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Auction Terms & Conditions Online 10% Any announcements sale day supercede any and all previous announcements and advertising. All items sold "as is' where is with no warranties/guarantees expressed or implied/ All online purchases are to be settled within 48 hours of conclusion of auction and upon receipt of invoice to successful bidder. Settlement methods include: 1) Bank wire transfer, 2) All major credit cards for purchases up to 5K ,Certified funds or cash in person. . Personal or business checks accepted with bank letter of guarantee ( See example st www.bidderupauctioneers.com ) Payment is due within 48 hours of invoicing. Please contact auction company for wire transfer information (405-401-8327/405-698-8250) No items can be removed until settled, Removal within 10 days unless prior arrangements have been made with Auctioneer. NO EXCEPTIONS. Credit Card may be charged if bidder fails to settle items purchased. All information is taken from sources believed to be reliable; however, no guarantee is made by the auction company, any agent of the auction company, nor the auction companies employer. Buyers should satisfy themselves as to size, condition, etc. prior to the day of the auction. Any announcements made the day of the auction supersede all advertising. Online bidders understand that neither the auction company nor the seller are responsible in the event of lost or delayed signal. If you click bid and are the high bidder, you are subject to the full Buyers Premium regardless of your position as a seller or buyer on that item or other items. Every successful participant pays the Buyers Premium. ---------------------------------- BIDDER-UP AUCTIONEERS TERMS OF SERVICE ' Bidder-Up Auctioneers Inc., an Oklahoma Corporation is domiciled in Oklahoma at 2932 NW 122nd St., Ste 26, Oklahoma City, Oklahoma. Telephone contact is 405-600-1016, Faxcimsile 405-753-5425. Supervising broker is Loy Gooszen and may be reached at 405-401-8327. AR License #2876. Broker #PB00094675. Changes in auction terms, conditions and revisions supercede any other form of communication and are made at the start of auction As a registered bidder, I hereby agree to abide by the Terms and Conditions outlined hereafter. I also agree to pay, and authorize the payment of, any applicable fees outlined in this document due to my negligence and or default. GENERAL INFORMATION: Please read the following terms and conditions carefully as they are a legal binding contract between you (the Bidder) and Bidder-Up Auction and Realty INC. To register and bid in this auction you must agree to these terms and are bound by them as a bidder. Please be aware that these terms are GENERAL INFORMATION for all auction listings and special terms can apply. When such Special Terms apply, we do our best to outline those in an Information lot at the beginning of the auction catalog. All items are sold AS IS, WHERE IS, with NO WARRANTY expressed or implied. It is the responsibility of the buyer to determine the condition of the items, based on photos and descriptions, and bid accordingly. All items must be considered used or previously owned. No refunds will be issued. Please compare description and photos. It is our intent to describe and photo the majority of items included in that lot. However, there are items when that cannot happen. If you have questions regarding a specific item that affects your final bid, please call the office. Once you place and confirm a bid through our bidding platform, you cannot remove or lower a bid. No bids will be removed once they have been placed. Due diligence is the responsibility of you (the Bidder). All sales are final. When the bidding ends on our website and you are the high bidder, you then assume complete responsibility for care of each purchase at time of sale. We reserve the right to refuse service to anyone bidding, buying, selling and/or at pick up. The most recent correspondence with buyers via email or our website take precedence over written material and any prior verbal statements. The auction company is not responsible for accidents, thefts, errors or omissions. The auctioneer reserves the right to add or remove items from the auction; split or combine lots; add minimum bids or reserve prices. The auctioneer reserves the right to cancel, suspend, extend or reschedule an individual item and or auction event or to make changes to the auction closing times or inspection or removal times. Items used in photos for displaying and or containing items such as crates, totes, step blocks, back drops, etc. are not part of the selling lot unless specifically listed in the description. If inquiring about an item in one of our auctions and your question is already addressed in the description or terms, don’t expect a response back. Bidder-Up Auction and Realty INC. staff DOES NOT TEST or VERIFY conditions or completeness of items being offered. Buyer has the right to test/inspect items at the time of pick up. Concerns must be addressed with staff at that time. After leaving the pick up location, the item is your