Fayette Forest Products
Listing ID#: 421912

Sale Location

Scottdale, PA 15683
Sale Dates and TimesSALE IS COMPLETED
Saturday Aug 21, 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
No minimums, no reserves! Liquidation of Fayette Forest Products Sawmill division and accepting consignments. Early listings include, Helle mill, chipper, Timberjack skidders, Tri-axle dump truck, International sleeper truck, and much more. Live, phone, and online bidding available. Call Myron @ 574.229.4341 to consign your equipment for free marketing.

109
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding

110
Precision Rosserhead Debarker
30 HP motor on head, includes open cab and controls

111
Concave Waste Conveyor Under Debarker
24" belt, 65' long, electric drive

112
3 Strand Log Deck
10' x 21' 6", hydraulic drive

113
Helle 3 HB Carriage
Serial # RH-3H48-5A47-H9-VDFO-L-489-R, 50" x 13' carriage, electric over hydraulic, includes cab and controls, 1st lot of an entirety

114
Track, Feed, and Drive
Serial # 50HB-1303-14W-31-23-15M5-PO-89, 47 1/2" center to center, 60' track

115
Husk and Top Saw
56" husk, 42" topsaw, 30 HP electric motor on top saw, off bearer belt is hydraulic drive, includes hydraulic pack, no drive on husk

116
Lincoln Electric Motor
125 HP, 445-U frame, 1770 RPM, was used to run husk

117
Entirety Lot 113-116
With 10% raise

117A
56" Circle Saw
.

117B
* 56" Circle Saw
No teeth

118
3 Strand Log Deck with Stop and Load
10' x 20' x 68" high, hydraulic drive

119
36" Chain Turner
Hydraulic drive

120
Helle Vertical Edger
22" blades, 2 moveable blades, 40 HP electric motor

121
Drop Belt
36" x 14' x 54" high, 24" belt, hydraulic drive

122
Roll Case
33" x 30' x 54" high, 5 1/2" x 24" rolls, 25" roll spacing, 1 1/4" shaft, has 5 spiral rolls, electric drive

123
3 Strand Transfer Deck
8' x 8' 8" x 43" high, hydraulic drive

124
Skate Roller
18" x 14' x 46" high, 18" roll spacing, 3" x 16 1/2" rolls

125
Helle Trim Saw
16' capacity, 22" blades, electric motors on heads, hydraulic motor on chain, has waste conveyor that is hydraulic drive, includes hydraulic pack

126
3 Strand Green Chain
9' x 25' x 32" high, electric drive

127
Twistair Compressor
Model TA-030TAN2C, serial # 139711, max pressure 125, 30 HP electric motor, mounted on horizontal tank, condition unknown

128
Emglo Compressor on Horizontal Tank
Model R, serial # 021898056, 5 HP, 3 phase motor

129
Manual Chop Saw
30" blade, 8' infeed, 13' outfeed, 10 HP electric motor

130
48" Precision Chipper
Model 48-11, serial # C-221, 6 knife, no drive, 1st lot of an entirety

131
Lincoln Electric Motor
125 HP, 445-U frame

132
48" Fulghum Cyclone
.

133
Fulghum Chip Screen
Model 5' x 5', serial # FI-R-470, 2" screen

134
24" Fulghum 2 Van Chip Blower
25 HP electric motor

135
24" Dust Blower
Electric motor

136
Entirety Lot 130-135
With 10% raise

137
Webster Vibrating Conveyor
29" x 76', 18" pan, 10" sides, infeed chute to chipper, 22" high, electric drive

138
Waster Conveyor coming from Trim Saw
30" x 15' 6", 17" pan, 7" sides, electric drive

139
Newman G-20 Chipper Knife Sharpener
5 HP, 3 phase motor

140
All Electrical in Building
Does not include any shutoffs for a specific machine or the two main shutoffs

141
Hobart Titan 7000 Welder/Generator
Kohler engine, works

141A
250KW Cat Generator
Model 3306B, Ser# 85Z09698, 339 hp, approx 17,000 hrs, Runs Good

141B
30 KW Kohler Generator
Model 30R0ZP71, Ser# 608190, 4 Cylinder Perkins Engine, meter shows 1399 hrs, has the built in fuel tank, Runs Good

142
Wessels Air Compressor
25 hp electric drive, Condition unknown

143
20" Reckart Blower
15 hp electric drive

144
125 hp Electric Motor
Frame 444T, 1770 rpm, was on the blow hog

145
60" Saw Blade
F Style

146
56" Saw Blade
Good Condition

147
56" Saw Blade
Good Condition

148
56" Saw Blade
Good Condition

149
56" Saw Blade
Good Condition

150
20" Edger Blades
19 pcs, Carbide, Good Condition

150A
20" Edger Blades
19 pcs, carbide, Good Condition

150B
2 Hyd. Valve Banks
One was used for a log turner and the other for a live deck

150C
Edger blades
9 total

150D
Chop saw blades
4 total

150E
Top saw blades
32" , 2 total

151
3-Strand Transfer Deck
89" X 14' X 36" high, electric drive, Good Condition

152
Brewer Board Stacker
Golden Eagle Model B-Series, Ser# 102502, W/ control Box, Electrical Box, 48" x 12'X 74" Overall

153
Keystone Board Stacker
Model 9200, Ser# NSGSC3575038, Hyd drive, needs work

154
Truss Plater
Shop Built, Air Operated, 800 plus 3"x 4" new plates included

155
Kohler Diesel
Model KDW702, Ser# 4404100790, Electric Start, Needs Work

156
Electric Motor
15 hp, 3 phase, Good Condition

156A
Twin City Fan & Blower
18" inlet ,

157
Cat Claw Sharpner
Hyd Drive

158
Cat Claw Tooth Setter
Dual Tooth, Good Condition

159
Wood Mizer Pallet Hawg
Model PD200G19-S, Ser# 10180339, W/ Kohler Command Pro Engine, 19 hp, Extra Blades included, Table is 48" X 60", 55" X 123" overall, Very Good Condition Low Hrs.

