ABSOLUTE ONLINE ESTATE AUCTION
THE LATE ISAAC OSBORNE
FARM EQUIPMENT, FURNITURE AND PERSONAL PROPERTY
BIDDING ENDS JANUARY 17, 2022 – 6:00 P.M.
4254 WEST LAUREL ROAD, LONDON, KY
DIRECTIONS: From Interstate 75 Exit 38 in London, KY, follow Hwy 192 / West Laurel Road 4.2 miles to the property on right. Auction signs are posted.
PREVIEW: January 10, 2022 – 4:00 to 6:00 p.m. and January 17, 2022 – 4:00 to 6:00 p.m.
PICKUP: January 19 and 20, 2022 – 12:00 noon to 6:00 p.m.
TERMS:
Buyer's Premium: There will be a 10% Buyer’s Premium added to the winning bid. The sum of the winning bid plus the Buyer’s Premium will be the sales price.
Online Auction Ending Times:
Ford Brothers, Inc. Online Auctions are timed events and all bidding will close at the specified time. Ford Brothers, Inc. Online Auctions also have an auto-extend feature. If a bid is placed in the final 5 minutes of an auction, the close of the auction will be automatically extended 5 minutes from the time the bid was placed. Example: if an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend 6:04. The auto-extend feature remains active until no further bids are received within a 5-minute time frame. Please monitor the countdown timer to see when the lot will close.
Staggered Closing: This online auction closes in intervals. Depending on how large (# of lots) an auction is, then we set the auction to close so many lots at a time. If it is a large auction then it will be 75-100 lots at a time. If it is equipment and has 150 lots or less, then we will close the auction approx 10-25 lots a time, all in 5-minute intervals. Please monitor the countdown timer to see when the lot will close. Please check the auction announcements for detailed information regarding these intervals. This feature works great with the auto-extend feature to closely emulate a live auction.
All property is sold in “AS IS” and “WHERE IS” condition. ALL SALES ARE FINAL! Bidder understands and agrees that no refunds, exchanges, adjustments, chargebacks, etc, will be allowed. Property is available for inspection at specified times and it is the bidder's responsibility to determine condition. Bidder's failure to inspect any item or lot will not constitute grounds for any claim, refund, adjustment, chargeback, etc.
All description information has been gathered from sources which we believe to be reliable but is not guaranteed. Auctioneer makes no warranty or guarantee of any kind with respect to condition, authenticity, provenance, source, condition, suitability for a particular purpose, etc. Auctioneer reserves the right to change, modify, delete any item or lot or description in the auction as may be necessary.
Payment, Pickup, Shipping & Storage Terms:
Pickup/Payment Info: Pay / pickup is January 19 and 20 2022 from 12:00 noon until 6:00 p.m. Accepted methods of payment are cash, cashier's check or personal/business check, Visa, Mastercard, American Express or Discover (with a 3% processing fee (minimum processing fee of $3) or wire transfer. All fees incurred by wired transfers will be paid by the purchaser. All purchases that have not been paid by January 19 and 20 2022 at 6:00 p.m. will automatically be charged to the credit card used at registration, with a 3% processing fee (minimum processing fee of $3). All purchased items must be removed by the deadline of January 20, at 6:00 p.m. Any items not removed by the deadline will, at Auctioneer's discretion, be discarded or resold with proceeds retained by Auctioneer. There will be NO REFUND to the purchaser for these forfeited items.
Large Item Pickup: Ford Brothers, Inc absolutely DOES NOT provide shipping, shipping preparation or transportation services for any items larger than the size of largest U.S. Postal Service flat rate box. Removal of items, moving, packaging, loading, transporting, shipping and shipping preparation (on items larger than the above-stated size) are the sole responsibility of the purchaser.
Shipping Preparation: Shipping and shipping preparation on items that will fit into a US Postal Service flat rate box will be subject to the following charges: $5 processing and handling fee per box. The buyer shall pay all shipping fees prior to shipping. The shipping insurance is available through most shipping companies and would be the expense of the buyer (optional). Ford Brothers, Inc. and the sellers WILL NOT be liable for any lost or damaged packages.
