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Don Shilling Estate Liquidation ONLINE Auction - Phase 1

Featuring: Takeuchi Skid Steer, John Deere Tractor, Dozer, Mowers, Woodworking Tools & More!

13% Buyer's Premium

Auction End Date: December 30, 2024, at 2:00 PM

Location: Texarkana, TX

Contact: John at 903-824-0581

TDLR License #: 11712

Don't miss this opportunity to bid on high-quality equipment and tools!

Online Bidders: 13% Buyer's Premium

PAYMENT TYPES ACCEPTED: CASH, CHECK FROM KNOWN BUYERS & WIRE TRANSFER

These Bidder Terms and Conditions apply to auctions conducted by NUTT AUCTION COMPANY, LLC (“Auctioneer”), and
constitute a legal, valid, binding, and enforceable Contract between Auctioneer and YOU. Together with any written purchase
and sale agreement between YOU and the Seller of any Lot, these Bidder Terms and Conditions form the basis for the
Contract of sale between YOU and the Seller if YOU are the Winning Bidder on any Lot.

Auction Conducted Under and In Accordance with These Bidder Terms and Conditions, Additional Terms
and Conditions Posted by Auctioneer, and Announcements Made at the Time of the Auction, and Applicable Law;
Acceptance of Bidder Terms and Conditions. The Auction is conducted under and in accordance with these Bidder Terms
and Conditions, any and all other Terms and Conditions posted by Auctioneer (whether at the Auction Site or online), any
announcements or corrections made by Auctioneer at the time of the Auction, and applicable law. YOU ACKNOWLEDGE
AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO REVIEW THESE BIDDER TERMS AND
CONDITIONS, THAT YOU HAVE READ THESE BIDDER TERMS AND CONDITIONS, THAT YOU UNDERSTAND THESE
BIDDER TERMS AND CONDITIONS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE BIDDER TERMS
AND CONDITIONS. YOUR participation in the Auction, whether at the Auction Site, online, telephonically, or through any
other means (including Absentee Bid), is further evidence of YOUR agreement to be bound by, and to abide by, all Bidder
Terms and Conditions.

“Reserve” or “With Reserve” means that property may be withdrawn by the Auctioneer and/or bids may be rejected
by Auctioneer prior to the Fall of the Hammer. While Lots exposed for sale With Reserve may be subject to a
Reserve Price, a Reserve Price is not necessary for a Reserve Auction. UNLESS SPECIFICALLY AND
EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL LOTS ARE BEING EXPOSED FOR
SALE WITH RESERVE.

Bidder Registration; Bidder Qualification. YOU are required to register to bid, and YOU must provide a valid credit
card in order to be approved for bidding. Auctioneer may make a nominal charge or place a temporary hold against YOUR
credit card for verification purposes, and may charge YOUR credit card for YOUR purchases. Auctioneer may establish such
other Bidder Registration requirements and Bidder qualifications as Auctioneer determines to be reasonably necessary or
appropriate. YOU 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 grant bidding
privileges to any potential Bidder, and may suspend or revoke the bidding privileges of any Bidder at any time. By registering
to bid, YOU represent to Auctioneer that, if YOU are a natural person, YOU are at least eighteen (18) years of age and that
YOU are otherwise legally able to enter into a Contract. Each entity (i.e., corporation, limited liability company, or other
organization) registering to bid represents that it has the power and authority to register, to bid, and to complete the purchase
transaction if it is the Winning Bidder. If bids are made by or on behalf of an entity, the entity and any individual making the bid
will be jointly and severally liable on account of the bid. YOU acknowledge and agree that YOU have read, understand, and
agree to be bound by, these Bidder Terms and Conditions, any and all other terms and conditions posted at the Auction Site or
on the Auctioneer website(s), and the terms and conditions posted on the websites of any Online Auction Platform Provider(s)
used by Auctioneer. Auctioneer may, in Auctioneer’s sole and absolute discretion, receive bids from a person or entity that has
not registered to bid and/or has not satisfied all requirements for Bidder Registration, and, by bidding, such person or entity will
be bound by these Bidder Terms and Conditions, any and all other terms and conditions published by auctioneer (including
those posted at the Auction Site or on Auctioneer’s website(s), or otherwise), and the terms and conditions posted on the
websites of any Online Auction Platform Provider(s) used by Auctioneer. BIDDER QUALIFICATION PROVISIONS ARE
INTENDED FOR THE BENEFIT OF AUCTIONEER AND SELLER, AND CREATE NO RIGHTS OR INTERESTS IN ANY
OTHER PERSONS, INCLUDING COMPETING BIDDERS. AUCTIONEER AND/OR SELLER MAY (BUT WILL NOT BE
REQUIRED TO) WAIVE ANY BIDDER QUALIFICATION REQUIREMENTS, EITHER GLOBALLY OR ON A CASE-BY-
CASE BASIS.