160
Lewco Roll Case
48" X 20', No Legs, Good Condition

161
Lewco Roll Case
60" X 25', No Legs, Good Condition

162
Belt Conveyor
8"X 98", 6" belt, Hyd Motor, Good Condition

163
Belt Conveyor
8.5" X 206", 6" Belt, No drive

164
Pallet Board Trim Saw
electric drive, 14" blade, 46" X 128" overall, Good Condition

165
Kent Block Saw
3.5" X 5.5" Cap. , 15 hp electric drive, 3 phase, 14" blade, 6" Dust Port, W/ 9' Belt Conveyor outfeed, Good Condition

166
Baker Single Head Notcher
Model BN-O, Ser# 17-624, 9" wide cutter head, Hyd drive, includes Hyd Tank, 12" Dust Port, Replacement Profile Blades New & used, has indexable teeth, Very Good Machine Low Hrs!

167
Single Head Baker Bantam Notcher
Model BN-O, Ser# 17-591, 390 GX Honda Gas Engine, Very Good Machine Low Hrs

168
Parts for Lot 166
electric Motors, 10 hp, 15 hp, shield, etc

169
Tracks and Rollers For D5
.

170
Montgomery Blow Hog
18" , 54" blower, Hopper included

170A
Montgomery Blow Hog
18", 12" X 15' Dust Pipe, needs work

170B
125 hp Electric Motor
Was used for lot 170A

171
Manual Slab Saw
9' infeed outfeed, 30 hp Electric drive, 30" Blade, Good Working Condition

500

172
Live Roll Case
30" X 11' X 39" high, 5.5" X 24" Rollers, Electric drive, Good condition

173
Live Roll Case
32" X 12' X 32" high, 5.5 X 24" Rollers, no drive, Good condition

174
Live Roll Case
34" X 270" X 37" high, 5.5" X 24" Rollers, No Drive, Good Condition

175
Williamsport Planer
8" X 24" , Shop No 10376, Line Shaft Ready

176
Belt Conveyor
18" X 32', electric drive 110 volt,

177
* Banding cart and tools
3/4 inch steel banding

178
* 30 inch chopsaw blade
30 inch chopsaw blade, 1 1/4” arbor, brand new

179
* 22 inch blades
Total of two brand new, 2 3/8” inch arbor

180
* Wire rack filled with filters

181
* Dayton hydraulic hose crimper
Includes bins with hydraulic fittings

182
* Skid of electrical

183
* 110 V laser

183A
* 3/4 inch banding and clips

184
* Saw grinder

185
* Chipper knives

186
* Jackie grinder parts

187
* Teeth/shoulder tools

188
* Saw grinder

189
* Jockey grinder with Milwaukee drill
Includes grinding wheels

190
* Air compressor with gas engine
Hasn’t run for a few years

191
* 20 hp hydraulic pack

192
* Equalizer steam cleaner
Condition unknown

193
* Edge-rite shadow line

194
* Electrical boxes and transformers

195
* Electric motor
Tag is missing

195A
* 15 hp electric motor

195B
* Skid of electric motors

195C
* Cart for torch set

195D
* Banding cart and tools
58 inch plastic banding, includes clips

195E
* Storage box and contents
Air impacts

195F
* Air compressor
No motor, approximately 120 gallon horizontal tank

195G
* Debarker head, electric motor, gearbox

195H
* Cylinder and shields
Cylinder and shields

195I
* Skid of valves and miscellaneous parts
Skid of valves and miscellaneous parts

195J
* Storage box and contents

195K
* Skid of chain, casters, etc.

195L
* Skid of belt and chain

195M
* Hoses, belts, cylinders etc.

195N
* Alemite pump and various parts

195O
* Skid of tarps

195P
* Skid of bearings and sprockets

195Q
* Skid of chain and links

195R
* Skid of hydraulic hoses and belts

195S
* Seven barrels of Grease
Some are almost empty

195T
* Skid of air and hydraulic cylinders

195U
* Skid of chain binders

195V
* Chipper parts

196
* Skate rolls
24“ x 48“, welded to frame

197
* Skate rolls
22“ x 10‘ 10“ x 34“ high

198
* Skate rolls
19“ x 15‘, 28 inches high

199
* Skate rolls
Two pieces, 20“ x 54“ welded to frame

200
New Holland LW130TC Wheel Loader
Meter reads 9673 hrs. Iveco engine, has 3rd valve, quick attach, does not include any attachments, has some rust but in good working condition

200A
Kawasaki 60Z Wheel Loader
Serial # 6001-0180, Cummins engine, JRB quick attach, does not have 3rd valve, meter reads 14,647 hrs. New Tires within the last two years, Rebuilt Radiator since listing, good working condition, does not include any attachments

200B
Loader Forks
Fits JRB Quick Attach, Fits lot 200A, Good Condition

201
Rockland Grapple
Quick attach, fits the New Holland

202
Loader Bucket
Quick attach, fits the New Holland

203
Hyster 60 ForkLift
Model H60FT, Ser# L177B08187D, 4 cylinder Gas Engine, 3-Stage, Side Shift, Tilt, meter shows 16,854 hrs, Lift Cap. 5650 lbs, Truck Weight 10,370 lbs, Duramatch Transmission, 43 1/2" Wide Mast, 27" Front Wheels, 42" Forks, Very Good Tires, Good Working Machine.

