BIDDER TERMS & CONDITIONS: PLACING A BID AT THIS AUCTION, SIGNIFIES YOUR AGREEMENT TO THE FOLLOWING TERMS & CONDITIONS: Terms of the sale are cash. Every animal will be sold to the highest bidder. Announced changes on sale day take precedence over printed material in this sale book. Cattle sell under the standard terms and conditions of their respective breed associations. All cattle are the buyer's property as soon as sold and will be cared for a reasonable length of time at the buyer's risk. Any person attending the sale does so at their own risk. Neither the sale management, owners, not any person connected with this sale, assumes any liability, legal or otherwise. All animals listed in the sale book as homozygous black or homozygous polled are done so to the best of our knowledge. We are not liable for any inaccuracies. No cattle will be loaded until paid in full. Any reference to this sale as an auction shall be construed as to mean a segment of an ongoing online auction for this entity. Therefore, the word "auction" contained herein, refers to an auction segment in a series of auction segments controlled by a master online auction contract for the seller. Enyeart Auction & Realty LLC is contracted by the seller to sell the items subject to this sale and is not itself the owner of any of these items. Auctioneer: Daniel W. Enyeart w/ Enyeart Auction & Realty LLC HERD HEALTH: Herd health managed by Dr. Jefferey Sparks, DVM. Health papers for interstate travel will be available. BULL WARRANTY: Each bull carries a 100% guarantee for one breeding season, not to exceed 90 days, provided the bull is managed properly and is in acceptable nutritional health. In the event of an issue during the bull's first breeding season, please contact us immediately. SEMEN INTEREST: Retaining 1/2 semen interest on bulls selling for less than $20,000. Retaining 1/3 semen interest for bulls that sale for more than $20,000. REGISTRATION AND TRANSFER: Registration certificates will be transferred to buyers upon request at the seller's expense. When making settlement, buyers must give complete written name and address information for making transfers. BUYER'S PREMIUM: 3% PAYMENT DUE DATE: March 13th, 2021, hereinafter referred to as PAYMENT DUE DATE, is the final date we will accept payment for your invoice. Please see below for payment instructions. PREVIEW DATE(s) & TIME(s): We invite you to come to the farm ahead of sale to look through the offering and if you have questions please call George Schupback @ 660-621-0121. CHECKOUT DATE & TIME: PAYMENT IS DUE IMMEDIATELY FOLLOWING THE AUCTION. You will receive an invoice at the email you have on file with HiBid®. Enyeart Auction & Realty LLC will do its best to get invoices emailed to you the day of the auction. However, late running auctions may cause a delay in receiving your invoice to the next business day. DELIVERY AND/OR PICKUP: Bulls will be delivered in-state free of charge. 2-year-old bulls and heifer pairs will be delivered immediately after the sale. Yearling and 18-month-old bulls will be kept free of charge until April 15, with delivery arrangements made shortly thereafter. AUCTION LOCATION: 25935 Hwy 5, Keytesville, MO 65261 PARTICIPATION REQUIREMENTS: Valid Credit Card required for bidding approval even though credit card may not be accepted as a payment option in this auction. It is necessary for HiBid 's dentification purposes. PAYMENT OPTIONS: Check, Money Order, Wire Transfer, and Cash. Payment Instructions: A valid Credit Card is required for registration. FOREIGN BUYERS: Wire Transfer Currency Type: USD SPECIAL TERMS OF SALE: YOUR PURCHASE IS NOT CONTINGENT UPON FINANCING. DO NOT BID UNLESS YOU HAVE THE FUNDS TO PAY FOR YOUR PURCHASE ALL ITEMS SOLD "AS IS - WHERE IS" WITH NO WARRANTY EXPRESSED OR IMPLIED BIDDING: Bidding on an item will be considered sufficient evidence that a bidder accepts all conditions set forth in these BIDDER TERMS & CONDITIONS. The Auctioneer has the authority to accept or reject any or all bids. The Auctioneer's decisions are final. BIDDER AGREEMENT: In the event that you are the high bidder, by the act of bidding you hereby agree to purchase the item for the total purchase amount of the last (high) bid plus the buyer's premium plus all taxes. You further agree that ANY STOP PAYMENT OF A CHECK OR WIRE TRANSFER, STOP PAYMENT ON YOUR CHARGE CARD, OR GIVING A CHECK THAT IS RETURNED FOR INSUFFICIENT FUNDS SHALL BE IN ITSELF PRIMA FACIE EVIDENCE OF FRAUD EXISTING AT THE TIME THE OF THE TRANSACTION; EITHER OF THESE ACTIONS SHALL BE CONSTRUED BY THE PARTIES AS AN INTENT TO DEFRAUD IN ORDER TO CONSUMMATE THE TRANSACTION. You also agree that Enyeart Auction & Realty LLC is entitled to receive any and all fees or commissions outlined in these Terms & Conditions, on any item sold, due to or presented at an auction event, and up to 30 days thereafter. MERCHANDISE: All items are sold "As-is, Where-is" with no warranty express or implied. We do our best in describing items. However, no items are guaranteed. Time will be made available prior to each Auction Segment for a preview of the items to be sold. It is the buyer's responsibility to carefully inspect the items prior to the Auction Segment. Most items offered for sale are used and may contain defects not immediately detectable. Bidders are encouraged to inspect the items prior to bidding. Mechanic inspections may be arranged by