responsibility. BIDDING PROFILE: When you register to bid with Bidder-Up Auction and Realty INC. and Proxibid, you must create a bidding profile. This profile contains your personal information – you may view and edit your profile by logging into our website. It is your responsibility to ensure that all the information on that profile is VALID and CURRENT. We rely on that information to contact you and process payment. Address, Phone, Billing, Credit Card and Email information are particularly important! If you need help logging in or resetting information in your profile, contact our office. EMAIL RESPONSIBILITY: In order to register to bid in any online auction, you must have a valid email address. It is YOUR responsibility to ensure that your particular server accepts emails from our server. We use email as our primary method of communication and you will not receive any other method of bidding, registering, or invoice confirmation from our office, so make sure your emails are working. ALWAYS contact our office if you are not receiving proper emails from our company – we can help troubleshoot, but your server may not receive emails as consistently as others. BUYERS PREMIUM: A buyer’s premium will be added to each purchase. Buyer’s premium is 10% unless stated otherwise: if you bid $100.00, at checkout you will be charged $110.00. Each and every time you place a bid, you are required to confirm and agree to the total bid price of your initial bid plus buyer’s premium. AUCTION CLOSING: This auction is a live auction with internet simulcast bidding. Closing times will be based on the speed of the live auction. Once bidding closes, items you have won become your responsibility! Our auctions offer MAXIMUM BIDDING. This means that you can bid a higher number than the next “Asking Bid''. You may place a max bid at any time in the place bid space by simply entering the highest number you want to bid. When you place a MAX BID, the current bid price will only go to the next increment, or one increment over someone else’s max bid if one has been placed. The computer will bid for you in the predetermined auction increments up to your highest dollar entered only if someone else bids against you to raise your bid to that dollar amount. When someone has already entered a MAX BID on an item you are bidding on, the system will automatically bid for you until you are the current high Bidder or you reach your MAX BID. If you have reached your MAX BID and are still not the current high Bidder, the system will give you the opportunity to enter another MAX BID. Bids will be placed in the order that they are received. If TWO buyers enter a BID of the same dollar amount, the buyer who entered his/her BID FIRST will be the bidder that is in at that price. If you bid a certain amount and see that the bid is indeed that amount, but you are not the 'Winning Bidder', that means that someone else had a max bid of that amount and so their bid was placed into the system ahead of yours. The best way to know if you are outbid is to check your email and/or text as you should get an email and/or text every time you are outbid. You may request out bid notices when registering for your online bidding account. You can choose to have them sent to your email, cell phone via text message or both. If you are not able to be around a computer/ mobile device during the closing of the auction or receive and/or read your outbid notices, we HIGHLY RECOMMEND you utilize the max bidding feature. Please remember, you can always raise your max bid, but you CANNOT lower it. *Buyers will receive outbid notices via email for the entire duration of the auction. Outbid notices via text message will only be sent out for the final 48 hours of the auction. * Bidder-Up Auction and Realty INC. is NOT responsible for emails or texts that are not received by the bidder. These messages are automated through our website and we don’t have control of how they are received by each specific server and/or cell service carrier. We do not recommend relying on outbid notices to ensure you are the high bidder. Bidder-Up Auction and Realty INC. is not responsible for internet malfunctions, loss of connection or system glitches that may prevent you from placing last minute bids, or receiving notices from our company. Don’t wait until the last minute to bid; if the system is busy, your bids may not process within the last seconds of an auction closing, and you may miss an item you want. There is no advantage to waiting until there are only a few seconds left to bid. Any bid placed in the last 2 minutes is still going to extend the bidding by 2 minutes. PAYMENT: Payment for all purchases is due at the conclusion of the auction. Payments will not be accepted on site the day of pickup. A Valid credit card is required for bidding approval. We accept Visa, MasterCard, American Express, Discover, personal and corporate checks with bank letter of guarantee, wire transfer, and cash. No other payment method will be allowed unless it is specifically stated on our website. Currency: USD only If charges are declined by the credit card