Access to Auction Site and/or Online Auction Platform; Assumption of Risk; Limitation of Liability. YOU
assume all risks in connection with YOUR participation, or attempted participation, in the Auction, including, without being
limited to, risks arising from or associated with: (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction
Platform utilized by Auctioneer; (iii) removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or
YOUR property resulting from acts other than those caused exclusively by Auctioneer’s gross negligence or intentional
misconduct. YOU further agree that neither YOU nor any person accompanying YOU to, or otherwise visiting, the Auction Site
will attempt to operate or activate any machinery or equipment at the Auction Site without Auctioneer’s express consent; and,
that, YOU will assume all liability for property damage and/or personal injury caused by YOU or YOUR representatives,
employees, independent contractors, or agents. YOU acknowledge and agree that the Auction Site may be a potentially
dangerous place that requires YOU to be diligent, alert, and aware at all times. Flammable, noxious, corrosive, pressurized and otherwise hazardous substances may be present at the Auction Site. Machinery, equipment, and vehicles may be
operated at the Auction Site, and electrical circuits may be live at the Auction Site. YOU enter the Auction Site at YOUR own
risk with notice of the condition and activities that will be, or have been, conducted at the Auction Site; and YOU assume such
risks with respect to YOURSELF and anyone, including any minor children, accompanying YOU or visiting the Auction Site on
YOUR behalf. YOUR representatives, employees, independent contractors, or agents also assume such risks. No person will
have any claim against Auctioneer and/or Seller, or their respective agents or employees, for any injuries sustained or for
damages to or loss of property that may occur at the Auction Site. Neither Auctioneer nor Seller will be liable for any damages
of any type or nature sustained or claimed by YOU or by any other person or entity in connection with, or in any way related to,
the Auction. YOU waive any and all claims and/or causes of against Auctioneer arising in connection with, or in any way
related to (i) YOUR presence at the Auction Site; (ii) YOUR use of any Online Auction Platform utilized by Auctioneer; (iii)
removal, transport, or use of any Lot(s); and/or (iv) any harm, injury, or damage to YOU or YOUR property resulting from acts
other than those caused exclusively by Auctioneer’s gross negligence or intentional misconduct.

Nature of the Auction. Unless expressly otherwise stated in writing, the Auction will be With Reserve. Auctioneer
may Withdraw any Lot prior to the Fall of the Hammer on such Lot, even if bids have been tendered and/or recognized against
such Lot. In addition to being With Reserve, certain specific Lots identified by Auctioneer may be sold Subject to Seller’s
Confirmation, which means that after the High Bid Subject to Confirmation has been received and acknowledged by
Auctioneer, Seller may, in Seller’s sole and absolute discretion, accept or reject the final bid on such Lot(s)

Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in
Auctioneer’s sole and absolute discretion.

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 advanced 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 a Lot 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 the 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 acknowledge or reject such bid. An Absentee Bidder may
authorize 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 as the agent of the Seller only, and the receipt and/or execution of Absentee Bids will
not create an agency relationship between Auctioneer and any Absentee Bidder.

Buyer's Premium. Each Lot is subject to a Buyer's Premium that will be calculated as a percentage of the Hammer
Price and paid by the Winning Bidder in addition to the Hammer Price. The amount of the Buyer’s Premium for each Auction
will be posted on Auctioneer’s website and/or otherwise announced by Auctioneer, and the Buyer’s Premium may vary
depending on whether YOUR bids are submitted online, or onsite, or otherwise. The Buyer’s Premium may also be adjusted to
account for credit card processing fees and/or check verification fees. The Buyer’s Premium may be reduced, either globally or
on a case-by-case basis, at Auctioneer’s discretion. The Buyer’s Premium is earned at the Fall of the Hammer and will not be
refunded by Auctioneer. The Buyer's Premium will be added to the Hammer Price to determine the final Contract Price for tax
purposes. If YOU are the Winning Bidder on any Lot(s) and YOU default on YOUR obligations as set forth in these Bidder
Terms and Conditions, or otherwise, there will be no set-off or reduction in the Buyer's Premium even if a Lot is resold.
Because the Buyer's Premium is earned with the Fall of the Hammer, Auctioneer has no obligation to mitigate damages with
respect to the Buyer's Premium, and YOU acknowledge and agree that mitigation of damages is not possible.

