Fremont Michigan
Previous Page Listing ID#: 275654

Auction Location

Fremont, MI 49412
Auction Dates and TimesSALE IS COMPLETED
Thursday Apr 29, 2021 Completed
Friday Apr 30, 2021 Completed
Auction Type
 Live Auction 
Company Information
Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Email: beachyauctions@gmail.com
Website: brightstarauctions.com

GoToAuction.com ID#: 5286
View company information and listings

Free Email Notifications

Sign up for the GoToAuction.com email notifications and we will let you know about sales in your area!  You may set up alerts by area (zip and radius), keywords, and by company.  It is FREE and only takes a few seconds to sign up.

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
Retirement sale including, Wood-Mizer LT 40, Skytrac, multiple forklifts, log splitter, chain saws, guns, bows, household items and much more. Live phone and online bidding available. Call Myron @ 574.229.4341 to consign for free marketing.

00
Information Lot
We will begin the auction at 10 AM with uncatalogued smalls. Will start the online portion of the sale around noon. Uncatalogued includes- lots of fishing lures, line, bobbers etc. antique fishing lures, household items, pony cart and harness, buggy and much more.

1
vise

2
socket set

3
12 in.cylinder

4

5
wrenches

6
anti freeze 4 gal

7
shoeing stand

8
motor oil & lube

9
lp tank

10
Selling to onsite crowd only
.

11
pile with Nate on wagon

12
filters

13
hydrant

14
dove tailed jig porter cable

15
buggy jack

16
air tool oil

17
open end wrenches

18
open end wrenches

19
air cylinder

20
choice bird house

21
barn door latch, tubing & tool

22
choice clamps

23
tool box

24
wire, hack saw

25
honda motor 2.2hp

26
20ton jack

27
tool bucket

28
ratchet straps, ax

29
air tool

30
air motor, cylinders

31
panasonic drills with

32
cant hook

33
cant hook

34
choice on wagon

35
can

36
pipe fittings

37
choice

38
choice

39
choice

40
choice

41
choice corner

42
gas cans

43
minnow buckets

44
leather cutter

45
straps

46
transit

47
blades

48
leather

49
choice box

50
choice

51
choice

52
hog scrapers

53
choice

54
grease

55
choice

56
choice

57
tightener

58
choice

59
choice

60
choice

61
pile

62
air hose

63
belts

64
hoe backs

65
pvc pipe fittings

66
choice

67
gas cans

68
choice

69
choice

70
choice

71
choice

72
choice

73
choice

74
choice

645

75
choice

76
choice

77
tools

78
hydro oil

79
choice cross cut saw

80
anti freeze

81
anvil

82
choice

83
vise

84
shovel

85
shovels

86
rollerchain with tool

87
12volt shocker

88
tree trimming safety vest

89
shovels

90
choice

91
feeders and netting

92
honda motor

93
honda motor and anvil

94
heaters and fans

95
sledge

96
spade

97
rakes

98
gas engine new

99
bucket of bio

100
tarp

101
choice

102
load tester

103
3 boxes

104
new teeth for circle saw and tool

105
choice

106
choice

107
choice

108
choice

109
choice

110
straps

111
hyd. motor mount

112
50 watt panel

113
belts

114
7 horse shoes

115
misc box

116
steel

117
choice

118
choice

119
pile

120
heater and fans

121
doddy stook

122
chain binders

123
choice pile

124
choice

125
pile

126
sprayer

127
cant hook

128
cant hook

129
corner of wagon

130
peg board

131
organiser loaded

132
organiser loaded

133
table 2 chairs

134
hutch

135
kitchen range

136
choice chair

137
choice chair

138
desk

139
chair

140
refrigerator

141
refrigerator

142
choice lamp

143
choice lamp

144
honey

145
honey

146
honey

147
honey

148
honey

149
honey

150
honey

151
honey

152
honey

153
honey

154
china hutch

155
bed frame

156
14 x 12 screen house

157
night stand

158
lp stove

159
canner

160
hand crank grinders

161
round table

162
card table chairs

163
complete bed

164
complete bed

165
choice leidersammlung book

166
china

167
strainer

168
bed sheets

169
bed sheets

170
table

171
1/2 bed frame

172
chairs

173
grill

174
1/2 bed

175
office chair

176
hutch

177
chairs

178
lamps

179
lamps

180
desk

181
heaters

182
fishing rod

183
fishing rod

184
fishing rod

185
fishing rod

186
trolling motor

187
tackle box

188
tackle box

189
tackle box and life jackets

190
4 lures

191
tree climber

192
tree stank and camping chair

193
tackle

194
tackle

195
tackle

196
tackle

197
tackle

198
tackle

199
hooks

200
hooks

201
hooks

202
hooks

203
hooks

204
hooks

205
hooks 5 or 8 lb

206
hooks 5 or 8 lb

207
hooks 5 or 8 lb

208
tackle

209
tackle

210
tackle

211
tackle

212
tackle

213
tackle

214
tackle

215
tackle

216
tackle bobbers

217
line or bobbers

218
line or bobbers

219
digital scales

220
chalk line

221
hooks

222
lines

223
lines

224
lines

225
lines

226
lines

227
lures

228
lures

229
lures

230
lures

231
lures

232
lures

233
lures

234
tackle loaded box

300
walking stick

301
walking stick

302
canoe

303
canoe

305
kayak

306
canoe

309
WRECHES

440
Male Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

441
Female Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

442
Female Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

550
Bear Recurve Bow
No string.

551
Ranger Darton Super Flite Recurve Bow
No. 13592, 58", 45-50 pounds, no string

552
Bear Recurve Bow
With string.

553
Daisy Model 131 Pellet Gun