processor a non-sufficient funds charge of $25.00 will be charged each time processing is denied. The buyer will be notified of the NSF transaction through e-mail and be given 24 hours to contact Bidder-Up Auction and Realty INC. with an alternative payment method. You hereby authorize Bidder-Up Auction and Realty INC. to charge Purchase price, Buyer’s Premium charges, taxes, and any applicable handling fees to the credit card that you have recorded in your profile up to $5000. Any invoice $5,000.00 and over will require a wire transfer. Credit Cards will not be accepted for invoices $5,000 and over. Wire transfers DO NOT immediately appear in our account. It may take 24/48 hours to complete the transfer into our wire account. Therefore it is imperative that you start the wire transfer process as soon as you receive your invoice. Payment for any titled item, such as autos, boats, trailers and some ATVs, will require a wire transfer of funds in full before being released to the buyer. If purchases are not settled within 48 hours of the close of the auction, they are considered in default. All purchases in default revert to ownership of the seller. Upon default any or all of the following may occur: Bidder’s privileges may be suspended on Bidder-Up Auction and Realty INC. as well as Proxibid auctions. Bidding privileges may be reinstated when default has been satisfied. Subsequent defaults may result in bidding privileges being blocked or denied. Seller & Auction Co may elect to resell the unpaid items. The default bidder will be responsible for any deficit in value between original bid price and the reselling price. Default bidder agrees and authorizes payment of any additional fees, as outlined in these Terms. Such actions may be taken at the sole discretion of Bidder-Up Auction and Realty INC. and/or Proxibid. Payment in full is required before receiving your paid invoice itemizing your purchases and fees. No credit card charge backs will be allowed. NO refunds will be given. INVOICES: After we process your payment, Bidder-Up Auction and Realty INC. will send you an invoice via email with confirmation of items won, the purchase total, and applicable fees. If you do NOT receive an invoice, you can find the invoice in your profile on our website. You may also contact our office to resend the invoice. It is your responsibility to ensure you have your invoice before pickup time. If you were bidding on an item and think you have the winning bid, but did not receive an invoice. Please read the “Viewing Past Auctions, Winning Bids & Invoice” section of these terms. LOAD OUT/PICKUP: Buyers must check in with a Bidder-Up Auction and Realty INC. Staff Member upon arrival Our staff is there to supervise the safe and proper removal of items and to help you identify the items included in your purchase. The staff is NOT there to help with the removal of heavy items. Winning bidders need to pick up their items, and pickup must be completed within the designated pickup timeframe. Please respect our Seller’s property and residence, many times our Sellers still reside in the residence and they do not want you wandering through their home or using any of their facilities. Specific times that are listed for pickup are the strict start and end times, per contractual agreement with the seller. We will not facilitate pickup BEFORE the start time. All buyers are expected to be FINISHED removing their items by the time the pickup is scheduled to end. You need to arrive on time to pack and remove all your item(s) within the stated pick-up times. We may assess a charge to any buyer that requires our staff to stay longer than the scheduled time. If you are unable to pick up at the agreed to terms, you must send a representative to pick up for you or forfeit your items. Don't bid if you can’t pick up at the specified time and location. Items may only be removed upon receipt of payment in full. Buyers must check in and present their paid invoice to a Bidder-Up Auction and Realty INC representative prior to loading items. Any item(s) Bidder-Up Auction and Realty INC. or the seller has to remove from the sale site due to the buyer missing pickup time or abandoning part of a purchase may be subject to additional service fees. Buyers who do not pick up their item(s), or leave any items behind, at the specified pick-up time may be subject to additional service fees. Ownership of those items will return to the seller and the buyer will forfeit any and all rights to the item including payments and refunds. You MUST bring your own packing materials, moving equipment, and adequate manpower to safely and properly remove your items during the specified pick-up time. We will not wait for your additional help to arrive if it is outside the pickup times. Also, you may be asked to wait at the end of the line if you are not prepared to move or load your items in a timely manner, we reserve the right to help those buyers who came prepared first. This policy is designed to keep pickups speedy and efficient. We need our buyers to come prepared out of fairness to other buyers and to our seller. Bidder-Up