THIS IS A COMPLETED SALE
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Stanley Ricottilli Rustic Fence
Listing ID#: 1350938

Auction Location
Millcreek, WV 26280

Auction Dates and TimesSALE IS COMPLETED
Thursday Dec 2, 2021 Completed

Auction Type
Live Auction

Company Information
Bright Star Realty and Auctions, INC Contact: Loren Beachy Phone: 574-825-0704 Email: beachyauctions@gmail.com Website: brightstarauctions.com GoToAuction.com ID#: 5286 View company information and listings

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Listing Terms and Conditions
There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items. Bidder Terms and Conditions These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer. Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms. Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows: IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO . Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid. “Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION. “Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids. “Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property. “Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder. “Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms. “Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer. "Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property. "Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation. “Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation. “Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer. “High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot or on a parcel of Real Property. “High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price. “High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property. "Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event. “Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer. “No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale. “Online Auction Platform” means the hardware and software utilized to conduct the Auction 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 to conduct Auction online. "Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered. “Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers. “Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer). “Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms- length transaction between Seller and the purchaser of the Property. 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 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 Real Property and the Personal Property. “Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction. “Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction. “Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE. “Reserve Price” means the minimum price that Seller is willing to accept for specific Property. “Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer. “Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, 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 or (ii) reject such bid. “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. “Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction. “Without Reserve” means Absolute. Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration. Auction Conducted in the State of Indiana. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site. Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium. The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction. The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction. Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion. Nature of the Auction. X The Auction for the Personal Property is an Absolute Auction. The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer. Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms. No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer. Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online: Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive. Technology Disruptions. Auctioneer will not be responsible 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, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) 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. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties, (i) that the Online Auction Platform 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. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification. Online Bids. Online bids may not be reduced or retracted. 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 advances 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 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the 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 only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder. Bid Increments. Bid increments are established and controlled by Auctioneer, and may be adjusted or modified in Auctioneer’s sole and absolute discretion. Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder. Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction. Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property. All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL 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. 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 PROPERTY. 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING. Announcements. Subject to the limitation set forth in these Bidder Terms, 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. Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property. Description of Property. Unless otherwise expressly stated otherwise in writing, any description of Property 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 Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller. Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction. 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 (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) promptly 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, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) 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. Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer. All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS. Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made. Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion. Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller. Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them. Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). 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. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, 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. Each Bidder acknowledges and agrees 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 to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number. Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer. Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession. Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase 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. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled to specific performance or other equitable relief. Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages. Indemnification. Each Bidder agrees to indemnify, defend, 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. Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium. Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller. Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site. Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial. Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Listing Terms and Conditions

There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.

Bidder Terms and Conditions

These Bidder Terms and Conditions (“Terms”) apply to auctions conducted by BRIGHT STAR REALTY AND AUCTIONS, LLC and constitute a legal, valid, binding, and enforceable contract between Auctioneer and the Bidder. These Terms also form the basis for the final contract of sale between the Seller and the Buyer.

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.

Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:

IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .

Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.

“Absolute Auction” or “Absolute” applies only if and when expressly indicated and means that property is to be sold to the highest bidder regardless of the amount of the final bid, with no limiting conditions, restrictions, or reservations. UNLESS SPECIFICALLY AND EXPRESSLY STATED BY AUCTIONEER IN WRITING, NO PROPERTY IS BEING SOLD ABSOLUTE OR AT AN ABSOLUTE AUCTION.
“Auction” means the auction sale at which Auctioneer solicits bids, or is scheduled to solicit bids.
“Auction Site” means the physical location of the Auction, or, for an Auction conducted entirely online, the location at which Property may be inspected and where a Buyer may pick up Personal Property.

“Bidder Number” means the number or other identifier issued by Auctioneer to a Registered Bidder for the purposes of identifying bids to such Registered Bidder.

“Bidder Registration” means the information provided by a prospective Bidder, and the process of registering such prospective Bidder, to bid at the Auction, including the prospective Bidder’s agreement to be bound by these Bidder Terms.

“Broker Participation Fee” means an amount that is paid to a broker who has participated in procuring a Buyer, or has otherwise assisted in facilitating the sale of Property at the Auction, under the Terms and in the amount established by Auctioneer.
"Buyer" means the Winning Bidder with respect to each Lot of Personal Property or of each parcel of Real Property.
"Buyer's Premium" is an amount with respect to each Lot of Personal Property or with respect to each parcel of Real Property sold at the Auction, calculated as a percentage of the Hammer Price, that is payable by the Buyer to Auctioneer for Auctioneer's own account. For Real Property offered Subject to Seller’s Confirmation, the Buyer’s Premium will be calculated on the amount of the High Bid Subject to Confirmation.

“Fall of the Hammer” means the point, after bids have been received, at which Auctioneer declares a Lot of Personal Property or Real Property “sold” to Bidder acknowledged by Auctioneer as having made the Winning Bid. During an auction that is exclusively online, the Fall of the Hammer will occur electronically at the end of timed (or extended) bidding. In an auction that is Subject to Seller’s Confirmation, the Fall of the Hammer will occur on Seller’s Confirmation of the High Bid Subject to Confirmation.

“Hammer Price” means the high bid amount recognized by Auctioneer with the Fall of the Hammer.

“High Bid” means the high bid amount recognized by Auctioneer at the conclusion of bidding on a Lot or on a parcel of Real Property.

“High Bid Subject to Confirmation” means the High Bid amount recognized by Auctioneer at the conclusion of bidding on Real Property put up at Auction Subject to Seller’s Conformation. If the High Bid Subject to Conformation is confirmed by Seller, it will be the Hammer Price.

“High Bidder” means the Bidder recognized by Auctioneer as having made the High Bid with respect to a Lot or a parcel of Real Property.

"Knocked Down" or "Knock Down" means, with respect to any Property put up at the Auction, that Auctioneer has acknowledged the Winning Bid with the Fall of the Hammer, or by announcing "sold", or by giving a similar such indication. Property may be Knocked Down electronically at the conclusion of a timed online auction event.

“Lot” means each individual item or grouping of Personal Property offered at one time by Auctioneer.

“No Sale” occurs if Property is put up at the Auction but is not Knocked Down or sold, and Auctioneer passes on such Property or declares a No Sale.

“Online Auction Platform” means the hardware and software utilized to conduct the Auction 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 to conduct Auction online.

"Online Bidding Period" means, with respect to an Auction conducted in whole or in part online, any established period during which bids may be tendered.

“Participant” means any person who attends, or otherwise participates in, the Auction (in person or remotely). The term Participant includes, but is not limited to, Registered Bidders, Bidder, and Buyers.

“Private Sale” means an event in which Property is sold by Seller, or on Seller’s behalf, other than at the Auction (including a sale at an auction conducted by a person or entity other than Auctioneer).

“Private Sale Price” means the fair market purchase price of the Property paid, or agreed to, at a Private Sale in an arms- length transaction between Seller and the purchaser of the Property. 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 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 Real Property and the Personal Property.

“Purchase Price” means an amount equal to the Hammer Price or High Bid Subject to Confirmation, as the case may be, plus the Buyer’s Premium. "Registered Bidder" means a person or entity that has registered to bid at the Auction.

“Registration Deposit” means, if required by Auctioneer, the deposit, in certified funds, made by a Registered Bidder in order to register for the Auction.
“Reserve” or “With Reserve” means that the Auctioneer may Withdraw Property put up at Auction and/or bids may be rejected prior to the Fall of the Hammer. UNLESS SPECIFICALLY AND EXPRESSLY STATED OTHERWISE BY AUCTIONEER IN WRITING, ALL PROPERTY IS BEING WITH RESERVE.

“Reserve Price” means the minimum price that Seller is willing to accept for specific Property.

“Seller’s Confirmation” means Seller’s confirmation, approval, and acceptance of the High Bid Subject to Confirmation acknowledged and recorded by Auctioneer.

“Subject to Seller's Confirmation” means, with respect to any Property expressly identified in this Agreement as being sold Subject to Seller’s Confirmation, 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 or (ii) reject such bid.

“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.

“Withdraw” refers to the circumstance in which the Property is removed from the Auction, or in which it is determined that such Property will not be offered or sold at the Auction.

“Without Reserve” means Absolute.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

Auction Conducted in the State of Indiana.

1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.

Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

The Buyer’s Premium for Personal Property will be amount equal to thirteen percent ( 13%) of the Hammer Price for each Lot Knocked Down at the Auction.

The Buyer’s Premium for Real Property will be amount equal to percent ( %) of the Hammer Price for each parcel of Real Property Knocked Down at the Auction.

Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction.

X The Auction for the Personal Property is an Absolute Auction.

The Auction for the Personal Property is With Reserve. Auctioneer may Withdraw any Lot offered With Reserve prior to the Fall of the Hammer.

Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.

No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.

Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:

1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.

1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.

1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.

1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.

1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.

1. Technology Disruptions. Auctioneer will not be responsible 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, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) 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.

1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.

1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,

(i) that the Online Auction Platform 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.

1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.

1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.

1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

1. Online Bids. Online bids may not be reduced or retracted.

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 advances 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 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the 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 only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.

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

Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.

Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.

Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.

All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL 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. 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 PROPERTY. 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.

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

Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

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

Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller.

Bidding by or on Behalf of Seller. At an Absolute Auction there is no Seller bidding. The Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Absolute Auction. At a Reserve Auction, the Seller or anyone acting on the Seller’s behalf will not bid (directly or indirectly) on any Property put up at Reserve Auction, unless the Auctioneer announces and discloses that the Seller (or someone on behalf of the Seller) will be bidding at the Auction.

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 (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) promptly 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, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) 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.

Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.

All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.

Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.

Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.

Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). 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. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, 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. Each Bidder acknowledges and agrees 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 to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.

Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.

Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase 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. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled

to specific performance or other equitable relief.

Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

Indemnification. Each Bidder agrees to indemnify, defend, 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.

Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.

Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller.

Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.

Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Listing Information
Complete liquidation of Stanley Ricottilli Rustic fence including, HMC carriage, John Deere 444J wheel loader and much more. 00 Information Lot Starting the auction at 10AM, everything sells in catalog order. Buyers have 45 days to remove installed equipment. Must have paid invoice to remove your items. Contact person for payment and loading will be on your invoice. 2 Manual Sealless Steel Strapping Tool Model A333, works for 1/2", 5/8" or 3/4" banding, new in box 2A Heavy Equipment Key Set 24 Keys Heavy Equipment Key Set 24 Keys. Kit includes keys for John Deere, Toyota, Yanmar, Hyster, CAT, Lull, Volvo, Case, Skytrack, Bobcat, Hybrid, Massey Ferguson, Snorkel, JLG, Upright, New Holland, Skyjack, Genie, Snorkel and many more. 3 Jockey Grinder on Milwaukee Drill Model 06H, includes extra Jockey parts, in good condition 4 Jockey Grinder on Milwaukee Drill Model 06H, in good condition 5 Jockey Grinder on Milwaukee Drill In good condition 6 Brand New Steel Strapping Tool Model EP-1425 7 Fromm Banding Tool 8 Fromm Banding Tool 9 Craftsman Tool Chest Loaded with Tools Wrenches, sockets, fittings, fasteners, etc. 10 2 Head Frick Carriage 16' x 4' x 6' tall, 36" max log size, electric over air, electric motor for setworks, includes controls, first lot of an entirety 11 Carriage Track 39" center to center, 42" x 48' x 6' tall, includes structural steel to ground 12 Hydraulic Tank 7' x 48" x 38' tall, located under catwalk around husk, used for lot 10 13 56" Frick Husk Serial # 25790, size 01, electric drive not included, 6' x 9' overall, 56" F8 style saw included, carriage drive hydraulic pump 14 Lincoln Electric Motor 100 HP, 1770 RPM, 404T frame, 3 PH, used for Lot 13 15 Entirety Lot 10-14 With 10% raise 16 3 Strand Log Deck with Stop 'N Load Tulsa Gearbox Hydraulic drive, includes structural steel to ground, 9' x 18' deck, 13' x 22' x 7' 6" overall, includes catwalk on side of deck 17 48" Chain Type Log Turner 36" x 60" overall, hydraulic drive 18 Lasalign Light 110 plug in, located above carriage 19 Frontline Equipment Sawdust Blower Model F26MR, serial # 500816, 26", 15 HP 3 PH electric motor 20 Hydraulic Pack 24" x 28" x 32" overall, 10 HP 3 PH electric motor, located behind carriage, used for lots 16 and 17 21 Roll Case 32" x 24' x 32" tall, 6 1/2" x 24" rolls, 2' on center, 1 1/2" shafts, includes 2 sets of kickers and steel legs to first crossbeam, electric drive 22 2 Strand Transfer Deck 5' x 16', electric gearbox drive 23 3 Strand Transfer Deck 7' x 12', electric gearbox drive 24 27" Husk 5' x 8' x 5' tall, electric drive 25 4 Head Boring Machine 5' x 8' x 7', hydraulic drive, includes 1' x 3' x 1' hydraulic pack with 7.5 HP electric motor, includes controls, 7 1/2 HP motor on each head, 1 1/2" arbor for drill bits 26 Reckart Waste Conveyor Make 02, size 18BC, serial # 1048, 2' x 38', located under catwalk by lot 24, 17" belt, electric drive 27 Waste Conveyor 28" x 80', 18" belt, 11" sides, electric drive 28 Reckart Incline Waste Conveyor 28" x 28', 22" belt, electric drive, includes structural steel to ground 29 Electrical Panel Has 5 Cutler Hammer Relay Switches 30 480V Allen-Bradley Control Station Serial # SN-H-YBH846/1, 20" x 92" x 90" tall, 3 columns for 16" panels, 1 column for 24" panel, has 1 soft start for sawmill, 13 disconnects, 480V going in and out 30A Transformer 480V going in, 110V going out 31 42" Fan 110 plug in, hung from rafters, but has wheels 32 Lumber Racks 43" x 17' 6" x 7' tall, 33 Workbench with Tools 6" vise, wrenches, Polybanding tightener and crimper, air staple gun, box of 2" staples 34 3 Strand Log Deck with Stop 'N Load 7' x 22', hydraulic drive 35 Morbark Debarker 7' x 37' x 80" tall, controls included, electric drive not included, hydraulic powered rolls, includes on board log turner 36 Lincoln Electric Motor Serial # 382073, 75 HP, 3 PH, 405-U frame 37 4 Strand Log Deck with Stop 'N Load 12' x 20' x 90" tall, includes steel structure to ground, Tulsa gearbox hydraulic drive 38 Mellott Belt Conveyor 28" x 28', electric drive, 16" belt 40 4 Head HMC Carriage Model AC44, serial # 43988, 110 over air powered, 6' 6" x 18' x 62" tall, hydraulic tapers, air dogs, electric setworks, includes controls, first lot of an entirety 41 Carriage Track 45" center to center, 51" x 62", 55' track, 1/2" cable, 7' tall, includes structural steel to ground 42 HMC Carriage Feed and Drive Model HD35, serial # 39988, does not include any structural steel, 5' x 6' x 32" tall 43 56" HMC Husk Model MM-10, serial # 320-88, 6' x 8', does not include electric drive 44 Lincoln Electric Motor Serial # 027503, 100 HP, 3 PH, 404T frame, includes electrical disconnect 45 Slab Dump 48" x 13' overall, 24" belt, electric drive, includes structural steel to first cross beam 46 Entirety Lot 40-45 With 10% raise 47 4 Strand Log Deck with Stop 'N Load 14' x 35' x 8' tall, includes structural steel to ground, Tulsa gearbox drive 48 Reckart 46" Chain Type Log Turner Serial # RCT1196775, 30" x 50", hydraulic drive 48A 24" Blower Electric drive, included galvanized pipe, no PVC 48B All PVC in Sawmill Approximately 196' of 9" PVC pipe, includes sections laying loose on ground 49 Reckart Roll Case Serial # 198, 6 1/2" x 24” rolls, 24" on center, 1 1/2" shaft, has 4 sets of stops and kickers, electric drive, includes structural steel to ground 50 4 Strand Transfer Deck 12' x 21' x 55" tall, Tulsa gearbox electric drive, includes steel to ground 51 Reckart 2 Strand Transfer Deck Serial # 201, 6' x 14' x 56" tall, Tulsa gearbox electric drive, includes steel structure to ground, has air powered pop-up stops 52 Reckart 2 Strand Transfer Deck Serial # 202, 6' x 14' x 56" tall, Tulsa gearbox electric drive, includes steel structure to ground, has air powered pop-up stops 53 Reckart 3 Strand Transfer Deck Serial # 200, 10' x 14' x 87" tall, includes structural steel to ground, Tulsa gearbox electric drive 54 28" Husk 4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence 55 28" Husk 4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence 56 28" Husk 4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence 57 Belt Conveyor 22" belt, 12" sides, 28" x approx. 160' long, includes all steel legs from conveyor to ground, electric drive 58 Belt Conveyor 23" belt, 12" sides, 34" x 58' long, includes all steel legs from conveyor to ground, electric drive 59 Reckart Incline Belt Conveyor 23" belt, 30" x 30', includes steel legs to ground, electric drive, 6" sides 60 Belt Conveyor 28" x 50', no belt or drive, 12" sides, no structural steel included 61 Incline Concave Belt Conveyor 56" x 45', 34" belt, electric drive, includes all steel legs to ground 62 Fulghum 6 Knife Chipper Model 60-6K, serial # F1-F1L-1252, 6' x 12' x 7' tall, no drive, condition unknown 63 Champion Air Compressor 150 gallon horizontal tank, 25 HP electric motor, includes electrical switch 64 Champion Air Compressor 150 gallon horizontal tank, 25 HP electric motor, includes electrical switch 65 Reckart Barn Sweep 46" x 32', 16" paddles, electric drive, very little use 65A Michigan Knife Grinder Electric drive, condition unknown 66 Mellott Vibrating Conveyor 8" sides, 24" pan, 20' total, no drive, includes chipper infeed and sawdust screen, never installed 67 Headache Rack for Semi Tractor 80" x 96" x 28" 68 Assorted Tires and Rims 1 tire/rim for skidder, 4 tires and rims for semi 69 American Woodworking Planer with Side Cutters Condition unknown, run by Detroit diesel engine not included 70 Electric Motor Serial # XK310566A2-HP, 50 HP, 365US frame, 1765 RPM 71 26" Blower No drive, includes pipe connected to blower 72 26" Blower No drive, includes pipe connected to blower 73 Detroit Diesel Engine Hours and condition unknown 74 All Steel Structure in Mill Includes all structural steel, catwalk, slide pans, etc. not included or specifically marked for another lot 90 John Deere 444J Wheel Loader PIN DW444JZ616522, has 3rd valve, does not include grapple/fork attachment, meter reads 11,510 hours, has heat and A/C, brakes need work, runs a bit rough, smokes till it warms up 91 JRB Fork Grapple Attachment Model 544J, serial # 1004-138781-1.6, fits John Deere 444J, forks are 54" long, overall attachment 78" wide 92 Wheel Loader Bucket 8' wide, good condition 93 Trash Hopper for Wheel Loader 4' x 8' x 4' deep, fits on wheel loader forks 94 Trash Hopper for Wheel Loader 4' x 6' x 4' deep 95 International Harvester Dump Truck VIN AA182KHA20242, made in 1980, meter reads 61,720 miles, will run on day of auction, needs brake work, windshield is cracked, dump bed is 7' x 10' x 3' high on inside 96 International Harvester Dump Truck VIN CG260HHA24111, WB 238", made in 1978, meter reads 81 miles, will run on day of auction, dump bed is 7' x 18' x 6' high on inside 97 Semi Trailer Dolly Overall length 150", overall height 57", overall width 115", heavy duty tandem axles, comes with air tank to release brakes 98 Semi Trailer Dolly 8' x 13' x 56" tall overall, single axle dual tires, includes air tank to release brakes 99 Horse Drawn Open Carriage 6' x 9', 32" seat, 40" wooden wheels with steel strap wrapped around 100 Horse Drawn Sickle Bar Mower 66" sickle bar, 32" steel wheels, W/ extra sickle bar 101 Sears and Roebuck Horse Drawn Carriage Wagon box is 45" x 112" with 9" sides, 44" seat, 28" steel wheels 102 Horse Drawn Cart Comes with extra yoke and tongue parts 103 Horse Drawn Wagon 40" wooden wheels wrapped in steel, wagon box is 44" x 126" with 27" sides, 40" seat 104 Horse Drawn Sled Box is 40" x 115" with 12" sides, also includes tires set up for tubes and an extra box- 37" x 11' 6" with 12" sides 105 Pallet of Yokes Different sizes and styles of yokes, 110 Pallet of Chains and Binders Different sizes and styles 111 Pallet of Chains and Binders Different sizes and styles 112 Pallet of Assorted Bolts, Bearings, Chain Parts, Etc. 113 Pallet of Welding Materials Welding helmet, leads, torch, jumper cables, handsaw 114 Pallet of Assorted Sprockets and Pulleys 115 Oil Barrels and Pumps, Grease Guns, 2 x 6 Sill Sealer Foam 116 Pallet of Assorted Belts and Hand Tools Lots of brand new belts, 4 shovels, 2 axes 117 Electric Motor, Extension Cords, Wrenches, Nails, Space Heater 118 36" Floor Fan 110 plug in 119 2 Steel Banding Carts Both have 3/4" steel banding, 1 cart has wheels 120 Banding Cart 1/2" plastic banding 121 4 Shovels and 2 Push Brooms 122 Lincoln Arc Welder Model AC-225/DC-210/6, serial # A1122412, 16 HP gasoline engine 123 Lincoln Arc Welder Model SA-200-F-163, 200 amp, 40 volt, does not run 124 3 Sets of Lumber Racks 43" x 38" stacking capacity 125 Banding Cart 1/2" plastic banding, has banding clips included 126 Loaded Tool bench 12" x 70" x 12" tall, includes large wrenches, assorted nuts, bolts, fittings, chain parts 127 Loaded Tool bench 12" x 70" x 12" tall, includes fittings, assorted fasteners, grease gun 128 Flexco Alligator Belt Lacing Also assorted conveyor accessories 129 3/4" Steel Banding 16 full rolls of banding 130 Pallet of Miscellaneous Fittings, Fasteners, Valves, Etc. 1 air impact, 1 electric impact, fuses, switches, hydraulic valves 131 1-16" Conveyor Belt, 1- 18" Conveyor Belt and Gearbox with Electric Motor for HMC Setworks 132 Box Full of Sawbits 133 New Chains 10' of 80 HR, 60' of 60H, box full of chain fittings and parts 134 Pallet of Sprockets, Pulleys, Etc. 3 electrical boxes, 2 air cylinders, 2 valve boxes 135 Debarker Head, Edger Head, Chipper Knives, Etc. 2- 18" conveyor belts, clamps, assorted fasteners and bolts 136 Hydraulic Oil and Gas Jugs 7- 5 gallon buckets of hydraulic oil, some full, some partial, 2- 5 gallon gas jugs, 1- 2 gallon gas jug, 2 gallons of air brake fluid 137 Pallet of Chains and Hand Tools Chains, 2 binders, 1 double edged axe, 1 pickaxe 138 55 Gallon Barrel Full of Tannergas with pump 141 Lincoln Electric Motor Serial # 827197, frame is 26" x 44 1/4", 75 HP, 3 phase, 6 belt pulley 142 440 Skidder Winch with Cable 20" x 26" 143 Reckart Log Turner Serial # RCT-05-1033, 27" high x 59" long with 42" arm 144 Headblock for Carriage 50" long x 24" high x 13 3/4" wide 145 Carriage Log Holder with 3 Arms 1- 41" long x 19" wide, 1- 24" long x 15" wide 146 Blower Parts 150 Steel Lacing Machine, Banding Crimpers 151 2 Boxes of Debarker Teeth, Bucket of Miscellaneous 152 6 Hydraulic Pumps 153 Large Assortment of Chains, Binders, Ratchet Straps 154 3 Shelves Loaded with Assorted filters, parts, fittings, tools 155 Shelf Loaded with Parts Lots of brand new bearings, electric saw, sprockets, blower spout, shafts, etc. 156 Air and Hydraulic Cylinders 9 total, assorted sizes 157 3 Large Outdoor Lights 158 Large Assortment of Hydraulic Hoses Includes all hoses and fittings on wall and hanging from ceiling of hoop building 159 Sprockets, Pulleys and 2 Buckets of Gear Oil 160 Shop-Vac and Hand Tools 1 axe, 3 pickaxes, 1 posthole digger, 1 handyman jack 161 3 New Electric Motors, 2 Used Motors, 18" Conveyor Belt 162 2 New Electric Motors 163 Window and Window A/C Unit Window is 4' x 4' 164 7 Hardhats, Chainsaw, and Chainsaw without Bar Complete chainsaw needs work 165 Assortment of Nails, Staples, Clips, Etc. 166 Pallet of Extension Cords 167 Pallet of Hydraulic Hoses, Bungee Cords, Ratchet Straps 168 Metal Cutting Bandsaw Model 610-D, Serial # P15U276 169 Assortment of Chains 170 Assortment of Wire, Bearings, Wrenches, Etc. 171 2 Totes Loaded with Bearings and Assorted Parts 172 Reflectors, Mirror, Filters, Toolbox Loaded with Parts and Fittings 173 Wheel Loader Parts, Zip ties, 29 LTD Classic Trucker Radio 174 Hydraulic Cylinders 175 Carriage Parts and Hydraulic Pump 176 Lots of Bearings Mostly new, some used 177 Shelf Loaded with Bolts Shelf is 1' x 3' x 5' 6", also includes sprockets and frames on wall above shelf, 2- 55 gallon barrels, everything on top of shelf, tools in front of shelf 178 Electric Motor Serial # 2603874, 150 HP, 3 PH, 1780 RPM, 444T frame, condition unknown 179 Saw-Bucks and Car Ramps Sawhorses are 30" tall, 12" wide at top, 3' long, ramps are 3' long, 1' tall, 1' wide 180 55 Gallon Barrel Half Full of 15W-40 Oil with Pump Also includes 2 buckets of assorted parts, fittings, drill bits 181 41" Floor Fan 110 plug in 182 Belt Lathe 28" x 18" x 30" tall 183 Vise Grip mounted on Bench 42" x 14" x 38" tall 184 Coleman Air Compressor 60 gallon vertical tank, 7 HP, 230 V, 100-130 PSI, electric powered, includes hose reel mounted on wall 185 Pallet of Tools and Parts Clevises, wrenches, chains, chain parts, pickaxe, electrical parts 186 Shelf Loaded with Bolts, Parts, Etc. Includes everything on shelf, on wall above shelf, all scrap on the floor, below the shelf, steel strapping chains, carriage bolts, clamps 187 Bench Mount Vise Grip 8" anvil 187A Electric Makita Grinder 9" grinding wheel, working condition 187B Chainsaw Grinder Comes with 2 extra grinding wheels, 110 plug in 188 Pallet of Hand Tools Wrenches, hammers, bolt cutters, pliers 189 Pallet of Chainsaw Parts Chains, bars, chainsaw tools, several chainsaws- none in working condition 190 Milwaukee Bench Grinder 110 plug in, 2- 8" grinding wheels 191 3 Brand New Forestry Helmet Systems 192 Drill Press 12" x 24" x 64" tall, 110 plug in 193 DeWalt 12 V Battery Drill Comes with case, charger, and 1 battery 194 Milwaukee 18 V Battery Drill Comes with case, charger, and 1 battery 195 Banding Tools Lots of tensioners, 2 like-new crimpers, box of 3/4" banding clips 196 2 Shelves Loaded with Bolts, Parts, Tools 197 Used Saws 9- 56" saws, mostly F8 style and in need of repair, 2- 42" saws, 5- 30" saws, 2-54" saws painted as signs 198 Desk, Shelf, and Chair 10 drawer desk in good condition, 30" x 72" x 30" tall, shelf is 12" x 78" x 48" tall, includes 1 patio chair, coffee maker, and first aid kits on shelf included 199 File Cabinet 15" x 27" x 52" tall, 4 drawers 200 Shelf Loaded with Fittings, Spark Plugs, Springs, Hinges, Flex Seal, Flashlight, Scales, Light Bulbs, Etc. Lots of miscellaneous for office and shop 201 West Bend Scissor Lift Table* 4000 lbs, 9'6" long, Self Contained Hyd Pack, Works 202 Mellot Log Turner* # 4, No Drive 203 32" Tower Edger* Includes Infeed, Missing Shaft 204 32" Frick Edger* 1 movable Blade W/ infeed table 205 2 Strand Heavy Duty Log Deck* 20' long, 6' tall, 22' X 44" side platform and railing, includes motor gear reducer. will be sold off site at 4291 Kingsville Rd Coalton, WV 26257 206 Portable Traction Conveyor* 7' long, 110 volt electric drive 207 Pedestal Crane* 12 volt, extendable with remote. 208 6" Blower* Dual Intake, 7.5 electric drive 209 2 Strand Skid Chain* 9' long 210 Portable Belt Conveyor* 11 ' long, 120 volt electric drive, W/ forward and reverse 211 Gardner Denver Screw Compressor* 30 hp 212 Saw Blades* 1-56" blade , 3-54" blades, F-style 213 16' Hay Wagon* Air Tires, Rear Upright, Good Condition 214 14' Hay Wagon* Air Tires, Rear Upright, Good Condition 215 Fuel Tank* 250 gal, W/ hand pump, No stand 216 Stationary Steel Frame for Hoist* No Hoist 217 JCB Loader Rims* Like New Condition, plus contents 218 Two Pallet Jacks* lift rite one works 219 Tires* 1- New Loader tire, 15 X 19.5 4- four wheeler tires, 4- trailer tires 220 Electrical Boxes* New power boxes, Like New Condition 221 Airco Heliwelder* Portable, No Tanks 222 Mig Welder Wire* Lincoln electric, 1- box 223 Two Jockey Grinder* and saw parts 224 Hyd Fittings* Various Sizes, New and Used 224A Hyd Hoses* Various Sizes, New and Used 225 Ready Heater & Fire Extinguisher* Antique Fire Extinguisher Loaded with water 226 Whitco High Pressure Washer* Diesel powered 227 Cable* W/Chickens 228 Morbark Grinder Knives And Parts* . 229 Hyd Hose Cutter* Electric drive 230 Truck Fuel Tank* . 231 Wooden Barrels & Antique Wheat Harvester* Wheat Harvester is hand crank 232 13 Chain Binders* Good Condition 233 Racine Metal Hack Saw* Electric drive 234 Misc Lot* Lights, Feeder, Sickle bar ends, Def Pump, etc 235 Grease Guns & Shovels* . 236 10 Speed Transmission & Truck Deer Guard* Transmission condition unknown, Deere Guard is excellent condition 237 Misc Lot* Crane Lift for small truck, Spings for trailer, Hyd Cylinders for 200 Serco loader 238 Hyd Cylinders*