177 caliber, break barrel

554
TF Pellet Gun
177 caliber, break barrel

555
Sears Roebuck Model 60 22 L.R.
No. 273, 528132, semi automatic, Bushnell scope

556
Remington Model 522 Viper 22 L.R.
No. 3111160, semi automatic

557
Winchester Model 1902-22 Short, Long, or L.R.
August 29th, 1899, single shot

558
Springfield Single Shot 12 Gauge
.

559
Harrington and Richardson 20 Gauge Youth Slug Hunter
Serial # HR290277, 3" rifled bore, Shooters Edge 3-9x32 scope,

560
Harrington and Richardson 20 Gauge Slug Hunter
Serial # HN270603, 3" rifled bore, BSA 1.5-4.5 x 32 scope

561
New England Huntsman 50 Caliber Muzzleloader
Serial # NT353546, Simmons 3-9x32 scope

562
Thompson Center 45 Caliber Cherokee Muzzleloader
No. 13353, Leupold Vari-x 3, 1.75 x 6 scope

563
Connecticut Valley 50 Caliber Blazer Muzzleloader
No. 8567962

564
Stevens M301 Shotgun
410 Ga, Ser# 181412K, Turkey Choke, 2 1/2-3" shells, Good Condition

565
Ruger American Rifle
308 Ca., Bolt action, Ser# 696-14555, New in the Box!

566
Remington Model 700
308 Ca., Bolt Action, Ser# RR69820K, New in the box!

567
Mission Menace Compound Bow
17"-30" draw length, 35-55 lb. draw, Truglo sight, Whisker Biscuit, 4 Beman arrows and quiver

568
Bowtech VFT Compound Bow
60-70 lb., 28" draw length, includes 8 Beman arrows, release, and hard case

569
Diamond Outlaw Compound Bow
W/ Carrying Case, Quiver and Arrows, Sights, Brace Height 7", Draw Length 26.5"- 30.5", Draw Weight 40lbs-70lbs, IBO Speed 330 fps, Weight 3.8, Good Condition

570
12' Aluminum Boat
W/trailer, lights, 3 Seats, No Motor, Good Condition

571
12' Aluminum Boat
3 seats, including trailer with lights, no motor

572
Big Game Tree Stand
18', two seater, good condition

573
Camo Hunting Blind
Octagon shape, 5-windows, Good Condition

574
Camo Hunting Blind
Octagon Shape, 5-windows, Good Condition

600
2001 LT 40 Super Hydraulic Portable Wood-Mizer
VIN 456C624111NJJ3949, model V1505-TE, 1.5L, Accuset 2 setworks, meter reads 5700 hours, hydraulic log lift, Kubota diesel engine, includes hydraulic unit powered by Honda gas engine, good working condition

600A
Woodmizer Band Sharpener
Model 016706, auto sharp control, 12 V operated, good condition

600B
Suffolk Tooth Setter
Model DTS-03, serial # 10856, good condition

600C
Bandsaw Bands
13' 2" long x 1 1/4", approximately 40 pieces

600D
Brewco Upcut Saw*
Speed Cut, 9' Infeed, 5' Outfeed, W/Foot Pedal, Working Condition

601
JLG 6036 Skytrak
Ser# 0160019821, meter reads 9121 hrs, 6,000 lb Lift, Open Cab, Max Lift Height 36', Max Reach 22'.4", Cummins engine, Good Condition

602
Allis Chalmers 840 Loader
Runs and operates, center pins are good, Perkins diesel, includes forks and bucket

603
Ford 335 Tractor with Front End Loader
Meter reads 1181 hours, 3 point hitch, includes 70" bucket

603A
46" Forks For Ford Tractor
.

604
CAT 60 Forklift
Model GP-30, serial # 7AM04894, 3 stage, LP gas, short mast, side shift, 5800 lb. lift, meter reads 10,454 hours, good front tires

605
Nissan Forklift
Model CPJ02A25PV, optimum 50, LP gas, 3 stage, side shift, tilt, light, short mast, meter reads 28,425 hours, 4400 lb. lift, 42" forks

606
Cat Forklift
Model GC-20, Ser# 4EM-00209, 4000LB Lift, Lp Gas, meter reads 3135 hrs, 3-Stage Mast , Side Shift, Short Mast, Led Lights, Tank Not Included, Will be running at Auction Time

607
Clark ForkLift
Ser# C3DB760-463, Lp Gas, meter reads 2820 Hrs, 3-stage Mast, Side Shift, 3000 lb Lift, Will be running at Auction Time.

608
Clark ForkLift
Model ECG25, Ser# ECG358-320-6754, 5000 LB Lift, Side Shift, 36 volt, hrs unknown, Dead Batteries.

608A
6' Fork Extensions
5 1/2" inside, good condition

608B
16' Utility Trailer
6.5' wide, lights, has title, no ramps

609
Kubota Diesel Engine
V1505-E, 2466 on the meter, electric start, with fuel tank, runs good, approximately 35 Hp, 4 cylinder

610
Deutz Diesel Engine
4 cylinder, Hp unknown, less than 500 hours since rebuilt

611
Deutz Diesel Engine
Serial # 7021063, 83 HP, 5 cylinder, 3537 hours since rebuilt, twin disc clutch

612
Air Compressor
.

613
Diesel Engine
3 cylinder

614
Hydraulic Tank
Hydraulic power unit on frame 36" x 78", hydraulic pump, line shaft 30" x 36" x 18" H, no drive

615
County Line 28 Ton Log Splitter
Model 2152374, serial # 1I0613614, Honda gas engine, good condition

616
Stihl Chain Saw
026, 49 cc, 16" bar

617
Stihl Chain Saw
Wood Boss 024 AV, electronic quickstop, 16" bar

618
Antique Drill Press
Serial # 67, Prentice Bros, Worcester Mass, no drive, works

618A
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8", or 3/4" banding

618B
manuel sealless strapping tool

619
Uline Metal Banding Cart
Comes with 3/4" banding, good condition

620
Banding Tools
Banding tool, crimper, good condition

621
Dock Plate
34" x 84", aluminum

622
Double Skate Rollers
52" x 96", 24" x 2 1/2" rolls

623
Metal Band Saw
.

624
Galaxy Power Hacksaw
Electric Drive, 14" blade

625
Skid of Bostitch Nails
2 1/2" 8D, 6,000 per box, 6 boxes

626
Skid of Nails
3 x 120, 3" x .113, 3 boxes at 6000 per box, 8 boxes at 5000 per box

627
Skid of Bostitch Nails
3 1/4 x .120", 2,700 per box, 9 boxes

628
Skid of Air Drive Nails
2 1/2 x 099 screw Blunt Diamond, 9,000 per box, 10 boxes

629
Hydraulic Press
.

630
Hydraulic Press
.

631
Wrenches
.

632
1" Air Impact
.

