PARCEL 2: Agricultural Land (Middle Property)

PARCEL 1: Bordering Styren Industrial Park Lots (Northernmost)

Prime Opportunity 30 +/- Acres

• Large lot south of established industrial park

• City utilities available

• Ready for development or continued use.

PARCEL 2: Agricultural Land (Middle Property)

Bare Land Tract - 77 +/- Acre

• Quality agricultural ground for farming or grazing

• Large open fields perfect for crops or livestock

• Mineral rights included - oil/gas lease in place

• Edge of city limits location

PARCEL 3: Complete Horse Property & Family Home (Southernmost)

Home & All Buildings on 10.75 +/- Acres

• Beautiful 1956 brick home - 1,836 sq ft, 3BR/2BA, completely updated 2015 - Finished Basement

• Premium horse facilities: 6-stall brick barn with hay loft, 40' x 100' indoor arena

• Two 24' grain bins (7,500 bushels each) with workshop and storage

• Utilities: City water, natural gas heat, A/C, dual septic systems

• Mineral rights included - With established Oil/Gas Lease

• All the improvements and buildings from the original homestead

 

These Bidder Terms and Conditions apply to auctions conducted by Rivers West Auction LLC

(“Auctioneer”), and constitute a legal, valid, binding, and enforceable contract between

Auctioneer and YOU. These Bidder Terms and Conditions form the basis for the contract of sale

between YOU and the Seller.

1. 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.

2. Auction Conducted in the State of Montana. The Auction is conducted in the State of

Montana. The Property is offered for sale in the State of Montana, and will be sold and delivered

in the State of Montana. Notwithstanding YOUR physical location, these Bidder Terms and

Conditions are entered into in the State of Montana, all bids and payments are received in the

State of Montana, and all contracts between Seller and Buyer are formed and entered into in the

State of Montana.

3. Definitions. Definitions. The following definitions apply to these Bidder Terms and Conditions

for each auction conducted by Auctioneer:

“Absentee Bid” means a bid submitted to Auctioneer by an Absentee Bidder for the execution

during the Auction under terms established by Auctioneer.

“Absentee Bidder” means a Bidder that submits an Absentee Bid, whether or not physically

present at the Auction.

“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that

property is sold to the highest bidder regardless of the amount of the final bid, with no limiting

conditions, restrictions, or reservations. This type of auction is also known as an auction Without

Reserve. Provided that a bid is received within a reasonable time after property is put up at

Absolute Auction, the property will be sold to the highest bidder regardless of the final bid

amount. Property put up at Absolute Auction may be withdrawn by Auctioneer if a bid is not

received within a reasonable time. UNLESS SPECIFICALLY AND EXPRESSLY STATED BYAUCTIONEER IN WRITING, NO PROPERTY IS BEING EXPOSED FOR SALE AT ABSOLUTE

AUCTION OR WITHOUT RESERVE.

“Bidder” means any person or entity, and the agents or representatives of any such person or

entity, that registers, and/or bids, and/or buys, and/or otherwise participates in the Auction

(including, without being limited to, inspection), regardless of whether such person or entity

tenders a bid.

“Bidder Account” means the number or other identifier assigned to a Bidder by Auctioneer or by

an Online Auction Platform Provider. (See, also, Bidder Number).

“Bidder Number” means the number or other identifier issued by Auctioneer to a Bidder for the

purposes of identifying bids to such Bidder. (See, also, Bidder Account).

“Bidder Registration” means the information provided by a Bidder, and the process of registering

such Bidder to bid at the Auction, including the Bidder’s agreement to be bound by these Bidder

Terms and Conditions.

“Bidder Terms and Conditions” means Auctioneer’s Bidder Terms and Conditions.

“Buyer” means the Winning Bidder.

“Buyer’s Premium” is a non-refundable administrative fee calculated as a percentage of the

Hammer Price that is payable by the Buyer to Auctioneer for Auctioneer’s own account. If the

sale of the Property is Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated

on the amount of the High Bid Subject to Confirmation or such other amount as may be agreed

to between Seller and Buyer, whichever is greater. The Buyer’s Premium is earned by

Auctioneer, and becomes Auctioneer’s property, at the Fall of the Hammer

“Closing” means the settlement on the sale of the Property at which Seller sells, transfers,

assigns, and conveys Seller’s right, title, and interest in the Property to the Buyer, and the Buyer

pays the balance of the Contract Price.