Online Auction. In addition to all other terms and conditions set forth in these Bidder Terms and Conditions, the
following terms and conditions apply if the Auction is conducted, in whole or in part, online:
Posted Times. Unless stated otherwise, all posted or listed times are intended to reference the local time
zone at the Auction Site. Posted closing times and time displays are approximate. Auctioneer reserves the right, in
Auctioneer's sole and absolute discretion, to close early, extend, reset, or reopen the Auction (including bidding on any Lot(s)).
Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid on a Lot, or as a
maximum bid on a Lot, and bidding will advance competitively to the next available increment. If YOU submit a single
advancing bid on a Lot and YOUR bid is equal to or less than the maximum bid previously submitted by another Bidder on the
same Lot, YOU will be outbid. If YOU submit a maximum bid on a Lot and a maximum bid has previously been submitted by
another Bidder on the same Lot, bidding will advance to the next highest bid increment after which either YOUR maximum bid
or the previously submitted maximum bid has been exhausted, whichever occurs first, and the then-current bid will be shown
at that amount. If YOUR bid is shown as the current high bid on a Lot and another Bidder submits a bid (either as a single bid
or as a maximum bid), bidding will advance to the next highest bid increment after which either YOUR maximum bid or the
maximum bid of the competing Bidder has been exhausted, whichever occurs first, and the then-current bid will be shown at
that amount.

Technology Disruptions. YOU acknowledge and agree that the Auction is conducted electronically and
relies on hardware and software that may malfunction without warning. Auctioneer will not be responsible for, and will suffer no liability 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(s), (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, or (iii) 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.
Failures by Online Auction Platform Provider and Its Affiliates or Contractors. Under no circumstances
will Auctioneer be liable for any failure of the Online Auction Platform Provider(s) to perform, or for the failure of any affiliates,
employees, agents, representatives, or contractors of the Online Auction Platform Provider(s) to perform regardless of whether
such obligations are owing, directly or indirectly, to Auctioneer, to YOU, to Seller, or otherwise.
Automatic Extension Feature and Rolling Close of the Bidding. Any Online Bidding Period may include
an automatic extension feature. This means that if a bid is entered within a set time period approaching the end of the
established Online Bidding Period on a Lot, the Online Bidding Period for the Lot will be automatically extended for an
additional period of time in increments established by Auctioneer, and such extensions will continue until there is a set period
of time that lapses during which no advancing online bid is received, after which bidding on the Lot will close.
Disclaimer. THE ONLINE AUCTION PLATFORM(S) AND AUCTIONEER’S WEBSITE ARE
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUCTIONEER MAKES NO
REPRESENTATIONS, WARRANTIES, OR GUARANTEES, AND DISCLAIMS ANY REPRESENTATIONS,
WARRANTIES, OR GUARANTEES, (i) THAT THE ONLINE AUCTION PLATFORM(S) 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. IF YOU ARE DISSATISFIED WITH THE AUCTION, OR THE NATURE, CHARACTER, OR
FUNCTIONALITY OF TECHNOLOGY ASSOCIATED WITH THE AUCTION, YOUR SOLE AND EXCLUSIVE
RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR PARTICIPATION IN THE AUCTION. AUCTIONEER
RESERVES THE RIGHT TO TERMINATE YOUR BIDDER REGISTRATION, TO SUSPEND OR TERMINATE
YOUR ACCESS TO THE AUCTION, TO IMPOSE LIMITS ON CERTAIN FEATURES OF THE ONLINE
AUCTION PLATFORM, AND/OR LIMIT, RESTRICT, OR TERMINATE YOUR ACCESS TO THE
AUCTIONEER’S WEBSITE OR TO THE AUCTION WITHOUT NOTICE.

Restrictions on Use. YOU agree that YOU will not use any robot, spider, other automatic device, or manual
process to monitor or copy the Online Auction Platform(s), Auctioneer’s website, any technology associated with the Auction,
and/or any content associated with the Auction. YOU agree that YOU will not use any device, software or routine to interfere
with, or to attempt to interfere with, the proper functioning of the Online Auction Platform(s), Auctioneer’s website, any
technology associated with the Auction, or any activity being conducted in connection with the Auction. YOU agree that YOU
will not take any action that imposes an unreasonable or disproportionately large load on the Online Auction Platform(s) and/or
Auctioneer’s website and/or online infrastructure. YOU agree that YOU will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content from the Online Auction Platform(s) and/or Auctioneer’s website. Access and use of any
Online Auction Platform is subject to any and all terms and conditions of the Online Auction Platform Provider(s).
Security of Bidder Account. YOU are responsible for monitoring and maintaining the security of YOUR
Bidder Account information. If, at any time, YOU know or suspect that YOUR Bidder Account has been hacked, cloned,
compromised, or improperly accessed, YOU must notify Auctioneer, in writing, immediately, and YOU will not be responsible
for bids tendered through YOUR Bidder Account after such notice is received by Auctioneer.
No Bid Retraction. Without Auctioneer's consent (which consent may be granted or withheld in Auctioneer's sole
and absolute discretion), YOU may not retract or revoke a bid that has been acknowledged by Auctioneer or that YOU have
submitted online. YOU acknowledge and agree that Auctioneer is acting in reliance on tendered bids in the conduct of the
Auction, and that bid retraction: (i) is disruptive and interferes with the Auction; (ii) may call into question the integrity of the
Auction; (iii) may reduce Bidder confidence in the Auction process; (iv) may have a negative effect on Auctioneer’s reputation;
and (v) may have a negative effect on the Hammer Price, thereby harming the Seller. As an inducement for Auctioneer to
accept YOUR Bidder Registration and to grant YOU the privilege of bidding at the Auction, and in consideration of the ability to
bid at the Auction, YOU agree that, without Auctioneer's prior consent, YOU will not withdraw or to attempt to withdraw any bid
tendered by YOU or on your behalf. YOU, further, acknowledge and agree that YOUR bid constitutes an irrevocable offer that
will not be terminated by Auctioneer's solicitation and/or acknowledgment of advancing bids, neither of which constitutes a
rejection of YOUR bid.

