. (8-21-21) For loadout on uninstalled items contact John Burkholder at 716.782.2136 For rigging on installed items contact George Foster at 813.624.1030 

ENJOY THE AUCTION!


10
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding

160
HMC Rosserhead Debarker
Model V206, serial # 1836-05, slant track, hydraulic motor on head, includes all hoses going to reservoir, 1st lot of an entirety

161
Barn Sweep Underneath Debarker
28' flat, 24' on incline, hydraulic drive

162
3 Strand Log Deck with Stop and Load
10'6" x 19' x 75" high, hydraulic Tulsa Winch drive

163
Oil Reservoir with Cooler
3' x 6' x 3' deep

164
Reckart Log Trough with Dual Kickers
33" x 45' x 4' high, hydraulic drive

165
Entirety Lot 160-164
With 10% raise

166
Frick 4 HB Handset Carriage
36" x 15' carriage, 9" carriage wheels, includes 50' track, 34 1/2" center to center, air dogs, self receding, 1st lot of an entirety

167
Tyrone Berry Drive
Model SMA-215, serial # A2225, DA-L/M 4005, PSI 1500

168
Tyrone Berry Feed
Model SMA-215, serial # A2225, DA-L/M 4006, PSI 1500, RPM 1800

169
Frick Husk
2 1/2" x 9'6" shaft, No. 25592

170
Entirety Lot 166-169
With 10% raise

171
56" Circle Blade
has F8 inserts

172
56" Circle Blade
.

173
56" Circle Blade
.

174
56" Circle Blade
.

175
56" Circle Blade
.

176
Reckart 3 Strand Log Deck with Stop and Load
8'6" x 16' x 42" high, hydraulic drive

177
48" Chain Turner
Hydraulic drive

178
Iveco 6 Cylinder
#F3AE9687A, E001-153359, NACD clutch, 425 HP, meter shows 6314 hours, one owner, in good working order

179
Fuel Tank
4' round x 6'

180
Line Shaft
2 1/2" x 6', 5 pulleys, 2- 6 groove, 2- 5 groove, 1- 2 groove

181
Hydraulic Pump Station
Was used for debarker

182
Hydraulic Lines Between Pumps and Reservoir
1"-2" lines

183
24" Pendu Dust Blower
No drive

184
Quincy Air Compressor
Model 325 137422455, size 4 1/2 and 2 1/2 x 3, no drive

185
Air Tank
15" round x 40"

186
Oil Reservoir
20" x 26" x 40 1/2" high

187
Cornell 3 Blade Edger
6" x 42", 18" blades, 2 moveable, line shaft ready, no drive, good condition, 8' infeed and outfeed, Laser system, parts readily available 

187A
24" Dust Blower
No drive

187B
New Shaft for Edger*
.

188
Edger Blades
18", 3 1/2" bore, total of 7

189
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

189A
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

190
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

191
2012 Morbark 48" Chip-Pac
Serial # 1074, 3 knife, 5' x 5' shaker screen, good condition, no drive, was bought new in 2014, 1st lot of an entirety

192
Morbark Hydraulic Unit
Serial # 903, Was used for lot 191, 195, and 196, includes controls

193
John Deere 6068 Power Unit
Serial # PE6068L183704, 6.8 L, NACD clutch, meter reads 2960 hours, good condition, one owner

194
Entirety Lot 191-194
With 10% raise

195
Vibrating Conveyor
25' x 18'6" x 24" high, 19" pan, 4" sides, hydraulic drive, infeed for chipper

196
Reckart Chip Conveyor
35" x 20' on incline, 24" belt, hydraulic drive

197
Newman No. 500 4 Sided Planer/Moulder
Shop No. 5392, 6' x 15' overall, 6" high x 14" wide capacity, no drive, includes skid of heads and accessories

198
Newman G132 Chipper Knife Sharpener
2 HP single phase motor

199
Mud Saw
10" saw, 13'6" long

200
3 KW Hydraulic Pack
Needs electrical repairs

201
6 Cylinder Detroit Diesel
Was bought several years ago as a working unit but never used it.