Auction and Realty INC. reserves the right to refuse load out and pick up of item(s) purchased, if at their sole discretion or at the discretion of contracted seller, they deem such load out may cause damage physically to the item or the seller’s property or if it risks the safety of anyone or anything at the load out site. Bidder-Up Auction and Realty INC. reserves the right to charge a fee to any buyers that do not bring adequate help. The buyer will be responsible for the ANY damage that occurs to an individual item, or the pickup location during the removal of an item(s). Items that have prior arrangements with Bidder-Up Auction and Realty INC. to bring back to the office must be picked up within 48 hours at Bidder-Up Auction and Realty INC. Office. If not picked up in 48 hours, items will be disposed of at the discretion of Bidder-Up Auction and Realty INC.. No refunds will be issued for items not picked up. Bidder-Up Auction and Realty INC. Inc staff has the right to refuse service to anyone during a pickup. SHIPPING: In most cases we can accommodate shipping requests. However, there will be times, due to size of item(s) Quantity of Item(s), staff availability etc. that you may need to make arrangements with a Third-party shipper. That is why, if you plan to purchase an item and NEED it shipped, you contact our office prior to bidding and no later than the close of the auction to see if we can accommodate your request. THANK YOU! Our office number is 405-600-1016. Calling is generally the best option to be sure we are all on the same page. Shipping charges will appear as a separate charge after purchases are packed and ready for shipping. We will attempt to combine items into as few parcels as reasonably possible to reduce the shipping costs. Bidder-Up Auction and Realty INC. cannot estimate shipping costs until items are boxed for shipping. We charge what the carrier charges us with NO markup. All purchases will be shipped to the buyers via USPS or UPS Ground, FedEx etc. depending on size of parcel (we reserve the right to select the shipper). If you would prefer to make your own shipping arrangements and send us a label for your item(s) simply contact us and let us know. Remember, shipping is expensive, many times shipping can exceed the value of the item purchased. We will not refund the purchase price of an item simply because you feel shipping is too expensive. Figure it out before you place your bid. Call your local shipper and/or inquire about estimated shipping online. Online resources are endless and are there to help you with this, please do your homework first if you are thinking about having an item shipped. Handling: Our handling fee is calculated as 50% of the cost of Shipping. If we send your purchases in a Flat Rate USPS Box for $6 your handling will be $3. If it ships UPS for $20 then handling will be $10. Insurance: Most parcels ship with limited insurance. If the standard insurance coverage from the carrier (USPS, UPS etc.) is higher than the invoiced value of the items being shipped, we will not purchase additional insurance. If the item(s) being shipped exceed the standard insurance value offered by the shipper additional insurance will be purchased and charged to you on your invoice. If you purchase an item and feel that it is valued higher than the invoiced purchase price you will need to call our office and request additional insurance coverage along with the amount you would like your shipment insured for. We will only purchase insurance to cover the purchase price of the item(s) contained in the shipment. Additional Charges: Buyer hereby agrees to pay and authorizes Bidder-Up Auction and Realty INC. to charge their credit card for any of the applicable infractions as follows: Pick up NO SHOW, Leaving Lot OR Partial Lot behind $25.00 per item or actual cost of disposal Plus, forfeiture of item Assistance from staff, over and above our obligation to identify your purchases and location of items. $25.00 per item Staff IS NOT for hire to help. This charge is initiated if YOU fail to bring adequate help. This includes moving items out so staff can leave on time. Bringing a lot(s) back to our Office for pick up or moving lot out for late pickup $25.00 per item plus packing materials and $30.00 per hour labor This service is NOT available for large items. Not completing Pick up Process within the proper time frame $30/ First half hour/Per Staff Member $30.00/Hr after first half hour/Per Staff Member Arrange Special Pick-up Time w/Staff outside of time outlined in TERMS (ONLY IF POSSIBLE) $30/Hr Clock starts when staff leaves office until return to office Per Staff member Disabling Your Online Account: Your account may be disabled due to one or more of the following reasons: Non-payment of an invoice Not showing up at pickup Arriving late at pickups Not signing up for pick up times, requiring staff to call by phone Difficulty charging credit card or invalid credit card Chargebacks Inappropriate treatment of staff or sellers Damage of property at pickup Refusing to pay for shipping Showing up at pickups unprepared with removal