“Closing Date” means the date on which the Closing occurs.

“Commission” means the amount payable by or on behalf of Seller to Auctioneer for

Auctioneer’s services, calculated as a percentage of the Hammer Price.

“Contract Price” means an amount equal to the Hammer Price plus the Buyer’s Premium. Real

estate transfer tax, revenue stamps, grantor’s tax, and any similar such taxes or fees will be

calculated on the Contract Price.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer

declares the Property “sold” to the Bidder acknowledged by Auctioneer as having made the

Winning Bid. During an online auction, the Fall of the Hammer may occur electronically at the

end of timed (or extended) bidding. If the Property is exposed for sale Subject to Seller’sConfirmation, the Fall of the Hammer will occur on Seller’s confirmation of the sale either at the

High Bid Subject to Confirmation or at such other amount as may be agreed to, in good faith, by

Seller and the Buyer.

“Hammer Price” means the High Bid amount recognized by Auctioneer with the Fall of the

Hammer. If the Property is exposed for sale Subject to Seller’s Confirmation, the Hammer Price

will be (i) the High Bid Subject to Confirmation if confirmed by Seller, or (ii) such other amount

as may be agreed to, in good faith, by Seller and the Buyer, whichever is greater.

"High Bid Subject to Confirmation" means the high bid amount recognized by Auctioneer at the

conclusion of bidding if the Property is exposed for sale Subject to Seller's Confirmation. If (i)

the High Bid Subject to Confirmation is confirmed by Seller, or (ii) Seller and Buyer agree, in

good faith, to some other greater amount, it will be the Hammer Price.

“No Sale” occurs if the Property is put up at the Auction but is not sold, and Auctioneer passes,

withdraws the Property, or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct an Auctioneer

online and to facilitate online bidding, including any associated, adjunct, and/or complementary

websites, services, premiums and promotions.

“Online Auction Platform Provider” means the provider of the Online Auction Platform and

related services.

“Online Bidding Period” means any established period during which online bids may be

tendered.

“Participating Broker” means a licensed real estate professional who has (i) registered with

Auctioneer prior to the Auction, (ii) served as a buyer’s broker for the Winning Bidder at the

Auction, and (iii) complied with all of Auctioneer’s requirements.

“Participating Broker Fee” means an amount that is payable to a Participating Broker in

accordance with Auctioneer’s policy and these Bidder Terms and Conditions.

“Private Sale” means an event in which the Property is sold (or gifted) other than at the Auction.

“Private Sale Price” means the fair market price paid, or agreed to be paid, at a Private Sale in

an arms-length transaction between Seller and a purchaser. If the Property is sold through a

Private Sale for less than its fair market value, or in a transaction that is not an arms-length

transaction, or is gifted by the Seller, the Private Sale Price will be an amount equal to the fair

market value of the Property in an arms-length transaction.

“Property” means the single or multiple parcels of real estate exposed for sale at Auction by

Auctioneer.“Purchase Agreement” means the contract for the purchase and sale of the Property to be

executed at the close of bidding by the Winning Bidder, or the Bidder making the High Bid

Subject to Confirmation, as the case may be. In an Auction Subject to Seller’s Confirmation,

Seller will execute the Purchase Agreement only on Seller’s confirmation, approval, and

acceptance of the High Bid Subject to Confirmation.

“Purchase Deposit” is the good faith deposit made by the Buyer against the Contract Price.

“Registration Deposit” means a deposit that Auctioneer may require from Bidders in order to

register for the Auction.

“Registration Package” means all materials provided to, or made available to, Bidders in

connection with the Auction, including documents, certificates, descriptions, disclosures,

waivers, disclaimers, registration forms, applications, maps, surveys, reports, deeds, these

Bidder Terms and Conditions, and the Purchase Agreement.

“Reserve” or “With Reserve” means that property exposed for competitive bidding at the Auction

may be withdrawn by Auctioneer and/or bids may be rejected by Auctioneer prior to the Fall of

the Hammer. It is not necessary for there to be a Reserve Price for an Auction to be With

Reserve. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY

AUCTIONEER IN WRITING, ALL PROPERTY IS BEING EXPOSED FOR SALE WITH

RESERVE.

“Reserve Price” means, if applicable, the minimum price that Seller is willing to accept for the

Property. If the Property is subject to a Reserve Price, the Property will not be sold unless the

Reserve Price is met or waived. It is not required for any Reserve Price to be disclosed.

“Seller” means (i) the owner or the Property, or (ii) the person or entity empowered to convey

title to the Property.

“Subject to Seller's Confirmation” means, if announced, posted, or advertised, that after the High

Bid Subject to Seller’s Confirmation has been received and acknowledged by Auctioneer, Seller

may determine, in Seller's sole and absolute discretion, to (i) accept such bid, (ii) reject such

bid, or (iii) negotiate a higher price.

“Winning Bid” means the highest bid received and accepted (and if Subject to Seller’s

Confirmation, confirmed by Seller).

“Winning Bidder” means the Bidder who is recognized by Auctioneer as having made the

Winning Bid.

“Withdrawn,

” “Withdrawal,

” or “Withdraw” refers to the circumstance in which the Property is

removed or withdrawn from the Auction, or in which it is determined that the Property will not be

offered or sold at the Auction.“Without Reserve” means Absolute. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY

AUCTIONEER IN WRITING, NO PROPERTY IS BEING EXPOSED FOR SALE AT ABSOLUTE

AUCTION OR WITHOUT RESERVE.

4. 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.

5. 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; and/or (iii) 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 enter the Auction Site at YOUR own risk, YOU assume such risk 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; and/or (iii) 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.

6. Nature of the Auction. Unless otherwise stated in writing, the Auction will be With Reserve

AND Subject to Seller’s Confirmation. Auctioneer may Withdraw the Property, or any parcel of

Property, prior to the Fall of the Hammer, even if bids have been tendered and/or recognized. In

addition to being With Reserve, the Property may be sold Subject to Seller’s Confirmation, and

Seller may, in Seller’s sole and absolute discretion, accept or reject the final bid on the Property.

If Seller has not accepted the High Bid Subject to Confirmation within forty-eight hours after the

close of bidding at the Auction, then Seller will be deemed to have rejected the High Bid Subject

to Confirmation.

7. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be

adjusted or modified in Auctioneer’s sole and absolute discretion.

8. 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 the Property may be sold to

another Bidder for the maximum amount of the Absentee Bid based on a bidding sequence that

causes another Bidder to reach the 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.

9. Buyer's Premium. The Property 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 Buyer’s Premium is Six percent (6%) of the Hammer Price, and will be added to the

Hammer Price to determine the Contract Price for the Property. If YOU are the Winning Bidder

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 the Property is

resold. Because the Buyer's Premium is earned with the Fall of the Hammer, Auctioneer has noobligation to mitigate damages with respect to the Buyer's Premium, and YOU acknowledge and

agree that mitigation of damages is not possible.

10. 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:

10.1. 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.

10.2. Online Bidding; Maximum Bids. Online bids may be submitted as a single advancing bid or

as a maximum bid, and bidding will advance competitively to the next available increment. If

YOU submit a single advancing bid and YOUR bid is equal to or less than the maximum bid

previously submitted by another Bidder, YOU will be outbid. If YOU submit a maximum bid and

a maximum bid has previously been submitted by another Bidder, 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 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.

10.3. 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.

10.4. 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.

10.5. 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, the Online Bidding Period

will be automatically extended for an additional period of time in increments established byAuctioneer, 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 will close.

10.6. 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.

10.7. 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).

10.8. 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.

11. No Bid Retraction; Irrevocable Offer. Without Auctioneer's consent (which consent may be

granted or withheld in Auctioneer's sole and absolute discretion), YOU may not retract or revokea 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; and (iv) 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. YOU

recognize that if the bidding is reopened for any reason after the Fall of the Hammer, or if

Auctioneer permits the withdrawal of a subsequent advancing bid, YOUR bid may be accepted

and YOU may be declared the Winning Bidder. If YOUR online bid is not accepted prior to or at

the close of bidding, the offer will terminate seventy-two (72) hours after (i) the close of bidding

or (ii) the expiration of the period for Seller to accept of reject a High Bid Subject to

Confirmation, whichever is later.

12. Responsibility for Bids Placed on Bidder Number or Bidder Account. 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.

13. 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 sufferno 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 the Property or any aspect of any Auction sale. Advertised times are

estimates provided for convenience only, and Auctioneer will have no liability with respect to any

Property sold before or after an advertised time.

