Auction Rules And Terms - Auction Date: 1/24/2017 Bankruptcy Case # 16-50173-pjs. This auction sale will be conducted under the authority and supervision of the United States Bankruptcy Trustee appointed in this matter. All sales are conducted subject to final approval of the Bankruptcy Trustee. In addition to the high bid price, a bidders commission of 10% of the high bid will be charged to the purchaser of all equipment. High bidder will be required to post a deposit of at least 25% (TWENTY FIVE PERCENT) of the high bid price immediately upon conclusion of the auction. Payment is to be made payable to the auction company. Payment must be made in the form of cash, cashiers check, or alternate payment accepted at the discretion of the auction company. Full payment must be made to the auction company no less than 24 hours from the close of bidding. This auction sale will require the successful high bidder to thoroughly and completely remove all personal property items from within the fenced area of the property. Successful bidder will be required to post a refundable completion deposit of $3,000.00 to guarantee removal of all personal property from the facility. Failure to remove all items as agreed shall cause buyer to forfeit as much of the posted deposit as is required to complete the removal of all items as required by the purchase agreement. Buyer agrees to be responsible to repair any damage to physical structures or security fencing caused as a result of removal efforts. Buyer also agrees to be liable for any damage or contamination caused by any vehicles or equipment used in the removal of the purchased items. Buyer agrees that removal of all items shall be completed FOURTEEN DAYS from acceptance of the sale agreement by the Trustee. Any items remaining at the end of fourteen days shall be considered as abandoned, and will be removed at the expense of the buyer, using the funds posted in the completion deposit. Buyer agrees to accept items purchased “AS IS, WHERE IS, WITH ANY AND ALL FAULTS” and “WITH NO WARRANTIES OF ANY KIND”. The auctioneer expressly disclaims for itself and as agent of any seller any warranty as to fitness for particular use or merchantability of all items offered. The buyer expressly waives any claim in respect to any possible future use of any item purchased for any purpose whatsoever. The buyer does hereby assume and does agree to indemnify and hold the auctioneer, his agents and any sellers harmless from any and all future claims or liability. Prospective buyers are advised that each and every item or lot will be sold to the highest bidder for cash or it’s equivalent. The balance of purchases and fees will be due prior to pick up or release of the items or lots. If no purchases are recorded, or if high bids are rejected by selling agency, any money placed as a deposit will be refunded to buyer. C. B. Kaye & Associates expressly reserves the right to determine the manner of conducting the auction and the right to sell items or lots by individual or group lots as it deems appropriate. C. B. Kaye & Associates assumes no liability for errors or omissions in this or any other listing. The buyer acknowledges that they or their agent has inspected all items which they will be bidding on or eventually purchasing. Buyer agrees to accept items purchased “AS IS, WHERE IS, WITH ANY AND ALL FAULTS” and “WITH NO WARRANTIES OF ANY KIND”. The auctioneer expressly disclaims for itself and as agent of any seller any warranty as to fitness for particular use or merchantability of all items offered. The buyer expressly waives any claim in respect to any possible future use of any item purchased for any purpose whatsoever. The buyer does hereby assume and does agree to indemnify and hold the auctioneer, his agents and any sellers harmless from any and all future claims or liability. Items may be offered for sale with Reserve or Minimum Bid Requirements. Bidders are advised that failure to pay for purchases in full within the posted payment requirements may result in a cancellation of the sale. A cancellation may result in the item being offered for sale in a subsequent sale, either through public auction or private negotiated sale. Non paying bidders agree that they may be financially liable for any difference in lost sale values and buyers fees. Non paying bidders may be charged all expenses related to the collection of lost fees and charges. NOTHING MAY BE REMOVED UNTIL THE BUYER HAS PAID IN FULL. ALL GOODS TO BE REMOVED AT THE RISK AND EXPENSE OF THE BUYER, PLEASE BRING YOUR OWN EQUIPMENT AND ASSISTANCE FOR REMOVAL OF ITEMS. ALL BUYERS AND CONTRACTORS USING EQUIPMENT TO REMOVE ITEMS MUST SHOW PROOF OF LIABILITY AND WORKMENS COMPENSATION INSURANCE. Failure to remove items within the listed times, whether paid or not, shall make any deposits subject to forfeit. It is the Auctioneers belief that each item has been carefully and accurately described. The Auctioneer has obtained the enclosed information and descriptions from sources deemed to be reliable. Prospective buyers are advised that the Auctioneer does not guarantee the accuracy of descriptions or conditions of the subject property. The descriptions herein are subject to changes that may be made at the time of the sale. Changes made at the time of sale, to the order of the sale or any terms and conditions of the sale will supersede any previously issued item. All attendees of the auction are advised that by their admission to the auction site, they assume full responsibility for their personal loss or injury, and agree to hold harmless of any claims the auctioneer, consigners, landlords or their agents.