materials or help loading Not removing all of your winnings from an auction Viewing Past Auctions, Winning Bids & Invoices: You can always view past auctions, winning bids and invoices by logging in to proxibid.com/bidderup To view past auctions, click on the auction results tab at the top of the home page. Within any past auction, you can always see the high bid and bidder by viewing the individual lot information. If you log into your profile, you can click the invoices tab to view all your past invoices from Bidder-Up Auction and Realty INC.. This is a great resource if your invoice email did not come through! You can also click on MY ITEMS and view all the individual items you have ever won through our website. It is the bidder’s responsibility to ALWAYS know what items they have won. We have done our best to provide you with the above information and resources. We ask that you be a responsible bidder and access these resources as needed. Special Terms of Sale: All property is sold AS-IS Where-Is, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, age, genuineness, value or any other determinative factor. Bidder-Up Auction and Realty INC. may attempt to describe the merchandise in advertising and on the Internet, but makes no representations. In no event shall Bidder-Up Auction and Realty INC. be held responsible for having made or implied any warranty of merchantability or fitness for a particular purpose. Bidder shall be the sole judge of value. Some items may be listed as NIB New in Box. Every effort will be made to ensure that each item stays in the same condition that it was photographed in. However, all property is sold AS-IS, and ALL SALES ARE FINAL. It is the Bidders responsibility to determine condition, counts, age, genuineness, value or any other determinative factor. Bidder-Up Auction and Realty INC. shall endeavor to describe in detail each item and any pertinent information about it. Bidder-Up Auction and Realty INC. will not be responsible for any errors or omissions in the description of the merchandise unless it is a material and intentional misrepresentation of the item itself. Bidder agrees that everything is sold as is and that they may not return any item they purchase. Bidder-Up Auction and Realty INC. is providing Internet bidding as a service to Bidders. Bidders acknowledge and understand that this service may or may not function correctly the day of the auction close. Under no circumstances shall Bidders have any kind of claim against Bidder-Up Auction and Realty INC. or anyone else if the Internet service fails to work correctly before or during the Online Auction. Bidder-Up Auction and Realty INC. will not be responsible for any missed bids from any source. Internet Bidders who desire to make certain their bid is acknowledged, should use the max bid feature and leave their maximum bid 24 hours before the auction. Bidder-Up Auction and Realty INC. reserves the right to withdraw or re-catalog items in this auction. The Bidder is responsible for knowing which item is being bid on. If the Bidder is unsure, they should inquire or not bid. When becoming the winning Bidder at auction, you have affected a contract and will be expected to pay for items in which you were evidenced to be the successful Bidder. Auctioneer will not honor a mistake. The Auctioneer reserves the right to accept bids in any increment he feels is in the best interest of his client, the Seller. The Auctioneer reserves the right to reject the bidding of any person whose conduct, actions, or adverse comments he feels is not in the best interest of the Seller. Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever caused during the sale or by the removal of items purchased. Purchaser assumes all risk and liability whatsoever resulting from the use of the item(s) sold hereunder; and shall defend, indemnify, and hold harmless Auctioneer and Seller from any liability. If the foregoing conditions or any other applicable conditions are not complied with, in addition to other remedies available to Auctioneer and Seller by law, including without limitation, the right to hold the purchaser liable for the bid price, the Auctioneer, at their option may (1) resell the property publicly or privately, with purchaser being liable for the payment of any deficiency plus all costs incurred, or (2) cancel the sale, retaining liquidated damages on all payments made by purchaser, Auctioneer commission and all other incidental damages will be charged. Information in brochures, catalogs and other advertisements are from sources believed to be reliable; however prospective purchasers are urged to inspect the inventory or property to satisfy themselves as to condition, model, manufacturer, year, features, mileage, survey, acres, counts, etc. Neither the Auctioneer nor our client make any guarantees and are not responsible for listing or advertising inaccuracies or discrepancies. ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out of the Property Issues and involving Seller, Bidder, Buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, shall be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions. The arbitration shall be administrated by Judicial Arbitration and Mediation Services, Inc., or its successor, and decided by a panel of three (3) independent arbitrators. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties waive the right to any legal action and trial by jury. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the parties' attorneys' fees, shall initially be paid equally by them. The prevailing party shall be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys' fees. All aspects of any arbitration shall be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the parties shall jointly move the court entering judgment on the arbitration award to so order. Any arbitration must be commenced within two (2) years from the date when the cause of arbitration accrues, or it will be forever barred. The right of arbitration shall accrue, and the two (2) year limitation period shall begin to run, on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered. CHOICE OF LAW, JURISDICTION, AND VENUE: Any Auction matter shall be exclusively construed and governed in accordance with the laws of the State of Arkansas without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties shall be the County of Oklahoma in the State of Oklahoma. MISCELLANEOUS: The Terms of Auction shall bind Bidders and their agents, assigns, attorneys, beneficiaries, brokers, directors, distributes, employees, executors, heirs, legatees, officers, representatives, shareholders, and successors in interest. No deletion, modification, supplement, or waiver of any provision of the Terms of Auction shall be made, except by Auctioneer's written revision or oral announcement at the Auction. Severability Clause: Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to any Mortgage Loan shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity. Real Estate terms and conditions: Property is offered on an cash sale, "AS - IS" basis, no warranties or guaranties expressed or implied. Auction Sales Method: The real estate will be offered as individual tracts of real estate. PRE-OFFERS: No pre-offers will be accepted for this sale. Survey: At the buyer's option and expense, they can have the property surveyed if desired. The final contract price will not be adjusted to reflect any difference between the advertised and actual surveyed acres. Minerals: Property sold less and except all mineral interests not previously conveyed. Taxes: The real estate taxes will be pro-rated to the day of closing. Contract and Title: Immediately upon the conclusion of the bidding, the high bidder(s) will enter into a real estate contract and the earnest money will be deposited in the Real Estate Trust Account of the Bidder-Up Auctioneers INC. or assigned title company. The seller reserves the right to reject any and all bids unless being sold absolute. Earnest Payment: Earnest money in the amount of ten (10%) percent of the contract price shall be due with the acceptance of the offer. The payment may be in the form of a cashier’s check, personal or company check with bank letter of guarantee, or wired funds. Earnest money will be deposited in the Real Estate Trust Account of Bidder-Up Auctioneers INC. or assigned title company. Closing: The sale closing is 30 days after acceptance of bid, or such other date agreed to by both parties. Certified funds will be required at the time of closing for the remaining balance of the purchase. The balance shall be paid in the form of certified funds upon closing. Possession: Possession will be granted at closing, or such other date agreed to by both parties, subject to the current commercial lease. Agency: Bidder-Up Auction and Realty INC. stipulates that they are representing the seller exclusively in this transaction. Bidder-Up Auctioneers INC. acts as the Auctioneer and Auction Company. Winning bidder acknowledges that they are representing themselves in completing the auction sales transaction. Notice: All information contained in this ad and brochure has been gained from sources considered to be reliable. However, bidders are invited to inspect the property and make their own investigations with respect thereto. This sale is subject to all easements, covenants, leases, and restrictions of record. All sales are presumed to be made by the individual judgment of the purchaser. All property is sold on an “As is- Where is” basis with no warranties or guarantees, expressed or implied, made by the Realtor or Seller. All map boundaries are approximate, and photographs used may or may not depict the actual property. All bids will be on a whole dollar amount basis. Seller reserves the right to reject any and all bids. Any announcements made auction day by the auctioneer will take precedence over any previous material or oral statements. Bidding increments are at the sole discretion of the auctioneer. All decisions of the auctioneer are final. Buyers Premium: 10% Buyer's Premium - There will be an additional 10% fee added to the hammer price paid by the buyer. Internet Bidding: Will be available by clicking online bidding link to register. Neither