633
1" Pittsburg Socket Set
.

634
Socket Set
.

635
Portable Hydraulic Unit
13 HP Honda gas engine

635A
Portable Air Compressor
Twin Tank Ingersoll-Rand Air Compressor, W/ Honda Engine,

635B
Juki Sewing Machine
electric powered w/ pedal switch, W/ cabinet, Good Condition

636
Fairbanks Scale
w/ weights, 1000lb scale, working Condition

637
8" Chiuting Jointer
Model CT-200, Ser# 7485, no drive.

638
Delta Hydraulic Chop Saw
12" Blade, Good Condition

638A
Bobcat Auger Attachment
Quick Attach, 18" Bit, Good Condition

639
One Horse Open Sleigh
Needs some work

640
Craftsmans Table Saw
10", W/ 5 hp Honda Engine G200, Good Condition

641
Hyd Unit
for 3-point Hitch, PTO Pump, Working Condition

642
Bil-Jax Scaffolding
3-sets, 5' overall Height, 4700 lb load cap. one set of bracing missing, Good Condition

643
Werner Walk Board
14" x 24' Long, Good Condition

644
Wood Indoor Boiler
Menominee, Works

645
choice stack by the foot oak

646
lumber

647
lumber

648
lumber oak

649
lumber

650
cedar lumber

651
cedar lumber

652
cedar lumber

653
cedar lumber

654
cedar lumber

655
drying sticks

656
lumber poplar

657
lumber

658
lumber

659
lumber

660
lumber

661
lumber

662
lumber

663
misc. lumber

664
lumber applewood

665
lumber

666
lumber pine

667
lumber pine

668
lumber 2 x 4 x 16

669
lumber pine

670
wood lathe

671

672
sander

673
chop saw

674
propane tanks

675
table saw

676
dewalt chopsaw

677
metal cabinet

678
tiller

679
freezer and freeon unit

680
racks

681
racks

682
batteries

683
batteries

684
heater

685
planter

686
lawn mower

687
lawn mower

688
snow blower

689
interior doors

690
steel frame

691
3point forks

692
rabbit cages

693
rabbit w/cage

694
rabbit w/cage buck

695
feeders and waters

696
lumber

697
lumber

698
fork stop

699
garage door panels

700
black pipe

701
shaft

702
belt

703
steel

704
wheels

705
welder

706
line shaft

707
big tarp

708
skate rollers

709
skate rollers

710
blower pipe

711
wheels

712
tires

713
stainless steel chimney pipe

714
box misc

715
pipe

716
pvc

717
tub of halters and blanket

718
saddle

719
saddle

720
riding bridle

721
harness

722
harness

723
double pole

724
double pole

725
double driving reines

726
shafts

727
cart

728
walking plow

729
cart and harness

730
surrey

731
single seater buggy

732
fuji bike

733
jamis

734
fuji bike no carrier

735
gt bike with front basket

736
green schwin bike

737
blue schwin bike

738
lp tank

739
wheelbarrow

740
cart

741
barrows

742
barrows

743
barrows

744
barrows

745
inner tube

746
potatoe bags

747
charge controller

748
radiators

749
wheels

750
skid misc

751
cider press

752
cement mixer

753
trash barrel

754
screen, table, stand

755
crates

756
chicken netting

757
wheelbarrow

758
wrought iron

759
3 point weight

760
trailer mover

761
banding

762
lumber rack

763
blower

764
belt conveyor

765
log splitter

766
hoses & etc

767
notcher

768
skid of pulleys

769
skid of pulleys

770
cedar stakes

771
skid of belts

772
metal

773
resaw

774
bandsaw blades

775
bandsaw blades

776
choice skid

777
fuel tank

778
skid with hyd. motor and electric motor

779
choice skid

779*1
choice skid

780
2 skids

781
kiln set-up

782
lp gas stove

783
hyd. tank

784
welding table

785
OSB
Photo Gallery










































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Save Listing As Favorite

Print Listing information

Share This Listing

  • Facebook
  • Email this Listing to a Friend





Other Sales by
This Company

Jan 1
Des Arc, AR

Oct 1
Middlebury, IN

Sponsored Links

Fremont Michigan

Bright Star Realty and Auctions, INC

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Sale Location
1314 W 40th Street
Fremont, MI 49412
Sale Dates and Times
Thursday Apr 29, 2021 Completed
Friday Apr 30, 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
Retirement sale including, Wood-Mizer LT 40, Skytrac, multiple forklifts, log splitter, chain saws, guns, bows, household items and much more. Live phone and online bidding available. Call Myron @ 574.229.4341 to consign for free marketing.

00
Information Lot
We will begin the auction at 10 AM with uncatalogued smalls. Will start the online portion of the sale around noon. Uncatalogued includes- lots of fishing lures, line, bobbers etc. antique fishing lures, household items, pony cart and harness, buggy and much more.