204
Hyster H60XM Forklift
Serial # H177B52053B, 3 stage mast, side shift, 44" forks, 5600 lb. lift, GM-3.0L gas engine, good working condition

205
Hyster 65 ForkLift
Model H65XM, Ser# D177B29515T, 4 cylinder Gas Engine, 2-Stage, Side Shift, Tilt, Lift Cap. 5800 lbs, Truck Weight 10,444 lbs, 19,619 hrs, 43" Mast, 42" Forks

205A
Hyster 50 ForkLift
Model H50XM, Ser# D177B03902P, Hyster 4 cylinder Gas Engine, 3-Stage, Tilt, Side Shift, hrs Unknown, 5000lbs Lift, 43" wide Mast, 42" Forks

205B
Hyster 50 ForkLift
Model S50XL, Ser# A187V07345H, Hyster 4 cylinder LP Gas Engine, Meter shows 1745 hrs, 3-Stage, Side Shift, Tilt, Lift Cap. 4500 lbs, truck weight 8600 lbs, 39 1/2" wide Mast, 42" Forks,

206
TimberJack 460D Grapple Skidder
Completely rebuilt John Deere engine, has winch, meter reads 8755 hrs. good working condition

207
TimberJack 460 Skidder
Ser# 985419, Completely Rebuilt Engine has 1 hour on it, Winch, Ser# T0WM512M01801, Runs Good works like it should.

208
1999 International 9300 Truck, VIN # 2HSFBASR4XC079169
Year: 1999
Make: International
Model: 9300
Vehicle Type: Truck
Mileage: 894,820
Plate:
Body Type:
Trim Level:
Drive Line: 6x4
Engine Type: Cat 3406, L6, 14.6L (893 CID)
Fuel Type: Diesel
Horsepower:
Transmission: 13 speed manual, Eaton Fuller
VIN #: 2HSFBASR4XC079169

Features and Notes: Dual wet line, major overhaul on engine 198,000 miles ago, very good condition

208A
1990 L9000 Ford Log Truck
Vin 1FDYW90W4LVA36819, 300 Cummins Diesel Engine, Meter Shows 497210 miles, 8 speed Transmission, Double Frame, Locking Rears, New Paint, bunk is 8' x 17' , overall is 8' x 21' , 

209
1985 Western Star 4900 Dump Truck, VIN # 2WKPDCJG4FK912137
Year: 1985
Make: Western Star Trucks
Model: 4900
Vehicle Type: Truck
Mileage: 140,159
Plate:
Body Type: Tri-axle dump truck
Trim Level:
Drive Line: 6x4
Engine Type: Cummins L6, 14.0L (855 CID)
Fuel Type: Diesel
Horsepower: 375-424HP
Transmission: 10 speed manual, Eaton Fuller
VIN #: 2WKPDCJG4FK912137

Features and Notes: GVWR 50,000 lb. has Roll-Rite tarp system, Title is coming, seller has been promised the title by a bank and will work with the buyer to get it into the buyer’s hands. Auction company will provide buyer with seller’s contact info to obtain title. Truck starts and runs well. Dump works fine. Should have new tires before it travels any significant distance. Windshield wipers missing.

210
1996 Ford F-350 Pickup Truck, VIN # 1FDJF37F7TEA75814
Year: 1996
Make: Ford
Model: F-350
Vehicle Type: Pickup Truck
Mileage: 222,019
Plate:
Body Type: 2 Door Cab; Regular
Trim Level: XL; XLT
Drive Line: RWD
Engine Type: V8, 7.3L; OHV 16V; Turbo
Fuel Type: Diesel
Horsepower: 215-235HP
Transmission: 6 speed manual
VIN #: 1FDJF37F7TEA75814

Features and Notes: Good working truck, Doering fiberglass service body, has title

220
2001 Ferree LT-35D Lowboy Trailer
VIN 4F7TL022X1AO18434, 108" wide, GVWR 82,200, 46' overall, 20' deck, 10' rise over wheels, 4' dovetail, 8' hydraulic powered ramps, has a 12 volt self contained hydraulic unit for ramps, has title and is road ready

Gallery

221
Dump Trailer
96" x 26' long, 60" sides, brand new American made “Mousetrap” tarp system that is automatic, has title and is road ready

222
Ravens Flatbed Trailer
96" wide x 42' long, has title and is road ready

223
Utility Closed Top Chip Trailer
102" wide x 45' long, 102" inside wall height, aluminum floor, has title and is road ready

224
Fruehauf Closed Top Chip Trailer
102" x 45', 112" inside wall height, wooden floor, has title and is road ready

225
Evans 3 Bunk Log Trailer
40', has title and is road ready
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Other Sales by
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Oct 1
Middlebury, IN

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Fayette Forest Products

Bright Star Realty and Auctions, INC

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone:
Sale Location
422 Dexter Rd
Scottdale, PA 15683
Sale Dates and Times
Saturday Aug 21, 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
No minimums, no reserves! Liquidation of Fayette Forest Products Sawmill division and accepting consignments. Early listings include, Helle mill, chipper, Timberjack skidders, Tri-axle dump truck, International sleeper truck, and much more. Live, phone, and online bidding available. Call Myron @ 574.229.4341 to consign your equipment for free marketing.

109
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding

110
Precision Rosserhead Debarker
30 HP motor on head, includes open cab and controls

111
Concave Waste Conveyor Under Debarker
24" belt, 65' long, electric drive

112
3 Strand Log Deck
10' x 21' 6", hydraulic drive

113
Helle 3 HB Carriage
Serial # RH-3H48-5A47-H9-VDFO-L-489-R, 50" x 13' carriage, electric over hydraulic, includes cab and controls, 1st lot of an entirety

114
Track, Feed, and Drive
Serial # 50HB-1303-14W-31-23-15M5-PO-89, 47 1/2" center to center, 60' track

115
Husk and Top Saw
56" husk, 42" topsaw, 30 HP electric motor on top saw, off bearer belt is hydraulic drive, includes hydraulic pack, no drive on husk

116
Lincoln Electric Motor
125 HP, 445-U frame, 1770 RPM, was used to run husk

117
Entirety Lot 113-116
With 10% raise

117A
56" Circle Saw
.