14. 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 will be resolved by

Auctioneer, and Auctioneer may reopen the Bidding. Auctioneer’s determination of the Winning

Bidder will be final and conclusive.

15. 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 unless the Auction is expressly identified, in writing, as

being an Absolute Auction that is not a forced sale. At a Reserve Auction (including an Auction

that is also Subject to Seller’s Confirmation), Auctioneer may execute bids on Seller’s behalf,

and there is no requirement that any specific bid executed on Seller’s behalf be identified as

such or that such bids will be tendered under any single Bidder Number or Bidder Account.

16. 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.

17. All Property Sold “AS IS,

” “WHERE IS,

” and “WITH ALL FAULTS.

” THE PROPERTY IS

BEING OFFERED AND SOLD IN ITS AS IS/WHERE IS CONDITION AT THE TIME OF THE

AUCTION, WITH ALL FAULTS, INCLUDING ANY HIDDEN DEFECTS OF ANY NATURE.

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 PROPERTY OR ANY PERSONAL PROPERTY CONVEYING

WITH THE PROPERTY, INCLUDING, WITHOUT BEING LIMITED TO, REPRESENTATIONS,

WARRANTIES, OR GUARANTEES AS TO THE NATURE, VALUE, SOURCE, AUTHENTICITY,

FITNESS, MERCHANTABILITY, AND/OR ANY OTHER ASPECT OR CHARACTERISTICS OF

THE PROPERTY OR ANY PERSONAL PROPERTY CONVEYING WITH THE PROPERTY. NO

STATEMENT ANYWHERE, WHETHER EXPRESS OR IMPLIED, INCLUDING VERBAL

STATEMENTS MADE BY AUCTIONEER, WILL BE DEEMED TO BE A REPRESENTATION,

WARRANTY, OR GUARANTY BY AUCTIONEER OR SELLER. WITHOUT LIMITING THE

GENERALITY OF THE FOREGOING, THERE ARE NO WARRANTIES OF

NON-INFRINGEMENT, AUTHENTICITY, ORIGIN, MERCHANTABILITY, OR FITNESS FOR A

PARTICULAR PURPOSE WITH RESPECT TO ANY PERSONAL PROPERTY CONVEYING

WITH THE PROPERTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU

ACKNOWLEDGE AND AGREE THAT YOU CANNOT RELY, AND HAVE NOT RELIED, ON

ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER ORANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE

PROPERTY. IF THE PROPERTY IS AVAILABLE FOR PRE-AUCTION INSPECTION, YOU

ACKNOWLEDGE AND AGREE THAT YOU HAVE HAD A FULL AND FAIR OPPORTUNITY TO

INSPECT THE PROPERTY PRIOR TO BIDDING, AND YOU ARE RELYING SOLELY ON, OR

YOU HAVE WAIVED, YOUR INSPECTION AND INVESTIGATION (i) IN DETERMINING

WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. IF

THE PROPERTY IS NOT AVAILABLE FOR PRE-AUCTION INSPECTION, YOU

ACKNOWLEDGE AND AGREE THAT (i) YOU ARE KNOWINGLY AND WILLING BIDDING ON

THE PROPERTY 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

PROPERTY WITHOUT A PRE-AUCTION INSPECTION.

18. Pre-Auction Inspection; Due Diligence. By bidding, YOU acknowledge and agree that (i) if

the Property is available for pre-Auction inspection, (A) YOU have had a full and fair opportunity

to inspect the Property prior to bidding, and (B) YOU are relying solely on, or YOU have waived,

YOUR inspection and investigation. If the Property is not available for pre-Auction Inspection,

You acknowledge and agree that (i) YOU are knowingly and willingly bidding on the Property

without a pre-Auction inspection, and (ii) YOU are assuming any and all risks associated with

YOUR purchase of the Property without a pre-Auction inspection. In either case, YOU

acknowledge and agree that YOU are not relying on any representations or warranties by

Auctioneer or Seller. YOU, further, acknowledge and agree that any photographs or other

images of the Property 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. YOU have made all necessary inquiries and

investigations regarding the Property, and YOU are prepared to purchase the Property in its AS

IS, WHERE IS condition, with all faults and with no contingencies. It is YOUR responsibility to

obtain and read the Registration Package and any other materials related to the Property that

may be made available by Auctioneer. It is YOUR responsibility to inspect the Property; review

any and all documents and materials related to the Property; assess the accuracy and

completeness of the information made available to YOU; and independently verify and confirm

any estimates, projections, or assumptions relating thereto, none of which may be considered to

be representations, warranties, or guarantees. YOU may select and consult with any and all

professional advisors of YOUR choosing in determining whether to bid at the Auction. YOU

acknowledge and agree that YOU have relied exclusively on YOUR own investigation and

determinations and the advice of YOUR own professional advisors, and that YOU have not

relied on any information provided by the Seller or the Auctioneer.

