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HomeMy WebLinkAbout06- Burns and Sons Auction & Appraisals; Auction Sale Agreement . . . Burns and Sons Auctions & Appraisals, LLC, P. O. Box 588, Belgrade, MT 59714 AUCTION SALE AGREEMENT An agreement made this 9th day of March, 2006, between The City of Bozeman, represented by James Goehrung, P. O. Box 1230, Bozeman, MT 59771 for the ImpleMax Equipment Co. Inc at 1408 Gold Avenue, Bozeman, MT, whether one or more, hereafter called OWNER, and Marilyn A. Burns, GPPA of BURNS AND SONS AUCTIONS & APPRAISALS, LLC, P. O. Box 588, Belgrade, MT 59714 hereafter called AUCTIONEERS. OWNER hereby agrees to turn over and deliver to the AUCTIONEERS, to be sold at public auction the Personal Property list known as "annexed hereto". The Personal property shall not be sold or withdrawn from the sale prior to the auction except by mutual agreement between OWNER and AUCTIONEERS. If the property is sold or withdrawn after it is advertised, AUCTIONEERS shall receive full commission on the appraised value. The PERSONAL PROPERTY auction will be held at 1408 Gold Avenue, Bozeman, Montana on March 28th, 2006, a Tuesday at 5:15 in the afternoon. A preview and inspection will begin at 3 :00 p.m. and continue to auction time. It will be mutually agreed that the personal property will be sold to the highest bidder. It is further mutually agreed that the AUCTIONEERS may deduct their fees at the rate set below from the gross sales receipts resulting from the auction sale, including the credit card char~es used against credit cards only, at 4%. Auctioneers agree to turn the proceeds from the sale over to owner within 10 business days of the auction along with sale records and statements, receipts, and sold item list. OWNER agrees that all expenses incurred for the advertisement, promotion and conducting of the auction, shall be first paid from the proceeds realized from the auction before the payment and satisfaction of any liens or encumbrances. All precautions will be taken to secure the property from loss, theft, or damage. Burns and Sons Auctions and Appraisals carry a professional liability insurance policy. OWNER covenants and agrees that he has good title and the right to sell, and that the personal property is free from all encumbrances. Items with encumbrances will be listed separ~tek with Lien Holder and address and unpaid balance. If none. please initial that fact. A . (Initial) The personal property will be sold "AS IS, WHERE IS". All announcements day of sale take precedence over advertised announcements. It is agreed AUCTIONEERS represent OWNER in this transaction. Personal Property will include the shop equipment, flatbed truck, flatbed trailer, forklift and miscellaneous personal property . OWNER AGREES TO PAY ALL SALES EXPENSES INCLUDING: Auctioneer Commission for personal property at 20%. Pickup truck and flatbed trailer at 15%. Clerking and Cashiering will be 0% of total proceeds of auctions. An ADVERTISING budget will start at: $1,200.00 and not exceed $1750.00 (Advertising costs will include postage and auction brochure, newspaper advertising and other promotional tools to market these auctions and will be paid with the proceeds of the auctions. Proceeds of the auction will pay all other expenses. The Website fee is $100.00. (www.burnsauction.com). . . . OTHER COSTS: Any other costs will be discussed and agreed upon prior to use. Additional Remarks: AUCTIONEER REPRESENTATIVE: OWNERS: BURNS AND SONS AUCTIONS P. O. BOX 588 BELGRADE, MT 59714 406-388-2360 arilyn A. I} A- <: }i ",} ~()'L': 123D &?p~nM--f...W oC) 7/8 C~A- ~' Signature A7r~r '.. Jl;;U- 0erk'-o-f W-COt1),u.c'SS(~'