117B
* 56" Circle Saw
No teeth

118
3 Strand Log Deck with Stop and Load
10' x 20' x 68" high, hydraulic drive

119
36" Chain Turner
Hydraulic drive

120
Helle Vertical Edger
22" blades, 2 moveable blades, 40 HP electric motor

121
Drop Belt
36" x 14' x 54" high, 24" belt, hydraulic drive

122
Roll Case
33" x 30' x 54" high, 5 1/2" x 24" rolls, 25" roll spacing, 1 1/4" shaft, has 5 spiral rolls, electric drive

123
3 Strand Transfer Deck
8' x 8' 8" x 43" high, hydraulic drive

124
Skate Roller
18" x 14' x 46" high, 18" roll spacing, 3" x 16 1/2" rolls

125
Helle Trim Saw
16' capacity, 22" blades, electric motors on heads, hydraulic motor on chain, has waste conveyor that is hydraulic drive, includes hydraulic pack

126
3 Strand Green Chain
9' x 25' x 32" high, electric drive

127
Twistair Compressor
Model TA-030TAN2C, serial # 139711, max pressure 125, 30 HP electric motor, mounted on horizontal tank, condition unknown

128
Emglo Compressor on Horizontal Tank
Model R, serial # 021898056, 5 HP, 3 phase motor

129
Manual Chop Saw
30" blade, 8' infeed, 13' outfeed, 10 HP electric motor

130
48" Precision Chipper
Model 48-11, serial # C-221, 6 knife, no drive, 1st lot of an entirety

131
Lincoln Electric Motor
125 HP, 445-U frame

132
48" Fulghum Cyclone
.

133
Fulghum Chip Screen
Model 5' x 5', serial # FI-R-470, 2" screen

134
24" Fulghum 2 Van Chip Blower
25 HP electric motor

135
24" Dust Blower
Electric motor

136
Entirety Lot 130-135
With 10% raise

137
Webster Vibrating Conveyor
29" x 76', 18" pan, 10" sides, infeed chute to chipper, 22" high, electric drive

138
Waster Conveyor coming from Trim Saw
30" x 15' 6", 17" pan, 7" sides, electric drive

139
Newman G-20 Chipper Knife Sharpener
5 HP, 3 phase motor

140
All Electrical in Building
Does not include any shutoffs for a specific machine or the two main shutoffs

141
Hobart Titan 7000 Welder/Generator
Kohler engine, works

141A
250KW Cat Generator
Model 3306B, Ser# 85Z09698, 339 hp, approx 17,000 hrs, Runs Good

141B
30 KW Kohler Generator
Model 30R0ZP71, Ser# 608190, 4 Cylinder Perkins Engine, meter shows 1399 hrs, has the built in fuel tank, Runs Good

142
Wessels Air Compressor
25 hp electric drive, Condition unknown

143
20" Reckart Blower
15 hp electric drive

144
125 hp Electric Motor
Frame 444T, 1770 rpm, was on the blow hog

145
60" Saw Blade
F Style

146
56" Saw Blade
Good Condition

147
56" Saw Blade
Good Condition

148
56" Saw Blade
Good Condition

149
56" Saw Blade
Good Condition

150
20" Edger Blades
19 pcs, Carbide, Good Condition

150A
20" Edger Blades
19 pcs, carbide, Good Condition

150B
2 Hyd. Valve Banks
One was used for a log turner and the other for a live deck

150C
Edger blades
9 total

150D
Chop saw blades
4 total

150E
Top saw blades
32" , 2 total

151
3-Strand Transfer Deck
89" X 14' X 36" high, electric drive, Good Condition

152
Brewer Board Stacker
Golden Eagle Model B-Series, Ser# 102502, W/ control Box, Electrical Box, 48" x 12'X 74" Overall

153
Keystone Board Stacker
Model 9200, Ser# NSGSC3575038, Hyd drive, needs work

154
Truss Plater
Shop Built, Air Operated, 800 plus 3"x 4" new plates included

155
Kohler Diesel
Model KDW702, Ser# 4404100790, Electric Start, Needs Work

156
Electric Motor
15 hp, 3 phase, Good Condition

156A
Twin City Fan & Blower
18" inlet ,

157
Cat Claw Sharpner
Hyd Drive

158
Cat Claw Tooth Setter
Dual Tooth, Good Condition

159
Wood Mizer Pallet Hawg
Model PD200G19-S, Ser# 10180339, W/ Kohler Command Pro Engine, 19 hp, Extra Blades included, Table is 48" X 60", 55" X 123" overall, Very Good Condition Low Hrs.

160
Lewco Roll Case
48" X 20', No Legs, Good Condition

161
Lewco Roll Case
60" X 25', No Legs, Good Condition

162
Belt Conveyor
8"X 98", 6" belt, Hyd Motor, Good Condition

163
Belt Conveyor
8.5" X 206", 6" Belt, No drive

164
Pallet Board Trim Saw
electric drive, 14" blade, 46" X 128" overall, Good Condition

165
Kent Block Saw
3.5" X 5.5" Cap. , 15 hp electric drive, 3 phase, 14" blade, 6" Dust Port, W/ 9' Belt Conveyor outfeed, Good Condition

166
Baker Single Head Notcher
Model BN-O, Ser# 17-624, 9" wide cutter head, Hyd drive, includes Hyd Tank, 12" Dust Port, Replacement Profile Blades New & used, has indexable teeth, Very Good Machine Low Hrs!

