5-6-2023 AUCTION BIDDER TERMS AND CONDITIONS OF SALE

NOTICE: ALL LOTS MUST BE REMOVED FROM THE BARBER VINTAGE MOTORSPORTS MUSEUM PROPERTY NO LATER THAN THE TUESDAY AFTER THE AUCTION AT 3:00PM.

If you are unable to make transportation arrangements within the given time frame, Josh, Chris, and Jeff Baggett with Classic Car Motoring in Irondale, AL can pick up your vehicle and store it in their facility until arrangements are made. If you have any questions, please call Jeff Baggett, Chris Baggett 205.841.2153 or Josh Baggett: 205.420.9897. Please visit www.classiccarmotoring.com for facility photos and additional information. We strongly recommend you make storage inquiries before the auction.

DEFINITIONS:

BID CALLER: LICENSED AUCTIONEER WHO IS ACTIVELY CALLING THE AUCTION ON ANY GIVEN LOT. BUYER: SUCCESSFUL BIDDER AT AUCTION

BIDDER: A PERSON OR ENTITY BIDDING ON ANY LOT AT ANY AUCTION HOSTED BY AUCTIONEER OWNER/CONSIGNOR: PERSON/ENTITY THAT CONSIGNS A LOT FOR AUCTION.

AUCTIONEER: J.A.H. ENTERPRISES, INC. AND HENDERSON MOTOR SERIES, LLC COLLECTIVELY DBA HENDERSON AUCTIONS AND ITS AFFILIATES, SUCCESSORS, EMPLOYEES, ASSIGNS, SHAREHOLDERS, DIRECTORS, AND OFFICERS. LOT: ANY ITEM OFFERED FOR SALE BY AUCTIONEER

CLOSING: THE COMPLETION OF TRANSFER OF OWNERSHIP TITLE OF AUCTION ITEM FROM OWNER TO BUYER.

1. BIDDER agrees that his participation in this auction means that he has read and understood and will abide by the BIDDER’s terms, whether or not he has signed this agreement.

2. The BIDDER will be issued a BIDDER number for the purpose of auction participation. Invoicing and titling will match the information completed on the BIDDER’s registration. If the BIDDER’s number is lost, stolen, or misplaced, he remains liable for any bid, purchase, or action of anyone using his BIDDER number.

3. BIDDER consents to AUCTIONEER verifying BIDDER’s ability to pay, including credit check, bank reference, or by any other means.

4. This agreement shall be legally binding whether executed by electronic signature or initials or as a handwritten execution.

5. It is the responsibility of the BIDDER to thoroughly investigate and become familiar with the auction process, the suitability and condition of the assets in the auction “including age, mileage, hours, mechanical condition, legal use in any given jurisdiction, etc.” AUCTIONEER is not responsible for the accuracy of a LOT’s description whether given verbally or in writing in any medium. AUCTIONEER shall not be held responsible for advertising discrepancies or inaccuracies.

6. All LOTs are sold as is, where is, without warranty or guarantee, either expressed or implied, as to any LOTs usefulness, condition, genuineness, value, quality, merchantability, and/or fitness for use for any purpose. AUCTIONEER has not inspected or tested or verified the LOT and has no knowledge of the LOT’s history or condition. The BIDDER has the opportunity, the right, and the sole responsibility to inspect and verify any LOT prior to placing a bid. It is the responsibility of the BIDDER to research any restrictions on LOTs purchased and to obtain any necessary import/export licenses, titles, or any other required documents for shipping. Winning BIDDERs agree to accept and pay for in full any LOTs awarded by AUCTIONEER regardless of thoughts, condition, defects, or imperfections. Any claims regarding mileage or hours are offered as opinions by the consignor and shall not be deemed as accurate unless investigated and determined to be accurate by BIDDER.

7. BIDDER agrees to make no claim against AUCTIONEER for an improper, inadequate, or inaccurate LOT description.

8. All claims or disputes or legal actions by any party to this agreement must be filed in the Circuit Court of Livingston Parish, Louisiana, and all legal matters contemplated in this agreement will be governed by the laws of the State of Louisiana and that jurisdiction.

9. The BIDDER has had the opportunity to consult legal counsel and irrevocably waives any right to a trial by jury in any proceeding relating to a dispute about this agreement or the Auction.

10. The OWNER/CONSIGNOR may place a reserve on any of his/her LOTs, which is the minimum hammer price the owner is prepared to accept. That reserve amount is kept confidential by the AUCTIONEER.