202
V-Belts
Various sizes and conditions

203
Parts for Mill
New Simonds saw bits, teeth/shoulder tools, grinder and more

208
Bearings, Sprockets, Hydraulic Motors etc.
.

204
Roller Chain
.

208A
New Bearings*

205
Replacement Fan For Dust Blower
.

209
Mellott Hydraulic Oil Reservoir
.

206
Chipper Parts
Knives, holders, anvils, set screws, and more

210A
Diesel Kleen Treatment*
.1-case, 24 pcs, 32oz treats a 1000 gal

207
Hydraulic Motors, Bearings, Sprockets and more
.

301
JRB Bucket
Model John Deere, 3 yard

210B
Hyd Pump*
W/Controls

210C
42" Stacking Sticks*
Air Flow, 1350 pcs

211
Debarker Parts
65 Misc. debarker teeth and bolts, babbit bars and melting ladle, 2 new head bearings

212
Pulleys
Various sizes

210
Assortment Of V-Belts.
.

213
6" Clipper Belt Lacer
No. 326327

214
Parts For Mill
New and used shanks, 3 1/2 boxes carbide bits, dressing stones, saw wrenches, grinder, 9 saw guide inserts

215
New and Used Roller Chain
.

215A
Cant Hooks*
.

215B
Iveco Filters*
2-Primary Air Filters 2-Secondary Air Filter, 2-Oil Filters

216
Chipper Parts
Knifes, anvils, bearings, etc.

217
Parts For Carriage
.

218
Cornell Edger Parts For Bull Gang Setup
.

300
2017 John Deere 544K-II High Lift
PIN 1DW544KHCGF677684, meter shows 4228 hours, joystick controls, heat and A/C, John Deere 6068 engine, JRB quick attach, does not include any attachments, has air ride control, tier 4 engine, HIGH LIFT all original and in excellent condition

300A
John Deere 544G Wheel Loader
PIN DW544GB542903, Enclosed Cab, pin on Grapple Forks, Shows 15,000 hrs, Grapple Forks included, John Deere Engine ser# SE6068T791827, Transmission ser#4WG-150 M10556 Will have tuneup by Auction time, Runs and operates

302
JRB Grapple
Model 544G, 44" forks.

302A
John Deere 550G Dozer*
Ser# NA, meter shows 16,000 hrs, Engine was Rebuilt at 10,000 hrs, Open Cab, Winch, 6-way blade, Rebuilt Winch Pump, New Radiator and Oil Cooler 1500 hrs ago, New Bearings in Transmission 500 hrs ago, Rebuilt Transmission pump, Replaced 1 Final Drive and New Bearings, (New Sprockets and Front Idlers , New Turbo, New Track Tension Rods & Seals, Rebuilt Water Pump all done in Dec 2020) Machine will need Track Chains replaced soon rest of Undercarriage is like new.

302B
Case 450C Dozer
Ser# JAK0012903, Open Cab, Winch, 16" Track, Long Track, 4 cylinder Cummins Engine, 6 way 7' blade,

303
2016 Bobcat T550 Skid Steer
Ser# AJZV16040, Enclosed Cab, Heat and Air, Shows 2240 hrs, 4 cylinder Diesel Engine, Does NOT include any Attachments, Will be Serviced before Auction, Runs and Operates, Nice Machine

304
2006 CAT 287B Skid Steer
4 cylinder diesel engine, shows 4500 hrs, approx 85 hp, joystick controls, new battery & cables, replaced all filters, Does NOT include any Attachments, needs new aux switch, needs undercarriage and tracks replaced, engine runs great.

305
48" Skid Steer Forks
Quick Attach

305A
42" Skid Steer Forks
Quick Attach, Good Condition

306
84" Skid Steer Bucket
Quick Attach

306A
92" Box Scraper for Skid Steer
Quick Attach,

307
73" Skid Steer Bucket
Quick Attach, Good Condition

309
Enviro Max Forwarder
Model MST 1500, Ser# 151886, shows 6577 hrs, W/ Hood Knuckleboom, Continuous swivel grapple, Open Cab, New oil cooler, Completely gone through this Unit, New Paint, Nice Machine!