167
Single Head Baker Bantam Notcher
Model BN-O, Ser# 17-591, 390 GX Honda Gas Engine, Very Good Machine Low Hrs

168
Parts for Lot 166
electric Motors, 10 hp, 15 hp, shield, etc

169
Tracks and Rollers For D5
.

170
Montgomery Blow Hog
18" , 54" blower, Hopper included

170A
Montgomery Blow Hog
18", 12" X 15' Dust Pipe, needs work

170B
125 hp Electric Motor
Was used for lot 170A

171
Manual Slab Saw
9' infeed outfeed, 30 hp Electric drive, 30" Blade, Good Working Condition

500

172
Live Roll Case
30" X 11' X 39" high, 5.5" X 24" Rollers, Electric drive, Good condition

173
Live Roll Case
32" X 12' X 32" high, 5.5 X 24" Rollers, no drive, Good condition

174
Live Roll Case
34" X 270" X 37" high, 5.5" X 24" Rollers, No Drive, Good Condition

175
Williamsport Planer
8" X 24" , Shop No 10376, Line Shaft Ready

176
Belt Conveyor
18" X 32', electric drive 110 volt,

177
* Banding cart and tools
3/4 inch steel banding

178
* 30 inch chopsaw blade
30 inch chopsaw blade, 1 1/4” arbor, brand new

179
* 22 inch blades
Total of two brand new, 2 3/8” inch arbor

180
* Wire rack filled with filters

181
* Dayton hydraulic hose crimper
Includes bins with hydraulic fittings

182
* Skid of electrical

183
* 110 V laser

183A
* 3/4 inch banding and clips

184
* Saw grinder

185
* Chipper knives

186
* Jackie grinder parts

187
* Teeth/shoulder tools

188
* Saw grinder

189
* Jockey grinder with Milwaukee drill
Includes grinding wheels

190
* Air compressor with gas engine
Hasn’t run for a few years

191
* 20 hp hydraulic pack

192
* Equalizer steam cleaner
Condition unknown

193
* Edge-rite shadow line

194
* Electrical boxes and transformers

195
* Electric motor
Tag is missing

195A
* 15 hp electric motor

195B
* Skid of electric motors

195C
* Cart for torch set

195D
* Banding cart and tools
58 inch plastic banding, includes clips

195E
* Storage box and contents
Air impacts

195F
* Air compressor
No motor, approximately 120 gallon horizontal tank

195G
* Debarker head, electric motor, gearbox

195H
* Cylinder and shields
Cylinder and shields

195I
* Skid of valves and miscellaneous parts
Skid of valves and miscellaneous parts

195J
* Storage box and contents

195K
* Skid of chain, casters, etc.

195L
* Skid of belt and chain

195M
* Hoses, belts, cylinders etc.

195N
* Alemite pump and various parts

195O
* Skid of tarps

195P
* Skid of bearings and sprockets

195Q
* Skid of chain and links

195R
* Skid of hydraulic hoses and belts

195S
* Seven barrels of Grease
Some are almost empty

195T
* Skid of air and hydraulic cylinders

195U
* Skid of chain binders

195V
* Chipper parts

196
* Skate rolls
24“ x 48“, welded to frame

197
* Skate rolls
22“ x 10‘ 10“ x 34“ high

198
* Skate rolls
19“ x 15‘, 28 inches high

199
* Skate rolls
Two pieces, 20“ x 54“ welded to frame

200
New Holland LW130TC Wheel Loader
Meter reads 9673 hrs. Iveco engine, has 3rd valve, quick attach, does not include any attachments, has some rust but in good working condition

200A
Kawasaki 60Z Wheel Loader
Serial # 6001-0180, Cummins engine, JRB quick attach, does not have 3rd valve, meter reads 14,647 hrs. New Tires within the last two years, Rebuilt Radiator since listing, good working condition, does not include any attachments

200B
Loader Forks
Fits JRB Quick Attach, Fits lot 200A, Good Condition

201
Rockland Grapple
Quick attach, fits the New Holland

202
Loader Bucket
Quick attach, fits the New Holland

203
Hyster 60 ForkLift
Model H60FT, Ser# L177B08187D, 4 cylinder Gas Engine, 3-Stage, Side Shift, Tilt, meter shows 16,854 hrs, Lift Cap. 5650 lbs, Truck Weight 10,370 lbs, Duramatch Transmission, 43 1/2" Wide Mast, 27" Front Wheels, 42" Forks, Very Good Tires, Good Working Machine.

204
Hyster H60XM Forklift
Serial # H177B52053B, 3 stage mast, side shift, 44" forks, 5600 lb. lift, GM-3.0L gas engine, good working condition

205
Hyster 65 ForkLift
Model H65XM, Ser# D177B29515T, 4 cylinder Gas Engine, 2-Stage, Side Shift, Tilt, Lift Cap. 5800 lbs, Truck Weight 10,444 lbs, 19,619 hrs, 43" Mast, 42" Forks

205A
Hyster 50 ForkLift
Model H50XM, Ser# D177B03902P, Hyster 4 cylinder Gas Engine, 3-Stage, Tilt, Side Shift, hrs Unknown, 5000lbs Lift, 43" wide Mast, 42" Forks

205B
Hyster 50 ForkLift
Model S50XL, Ser# A187V07345H, Hyster 4 cylinder LP Gas Engine, Meter shows 1745 hrs, 3-Stage, Side Shift, Tilt, Lift Cap. 4500 lbs, truck weight 8600 lbs, 39 1/2" wide Mast, 42" Forks,

206
TimberJack 460D Grapple Skidder
Completely rebuilt John Deere engine, has winch, meter reads 8755 hrs. good working condition

207
TimberJack 460 Skidder
Ser# 985419, Completely Rebuilt Engine has 1 hour on it, Winch, Ser# T0WM512M01801, Runs Good works like it should.

208
1999 International 9300 Truck, VIN # 2HSFBASR4XC079169
Year: 1999
Make: International
Model: 9300
Vehicle Type: Truck
Mileage: 894,820
Plate:
Body Type:
Trim Level:
Drive Line: 6x4
Engine Type: Cat 3406, L6, 14.6L (893 CID)
Fuel Type: Diesel
Horsepower:
Transmission: 13 speed manual, Eaton Fuller
VIN #: 2HSFBASR4XC079169

Features and Notes: Dual wet line, major overhaul on engine 198,000 miles ago, very good condition

208A
1990 L9000 Ford Log Truck
Vin 1FDYW90W4LVA36819, 300 Cummins Diesel Engine, Meter Shows 497210 miles, 8 speed Transmission, Double Frame, Locking Rears, New Paint, bunk is 8' x 17' , overall is 8' x 21' , 

209
1985 Western Star 4900 Dump Truck, VIN # 2WKPDCJG4FK912137
Year: 1985
Make: Western Star Trucks
Model: 4900
Vehicle Type: Truck
Mileage: 140,159
Plate:
Body Type: Tri-axle dump truck
Trim Level:
Drive Line: 6x4
Engine Type: Cummins L6, 14.0L (855 CID)
Fuel Type: Diesel
Horsepower: 375-424HP
Transmission: 10 speed manual, Eaton Fuller
VIN #: 2WKPDCJG4FK912137

Features and Notes: GVWR 50,000 lb. has Roll-Rite tarp system, Title is coming, seller has been promised the title by a bank and will work with the buyer to get it into the buyer’s hands. Auction company will provide buyer with seller’s contact info to obtain title. Truck starts and runs well. Dump works fine. Should have new tires before it travels any significant distance. Windshield wipers missing.

