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TERMS & CONDITIONS OF SERCURED PARTIES SALE ATPUBLIC AUCTION 09-59,RE: RICETTAS COMMISSARY KITHCEN

100 INDUSTRIAL WAY, PORTLAND, METHURSDAY, MARCH 12, 2009 AT 10AM

TERMS: Cash, or your good check, out-of-state checks will require a Bank letter of guarantee. 10% Buyer's Premium. Plemake all checks payable to Keenan Auction Company. Complete payment due day of sale. No exceptions.

Bidding and acknowledgment will be by number only. Please register with the Clerk. Once you become a winning bidder, passes (UCC) and you are responsible for your own merchandise. Please watch your merchandise after you have become winning bidder. Auctioneer & Seller are not responsible for lost or stolen items.

SALES TAX: 5% Maine sales tax on all items. Dealers or exempt agencies must provide us with a copy of their annual rescertificate with the clerk at time of registration. Out-of-state residents are subject to Maine sales tax.

REMOVAL OF MERCHANDISE: Items may not be removed until completion of sale and after complete payment has been maComplete payment must be received today. Removal is day of sale until 4PM. All items must be removed from the propFriday, March 13th at 4PM.

DISCONNECTS: Purchaser is responsible for disconnecting any electrical, water, gas, fire protection systems, remrefrigeration lines and removal of refrigerants for items purchased. These disconnects are to be performed within the guideliof industry-accepted standards and are to be performed by a qualified person. Any recovery process for refrigerants wilconducted in observance of current guidelines, statues, laws, and policies of the federal, state, and local agencies and/or ogoverning parties. Purchaser of the Walk-in Cooler/Freezer must fill in the trough in the floor with concrete suitable to andlords specifications.

WARRANTIES: While descriptions are believed to be correct, the Auctioneer and the Seller make no warranties or guaranteexpressed or implied as to the genuineness, authenticity of, or defects in any lot, and will not be held responsible for advertisdiscrepancies or inaccuracies. Purchaser acknowledges that purchaser has had the opportunity to inspect the lots and everything is sold on an "AS IS", "WHERE IS" basis except as expressly made in writing. No warranties are made as tomerchantability of any item or their fitness for any purpose.

Auctioneer and Seller do not guarantee the accuracy or completeness of the information contained in this catalog. Purchasshould verify and inspect desired items prior to bidding.

Purchaser does hereby indemnify and hold harmless Auctioneer and Seller from any and all damages and claims of any tywhatsoever, caused during the sale or arising out of the sale, or by the removal of the items purchased. Purchasers will be hresponsible for any damage they may create to the property, other items at the sale, or parties during the removal process.

If any dispute arises between two or more bidders, the Auctioneer at his sole option may put up the lot again for sale at once aresell to the highest bidder.

The Auctioneer reserves the right to bid and to reject any and all bids including any bid, which is only a fractional advance over preceding bid. The Auctioneer reserves the right to group one or more lots into one or more selling lots and to add to or defrom lots at Auctioneer's sole discretion. Absentee bids will be accepted with proper completion of bid form.

In the event the Purchaser fails to pay the whole of the purchase price within the time set forth by the Seller, and/or fails to comwith any of the Terms and Conditions of Sale, the Seller may retain and/or recover the deposit specified as liquidated damagand in addition thereto, can be resold at public or private sale without further notice. Any deficiency resulting from such resshall be paid to the Seller by such resale and enforcement of the obligation there under. Buyer agrees to pay any and all charand expenses incurred by reason of any breach of the Terms and Conditions of Sale, including without limitation reasonaattorney's fees.

PLEASE NOTE: You have signed a written binding contract agreeing to the Terms and Conditions of Sale, and understand thaany bid you make falls under the Maine Auction Law, Title II, Section 2-328 of the Uniform Commercial Code, and the Statute oFrauds. Maine auctions are under the jurisdiction of the State of Maine Department of Professional and Financial Regulations,Board of Licensure of Auctioneers, 35 State House Station, Augusta, Maine, 04330. If you do not agree with the Terms andConditions of the Sale, please return your bidding card to the clerk.

AUCTIONEERS - APPRAISERSONE RUNWAY RD.SO. PORTLAND, MAINE 04106TEL (207) 885-5100FAX (207)885-5877ME.AUCT. LIC. #236ME. R.E. LIC. #2175Email: info@keenanauction.com

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