309A
Grapple
Came off lot 309 Forwarder, needs new bearing, non continuous swivel,

309B
Terex Telehandler
Model TH636C, Ser# 057048, 6000 lbs Lift, Total Truck Weight 21080, Meter shows 719 hrs, 4wd, approx 95 hp, 36' reach, 4 cylinder John Deere Engine, has pump shut off for cold starts, Good working Condition

310
John Deere 540B Cable Skidder
PIN DW540B0504109, 1937 hrs on Rebuilt Engine and Transmission, New Hyd Pump, New Clutch, 4 New Wheel Bearings, Tire Size 23.1-26 John Deere 4045T engine, Does not include tire chains!, 7' blade, good working condition

311
Single Diamond Ice Pick Chains
23.1-26 tires

312
Set Bear Paw Skidder Chains
23.1-26 tires

312A
1990 Bayliner Fishing Boat
Model Trophy, Vin BYQB68FTB090, Trailer-Shoreliner, VIN N0VIN0200220578, 22.6' X 102 wide, Cabin, Fish Finder, 150 hp V6 2 cycle Yamaha Outboard Motor, 9.9 hp four stroke Evinrude Trolling Motor this Engine does Not have fuel tank, Has been Serviced by Professional, oil change, spark plugs, both motors run. Ready for the Water. Trailer has lost title owner has applied for new one should have it by end of month.

313
Frick 4 HB Handset Carriage
14' Carriage No1, hyd controls, 44' Track and Frame, Track is 34 1/2" center to center, includes drive, Air dogs, self receding, 1st of an Entirety, Lots 313-316 318-319, 322-325, 327 will be sold off site. Located at 1106 Clymer Hill Rd, Clymer, NY 14724. A few Miles from Auction site. Seller has a agreed to remove and load these Items free of charge. Seller will Require 2 weeks from day of auction to remove equipment.

314
56" Frick Husk
Includes 56" blade, 48" off bearing belt, " overall Frame W/ 10' 2 1/2" dia shaft, includes Pulleys

315
8" Mud Saw
Hyd Drive

316
Hyd Feed
Includes all hoses, also everything on hyd tank going to and from equipment.

317
Entirety Lot 313-316
With 10% raise

317A
56" Circle Blade
Very Good Condition

318
Miner Edger
4" X 42", Ser# PBB711, No drive, Line shaft ready, 96" infeed, 96" outfeed, 2-blade one movable, includes hyd infeed drive,

318A
Lumberline Lasers
2-110 volt model L-10

319
John Deere Diesel Power Unit
6414T, 140 hp, meter shows 2500 hrs, Completely Rebuilt 2 yrs ago, Doesn't use oil, Runs Good,

319A
2008 Baker 3638G Portable Sawmill
Ser# , 3 cylinder Deutz Diesel Air Cooled Engine, 34 hp, hrs unknown, Fully Hyd, Hyd Log Loader, debarker, 28" band wheels, meter shows 9500 hrs on machine, handles Logs up 36" dia, Cuts Logs up to 20' 6" , 2" ball coupler, Good working Condition

333

319B
Automatic Slab Cutoff Saw
Brand New Shop Built ( By County Line Fabrication) Heavy Duty, Built for 30" Blade, Blade is Not included, 8' Live Infeed, Fully Enclosed Dust System, 6" Dust Port, No Drive, Quality Built Machine

320
Morgan Resaw
6"X 8" high, Kohler Magnum 20 Engine

321
RotoFlow Chip Screen
6' x 6' all new bearings and new rocker arms, this screen is in good condition. (better then it looks) 

322
Belt Conveyor
24" X 20' long 30" adjustable legs, includes hyd drive

323
Hyd Tank
23" X 48" X 27" high, No hoses included.

324
20" Cornell Blower
No drive

325
12" Cornell Blower
Model A13-BLO, Ser# 002-8-001, No Drive

326
24" Phelps Blower
Model 25ks, Ser# 119153, No drive

327
Dust Pipe
Approx 125' of 6" pvc dust pipe Approx 125' of 8" pvc dust pipe

328
Belt Conveyor
18" X 25' long, W/ hyd motor, on a incline, good condition

329
24" Yates Planer
Yates 151, Hyd Drive, 3-knife, includes pto drive, dust hood, some small accessories, Good Working Condition