11. The AUCTIONEER has the right to execute bids on behalf of the OWNER/CONSIGNOR up to the amount of the reserve.

12. The BID CALLER has the sole discretion to determine the final high BIDDER, and can in his sole discretion open the bidding, close the bidding, exclude BIDDERs, recognize late BIDDERs, reopen closed bidding, and reopen bidding between tie BIDDERs. BIDDERs have the opportunity, where available, to bid in person, absentee, by proxy, by telephone, or through online bidding platform(s). Any notice of successful bidding or being outbid via online platform(s) or by any party other than the BID CALLER and Management for the AUCTIONEER does not constitute official notice. Official notice of award and whether or not a sale has taken place will only be given in the form of an invoice from the AUCTIONEER. AUCTIONEER has the right and sole discretion to amend or correct any invoice that is sent to a BIDDER.

13. AUCTIONEER’s internet bidding and telephone bidding features are offered where available and when available. AUCTIONEER does not guarantee that these features or services will operate correctly or without interruption. AUCTIONEER is not responsible for delays, inaccuracies, errors, omissions, or mistakes by the BIDDER’s use of these services or by the AUCTIONEER’s performance of these services. BIDDER agrees that AUCTIONEER is not liable for BIDDER’s inability to access these services nor liable for any loss or damage incurred by BIDDER by using these services. Where telephone bidding is available, BIDDER consents to allowing AUCTIONEER to record the call.

14. AUCTIONEER is not liable for damaged, stolen, or lost LOTs and BIDDER waives his right to claim damages against AUCTIONEER for any associated loss.

15. AUCTIONEER is not liable for matching number errors.

16. LOTs that fail to meet the reserve price will be offered for sale by the AUCTIONEER after the LOT is removed from the auction block. Any LOTs sold by AUCTIONEER are subject to the same terms as LOTs sold on the auction block.

17. Once a LOT is called sold by the BID CALLER, the high BIDDER accepts responsibility to pay for said LOT and assumes all responsibility and liability for the LOT as though the sale was complete.

18. BUYER agrees to pay for the LOT including BUYER’s premium, taxes, and fees immediately following the auction.

19. Unless arrangements acceptable to the Management for the AUCTIONEER have been made prior to the auction, BUYER agrees to allow the AUCTIONEER to charge to BUYER’s credit card on file a sum equal to 5% of the amount of the BUYER’s successful bid(s) immediately upon close of the auction. The remaining balance must be paid in accordance with the other terms and conditions of this agreement. If the BUYER fails to make timely payment of any outstanding balance, BUYER authorizes AUCTIONEER to charge up to any remaining balance, plus interest, late charges, credit card fees, and attorney fees incurred by AUCTIONEER for the collection of the unpaid balance to the BUYER’s credit card on file. If the BIDDER would like to make other payment arrangements prior to the auction and thus avoid charges to the credit card on file, AUCTIONEER will accept a Bank Letter of Guarantee or Cash on Deposit with the AUCTIONEER. BIDDER may contact our offices at least one week prior to the auction to make such arrangements.

20. AUCTIONEER will make every effort to deliver titles within 30 days of Auction. AUCTIONEER accepts no responsibility for delays outside its control. AUCTIONEER is not responsible for damages incurred by BUYER as a result of any title processing delay. Any unpaid balance owed by BUYER, not paid within three banking days from Auction Day, is subject to interest charges at a rate of the greater of 2% per month or the maximum rate allowed by law, prorated daily beginning from the calendar day following the auction.

21. AUCTIONEER has a right to the following remedies in the event BIDDER defaults, including nonpayment or any breach of this agreement:

A. Purchase the LOT at the BIDDER’s bid amount.

B. Resell the LOT at Absolute Auction or by private sale without notice to BIDDER and hold BIDDER liable for any deficiency in the resale price.

C. Cancel the sale and retain BIDDERs deposit and/or payment as liquidated damages.

D. Charge BIDDER’s credit card for any amounts due to AUCTIONEER and/or CONSIGNOR.

E. Take legal action against BIDDER to seek specific performance or take any other legal action to protect the interest of the AUCTIONEER and CONSIGNOR.

F. BIDDER agrees to be liable for any costs and expenses caused by the BIDDER’s default including but not limited to attorney’s fees, court costs, commissions, entry fees, Buyer’s Premiums, freight, storage, or any other expenses.