Responsibility for Bids. YOU are responsible for all bids made using YOUR Bidder Number or YOUR Bidder
Account, and if YOU tender a bid that is determined by Auctioneer to be the Winning Bid, or if a Winning Bid is submitted from YOUR computer, or YOUR device, or from YOUR Bidder Account, YOU will be the Buyer. If YOUR Bidder Number is lost,
stolen, or misappropriated, or if YOUR Bidder Account has been hacked or compromised YOU should notify Auctioneer
immediately. YOU will be liable for all bids tendered using YOUR Bidder Number or Bidder Account prior to giving Auctioneer
notice that YOUR Bidder Number was lost, stolen, or misappropriated or that YOUR Bidder Account was hacked or
compromised.

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.
Auctioneer may, in Auctioneer’s sole and absolute discretion, reopen the bidding 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) 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, or (iii) after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware
that Auctioneer and a bid assistant or ringman, or multiple bid assistants or ringmen, have acknowledged bids in the same
amount bid from different Bidders, or (iv) an online bid, or other bid by a remote Bidder, tendered or attempted to be tendered
prior to the Fall of the Hammer goes unrecognized, or (v) some other bid dispute arises. 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. The determination of whether to reopen the bidding is within Auctioneer’s sole and
absolute discretion, and Auctioneer is not required to reopen the bidding. Auctioneer will suffer no liability on account of
Auctioneer’s determination to reopen the bidding or not. Auctioneer reserves the right, for any reason, in Auctioneer’s sole
discretion, to terminate, change or suspend the sale of any Lot or any aspect of any Auction sale. Advertised times for bidding
on particular Lots are estimates provided for convenience only, and Auctioneer will have no liability with respect to any Lots
sold before or after an advertised time.

Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder will be
made by Auctioneer. Any notification to an online Bidder by email or electronic message (whether generated manually or
automatically) is subject to certification by Auctioneer. Any dispute regarding the identity of the Winning Bidder on a Lot will be
resolved by Auctioneer, and Auctioneer may reopen the Bidding. Auctioneer’s determination of the Winning Bidder on any Lot
will be final and conclusive.

Bidding by or on Behalf of Seller. Seller reserves the right to bid at the Auction. Seller, or those acting on Seller's
behalf, may bid on any Lot(s) with the exception of Lot(s) expressly identified, in writing, as being exposed for sale at an
Absolute Auction that is not a forced sale. Auctioneer may execute bids on Seller’s behalf for any and all Lot(s) exposed for
sale With Reserve, and there is no requirement that any specific bid executed on Seller’s behalf or against the Reserve be
identified as such or that such bids will be tendered under any single Bidder Number or Bidder Account.
Withdrawal of Property by Auctioneer. Unless specific Property is, in express written terms, exposed for sale at
Absolute Auction, Auctioneer has the right to withdraw any Property from the Auction prior to the Fall of the Hammer.
Winning Bid; Buyer. Pursuant to these Bidder Terms and Conditions, the Bidder making the Winning Bid for any Lot
will be the Buyer of such Lot.