330
60" Swisher Fast Finish Mower
Pull behind adjustable hitch, Power Built 500cc 14.5 gas Engine, Air Tires, Like new condition, very low hrs

331
48" Beloit-Passavant Chipper
Model 1048-20-D, Ser# 50325-01, 6-knife, No Drive

332
28" Edger
Shop Built Smicksburg, 2-blade one movable, infeed and outfeed, No Drive

333
Log Turner
Chain type, hyd drive

334
Mellot Log Turner
Chain Type, Hyd drive

335
Mellot Log Deck
10' X 16' , 3-strand log deck w/ 4' 3-strand incline extension, Stop & Load, Hyd drive, Tulsa Gear Drive, H-78 chain , Good Condition

336
Live Roll Case
24" X 47' , Rollers are 7" X 24" , Heavy Duty, 1 1/2 hp electric drive, Good working Condition

337
Patz Barn Sweep
Chain is approx 125'-150' long , chain is very good condition

338
Mellot Hyd Tank
Approx 30 gal, comes w/ pump & hoses

339
Irvington Moore Grading Line*
.

340
Skate Roller*
23" X 94" X 42", Rollers 1.25 X 21.5, 30" on center

341
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Burkholder Lumber
 Live Auction
 
Sale Date(s)
Friday Jul 23, 2021 Completed
Sale Location

Panama, NY 14767
Company
Bright Star Realty and Auctions, INC

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

Listing Terms and Conditions

There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.

 

 

 

 

 

 

 

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.
 
  1. 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.
 
  1. 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 .
 
  1. 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.
 
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
  2. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion.
 
  1. 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.
 
  1.  
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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
 
  1. 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.
  1.  
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.
 
  1. 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.
 
  1. 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.
 
  1. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.




 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.
 
  1. 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.

 
Complete liquidation of Burkholder Lumber in Panama NY. Partial list includes, Frick carriage, HMC debarker, Morbark Chip-Pac, multiple power units, 2017 John Deere wheel loader, Bobcat and Cat skid steers, skidders, and much more. Live, phone, and online bidding available. CONSIGNMENTS WANTED. Call Myron @ 574.229.4341 to consign your equipment for free marketing.

00
Information Lot
LOADOUT: All equipment MUST be removed from auction sight within 30 days. (8-21-21) For loadout on uninstalled items contact John Burkholder at 716.782.2136 For rigging on installed items contact George Foster at 813.624.1030 

ENJOY THE AUCTION!


10
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding

160
HMC Rosserhead Debarker
Model V206, serial # 1836-05, slant track, hydraulic motor on head, includes all hoses going to reservoir, 1st lot of an entirety

161
Barn Sweep Underneath Debarker
28' flat, 24' on incline, hydraulic drive

162
3 Strand Log Deck with Stop and Load
10'6" x 19' x 75" high, hydraulic Tulsa Winch drive

163
Oil Reservoir with Cooler
3' x 6' x 3' deep

164
Reckart Log Trough with Dual Kickers
33" x 45' x 4' high, hydraulic drive

165
Entirety Lot 160-164
With 10% raise

166
Frick 4 HB Handset Carriage
36" x 15' carriage, 9" carriage wheels, includes 50' track, 34 1/2" center to center, air dogs, self receding, 1st lot of an entirety

167
Tyrone Berry Drive
Model SMA-215, serial # A2225, DA-L/M 4005, PSI 1500

168
Tyrone Berry Feed
Model SMA-215, serial # A2225, DA-L/M 4006, PSI 1500, RPM 1800

169
Frick Husk
2 1/2" x 9'6" shaft, No. 25592

170
Entirety Lot 166-169
With 10% raise

171
56" Circle Blade
has F8 inserts

172
56" Circle Blade
.

173
56" Circle Blade
.

174
56" Circle Blade
.

175
56" Circle Blade
.