210
1996 Ford F-350 Pickup Truck, VIN # 1FDJF37F7TEA75814
Year: 1996
Make: Ford
Model: F-350
Vehicle Type: Pickup Truck
Mileage: 222,019
Plate:
Body Type: 2 Door Cab; Regular
Trim Level: XL; XLT
Drive Line: RWD
Engine Type: V8, 7.3L; OHV 16V; Turbo
Fuel Type: Diesel
Horsepower: 215-235HP
Transmission: 6 speed manual
VIN #: 1FDJF37F7TEA75814

Features and Notes: Good working truck, Doering fiberglass service body, has title

220
2001 Ferree LT-35D Lowboy Trailer
VIN 4F7TL022X1AO18434, 108" wide, GVWR 82,200, 46' overall, 20' deck, 10' rise over wheels, 4' dovetail, 8' hydraulic powered ramps, has a 12 volt self contained hydraulic unit for ramps, has title and is road ready

Gallery

221
Dump Trailer
96" x 26' long, 60" sides, brand new American made “Mousetrap” tarp system that is automatic, has title and is road ready

222
Ravens Flatbed Trailer
96" wide x 42' long, has title and is road ready

223
Utility Closed Top Chip Trailer
102" wide x 45' long, 102" inside wall height, aluminum floor, has title and is road ready

224
Fruehauf Closed Top Chip Trailer
102" x 45', 112" inside wall height, wooden floor, has title and is road ready

225
Evans 3 Bunk Log Trailer
40', has title and is road ready
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Fayette Forest Products
 Live Auction
 
Sale Date(s)
Saturday Aug 21, 2021 Completed
Sale Location

Scottdale, PA 15683
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.

 
No minimums, no reserves! Liquidation of Fayette Forest Products Sawmill division and accepting consignments. Early listings include, Helle mill, chipper, Timberjack skidders, Tri-axle dump truck, International sleeper truck, and much more. Live, phone, and online bidding available. Call Myron @ 574.229.4341 to consign your equipment for free marketing.

109
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding

110
Precision Rosserhead Debarker
30 HP motor on head, includes open cab and controls

111
Concave Waste Conveyor Under Debarker
24" belt, 65' long, electric drive

112
3 Strand Log Deck
10' x 21' 6", hydraulic drive

113
Helle 3 HB Carriage
Serial # RH-3H48-5A47-H9-VDFO-L-489-R, 50" x 13' carriage, electric over hydraulic, includes cab and controls, 1st lot of an entirety

114
Track, Feed, and Drive
Serial # 50HB-1303-14W-31-23-15M5-PO-89, 47 1/2" center to center, 60' track

115
Husk and Top Saw
56" husk, 42" topsaw, 30 HP electric motor on top saw, off bearer belt is hydraulic drive, includes hydraulic pack, no drive on husk

116
Lincoln Electric Motor
125 HP, 445-U frame, 1770 RPM, was used to run husk

117
Entirety Lot 113-116
With 10% raise

117A
56" Circle Saw
.

117B
* 56" Circle Saw
No teeth

118
3 Strand Log Deck with Stop and Load
10' x 20' x 68" high, hydraulic drive

119
36" Chain Turner
Hydraulic drive

120
Helle Vertical Edger
22" blades, 2 moveable blades, 40 HP electric motor

121
Drop Belt
36" x 14' x 54" high, 24" belt, hydraulic drive

122
Roll Case
33" x 30' x 54" high, 5 1/2" x 24" rolls, 25" roll spacing, 1 1/4" shaft, has 5 spiral rolls, electric drive

123
3 Strand Transfer Deck
8' x 8' 8" x 43" high, hydraulic drive

124
Skate Roller
18" x 14' x 46" high, 18" roll spacing, 3" x 16 1/2" rolls

125
Helle Trim Saw
16' capacity, 22" blades, electric motors on heads, hydraulic motor on chain, has waste conveyor that is hydraulic drive, includes hydraulic pack

126
3 Strand Green Chain
9' x 25' x 32" high, electric drive

127
Twistair Compressor
Model TA-030TAN2C, serial # 139711, max pressure 125, 30 HP electric motor, mounted on horizontal tank, condition unknown

128
Emglo Compressor on Horizontal Tank
Model R, serial # 021898056, 5 HP, 3 phase motor

129
Manual Chop Saw
30" blade, 8' infeed, 13' outfeed, 10 HP electric motor

130
48" Precision Chipper
Model 48-11, serial # C-221, 6 knife, no drive, 1st lot of an entirety

131
Lincoln Electric Motor
125 HP, 445-U frame

132
48" Fulghum Cyclone
.