Item Transportation: Ford Brothers must be notified via phone or email([email protected]) of any items that cannot be picked up on an Auction Pickup day, if we are NOT notified then your items will be forfeited. Any items transported back to a Ford Brothers office/facility are subject to a $5 per lot fee ($1 per coin/jewelry and $1 per lot that will fit into a 12 inch by 12 inches by 6-inch box). NO GUNS will be transferred between offices due to FFL regulations, you must pick your gun up at the location of the office that conducted the Auction. Items weighing more than 100 pounds or larger than 24 inches x 24 inches x 48 inches will not be shipped by Ford Brothers to any location. Transported items must be paid for according to the terms of the auction and will be transported at Ford Brothers’ earliest convenience. Buyers MAY NOT waive payment until their items are transported.
Storage of Personal Property Items: Any item stored at a Ford Brothers facility exceeding 48 HOURS will be subject to a $1 per day storage fee.
Forfeiture of Items: Any item/lot that has not been picked up from any Ford Brothers Auction location within 14 days will, at Auctioneer's discretion, be discarded or resold with proceeds retained by the Auctioneer.
SALES TAX: Kentucky Sales Tax (6%) will be added to the sale price. Dealers or other exempt parties must provide proper documentation to Auctioneer before bidding.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Ford Brothers, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor FORD BROTHERS, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Ford Brothers, Inc.
Any dispute between Ford Brothers, Inc, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Laurel County, Kentucky. By bidding on the property, the buyer agrees to all terms and conditions set forth.
Agency: Ford Brothers, Inc.' Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Ford Brothers, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
Ford Brothers, Inc., reserves the right to alter this agreement at any time. This will take place by updating this site. Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.
Auction company employees and/or auction company may bid on and purchase auction items.
BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for Ford Brothers and all other MarkNet auctions.
If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately.
For additional information, contact Ford Brothers, Inc. Auctioneers at 606-878-7111.
TIME IS OF THE ESSENCE in regard to all auction terms.
Gun Terms:
Age Requirements: An individual who is at least 18 years of age may purchase firearms and ammunition for rifles or shotguns. However, for firearms other than rifles and shotguns and ammunition for such other guns, the minimum age requirement is 21 years.
United States Citizen Requirement: A bidder must be a legal resident of the United States to bid on firearms.
Sales to Non-Kentucky Residents: Out-of-state bidders of guns may bid on firearms so long as they comply with the laws of their state. Ford Brothers, Inc. may conduct over-the-counter transactions of rifles or shotguns with non-residents who come to our London, Kentucky office location and complete the correct paperwork and background check. We WILL NOT make over-the-counter transactions of handguns (or any other firearm other than a shotgun or rifle) to a non-Kentucky resident. However, Ford Brothers, Inc. may ship guns to another FFL in your state where that Licensee will take responsibility for transferring your firearm to you. We cannot ship guns to individuals.
Cost of Shipping Firearms to another FFL Dealer: The purchaser of firearms that must be shipped to another FFL is responsible for the cost of shipping and handling of those firearms. Firearms will only be shipped via UPS due to the tightening of laws and regulations.
Shipping Ammunition to Purchasers: All ammunition will be shipped via UPS. We cannot ship ammunition of multiple calibers together in the same box and each box will have a weight limit of 66 pounds. Anything over 66 pounds will have to ship in a separate box.
Firearms Transaction Record: Individuals who hold the winning bid on guns will have to complete a Firearms Transaction Record Part I – Over-the-Counter form in the presence of Ford Brothers, Inc. staff at our location and have a National Instant Criminal Background Check System (NICS) check performed over the telephone at same time before taking possession of those guns. If you hold an active Carrying Concealed Deadly Weapons License, you will not need to complete a background check but will need to complete a Firearms Transaction Record Part I – Over-the-Counter form as specified above. If you do not have a Carrying Concealed Deadly Weapons license, we still require that you have a State issue Driver's License.
Responsibility of Purchase & NICS Background Check: Make sure that you are eligible to own firearms before bidding.
As an FFL, Ford Brothers, Inc. is required to stop the transaction of a firearm if information provided by the purchaser in the Firearms Transaction Record gives us reason to believe that a person is prohibited from the purchase of firearms. In this case, we will stop the transaction process and NOT proceed with the NICS background check. If the outcome of a bidder’s NICS background check does not allow us to proceed with the transfer of the firearm to that bidder, the bidder is still responsible for payment of the firearm which he/she was the high bidder on. Again, make sure you are eligible to own firearms before bidding.