176
Reckart 3 Strand Log Deck with Stop and Load
8'6" x 16' x 42" high, hydraulic drive

177
48" Chain Turner
Hydraulic drive

178
Iveco 6 Cylinder
#F3AE9687A, E001-153359, NACD clutch, 425 HP, meter shows 6314 hours, one owner, in good working order

179
Fuel Tank
4' round x 6'

180
Line Shaft
2 1/2" x 6', 5 pulleys, 2- 6 groove, 2- 5 groove, 1- 2 groove

181
Hydraulic Pump Station
Was used for debarker

182
Hydraulic Lines Between Pumps and Reservoir
1"-2" lines

183
24" Pendu Dust Blower
No drive

184
Quincy Air Compressor
Model 325 137422455, size 4 1/2 and 2 1/2 x 3, no drive

185
Air Tank
15" round x 40"

186
Oil Reservoir
20" x 26" x 40 1/2" high

187
Cornell 3 Blade Edger
6" x 42", 18" blades, 2 moveable, line shaft ready, no drive, good condition, 8' infeed and outfeed, Laser system, parts readily available 

187A
24" Dust Blower
No drive

187B
New Shaft for Edger*
.

188
Edger Blades
18", 3 1/2" bore, total of 7

189
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

189A
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

190
A.G. Trucut Skate Roller
26" x 10' x 33" high, 3 1/2" x 23 3/4" rolls, 8" roll spacing

191
2012 Morbark 48" Chip-Pac
Serial # 1074, 3 knife, 5' x 5' shaker screen, good condition, no drive, was bought new in 2014, 1st lot of an entirety

192
Morbark Hydraulic Unit
Serial # 903, Was used for lot 191, 195, and 196, includes controls

193
John Deere 6068 Power Unit
Serial # PE6068L183704, 6.8 L, NACD clutch, meter reads 2960 hours, good condition, one owner

194
Entirety Lot 191-194
With 10% raise

195
Vibrating Conveyor
25' x 18'6" x 24" high, 19" pan, 4" sides, hydraulic drive, infeed for chipper

196
Reckart Chip Conveyor
35" x 20' on incline, 24" belt, hydraulic drive

197
Newman No. 500 4 Sided Planer/Moulder
Shop No. 5392, 6' x 15' overall, 6" high x 14" wide capacity, no drive, includes skid of heads and accessories

198
Newman G132 Chipper Knife Sharpener
2 HP single phase motor

199
Mud Saw
10" saw, 13'6" long

200
3 KW Hydraulic Pack
Needs electrical repairs

201
6 Cylinder Detroit Diesel
Was bought several years ago as a working unit but never used it.

202
V-Belts
Various sizes and conditions

203
Parts for Mill
New Simonds saw bits, teeth/shoulder tools, grinder and more

208
Bearings, Sprockets, Hydraulic Motors etc.
.

204
Roller Chain
.

208A
New Bearings*

205
Replacement Fan For Dust Blower
.

209
Mellott Hydraulic Oil Reservoir
.

206
Chipper Parts
Knives, holders, anvils, set screws, and more

210A
Diesel Kleen Treatment*
.1-case, 24 pcs, 32oz treats a 1000 gal

207
Hydraulic Motors, Bearings, Sprockets and more
.

301
JRB Bucket
Model John Deere, 3 yard

210B
Hyd Pump*
W/Controls

210C
42" Stacking Sticks*
Air Flow, 1350 pcs

211
Debarker Parts
65 Misc. debarker teeth and bolts, babbit bars and melting ladle, 2 new head bearings

212
Pulleys
Various sizes

210
Assortment Of V-Belts.
.

213
6" Clipper Belt Lacer
No. 326327

214
Parts For Mill
New and used shanks, 3 1/2 boxes carbide bits, dressing stones, saw wrenches, grinder, 9 saw guide inserts

215
New and Used Roller Chain
.

215A
Cant Hooks*
.