appointment. Otherwise, bidders must adhere to the inspection dates and times indicated in the item description. ALL SALES ARE FINAL. There is no "Cooling Off Period." If you are the high bidder, ownership changes hands immediately upon the auctioneer, or online bidding platform saying "SOLD". At that point, you own the item and are responsible for payment in full. Enyeart Auction & Realty is not responsible for lost, stolen or damaged items. DESCRIPTIONS AND PHOTOGRAPHS: Item descriptions or photographs are not to be used in lieu of a personal inspection. Information provided in descriptions are from sources deemed reliable but are not guaranteed. Bidders are encouraged to inspect the items. DEFAULT OF PURCHASER: In the event that the auction is closed with a defaulting purchaser, in addition to asserting all remedies available by law, Enyeart Auction & Realty may take any or all of the following actions: the cancellation of the sale, holding the defaulting purchaser liable for the purchase price, retaining as liquidated damages any payment made by the defaulting purchaser, reselling the item(s) without reserve at public auction, privately selling the item(s) after giving seven (7) days' notice to the defaulting purchaser, or by taking other action(s) that Enyeart Auction & Realty deems necessary or appropriate. If Enyeart Auction & Realty resells the item(s), the original defaulting purchaser shall be liable for the payment of any deficiency in the purchase price and all costs and expenses, including storage, the expense of both sales, reasonable attorney's fees, commission, incidental damage, and all charges or fees due. In the event that such purchaser pays a portion of the purchase price for any or all items purchased, Enyeart Auction & Realty shall apply the payment received to such item(s) that Enyeart Auction & Realty, in its sole discretion, deems appropriate. Any defaulting purchaser will be deemed to have granted Enyeart Auction & Realty a security interest in, the item(s). Enyeart Auction & Realty may retain as collateral security for the obligations of the defaulting purchaser to Enyeart Auction & Realty any property in Enyeart Auction & Realty's possession owned by such a defaulting purchaser. REGISTRATION: Registration is required in order to bid at any Enyeart Auction & Realty Auction. This registration includes your name, address, phone number, email address, state issued Identification or Driver's License. Since the act of bidding at an Auction creates a binding contract, the giving of false registration information may constitute an act of fraud. INVOICING OF ITEMS PURCHASED WILL BE DONE ACCORDING TO THE INFORMATION GIVEN TO US AT THE TIME OF REGISTRATION - NO EXCEPTIONS. BY REGISTERING TO BID, YOU CERTIFY THAT YOU UNDERSTAND THAT YOU ARE THE PURCHASER OF ANY WINNING BID MADE WITH YOUR BIDDER NUMBER. By registering to bid you also agree to be added to our email list, you do have the option to opt-out after you receive the first email. REMOVAL OF LOTS FROM A SALE: Enyeart Auction & Realty will make all reasonable efforts to have all items advertised, available for sale. However, there may come an occasion that an item must be removed from the sale. Enyeart Auction & Realty assumes no liability for damages incurred by the removal of an item from a sale. RESERVE: Some items may be sold with a Reserve or Minimum Bid. If an item is offered with a reserve, the auctioneer may bid on behalf of the seller until the reserve is met. If the reserve is not met, Enyeart Auction & Realty LLC will submit the highest actual bid as an "offer" to the seller for their acceptance. ONLINE BIDDING: Using an online bidding service, a bidder must in addition to accepting and following the terms outlined herein, accept and follow the Terms & Conditions set forth by the online bidding service. Enyeart Auction & Realty LLC assumes no liability for damages incurred by the failure or disruption of online services. LIABILITY: By Bidding, the Bidder agrees to hold Enyeart Auction & Realty LLC and the Auctioneer harmless for errors & omissions. Further, the Bidder agrees to hold Enyeart Auction & Realty and the Auctioneer harmless, as agents of the seller, for issues arising from the transfer of title of goods purchased. DISPUTES: Should any dispute arise after the sale; the auctioneer's records shall be conclusive in all respects. ARBITRATION: In the event that a dispute arises from an Auction under the terms herein, the Bidder agrees to resolve the dispute through Binding Arbitration, whereby the prevailing party is entitled to reimbursement of their legal fees by the opposing party. LITIGATION: Any litigation brought forward by bidder/purchaser will be against seller. Enyeart Auction & Realty is merely performing an auction service and does not own the property. Upon litigation, bidder/purchaser will not be entitled recovery of fees earned by Enyeart Auction & Realty duly performing its service. VENUE: By bidding in this auction the bidder agrees that the contract created by these conditions of sale is made and performed in the county and state where the items are located. Any dispute arising from this auction will be resolved in, and under the laws of the County and State where the Auction was conducted. SEVERABILITY: The Bidder agrees that if any portion of these terms is deemed unenforceable or invalid, the remainder of the terms shall remain enforceable and valid.