Listing Information

Complete liquidation of Stanley Ricottilli Rustic fence including, HMC carriage, John Deere 444J wheel loader and much more.

Information Lot
Starting the auction at 10AM, everything sells in catalog order. Buyers have 45 days to remove installed equipment. Must have paid invoice to remove your items. Contact person for payment and loading will be on your invoice.

Manual Sealless Steel Strapping Tool
Model A333, works for 1/2", 5/8" or 3/4" banding, new in box

Heavy Equipment Key Set 24 Keys
Heavy Equipment Key Set 24 Keys. Kit includes keys for John Deere, Toyota, Yanmar, Hyster, CAT, Lull, Volvo, Case, Skytrack, Bobcat, Hybrid, Massey Ferguson, Snorkel, JLG, Upright, New Holland, Skyjack, Genie, Snorkel and many more.

Jockey Grinder on Milwaukee Drill
Model 06H, includes extra Jockey parts, in good condition

Jockey Grinder on Milwaukee Drill
Model 06H, in good condition

Jockey Grinder on Milwaukee Drill
In good condition

Brand New Steel Strapping Tool
Model EP-1425

Fromm Banding Tool

Craftsman Tool Chest Loaded with Tools
Wrenches, sockets, fittings, fasteners, etc.

2 Head Frick Carriage
16' x 4' x 6' tall, 36" max log size, electric over air, electric motor for setworks, includes controls, first lot of an entirety

Carriage Track
39" center to center, 42" x 48' x 6' tall, includes structural steel to ground

Hydraulic Tank
7' x 48" x 38' tall, located under catwalk around husk, used for lot 10

56" Frick Husk
Serial # 25790, size 01, electric drive not included, 6' x 9' overall, 56" F8 style saw included, carriage drive hydraulic pump

Lincoln Electric Motor
100 HP, 1770 RPM, 404T frame, 3 PH, used for Lot 13

Entirety Lot 10-14
With 10% raise

3 Strand Log Deck with Stop 'N Load
Tulsa Gearbox Hydraulic drive, includes structural steel to ground, 9' x 18' deck, 13' x 22' x 7' 6" overall, includes catwalk on side of deck

48" Chain Type Log Turner
36" x 60" overall, hydraulic drive

Lasalign Light
110 plug in, located above carriage

Frontline Equipment Sawdust Blower
Model F26MR, serial # 500816, 26", 15 HP 3 PH electric motor

Hydraulic Pack
24" x 28" x 32" overall, 10 HP 3 PH electric motor, located behind carriage, used for lots 16 and 17

Roll Case
32" x 24' x 32" tall, 6 1/2" x 24" rolls, 2' on center, 1 1/2" shafts, includes 2 sets of kickers and steel legs to first crossbeam, electric drive

2 Strand Transfer Deck
5' x 16', electric gearbox drive

3 Strand Transfer Deck
7' x 12', electric gearbox drive

27" Husk
5' x 8' x 5' tall, electric drive

4 Head Boring Machine
5' x 8' x 7', hydraulic drive, includes 1' x 3' x 1' hydraulic pack with 7.5 HP electric motor, includes controls, 7 1/2 HP motor on each head, 1 1/2" arbor for drill bits

Reckart Waste Conveyor
Make 02, size 18BC, serial # 1048, 2' x 38', located under catwalk by lot 24, 17" belt, electric drive

Waste Conveyor
28" x 80', 18" belt, 11" sides, electric drive

Reckart Incline Waste Conveyor
28" x 28', 22" belt, electric drive, includes structural steel to ground

Electrical Panel
Has 5 Cutler Hammer Relay Switches

480V Allen-Bradley Control Station
Serial # SN-H-YBH846/1, 20" x 92" x 90" tall, 3 columns for 16" panels, 1 column for 24" panel, has 1 soft start for sawmill, 13 disconnects, 480V going in and out