Contract of Sale for Personal Property. No additional or further writing will be required to evidence the existence of
a Contract of sale for any Lot sold at the Auction regardless of the Contract Price, and these Bidder Terms and Conditions,
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 and Conditions will be incorporated into
and made a part of the Contract between each Buyer and Seller.
18. All Property Sold “AS IS,” “WHERE IS,” and “WITH ALL FAULTS.” EACH LOT IS BEING EXPOSED FOR
SALE, AND WILL BE SOLD, IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE AUCTION, WITH
ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE. UNLESS EXPRESSLY STATED
OTHERWISE, PROPERTY THAT IS EXPOSED FOR SALE IN ITS “AS IS" CONDITION HAS NOT BEEN
MODIFIED, ALTERED, INSPECTED, OR TESTED BY AUCTIONEER. 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 LOT. 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. YOU ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY
ON, AND HAVE NOT RELIED ON, ANY REPRESENTATION, WARRANTY, OR GUARANTEE MADE BY
AUCTIONEER, OR SELLER, OR ANYONE ACTING AS AGENT OF SELLER, ORALLY OR IN WRITING, ABOUT ANY LOT. BY BIDDING, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND
FAIR OPPORTUNITY TO INSPECT ALL LOTS, AND THAT YOU ARE RELYING SOLELY ON, OR THAT YOU
HAVE WAIVED, SUCH INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN
DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF A PRE-AUCTION INSPECTION IS NOT
AVAILABLE, YOU ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING
WITHOUT A PRE-AUCTION INSPECTION, (ii) YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR
WARRANTIES BY AUCTIONEER OR SELLER, AND (iii) YOU ARE ASSUMING ANY AND ALL RISKS
ASSOCIATED WITH YOUR PURCHASE OF THE LOT(S) WITHOUT A PRE-AUCTION INSPECTION. THIS
“AS IS” DISCLAIMER APPLIES PRE-AUCTION, POST-AUCTION, AND DURING THE AUCTION.

Inspection; Photographs and Images; Due Diligence. By bidding, YOU acknowledge and agree that YOU have
had a full and fair opportunity to inspect the Lot(s), and that YOU are relying solely on YOUR inspection and investigation, or
that YOU have waived inspection and investigation, and that YOU have not relied on any statement, representation, warranty,
or guarantee made by Auctioneer, or by Seller, or by anyone acting as agent or representative of Seller; provided, however,
that if a pre-auction inspection is not available due to social distancing restrictions or otherwise, YOU acknowledge and agree
that (i) YOU are knowingly and willing bidding without a pre-auction inspection, (ii) YOU are not relying on any representations
or warranties by auctioneer or seller, and (iii) YOU are assuming any and all risks associated with YOUR purchase of the
Lot(s) without a pre-auction inspection. YOU, further, acknowledge and agree that any photographs or other images of Lot(s)
are adequate for YOUR purposes. YOU, further, acknowledge and agree that YOU have had a full and fair opportunity to ask
questions and to conduct any and all due diligence that YOU deem to be necessary or appropriate, and that the responses
YOU have received, if any, are adequate for YOUR purposes.

Description of Lots. UNLESS OTHERWISE EXPRESSLY STATED OTHERWISE IN WRITING, ANY
DESCRIPTION OF A LOT 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 OR SELLER.
All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Limitation of Liability. Auctioneer is not responsible for any actions of Seller or others, including Bidders or Buyers,
taken before, during, and after the Auction. Auctioneer will not be held liable for typographical errors, misprints, loss of
merchandise/money, damage or failure of equipment, at the Auction Site, or otherwise related to the Auction.

Announcements. Subject to the limitation set forth in these Bidder Terms and Conditions, 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.

Auctioneer’s Records Conclusive. Absent clerical errors, Auctioneer’s records will be final and conclusive.

Title. If YOU are certified as the Winning Bidder on a Lot, YOU will be contractually obligated to pay the Contract
Price; however, title and ownership of the Lot will not pass from the Seller to YOU until payment is made and clears.
26. Payment. Except as otherwise provided on Auctioneer’s website, or by announcement, or agreement,
(i) If YOU are physically present at the Auction Site, all Lots on which YOU are the Winning Bidder
must be paid for at the Auction Site at or prior to the close of the Auction, and before any Lot purchased by
YOU is removed from the Auction Site. Payment at the Auction Site may by in cash, credit card, wire
transfer, or by approved check.
(ii) If YOU are a remote or online Bidder, not physically present at the Auction Site, all Lots on which
YOU are the Winning Bidder must be paid for in-full within _four_ (_4_) days after the close of the
Auction, and before any Lots purchased by YOU is removed from the Auction Site. Online purchases must
be paid by check, certified funds, or by wire transfer.

