US Sale 91

“A GENERAL RELEASE DOES NOT EXTEND TO

CLAIMS WHICH THE CREDITOR DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS FAVOR

AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM MUST HAVE MA-

TERIALLY AFFECTED HIS SETTLEMENT WITH

THE DEBTOR.” (continued)

31 Neither Goldberg nor any affiliated

or related company shall be responsible for in-

cidental or consequential damages arising out

of any failure of the Terms and Conditions of

Sale of the auction or the conduct thereof and

in no event shall liability for any such failure

exceed the purchase price paid.

The sole remedy that any Purchaser

in the auction shall have, whether such Pur-

chase is bidding in person, by mail, by facsim-

ile, by telephone, or through an employee or

agent, for any claim or

controversy arising out

of the auction shall be a refund of the original

purchase price and premium paid, if any.

Upon payment of any disputed sum,

which in no event shall be greater than the

original purchase price actually paid by Pur-

chaser plus any commission or premium actu-

ally paid by Purchaser to Goldberg, Auctioneer

and its employees shall be deemed released

from any and all claims of the Bidder arising

out of or in connection with the sale of such

property. Purchaser agrees to execute prior

to delivery of any refund, any documents rea-

sonably requested to effect the intent of this

paragraph. Should the Purchaser decline to

do so, Purchaser hereby grants to Goldberg

a limited power of attorney to unconditionally

effect such release.

Rights granted to Bidders

and Purchasers under these Terms and Con-

ditions of Sale are personal and may not be

assigned or transferred to any other person

or entity, whether by operation of law or oth-

erwise. Any attempt to assign or transfer any

such rights shall be absolutely void and un-

enforceable. No third party may rely on any

benefit or right conferred on any Bidder or

Purchaser by these Terms and Conditions of

Sale and terms of warranty. “Purchaser” shall

mean the original Purchaser of the property

from Goldberg and not any subsequent own-

er or other person who may acquire or have

acquired an interest therein. If Purchaser is

an agent, the agency must be disclosed in

writing to Goldberg prior to the time of sale,

otherwise the benefits of the warranty shall

be limited to the agent and not transferable to

the undisclosed principal.

If the Purchaser fails to comply

with one or more of these Terms and Con-

ditions of Sale, then in addition to all other

remedies which it may have at law or in eq-

uity, Goldberg may at its sole option, either

(a) cancel the sale, retaining all payments

made by Purchaser as liquidated damages,

it being recognized that actual damages may

be speculative or difficult to compute, or (b)

sell some or all of the property and (some or

all other property of the Purchaser held by

Goldberg, if Goldberg deems necessary), in a

quantity sufficient in the opinion of Goldberg

to satisfy the indebtedness, plus all accrued

charges. More than one such sale may take

place at the option of Goldberg. Such sale

may take place without notice to Purchaser. If

Goldberg gives notice, it shall be by U.S.P.S.

Certified Mail, Return Receipt Requested to

the address utilized on the Bid Sheet, Auction

Consignment and Security Agreement or other

address known to Goldberg. Such sale will

be at Goldberg standard commission rates at

public or private sale, within California, or at

another location outside of California to be de-

termined by Goldberg. At the time of sale the

defaulting party shall not bid nor be permitted

to bid. The proceeds shall be applied first to

the satisfaction of any damages occasioned by

Purchaser’s breach, and then to the payment

of any other indebtedness owing to Goldberg,

including without limitation, commissions,

handling charges, the expenses of both sales,

reasonable attorneys’ fees and costs, collec-

tion agency fees and costs and any other costs

or expenses incurred thereunder. If a lot or

item is not paid for, and is sold by Goldberg

for Purchaser’s account, in accordance with

the Uniform Commercial Code, Goldberg shall

not be required to account to the Purchas-

er for any excess proceeds. Purchaser shall

remain liable to Goldberg if the proceeds of

such sale or sales is insufficient to cover the

indebtedness. If other property of Purchaser

is also sold, any excess of proceeds will be

remitted to the Purchaser after first deducting

the expenses set forth above. If Purchaser

fails to remit sums due to Goldberg, Purchas-

er grants to Goldberg a lien with respect to

such sum, with interest to accrue thereon at

the legal rate, until actually paid, which lien

shall apply against any property of Purchaser,

including any future goods of Purchaser com-

ing into possession of Goldberg. To the extent

permitted by law, Purchaser hereby waives all

the requirements of notice, advertisement and

disposition of proceeds required by law.

These Terms and Conditions of Sale

and the auction shall be construed and en-

forced in accordance with, and governed by,

the laws of the State of California, whether or

not the auction is and these Terms and Condi-

tions of Sale are fully performed in California.

Purchaser acknowledges and agrees

that the competent courts of the State of Cali-

fornia shall have exclusive jurisdiction over any

dispute(s) arising hereunder, and Purchaser

hereby agrees that any dispute arising hereun-

der shall be litigated exclusively in the courts

of the State of California, and not elsewhere,

regardless of any party’s current or future res-

idence or domicile. Purchaser further agrees

that venue shall be in the Superior Court of Los

Angeles, in the State of California.

ATTORNEY FEES AND COSTS

The Bidder/Purchaser shall pay to Goldberg all

costs and expenses of collection of amounts

due herein, or to otherwise enforce any or all

provisions of these Terms and Conditions of

Sale, the subject matter of these Terms and

Conditions of Sale, or any other agreement

entered into with Goldberg, including but not

limited to, reasonable attorney fees and costs

incurred before legal action, if any, is com-

menced. The Bidder/Purchaser further agrees

that in any litigation or other proceeding based

upon, arising out of or related to these Terms

and Conditions of Sale, the Bidder/Purchaser

shall pay to Goldberg its attorney fees and

other expenses and costs incurred in connec-

tion with the litigation or other proceeding if

Goldberg is the prevailing party.

If any section of these Terms and

Conditions of Sale or any term or provision of

any section is held to be invalid, void, or unen-

forceable by any court of competent jurisdic-

tion, the remaining sections or terms and pro-

visions of a section shall continue in full force

and effect without being impaired or invali-

dated in any way.

AS STATED IN THE TERMS

AND CONDITIONS OF SALE

Certain lots may

be reserved by the Consignor. If the Auction-

eer identifies a Consignor bidding on his own

property, an announcement will be made that

the Consignor is now bidding. If the Consign-

or places a bid in the mail bid book and is

successful, the Auctioneer will announce that

the lot has been passed.

These Terms and Conditions con-

tain the entire agreement and understanding

between Goldberg and Bidder concerning the

auction and any items bid on or purchased at

the auction. Bidder acknowledges that Gold-

berg has not made any promises, represen-

tations or warranty to bidder, not contained

herein concerning the auction and any items

bid on or purchased at the auction.