TERMS OF SALE – Sale of Assets by Court Appointed
Receiver by Public Auction July 29, 2013.

Notice: All persons, bidders, interested parties, registered
bidders or persons intending to register, view, inspect, bid
or purchase any personal property, inventory, equipment, lot
or item (collectively the “Equipment”) at this auction sale
agree that they have read and have full knowledge and
understanding of these terms and agree to be bound by these
terms. The Equipment is being sold free and clear of any
security interests, liens, and claims. All security
interests, liens, and claims shall attach to the proceeds of
the sale in the same order of priority which existed prior
to such sale. All persons attend this sale at their own
risk. Within these Terms of Sale, “Auctioneer” means
“Salvadore Auctions & Appraisals, Inc.” including its
officers, directors, employees, agents and assigns”. “The
Seller” means the Receiver, including his officers,
directors, attorneys, employees, agents and assigns.
Equipment means any item(s) offered for bid or for sale.
“Purchaser” means bidder, registered person, company or
business.

1) IDENTIFICATION OF BIDDER: All purchasers are required to
give full name and address and shall sign the within terms
of sale.

2) DEPOSIT: To qualify to bid, each purchaser or bidder will
be required to make a refundable $100 deposit.

3) TIME OF PAYMENT AND SETTLEMENT, BUYERS PREMIUM, TITLES:
All bills and/or invoices due must be paid and received in
full in US Dollars by Auctioneer by the close of business
(5:00 p.m. EST) on July 29, 2013. Title shall pass after
full payment has been received by the Receiver or its agent
via the usual and customary form of bill of sale from the
Receiver for a Receiver’s auction. METHOD OF PAYMENT: cash,
certified check, bank check and/or wire transfer. ALL SALES
FINAL REGARDLESS OF MANNER OR METHOD OF PAYMENT. BUYERS
PREMIUM: A Thirteen (13%) percent Buyers Premium will be
charged and shall apply to all lots sold. Auctioneer has
not taken possession of Equipment being offered at auction
and is acting as an agent of the Receiver only.

3A) TITLES: Receiver has possession and will deliver titles
to purchasers.

4) CONDITION/REPRESENTATION OF EQUIPMENT SOLD: The
Auctioneer and the Receiver shall not be responsible for the
accuracy or correctness of the description of the Equipment.
The Auctioneer and the Receiver shall not be responsible for
the authenticity of nor defect in any Equipment and make no
warranty or representation of any kind whatsoever either
expressed or implied in connection with any Equipment being
sold or presented for sale. No deductions, allowances,
returns, credits, or reimbursements will be allowed for any
equipment damaged. All Equipment is sold strictly “AS IS,
WHERE IS, WITH ALL FAULTS” and without recourse. No
Equipment sold or presented for sale is warranted as
merchantable or fit for any specific or particular purpose
or use. No claims may be made by any purchaser that relate
to the fitness, use or condition of any Equipment purchased
or for any damages whether consequential or otherwise which
arise therefrom.

5) METHOD OF PAYMENT: All checks, deposits, balances due
shall be made payable to the order of Salvadore Auctions &
Appraisals, Inc. All bills and invoices must be paid to an
authorized representative of the Auctioneer unless other
arrangements, terms or procedures are announced. The full
purchase price, including Buyer’s Premium, appropriate Sales
and/or Use Taxes on all lots sold must be paid by the close
of business (5:00 p.m. EST) on July 29, 2013. All payments
must be made via cash, bank check, certified check and/or
wire transfer.