133
Fulghum Chip Screen
Model 5' x 5', serial # FI-R-470, 2" screen

134
24" Fulghum 2 Van Chip Blower
25 HP electric motor

135
24" Dust Blower
Electric motor

136
Entirety Lot 130-135
With 10% raise

137
Webster Vibrating Conveyor
29" x 76', 18" pan, 10" sides, infeed chute to chipper, 22" high, electric drive

138
Waster Conveyor coming from Trim Saw
30" x 15' 6", 17" pan, 7" sides, electric drive

139
Newman G-20 Chipper Knife Sharpener
5 HP, 3 phase motor

140
All Electrical in Building
Does not include any shutoffs for a specific machine or the two main shutoffs

141
Hobart Titan 7000 Welder/Generator
Kohler engine, works

141A
250KW Cat Generator
Model 3306B, Ser# 85Z09698, 339 hp, approx 17,000 hrs, Runs Good

141B
30 KW Kohler Generator
Model 30R0ZP71, Ser# 608190, 4 Cylinder Perkins Engine, meter shows 1399 hrs, has the built in fuel tank, Runs Good

142
Wessels Air Compressor
25 hp electric drive, Condition unknown

143
20" Reckart Blower
15 hp electric drive

144
125 hp Electric Motor
Frame 444T, 1770 rpm, was on the blow hog

145
60" Saw Blade
F Style

146
56" Saw Blade
Good Condition

147
56" Saw Blade
Good Condition

148
56" Saw Blade
Good Condition

149
56" Saw Blade
Good Condition

150
20" Edger Blades
19 pcs, Carbide, Good Condition

150A
20" Edger Blades
19 pcs, carbide, Good Condition

150B
2 Hyd. Valve Banks
One was used for a log turner and the other for a live deck

150C
Edger blades
9 total

150D
Chop saw blades
4 total

150E
Top saw blades
32" , 2 total

151
3-Strand Transfer Deck
89" X 14' X 36" high, electric drive, Good Condition

152
Brewer Board Stacker
Golden Eagle Model B-Series, Ser# 102502, W/ control Box, Electrical Box, 48" x 12'X 74" Overall

153
Keystone Board Stacker
Model 9200, Ser# NSGSC3575038, Hyd drive, needs work

154
Truss Plater
Shop Built, Air Operated, 800 plus 3"x 4" new plates included

155
Kohler Diesel
Model KDW702, Ser# 4404100790, Electric Start, Needs Work

156
Electric Motor
15 hp, 3 phase, Good Condition

156A
Twin City Fan & Blower
18" inlet ,

157
Cat Claw Sharpner
Hyd Drive

158
Cat Claw Tooth Setter
Dual Tooth, Good Condition

159
Wood Mizer Pallet Hawg
Model PD200G19-S, Ser# 10180339, W/ Kohler Command Pro Engine, 19 hp, Extra Blades included, Table is 48" X 60", 55" X 123" overall, Very Good Condition Low Hrs.

160
Lewco Roll Case
48" X 20', No Legs, Good Condition

161
Lewco Roll Case
60" X 25', No Legs, Good Condition

162
Belt Conveyor
8"X 98", 6" belt, Hyd Motor, Good Condition

163
Belt Conveyor
8.5" X 206", 6" Belt, No drive

164
Pallet Board Trim Saw
electric drive, 14" blade, 46" X 128" overall, Good Condition

165
Kent Block Saw
3.5" X 5.5" Cap. , 15 hp electric drive, 3 phase, 14" blade, 6" Dust Port, W/ 9' Belt Conveyor outfeed, Good Condition

166
Baker Single Head Notcher
Model BN-O, Ser# 17-624, 9" wide cutter head, Hyd drive, includes Hyd Tank, 12" Dust Port, Replacement Profile Blades New & used, has indexable teeth, Very Good Machine Low Hrs!

167
Single Head Baker Bantam Notcher
Model BN-O, Ser# 17-591, 390 GX Honda Gas Engine, Very Good Machine Low Hrs

168
Parts for Lot 166
electric Motors, 10 hp, 15 hp, shield, etc

169
Tracks and Rollers For D5
.

170
Montgomery Blow Hog
18" , 54" blower, Hopper included

170A
Montgomery Blow Hog
18", 12" X 15' Dust Pipe, needs work

170B
125 hp Electric Motor
Was used for lot 170A

171
Manual Slab Saw
9' infeed outfeed, 30 hp Electric drive, 30" Blade, Good Working Condition

500

172
Live Roll Case
30" X 11' X 39" high, 5.5" X 24" Rollers, Electric drive, Good condition

173
Live Roll Case
32" X 12' X 32" high, 5.5 X 24" Rollers, no drive, Good condition

174
Live Roll Case
34" X 270" X 37" high, 5.5" X 24" Rollers, No Drive, Good Condition

175
Williamsport Planer
8" X 24" , Shop No 10376, Line Shaft Ready

176
Belt Conveyor
18" X 32', electric drive 110 volt,

177
* Banding cart and tools
3/4 inch steel banding

178
* 30 inch chopsaw blade
30 inch chopsaw blade, 1 1/4” arbor, brand new

179
* 22 inch blades
Total of two brand new, 2 3/8” inch arbor

180
* Wire rack filled with filters

181
* Dayton hydraulic hose crimper
Includes bins with hydraulic fittings

182
* Skid of electrical

183
* 110 V laser

183A
* 3/4 inch banding and clips

184
* Saw grinder

185
* Chipper knives

186
* Jackie grinder parts

187
* Teeth/shoulder tools

188
* Saw grinder

189
* Jockey grinder with Milwaukee drill
Includes grinding wheels

190
* Air compressor with gas engine
Hasn’t run for a few years

191
* 20 hp hydraulic pack

192
* Equalizer steam cleaner
Condition unknown

193
* Edge-rite shadow line

194
* Electrical boxes and transformers

195
* Electric motor
Tag is missing

195A
* 15 hp electric motor

195B
* Skid of electric motors

195C
* Cart for torch set

195D
* Banding cart and tools
58 inch plastic banding, includes clips

195E
* Storage box and contents
Air impacts

195F
* Air compressor
No motor, approximately 120 gallon horizontal tank

195G
* Debarker head, electric motor, gearbox

195H
* Cylinder and shields
Cylinder and shields

195I
* Skid of valves and miscellaneous parts
Skid of valves and miscellaneous parts

195J
* Storage box and contents

195K
* Skid of chain, casters, etc.

195L
* Skid of belt and chain

195M
* Hoses, belts, cylinders etc.