If a NICS background check results in a “Proceed” response, Ford Brothers, Inc. will transfer the firearm(s) directly to the person whom the NICS check was performed on. Ford Brothers, Inc. WILL NOT give the firearm(s) to a spouse, relative, or any other individual.
If a NICS background check results in a “Deny” response, the bidder will still be responsible for payment of their firearms purchase as outlined in the terms of this auction. The NICS system is a descriptor-based name search and it is possible for purchasers to be erroneously denied. We will provide a purchaser who feels he/she has been erroneously denied with information on the appeals process.
If a NICS background check results in a “Delay” response, the bidder will still be responsible for payment of their firearms purchase as outlined in the terms of this auction. Again, the NICS system is a descriptor-based name search and sometimes time is needed to differentiate the true purchaser from other individuals with the same name, etc. If no further response is received by Ford Brothers, Inc., the firearm may be transferred after 5 business days.
Straw Purchases: Be advised that it is illegal to make a “straw purchase” of a firearm. A straw purchase is when the actual buyer of a firearm uses another person to execute the paperwork necessary to purchase a firearm from an FFL. If Ford Brothers, Inc. has reason to believe that a bidder has made a straw purchase, the bidder will be held responsible for payment of his/her bids and will NOT receive the firearm.
Gun Purchaser: We require the person who is paying for the firearm, to be the person who pickups the gun, fills out the paperwork and passes the background check.
SALES TAX: Kentucky Sales Tax (6%) will be added to the sale price. Dealers or other exempt parties must provide proper documentation to Auctioneer before bidding.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Ford Brothers, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor FORD BROTHERS, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Ford Brothers, Inc.
Any dispute between Ford Brothers, Inc, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Laurel County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions set forth.
Agency: Ford Brothers, Inc.' Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Ford Brothers, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
Ford Brothers, Inc., reserves the right to alter this agreement at any time. This will take place by updating this site. Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.
Auction company employees and/or auction company may bid on and purchase auction items.
BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for Ford Brothers and all other MarkNet auctions.
If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately.
For additional information, contact Ford Brothers, Inc. Auctioneers at 606-878-7111.
TIME IS OF THE ESSENCE in regard to all auction terms.
Buyer's Premium: There will be a 10% Buyer’s Premium added to the winning bid. The sum of the winning bid plus the Buyer’s Premium will be the sales price.
Online Auction Ending Times:
Ford Brothers, Inc. Online Auctions are timed events and all bidding will close at the specified time. Ford Brothers, Inc. Online Auctions also have an auto-extend feature. If a bid is placed in the final 5 minutes of an auction, the close of the auction will be automatically extended 5 minutes from the time the bid was placed. Example: if an auction scheduled to close at 6:00 receives a bid at 5:59, the close time will automatically extend 6:04. The auto-extend feature remains active until no further bids are received within a 5-minute time frame. Please monitor the countdown timer to see when the lot will close.
Staggered Closing: This online auction closes in intervals. Depending on how large (# of lots) an auction is, then we set the auction to close so many lots at a time. If it is a large auction then it will be 75-100 lots at a time. If it is equipment and has 150 lots or less, then we will close the auction approx 10-25 lots a time, all in 5-minute intervals. Please monitor the countdown timer to see when the lot will close. Please check the auction announcements for detailed information regarding these intervals. This feature works great with the auto-extend feature to closely emulate a live auction.
All property is sold in “AS IS” and “WHERE IS” condition. ALL SALES ARE FINAL! Bidder understands and agrees that no refunds, exchanges, adjustments, chargebacks, etc, will be allowed. Property is available for inspection at specified times and it is the bidder's responsibility to determine condition. Bidder's failure to inspect any item or lot will not constitute grounds for any claim, refund, adjustment, chargeback, etc.
All description information has been gathered from sources which we believe to be reliable but is not guaranteed. Auctioneer makes no warranty or guarantee of any kind with respect to condition, authenticity, provenance, source, condition, suitability for a particular purpose, etc. Auctioneer reserves the right to change, modify, delete any item or lot or description in the auction as may be necessary.