Failure to Pay. If YOU fail to pay for YOUR purchase(s) within time provided, YOU will be deemed to have
abandoned any interest in the Lot(s), but YOU will remain liable for payment of the Contract Price. Unpaid Lot(s) may be
retained by Seller, resold at a subsequent auction, or otherwise disposed of. If unpaid Lot(s) are sold at a subsequent auction,
YOU will be liable for any shortfall or deficiency on the resale of the Lot(s), the Buyer’s Premium, and the costs incurred in
connection with reselling the Lot(s). Under no circumstances will YOU be entitled to any surplus from the resale of any unpaid
Lot(s). Auctioneer and/or Seller may, at any time, commence a lawsuit against YOU for the Contract Price of any unpaid Lot(s)
and/or for any deficiency realized on the resale of such Lot(s). Subject to applicable law, beginning 10 days after the Auction, and continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount of Five Dollars ($5) per Lot per day will accrue, and Auctioneer will have a possessory lien against such Lot(s) that may be executed on in order to satisfy such storage charges. In addition to the
foregoing, if YOU fail to pay for any Lot(s) with respect to which YOU are the Winning Bidder, YOU may be banned from any
and all future auctions conducted by Auctioneer, and YOUR failure to make payment may be reflected on YOUR profile with
the Online Auction Platform Provider(s) of otherwise truthfully disclosed to other auctioneers via social media, or otherwise.
28. Possession, and Risk of Loss. Possession and risk of Loss will pass, as follows:

(i) If YOU are physically present at the Auction Site and YOU are the Winning Bidder on a Lot,
possession and risk of loss will pass to YOU with the Fall of the Hammer, even if YOU have not yet paid for
the Lot, and YOU will be solely responsible for safeguarding and protecting all such Lots.

(ii) If YOU are a remote or online Bidder, not physically present at the Auction Site, possession and
risk of loss will pass to YOU when the Lot(s) on which YOU are the Winning Bidder are (i) picked-up at the
Auction Site by YOU or on YOUR behalf at the Auction Site.

Calculation of Sales Tax; Sales Tax Disputes. Unless otherwise directed by the appropriate taxing authority, sales
tax will be calculated, and collected, based on the Contract Price, which includes the Hammer Price plus the Buyer’s
Premium. If (i) YOU believe that YOUR purchase is subject to a sales tax exemption that is not recognized by Auctioneer, or
(ii) YOU believe that the Buyer’s Premium portion of the Contract Price should not be subject to sales tax, or (iii) YOU
otherwise dispute the sales tax, YOU should address YOUR dispute to the appropriate taxing authority and seek a refund from
the appropriate taxing authority to the extent that the same may be available to YOU.

Pick-up and Removal; YOU are responsible for pick-up and removal of Lot(s) purchased by
YOU. Pick-up and removal dates and times will be as posted or announced by Auctioneer. Unless otherwise agreed, YOU are
solely responsibly for the disassembly, rigging, removal, shipping, and transportation of each Lot purchased by YOU.
Disassembly and removal must be done in a workmanlike manner, and YOU will indemnify and hold harmless both Auctioneer
and Seller(s) against any and all damage caused by YOU or YOUR employees, agents, representatives, or independent
contractors in connection with the disassembly or removal of any Lot(s). Any and all damage, including, without being limited
to damage to land or buildings, caused by YOU or by YOUR employees, agents, representatives, or independent contractors,
will be repaired by YOU, or at YOUR expense, to the satisfaction of Auctioneer and Seller(s). YOU are solely responsible for
ensuring that all Lots are properly packaged, secured, and protected before removal from the Auction Site, and that any
vehicles and/or equipment that will be operated on roadways are properly licensed and insured with all required safety
features being operable. Any Lots shipped to YOU will be via a shipment Contract free on board at Auctioneer’s location in
Bowie County, Texas or at the Auction Site in the State of Texas, as the case may be. Possession and risk of loss will pass to
YOU at the point of shipment in the State of Texas. YOU are responsible for insuring all Lots purchased by YOU. As of the
time payment is made, YOU are responsible for safeguarding and protecting each Lot purchased by YOU. Removal of any
and all Lots purchased by YOU will be at YOUR expense, risk, and liability. YOU must notify Auctioneer in writing, and in
advance, if any other person, including, without being limited to, YOUR employees, agents, or representatives, will pick-up
YOUR purchases. If any Lot is not available for pick-up by YOU, or on YOUR behalf, during the period provided for pick-up by
Auctioneer, the Contract Price will be returned to YOU; provided, however, that, if the unavailability of the Lot(s) results, in
whole or in part, from YOUR acts or omissions, no refund will be provided. The date by which YOUR purchases must be
removed from the Auction Site is posted on an auction-by-auction basis, on the specific Auction listing. After the final removal
date, a per Lot storage fee will accrue on a daily basis. It is YOUR responsibility to completely remove all Lot(s) purchased by
YOU, and should any Lot (or part thereof) be abandoned, YOU will be liable for all costs and expenses for removal and
disposal.

