ESTATES AUCTION Portsmouth New Hampshire

Terms and Conditions By submitting your bid, you agree that: • You have read and agree with the Auctioneer Terms and Conditions below and the LiveAuctioneer Terms of Use Agreement. • You agree to pay a buyer's premium of up to 20% and any applicable taxes and shipping. PAUL MCINNIS, INC. – TERMS & CONDITIONS The property listed and described in this Auction will be offered under the following terms and conditions of sale, which terms and conditions of sale and descriptions of items may be amended, updated or altered at the time and place of sale from the Auction block. These terms and conditions of sale and any announcements from the Auction block shall be binding on any Bidder or Attendee (hereinafter referred to as registered Bidder, Buyer or Attendee), whether present, represented by an Agent, any Absentee and/or Internet Bidders. Bidders are bound by these terms and conditions of sale and the Bidder Registration Form, which is incorporated in and made a part hereof. This Auction is being conducted by Paul McInnis, Inc. Auctioneer (hereinafter referred to as PMI, Auction Company or Auctioneer). 1. “AS-IS”, “WHERE-IS” – All property is sold “as-is” and “where-is”, all sales are final and neither PMI nor the Seller makes any express or implied warranty or representation of any kind or nature with respect to the property being sold. In no event shall PMI, or the Seller be responsible for the correctness of or be deemed to have made any representation or warranty of merchantability, fitness for purpose, description, size, genuineness, year of manufacture, attribution, provenance or condition concerning the property or any warranty that any item complies with any applicable federal or state laws. No statement set forth in the brochure and catalog or made at the sale or in the bill of sale or invoice or elsewhere, whether oral or written, shall be deemed such a warranty or representation or an assumption of liability. PMI makes no representation or warranty as to the accuracy of the descriptions or representations as listed in the catalogue listing or of the mileage and/or odometer readings or serial, body or chassis numbers. PMI acts exclusively as the Agent of the Seller. All Bidders acknowledge that PMI is under no obligation to verify the accuracy of any information provided; furthermore, all Bidders represent that they have conducted their own inspection and due diligence. Auction subject to errors, omissions and withdrawals. It is the buyer’s responsibility to inspect all lots prior to bidding to ensure that the condition is to their satisfaction. If potential buyers are unable to inspect lots in person, our staff will be happy to prepare detailed Condition Reports on individual lots. These are for guidance only and all lots will be sold as described per our Terms and Conditions of Sale. All goods are sold “As-Is” and “Without Recourse”. Please satisfy yourself as to the condition of the item before bidding. 2. BIDDING INCREMENTS – Paul McInnis, Inc. reserves the right to change bid increments at any time prior to or during the auction. 3. DISPUTE BETWEEN BIDDERS – If any dispute arises among Bidders, the Auctioneer may decide the same or may immediately put the lot or item up for sale again, and resell to the highest Bidder. The Auctioneer shall not be liable for missed bids, un-executed Absentee Bids or Internet Bids. In the event of a tie bid between an online bidder and a floor bidder, the floor bidder will take precedence. The decision of the Auctioneer shall be final and absolute. 4. CONFIRMATION OF PURCHASE – Title to the property shall pass to the Buyer upon the fall of the Auctioneer’s hammer and declaration “Sold”, subject to the compliance by the Buyer of the terms of sale. Buyer assumes all responsibility for the item or items and shall pay the total purchase price. All sales are final, subject only to these terms and conditions. Buyer assumes all risk of loss whether by damage, theft, fire, etc. from the time the hammer falls or they become the high bidder. 5. PAYMENT TERMS – The bid price plus the Buyer’s Premium is due and payable as follows: A) Live Onsite, Absentee & Phone Bidders – A 17% Buyer’s Premium applies for all purchases made by bidders in attendance onsite, absentee bidders and phone bidders. Payment by cash, MasterCard or Visa in U.S. currency. No personal checks will be accepted unless previous arrangements have been made at least two business days prior to the auction. Complete payment is required day of auction (if bidding live at the onsite auction) or upon receipt of notification of a successful bid (if bidding as absentee, phone or online bidder). All online bidders will have the card on file charged the following day, unless prior communication has been made. Items not paid for after the third day of sale are deemed uncollectable and bidder is marked as a non-paying bidder. B) Internet Bidders – A 20% Buyer’s Premium applies for purchases made by bidders online. The same payment terms stated above in Item 5A will apply to online bidders. Auction subject to errors, omissions and withdrawals. Further conditions of sale as posted at auction. PMI reserves the right to refuse to register any person for any reason in PMI’s sole discretion. 6. BIDDER DEFAULT – Should a Bidder default on payment in accordance with these terms in any manner whatsoever, without limiting any recourse PMI may have, PMI and/or Seller at its option may do either of the following: (1) cancel the sale and retain as liquidated damages all payments, deposits or credit card charges or holds (Bidder agrees not to dispute this charge with the credit card company at any time) made by the Buyer, or (2) resell the lot to the next highest Bidder (3) resell the lot on 5 days written notice to the Buyer at a private or public sale for the account of and at the risk of the Buyer, and in such event the Buyer shall be liable for any deficiency plus all costs. 