Payment, Pickup, Shipping & Storage Terms:
Pickup/Payment Info: Pay / pickup is January 19 and 20th, 2022 from 12:00 noon until 6:00 p.m. Accepted methods of payment are cash, cashier's check or personal/business check, Visa, Mastercard, American Express or Discover (with a 3% processing fee (minimum processing fee of $3) or wire transfer. All fees incurred by wired transfers will be paid by the purchaser. All purchases that have not been paid by January 20, 2022 at 6:00 p.m. will automatically be charged to the credit card used at registration, with a 3% processing fee (minimum processing fee of $3). All purchased items must be removed by the deadline of January 20, at 6:00 p.m. Any items not removed by the deadline will, at Auctioneer's discretion, be discarded or resold with proceeds retained by Auctioneer. There will be NO REFUND to the purchaser for these forfeited items.
Large Item Pickup: Ford Brothers, Inc absolutely DOES NOT provide shipping, shipping preparation or transportation services for any items larger than the size of largest U.S. Postal Service flat rate box. Removal of items, moving, packaging, loading, transporting, shipping and shipping preparation (on items larger than the above-stated size) are the sole responsibility of the purchaser.
Shipping Preparation: Shipping and shipping preparation on items that will fit into a US Postal Service flat rate box will be subject to the following charges: $5 processing and handling fee per box. The buyer shall pay all shipping fees prior to shipping. The shipping insurance is available through most shipping companies and would be the expense of the buyer (optional). Ford Brothers, Inc. and the sellers WILL NOT be liable for any lost or damaged packages.
Item Transportation: Ford Brothers must be notified via phone or email([email protected]) of any items that cannot be picked up on an Auction Pickup day, if we are NOT notified then your items will be forfeited. Any items transported back to a Ford Brothers office/facility are subject to a $5 per lot fee ($1 per coin/jewelry and $1 per lot that will fit into a 12 inch by 12 inches by 6-inch box). NO GUNS will be transferred between offices due to FFL regulations, you must pick your gun up at the location of the office that conducted the Auction. Items weighing more than 100 pounds or larger than 24 inches x 24 inches x 48 inches will not be shipped by Ford Brothers to any location. Transported items must be paid for according to the terms of the auction and will be transported at Ford Brothers’ earliest convenience. Buyers MAY NOT waive payment until their items are transported.
Storage of Personal Property Items: Any item stored at a Ford Brothers facility exceeding 48 HOURS will be subject to a $1 per day storage fee.
Forfeiture of Items: Any item/lot that has not been picked up from any Ford Brothers Auction location within 14 days will, at Auctioneer's discretion, be discarded or resold with proceeds retained by the Auctioneer.
SALES TAX: Kentucky Sales Tax (6%) will be added to the sale price. Dealers or other exempt parties must provide proper documentation to Auctioneer before bidding.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Ford Brothers, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor FORD BROTHERS, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Ford Brothers, Inc.
Any dispute between Ford Brothers, Inc, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Laurel County, Kentucky. By bidding on the property, the buyer agrees to all terms and conditions set forth.
Agency: Ford Brothers, Inc.' Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Ford Brothers, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
Ford Brothers, Inc., reserves the right to alter this agreement at any time. This will take place by updating this site. Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.
Auction company employees and/or auction company may bid on and purchase auction items.
BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for Ford Brothers and all other MarkNet auctions.
If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately.
For additional information, contact Ford Brothers, Inc. Auctioneers at 606-878-7111.
TIME IS OF THE ESSENCE in regard to all auction terms.
Gun Terms:
Age Requirements: An individual who is at least 18 years of age may purchase firearms and ammunition for rifles or shotguns. However, for firearms other than rifles and shotguns and ammunition for such other guns, the minimum age requirement is 21 years.
United States Citizen Requirement: A bidder must be a legal resident of the United States to bid on firearms.
Sales to Non-Kentucky Residents: Out-of-state bidders of guns may bid on firearms so long as they comply with the laws of their state. Ford Brothers, Inc. may conduct over-the-counter transactions of rifles or shotguns with non-residents who come to our London, Kentucky office location and complete the correct paperwork and background check. We WILL NOT make over-the-counter transactions of handguns (or any other firearm other than a shotgun or rifle) to a non-Kentucky resident. However, Ford Brothers, Inc. may ship guns to another FFL in your state where that Licensee will take responsibility for transferring your firearm to you. We cannot ship guns to individuals.
Cost of Shipping Firearms to another FFL Dealer: The purchaser of firearms that must be shipped to another FFL is responsible for the cost of shipping and handling of those firearms. Firearms will only be shipped via UPS due to the tightening of laws and regulations.