215B
Iveco Filters*
2-Primary Air Filters 2-Secondary Air Filter, 2-Oil Filters

216
Chipper Parts
Knifes, anvils, bearings, etc.

217
Parts For Carriage
.

218
Cornell Edger Parts For Bull Gang Setup
.

300
2017 John Deere 544K-II High Lift
PIN 1DW544KHCGF677684, meter shows 4228 hours, joystick controls, heat and A/C, John Deere 6068 engine, JRB quick attach, does not include any attachments, has air ride control, tier 4 engine, HIGH LIFT all original and in excellent condition

300A
John Deere 544G Wheel Loader
PIN DW544GB542903, Enclosed Cab, pin on Grapple Forks, Shows 15,000 hrs, Grapple Forks included, John Deere Engine ser# SE6068T791827, Transmission ser#4WG-150 M10556 Will have tuneup by Auction time, Runs and operates

302
JRB Grapple
Model 544G, 44" forks.

302A
John Deere 550G Dozer*
Ser# NA, meter shows 16,000 hrs, Engine was Rebuilt at 10,000 hrs, Open Cab, Winch, 6-way blade, Rebuilt Winch Pump, New Radiator and Oil Cooler 1500 hrs ago, New Bearings in Transmission 500 hrs ago, Rebuilt Transmission pump, Replaced 1 Final Drive and New Bearings, (New Sprockets and Front Idlers , New Turbo, New Track Tension Rods & Seals, Rebuilt Water Pump all done in Dec 2020) Machine will need Track Chains replaced soon rest of Undercarriage is like new.

302B
Case 450C Dozer
Ser# JAK0012903, Open Cab, Winch, 16" Track, Long Track, 4 cylinder Cummins Engine, 6 way 7' blade,

303
2016 Bobcat T550 Skid Steer
Ser# AJZV16040, Enclosed Cab, Heat and Air, Shows 2240 hrs, 4 cylinder Diesel Engine, Does NOT include any Attachments, Will be Serviced before Auction, Runs and Operates, Nice Machine

304
2006 CAT 287B Skid Steer
4 cylinder diesel engine, shows 4500 hrs, approx 85 hp, joystick controls, new battery & cables, replaced all filters, Does NOT include any Attachments, needs new aux switch, needs undercarriage and tracks replaced, engine runs great.

305
48" Skid Steer Forks
Quick Attach

305A
42" Skid Steer Forks
Quick Attach, Good Condition

306
84" Skid Steer Bucket
Quick Attach

306A
92" Box Scraper for Skid Steer
Quick Attach,

307
73" Skid Steer Bucket
Quick Attach, Good Condition

309
Enviro Max Forwarder
Model MST 1500, Ser# 151886, shows 6577 hrs, W/ Hood Knuckleboom, Continuous swivel grapple, Open Cab, New oil cooler, Completely gone through this Unit, New Paint, Nice Machine!

309A
Grapple
Came off lot 309 Forwarder, needs new bearing, non continuous swivel,

309B
Terex Telehandler
Model TH636C, Ser# 057048, 6000 lbs Lift, Total Truck Weight 21080, Meter shows 719 hrs, 4wd, approx 95 hp, 36' reach, 4 cylinder John Deere Engine, has pump shut off for cold starts, Good working Condition

310
John Deere 540B Cable Skidder
PIN DW540B0504109, 1937 hrs on Rebuilt Engine and Transmission, New Hyd Pump, New Clutch, 4 New Wheel Bearings, Tire Size 23.1-26 John Deere 4045T engine, Does not include tire chains!, 7' blade, good working condition

311
Single Diamond Ice Pick Chains
23.1-26 tires

312
Set Bear Paw Skidder Chains
23.1-26 tires

312A
1990 Bayliner Fishing Boat
Model Trophy, Vin BYQB68FTB090, Trailer-Shoreliner, VIN N0VIN0200220578, 22.6' X 102 wide, Cabin, Fish Finder, 150 hp V6 2 cycle Yamaha Outboard Motor, 9.9 hp four stroke Evinrude Trolling Motor this Engine does Not have fuel tank, Has been Serviced by Professional, oil change, spark plugs, both motors run. Ready for the Water. Trailer has lost title owner has applied for new one should have it by end of month.