30A

Transformer
480V going in, 110V going out

42" Fan
110 plug in, hung from rafters, but has wheels

Lumber Racks
43" x 17' 6" x 7' tall,

Workbench with Tools
6" vise, wrenches, Polybanding tightener and crimper, air staple gun, box of 2" staples

3 Strand Log Deck with Stop 'N Load
7' x 22', hydraulic drive

Morbark Debarker
7' x 37' x 80" tall, controls included, electric drive not included, hydraulic powered rolls, includes on board log turner

Lincoln Electric Motor
Serial # 382073, 75 HP, 3 PH, 405-U frame

4 Strand Log Deck with Stop 'N Load
12' x 20' x 90" tall, includes steel structure to ground, Tulsa gearbox hydraulic drive

Mellott Belt Conveyor
28" x 28', electric drive, 16" belt

4 Head HMC Carriage
Model AC44, serial # 43988, 110 over air powered, 6' 6" x 18' x 62" tall, hydraulic tapers, air dogs, electric setworks, includes controls, first lot of an entirety

Carriage Track
45" center to center, 51" x 62", 55' track, 1/2" cable, 7' tall, includes structural steel to ground

HMC Carriage Feed and Drive
Model HD35, serial # 39988, does not include any structural steel, 5' x 6' x 32" tall

56" HMC Husk
Model MM-10, serial # 320-88, 6' x 8', does not include electric drive

Lincoln Electric Motor
Serial # 027503, 100 HP, 3 PH, 404T frame, includes electrical disconnect

Slab Dump
48" x 13' overall, 24" belt, electric drive, includes structural steel to first cross beam

Entirety Lot 40-45
With 10% raise

4 Strand Log Deck with Stop 'N Load
14' x 35' x 8' tall, includes structural steel to ground, Tulsa gearbox drive

Reckart 46" Chain Type Log Turner
Serial # RCT1196775, 30" x 50", hydraulic drive

48A

24" Blower
Electric drive, included galvanized pipe, no PVC

48B

All PVC in Sawmill
Approximately 196' of 9" PVC pipe, includes sections laying loose on ground

Reckart Roll Case
Serial # 198, 6 1/2" x 24” rolls, 24" on center, 1 1/2" shaft, has 4 sets of stops and kickers, electric drive, includes structural steel to ground

4 Strand Transfer Deck
12' x 21' x 55" tall, Tulsa gearbox electric drive, includes steel to ground

Reckart 2 Strand Transfer Deck
Serial # 201, 6' x 14' x 56" tall, Tulsa gearbox electric drive, includes steel structure to ground, has air powered pop-up stops

Reckart 2 Strand Transfer Deck
Serial # 202, 6' x 14' x 56" tall, Tulsa gearbox electric drive, includes steel structure to ground, has air powered pop-up stops

Reckart 3 Strand Transfer Deck
Serial # 200, 10' x 14' x 87" tall, includes structural steel to ground, Tulsa gearbox electric drive

28" Husk
4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence

Belt Conveyor
22" belt, 12" sides, 28" x approx. 160' long, includes all steel legs from conveyor to ground, electric drive

Belt Conveyor
23" belt, 12" sides, 34" x 58' long, includes all steel legs from conveyor to ground, electric drive

Reckart Incline Belt Conveyor
23" belt, 30" x 30', includes steel legs to ground, electric drive, 6" sides

Belt Conveyor
28" x 50', no belt or drive, 12" sides, no structural steel included

Incline Concave Belt Conveyor
56" x 45', 34" belt, electric drive, includes all steel legs to ground

Fulghum 6 Knife Chipper
Model 60-6K, serial # F1-F1L-1252, 6' x 12' x 7' tall, no drive, condition unknown

Champion Air Compressor
150 gallon horizontal tank, 25 HP electric motor, includes electrical switch

Reckart Barn Sweep
46" x 32', 16" paddles, electric drive, very little use

65A

Michigan Knife Grinder
Electric drive, condition unknown

Mellott Vibrating Conveyor
8" sides, 24" pan, 20' total, no drive, includes chipper infeed and sawdust screen, never installed

Headache Rack for Semi Tractor
80" x 96" x 28"

Assorted Tires and Rims
1 tire/rim for skidder, 4 tires and rims for semi

American Woodworking Planer with Side Cutters
Condition unknown, run by Detroit diesel engine not included

Electric Motor
Serial # XK310566A2-HP, 50 HP, 365US frame, 1765 RPM

26" Blower
No drive, includes pipe connected to blower

Detroit Diesel Engine
Hours and condition unknown

All Steel Structure in Mill
Includes all structural steel, catwalk, slide pans, etc. not included or specifically marked for another lot

John Deere 444J Wheel Loader
PIN DW444JZ616522, has 3rd valve, does not include grapple/fork attachment, meter reads 11,510 hours, has heat and A/C, brakes need work, runs a bit rough, smokes till it warms up

JRB Fork Grapple Attachment
Model 544J, serial # 1004-138781-1.6, fits John Deere 444J, forks are 54" long, overall attachment 78" wide

Wheel Loader Bucket
8' wide, good condition

Trash Hopper for Wheel Loader
4' x 8' x 4' deep, fits on wheel loader forks

Trash Hopper for Wheel Loader
4' x 6' x 4' deep

International Harvester Dump Truck
VIN AA182KHA20242, made in 1980, meter reads 61,720 miles, will run on day of auction, needs brake work, windshield is cracked, dump bed is 7' x 10' x 3' high on inside

International Harvester Dump Truck
VIN CG260HHA24111, WB 238", made in 1978, meter reads 81 miles, will run on day of auction, dump bed is 7' x 18' x 6' high on inside

Semi Trailer Dolly
Overall length 150", overall height 57", overall width 115", heavy duty tandem axles, comes with air tank to release brakes

Semi Trailer Dolly
8' x 13' x 56" tall overall, single axle dual tires, includes air tank to release brakes

Horse Drawn Open Carriage
6' x 9', 32" seat, 40" wooden wheels with steel strap wrapped around

100

Horse Drawn Sickle Bar Mower
66" sickle bar, 32" steel wheels, W/ extra sickle bar

101

Sears and Roebuck Horse Drawn Carriage
Wagon box is 45" x 112" with 9" sides, 44" seat, 28" steel wheels

102

Horse Drawn Cart
Comes with extra yoke and tongue parts

103

Horse Drawn Wagon
40" wooden wheels wrapped in steel, wagon box is 44" x 126" with 27" sides, 40" seat

104

Horse Drawn Sled
Box is 40" x 115" with 12" sides, also includes tires set up for tubes and an extra box- 37" x 11' 6" with 12" sides

105

Pallet of Yokes
Different sizes and styles of yokes,

110

Pallet of Chains and Binders
Different sizes and styles

111

Pallet of Chains and Binders
Different sizes and styles

112

Pallet of Assorted Bolts, Bearings, Chain Parts, Etc.

113

Pallet of Welding Materials
Welding helmet, leads, torch, jumper cables, handsaw

114

Pallet of Assorted Sprockets and Pulleys

115

Oil Barrels and Pumps, Grease Guns, 2 x 6 Sill Sealer Foam

116

Pallet of Assorted Belts and Hand Tools
Lots of brand new belts, 4 shovels, 2 axes

117

Electric Motor, Extension Cords, Wrenches, Nails, Space Heater

118

36" Floor Fan
110 plug in

119

2 Steel Banding Carts
Both have 3/4" steel banding, 1 cart has wheels

120

Banding Cart
1/2" plastic banding

121

4 Shovels and 2 Push Brooms

122

Lincoln Arc Welder
Model AC-225/DC-210/6, serial # A1122412, 16 HP gasoline engine

123

Lincoln Arc Welder
Model SA-200-F-163, 200 amp, 40 volt, does not run

124

3 Sets of Lumber Racks
43" x 38" stacking capacity

125

Banding Cart
1/2" plastic banding, has banding clips included

126

Loaded Tool bench
12" x 70" x 12" tall, includes large wrenches, assorted nuts, bolts, fittings, chain parts

127

Loaded Tool bench
12" x 70" x 12" tall, includes fittings, assorted fasteners, grease gun

128

Flexco Alligator Belt Lacing
Also assorted conveyor accessories

129

3/4" Steel Banding
16 full rolls of banding

130

Pallet of Miscellaneous Fittings, Fasteners, Valves, Etc.
1 air impact, 1 electric impact, fuses, switches, hydraulic valves

131

1-16" Conveyor Belt, 1- 18" Conveyor Belt and Gearbox with Electric Motor for HMC Setworks

132

Box Full of Sawbits

133

New Chains
10' of 80 HR, 60' of 60H, box full of chain fittings and parts

134

Pallet of Sprockets, Pulleys, Etc.
3 electrical boxes, 2 air cylinders, 2 valve boxes

135

Debarker Head, Edger Head, Chipper Knives, Etc.
2- 18" conveyor belts, clamps, assorted fasteners and bolts

136

Hydraulic Oil and Gas Jugs
7- 5 gallon buckets of hydraulic oil, some full, some partial, 2- 5 gallon gas jugs, 1- 2 gallon gas jug, 2 gallons of air brake fluid

137

Pallet of Chains and Hand Tools
Chains, 2 binders, 1 double edged axe, 1 pickaxe

138

55 Gallon Barrel Full of Tannergas with pump

141

Lincoln Electric Motor
Serial # 827197, frame is 26" x 44 1/4", 75 HP, 3 phase, 6 belt pulley

142

440 Skidder Winch with Cable
20" x 26"

143

Reckart Log Turner
Serial # RCT-05-1033, 27" high x 59" long with 42" arm

144

Headblock for Carriage
50" long x 24" high x 13 3/4" wide

145

Carriage Log Holder with 3 Arms
1- 41" long x 19" wide, 1- 24" long x 15" wide

146

Blower Parts

150

Steel Lacing Machine, Banding Crimpers

151

2 Boxes of Debarker Teeth, Bucket of Miscellaneous

152

6 Hydraulic Pumps

153

Large Assortment of Chains, Binders, Ratchet Straps

154

3 Shelves Loaded with Assorted filters, parts, fittings, tools

155

Shelf Loaded with Parts
Lots of brand new bearings, electric saw, sprockets, blower spout, shafts, etc.

156

Air and Hydraulic Cylinders
9 total, assorted sizes

157

3 Large Outdoor Lights

158

Large Assortment of Hydraulic Hoses
Includes all hoses and fittings on wall and hanging from ceiling of hoop building

159

Sprockets, Pulleys and 2 Buckets of Gear Oil

160

Shop-Vac and Hand Tools
1 axe, 3 pickaxes, 1 posthole digger, 1 handyman jack

161

3 New Electric Motors, 2 Used Motors, 18" Conveyor Belt

162

2 New Electric Motors

163

Window and Window A/C Unit
Window is 4' x 4'

164

7 Hardhats, Chainsaw, and Chainsaw without Bar
Complete chainsaw needs work

165

Assortment of Nails, Staples, Clips, Etc.

166

Pallet of Extension Cords

167

Pallet of Hydraulic Hoses, Bungee Cords, Ratchet Straps

168

Metal Cutting Bandsaw
Model 610-D, Serial # P15U276

169

Assortment of Chains

170

Assortment of Wire, Bearings, Wrenches, Etc.