22. BIDDER agrees to be liable for any costs and expenses caused by the BIDDER’s default including but not limited to attorney’s fees, court costs, commissions, entry fees, Buyer’s Premiums, freight, storage, or any other expenses.

This Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, successors, and assigns.

If you are the winning bidder, you give Henderson Auctions permission to charge your account 5% of the amount of your successful bid(s) immediately upon close of the auction, unless other arrangements have been made with the management of auctioneer prior to the auction. Additionally, you give Henderson Auctions permission to charge your card in the amount of up to any unpaid balance you fail to make by the payment deadline.

PREVIEW AND AUCTION LOCATION: Barber Vintage Motorsports Museum | 6030 Barber Motorsports Pkwy, Birmingham, Alabama 35094

PREVIEW DATE AND TIME: General Public Auction Preview: Friday, May 5th, 2023 | 10am to 5pm

VIP Auction Preview: Friday, May 5th, 2023 | 6pm to 8pm | Private Museum Tour | Open Bar | Catered by Bruno Hospitality

INQUIRIES

Bidding Questions, Lot, and General Information: Tricia Ory | +1.225.341-1577 | tricia@hendersonauctions.com

Bidder Registration and Payments: Lauren Lay | +1.225.341.1342 | lauren@hendersonauctions.com

Title Information: Lisa Achord | +1.225.686.2252 extension 123 | titleclerk@hendersonauctions.com

Consignment Information: Ben Hocevar | +1.225.363.8488 | ben@hendersonauctions.com

AUCTION BIDDER PACKAGES

VIP Pass | $600 Fee | VIP and One Guest - VIP Auction Preview: Friday, May 5th, 2023 | 6pm to 8pm | Private Museum Tour | Open Bar | Catered by Bruno Hospitality

Auction Day: Saturday, May 6th, 2023 | VIP Brunch with Open Bar | 9am to 1pm | Auction Starts at 10am CT | Commemorative Buyers Guide, (2) General Admission Museum Tickets | $100 Bidder Fee Included

General Bidding Pass | $100 Bidder Fee (Non-Refundable) | Bidder and One Guest Auction Day: Saturday, May 6th, 2023 | Auction Starts at 10am CT

(2) General Admission Museum Tickets | Commemorative Buyers Guide *Please Note this $100 Fee is Non-Refundable.



GENERAL ADMISSION: General Admission is only the cost of the museum. Museum Entry Cost $15 Adults | $10 Children (Purchase tickets at the front desk of the museum.) We encourage you to come out to this beautiful venue, see live auto racing, enjoy the museum facilities, and watch the auction! Additional Commemorative Buyers Catalog Available. $25 Fee Per Book | All on-site registered bidders receive one copy.

REGISTRATION PROCEDURE/PAYMENTS: A $100 Bidding Registration Fee is required to participate in the auction online or at the live auction. *Please Note this $100 Fee is Non-Refundable.

CREDIT CARD: Visa, American Express, MasterCard, and Discover. This credit card will be used to charge a $100 Bidding Registration Fee and 5% of the amount of your successful bid(s) immediately upon close of the auction, unless other arrangements have been made with the management of auctioneer prior to the auction. The remaining balance should be paid according to the terms under the headings Buyer Payments and Bidder Terms below. CHECK: Must clear our bank 14 Business days. Make payable to Henderson Auctions and mail to: PO Box 336 Livingston, LA 70754

AUCTION HOTEL INFORMATION:

Elyton Hotel, Autograph Collection | 1928 1st Ave N, Birmingham, AL 35203 | 205.731.3600 Holiday Inn | 1820 Carl Jones Rd, Moody, AL 35004 | Special Rate 205.352.0515

Hampton Inn | 310 Rex Lake Rd, Leeds, AL 35094 | 205.702.4141

Grand Bohemian Hotel Mountain Brook | 2655 Lane Park Rd, Birmingham, AL 35223 | 205.414.0505



AIRPORT INFORMATION:

(KBHM, BHM) Birmingham

Shuttlesworth International Airport – Birmingham, AL

5900 Messer Airport Hwy, Birmingham, AL 35212 | Phone: 205.595.0533



REGISTRATION INFORMATION FOR DEALERS:

Current Dealer’s License and a copy of your current State Resale/Tax ID.

Verification of Dealer Ownership - If you are the principal/owner of the dealership, but your name is not listed on the Dealer License or state resale/tax ID.

Dealer Authorization to Bid - If you are a Representative of the dealership and not the Principal/Owner.