313
Frick 4 HB Handset Carriage
14' Carriage No1, hyd controls, 44' Track and Frame, Track is 34 1/2" center to center, includes drive, Air dogs, self receding, 1st of an Entirety, Lots 313-316 318-319, 322-325, 327 will be sold off site. Located at 1106 Clymer Hill Rd, Clymer, NY 14724. A few Miles from Auction site. Seller has a agreed to remove and load these Items free of charge. Seller will Require 2 weeks from day of auction to remove equipment.

314
56" Frick Husk
Includes 56" blade, 48" off bearing belt, " overall Frame W/ 10' 2 1/2" dia shaft, includes Pulleys

315
8" Mud Saw
Hyd Drive

316
Hyd Feed
Includes all hoses, also everything on hyd tank going to and from equipment.

317
Entirety Lot 313-316
With 10% raise

317A
56" Circle Blade
Very Good Condition

318
Miner Edger
4" X 42", Ser# PBB711, No drive, Line shaft ready, 96" infeed, 96" outfeed, 2-blade one movable, includes hyd infeed drive,

318A
Lumberline Lasers
2-110 volt model L-10

319
John Deere Diesel Power Unit
6414T, 140 hp, meter shows 2500 hrs, Completely Rebuilt 2 yrs ago, Doesn't use oil, Runs Good,

319A
2008 Baker 3638G Portable Sawmill
Ser# , 3 cylinder Deutz Diesel Air Cooled Engine, 34 hp, hrs unknown, Fully Hyd, Hyd Log Loader, debarker, 28" band wheels, meter shows 9500 hrs on machine, handles Logs up 36" dia, Cuts Logs up to 20' 6" , 2" ball coupler, Good working Condition

333

319B
Automatic Slab Cutoff Saw
Brand New Shop Built ( By County Line Fabrication) Heavy Duty, Built for 30" Blade, Blade is Not included, 8' Live Infeed, Fully Enclosed Dust System, 6" Dust Port, No Drive, Quality Built Machine

320
Morgan Resaw
6"X 8" high, Kohler Magnum 20 Engine

321
RotoFlow Chip Screen
6' x 6' all new bearings and new rocker arms, this screen is in good condition. (better then it looks) 

322
Belt Conveyor
24" X 20' long 30" adjustable legs, includes hyd drive

323
Hyd Tank
23" X 48" X 27" high, No hoses included.

324
20" Cornell Blower
No drive

325
12" Cornell Blower
Model A13-BLO, Ser# 002-8-001, No Drive

326
24" Phelps Blower
Model 25ks, Ser# 119153, No drive

327
Dust Pipe
Approx 125' of 6" pvc dust pipe Approx 125' of 8" pvc dust pipe

328
Belt Conveyor
18" X 25' long, W/ hyd motor, on a incline, good condition

329
24" Yates Planer
Yates 151, Hyd Drive, 3-knife, includes pto drive, dust hood, some small accessories, Good Working Condition

330
60" Swisher Fast Finish Mower
Pull behind adjustable hitch, Power Built 500cc 14.5 gas Engine, Air Tires, Like new condition, very low hrs

331
48" Beloit-Passavant Chipper
Model 1048-20-D, Ser# 50325-01, 6-knife, No Drive

332
28" Edger
Shop Built Smicksburg, 2-blade one movable, infeed and outfeed, No Drive

333
Log Turner
Chain type, hyd drive

334
Mellot Log Turner
Chain Type, Hyd drive

335
Mellot Log Deck
10' X 16' , 3-strand log deck w/ 4' 3-strand incline extension, Stop & Load, Hyd drive, Tulsa Gear Drive, H-78 chain , Good Condition

336
Live Roll Case
24" X 47' , Rollers are 7" X 24" , Heavy Duty, 1 1/2 hp electric drive, Good working Condition

337
Patz Barn Sweep
Chain is approx 125'-150' long , chain is very good condition

338
Mellot Hyd Tank
Approx 30 gal, comes w/ pump & hoses

339
Irvington Moore Grading Line*
.

340
Skate Roller*
23" X 94" X 42", Rollers 1.25 X 21.5, 30" on center

341