6) REMOVAL: All purchases must be removed by Monday July 29, 2013 unless alternative time frame has been agreed to in writing by the Receiver and the bidder. All small items of Equipment should be removed immediately following the
conclusion of the sale. No Equipment shall be removed
during the sale. Unless agreed to in writing by the
Receiver and the Purchaser, Seller shall not assist in the
movement, loading, removal or relocation of any equipment.
Removal shall be at the sole expense, risk, liability and
responsibility of the purchaser. Auctioneer shall not be
responsible under any circumstances for any Equipment not
removed within the time allowed. Auctioneer shall not be
responsible for loss resulting from storage on or at auction site after conclusion of sale. Failure to remove any Equipment purchased by July 29, 2013 shall be deemed to be abandonment of such Equipment and Receiver or Auctioneer
shall be entitled to dispose of such Equipment for its own
account and in any manner it chooses, unless otherwise
agreed to in a writing signed by the Receiver and the
Purchaser. All Equipment left on the premises after the
close of the auction are left at the sole risk of loss by
the purchaser. Any rigger, mover, crane operator, person or entity engaging in the removal, dismantling or
transportation of any lot from this site for hire shall
present a valid insurance certificate demonstrating coverage of US $2,000,000.00 to the Seller prior to commencement of any work on the premises. Auctioneer will cease to have supervision of the Equipment at 5 PM July 29, 2013.

7) INDEMNIFICATION: The undersigned agrees to hold the
Auctioneer, Salvadore Auctions & Appraisals, Inc., and
Receiver, along with their respective agents, officers,
directors, shareholders, partners, members or affiliates
harmless from and against all liabilities, claims, damages,
or actions relating to or arising from the condition or use
of the Equipment purchased, or from the failure of the
purchaser or user to conform to or follow instructions,
warnings, operating or other recommendations of the
manufacturer, or failure to comply with state, federal or
local law(s) applicable to such articles, lots or items, or
from any damages whether consequential or otherwise, and any
and all costs or legal expenses arising from any liability,
claim or action.


8) RESPONSIBILITY OF NON- DELIVERY: Auctioneer shall not be
responsible to any party for non-delivery.

9) RISK ASSUMED BY PERSONS, BIDDERS AND PURCHASERS: All
persons whether purchasers, attendees, or interested parties
attending the sale or the inspection assume all risks of
damage or loss to person and property and release the
Auctioneer, Salvadore Auctions & Appraisals, Inc. and the
Receiver from any and all liability. The Auctioneer and the
Seller shall not be liable for any defect in or condition of
the premises upon which the auction, inspection or move out
is held. All persons attending this sale do so at their own
risk and hereby release the Auctioneer and the Receiver from
any and all claims arising from attendance at this auction
and hereby hold harmless the Auctioneer Salvadore Auctions &
Appraisals, Inc. and the Receiver from all damages, costs,
expenses and claims arising from any action or cause of
action arising from this sale.

10) ADDITION TO/WITHDRAWAL FROM SALE, METHOD OF SALE:
Auctioneer reserves the right to add or withdraw items,
articles or lots from the sale whether listed or not, and
reserves the right to group, split, combine or divide lots
in to larger or smaller lots wherever the best interest of
the Receiver is served. The Receiver reserves the right to
accept or reject, for any reason, any and all bids.

11) DISPUTE BETWEEN BIDDERS: Auctioneer reserves the right
to put up for resale or decide winner should a dispute among
bidders arise. The Auctioneer’s decision shall be deemed
absolute and final.

12) RECORDS/AGENCY: The record kept by the Auctioneer or
clerk shall be final in the event of dispute.

13) DEFAULT OF PAYMENT: Should purchaser default on payment
for any reason or fail to pay bills in full by the close of
business (5:00 p.m. EST) on July 29, 2013 and/or by failure
to remove the Equipment by July 29, 2013, Auctioneer and
Receiver shall be entitled to, and in addition to any and
all other remedies under applicable law, retain all monies
received as deposit, partial payment or otherwise as
liquidated damages. Any Equipment not removed within the
fixed time above may be resold at a future sale whether
public or private sale without further notice. All
expenses, balances due, charges of resale, including
reasonable attorneys’ fees and expenses incurred by the
Receiver will be charges to and be the responsibility of the
undersigned.

14) ADDITIONAL TERMS AND CONDITIONS: Auctioneer may add
additional terms and conditions to the sale. Such terms
shall take precedence.

I have read the above terms and conditions and agree to be
bound by these terms and conditions.
Read and Understood and agreed by: