32 +/- Acres Industrial Real Estate, Terms and Conditions

These are the complete and only terms and conditions on which all property is offered for sale. By bidding in this auction, prospective bidders agree to be bound by the following:

Registration

All bidders must register their name, permanent street address (no P.O. Boxes please), and phone number prior to the auction. When applicable, Internet bidders are required to register a valid Visa or Mastercard number, and may be required to arrange for a bank letter of credit.

Deposit

We do require a $50,000 deposit in a cashiers check or certified check upon registration. This is refundable to you if you are not the winning bidder.

Terms of Sale

The highest bidder for each lot shall be the buyer, and if any dispute arises as to any bidding, or between two or more bidders, at the sole discretion of the auctioneer, the disputed lot shall be put up again at the last undisputed bid and resold.

Buyer's Premium

CAPITAL RECOVERY GROUP will charge and retain a non-negotiable 2% buyer's commission.

Taxes

Does not apply - Where required by law, Buyer shall pay to CAPITAL RECOVERY GROUP sales tax. Tax will be added to the purchase price of all purchased items, as well as the Buyer's Premium. At the time of payment, dealers who purchase for resale must supply CAPITAL RECOVERY GROUP with all necessary documentation or upon receipt of such resale documentation the tax will be refunded to the dealer.

Payment

Deposit must be increased to 10% of purchase price within twenty-four (24) hours of sale. The balance is due by certified check or bank cashier’s check. Closing on the property must be within 30 days following the execution of Purchase and Sale Agreement. All other terms are set forth in the bidder’s prospectus and at the time of the sale. The sale is subject to seller confirmation.

Catalog Descriptions

Does not apply - CAPITAL RECOVERY GROUP does not warrant the condition of any lot sold. ALL PROPERTY IS SOLD AS IS, and neither CAPITAL RECOVERY GROUP nor the consignor makes any warranties or representations of any kind or nature with respect to the property or it's value, and in no event shall they be responsible for correctness of description, genuineness, attribution, provenance, authenticity, authorship, completeness, condition of the property or estimate of it's value. No statement (oral or written) in the catalog, at the auction, or elsewhere shall be deemed such a warranty or representation, or any assumption of responsibility.

Prospective bidders are urged to contact CAPITAL RECOVERY GROUP directly for detailed information regarding any lot. THERE SHALL BE NO RETURNS FOR ANY REASON.

How do I bid on the Internet? (When available)

Does not apply - Internet bidding through our Provider is offered as a service to our customers, and prospective bidders shall not hold the auctioneer or his staff responsible for any failure due to the loss of the auction aplet supplied to CAPITAL RECOVERY GROUP by the Provider.

Upon entering the specific auction page on our website, you will be directed to click on the internet bidding site. Once you click on that you will be brought to the site to register for internet bidding. After you register to bid, you will automatically receive a user name and password. Upon receipt of the user name and password, you will have to re-enter the internet bidding site using this information. You will then be able to provide the appropriate credit information and be approved for bidding.

If you have bid over the internet with us before, you will already have your user name and password and can use that same one to register for subsequent auctions.

Absentee Bidding. Absentee bids left through our Provider are automatically bid electronically by the Provider. These electronic bids often compete against absentee bids left directly with CAPITAL RECOVERY GROUP's staff by prospective bidders who are not participating in the internet component of the auction, but have contacted CAPITAL RECOVERY GROUP directly and "left" a bid. These bids are executed competitively by a member of CAPITAL RECOVERY GROUP's staff at the time of the live auction, and are often in direct competition with the internet bids. In the event that there is a tie absentee bid, the earliest recorded bid shall be the winner.

After the Auction

Does not apply - CAPITAL RECOVERY GROUP will invoice all successful bidders within 24 hours after the close of the auction. Successful bidders are expected to pay for their purchases immediately. IF PAYMENT IS NOT RECEIVED WITHIN 2 BUSINESS DAYS AFTER THE FAXING, E-MAILING OR MAILING OF AN INVOICE, ABSENTEE BIDDERS AUTHORIZE CAPITAL RECOVERY GROUP TO CHARGE THEIR PURCHASES TO THEIR CREDIT CARD LEFT ON FILE WITH THEIR ABSENTEE BID.

Shipping

Does not apply - It is the buyer's responsibility to arrange packing and shipping of any and all lots purchased. It is the responsibility of the buyer to pay for all shipping and handling charges. CAPITAL RECOVERY GROUP will need to see a paid invoice before removing any and all purchases.

Removal

Does not apply - All purchases must be completely removed by the date posted for each sale. The removal deadline will be posted for each sale under the sales Terms and Conditions.

Removal Hours and Dates

Does not apply - No items may be removed until the auction is completed. When the auction is completed, the Buyer may remove items if their invoice is paid in full by 4:30 p.m. or the close of the business day.

Regular removal hours are 8:30 a.m. - 4:30 p.m. Monday thru Friday. Specific dates are set for each sale. These dates and times are strictly adhered to.

Riggers and Movers

Does not apply - All contracted riggers and movers must have an insurance certificate on file with CRG with a minimum of $1,000,000.00 in liability and damage coverage.

Removal Procedures

Does not apply - 1. NO MERCHANDISE WILL BE RELEASED DURING THE AUCTION SALE.

2. Pay your invoice in full. Once you do, you will be given the white copy of your invoice. Invoice must be paid in full prior to removing any items. NO EXCEPTIONS.

3. Return to the auction site during the removal hours with the original white copy of your invoice, or make sure a company representative has the original white copy.

4. You will then be paired with a representative from CAPITAL RECOVERY GROUP, who will proceed to check out and allow you to remove all of the items you purchased at the auction.

5. If you are unable to remove all of your items in one day, be sure to bring the original white copy of your invoice when you return. This is the only way CAPITAL RECOVERY GROUP can be sure of which items you have already removed.

Additional Check-Out Procedures

Does not apply - 1. Buyer is responsible for providing his own forklifts and material handling equipment to be used in the removal of Buyer's lots. Material handling equipment sold at this auction may not be used in the removal of lots unless you were the successful Buyer of said material handling equipment.

2. Small Lot Removal: CAPITAL RECOVERY GROUP is not responsible for any missing or lost small lots if they have not been removed within 48 hours of the conclusion of the sale. There will be NO removal of any lots until the auction is complete.

3. It is solely the Buyer's responsibility to properly remove all fluids, oils, hazardous chemicals, etc., from machinery purchased at this auction. All oils should be properly stored in the appropriate containers (sealed drums).

4. All lots must be removed no later than the date posted for each individual sale under the specific sales Terms & Conditions posted in the paper catalog. Failure to remove all lots by the removal date results in Buyer's violation of the terms of the auction sale, providing CAPITAL RECOVERY GROUP with the right to exercise any options. Buyer will be solely responsible for all costs of these options.