Failure Pick-up or Arrange for the Delivery; Abandoned Property; Storage. If YOU are certified as the Winning
Bidder on one or more Lots, and, after paying the Contract Price for such Lot(s), YOU fail to pick-up or remove such Lot(s)
within ten (10) days after the Auction, YOU will be deemed to have abandoned such Lot(s), and any interest therein,
to Auctioneer, and YOU will give up any and all rights with respect to such Lot(s). Lots that have been abandoned to
Auctioneer may be retained by Auctioneer, sold at a subsequent auction, or otherwise disposed of. YOU will not be entitled to
any proceeds from the sale of any abandoned Lot(s). Subject to applicable law, beginning ten (10) days after the Auction, and
continuing until the removal or other disposition of any Lot(s) not been picked-up or removed, a storage charge in the amount
of Five Dollars ($ 5) per Lot will accrue on a daily basis, and Auctioneer will have a possessory lien
against such Lot(s) that may be executed on in order to satisfy such storage charges.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of
$ 35. 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.

No Stop Payment Orders or Credit Card Chargebacks. YOU agree that YOU 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. YOU further agree that if, in violation of these Terms and Conditions,
a stop payment order is issued or a credit card chargeback is initiated, these Bidder Terms and Conditions will be conclusive
evidence of YOUR (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 YOU acknowledge and agree that on
Auctioneer’s presentation of these Bidder Terms and Conditions 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 reverse or deny any credit card chargeback, and will
re-credit all amounts to or for the account of Auctioneer. If, in violation of these Bidder Terms and Conditions, YOU issue a
stop payment order or initiate a credit card chargeback, YOU will remain liable for all purchases made at the Auction, and YOU
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/or in collecting payment. YOU acknowledge and agree 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 or Bidder Account to YOU, and is being made as an inducement for Auctioneer to accept YOUR Bidder Registration,
to issue a Bidder Number or Bidder Account to YOU, and to permit YOU to bid at the Auction. YOU acknowledge and agree
that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting
YOUR Bidder Registration and in permitting YOU to bid at the Auction.

Claims. After a Lot has been removed from the Auction Site by YOU, or on YOUR behalf (including, without being
limited to shipped Lots) and/or after the date posted by Auctioneer (regardless of whether the Lot has been removed from the
Auction Site), no claims, returns, adjustments, or rescissions will be allowed for any reason, including, without being limited to,
any alleged failure of a Lot to correspond with any standard and/or expectation.

Buyer Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. Unless expressly
provided otherwise in these Bidder Terms and Conditions, to the extent that YOU may be entitled to damages or remedies, the
sole and exclusive remedy available to YOU is a return of the Hammer 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. YOU acknowledge and agree that YOU are not entitled to specific performance or other equitable relief.

Seller Remedies. If YOU breach YOUR obligations under these Terms and Conditions or under a sale Contract with
the Seller of any Lot(s), the Lot(s) may be resold and YOU will be responsible for any and all damages, including any
deficiency or reduction in the Contract Price, along with incidental damages.

Indemnification. YOU agree to indemnify 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. Without limiting the generality of the foregoing sentence, YOU accept responsibility for, and agree to indemnify,
defend and hold harmless Seller and Auctioneer, and each of them, and their respective employees, governing body, officers,
owners, affiliates, subsidiaries, directors, agents, attorneys, and representatives, from and against any and all claims, losses,
damages, liabilities, judgments, fees, costs and expenses (including reasonable attorneys’ fees and expenses) related to,
arising from or associated with YOUR participation in the Auction, including, without being limited to, personal injuries, property
damage, or financial loss, incurred by YOU or any other person or entity at the including, without being limited to, access to or
use of any Online Auction Platform, access to or presence at the Auction Site, and/or removal, transport, use, or subsequent
sale of any Lot(s).

Private Sale. YOU agree not to enter into, or to agree to enter into, a Private Sale for the purchase of any Property
included, or scheduled to be included in, the Auction, prior to or during the Auction. If YOU purchase any Property included in,
or scheduled to be included in, the Auction in a Private Sale prior to, or during, or within ten (10) days after the Auction,
Auctioneer will be entitled to receive an amount equal to Auctioneer’s full Commission and Buyer’s Premium, and YOU and
Seller will be jointly and severally responsible for the payment of such amount.

Relationship of the Parties. Auctioneer is acting solely as Seller’s agent. Auctioneer is not YOUR agent, and does
not represent YOU. Unless expressly stated otherwise in writing, Auctioneer is providing services as an independent
contractor for Seller only, and is not responsible for statements made by other parties.

Mailing List. Auctioneer may use Bidder Registration information to notify previously registered Bidders (by email or
otherwise) about future Auctions and events. YOU may opt out of receiving such notifications by providing written notice to
Auctioneer.