171

2 Totes Loaded with Bearings and Assorted Parts

172

Reflectors, Mirror, Filters, Toolbox Loaded with Parts and Fittings

173

Wheel Loader Parts, Zip ties, 29 LTD Classic Trucker Radio

174

Hydraulic Cylinders

175

Carriage Parts and Hydraulic Pump

176

Lots of Bearings
Mostly new, some used

177

Shelf Loaded with Bolts
Shelf is 1' x 3' x 5' 6", also includes sprockets and frames on wall above shelf, 2- 55 gallon barrels, everything on top of shelf, tools in front of shelf

178

Electric Motor
Serial # 2603874, 150 HP, 3 PH, 1780 RPM, 444T frame, condition unknown

179

Saw-Bucks and Car Ramps
Sawhorses are 30" tall, 12" wide at top, 3' long, ramps are 3' long, 1' tall, 1' wide

180

55 Gallon Barrel Half Full of 15W-40 Oil with Pump
Also includes 2 buckets of assorted parts, fittings, drill bits

181

41" Floor Fan
110 plug in

182

Belt Lathe
28" x 18" x 30" tall

183

Vise Grip mounted on Bench
42" x 14" x 38" tall

184

Coleman Air Compressor
60 gallon vertical tank, 7 HP, 230 V, 100-130 PSI, electric powered, includes hose reel mounted on wall

185

Pallet of Tools and Parts
Clevises, wrenches, chains, chain parts, pickaxe, electrical parts

186

Shelf Loaded with Bolts, Parts, Etc.
Includes everything on shelf, on wall above shelf, all scrap on the floor, below the shelf, steel strapping chains, carriage bolts, clamps

187

Bench Mount Vise Grip
8" anvil

187A

Electric Makita Grinder
9" grinding wheel, working condition

187B

Chainsaw Grinder
Comes with 2 extra grinding wheels, 110 plug in

188

Pallet of Hand Tools
Wrenches, hammers, bolt cutters, pliers

189

Pallet of Chainsaw Parts
Chains, bars, chainsaw tools, several chainsaws- none in working condition

190

Milwaukee Bench Grinder
110 plug in, 2- 8" grinding wheels

191

3 Brand New Forestry Helmet Systems

192

Drill Press
12" x 24" x 64" tall, 110 plug in

193

DeWalt 12 V Battery Drill
Comes with case, charger, and 1 battery

194

Milwaukee 18 V Battery Drill
Comes with case, charger, and 1 battery

195

Banding Tools
Lots of tensioners, 2 like-new crimpers, box of 3/4" banding clips

196

2 Shelves Loaded with Bolts, Parts, Tools

197

Used Saws
9- 56" saws, mostly F8 style and in need of repair, 2- 42" saws, 5- 30" saws, 2-54" saws painted as signs

198

Desk, Shelf, and Chair
10 drawer desk in good condition, 30" x 72" x 30" tall, shelf is 12" x 78" x 48" tall, includes 1 patio chair, coffee maker, and first aid kits on shelf included

199

File Cabinet
15" x 27" x 52" tall, 4 drawers

200

Shelf Loaded with Fittings, Spark Plugs, Springs, Hinges, Flex Seal, Flashlight, Scales, Light Bulbs, Etc.
Lots of miscellaneous for office and shop

201

West Bend Scissor Lift Table*
4000 lbs, 9'6" long, Self Contained Hyd Pack, Works

202

Mellot Log Turner*
# 4, No Drive

203

32" Tower Edger*
Includes Infeed, Missing Shaft

204

32" Frick Edger*
1 movable Blade W/ infeed table

205

2 Strand Heavy Duty Log Deck*
20' long, 6' tall, 22' X 44" side platform and railing, includes motor gear reducer. will be sold off site at 4291 Kingsville Rd Coalton, WV 26257

206

Portable Traction Conveyor*
7' long, 110 volt electric drive

207

Pedestal Crane*
12 volt, extendable with remote.

208

6" Blower*
Dual Intake, 7.5 electric drive

209

2 Strand Skid Chain*
9' long

210

Portable Belt Conveyor*
11 ' long, 120 volt electric drive, W/ forward and reverse

211

Gardner Denver Screw Compressor*
30 hp

212

Saw Blades*
1-56" blade , 3-54" blades, F-style

213

16' Hay Wagon*
Air Tires, Rear Upright, Good Condition

214

14' Hay Wagon*
Air Tires, Rear Upright, Good Condition

215

Fuel Tank*
250 gal, W/ hand pump, No stand

216

Stationary Steel Frame for Hoist*
No Hoist

217

JCB Loader Rims*
Like New Condition, plus contents

218

Two Pallet Jacks*
lift rite one works

219

Tires*
1- New Loader tire, 15 X 19.5 4- four wheeler tires, 4- trailer tires

220

Electrical Boxes*
New power boxes, Like New Condition

221

Airco Heliwelder*
Portable, No Tanks

222

Mig Welder Wire*
Lincoln electric, 1- box

223

Two Jockey Grinder*
and saw parts

224

Hyd Fittings*
Various Sizes, New and Used

224A

Hyd Hoses*
Various Sizes, New and Used

225

Ready Heater & Fire Extinguisher*
Antique Fire Extinguisher Loaded with water

226

Whitco High Pressure Washer*
Diesel powered

227

Cable*
W/Chickens

228

Morbark Grinder Knives And Parts*
.

229

Hyd Hose Cutter*
Electric drive

230

Truck Fuel Tank*
.

231

Wooden Barrels & Antique Wheat Harvester*
Wheat Harvester is hand crank

232

13 Chain Binders*
Good Condition

233

Racine Metal Hack Saw*
Electric drive

234

Misc Lot*
Lights, Feeder, Sickle bar ends, Def Pump, etc

235

Grease Guns & Shovels*
.

236

10 Speed Transmission & Truck Deer Guard*
Transmission condition unknown, Deere Guard is excellent condition

237

Misc Lot*
Crane Lift for small truck, Spings for trailer, Hyd Cylinders for 200 Serco loader

238

Hyd Cylinders*

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Stanley Ricottilli Rustic Fence

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704

85 Ricotillis Sawmill Lane
Millcreek, WV 26280

Thursday Dec 2, 2021 Completed

There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.

Bidder Terms and Conditions

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.

Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:

IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .

Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

Auction Conducted in the State of Indiana.

1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.

Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction.

Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.

No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.

Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:

1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.

1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.

1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.

1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.

1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.

1. Technology Disruptions. Auctioneer will not be responsible 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, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) 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.

1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.

1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,

1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.

1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.

1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

1. Online Bids. Online bids may not be reduced or retracted.

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 advances 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 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the 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 only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.

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

Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.

Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.

Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.

All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL 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. 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 PROPERTY. 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.

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

Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

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

Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller.

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 (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) promptly 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, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) 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.

Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.

All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.

Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.

Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.

Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). 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. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, 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. Each Bidder acknowledges and agrees 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 to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.

Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.

Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase 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. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled

to specific performance or other equitable relief.

Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

Indemnification. Each Bidder agrees to indemnify, defend, 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.

Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.

Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller.

Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.

Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.