BUYER INFORMATION:

Buyer’s Premium and Taxes: The final bid (hammer) price of each lot will be subject to a buyer’s premium.

Onsite Auction Buyer’s Premium: For VEHICLE property the premium is 10% on each item purchased. For MEMORABILIA and other non-motor vehicle property, the premium is 15% on each item purchased.

Internet & Phone Bidding Auction Buyer’s Premium: For VEHICLE property the premium is 13% on each item purchased. For MEMORABILIA and other non-motor vehicle property, the premium is 18% on each item purchased.

Auction Bidding Options: You can bid in many ways: Live-In Person at the Barber Vintage Motorsports Museum, Henderson Auctions’ bidding platform, Proxibid online bidding platform, Henderson Auctions’ APP, or absentee bidding. www.hendersonmotorseries.com or www.proxibid.com

Absentee Bidding: If you are unable to attend the sale and require additional flexibility for an absentee bid of a lot estimated more than $10,000 (ten thousand), Henderson Auctions is pleased to offer an absentee bid option. Please contact Tricia Ory at tricia@hendersonauctions.com no later than three days before the auction date to set up your absentee bid.

Online Bidding and Bids: Internet users may place prebids and live bids from anywhere in the world. Please use the links below to bid live and prebid on lots.

Online Bidding Platform Links: BidWrangler Link: https://hendersonauctions.bidwrangler.com/ui/auctions/81168 or Proxibid Link: hendersonauctions.proxibid.com

Download the Henderson Auctions APP: Android and Apple Devices | Search “Henderson Auctions”

Sales Tax, if applicable, will be charged on the final total of the hammer price plus buyer’s premium. In order to be exempt from state sales tax (and license and documentation fees, as applicable), the buyer must possess a valid sellers permit/resale certificate number and must be a licensed motor vehicle dealer in the applicable state and furnish documentation of the same to Henderson Auctions prior to or at the time of purchase.

BUYER PAYMENTS: Payment for purchased lots must be made no later than 2pm on the Monday following the auction. Henderson Auctions recommends anyone wishing to remove items (including motor vehicles) should immediately pay by cash, certified check, Visa, MasterCard, American Express or Discover. A convenience fee of 4% additional will be added to all credit card charges. Please note that payments made by personal, or business checks may result in property not being released until purchase funds clear the bidder’s bank. For buyers wishing to pay by bank transfer, our bank details are as shown below (please include your bidder number).

BUYER PAYMENTS: United State Wire Information: Please wire transfer the balance due plus a $25 wire transfer fee to: First Guaranty Bank 400 East Thomas Hammond, LA 70401 ABA# 065404340 Reference: Henderson Auctions | 13340 Florida Blvd. Livingston, LA 70754 Account# 500053375 Bidder #

International Wire Information: Please wire transfer the balance due plus a $50 wire transfer fee to: Chase Bank Swift Code: CHASU33 1916 SW Railroad Ave. Hammond, LA 70401 Account: First Guaranty Bank Account# 638781039 400 East Thomas Hammond, LA 70401 Reference: Henderson Auctions 13340 Florida Blvd. Livingston, LA 70754 Account# 500053375 Bidder #

Payment & Collection Hours at the Barber Vintage Motorsports Museum: Henderson Auctions will be accepting payments during and after the auction on Saturday. Memorabilia purchases can be collected during the auction. Purchased vehicles will not be released until after the auction. Our payment and collection hours continue Sunday from 8am to 5pm and again on Monday from 8am to 5pm. Transport of your winning items can be arranged with Classic Car Motoring for a later transport date from their luxury storage facility.

VEHICLE STORAGE

Classic Car Motoring | Irondale, Alabama | www.classiccarmotoring.com. Classic Car Motoring has partnered with Henderson Auctions to provide superior exotic transportation services, and vehicle storage. This 44-year-old family owned business has earned a world-wide reputation for exceptional service. Jeff, Chris, and Josh Baggett with Classic Car Motoring will work with our team to arrange transportation of your purchased vehicles to “The Vault”, a luxury storage facility. Jeff Baggett: 205.841.2153 | Chris Baggett 205.841.2153 | Josh Baggett: 205.420.9897 Visit www.classiccarmotoring.com for facility photos and additional information on transportation, storage, and luxury event preparation.

None of the Barber collection is for sale or included in the auction. This is a private auction held by Henderson Auctions conducted at the Barber Vintage Motorsports Museum.