AUCTION TERMS & AGREEMENT:

1.These terms are hereby set forth and entered into between McPherson Auction & Realty and the person or entity signed and described on this page. The buyer’s acceptance of the terms and use of the assigned bidder number will further verify the acceptance of these terms in their entirety.

2. Buyer is responsible for purchases made on this number. This bidder number is valid for all three days of auctions. Please contact McPherson Auction & Realty immediately should you misplace this.

3. Buyer agrees and understands that a buyer’s premium of 6% plus applicable sales tax is charged at this auction. The buyer’s premium is added to the gavel price for each item purchased.

4. Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided by Seller; (ii) McPherson Auction & Realty does not make any representations or express any opinions of its own concerning any Lot; and (iii) McPherson Auction & Realty does not undertake any duty to examine any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller for the benefit of Buyer or anyone else.

5. All Statements contained in any catalogs, advertisements or public announcement of any type pertaining to the sale, including without limitation any statements concerning condition, genuineness or authenticity, origin or provenance, previous use or ownership, manufacturing or restoration processes, year or age, serial number, make, model or mileage of any Lot or of any component of any Lot, are provided by the Seller, not McPherson Auction & Realty, and are either expressions of opinion or are for ease of identification only, and they are not to be relied upon by Buyer as representations of fact. Buyer assumes all risks associated with any nonconformity of any Lot or any component of any Lot. As a condition of participation in the auction, Buyer represents that he/she will conduct any inspections and examination necessary PRIOR TO BIDDING in order to satisfy themselves of all material facts before making any bid. INSPECT BEFORE BIDDING, NOT AFTER.

6. Buyer hereby waives and releases McPherson Auction & Realty from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty. Buyer agrees not to join McPherson Auction & Realty as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. If Buyer fails to comply with this provision, Buyer agrees to reimburse McPherson Auction & Realty for all costs, expenses and fees, including attorney fees, in defense of such claims.

7. Cars selling on Thursday must be removed from the venue as soon as possible Thursday evening. This must happen to make room for the Friday cars to be parked. Cars selling on Friday must be removed from the venue as soon as possible on Friday afternoon. This must happen to make room for the Saturday cars to be parked. Please have a plan made as to where you can move your cars to after settlement has been made. We have free parking setup with ELK HORN RIDGE RV, this free parking is available for everyone and is only 8 minutes away from Deadwood. If we all work together on this, we can help the crew and the other sellers accomplish this lot change in a timely manner. Everyone, including the auction crew and sellers, would like to enjoy the evening and have an opportunity to get some supper and a chance to rest. We appreciate your attention to this. Thank you.

(ONLINE BUYERS, WE WILL MOVE YOUR CARS FOR YOU)

8. Shipping, transportation and storage are the expense of buyer.

9. All proceeds must be received before the vehicle/s titles are processed and sent to the buyer.

10. Placing a bid on any item selling in this auction is your acceptance of the terms of the auction as stated above. This is a contract and should you have questions, you should seek the advice of your attorney.

FRIDAY AUGUST 25 2023 KOOL DEADWOOD NIGHTS

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