7. FIREARM PURCHASES – Federal, State and Local firearms laws will be observed. A Federal Firearms Licensed Dealer will be on-site the day of the auction. New Hampshire residents over the age of 21 may take possession of any firearm on day of sale providing the proper paperwork is filled out and the transfer has been approved. FFL holders may take possession of any firearm on day of sale when they present a signed copy of their Federal Firearms License. Non-residents may take possession of long guns on day of sale after completing the proper forms and successfully completing any required background check. Purchases of modern handguns by non-residents will need to be shipped to an FFL holder in the buyer’s home state. Buyer is responsible for any and all shipping charges and all items must be paid for on day of sale. Bidders should be familiar with their local and state laws. Any fees due the on-site FFL holder shall be due and payable by the buyer. PLEASE NOTE: It is highly recommended that before any buyer uses any firearm purchased at this auction they have it examined by a qualified gunsmith to determine whether or not it is safe to use. All firearms are sold strictly in “AS-IS” condition. 8. DELIVERY OF TITLES – Bills of Sales and other forms will only be released in the case of cash purchases. In all other cases Vehicles, and Bills of Sale will only be released after all other forms of payment (cashier’s checks, traveler’s checks, money orders and company and personal checks, even if you have submitted a "Letter of Guarantee") have cleared PMI’s bank account. 9. RESERVES – Some lots are offered subject to a reserve. A reserve is a confidential minimum price below which a lot will not be sold. Auctioneer will execute any such reserve and announce any lot not meeting its reserve as unsold. 10. ABSENTEE & INTERNET BIDDING AVAILABLE – Bidders must sign and submit a separate Absentee Bidder Form or register online with: www.liveauctioneers.com to request to bid online via the internet. 11. REMOVAL OF PROPERTY – None of the property may be removed from the premises until the total purchase price has been paid. Any property not removed by the Buyer will be considered abandoned. PMI assumes no responsibility for acts or omissions for such handling including, but not limited to, theft, loss, damage, or any and all transportation whether at the direction of the Buyer or PMI. Buyer shall be solely responsible for making arrangements for loading, shipping or transportation of the Buyer’s purchases at Buyer’s sole expense. 12. SHIPPING – PMI has arranged for Michael Holland of the UPS Store to be available for shipping. You may contact him by e-mail at: Store1510@theupsstore.com, Subject Line – Paul McInnis November 20 Auction, or call him directly at (603) 474-2420. Buyers must complete a Shipping Request Form (available on our website and/or at the auction) indicating buyer’s request to turn purchases over to the UPS Store for shipping. NOTE: We do not provide in-house shipping. We would be happy to meet with your third party shipper of choice if you wish to use a shipper other than Michael Holland of the UPS Store. 13. SALES TAX – There is no sales tax in the State of New Hampshire. It shall be the Buyers’ responsibility to pay all taxes applicable in their home state or country. Buyers will take delivery in New Hampshire. 14. RESERVATION – PMI reserves the right, without giving any reason, to put up items out of numerical sequence and to withdraw any items or lot from the Auction. Auctioneer reserves the right to reject any or all bids and reserves the right to bid on behalf of an Absentee Bidder. 15. RELEASE – Persons attending the inspection, preview, exhibition and/or Auction shall assume all risks and/or liabilities and shall specifically release and hold harmless the Auctioneer from any and all liability. Neither the Auctioneer nor his principal shall be liable by reason of a defect in, or condition of, the premises on which the inspection, preview, exhibition and/or Auction is held. Bidders and all others in attendance at the Auction hereby acknowledge that still photography and/or any other visual/audio recording may be in use at the Auction. Said photography and/or visual/audio recordings may be used by PMI for any purpose at any future date. Bidders and all others in attendance at this Auction also hereby waive all residual rights or claims that might arise from use of these pictures for any purpose at any future date. 16. APPLICABLE LAW – This Auction is being conducted under the conditions of the Uniform Commercial Code, NH RSA 382A:2-328 titled “Sale by Auction”. The rights and obligations of the Agent, Seller and Buyer with respect to the terms and conditions of sale shall be governed and interpreted by the laws of the State of New Hampshire. By bidding at the Auction, whether present in person, or by Agent, by Absentee bid, Internet bid or telephone, the Buyer shall be deemed to have consented to the exclusive jurisdiction of the New Hampshire courts. PMI shall have the rights afforded a secured party for any defaults by the Buyer. For any controversy or claim arising out of or relating to this Agreement and/or the Auction Event, or the breach thereof, any registered Bidders and others in attendance agree to arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Such arbitration to be held in the State of New Hampshire before a single arbitrator by the AAA, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Entry into the preview or Auction site constitutes acceptance of the above terms and conditions.

Prospective bidders should register no less than 24 hours in advance of the sale date. Approval for bidding is at the discretion of Paul McInnis, Inc. Please note registration may not be approved during the course of the sale.

Items offered are part of a live auction being held in Portsmouth, New Hampshire. Items are offered in numerical order and are auctioned at a pace of approximately 70-100 lots per hour. If you intend to bid on-line, do not wait to bid or you may lose out due to the time delay and the pace of our auction. The bids may occur between the live on-site auction bidders, absentee bidders and online bidders. In the event of a tie bid, the auctioneer has sole discretion to award the lot to the high bidder of his or her choosingmost often the on-site bidder. The auctioneer, at his discretion, reserves the right to refuse participation in this auction by any bidder, whether on premises, participating on-line, by telephone, or through absentee bid.

This auction is taking place at The Jarvis Center, 40 Andrew Jarvis Drive, Portsmouth, New Hampshire on Thursday, November 20th at 5:00 p.m. The preview is taking place at the same location on the day of the sale from 3:00 p.m. until 5:00 p.m. EST