195N
* Alemite pump and various parts

195O
* Skid of tarps

195P
* Skid of bearings and sprockets

195Q
* Skid of chain and links

195R
* Skid of hydraulic hoses and belts

195S
* Seven barrels of Grease
Some are almost empty

195T
* Skid of air and hydraulic cylinders

195U
* Skid of chain binders

195V
* Chipper parts

196
* Skate rolls
24“ x 48“, welded to frame

197
* Skate rolls
22“ x 10‘ 10“ x 34“ high

198
* Skate rolls
19“ x 15‘, 28 inches high

199
* Skate rolls
Two pieces, 20“ x 54“ welded to frame

200
New Holland LW130TC Wheel Loader
Meter reads 9673 hrs. Iveco engine, has 3rd valve, quick attach, does not include any attachments, has some rust but in good working condition

200A
Kawasaki 60Z Wheel Loader
Serial # 6001-0180, Cummins engine, JRB quick attach, does not have 3rd valve, meter reads 14,647 hrs. New Tires within the last two years, Rebuilt Radiator since listing, good working condition, does not include any attachments

200B
Loader Forks
Fits JRB Quick Attach, Fits lot 200A, Good Condition

201
Rockland Grapple
Quick attach, fits the New Holland

202
Loader Bucket
Quick attach, fits the New Holland

203
Hyster 60 ForkLift
Model H60FT, Ser# L177B08187D, 4 cylinder Gas Engine, 3-Stage, Side Shift, Tilt, meter shows 16,854 hrs, Lift Cap. 5650 lbs, Truck Weight 10,370 lbs, Duramatch Transmission, 43 1/2" Wide Mast, 27" Front Wheels, 42" Forks, Very Good Tires, Good Working Machine.

204
Hyster H60XM Forklift
Serial # H177B52053B, 3 stage mast, side shift, 44" forks, 5600 lb. lift, GM-3.0L gas engine, good working condition

205
Hyster 65 ForkLift
Model H65XM, Ser# D177B29515T, 4 cylinder Gas Engine, 2-Stage, Side Shift, Tilt, Lift Cap. 5800 lbs, Truck Weight 10,444 lbs, 19,619 hrs, 43" Mast, 42" Forks

205A
Hyster 50 ForkLift
Model H50XM, Ser# D177B03902P, Hyster 4 cylinder Gas Engine, 3-Stage, Tilt, Side Shift, hrs Unknown, 5000lbs Lift, 43" wide Mast, 42" Forks

205B
Hyster 50 ForkLift
Model S50XL, Ser# A187V07345H, Hyster 4 cylinder LP Gas Engine, Meter shows 1745 hrs, 3-Stage, Side Shift, Tilt, Lift Cap. 4500 lbs, truck weight 8600 lbs, 39 1/2" wide Mast, 42" Forks,

206
TimberJack 460D Grapple Skidder
Completely rebuilt John Deere engine, has winch, meter reads 8755 hrs. good working condition

207
TimberJack 460 Skidder
Ser# 985419, Completely Rebuilt Engine has 1 hour on it, Winch, Ser# T0WM512M01801, Runs Good works like it should.

208
1999 International 9300 Truck, VIN # 2HSFBASR4XC079169
Year: 1999
Make: International
Model: 9300
Vehicle Type: Truck
Mileage: 894,820
Plate:
Body Type:
Trim Level:
Drive Line: 6x4
Engine Type: Cat 3406, L6, 14.6L (893 CID)
Fuel Type: Diesel
Horsepower:
Transmission: 13 speed manual, Eaton Fuller
VIN #: 2HSFBASR4XC079169

Features and Notes: Dual wet line, major overhaul on engine 198,000 miles ago, very good condition

208A
1990 L9000 Ford Log Truck
Vin 1FDYW90W4LVA36819, 300 Cummins Diesel Engine, Meter Shows 497210 miles, 8 speed Transmission, Double Frame, Locking Rears, New Paint, bunk is 8' x 17' , overall is 8' x 21' , 

209
1985 Western Star 4900 Dump Truck, VIN # 2WKPDCJG4FK912137
Year: 1985
Make: Western Star Trucks
Model: 4900
Vehicle Type: Truck
Mileage: 140,159
Plate:
Body Type: Tri-axle dump truck
Trim Level:
Drive Line: 6x4
Engine Type: Cummins L6, 14.0L (855 CID)
Fuel Type: Diesel
Horsepower: 375-424HP
Transmission: 10 speed manual, Eaton Fuller
VIN #: 2WKPDCJG4FK912137

Features and Notes: GVWR 50,000 lb. has Roll-Rite tarp system, Title is coming, seller has been promised the title by a bank and will work with the buyer to get it into the buyer’s hands. Auction company will provide buyer with seller’s contact info to obtain title. Truck starts and runs well. Dump works fine. Should have new tires before it travels any significant distance. Windshield wipers missing.

210
1996 Ford F-350 Pickup Truck, VIN # 1FDJF37F7TEA75814
Year: 1996
Make: Ford
Model: F-350
Vehicle Type: Pickup Truck
Mileage: 222,019
Plate:
Body Type: 2 Door Cab; Regular
Trim Level: XL; XLT
Drive Line: RWD
Engine Type: V8, 7.3L; OHV 16V; Turbo
Fuel Type: Diesel
Horsepower: 215-235HP
Transmission: 6 speed manual
VIN #: 1FDJF37F7TEA75814

Features and Notes: Good working truck, Doering fiberglass service body, has title

220
2001 Ferree LT-35D Lowboy Trailer
VIN 4F7TL022X1AO18434, 108" wide, GVWR 82,200, 46' overall, 20' deck, 10' rise over wheels, 4' dovetail, 8' hydraulic powered ramps, has a 12 volt self contained hydraulic unit for ramps, has title and is road ready

Gallery

221
Dump Trailer
96" x 26' long, 60" sides, brand new American made “Mousetrap” tarp system that is automatic, has title and is road ready

222
Ravens Flatbed Trailer
96" wide x 42' long, has title and is road ready

223
Utility Closed Top Chip Trailer
102" wide x 45' long, 102" inside wall height, aluminum floor, has title and is road ready

224
Fruehauf Closed Top Chip Trailer
102" x 45', 112" inside wall height, wooden floor, has title and is road ready

225
Evans 3 Bunk Log Trailer
40', has title and is road ready