1
vise

2
socket set

3
12 in.cylinder

4

5
wrenches

6
anti freeze 4 gal

7
shoeing stand

8
motor oil & lube

9
lp tank

10
Selling to onsite crowd only
.

11
pile with Nate on wagon

12
filters

13
hydrant

14
dove tailed jig porter cable

15
buggy jack

16
air tool oil

17
open end wrenches

18
open end wrenches

19
air cylinder

20
choice bird house

21
barn door latch, tubing & tool

22
choice clamps

23
tool box

24
wire, hack saw

25
honda motor 2.2hp

26
20ton jack

27
tool bucket

28
ratchet straps, ax

29
air tool

30
air motor, cylinders

31
panasonic drills with

32
cant hook

33
cant hook

34
choice on wagon

35
can

36
pipe fittings

37
choice

38
choice

39
choice

40
choice

41
choice corner

42
gas cans

43
minnow buckets

44
leather cutter

45
straps

46
transit

47
blades

48
leather

49
choice box

50
choice

51
choice

52
hog scrapers

53
choice

54
grease

55
choice

56
choice

57
tightener

58
choice

59
choice

60
choice

61
pile

62
air hose

63
belts

64
hoe backs

65
pvc pipe fittings

66
choice

67
gas cans

68
choice

69
choice

70
choice

71
choice

72
choice

73
choice

74
choice

645

75
choice

76
choice

77
tools

78
hydro oil

79
choice cross cut saw

80
anti freeze

81
anvil

82
choice

83
vise

84
shovel

85
shovels

86
rollerchain with tool

87
12volt shocker

88
tree trimming safety vest

89
shovels

90
choice

91
feeders and netting

92
honda motor

93
honda motor and anvil

94
heaters and fans

95
sledge

96
spade

97
rakes

98
gas engine new

99
bucket of bio

100
tarp

101
choice

102
load tester

103
3 boxes

104
new teeth for circle saw and tool

105
choice

106
choice

107
choice

108
choice

109
choice

110
straps

111
hyd. motor mount

112
50 watt panel

113
belts

114
7 horse shoes

115
misc box

116
steel

117
choice

118
choice

119
pile

120
heater and fans

121
doddy stook

122
chain binders

123
choice pile

124
choice

125
pile

126
sprayer

127
cant hook

128
cant hook

129
corner of wagon

130
peg board

131
organiser loaded

132
organiser loaded

133
table 2 chairs

134
hutch

135
kitchen range

136
choice chair

137
choice chair

138
desk

139
chair

140
refrigerator

141
refrigerator

142
choice lamp

143
choice lamp

144
honey

145
honey

146
honey

147
honey

148
honey

149
honey

150
honey

151
honey

152
honey

153
honey

154
china hutch

155
bed frame

156
14 x 12 screen house

157
night stand

158
lp stove

159
canner

160
hand crank grinders

161
round table

162
card table chairs

163
complete bed

164
complete bed

165
choice leidersammlung book

166
china

167
strainer

168
bed sheets

169
bed sheets

170
table

171
1/2 bed frame

172
chairs

173
grill

174
1/2 bed

175
office chair

176
hutch

177
chairs

178
lamps

179
lamps

180
desk

181
heaters

182
fishing rod

183
fishing rod

184
fishing rod

185
fishing rod

186
trolling motor

187
tackle box

188
tackle box

189
tackle box and life jackets

190
4 lures

191
tree climber

192
tree stank and camping chair

193
tackle

194
tackle

195
tackle

196
tackle

197
tackle

198
tackle

199
hooks

200
hooks

201
hooks

202
hooks

203
hooks

204
hooks

205
hooks 5 or 8 lb

206
hooks 5 or 8 lb

207
hooks 5 or 8 lb

208
tackle

209
tackle

210
tackle

211
tackle

212
tackle

213
tackle

214
tackle

215
tackle

216
tackle bobbers

217
line or bobbers

218
line or bobbers

219
digital scales

220
chalk line

221
hooks

222
lines

223
lines

224
lines

225
lines

226
lines

227
lures

228
lures

229
lures

230
lures

231
lures

232
lures

233
lures

234
tackle loaded box

300
walking stick

301
walking stick

302
canoe

303
canoe

305
kayak

306
canoe

309
WRECHES

440
Male Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

441
Female Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

442
Female Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

550
Bear Recurve Bow
No string.

551
Ranger Darton Super Flite Recurve Bow
No. 13592, 58", 45-50 pounds, no string

552
Bear Recurve Bow
With string.

553
Daisy Model 131 Pellet Gun
177 caliber, break barrel

554
TF Pellet Gun
177 caliber, break barrel

555
Sears Roebuck Model 60 22 L.R.
No. 273, 528132, semi automatic, Bushnell scope

556
Remington Model 522 Viper 22 L.R.
No. 3111160, semi automatic

557
Winchester Model 1902-22 Short, Long, or L.R.
August 29th, 1899, single shot

558
Springfield Single Shot 12 Gauge
.

559
Harrington and Richardson 20 Gauge Youth Slug Hunter
Serial # HR290277, 3" rifled bore, Shooters Edge 3-9x32 scope,

560
Harrington and Richardson 20 Gauge Slug Hunter
Serial # HN270603, 3" rifled bore, BSA 1.5-4.5 x 32 scope

561
New England Huntsman 50 Caliber Muzzleloader
Serial # NT353546, Simmons 3-9x32 scope

562
Thompson Center 45 Caliber Cherokee Muzzleloader
No. 13353, Leupold Vari-x 3, 1.75 x 6 scope

563
Connecticut Valley 50 Caliber Blazer Muzzleloader
No. 8567962

564
Stevens M301 Shotgun
410 Ga, Ser# 181412K, Turkey Choke, 2 1/2-3" shells, Good Condition

565
Ruger American Rifle
308 Ca., Bolt action, Ser# 696-14555, New in the Box!

566
Remington Model 700
308 Ca., Bolt Action, Ser# RR69820K, New in the box!

567
Mission Menace Compound Bow
17"-30" draw length, 35-55 lb. draw, Truglo sight, Whisker Biscuit, 4 Beman arrows and quiver

568
Bowtech VFT Compound Bow
60-70 lb., 28" draw length, includes 8 Beman arrows, release, and hard case

569
Diamond Outlaw Compound Bow
W/ Carrying Case, Quiver and Arrows, Sights, Brace Height 7", Draw Length 26.5"- 30.5", Draw Weight 40lbs-70lbs, IBO Speed 330 fps, Weight 3.8, Good Condition

570
12' Aluminum Boat
W/trailer, lights, 3 Seats, No Motor, Good Condition

571
12' Aluminum Boat
3 seats, including trailer with lights, no motor

572
Big Game Tree Stand
18', two seater, good condition

573
Camo Hunting Blind
Octagon shape, 5-windows, Good Condition

574
Camo Hunting Blind
Octagon Shape, 5-windows, Good Condition

600
2001 LT 40 Super Hydraulic Portable Wood-Mizer
VIN 456C624111NJJ3949, model V1505-TE, 1.5L, Accuset 2 setworks, meter reads 5700 hours, hydraulic log lift, Kubota diesel engine, includes hydraulic unit powered by Honda gas engine, good working condition