Shipping Ammunition to Purchasers: All ammunition will be shipped via UPS. We cannot ship ammunition of multiple calibers together in the same box and each box will have a weight limit of 66 pounds. Anything over 66 pounds will have to ship in a separate box.
Firearms Transaction Record: Individuals who hold the winning bid on guns will have to complete a Firearms Transaction Record Part I – Over-the-Counter form in the presence of Ford Brothers, Inc. staff at our location and have a National Instant Criminal Background Check System (NICS) check performed over the telephone at same time before taking possession of those guns. If you hold an active Carrying Concealed Deadly Weapons License, you will not need to complete a background check but will need to complete a Firearms Transaction Record Part I – Over-the-Counter form as specified above. If you do not have a Carrying Concealed Deadly Weapons license, we still require that you have a State issue Driver's License.
Responsibility of Purchase & NICS Background Check: Make sure that you are eligible to own firearms before bidding.
As an FFL, Ford Brothers, Inc. is required to stop the transaction of a firearm if information provided by the purchaser in the Firearms Transaction Record gives us reason to believe that a person is prohibited from the purchase of firearms. In this case, we will stop the transaction process and NOT proceed with the NICS background check. If the outcome of a bidder’s NICS background check does not allow us to proceed with the transfer of the firearm to that bidder, the bidder is still responsible for payment of the firearm which he/she was the high bidder on. Again, make sure you are eligible to own firearms before bidding.
If a NICS background check results in a “Proceed” response, Ford Brothers, Inc. will transfer the firearm(s) directly to the person whom the NICS check was performed on. Ford Brothers, Inc. WILL NOT give the firearm(s) to a spouse, relative, or any other individual.
If a NICS background check results in a “Deny” response, the bidder will still be responsible for payment of their firearms purchase as outlined in the terms of this auction. The NICS system is a descriptor-based name search and it is possible for purchasers to be erroneously denied. We will provide a purchaser who feels he/she has been erroneously denied with information on the appeals process.
If a NICS background check results in a “Delay” response, the bidder will still be responsible for payment of their firearms purchase as outlined in the terms of this auction. Again, the NICS system is a descriptor-based name search and sometimes time is needed to differentiate the true purchaser from other individuals with the same name, etc. If no further response is received by Ford Brothers, Inc., the firearm may be transferred after 5 business days.
Straw Purchases: Be advised that it is illegal to make a “straw purchase” of a firearm. A straw purchase is when the actual buyer of a firearm uses another person to execute the paperwork necessary to purchase a firearm from an FFL. If Ford Brothers, Inc. has reason to believe that a bidder has made a straw purchase, the bidder will be held responsible for payment of his/her bids and will NOT receive the firearm.
Gun Purchaser: We require the person who is paying for the firearm, to be the person who pickups the gun, fills out the paperwork and passes the background check.
SALES TAX: Kentucky Sales Tax (6%) will be added to the sale price. Dealers or other exempt parties must provide proper documentation to Auctioneer before bidding.
SERVER & SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Ford Brothers, Inc. reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor FORD BROTHERS, INC. SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to registered bidders with updated information as deemed necessary by Ford Brothers, Inc.
Any dispute between Ford Brothers, Inc, its Agents or Representatives and the Buyer(s) will be tried in a court of jurisdiction in Laurel County, Kentucky. By bidding on the property, buyer agrees to all terms and conditions set forth.
Agency: Ford Brothers, Inc.' Agents and Representatives are agents of the Seller. Buyer and or Bidder agrees to hold harmless and indemnify Ford Brothers, Inc. and its Agents and its Representatives from any and all claims, damages or suits including but not limited to awards, judgments, costs, fees, etc.
Ford Brothers, Inc., reserves the right to alter this agreement at any time. This will take place by updating this site. Please check back and review these terms as every time you use this site you are agreeing to the terms as they are written at that time.
Auction company employees and/or auction company may bid on and purchase auction items.
BIDDER DEFAULT: Failure to complete a purchase is illegal and will result in one or more of the following (1) prosecution (2) loss of bidding privileges for Ford Brothers and all other MarkNet auctions.
If a bidder at any time feels his/her username, password or bidder number has been compromised due to lack of security by the bidder, notify Auctioneer immediately.
For additional information, contact Ford Brothers, Inc. Auctioneers at 606-878-7111.
TIME IS OF THE ESSENCE in regard to all auction terms.