the Auction Company nor the Seller is responsible in the event of loss of internet signal by either side. ARBITRATION: Any action, claim, controversy, counterclaim, dispute, or proceeding arising out of the Property Issues and involving Seller, Bidder, Buyer, or Auctioneer, in any combination, whether controlled by federal or state law, and whether an issue of law or equity, including the determination of the scope and applicability of this agreement to arbitrate, shall be determined and resolved exclusively by final and binding arbitration, with no appeal permitted, except as provided by applicable law for the judicial review or enforcement of arbitration decisions. The arbitration shall be administrated by Judicial Arbitration and Mediation Services, Inc., or its successor, and decided by a panel of three (3) independent arbitrators. Judgment on the arbitration award may be entered in any court having jurisdiction. The parties waive the right to any legal action and trial by jury. The costs of arbitration, including the fees and expenses of the arbitrators, but not including the parties' attorneys' fees, shall initially be paid equally by them. The prevailing party shall be entitled to collect from the other its full costs associated with the arbitration, including reasonable attorneys' fees. All aspects of any arbitration shall be permanently kept confidential and not disclosed in any form or manner to any entity, media, or person, and the parties shall jointly move the court entering judgment on the arbitration award to so order. Any arbitration must be commenced within two (2) years from the date when the cause of arbitration accrues, or it will be forever barred. The right of arbitration shall accrue, and the two (2) year limitation period shall begin to run, on the date the breach, damage, or injury is sustained and not when the resulting damage or harm is discovered. CHOICE OF LAW, JURISDICTION, AND VENUE: Any Auction matter shall be exclusively construed and governed in accordance with the laws of the State of Arkansas without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any controversy or claim between the parties shall be the County of Oklahoma in the State of Oklahoma. MISCELLANEOUS: The Terms of Auction shall bind Bidders and their agents, assigns, attorneys, beneficiaries, brokers, directors, distributes, employees, executors, heirs, legatees, officers, representatives, shareholders, and successors in interest. No deletion, modification, supplement, or waiver of any provision of the Terms of Auction shall be made, except by Auctioneer's written revision or oral announcement at the Auction. Severability Clause: Any part, provision, representation or warranty of this Agreement which is prohibited or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to any Mortgage Loan shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good-faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity. --------------------------------------------------------------------------------------- Sebae Data Solutions, Inc. SERVICE TERMS AND CONDITIONS ACCEPTANCE OF TERMS Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap USE AND REGISTRATION Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC. REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). DESCRIPTIONS OF SERVICE Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections. HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions. The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding. INTERNET ABSENTEE BIDDING Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction. INTERNET-ONLY AUCTIONS Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction. WEBCAST AUCTIONS Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live". Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid. When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels). The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions. Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration. Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms. BIDDING The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal. Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement. The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers. Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers. THE WINNING BID The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid. NOTICE OF END OF SALE, PAYMENT & SHIPPING After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions. BUYER'S PREMIUM, TAXES AND DUTIES If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it. PRIVACY We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. COPYRIGHT All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. DISCLAIMER OF WARRANTIES You expressly understand and agree that: a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC. LIMITATION OF LIABILITY You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you. INDEMNITY You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. LEGAL COMPLIANCE You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items. GENERAL INFORMATION The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.