600A
Woodmizer Band Sharpener
Model 016706, auto sharp control, 12 V operated, good condition

600B
Suffolk Tooth Setter
Model DTS-03, serial # 10856, good condition

600C
Bandsaw Bands
13' 2" long x 1 1/4", approximately 40 pieces

600D
Brewco Upcut Saw*
Speed Cut, 9' Infeed, 5' Outfeed, W/Foot Pedal, Working Condition

601
JLG 6036 Skytrak
Ser# 0160019821, meter reads 9121 hrs, 6,000 lb Lift, Open Cab, Max Lift Height 36', Max Reach 22'.4", Cummins engine, Good Condition

602
Allis Chalmers 840 Loader
Runs and operates, center pins are good, Perkins diesel, includes forks and bucket

603
Ford 335 Tractor with Front End Loader
Meter reads 1181 hours, 3 point hitch, includes 70" bucket

603A
46" Forks For Ford Tractor
.

604
CAT 60 Forklift
Model GP-30, serial # 7AM04894, 3 stage, LP gas, short mast, side shift, 5800 lb. lift, meter reads 10,454 hours, good front tires

605
Nissan Forklift
Model CPJ02A25PV, optimum 50, LP gas, 3 stage, side shift, tilt, light, short mast, meter reads 28,425 hours, 4400 lb. lift, 42" forks

606
Cat Forklift
Model GC-20, Ser# 4EM-00209, 4000LB Lift, Lp Gas, meter reads 3135 hrs, 3-Stage Mast , Side Shift, Short Mast, Led Lights, Tank Not Included, Will be running at Auction Time

607
Clark ForkLift
Ser# C3DB760-463, Lp Gas, meter reads 2820 Hrs, 3-stage Mast, Side Shift, 3000 lb Lift, Will be running at Auction Time.

608
Clark ForkLift
Model ECG25, Ser# ECG358-320-6754, 5000 LB Lift, Side Shift, 36 volt, hrs unknown, Dead Batteries.

608A
6' Fork Extensions
5 1/2" inside, good condition

608B
16' Utility Trailer
6.5' wide, lights, has title, no ramps

609
Kubota Diesel Engine
V1505-E, 2466 on the meter, electric start, with fuel tank, runs good, approximately 35 Hp, 4 cylinder

610
Deutz Diesel Engine
4 cylinder, Hp unknown, less than 500 hours since rebuilt

611
Deutz Diesel Engine
Serial # 7021063, 83 HP, 5 cylinder, 3537 hours since rebuilt, twin disc clutch

612
Air Compressor
.

613
Diesel Engine
3 cylinder

614
Hydraulic Tank
Hydraulic power unit on frame 36" x 78", hydraulic pump, line shaft 30" x 36" x 18" H, no drive

615
County Line 28 Ton Log Splitter
Model 2152374, serial # 1I0613614, Honda gas engine, good condition

616
Stihl Chain Saw
026, 49 cc, 16" bar

617
Stihl Chain Saw
Wood Boss 024 AV, electronic quickstop, 16" bar

618
Antique Drill Press
Serial # 67, Prentice Bros, Worcester Mass, no drive, works

618A
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8", or 3/4" banding

618B
manuel sealless strapping tool

619
Uline Metal Banding Cart
Comes with 3/4" banding, good condition

620
Banding Tools
Banding tool, crimper, good condition

621
Dock Plate
34" x 84", aluminum

622
Double Skate Rollers
52" x 96", 24" x 2 1/2" rolls

623
Metal Band Saw
.

624
Galaxy Power Hacksaw
Electric Drive, 14" blade

625
Skid of Bostitch Nails
2 1/2" 8D, 6,000 per box, 6 boxes

626
Skid of Nails
3 x 120, 3" x .113, 3 boxes at 6000 per box, 8 boxes at 5000 per box

627
Skid of Bostitch Nails
3 1/4 x .120", 2,700 per box, 9 boxes

628
Skid of Air Drive Nails
2 1/2 x 099 screw Blunt Diamond, 9,000 per box, 10 boxes

629
Hydraulic Press
.

630
Hydraulic Press
.

631
Wrenches
.

632
1" Air Impact
.

633
1" Pittsburg Socket Set
.

634
Socket Set
.

635
Portable Hydraulic Unit
13 HP Honda gas engine

635A
Portable Air Compressor
Twin Tank Ingersoll-Rand Air Compressor, W/ Honda Engine,

635B
Juki Sewing Machine
electric powered w/ pedal switch, W/ cabinet, Good Condition

636
Fairbanks Scale
w/ weights, 1000lb scale, working Condition

637
8" Chiuting Jointer
Model CT-200, Ser# 7485, no drive.