19. Description of Property. Unless expressly stated otherwise in writing, any description of

Property is based solely on visual impression, or on public records that are believed to be

accurate but are not guaranteed. Any and all such descriptions are given solely for identification

purposes, and do not create any warranty, expressed or implied, or representation by

Auctioneer. Auctioneer does not warrant any of Seller’s statements made on any disclosure

statement(s).20. Announcements. 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.

21. Registration Deposit. YOU may be required to make a Registration Deposit in order to bid

on the Property. If YOU are the Winning Bidder, the Registration Deposit will be applied against

the Contract Price for the Property. Auctioneer may verify YOUR identity and credit by placing a

hold in the amount of Ten Thousand Dollars ($10,000) against a credit card issued in YOUR

name.

22. Separately Deeded Parcels. If the Property consists of two or more separately deeded

parcels, Auctioneer may, in Auctioneer’s discretion, put the parcels up for bid individually, as an

entire group, and by various combinations, and the bids received by each method will be held

until it is determined which method yields the highest aggregate amount. Bidding may be

conducted in multiple rounds, and methods or combinations may be eliminated until the final

method or grouping yielding the highest aggregate amount is determined.

23. Purchase Agreement; Contract Price. If YOU are the Winning Bidder or the Bidder making

the High Bid Subject to Confirmation, YOU will execute the Purchase Agreement promptly on

the close of the Auction. In auctions Subject to Seller’s Confirmation, Seller will execute the

Purchase Agreement if Seller accepts and confirms the High Bid Subject to Confirmation. The

Purchase Agreement is available for review prior to opening of the bidding, and is incorporated

in and made a part of these Bidder terms and Conditions. The Contract Price in the Purchase

Agreement will be the High Bid Amount, or Hammer Price, plus the Buyer’s Premium.

24. Purchase Deposit. If YOU are the Winning Bidder, or the Bidder making the High Bid

Subject to Confirmation, as the case may be, YOU will be required to make a Purchase Deposit

on execution of the Purchase Agreement. The Purchase Deposit (which will include any

Registration Deposit made by YOU) will be in an amount equal to ten percent (10%) of the

Contract Price (i.e., ten percent (10%) or the total amount of the Hammer Price plus the Buyer’s

Premium). The Purchase Deposit may be paid in cash or its equivalent, by certified funds, by

credit card (if that service made available by Auctioneer), or by approved personal or company

check as approved by Auctioneer. The Purchase Deposit will be held in a non-interest bearing

account. If the Purchase Deposit is forfeited by YOU, it will be applied to the payment of

amounts due and owing to Auctioneer before any distribution to Seller or otherwise.

25. No Buyer Contingencies. There will be no Buyer conditions or contingencies to the sale of

the Property, except that Seller will be required to deliver of good and marketable title.

26. Closing; Deed. The Closing will occur at a mutually agreed time and place within Forty-Five

(45) days after the Auction date, unless extended with the written consent of Seller and

Auctioneer. At the Closing, (i) the Buyer will pay the balance of the Contract Price and any and

all fees, expenses, and other amounts due and owing to the Seller, to the Auctioneer, or

otherwise, along with all other amounts required to close on the purchase of the Property in

immediately available funds, and (ii) Seller will deliver a Bargain and Sale Deed.27. Broker Participation. If a Participating Broker who has registered with Auctioneer prior to the

Auction produces the Buyer (whose Bidder Registration indicates that such Buyer is

represented by the Participating Broker), the Participating Broker may be paid a Broker

Participation Fee, in an amount and manner established by Auctioneer.

28. Taxes. Real estate excise tax will be calculated based on the Contract Price and will be paid

by the Seller. Any and all other taxes or surcharges will be calculated based on the Contract

Price and will be paid by the Buyer.

