96World

the sale of such property. Purchaser agrees

to execute prior to delivery of any refund, any

documents reasonably 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 uncon-

ditionally effect such release.

34 Rights granted to Bidders and Pur-

chasers under these Terms and Conditions

of Sale are personal and may not be assigned

or transferred to any other person or entity,

whether by operation of law or otherwise.

Any attempt to assign or transfer any such

rights shall be absolutely void and unenforce-

able. 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 origi-

nal Purchaser of the property from Goldberg

and not any subsequent owner 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 Conditions

of Sale, then in addition to all other remedies

which it may have at law or in equity, 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 diffi-

cult 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 opin-

ion 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 Pur-

chaser. If Goldberg gives notice, it shall be by

U.S.P.S. Certified Mail, Return Receipt Request-

ed 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 permit-

ted 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 Purchaser for

any excess proceeds. Purchaser shall remain li-

able 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 Pur-

chaser after first deducting the expenses set

forth above. If Purchaser fails to remit sums

due to Goldberg, Purchaser 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 prop-

erty of Purchaser, including any future goods

of Purchaser coming into possession of Gold-

berg. To the extent permitted by law, Purchaser

hereby waives all the requirements of notice,

advertisement and disposition of proceeds re-

quired 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 Conditions

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 resi-

dence 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 un-

enforceable 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 Consignor

places a bid in the mail bid book and is success-

ful, the Auctioneer will announce that the lot

has been passed.

These Terms and Conditions contain

the entire agreement and understanding be-

tween Goldberg and Bidder concerning the auc-

tion and any items bid on or purchased at the

auction. Bidder acknowledges that Goldberg

has not made any promises, representations

or warranty to bidder, not contained herein

concerning the auction and any items bid on or

purchased at the auction.

CONTACT GOLDBERG COINS:

11400 West Olympic Blvd

Suite 800

Los Angeles, CA 90064

310-551-2646

PHONE

310-551-262

6 FAX

1-800-978-2646

TOLL FREE

GOLDBERGCOINS.COM