638
Delta Hydraulic Chop Saw
12" Blade, Good Condition

638A
Bobcat Auger Attachment
Quick Attach, 18" Bit, Good Condition

639
One Horse Open Sleigh
Needs some work

640
Craftsmans Table Saw
10", W/ 5 hp Honda Engine G200, Good Condition

641
Hyd Unit
for 3-point Hitch, PTO Pump, Working Condition

642
Bil-Jax Scaffolding
3-sets, 5' overall Height, 4700 lb load cap. one set of bracing missing, Good Condition

643
Werner Walk Board
14" x 24' Long, Good Condition

644
Wood Indoor Boiler
Menominee, Works

645
choice stack by the foot oak

646
lumber

647
lumber

648
lumber oak

649
lumber

650
cedar lumber

651
cedar lumber

652
cedar lumber

653
cedar lumber

654
cedar lumber

655
drying sticks

656
lumber poplar

657
lumber

658
lumber

659
lumber

660
lumber

661
lumber

662
lumber

663
misc. lumber

664
lumber applewood

665
lumber

666
lumber pine

667
lumber pine

668
lumber 2 x 4 x 16

669
lumber pine

670
wood lathe

671

672
sander

673
chop saw

674
propane tanks

675
table saw

676
dewalt chopsaw

677
metal cabinet

678
tiller

679
freezer and freeon unit

680
racks

681
racks

682
batteries

683
batteries

684
heater

685
planter

686
lawn mower

687
lawn mower

688
snow blower

689
interior doors

690
steel frame

691
3point forks

692
rabbit cages

693
rabbit w/cage

694
rabbit w/cage buck

695
feeders and waters

696
lumber

697
lumber

698
fork stop

699
garage door panels

700
black pipe

701
shaft

702
belt

703
steel

704
wheels

705
welder

706
line shaft

707
big tarp

708
skate rollers

709
skate rollers

710
blower pipe

711
wheels

712
tires

713
stainless steel chimney pipe

714
box misc

715
pipe

716
pvc

717
tub of halters and blanket

718
saddle

719
saddle

720
riding bridle

721
harness

722
harness

723
double pole

724
double pole

725
double driving reines

726
shafts

727
cart

728
walking plow

729
cart and harness

730
surrey

731
single seater buggy

732
fuji bike

733
jamis

734
fuji bike no carrier

735
gt bike with front basket

736
green schwin bike

737
blue schwin bike

738
lp tank

739
wheelbarrow

740
cart

741
barrows

742
barrows

743
barrows

744
barrows

745
inner tube

746
potatoe bags

747
charge controller

748
radiators

749
wheels

750
skid misc

751
cider press

752
cement mixer

753
trash barrel

754
screen, table, stand

755
crates

756
chicken netting

757
wheelbarrow

758
wrought iron

759
3 point weight

760
trailer mover

761
banding

762
lumber rack

763
blower

764
belt conveyor

765
log splitter

766
hoses & etc

767
notcher

768
skid of pulleys

769
skid of pulleys

770
cedar stakes

771
skid of belts

772
metal

773
resaw

774
bandsaw blades

775
bandsaw blades

776
choice skid

777
fuel tank

778
skid with hyd. motor and electric motor

779
choice skid

779*1
choice skid

780
2 skids

781
kiln set-up

782
lp gas stove

783
hyd. tank

784
welding table

785
OSB
Gallery Images Loading, Please Wait...
  • Home
  • Hire an Auction Company
  • Add Your Auction Company
  • Member Login
  • Contact Us
  • Desktop Site
Return
Fremont Michigan
 Live Auction
 
Auction Date(s)
Thursday Apr 29, 2021 Completed
Friday Apr 30, 2021 Completed
Auction Location

Fremont, MI 49412
Company
Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
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.

 
Retirement sale including, Wood-Mizer LT 40, Skytrac, multiple forklifts, log splitter, chain saws, guns, bows, household items and much more. Live phone and online bidding available. Call Myron @ 574.229.4341 to consign for free marketing.

00
Information Lot
We will begin the auction at 10 AM with uncatalogued smalls. Will start the online portion of the sale around noon. Uncatalogued includes- lots of fishing lures, line, bobbers etc. antique fishing lures, household items, pony cart and harness, buggy and much more.