Listing Details
Complete liquidation of Stanley Ricottilli Rustic fence including, HMC carriage, John Deere 444J wheel loader and much more. 00 Information Lot Starting the auction at 10AM, everything sells in catalog order. Buyers have 45 days to remove installed equipment. Must have paid invoice to remove your items. Contact person for payment and loading will be on your invoice. 2 Manual Sealless Steel Strapping Tool Model A333, works for 1/2", 5/8" or 3/4" banding, new in box 2A Heavy Equipment Key Set 24 Keys Heavy Equipment Key Set 24 Keys. Kit includes keys for John Deere, Toyota, Yanmar, Hyster, CAT, Lull, Volvo, Case, Skytrack, Bobcat, Hybrid, Massey Ferguson, Snorkel, JLG, Upright, New Holland, Skyjack, Genie, Snorkel and many more. 3 Jockey Grinder on Milwaukee Drill Model 06H, includes extra Jockey parts, in good condition 4 Jockey Grinder on Milwaukee Drill Model 06H, in good condition 5 Jockey Grinder on Milwaukee Drill In good condition 6 Brand New Steel Strapping Tool Model EP-1425 7 Fromm Banding Tool 8 Fromm Banding Tool 9 Craftsman Tool Chest Loaded with Tools Wrenches, sockets, fittings, fasteners, etc. 10 2 Head Frick Carriage 16' x 4' x 6' tall, 36" max log size, electric over air, electric motor for setworks, includes controls, first lot of an entirety 11 Carriage Track 39" center to center, 42" x 48' x 6' tall, includes structural steel to ground 12 Hydraulic Tank 7' x 48" x 38' tall, located under catwalk around husk, used for lot 10 13 56" Frick Husk Serial # 25790, size 01, electric drive not included, 6' x 9' overall, 56" F8 style saw included, carriage drive hydraulic pump 14 Lincoln Electric Motor 100 HP, 1770 RPM, 404T frame, 3 PH, used for Lot 13 15 Entirety Lot 10-14 With 10% raise 16 3 Strand Log Deck with Stop 'N Load Tulsa Gearbox Hydraulic drive, includes structural steel to ground, 9' x 18' deck, 13' x 22' x 7' 6" overall, includes catwalk on side of deck 17 48" Chain Type Log Turner 36" x 60" overall, hydraulic drive 18 Lasalign Light 110 plug in, located above carriage 19 Frontline Equipment Sawdust Blower Model F26MR, serial # 500816, 26", 15 HP 3 PH electric motor 20 Hydraulic Pack 24" x 28" x 32" overall, 10 HP 3 PH electric motor, located behind carriage, used for lots 16 and 17 21 Roll Case 32" x 24' x 32" tall, 6 1/2" x 24" rolls, 2' on center, 1 1/2" shafts, includes 2 sets of kickers and steel legs to first crossbeam, electric drive 22 2 Strand Transfer Deck 5' x 16', electric gearbox drive 23 3 Strand Transfer Deck 7' x 12', electric gearbox drive 24 27" Husk 5' x 8' x 5' tall, electric drive 25 4 Head Boring Machine 5' x 8' x 7', hydraulic drive, includes 1' x 3' x 1' hydraulic pack with 7.5 HP electric motor, includes controls, 7 1/2 HP motor on each head, 1 1/2" arbor for drill bits 26 Reckart Waste Conveyor Make 02, size 18BC, serial # 1048, 2' x 38', located under catwalk by lot 24, 17" belt, electric drive 27 Waste Conveyor 28" x 80', 18" belt, 11" sides, electric drive 28 Reckart Incline Waste Conveyor 28" x 28', 22" belt, electric drive, includes structural steel to ground 29 Electrical Panel Has 5 Cutler Hammer Relay Switches 30 480V Allen-Bradley Control Station Serial # SN-H-YBH846/1, 20" x 92" x 90" tall, 3 columns for 16" panels, 1 column for 24" panel, has 1 soft start for sawmill, 13 disconnects, 480V going in and out 30A Transformer 480V going in, 110V going out 31 42" Fan 110 plug in, hung from rafters, but has wheels 32 Lumber Racks 43" x 17' 6" x 7' tall, 33 Workbench with Tools 6" vise, wrenches, Polybanding tightener and crimper, air staple gun, box of 2" staples 34 3 Strand Log Deck with Stop 'N Load 7' x 22', hydraulic drive 35 Morbark Debarker 7' x 37' x 80" tall, controls included, electric drive not included, hydraulic powered rolls, includes on board log turner 36 Lincoln Electric Motor Serial # 382073, 75 HP, 3 PH, 405-U frame 37 4 Strand Log Deck with Stop 'N Load 12' x 20' x 90" tall, includes steel structure to ground, Tulsa gearbox hydraulic drive 38 Mellott Belt Conveyor 28" x 28', electric drive, 16" belt 40 4 Head HMC Carriage Model AC44, serial # 43988, 110 over air powered, 6' 6" x 18' x 62" tall, hydraulic tapers, air dogs, electric setworks, includes controls, first lot of an entirety 41 Carriage Track 45" center to center, 51" x 62", 55' track, 1/2" cable, 7' tall, includes structural steel to ground 42 HMC Carriage Feed and Drive Model HD35, serial # 39988, does not include any structural steel, 5' x 6' x 32" tall 43 56" HMC Husk Model MM-10, serial # 320-88, 6' x 8', does not include electric drive 44 Lincoln Electric Motor Serial # 027503, 100 HP, 3 PH, 404T frame, includes electrical disconnect 45 Slab Dump 48" x 13' overall, 24" belt, electric drive, includes structural steel to first cross beam 46 Entirety Lot 40-45 With 10% raise 47 4 Strand Log Deck with Stop 'N Load 14' x 35' x 8' tall, includes structural steel to ground, Tulsa gearbox drive 48 Reckart 46" Chain Type Log Turner Serial # RCT1196775, 30" x 50", hydraulic drive 48A 24" Blower Electric drive, included galvanized pipe, no PVC 48B All PVC in Sawmill Approximately 196' of 9" PVC pipe, includes sections laying loose on ground 49 Reckart Roll Case Serial # 198, 6 1/2" x 24” rolls, 24" on center, 1 1/2" shaft, has 4 sets of stops and kickers, electric drive, includes structural steel to ground 50 4 Strand Transfer Deck 12' x 21' x 55" tall, Tulsa gearbox electric drive, includes steel to ground 51 Reckart 2 Strand Transfer Deck Serial # 201, 6' x 14' x 56" tall, Tulsa gearbox electric drive, includes steel structure to ground, has air powered pop-up stops 52 Reckart 2 Strand Transfer Deck Serial # 202, 6' x 14' x 56" tall, Tulsa gearbox electric drive, includes steel structure to ground, has air powered pop-up stops 53 Reckart 3 Strand Transfer Deck Serial # 200, 10' x 14' x 87" tall, includes structural steel to ground, Tulsa gearbox electric drive 54 28" Husk 4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence 55 28" Husk 4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence 56 28" Husk 4' x 7' x 56" tall, 24" x 60" table, includes controls, electric drive, was used to point ends on split rail fence 57 Belt Conveyor 22" belt, 12" sides, 28" x approx. 160' long, includes all steel legs from conveyor to ground, electric drive 58 Belt Conveyor 23" belt, 12" sides, 34" x 58' long, includes all steel legs from conveyor to ground, electric drive 59 Reckart Incline Belt Conveyor 23" belt, 30" x 30', includes steel legs to ground, electric drive, 6" sides 60 Belt Conveyor 28" x 50', no belt or drive, 12" sides, no structural steel included 61 Incline Concave Belt Conveyor 56" x 45', 34" belt, electric drive, includes all steel legs to ground 62 Fulghum 6 Knife Chipper Model 60-6K, serial # F1-F1L-1252, 6' x 12' x 7' tall, no drive, condition unknown 63 Champion Air Compressor 150 gallon horizontal tank, 25 HP electric motor, includes electrical switch 64 Champion Air Compressor 150 gallon horizontal tank, 25 HP electric motor, includes electrical switch 65 Reckart Barn Sweep 46" x 32', 16" paddles, electric drive, very little use 65A Michigan Knife Grinder Electric drive, condition unknown 66 Mellott Vibrating Conveyor 8" sides, 24" pan, 20' total, no drive, includes chipper infeed and sawdust screen, never installed 67 Headache Rack for Semi Tractor 80" x 96" x 28" 68 Assorted Tires and Rims 1 tire/rim for skidder, 4 tires and rims for semi 69 American Woodworking Planer with Side Cutters Condition unknown, run by Detroit diesel engine not included 70 Electric Motor Serial # XK310566A2-HP, 50 HP, 365US frame, 1765 RPM 71 26" Blower No drive, includes pipe connected to blower 72 26" Blower No drive, includes pipe connected to blower 73 Detroit Diesel Engine Hours and condition unknown 74 All Steel Structure in Mill Includes all structural steel, catwalk, slide pans, etc. not included or specifically marked for another lot 90 John Deere 444J Wheel Loader PIN DW444JZ616522, has 3rd valve, does not include grapple/fork attachment, meter reads 11,510 hours, has heat and A/C, brakes need work, runs a bit rough, smokes till it warms up 91 JRB Fork Grapple Attachment Model 544J, serial # 1004-138781-1.6, fits John Deere 444J, forks are 54" long, overall attachment 78" wide 92 Wheel Loader Bucket 8' wide, good condition 93 Trash Hopper for Wheel Loader 4' x 8' x 4' deep, fits on wheel loader forks 94 Trash Hopper for Wheel Loader 4' x 6' x 4' deep 95 International Harvester Dump Truck VIN AA182KHA20242, made in 1980, meter reads 61,720 miles, will run on day of auction, needs brake work, windshield is cracked, dump bed is 7' x 10' x 3' high on inside 96 International Harvester Dump Truck VIN CG260HHA24111, WB 238", made in 1978, meter reads 81 miles, will run on day of auction, dump bed is 7' x 18' x 6' high on inside 97 Semi Trailer Dolly Overall length 150", overall height 57", overall width 115", heavy duty tandem axles, comes with air tank to release brakes 98 Semi Trailer Dolly 8' x 13' x 56" tall overall, single axle dual tires, includes air tank to release brakes 99 Horse Drawn Open Carriage 6' x 9', 32" seat, 40" wooden wheels with steel strap wrapped around 100 Horse Drawn Sickle Bar Mower 66" sickle bar, 32" steel wheels, W/ extra sickle bar 101 Sears and Roebuck Horse Drawn Carriage Wagon box is 45" x 112" with 9" sides, 44" seat, 28" steel wheels 102 Horse Drawn Cart Comes with extra yoke and tongue parts 103 Horse Drawn Wagon 40" wooden wheels wrapped in steel, wagon box is 44" x 126" with 27" sides, 40" seat 104 Horse Drawn Sled Box is 40" x 115" with 12" sides, also includes tires set up for tubes and an extra box- 37" x 11' 6" with 12" sides 105 Pallet of Yokes Different sizes and styles of yokes, 110 Pallet of Chains and Binders Different sizes and styles 111 Pallet of Chains and Binders Different sizes and styles 112 Pallet of Assorted Bolts, Bearings, Chain Parts, Etc. 113 Pallet of Welding Materials Welding helmet, leads, torch, jumper cables, handsaw 114 Pallet of Assorted Sprockets and Pulleys 115 Oil Barrels and Pumps, Grease Guns, 2 x 6 Sill Sealer Foam 116 Pallet of Assorted Belts and Hand Tools Lots of brand new belts, 4 shovels, 2 axes 117 Electric Motor, Extension Cords, Wrenches, Nails, Space Heater 118 36" Floor Fan 110 plug in 119 2 Steel Banding Carts Both have 3/4" steel banding, 1 cart has wheels 120 Banding Cart 1/2" plastic banding 121 4 Shovels and 2 Push Brooms 122 Lincoln Arc Welder Model AC-225/DC-210/6, serial # A1122412, 16 HP gasoline engine 123 Lincoln Arc Welder Model SA-200-F-163, 200 amp, 40 volt, does not run 124 3 Sets of Lumber Racks 43" x 38" stacking capacity 125 Banding Cart 1/2" plastic banding, has banding clips included 126 Loaded Tool bench 12" x 70" x 12" tall, includes large wrenches, assorted nuts, bolts, fittings, chain parts 127 Loaded Tool bench 12" x 70" x 12" tall, includes fittings, assorted fasteners, grease gun 128 Flexco Alligator Belt Lacing Also assorted conveyor accessories 129 3/4" Steel Banding 16 full rolls of banding 130 Pallet of Miscellaneous Fittings, Fasteners, Valves, Etc. 1 air impact, 1 electric impact, fuses, switches, hydraulic valves 131 1-16" Conveyor Belt, 1- 18" Conveyor Belt and Gearbox with Electric Motor for HMC Setworks 132 Box Full of Sawbits 133 New Chains 10' of 80 HR, 60' of 60H, box full of chain fittings and parts 134 Pallet of Sprockets, Pulleys, Etc. 3 electrical boxes, 2 air cylinders, 2 valve boxes 135 Debarker Head, Edger Head, Chipper Knives, Etc. 2- 18" conveyor belts, clamps, assorted fasteners and bolts 136 Hydraulic Oil and Gas Jugs 7- 5 gallon buckets of hydraulic oil, some full, some partial, 2- 5 gallon gas jugs, 1- 2 gallon gas jug, 2 gallons of air brake fluid 137 Pallet of Chains and Hand Tools Chains, 2 binders, 1 double edged axe, 1 pickaxe 138 55 Gallon Barrel Full of Tannergas with pump 141 Lincoln Electric Motor Serial # 827197, frame is 26" x 44 1/4", 75 HP, 3 phase, 6 belt pulley 142 440 Skidder Winch with Cable 20" x 26" 143 Reckart Log Turner Serial # RCT-05-1033, 27" high x 59" long with 42" arm 144 Headblock for Carriage 50" long x 24" high x 13 3/4" wide 145 Carriage Log Holder with 3 Arms 1- 41" long x 19" wide, 1- 24" long x 15" wide 146 Blower Parts 150 Steel Lacing Machine, Banding Crimpers 151 2 Boxes of Debarker Teeth, Bucket of Miscellaneous 152 6 Hydraulic Pumps 153 Large Assortment of Chains, Binders, Ratchet Straps 154 3 Shelves Loaded with Assorted filters, parts, fittings, tools 155 Shelf Loaded with Parts Lots of brand new bearings, electric saw, sprockets, blower spout, shafts, etc. 156 Air and Hydraulic Cylinders 9 total, assorted sizes 157 3 Large Outdoor Lights 158 Large Assortment of Hydraulic Hoses Includes all hoses and fittings on wall and hanging from ceiling of hoop building 159 Sprockets, Pulleys and 2 Buckets of Gear Oil 160 Shop-Vac and Hand Tools 1 axe, 3 pickaxes, 1 posthole digger, 1 handyman jack 161 3 New Electric Motors, 2 Used Motors, 18" Conveyor Belt 162 2 New Electric Motors 163 Window and Window A/C Unit Window is 4' x 4' 164 7 Hardhats, Chainsaw, and Chainsaw without Bar Complete chainsaw needs work 165 Assortment of Nails, Staples, Clips, Etc. 166 Pallet of Extension Cords 167 Pallet of Hydraulic Hoses, Bungee Cords, Ratchet Straps 168 Metal Cutting Bandsaw Model 610-D, Serial # P15U276 169 Assortment of Chains 170 Assortment of Wire, Bearings, Wrenches, Etc. 171 2 Totes Loaded with Bearings and Assorted Parts 172 Reflectors, Mirror, Filters, Toolbox Loaded with Parts and Fittings 173 Wheel Loader Parts, Zip ties, 29 LTD Classic Trucker Radio 174 Hydraulic Cylinders 175 Carriage Parts and Hydraulic Pump 176 Lots of Bearings Mostly new, some used 177 Shelf Loaded with Bolts Shelf is 1' x 3' x 5' 6", also includes sprockets and frames on wall above shelf, 2- 55 gallon barrels, everything on top of shelf, tools in front of shelf 178 Electric Motor Serial # 2603874, 150 HP, 3 PH, 1780 RPM, 444T frame, condition unknown 179 Saw-Bucks and Car Ramps Sawhorses are 30" tall, 12" wide at top, 3' long, ramps are 3' long, 1' tall, 1' wide 180 55 Gallon Barrel Half Full of 15W-40 Oil with Pump Also includes 2 buckets of assorted parts, fittings, drill bits 181 41" Floor Fan 110 plug in 182 Belt Lathe 28" x 18" x 30" tall 183 Vise Grip mounted on Bench 42" x 14" x 38" tall 184 Coleman Air Compressor 60 gallon vertical tank, 7 HP, 230 V, 100-130 PSI, electric powered, includes hose reel mounted on wall 185 Pallet of Tools and Parts Clevises, wrenches, chains, chain parts, pickaxe, electrical parts 186 Shelf Loaded with Bolts, Parts, Etc. Includes everything on shelf, on wall above shelf, all scrap on the floor, below the shelf, steel strapping chains, carriage bolts, clamps 187 Bench Mount Vise Grip 8" anvil 187A Electric Makita Grinder 9" grinding wheel, working condition 187B Chainsaw Grinder Comes with 2 extra grinding wheels, 110 plug in 188 Pallet of Hand Tools Wrenches, hammers, bolt cutters, pliers 189 Pallet of Chainsaw Parts Chains, bars, chainsaw tools, several chainsaws- none in working condition 190 Milwaukee Bench Grinder 110 plug in, 2- 8" grinding wheels 191 3 Brand New Forestry Helmet Systems 192 Drill Press 12" x 24" x 64" tall, 110 plug in 193 DeWalt 12 V Battery Drill Comes with case, charger, and 1 battery 194 Milwaukee 18 V Battery Drill Comes with case, charger, and 1 battery 195 Banding Tools Lots of tensioners, 2 like-new crimpers, box of 3/4" banding clips 196 2 Shelves Loaded with Bolts, Parts, Tools 197 Used Saws 9- 56" saws, mostly F8 style and in need of repair, 2- 42" saws, 5- 30" saws, 2-54" saws painted as signs 198 Desk, Shelf, and Chair 10 drawer desk in good condition, 30" x 72" x 30" tall, shelf is 12" x 78" x 48" tall, includes 1 patio chair, coffee maker, and first aid kits on shelf included 199 File Cabinet 15" x 27" x 52" tall, 4 drawers 200 Shelf Loaded with Fittings, Spark Plugs, Springs, Hinges, Flex Seal, Flashlight, Scales, Light Bulbs, Etc. Lots of miscellaneous for office and shop 201 West Bend Scissor Lift Table* 4000 lbs, 9'6" long, Self Contained Hyd Pack, Works 202 Mellot Log Turner* # 4, No Drive 203 32" Tower Edger* Includes Infeed, Missing Shaft 204 32" Frick Edger* 1 movable Blade W/ infeed table 205 2 Strand Heavy Duty Log Deck* 20' long, 6' tall, 22' X 44" side platform and railing, includes motor gear reducer. will be sold off site at 4291 Kingsville Rd Coalton, WV 26257 206 Portable Traction Conveyor* 7' long, 110 volt electric drive 207 Pedestal Crane* 12 volt, extendable with remote. 208 6" Blower* Dual Intake, 7.5 electric drive 209 2 Strand Skid Chain* 9' long 210 Portable Belt Conveyor* 11 ' long, 120 volt electric drive, W/ forward and reverse 211 Gardner Denver Screw Compressor* 30 hp 212 Saw Blades* 1-56" blade , 3-54" blades, F-style 213 16' Hay Wagon* Air Tires, Rear Upright, Good Condition 214 14' Hay Wagon* Air Tires, Rear Upright, Good Condition 215 Fuel Tank* 250 gal, W/ hand pump, No stand 216 Stationary Steel Frame for Hoist* No Hoist 217 JCB Loader Rims* Like New Condition, plus contents 218 Two Pallet Jacks* lift rite one works 219 Tires* 1- New Loader tire, 15 X 19.5 4- four wheeler tires, 4- trailer tires 220 Electrical Boxes* New power boxes, Like New Condition 221 Airco Heliwelder* Portable, No Tanks 222 Mig Welder Wire* Lincoln electric, 1- box 223 Two Jockey Grinder* and saw parts 224 Hyd Fittings* Various Sizes, New and Used 224A Hyd Hoses* Various Sizes, New and Used 225 Ready Heater & Fire Extinguisher* Antique Fire Extinguisher Loaded with water 226 Whitco High Pressure Washer* Diesel powered 227 Cable* W/Chickens 228 Morbark Grinder Knives And Parts* . 229 Hyd Hose Cutter* Electric drive 230 Truck Fuel Tank* . 231 Wooden Barrels & Antique Wheat Harvester* Wheat Harvester is hand crank 232 13 Chain Binders* Good Condition 233 Racine Metal Hack Saw* Electric drive 234 Misc Lot* Lights, Feeder, Sickle bar ends, Def Pump, etc 235 Grease Guns & Shovels* . 236 10 Speed Transmission & Truck Deer Guard* Transmission condition unknown, Deere Guard is excellent condition 237 Misc Lot* Crane Lift for small truck, Spings for trailer, Hyd Cylinders for 200 Serco loader 238 Hyd Cylinders*

