GRADALL 534D6-42 6000lb X 42' ALL TERRAIN FORKLIFT, s/n 0688334. (RESERVED FOR LOAD OUT THROUGH

TERMS AND CONDITIONS OF SALE

1. ALL INTERNET BIDDERS MUST REGISTER FOR THE AUCTION AT WWW.BIDSPOTTER.COM AT LEAST 48-HOURS PRIOR TO THE SALE DATE. ALL INTERNET BIDDERS MUST MAKE A DEPOSIT OF 25% OF THE MAXIMUM AMOUNT YOU PLAN TO SPEND OR A MINIMUM OF $5,000.00 WITH BAMBECK AUCTIONEERS INC. FOR APPROVAL TO BID. MAIL YOUR DEPOSIT IN THE FORM OF A CASHIER’S CHECK PAYABLE TO BAMBECK AUCTIONEERS INC.: PO BOX 549, DOVER, OH 44622-0549 OR YOU MAY WIRE THE DEPOSIT (CALL FOR WIRE TRANSFER INFORMATION: PAUL 330-260- 0191). THE DEPOSIT MUST BE RECEIVED 48 HOURS PRIOR TO THE START OF THE AUCTION. CREDIT CARDS WILL NOT BE ACCEPTED. DEPOSITS OF UNSUCCESSFUL PURCHASERS WILL BE RETURNED WITHIN 48 HOURS OF AUCTION CONCLUSION.

2. BUYERS PREMIUM: 3% WILL BE ADDED TO THE WINNING BID TO DETERMINE THE FINAL SALES PRICE.

3. PAYMENT OF PURCHASE(S): SUCCESSFUL BIDDERS WILL BE INVOICED WITHIN 24 HOURS OF AUCTION DATE. THE NET AMOUNT DUE (INVOICE AMOUNT LESS DEPOSIT) MUST BE PAID IN FULL WITHIN 24 HOURS BY BANK CASHIER’S CHECK OR WIRE TRANSFER (CALL FOR WIRE TRANSFER INFORMATION: PAUL 330-260-0191). CREDIT CARDS WILL NOT BE ACCEPTED.

4. THE TERM “AUCTIONEER” HEREIN REFERS TO BAMBECK AUCTIONEERS INC. THE TERM “SELLER” HEREIN REFERS TO THE COURT APPOINTED RECEIVER.

5. REMOVAL: NO ITEMS MAY BE REMOVED FROM THE PREMISES UNTIL COMPLETE PAYMENT HAS BEEN MADE. ALL ITEMS MUST BE REMOVED FROM THE PREMISES AS SOON AS POSSIBLE AND NOT LATER THAN 4:00 PM FRIDAY, APRIL 22, 2016. ANY ITEMS REMAINING AFTER THAT TIME WILL BE CONSIDERED ABANDONED.

THE PREMISES WILL BE OPEN FOR REMOVAL ON THE DAY OF THE AUCTION UNTIL 6:00 P.M., THURSDAY, APRIL 14, FRIDAY APRIL 15, SATURDAY APRIL 16 AND MONDAY APRIL 18 FROM 8:30 AM - 4:30 PM. ALL OTHER REMOVAL ARRANGEMENTS MUST BE MADE BY APPOINTMENT - CALL JUDY BOLOGNA 330-432-0004. PURCHASERS ARE RESPONSIBLE FOR ANY REQUIRED DISMANTLING, LOADING & TRANSPORT OF PURCHASED ITEMS AT THEIR SOLE RISK AND EXPENSE. PURCHASERS SHALL BEAR ALL RISK OF LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY CAUSED BY REMOVAL. ANY PURCHASER, RIGGER OR RIGGING COMPANY, WANTING TO BRING EQUIPMENT ONTO THE PREMISES (FORK LIFTS, CRANES, TRACTORS, CUTTING TORCHES, ETC.) MUST FIRST PROVIDE THE AUCTIONEER AND THE OWNER OF THE AUCTION SITE PREMISES WITH A CERTIFICATE OF INSURANCE REFLECTING LIABILITY COVERAGE ACCEPTABLE TO THE AUCTIONEER. PURCHASERS AND/OR THEIR AGENT (S) SHALL BE REQUIRED TO REPAIR AND RESTORE ANY DAMAGE TO THE REAL PROPERTY OR PERMANENT IMPROVEMENTS WHICH MAY RESULT DURING THE REMOVAL OF ITEMS PURCHASED. SAID REPAIRS AND RESTORATION MUST BE MADE PRIOR TO REMOVAL OF PURCHASED ITEMS FROM THE PREMISES.

6. IN DEFAULT OF PAYMENT OF BILLS IN FULL WITHIN THE TIME HEREIN SPECIFIED, THE AUCTIONEER, IN ADDITION TO ALL OTHER REMEDIES ALLOWED BY LAW, MAY RETAIN ALL MONIES RECEIVED AS DEPOSIT OR OTHERWISE, AS LIQUIDATED DAMAGES. LOTS NOT PAID FOR AND OR REMOVED AS SPECIFIED HEREIN MAY BE RESOLD AT PUBLIC OR PRIVATE SALE OR OTHERWISE DISPOSED OF WITHOUT FURTHER NOTICE AND ANY DEFICIENCY, TOGETHER WITH ALL EXPENSES AND CHARGES OF RE- SALE, WILL BE CHARGED TO THE DEFAULTING PURCHASER(S).

7. THE AUCTIONEER RESERVES THE RIGHT TO GROUP ONE OR MORE LOTS INTO ONE OR MORE SELLING LOTS OR TO SUBDIVIDE INTO TWO OR MORE SELLING LOTS.

8. ALL ITEMS SELL "AS IS" ON LOCATION. TITLE TO PURCHASED ITEMS SHALL PASS TO THE PURCHASER UPON PAYMENT IN ACCORDANCE HEREWITH AND RISK OF LOSS WILL BE UPON PURCHASER AFTER TITLE PASSES. NEITHER THE AUCTIONEER OR THE SELLER ASSUME RESPONSIBILITY FOR LOSS, DAMAGE, OR DISAPPEARANCE OF PROPERTY PURCHASED. PROPERTY ALLOWED TO REMAIN ON THE PREMISES AFTER THE AUCTION IS LEFT THERE AT THE PURCHASERS’ RISK. PURCHASERS HAVE THE OPTION TO PROVIDE SECURITY PERSONNEL AND/OR INSURANCE.

9. SHOULD ANY DISPUTE ARISE REGARDING THE SELLING OF AN ITEM, THE AUCTIONEER MAY, AT HIS DISCRETION, RE-SELL THE ITEM. THE AUCTIONEER’S DECISION SHALL BE FINAL AND ABSOLUTE.

10. ALTHOUGH ALL AND EVERY EFFORT HAS BEEN MADE TO PUBLISH CORRECT AND RELIABLE INFORMATION CONCERNING THE PROPERTY BEING OFFERED, THE SELLER AND AUCTIONEERS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED AS ALL PROPERTY IS OFFERED "WHERE IS AND AS IS". ITEMS ARE NOT WARRANTED AS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE AND NO CLAIM MAY BE MADE BY PURCHASER RELATING TO THE CONDITION OR USE OF ITEMS PURCHASED, OR FOR PROXIMATE OR CONSEQUENTIAL DAMAGES ARISING THEREFROM. BUYERS ARE ENCOURAGED TO MAKE PERSONAL VISIBLE INSPECTION OF THE PROPERTY TO DETERMINE THEIR OWN VALUE AND STATE OF CONDITION OF MERCHANDISE.