30. Title Insurance; Closing Fees and Expenses.

30.1. Title Insurance. Seller will pay the cost of a standard owner's policy of title insurance. Any

extended coverage or special endorsements to be paid by Buyer. The Property will be insured

as free and clear of all monetary liens and encumbrances.

30.2 Closing Fees and Expenses. Unless otherwise provided in writing, Buyer and Seller will

equally pay any and all Closing fees and expenses.

31. Apportionment. Taxes and all other periodic realty costs, if any, will be apportioned pro rata

as of the date of the Closing. Seller will pay for all days up to and including the date of the

Closing, and Purchaser will pay for all days following the date of the Closing.

32. Zoning; Land Use; Occupancy Permit. Neither Auctioneer nor Seller makes any

representations or warranties as to the zoning of the Property or any other land use restrictions

affecting the Property, and there are no representations, warranties, or guarantees as to the

issuance of any necessary occupancy permit(s). It is YOUR responsibility to make such

inquiries and investigations as may be necessary to confirm the applicable zoning and land use

restrictions affecting the Property, as well as the availability and/or requirements for the

issuance of any necessary occupancy permit(s). The purchase of the Property will not be

contingent in any way on zoning or land use restrictions, or on whether YOU may put the

Property to any desired use, or on whether any necessary occupancy permit(s) may issue. YOU

acknowledge and agree that YOU are not relying on any representations by Seller or Auctioneer

concerning zoning or other land use restrictions affecting the Property, or concerning the

issuance or any necessary occupancy permit(s).

33. Seller’s Residential Real Estate Disclosure Statement. If the Property is residential real

estate with respect to which Seller is required to furnish a Residential Property Disclosure

Statement, the same has been made available for review prior to the opening of bidding at the

Auction, and YOU acknowledge receipt thereof.

34. Lead-based Paint Disclosure. If the Property includes residential improvements constructed

prior to 1978, a Lead-based Paint Disclosure Statement has been furnished by Seller and made

available for review prior to the opening of the bidding, and YOU acknowledge receipt thereof.

35. Breach.35.1. Seller’s Breach. If Seller breaches any of Seller’s obligations with respect to the purchase

and sale of the Property, Buyer’s sole and exclusive remedy will be return of the Purchase

Deposit and any other monies actually paid by the Buyer; provided, however, that the Buyer’s

Premium is non-refundable. Notwithstanding the foregoing, if Seller breaches Seller’s

obligations under these Bidder Terms and Conditions or under the Purchase Agreement, the

Buyer may seek to recover an amount equal to the Buyer’s Premium from Seller (not from

Auctioneer). Under no circumstances will Auctioneer or Seller be liable for incidental or

consequential damages, including, without being limited to lost profits or reduced productivity.

Specific performance is not available as a remedy to Buyer.

35.2. Buyer’s Breach. If Buyer breaches any of Buyer’s obligations, Buyer will forfeit the

Purchase Deposit and any other monies actually paid to Seller or Auctioneer, and will pay all of

Seller’s and Auctioneers costs and expenses (including reasonable attorneys’ fees and costs of

litigation). If the Property is subsequently offered for sale (at auction or otherwise), Buyer will be

responsible for any and all costs and expenses incurred with respect thereto, including, without

being limited to, advertising and labor. Buyer will also be responsible for any shortfall between

the Contract Price established at the Auction and any subsequent lower amount for which the

Property may be sold. In addition to, and not in lieu of, the foregoing, if YOU are the Winning

Bidder or the Winning Bidder Subject to Confirmation, and fail to execute the Purchase

Agreement and/or fail to tender the Purchase Deposit or the Buyer’s Premium, you will forfeit

the Registration Deposit, if any, and Auctioneer may charge YOUR credit card on file in the

amount of Ten Thousand Dollars ($10,000) which amount will be treated as a non-compliance

fee but will not relieve YOU of any other damages, or otherwise limit the remedies available to

Auctioneer or Seller. Auctioneer and Seller reserve the right to immediately offer the Property for

sale again on the Winning Bidder’s default.

36. Risk of Loss. The risk of loss or damage to the Property is assumed by the Seller until

Closing, except for in the event of loss or damage to the Property exceeding ten percent (10%)

of the Hammer Price, then Seller may elect to either repair the damages, provide credit at

Closing, or terminate the Purchase Agreement.

37. Time is Of the Essence. Time is of the Essence with respect to the purchase and sale of the

Property.

38. Bidding by or on Behalf of Seller. Seller, or someone acting on Seller’s behalf, may bid at the

Auction if the Auction is conducted With Reserve or Subject to Seller’s Confirmation, and, if the

Property is subject to a Reserve Price, Auctioneer may bid up to the Reserve Price on Seller’s

behalf. If the Auction is an Absolute Auction, then Seller may not bid unless it is a forced sale

(i.e., pursuant to a court order), under which circumstances Seller reserves the right to bid either

directly or indirectly.

39. Conduct of the Auction. Auctioneer will regulate all matters relating to the conduct of the

Auction and Auctioneer’s decisions will be final and binding. Auctioneer will have control over

bidding, and Auctioneer will resolve any and all disputes. If, after the Fall of the Hammer or

other termination of the bidding, (i) Auctioneer is made aware of a bid that was tendered prior tothe Fall of the Hammer or other termination of the bidding, but not recognized for any reason, or

(ii) some other bid dispute arises, Auctioneer may, in Auctioneer’s sole and absolute discretion,

reopen the bidding (but will not be required to). Any contract formed with the Fall of the Hammer

will be subject to the conditions set forth in this Section. If bidding is reopened pursuant to this

Section, the bid recognized by Auctioneer prior to the reopening of the bidding will be held, and

may not be retracted, and, if no further bids are received, such bid will be the Winning Bid.

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

and conclusive.

41. Returned Checks. Any checks that are returned unpaid will be subject to a returned check

fee in the amount of $50. 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.

42. 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 initiates a credit card chargeback, YOU,

even if successful, will remain liable for all purchases made at the Auction, and will be

responsible for all costs and expenses, including attorneys’ fees, incurred by or on behalf of

Auctioneer and/or Seller in challenging the stop payment order or credit card chargeback and in

collecting payment. 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, and is being made as an inducement for Auctioneer to accept YOUR Bidder

Registration, to issue a Bidder Number or Bidder Account, 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, in issuing a Bidder Number of Bidder Account, and in permitting YOU to bid at the

Auction.

43. Incidental or Consequential Damages: Specific Performance. YOU will not be entitled to

incidental or consequential damages, including, without being limited to lost profits or reduced

productivity for any reason. YOU will not be entitled to specific performance or other equitable

relief for any reason.44. 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.

45. Private Sale. If YOU and Seller enter into an agreement for a Private Sale of the Property

prior, during, or within three hundred sixty-five (365) days after the Auction, Auctioneer will be

entitled to receive an amount equal to Auctioneer’s Commission, Buyer’s Premium, and

reimbursable expenses, and YOU will be jointly and severally liable, along with Seller and any

broker(s) or agents(s) participating in the transaction, to pay such amount to Auctioneer.

Nothing in this Section is intended to limit, and nothing in this Section will be construed as

limiting, Auctioneer’s recourse to any other remedies, including damages, whether for tortious

interference with a contractual relationship, or otherwise.

46. Agency Disclosure; Relationship of the Parties. AUCTIONEER IS THE AGENT OF THE

SELLER ONLY. Auctioneer is not YOUR agent or the agent or any other Bidder. Auctioneer

does not represent YOU or any other Bidder. Unless expressly stated otherwise, Auctioneer is

not the Seller and is not a partner or co-venturer of the Seller.

47. Severability. If any provision set forth in these Bidder Terms and Conditions is determined to

be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will

continue to be valid and enforceable the fullest extent legally permissible, and, to the extent

practicable, the offensive provision may be reformed by the court so as to render it legal, valid,

and enforceable, or to, otherwise, accomplish the intent of the deleted provision as permitted by

law.

48. Attorneys’ Fees. If 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

49. 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.

50. 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.

51. 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 Auctioneermay 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.

52. 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

Montana, 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 Superior

Court of Lake County, Montana, which court will have exclusive jurisdiction, and will be the

exclusive venue, for any and all such claims, disputes, and other matters between the parties.

YOU WAIVE THE RIGHT TO TRIAL BY JURY.

53. Attorneys’ Fees. In the event any action, proceeding, or hearing is required to enforce these

Bidder Terms and Conditions. any of the terms of this Agreement, the substantially prevailing

party is entitled to recover all costs and expenses incurred therein, including reasonable

attorneys' fees and costs through appeal.

54. 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.

55. 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.

602 2nd Street NE
Cut Bank, Montana 59427
United States