1
vise

2
socket set

3
12 in.cylinder

4

5
wrenches

6
anti freeze 4 gal

7
shoeing stand

8
motor oil & lube

9
lp tank

10
Selling to onsite crowd only
.

11
pile with Nate on wagon

12
filters

13
hydrant

14
dove tailed jig porter cable

15
buggy jack

16
air tool oil

17
open end wrenches

18
open end wrenches

19
air cylinder

20
choice bird house

21
barn door latch, tubing & tool

22
choice clamps

23
tool box

24
wire, hack saw

25
honda motor 2.2hp

26
20ton jack

27
tool bucket

28
ratchet straps, ax

29
air tool

30
air motor, cylinders

31
panasonic drills with

32
cant hook

33
cant hook

34
choice on wagon

35
can

36
pipe fittings

37
choice

38
choice

39
choice

40
choice

41
choice corner

42
gas cans

43
minnow buckets

44
leather cutter

45
straps

46
transit

47
blades

48
leather

49
choice box

50
choice

51
choice

52
hog scrapers

53
choice

54
grease

55
choice

56
choice

57
tightener

58
choice

59
choice

60
choice

61
pile

62
air hose

63
belts

64
hoe backs

65
pvc pipe fittings

66
choice

67
gas cans

68
choice

69
choice

70
choice

71
choice

72
choice

73
choice

74
choice

645

75
choice

76
choice

77
tools

78
hydro oil

79
choice cross cut saw

80
anti freeze

81
anvil

82
choice

83
vise

84
shovel

85
shovels

86
rollerchain with tool

87
12volt shocker

88
tree trimming safety vest

89
shovels

90
choice

91
feeders and netting

92
honda motor

93
honda motor and anvil

94
heaters and fans

95
sledge

96
spade

97
rakes

98
gas engine new

99
bucket of bio

100
tarp

101
choice

102
load tester

103
3 boxes

104
new teeth for circle saw and tool

105
choice

106
choice

107
choice

108
choice

109
choice

110
straps

111
hyd. motor mount

112
50 watt panel

113
belts

114
7 horse shoes

115
misc box

116
steel

117
choice

118
choice

119
pile

120
heater and fans

121
doddy stook

122
chain binders

123
choice pile

124
choice

125
pile

126
sprayer

127
cant hook

128
cant hook

129
corner of wagon

130
peg board

131
organiser loaded

132
organiser loaded

133
table 2 chairs

134
hutch

135
kitchen range

136
choice chair

137
choice chair

138
desk

139
chair

140
refrigerator

141
refrigerator

142
choice lamp

143
choice lamp

144
honey

145
honey

146
honey

147
honey

148
honey

149
honey

150
honey

151
honey

152
honey

153
honey

154
china hutch

155
bed frame

156
14 x 12 screen house

157
night stand

158
lp stove

159
canner

160
hand crank grinders

161
round table

162
card table chairs

163
complete bed

164
complete bed

165
choice leidersammlung book

166
china

167
strainer

168
bed sheets

169
bed sheets

170
table

171
1/2 bed frame

172
chairs

173
grill

174
1/2 bed

175
office chair

176
hutch

177
chairs

178
lamps

179
lamps

180
desk

181
heaters

182
fishing rod

183
fishing rod

184
fishing rod

185
fishing rod

186
trolling motor

187
tackle box

188
tackle box

189
tackle box and life jackets

190
4 lures

191
tree climber

192
tree stank and camping chair

193
tackle

194
tackle

195
tackle

196
tackle

197
tackle

198
tackle

199
hooks

200
hooks

201
hooks

202
hooks

203
hooks

204
hooks

205
hooks 5 or 8 lb

206
hooks 5 or 8 lb

207
hooks 5 or 8 lb

208
tackle

209
tackle

210
tackle

211
tackle

212
tackle

213
tackle

214
tackle

215
tackle

216
tackle bobbers

217
line or bobbers

218
line or bobbers

219
digital scales

220
chalk line

221
hooks

222
lines

223
lines

224
lines

225
lines

226
lines

227
lures

228
lures

229
lures

230
lures

231
lures

232
lures

233
lures

234
tackle loaded box

300
walking stick

301
walking stick

302
canoe

303
canoe

305
kayak

306
canoe

309
WRECHES

440
Male Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

441
Female Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

442
Female Puppy
Mini Poodle, Rat Terrier, Chihuahua cross, will be 5 weeks old by auction time, ready to pick up by May 20th, no shots.

550
Bear Recurve Bow
No string.

551
Ranger Darton Super Flite Recurve Bow
No. 13592, 58", 45-50 pounds, no string

552
Bear Recurve Bow
With string.

553
Daisy Model 131 Pellet Gun
177 caliber, break barrel

554
TF Pellet Gun
177 caliber, break barrel

555
Sears Roebuck Model 60 22 L.R.
No. 273, 528132, semi automatic, Bushnell scope

556
Remington Model 522 Viper 22 L.R.
No. 3111160, semi automatic

557
Winchester Model 1902-22 Short, Long, or L.R.
August 29th, 1899, single shot

558
Springfield Single Shot 12 Gauge
.

559
Harrington and Richardson 20 Gauge Youth Slug Hunter
Serial # HR290277, 3" rifled bore, Shooters Edge 3-9x32 scope,

560
Harrington and Richardson 20 Gauge Slug Hunter
Serial # HN270603, 3" rifled bore, BSA 1.5-4.5 x 32 scope

561
New England Huntsman 50 Caliber Muzzleloader
Serial # NT353546, Simmons 3-9x32 scope

562
Thompson Center 45 Caliber Cherokee Muzzleloader
No. 13353, Leupold Vari-x 3, 1.75 x 6 scope

563
Connecticut Valley 50 Caliber Blazer Muzzleloader
No. 8567962

564
Stevens M301 Shotgun
410 Ga, Ser# 181412K, Turkey Choke, 2 1/2-3" shells, Good Condition

565
Ruger American Rifle
308 Ca., Bolt action, Ser# 696-14555, New in the Box!

566
Remington Model 700
308 Ca., Bolt Action, Ser# RR69820K, New in the box!

567
Mission Menace Compound Bow
17"-30" draw length, 35-55 lb. draw, Truglo sight, Whisker Biscuit, 4 Beman arrows and quiver

568
Bowtech VFT Compound Bow
60-70 lb., 28" draw length, includes 8 Beman arrows, release, and hard case

569
Diamond Outlaw Compound Bow
W/ Carrying Case, Quiver and Arrows, Sights, Brace Height 7", Draw Length 26.5"- 30.5", Draw Weight 40lbs-70lbs, IBO Speed 330 fps, Weight 3.8, Good Condition

570
12' Aluminum Boat
W/trailer, lights, 3 Seats, No Motor, Good Condition

571
12' Aluminum Boat
3 seats, including trailer with lights, no motor

572
Big Game Tree Stand
18', two seater, good condition

573
Camo Hunting Blind
Octagon shape, 5-windows, Good Condition

574
Camo Hunting Blind
Octagon Shape, 5-windows, Good Condition

600
2001 LT 40 Super Hydraulic Portable Wood-Mizer
VIN 456C624111NJJ3949, model V1505-TE, 1.5L, Accuset 2 setworks, meter reads 5700 hours, hydraulic log lift, Kubota diesel engine, includes hydraulic unit powered by Honda gas engine, good working condition

600A
Woodmizer Band Sharpener
Model 016706, auto sharp control, 12 V operated, good condition

600B
Suffolk Tooth Setter
Model DTS-03, serial # 10856, good condition

600C
Bandsaw Bands
13' 2" long x 1 1/4", approximately 40 pieces

600D
Brewco Upcut Saw*
Speed Cut, 9' Infeed, 5' Outfeed, W/Foot Pedal, Working Condition

601
JLG 6036 Skytrak
Ser# 0160019821, meter reads 9121 hrs, 6,000 lb Lift, Open Cab, Max Lift Height 36', Max Reach 22'.4", Cummins engine, Good Condition

602
Allis Chalmers 840 Loader
Runs and operates, center pins are good, Perkins diesel, includes forks and bucket

603
Ford 335 Tractor with Front End Loader
Meter reads 1181 hours, 3 point hitch, includes 70" bucket

603A
46" Forks For Ford Tractor
.

604
CAT 60 Forklift
Model GP-30, serial # 7AM04894, 3 stage, LP gas, short mast, side shift, 5800 lb. lift, meter reads 10,454 hours, good front tires

605
Nissan Forklift
Model CPJ02A25PV, optimum 50, LP gas, 3 stage, side shift, tilt, light, short mast, meter reads 28,425 hours, 4400 lb. lift, 42" forks

606
Cat Forklift
Model GC-20, Ser# 4EM-00209, 4000LB Lift, Lp Gas, meter reads 3135 hrs, 3-Stage Mast , Side Shift, Short Mast, Led Lights, Tank Not Included, Will be running at Auction Time

607
Clark ForkLift
Ser# C3DB760-463, Lp Gas, meter reads 2820 Hrs, 3-stage Mast, Side Shift, 3000 lb Lift, Will be running at Auction Time.