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Stanley Ricottilli Rustic Fence

Live Auction

View Gallery (220)

Auction Date(s)

Thursday Dec 2, 2021 Completed

Auction Location

Millcreek, WV 26280

View Map

Company

Bright Star Realty and Auctions, INC

Contact: Loren Beachy
Phone: 574-825-0704
Website: brightstarauctions.com

Listing Terms and Conditions

There is a 13% buyer’s premium in effect for all purchases. All items sell where is as is with no warranties or guarantees. Buyer is responsible to inspect all merchandise prior to placing bids. All items must be paid within 7 business days. Payment terms: Cash, check, wire transfer, or any major credit card. (additional 2% CC fee will be charged for CC payments). All items are pick-up only. Smalls must be removed within 2 days. Buyer shall assume responsibility of all property when auctioneer says sold. Auction company is not responsible for any missing or stolen items.

Bidder Terms and Conditions

Auctions Conducted Under These Terms. The Auction is conducted under and in accordance with these Terms, the Terms posted on Auctioneer’s website, applicable law, and any announcements or corrections made by Auctioneer during the Auction. By participating in the Auction, whether at the auction site, online, telephonically, or through any other means (including Absentee Bid), Bidder agrees to be bound by, and to abide by, these Terms.

Auctioneer’s Licensing and Bonding. Auctioneer is licensed and bonded, where required, as follows:

IN, IL , WI , KY , OH , VA , AR , NY, NC, TN, MO .

Definitions. The following definitions apply to these Bidder Terms for each auction conducted by Auctioneer: “Absentee Bid” means a bid submitted in advance by an Absentee Bidder for the execution during the Auction. “Absentee Bidder” means a person or entity that submits an Absentee Bid.

Bidder Registration. All persons desiring to bid at the Auction, must register to bid and be issued a Bidder Number. In order to register to bid, each potential Bidder 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 issue a Bidder Number to any potential Bidder, and, if a Registered Bidder breaches any Bidder Terms or engages in improper conduct, Auctioneer may revoke any Bidder Number. By registering to bid at the Auction, each Registered Bidder acknowledges and agrees that such Registered Bidder has read, understands, and agrees to be bound by, these Bidder Terms. In Auctioneer’s discretion, bids may be received from a person who has not registered to bid, and by placing a bid accepted by Auctioneer such unregistered Bidder will be bound by these Bidder Terms and will immediately complete a Bidder Registration.

Auction Conducted in the State of Indiana.

1. For Auctions in the State of Indiana and Online. All Property is offered for sale in the State of Indiana, and will be sold in the State of Indiana. Notwithstanding the physical location of the Bidder or any Participant, these Terms are entered into in the State of Indiana, all bids and payments are received in the State of Indiana, and the Realty Purchase Agreement, if any, will be formed and entered into in the State of Indiana.
2. For Auctions outside of the State of Indiana. All Property is offered for sale in the state of the Auction Site, and will be sold in the state of the Auction Site. Notwithstanding the physical location of any Bidder or any Participant, these Terms are entered into in the state of the Auction Site, all bids and payments are received in the state of the Auction Site, and the Realty Purchase Agreement, if any, will be formed and entered into in the state of the Auction Site.

Buyer's Premium. All Property offered at the Auction is subject to a Buyer’s Premium, which will be paid by the Buyer to Auctioneer for Auctioneer's own account. The Buyer's Premium will be calculated as a percentage of the Hammer Price, and will be added to the Hammer Price to determine the final Purchase Price. Buyer agrees to pay the Winning Bid plus the applicable Buyer’s Premium.

Access to Auction Site. Participants assume all risks associated with their presence at the Auction Site or their access to the online bidding platform utilized by Auctioneer. Any person may be denied access to the Auction, the Auction Site, and the online bidding platform utilized by Auctioneer, and may be removed at Auctioneer’s discretion.
Nature of the Auction.

Bidding. Registered Bidders may only bid at the Auction by agreeing to be bound by these Bidder Terms. By bidding, each Registered Bidder acknowledges and agrees that such Registered Bidder has had a full and fair opportunity to read, and understands, these Bidder Terms, and affirms that such Registered Bidder is subject to and bound by these Bidder Terms.

No Bid Retraction. Bidder may not retract a bid that has been acknowledged by Auctioneer or that has been submitted online. Bidder acknowledges and agrees that Auctioneer is acting in reliance on tendered bids in the conduct of the Auction, and that bid retraction is disruptive and interferes with the Auction, and that, as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and for such Bidder to bid at the Auction, Bidder agrees not to withdraw or to attempt to withdraw any tendered bid that has been acknowledged by Auctioneer.

Online Auction. The following terms and conditions apply if the Auction is conducted, in whole or in part, online:

1. Online Bidding Registration. Anyone desiring to bid online, or to establish the possibility of bidding online, will be required to create an online bidding account by completing all necessary forms and providing required information.

1. Bidder Terms and Conditions; Notices and Announcements. The Auction will be conducted in accordance with Auctioneer's Terms and any notices or announcements by Auctioneer and/or posted on Auctioneer's website.

1. Posted Times. All times are based on the Eastern Standard Time zone unless stated otherwise. Posted closing times and time displays are approximate. Auctioneer reserves the right to close early or extend the Auction at any time at Auctioneer’s sole and absolute discretion.

1. Online Bidding Increments. Auctioneer may establish bid increments, and may modify or change bid increments, in Auctioneer's sole and absolute discretion.

1. Records of Online Activity. Absent clerical errors, Auctioneer’s records will be deemed final and conclusive.

1. Technology Disruptions. Auctioneer will not be responsible 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, (ii) breakdown, disruption, or failure of a Bidder's internet connection, computer, or system, (iii) viruses or software malfunction, or (iv) 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.

1. Failures by Online Auction Platform Provider and its Affiliates or Contractors. Auctioneer may use an Online Auction Platform Provider to facilitate the Auction. Under no circumstances will Auctioneer be liable for any failure of the Online Auction Platform Provider to perform all or any of its obligations, or for the failure of any affiliates, employees, agents, representatives, or contractors of the Online Auction Platform Provider to perform their obligations.

1. Auto Extend Feature. Any Online Bidding Period may include an auto extend feature. This means that, if an online bid is entered within a set time period approaching the end of the established Online Bidding Period, the Online Bidding Period will automatically be extended for an additional amount of time in increments established by Auctioneer, and will continue to be so extended until there is a set period of time that lapses during which no online bids are received, after which bidding will close.

1. Disclaimer. Auctioneer makes no representations or warranties, and disclaims any representations or warranties,

1. Responsibility for Online Bids. If a Winning Bid is sent to Auctioneer from the computer of a Registered Bidder, and is, thereafter, confirmed by Seller, such Registered Bidder will be the Buyer.