Audio and Video Recording; Photographs. The Auction Site may be subject to security surveillance, including
video, audio, and photographic recording. Video, audio, and photographic recording may also be taken by Auctioneer and
used on Auctioneer’s website, or, otherwise, in advertising and/or for other commercial purposes. As a condition to, and in
consideration of, YOUR presence at the Auction Site, YOU acknowledge and agree that such video, audio, and photographic
recordings may be made, and that YOU may be included on such video, audio, and photographic recordings, and YOU
consent to the same. YOU further agree that Auctioneer may use any such images or recordings in advertising and/or for other
commercial purposes on a royalty-free basis with no further consideration or remuneration to YOU.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms and Conditions will be governed
by and construed in accordance with the laws of the State of Texas, 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 Bowie County, Texas, which courts will have exclusive jurisdiction, and will be the exclusive
venue, for any and all such claims, disputes, and other matters. YOU irrevocably and unconditionally (i) agree that any claim,
suit or cause of action relating to the Auction, these Bidder Terms and Conditions, or the transactions contemplated hereby,
will be brought in the state or federal courts sitting in and for Bowie County, Texas; (ii) consent to the jurisdiction of such courts
for any such claim, suit or cause of action; (iii) waive 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) waive any objection to the bringing of such claim, suit, or cause of action
in such courts on the grounds inconvenience. YOU WAIVE THE RIGHT TO A JURY TRIAL.

Attorneys’ Fees. YOU breach YOUR obligations under these Bidder Terms and Conditions, Auctioneer and/or Seller
will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights
hereunder.

Acceptance of Bidder Terms and Conditions. YOU acknowledge and agree that YOU have had a full and fair
opportunity to review these Bidder Terms and Conditions, and that YOU have read these Bidder Terms and Conditions, YOU
understand these Bidder Terms and Conditions, and YOU accept and agree to be bound by these Bidder Terms and
Conditions.

Waiver. CERTAIN PROVISIONS OF THESE BIDDER TERMS AND CONDITIONS ARE FOR THE
EXCLUSIVE BENEFIT OF AUCTIONEER AND/OR SELLER(S). SUCH PROVISIONS, INCLUDING, WITHOUT
BEING LIMITED TO, BIDDER REGISTRATION AND QUALIFICATION REQUIREMENTS, PAYMENT TERMS,
REMOVAL AND DELIVERY TERMS, AND 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 BIDDER TERMS AND CONDITIONS THAT ARE INTENDED FOR THE
BENEFIT OF AUCTIONEER AND/OR SELLER.

PUBLIC HEALTH. YOU understand that there may be public health risks associated with being in the proximity of
others (including, without being limited to, possible exposure to COVID-19). YOU voluntarily agree to release, indemnify,
defend, and hold harmless, Auctioneer and Auctioneer's agents, representatives, and employees, from any and all liabilities,
claims, losses, causes of action or expense of any kind related, in any way, to bodily injury or infection associated as a result
of YOUR presence at the Auction Site. YOU, further, acknowledge and agree that YOU are accepting such risks for
YOURSELF and for anyone who may accompany YOU to the Auction Site, or who may handle Property from the Auction Site.
YOU further acknowledge and agree that YOU are familiar applicable public health guidelines for social distancing, and that
YOU enter the Auction Site of YOUR own free will and at YOUR own risk.

Invoice and Communications from Auctioneer. YOU will be invoiced for your purchases at the conclusion of the
Auction. If YOU are present at the Auction Site at the conclusion of the Auction, an invoice will be delivered to YOU at that
time, and may also be sent to YOU by email. If YOU are a remote Bidder, an invoice will be sent to you by email after the
conclusion of the Auction. YOU ACKNOWLEDGE AND AGREE THAT EMAIL COMMUNICATIONS, INCLUDING, WITHOUT
BEING LIMITED TO, INVOICES, PAYMENT INSTRUCTIONS, AND PAYMENT REMINDERS, MAY BE SENT OR
TRANSMITTED TO YOU BY AUCTIONEER, OR THOSE ACTING ON AUCTIONEER'S BEHALF, AT ANY TIME DURING
THE DAY OR NIGHT, AND YOU EXPRESSLY CONSENT TO THE TRANSMISSION, AND YOUR RECEIPT, OF
COMMUNICATIONS FROM OR ON BEHALF OF AUCTIONEER BY EMAIL OR OTHERWISE (INCLUDING, WITHOUT BEING LIMITED TO, INVOICES, PAYMENT INSTRUCTIONS, AND PAYMENT REMINDERS) AT ANY TIME DURING THE
DAY OR NIGHT WITHOUT LIMITATION AS TO THE DAY OF THE WEEK OR THE TIME OF DAY THAT SUCH EMAIL IS
TRANSMITTED OR RECEIVED, AND WITHOUT REGARD TO WHETHER SUCH TRANSMISSION OCCURS ON A LEGAL HOLIDAY. 

Texas
United States