608
Clark ForkLift
Model ECG25, Ser# ECG358-320-6754, 5000 LB Lift, Side Shift, 36 volt, hrs unknown, Dead Batteries.

608A
6' Fork Extensions
5 1/2" inside, good condition

608B
16' Utility Trailer
6.5' wide, lights, has title, no ramps

609
Kubota Diesel Engine
V1505-E, 2466 on the meter, electric start, with fuel tank, runs good, approximately 35 Hp, 4 cylinder

610
Deutz Diesel Engine
4 cylinder, Hp unknown, less than 500 hours since rebuilt

611
Deutz Diesel Engine
Serial # 7021063, 83 HP, 5 cylinder, 3537 hours since rebuilt, twin disc clutch

612
Air Compressor
.

613
Diesel Engine
3 cylinder

614
Hydraulic Tank
Hydraulic power unit on frame 36" x 78", hydraulic pump, line shaft 30" x 36" x 18" H, no drive

615
County Line 28 Ton Log Splitter
Model 2152374, serial # 1I0613614, Honda gas engine, good condition

616
Stihl Chain Saw
026, 49 cc, 16" bar

617
Stihl Chain Saw
Wood Boss 024 AV, electronic quickstop, 16" bar

618
Antique Drill Press
Serial # 67, Prentice Bros, Worcester Mass, no drive, works

618A
Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8", or 3/4" banding

618B
manuel sealless strapping tool

619
Uline Metal Banding Cart
Comes with 3/4" banding, good condition

620
Banding Tools
Banding tool, crimper, good condition

621
Dock Plate
34" x 84", aluminum

622
Double Skate Rollers
52" x 96", 24" x 2 1/2" rolls

623
Metal Band Saw
.

624
Galaxy Power Hacksaw
Electric Drive, 14" blade

625
Skid of Bostitch Nails
2 1/2" 8D, 6,000 per box, 6 boxes

626
Skid of Nails
3 x 120, 3" x .113, 3 boxes at 6000 per box, 8 boxes at 5000 per box

627
Skid of Bostitch Nails
3 1/4 x .120", 2,700 per box, 9 boxes

628
Skid of Air Drive Nails
2 1/2 x 099 screw Blunt Diamond, 9,000 per box, 10 boxes

629
Hydraulic Press
.

630
Hydraulic Press
.

631
Wrenches
.

632
1" Air Impact
.

633
1" Pittsburg Socket Set
.

634
Socket Set
.

635
Portable Hydraulic Unit
13 HP Honda gas engine

635A
Portable Air Compressor
Twin Tank Ingersoll-Rand Air Compressor, W/ Honda Engine,

635B
Juki Sewing Machine
electric powered w/ pedal switch, W/ cabinet, Good Condition

636
Fairbanks Scale
w/ weights, 1000lb scale, working Condition

637
8" Chiuting Jointer
Model CT-200, Ser# 7485, no drive.

638
Delta Hydraulic Chop Saw
12" Blade, Good Condition

638A
Bobcat Auger Attachment
Quick Attach, 18" Bit, Good Condition

639
One Horse Open Sleigh
Needs some work

640
Craftsmans Table Saw
10", W/ 5 hp Honda Engine G200, Good Condition

641
Hyd Unit
for 3-point Hitch, PTO Pump, Working Condition

642
Bil-Jax Scaffolding
3-sets, 5' overall Height, 4700 lb load cap. one set of bracing missing, Good Condition

643
Werner Walk Board
14" x 24' Long, Good Condition

644
Wood Indoor Boiler
Menominee, Works

645
choice stack by the foot oak

646
lumber

647
lumber

648
lumber oak

649
lumber

650
cedar lumber

651
cedar lumber

652
cedar lumber

653
cedar lumber

654
cedar lumber

655
drying sticks

656
lumber poplar

657
lumber

658
lumber

659
lumber

660
lumber

661
lumber

662
lumber

663
misc. lumber

664
lumber applewood

665
lumber

666
lumber pine

667
lumber pine

668
lumber 2 x 4 x 16

669
lumber pine

670
wood lathe

671

672
sander

673
chop saw

674
propane tanks

675
table saw

676
dewalt chopsaw

677
metal cabinet

678
tiller

679
freezer and freeon unit

680
racks

681
racks

682
batteries

683
batteries

684
heater

685
planter

686
lawn mower

687
lawn mower

688
snow blower

689
interior doors

690
steel frame

691
3point forks

692
rabbit cages

693
rabbit w/cage

694
rabbit w/cage buck

695
feeders and waters

696
lumber

697
lumber

698
fork stop

699
garage door panels

700
black pipe

701
shaft

702
belt

703
steel

704
wheels

705
welder

706
line shaft

707
big tarp

708
skate rollers

709
skate rollers

710
blower pipe

711
wheels

712
tires

713
stainless steel chimney pipe

714
box misc

715
pipe

716
pvc

717
tub of halters and blanket

718
saddle

719
saddle

720
riding bridle

721
harness

722
harness

723
double pole

724
double pole

725
double driving reines

726
shafts

727
cart

728
walking plow

729
cart and harness

730
surrey

731
single seater buggy

732
fuji bike

733
jamis

734
fuji bike no carrier

735
gt bike with front basket

736
green schwin bike

737
blue schwin bike

738
lp tank

739
wheelbarrow

740
cart

741
barrows

742
barrows

743
barrows

744
barrows

745
inner tube

746
potatoe bags

747
charge controller

748
radiators

749
wheels

750
skid misc

751
cider press

752
cement mixer

753
trash barrel

754
screen, table, stand

755
crates

756
chicken netting

757
wheelbarrow

758
wrought iron

759
3 point weight

760
trailer mover

761
banding

762
lumber rack

763
blower

764
belt conveyor

765
log splitter

766
hoses & etc

767
notcher

768
skid of pulleys

769
skid of pulleys

770
cedar stakes

771
skid of belts

772
metal

773
resaw

774
bandsaw blades

775
bandsaw blades

776
choice skid

777
fuel tank

778
skid with hyd. motor and electric motor

779
choice skid

779*1
choice skid

780
2 skids

781
kiln set-up

782
lp gas stove

783
hyd. tank

784
welding table

785
OSB