1. No Reduction or Retraction of Competing Online and Onsite Bids. In the event of contemporaneously made online and onsite bids, Auctioneer will determine which bid is the successful bid, and may, in Auctioneer’s discretion, reopen the bidding.

1. Winning Bidders Subject to Certification by Auctioneer. The final determination of the Winning Bidder is subject to certification by Auctioneer; and any email or electronic message (whether generated manually or automatically) is subject to such certification.

1. Online Bids. Online bids may not be reduced or retracted.

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 advances 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 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 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 accept or reject such bid. An Absentee Bidder may provide instructions to the 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 only as the agent of the Seller, and the receipt and/or execution of Absentee Bids will not create an agency relationship between Auctioneer and any Absentee Bidder.

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

Registered Bidders Responsible for Bids Placed on Bidder Number. Each Registered Bidder is responsible for the Bidder Number issued to such Registered Bidder. Auctioneer is not responsible for monitoring or policing the use of Bidder Numbers, and each Registered Bidder is responsible for all bids made on the Bidder Number issued to such Registered Bidder even if the Registered Bidder claims that the Bidder Number was lost, stolen, or misappropriated, unless notice of a lost, stolen, or misappropriated Bidder Number was provided to Auctioneer prior to an unauthorized bid being made. Absent a clerical error, Auctioneer’s recording of bids against a Bidder Number will be conclusive as to the making of such bid by, or on behalf of, the Registered Bidder.

Withdrawal of Property. Auctioneer has the absolute right to withdraw any Property from the Auction prior to the Fall of the Hammer, unless the Property is explicitly provided that the Property is being sold at an Absolute Auction.

Winning Bid; Buyer. Pursuant to these Bidder Terms, the Bidder making the Winning Bid for any Lot or item of Personal Property or each parcel of Real Property will be the Buyer of such Property.

All Property Sold “AS IS”, “WHERE IS”, and “WITH ALL FAULTS”. ALL 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. 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 PROPERTY. 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. EACH BIDDER ACKNOWLEDGES AND AGREES THAT HE, SHE, OR IT CANNOT RELY, AND HAS NOT RELIED, ON ANY REPRESENTATION, WARRANTY, OR GUARANTY MADE BY THE SELLER OR ANYONE ACTING AS AGENT OF THE SELLER, ORALLY OR IN WRITING, ABOUT THE PROPERTY, OR ANY OF IT. BY BIDDING, EACH BIDDER ACKNOWLEDGES AND AGREES THAT SUCH BIDDER HAS HAD A FULL AND FAIR OPPORTUNITY TO INSPECT THE PROPERTY, AND IS RELYING SOLELY ON, OR HAS WAIVED, SUCH BIDDER’S INSPECTION AND INVESTIGATION (i) IN DETERMINING WHETHER TO BID, (ii) IN DETERMINING THE AMOUNT OF A BID, AND (iii) IN BIDDING.

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

Bidder’s Inspection. By bidding, each Bidder acknowledges and agrees that such Bidder has had a full and fair opportunity to inspect the Property, and is relying solely on, or has waived, such Bidder’s inspection and investigation (i) in determining whether to bid, (ii) in determining the amount of a bid, and (iii) in bidding. Bidder accepts any and all risks associated with the purchase and/or use of the Property. Bidder agrees to defend, hold harmless, indemnify, and protect both Auctioneer and Seller from any all claims of injury arising out of or relating to the purchase or use of the Property.

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

Contract of Sale for Personal Property. By operation of these Terms, no additional or further writing will be required to evidence the existence of a contract of sale for any Personal Property Knocked-Down at the Auction regardless of the Purchase Price, and these Bidder Terms, 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 will be incorporated into the contract between each Buyer and Seller.

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 (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) promptly 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, and it is demonstrated to Auctioneer’s satisfaction that such bid was, in fact, timely made, or (iii) promptly after the Fall of the Hammer or other termination of the bidding Auctioneer is made aware that Auctioneer and a bid assistant or ring man, or multiple bid assistants or ring men, have acknowledged bids in the same amount bid from different bidders, or (iv) 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.

Motor Vehicles and Equipment. Any and all motor vehicles and motorized equipment (including, without being limited to, automobiles, trucks, vans, recreational vehicles, motor cycles, motor scooters, tractors, earth moving equipment and other heavy equipment) must be paid in full prior to removal from the Auction Site; and, if any vehicles or equipment is paid for with a check, the

vehicle or equipment will not be released unless and until the check clears the drawee bank and the funds have been received by Auctioneer.

All Sales Final. ALL SALES ARE FINAL. NO REFUNDS OR RETURNS.

Sales Tax. Subject to applicable exemptions, if any, each Buyer is responsible for the payment of sales tax for each Lot Knocked- Down at the Auction, which sales tax will be collected by Auctioneer at the time payment is made.

Payment. All Personal Property must be paid for in-full by onsite Buyers on the day of the Auction, at or before the conclusion of the Auction, and before any Property is removed from the Auction Site by or on behalf of the Buyer. Online purchases must be paid for within five (5) days after the close of the Auction. Onsite purchases may be paid in cash or approved check, and, when authorized by the Seller and made available by Auctioneer, by credit card or debit card. Online purchases must be paid by credit card or approved check; provided, however, that any online purchases in excess of Two Thousand Five Hundred Dollars ($2,500.00) must be paid by wire transfer or certified funds unless other arrangements are made with Auctioneer in Auctioneer’s sole and absolute discretion.

Pick-up and Removal; Shipping. Each Buyer is responsible for removal of Lots purchased at the Auction, including shipping to remote Buyers. Pick-up and removal dates and times will be as posted on Auctioneer’s website or announced at the Auction. Unless otherwise agreed, each Buyer is solely responsible for the disassembly, removal, shipping, and transportation of each Lot purchased by such Buyer. Disassembly and removal shall be done in a workmanlike manner, and each Buyer shall indemnify and hold harmless both Auctioneer and Seller against any and all damage caused by the acts of the Buyer, or such Buyer's employees, agents, representatives, or independent contractors, in connection with the disassembly or removal of any Personal Property. Any and all damages to the Auction Site, including, without being limited to damages to land or buildings, caused by a Buyer or by an employee, agent, representative, or independent contractor of a Buyer, will be repaired by, or at the expense of, such Buyer to the satisfaction of Auctioneer and Seller.

Abandoned Items. Any Lots not paid in full, not picked up and removed in the time provided (but, under any circumstances, within thirty (30) days after the Auction), or for which payment has not cleared (within five (5) days after the Auction), will be considered abandoned and may be offered for sale at a later auction or subject to other disposition. Such abandonment does not, however, relieve the Buyer or the Buyer’s obligation to make payment in full. Any payments made by or on behalf of a Buyer are non-refundable, and Buyers will remain responsible for the full purchase price of all Lots sold to them.

Returned Checks. Any checks that are returned unpaid will be subject to a returned check fee in the amount of Fifty and 00/100 Dollars ($50.00). 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. Each Bidder agrees that such Bidder 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. Each Bidder further agrees that if, in violation of these Terms, a stop payment order is issued or a credit card chargeback is initiated, these Terms will be conclusive evidence of the Bidder’s (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 each Bidder acknowledges and agrees that on Auctioneer’s presentation of these Terms 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 deny any credit card chargeback, and will re-credit all amounts to or for the account of Auctioneer. If, in violation of these Terms, a Bidder issues a stop payment order or initiates a credit card chargeback, such Bidder, 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. Each Bidder acknowledges and agrees 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 to such Bidder, and is being made as an inducement for Auctioneer to accept such Bidder’s Bidder Registration and to issue a Bidder Number. Each Bidder acknowledges and agrees that Auctioneer is relying on the covenant not to issue a stop payment order or to initiate a credit card chargeback in accepting such Bidder’s Bidder Registration and in issuing a Bidder Number.

Claims. With respect to Lots removed from the Auction Site by or on behalf of a Buyer, no claims or returns will be allowed and no claim will be allowed for adjustments or rescission of any sales based on the failure of a Lot to correspond with any standard and/or expectation of the Buyer.

Risk of Loss for Personal Property. Risk of loss with respect to Personal Property passes to the Buyer with the Fall of the Hammer. Neither Auctioneer nor Seller will be liable for any loss or damage to a Lot after such Lot is sold at the Auction, other than as may be directly and solely caused Auctioneer’s negligence, gross negligence, or intentional misconduct in handling and safeguarding the Lot while in Auctioneer’s sole and exclusive possession.

Buyer’s Remedies; Bidders/Buyers Not Entitled to Incidental or Consequential Damages. To the extent that any Bidder or Buyer may be entitled to damages or remedies, the sole and exclusive remedy available to Bidders and Buyers is a return of the Purchase 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. Each Bidder acknowledges and agrees that no Bidder or Buyer is entitled

to specific performance or other equitable relief.

Seller’s Remedies. If any Buyer breached such Buyer’s obligations under these Terms or under a sale contract with the Seller of Property sold at the Auction, in addition to all other legal and equitable remedies, such property may be resold and the breaching Buyer will be responsible for any and all damages, including any deficiency or reduction in the Purchase Price, along with incidental damages.

Indemnification. Each Bidder agrees to indemnify, defend, 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.

Private Sale. No Participant or Registered Bidder may offer to enter into a Private Sale for the purchase of any of the Property prior to, during, or after the Auction. If any of the Property is not Knocked Down at the Auction and Bidder enters into an agreement to buy (i) any of the Personal Property from the Seller within ten (10) days after the Auction, and/or (ii) any of the Real Property within ninety (90) days after the Auction, Bidder shall pay to Auctioneer an amount equal to Auctioneer’s full commission and Buyer’s Premium.

Waiver. Certain provisions of these Bidder Terms are for the exclusive benefit of Auctioneer and/or Seller(s). Such provisions, including, without being limited to, Bidder registration and qualification requirements, deposit and payment terms (including the method, form, and timing of payment), removal and delivery terms, and Property 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 Terms that are intended for the benefit of Auctioneer and/or Seller.

Compliance with the Law. Bidder shall not engage in any illegal conduct on the Auction Site and shall comply with all federal, state, and local laws. Bid pooling occurs when Bidders collude to regulate, and artificially suppress, bidding in an effort to reduce the Hammer Price. Anyone participating in bid pooling will be removed from the Auction Site and referred for prosecution. Theft is a serious offense, and, if discovered, will be prosecuted to the fullest extent of the law. Instances of theft will result in immediate termination of bidding and removal from the Auction Site.

Governing Law; Jurisdiction; Venue; Waiver of Jury Trial. These Bidder Terms will be governed by and construed in accordance with the laws of the State of Indiana, 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 Elkhart County, Indiana,, which courts will have exclusive jurisdiction, and will be the exclusive venue, for any and all such claims, disputes, and other matters. By submitting a Bidder Registration and accepting a Bidder Number each Registered Bidder irrevocably and unconditionally (i) agrees that any claim, suit or cause of action relating to these Bidder Terms, or the transactions contemplated hereby, will be brought in the state or federal courts sitting in and for Elkhart County, Indiana,; (ii) consents to the jurisdiction of such courts for any such claim, suit or cause of action; (iii) waives 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) waives any objection to the bringing of such claim, suit or cause of action in such courts on the grounds of forum non conveniens. Each Bidder, Buyer, and other Participants waive the right to a jury trial.

Attorneys’ Fees. If any Participant breaches such Participant’s obligations under these Terms, Auctioneer and/or Seller will be entitled to recover all costs and expenses, including attorneys’ fees incurred in enforcing their respective rights hereunder.